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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Parts 2 and 87 of the Commission's ) WT Docket No. 00-77 Rules to Accommodate Advanced Digital ) Communications in the 117.975-137 MHz Band ) RM Nos. 9376, 9462 and to Implement Flight Information Services in the ) 136-137 MHz Band ) NOTICE OF PROPOSED RULEMAKING Adopted: May 8, 2000 Released: May 15, 2000 Comment Date: July 14, 2000 Reply Comment Date: August 14, 2000 By the Commission: TABLE OF CONTENTS Title Paragraph I. INTRODUCTION AND EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . 1 II. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 III. DISCUSSION . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Table of Frequency Allocations for the 136-137 MHz Band (47 C.F.R.  2.106). . . . . . . 8 B. Aviation Service Rules (47 C.F.R. Part 87) . . . . . . . . . 13 IV. PROCEDURAL MATTERS. . . . . . . . . . . . . . . . . . . . . . . . 19 Appendix A Initial Regulatory Flexibility Analysis Appendix B Proposed Rules I. INTRODUCTION AND EXECUTIVE SUMMARY 1. In this Notice of Proposed Rulemaking (Notice), we seek comment on proposals regarding the use of the 136-137 MHz frequency band by the Aviation Services and certain modifications to Parts 2 and 87 of the Commission's Rules in response to two Petitions for Rulemaking. SAMA, in its Petition, proposes revision of the aviation rules to allow the use of advanced digital data transmissions and to designate four channels, to be suggested by the FAA, for the implementation of Flight Information Services (FIS) in the 136-137 band. The FAA, in its Petition and Revised Petition, seeks reallocation of the 136-136.475 MHz portion of the 136-137 MHz band to allow Federal Government operations to share this band with non- Federal Government operations. The FAA also requests amendment of various aviation rules to permit the implementation of FIS and to promote the transition to high-capacity digital communications systems for future requirements of air traffic control (ATC) for civil aviation. In response to the petitions and comments received, this Notice proposes to: (1) modify the footnote allocation in Part 2 of the Commission's Rules to permit the FAA use of twenty channels in the 136-136.475 MHz band on a shared basis with non-Federal Government users for ATC purposes, including FIS; (2) revise certain technical rules in Part 87 for the 117.975-137 MHz band to accommodate digital communications systems; and (3) modify those rules pertaining to special purpose enroute services in the Gulf of Mexico. II. BACKGROUND 2. In 1990, the Commission amended Parts 2 and 87 of its Rules to permit stations in the aviation services to use certain frequencies in the 136-137 MHz band. The Commission allotted forty 25 kHz channels in the 136-137 MHz band for assignment to aeronautical mobile (R) radio service. Specifically, the Commission allocated fifteen channels on a shared basis with the FAA for ATC purposes, such as automatic weather observation services (AWOS), automatic terminal information service (ATIS), and airport control tower communications (ACTC) for general aviation. Additionally, the Commission allocated twenty channels for aeronautical enroute services (with six of these channels being allotted for special purpose enroute services in the Gulf of Mexico). The Commission also held five channels temporarily in reserve for future general aviation purposes. 3. On May 1, 1998, the Administrator of the FAA issued the Airborne Flight Information Services Policy Statement (FAA Policy Statement). In the FAA Policy Statement, the FAA stated its goal for FIS as follows: "FIS in the cockpit is to use digital data link to deliver information to the pilot, . . . improve safety, reduce costs to users and the FAA, and increase the utility efficiency and capacity of the National Airspace System." Additionally, the FAA stated that its objective was to ensure development and provision of services for sending FIS to aircraft via data link. FIS includes information necessary for continued safe flight and for flight planning whether in the air or on the ground. The FAA indicated that it would work with the aviation industry to develop a joint petition to the FCC to assign four 25 kHz radio frequency channels in the 136.0-136.9 MHz VHF band and to select qualified vendors on a competitive basis to be providers of FIS. 4. On September 14, 1998, SAMA filed a petition requesting revision of the Commission's Rules to permit the implementation of the FAA's FIS program in the 136-137 MHz frequency band. SAMA indicates that FIS includes broadcasts of weather and other advisory information that are identical in purpose to AWOS and ATIS weather reports, except that instead of voice transmission, they are sent using advanced data transmissions. SAMA indicates that this data is provided to the flight crew on a display, depicting either textual or graphical information. Examples of FIS include: text of weather observations identical to the type of information provided over AWOS by voice; graphical representation of weather hazard areas, such as thunderstorms; Notices to Airmen; and status of special use airspace. In order to implement the FAA's FIS program, SAMA also seeks amendment of Section 87.131 of the Rules to modify the aeronautical authorized emissions classification to allow not only A3E (double sideband amplitude modulation), but also to allow F1D and G1D (frequency and phase modulated digital). Three parties filed comments in response to the SAMA Petition: the National Air Transportation Association (NATA); the National Business Aviation Association (NBAA); and Aeronautical Radio, Inc. (ARINC). 5. On November 19, 1998, the FAA filed a petition seeking a shared allocation for the 136-137 MHz band for the future requirements of civil aviation ATC. Specifically, the FAA proposes that the 136-137 MHz band be changed from a non-Federal Government allocation with shared access to fifteen channels to a shared Federal Government/non-Federal Government allocation. It further suggests a channeling plan as follows twenty-four frequencies for ATC with four (specifically, 136.525 MHz, 136.625 MHz, 136.725 MHz and 136.825 MHz) designated as FIS, and the remaining sixteen frequencies for aeronautical operational control (AOC). The FAA avers that it has decided to implement a new digital communications system as a solution to the growing spectrum congestion in the aeronautical mobile communications spectrum. The FAA further noted it has adopted an FIS policy statement, which seeks to implement an FIS system in the 136-137 MHz band; and therefore, it supports the SAMA petition. On April 19, 1999, ARINC and Air Transport Association of America (ATA) filed joint comments opposing the FAA Petition and submitted further revisions based on an agreement negotiated among the various elements of the air transport industry, including the FAA. 6. On August 3, 1999, the FAA filed a Revised Petition to take into account agreements reached between the FAA and air transport industry on implementation of FIS data link capability. In its Revised Petition, the FAA requested a shared allocation of the 136-136.475 MHz portion of the 136-137 MHz, and proposed four other frequencies (namely, 136.425 MHz, 136.450 MHz, 136.475 MHz, and 136.500 MHz) for FIS. Additionally, the FAA proposed changes to technical parameters such as emissions and frequency stability. On November 15, 1999, further comments were filed on behalf of ARINC. III. DISCUSSION 7. Currently, the 136-137 MHz band is allocated to the non-Federal Government aeronautical mobile (R) service on a primary basis. This one megahertz of spectrum is used by the civil aviation community, in particular ARINC, for AOC communications, and pursuant to footnote US244, by the FAA for general aviation ATC purposes. SAMA, in its Petition, requests the FCC to set aside four channels in the 136-137 MHz band for FIS to support general aviation. The FAA, in its Revised Petition, supports this request but also seeks a reallocation of approximately half of the band (136-136.475 MHz) to accommodate a new, digital communications system. While generally supporting both requests, it appears that the aviation community challenges the amount of spectrum needed and the manner in which it is allocated. The community counsels caution when evaluating the petitions and stresses the need to balance future Federal Government services against the existing and planned improvements in non-Federal Government data communications services. All parties also request that 47 C.F.R. Part 87 be amended to permit digital communications for general aviation. A. The Table of Frequency Allocations for the 136-137 MHz Band (47 C.F.R.  2.106). 8. In its initial petition, the FAA sought a shared Federal Government/non-Federal Government allocation of the 136-137 MHz band in its entirety, but later, after subsequent talks with industry, the FAA revised its request to the 136-136.475 MHz band only. The FAA stated that it requires the Federal Government allocation because spectrum congestion within the 117.975-136 MHz band, due to increasing ATC communications requirements, has caused frequency assignments in this band to grow about four percent annually. The FAA believes that the 136-137 MHz band segment should be reallocated in order to accommodate the requirements of civil aviation, and, in particular, to provide benefits to general aviation by "freeing up" radio frequencies below 136 MHz where most general aviation radios operate. Moreover, the FAA reiterates that it does not use this spectrum for its own operations, but that this radio spectrum is used to provide communications regarding air traffic services to private sector aircraft. Finally, the FAA contends that the new Federal Government allocation is solely to allow the FAA to implement ground facilities that will support the critical safety communications needs of civil aviation. The FAA indicates that it needs a sufficient "sub-band" so that current air/ground communications will not receive interference during the transition to the future, digital air/ground communications system. 9. ARINC/ATA oppose the FAA's proposal for a shared Federal Government/non-Federal Government allocation in the 136-137 MHz band. Specifically, ARINC/ATA assert that the FAA Petition exceeds the FAA's future needs concerning its transition to a digital system and the implementation of FIS. By exceeding its future requirements, ARINC/ATA maintain that the FAA's proposals would negatively impact the current use of the band by ARINC and civil aviation for AOC communications. In this regard, ARINC notes that presently it has 6,740 frequency assignments on the 148 channels available in the aeronautical enroute service, which equals more than forty-five assignments per channel. ARINC/ATA further assert that the FAA's proposals would be devastating to the existing and planned safety services of the civil aviation community. 10. After reviewing the matter, we agree with ARINC/ATA and believe that a Federal Government allocation within the 136-137 MHz band is unnecessary to achieve the goals of both the FAA and industry. Instead, we propose to amend 47 C.F.R  2.106, n. US244 to extend FAA's access from fifteen to twenty channels within the 136-136.475 MHz band on a shared basis with non-Federal Government users. Specifically, we propose to add channels 136.100 MHz, 136.200 MHz, 136.275 MHz, 136.375 MHz, and 136.475 MHz to the list of FAA's shared channels. SAMA, NATA, NBAA, and ARINC all support providing the FAA with access to these additional channels. In making this proposal, we emphasize that this band is first and foremost a non-Federal Government band. When the band was available for aeronautical use on January 1, 1990, the Commission designated the entire band as non-Federal Government and determined that the FAA's spectrum requirements would be satisfied with an allotment of fifteen channels for general aviation ATC use. We continue to believe that the FAA's spectrum requirements can be met in ways other than taking spectrum from the private sector and reallocating it as shared Federal Government/non-Federal Government spectrum. We invite comments on these views. 11. As requested by SAMA and supported by the FAA and industry, we further propose that FIS be accommodated in the 136-137 MHz band. SAMA contends that locating the FIS within in the 136-137 MHz band is most appropriate. It notes that frequencies in the 136-137 MHz band are not currently being used because very few general aviation aircraft have voice radios that can tune to this band. NATA, NBAA, and ARINC/ATA all support authorization of FIS within the 136-137 MHz band. According to SAMA, most general aviation aircraft have 720-channel transceivers that tune up to 136 MHz; only the newest radios are 760-channel transceivers that also tune to the forty channels in the 136-137 MHz band. SAMA maintains that aircraft desiring to receive FIS broadcasts could purchase an FIS receiver that tunes to these frequencies only. Finally, SAMA avers that avionics manufacturers have already introduced low- cost radio receivers for FIS broadcasts for the general aviation market in anticipation of the FAA's initiation of this service. 12. Consequently, we propose to add the FIS designation to footnote US244; however, we tentatively conclude that specifying four channels for FIS in US244 is unnecessary and could curtail flexibility. In its Revised Petition, the FAA proposes that the four channels jointly selected by the FAA and industry representatives (136.425 MHz, 136.450 MHz, 136.475 MHz, and 136.500 MHz) be added to footnote US244. Three of the channels are from the ATC portion of the band and the fourth is from the AOC portion of the band. In its Petition, SAMA also proposes modifying our Rules to permit FIS on the frequencies that the FAA selects. Although both the FAA and SAMA requested that four frequencies be designated for the FIS, ARINC/ATA argues that specific FIS frequencies need not be listed in our Rules. In this connection, ARINC contends that FIS could be implemented in the 136-136.475 MHz band by adding FIS to footnote US244 and modifying 47 C.F.R.  87.137 to include the 14K0G1D emission designator. NBAA also states that further FIS studies by RTCA, Inc., should be completed and its recommendations considered before decisions are made regarding specific applications on assigned channels. In further comments, ARINC clarifies that although the FAA will make three of the ATC channels available for FIS and ARINC will make one of the AOC channels available to an FIS provider, such commitment would expire on December 31, 2004. ARINC/ATA avers that adding the FIS designation to footnote US244 rather than specifying the frequencies would fully meet FAA and SAMA's requirements while providing for future requirements. We seek comments on our tentative conclusion to add FIS but not list specific frequencies in the footnote allocation 47 C.F.R  2.106, n. US244. Finally, in their filings, both SAMA and the FAA use the term "Flight Information Service (FIS)," while ARINC/ATA use the term "Flight Information Service- Broadcast (FIS-B)." It is unclear whether these terms reflect actual and distinct characteristics and requirements or are synonymous. However, it appears that FIS-B permits user-customized data display whereas FIS is intended for uniform user presentation. We therefore seek comment clarifying whether the term "FIS" is more suitable than "FIS-B" for our Rules. B. Aviation Service Rules (47 C.F. R. Part 87). 13. To foster improved spectrum efficiencies, we also propose to amend various service and technical rules pertaining to the aviation services, 47 C.F.R. Part 87. The specific rule provisions we propose to amend are: (1) 47 C.F.R.  87.131 (Power and emissions); (2) 47 C.F.R.  87.133 (Frequency stability); (3) 47 C.F.R.  87.137 (Types of emission); (4) 47 C.F.R.  87.139 (Emission limitations); (5) 47 C.F.R.  87.173 (Frequencies) [General List]; (6) 47 C.F.R.  87.187 (Frequencies) [Aircraft Stations]; and (7) 47 C.F.R.  87.263 (Frequencies) [Aeronautical Enroute and Aeronautical Fixed Stations]. We believe that these changes would serve to promote the transition from analog voice communications to digital voice and data transmissions. NBAA contends that recent studies indicate a twenty percent per annum growth in the use of the 136-137 MHz band for data communications alone. Because aviation communications represent a vital area of public safety, and due to the increased demand by the aviation industry for radio spectrum, we wish to assist the FAA and the aviation industry as they bring aviation communications into the digital age. 14. First, we propose to amend our Rules concerning emission standards to include phase modulation data transmissions (G1D and G7D) for the 117.975-137 MHz bands. To accommodate FIS, SAMA suggests that we amend the aviation emission rules to allow not only the current A3E (double sideband amplitude modulation) but also to add F1D and/or G1D (digital frequency and phase modulation, respectively) as suggested by FAA. The FAA, in its Revised Petition, proposes to add G1D and G7D to the 117.975-137 MHz band. ARINC/ATA agree. It asserts that to meet requirements for future systems, we should permit these emissions throughout the 117.975-137 MHz band. 15. In its Petition, the FAA notes that there is a long history of spectrum congestion in the 117.975- 136 MHz band due to increasing ATC communications requirements which cause frequency assignments to grow approximately four percent a year. After several years of comprehensive study within the aviation community, RTCA, Inc., recommended implementation of a future air/ground communications system based on time division multiple access (TDMA). Parallel studies within the International Civil Aviation Organization (ICAO) reached similar conclusions. Based on these recommendations, the FAA indicates that it has decided to start replacing its current amplitude modulated air/ground voice communications system with the modern digital VHF digital link (VDL) Mode 3 system as the future air/ground communications system in the 117.975-137 MHz band. Implementation of that system is to begin by the year 2002. This new system provides four independent voice/data links on each 25 kHz radio frequency channel, and is defined by ICAO as VDL Mode 3 using TDMA transmissions. 16. Although the parties agree to add both G1D and G7D emission standards, they disagree on certain limitations. While the FAA proposes both G1D and G7D emission designators, it appears to suggest that communications within the ATC 136-136.475 MHz band be limited to VDL Mode 3 data transmissions. Noting that the frequencies in the 136-137 MHz band are currently not widely used, the FAA states that this is the ideal "sub band" to be used for transition to the new digital ATC communications system VDL Mode 3. Additionally, the FAA seeks to limit the use of the 136-137 MHz band to digital- only communications systems using ICAO standards for VDLs or systems compatible with those standards. ARINC/ATA submit that we should not place any restrictions, such as digital-only communications, on the use of the 136.5-137 MHz band that is used by civil aviation for AOC. They further state that the FIS system would use VDL Mode 2 as least initially. To accommodate future requirements, ARINC/ATA urges the FCC to permit VDL Mode 2 (14K0G1D) and VDL Mode 3 (14K0G7D) emissions throughout the 136-137 MHz band. NBAA agrees that the VDL Mode 3 system should be the eventual communications format. NBAA adds, however, that subsequent to approving the VDL Mode 3 recommendation for future systems, the industry has continued to develop standards for VDL Mode 2. According to NBAA, the VDL Mode 2 standards were developed because a transition period is necessary while VDL Mode 3 development occurs. 17. Considering the varying views expressed, we propose to allow the use of both VDL Mode 2 and VDL Mode 3 for the 117.975-137 MHz band without limitations. Specifically, we propose to add both G1D and G7D emission designators to 47 C.F.R.  87.131 (Power and emissions), 47 C.F.R.  87.133 (Frequency stability), 47 C.F.R.  87.137 (Types of emission), and 47 C.F.R.  87.139 (Emission limitations) as set forth in Appendix B hereto. We believe this approach would promote compatibility, flexibility, and efficiency while the aviation community transitions to the future digital air/ground communications system. We further believe that these proposed revisions will allow single-channel, phase modulation digital transmission (14K0G1D) to accommodate the VDL Mode 2 system of communications, needed for FIS and ARINC's system; they will also allow the FAA to implement its TDMA multiple-channel, phase modulation digital transmission (14K0G7D) for the VDL Mode 3 system of communications. We seek comments on this approach. Comments should address the standard that will meet future and current requirements. 18. Additionally, we propose to modify 47 C.F.R.  87.173 (Frequencies) [General List] to reflect the proposed realignment of frequency use of the 136-137 MHz band, and 47 C.F.R.  87.187 (Frequencies) [Aircraft Stations] to identify the four FIS frequencies and prohibit aircraft transmissions on these frequencies. The FAA, in its Revised Petition, recommends adding the four FIS frequencies to 47 C.F.R.  87.187. ARINC/ATA suggests slightly broader text regarding the FIS frequencies: it would identify the same four frequencies for one-way broadcast service (rather than FIS) and prohibit aircraft transmissions on these frequencies. Our proposal is a combination of these recommendations. We seek comments on the proposed revisions to 47 C.F.R.  87.173 and 87.187 as set forth in Appendix B hereto. 19. Finally, we propose to modify 47 C.F.R.  87.263 (Frequencies) [Aeronautical Enroute and Aeronautical Fixed Stations] regarding the six frequencies reserved for special purpose enroute services in the Gulf of Mexico. In 1990, in response to a request by American Petroleum Institute (API), we reserved these frequencies for special purpose enroute services such as "helicopter flight following systems" through December 31, 1993. To date, only two frequencies (viz., 136.750 and 136.825 MHz) have been implemented. ARINC/ATA recommends deleting this provision for all but the licensed frequencies. It contends that the rapid growth of the aeronautical enroute service throughout the Nation requires these channels to be unambiguously available. We seek comments on the proposed revisions to 47 C.F.R.  87.263 as set forth in Appendix B hereto. IV. PROCEDURAL MATTERS Ex Parte Rules -- Permit-but-Disclose Proceeding 20. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, if they are disclosed as provided in the Commission's Rules. See generally 47 C.F.R.  1.1200(a), 1.1203, 1.1206. Regulatory Flexibility Act 21. An Initial Regulatory Flexibility Analysis with respect to the Notice is included in Appendix A. Paperwork Reduction Act 22. This Notice contains either a new or modified information collection. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public to comment on the information collection contained in this Notice as required by the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and agency comments are due 60 days from date of publication of this Notice in the Federal Register. Comments should address: (a) whether the new or modified collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. These comments should be submitted to Judy Boley, Federal Communications Commission, 445 12th Street, SW, Washington, D.C. 20554, or via the Internet to . Furthermore, a copy of any such comments should be submitted to Virginia Huth, OMB Desk Officer, 725 17th Street, N.W., Room 10236 NEOB, Washington, D.C. 20503, or via the Internet to . Alternative Formats 23. Alternative formats (computer diskette, large print, audio cassette and Braille) are available from Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at . This Notice can also be downloaded at . Pleading Dates 24. Pursuant to Sections 1.415 and 1.419 of our Rules, 47 C.F.R.  1.415, 1.419, interested parties may file comments on or before July 14, 2000, and reply comments on or before August 14, 2000. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS), or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998). 25. Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to , and should include the following words in the body of the message, "get form or . FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act ("RFA"), the Commission has prepared this present Initial Regulatory Flexibility Analysis ("IRFA") of the possible significant economic impact on small entities by the policies and rules proposed in this Notice. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on this Notice provided above in paragraph 24. The Commission will send a copy of the Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration ("SBA"). See 5 U.S.C.  603(a). In addition, the Notice and IRFA will be published in the Federal Register. See id. A. Need for, and Objectives of, the Proposed Rules: 1. Increased spectrum congestion within the 117.975-136 MHz band, due to increasing air traffic control communications requirements that cause frequency assignments in this band to grow about four percent annually, compels the transition to digital communications technology. Further pressuring our aviation communications spectrum capacity is the explosive growth in data communications within the civil aviation communications spectrum band. This, combined with the FAA's role in administering the civil aviation communications spectrum, along with the public safety issues inherent with aviation communications, provides justification for our proposals in this Notice. The objective is to develop aviation communications spectrum policies for the civil aviation community while providing the FAA with the latitude it needs to meet its statutory requirements. Our proposals are aimed at being as least intrusive on the private sector as feasible, while achieving our public interest objectives. B. Legal Basis. 2. The proposed action is authorized by sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r) and 332(a)(2). C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. 3. Under the RFA, small entities may include small organizations, small businesses, and small governmental jurisdictions, or entities. 5 U.S.C.  601(6). The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." 5 U.S.C.  601(3). In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. A small business concern is one that: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Pursuant to 5 U.S.C.  601(3), the statutory definition of a small business applies "unless an agency after consultation with the Office of Advocacy of the SBA, and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register." 4. The Commission has not adopted a definition of small business specific to the Air-Ground Radiotelephone Service, which is defined in section 22.99 of the Commission's Rules. 47 C.F.R.  22.99. Accordingly, we will use the SBA's definition applicable to radiotelephone companies, i.e., an entity employing no more than 1,500 persons. There are approximately 100 licensees in the Air-Ground Radiotelephone Service, and we estimate that almost all of them qualify as "small" under the SBA definition. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. 5. No new reporting, recordkeeping, or other compliance requirements would be imposed on applicants or licensees as a result of the actions proposed in this rulemaking proceeding. E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered. 6. Throughout this Notice, we seek comment on the impact of the proposals in the Notice on small entities. F. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules. 7. None. APPENDIX B Proposed Rules Parts 2 and 87 of Title 47 of the Code of Federal Regulations are proposed to be amended as follows: 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. 2. Footnote US244 to the Table of Frequency Allocations is amended as follows:  2.106 Table of Frequency Allocations. ***** US244 The band 136.000-137.000 MHz is allocated to the non-Federal Government aeronautical mobile (R) service on a primary basis, and is subject to pertinent international treaties and agreements. The frequencies 136.000, 136.025, 136.050, 136.075, 136.100, 136.125, 136.150, 136.175, 136.200, 136.225, 136.250, 136.275, 136.300, 136.325, 136.350, 136.375, 136.400, 136.425, 136.450, and 136.475 MHz are available on a shared basis to the Federal Aviation Administration for air traffic control purposes, such as automatic weather observation stations (AWOS), automatic terminal information services (ATIS), flight information services (FIS), and airport control tower communications. Existing operational meteorological satellites in the band 136-137 MHz may continue to operate on a not-to-interfere basis to aeronautical mobile (R) stations, until January 1, 2002. No new assignments will be made to stations in the meteorological-satellite service. ***** Part 87 - AVIATION SERVICES 3. The authority citation for Part 87 continues to read as follows: AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609. 4. Section 87.131 is revised to read as follows:  87.131 Power and emissions. *** Class of station Frequency band/ frequency Authorized emission(s) Maximum power1 *** Aeronautical enroute and aeronautical fixed. *** *** VHF . *** *** A3E, A9W, G1D ... *** *** 200 watts.2 *** *** *** *** Airport control tower . VHF . A3E, G1D, G7D 50 watts. *** *** *** *** Aeronautical Frequencies Aircraft (Communication). *** *** *** *** VHF . A3E, A9W, G1D, G7D . 55 watts. *** *** *** *** *** 5. Section 87.133(a) is revised to read as follows:  87.133 Frequency stability. (a) *** Frequency band (lower limit exclusive, upper limit inclusive), and categories of stations Tolerance1 Tolerance2 *** (5) Band 108 to 137 MHz: *** *** *** *** Aeronautical stations . . 450 2012 *** *** *** Aircraft and other mobile stations in the Aviation Services. *** 505 *** 3013 *** *** 12 For emissions G1D and G7D, the tolerance is 2 parts per 106. 13 For emissions G1D and G7D, the tolerance is 5 parts per 106. ***** 6. Section 87.137(a) is amended, by adding new entries to the table, to read as follows:  87.137 Types of emission. (a) *** Class of emission Emission designator Authorized bandwidth (kilohertz) Below 50 MHz Above 50 MHz Frequency deviation *** G1D *** G7D *** *** 14K0G1D *** 14K0G7D *** *** *** 25 *** 25 *** *** ***** 7. Section 87.139 is amended, by adding paragraphs (j), (1), (2), and (3), to read as follows:  87.139 Emission limitations. ***** j (j) For VHF aeronautical stations and aircraft stations operating with G1D or G7D emissions: (1) The amount of power measured across either first adjacent 25 kHz channel shall not exceed 0 dBm. (2) The amount of power measured across either second adjacent channel share less than -25 dBm and the power measured in any other adjacent 25 kHz channels shall monotonically decrease at a rate of at least 5 dB per octave to a maximum value of -52 dBm. (3) The amount of power measured over a 16 kHz channel bandwidth centered on the first adjacent 25 kHz channel shall not exceed -20 dBm. 8. Section 87.173(b) is amended to read as follows:  87.173 Frequencies. ***** (b) Frequency table: Frequency or frequency band Subpart Class of station Remarks *** *** *** *** 136.000-136.400 MHz .. .. O, S MA, FAC, FAW Air traffic control operations; 25 kHz channel spacing. 136.425 MHz . .. .. O, S MA, FAC, FAW Air traffic control operations. 136.450 MHz ... .. O, S MA, FAC, FAW Air traffic control operations. 136.475 MHz... .. O, S MA, FAC, FAW Air traffic control operations. 136.500 MHz... .. O, S MA, FAC, FAW Domestic VHF. 136.525-136.875 MHz. . I MA, FAE Domestic VHF; 25 kHz channel spacing. 136.900 MHz ... .. I MA, FAE International and domestic VHF. 136.925 MHz... .. I MA, FAE International and domestic VHF. 136.950 MHz... .. I MA, FAE International and domestic VHF. 136.975 MHz... .. *** I *** MA, FAE *** International and domestic VHF. *** 9. Section 87.187 is amended, by adding paragraph (z)(dd), to read as follows:  87.187 Frequencies. ***** (dd) The frequencies 136.425, 136.450, 136.475, and 136.500 MHz are designated for flight information services (FIS) and may not be used by aircraft for transmission. 10. Section 87.263 is amended, by revising paragraphs (a)(1) and (a)(5), to read as follows:  87.263 Frequencies. (a) Domestic VHF service. (1) Frequencies in the 128.8125-132.125 MHz and 136.4875 -137.00 MHz bands are available to serve domestic routes, except that the frequencies 136.750 MHz and 136.825 MHz are also available to aeronautical enroute stations located at least 288 kilometers (180 miles) from the Gulf of Mexico shore line (outside the Gulf of Mexico Region). Frequency assignments are based on 25 kHz spacing. Use of these frequencies must be compatible with existing operations and must be in accordance with pertinent international treaties and agreements. ***** (5) The frequencies 136.750 MHz and 136.825 MHz are available in the Gulf of Mexico Region to serve domestic routes over the Gulf of Mexico and adjacent coastal areas. Assignment of these frequencies in the Gulf of Mexico Region shall be to licensees first licensed on this frequency in the Gulf of Mexico Region prior to January 1, 1994, their successors and assigns, and is not subject to the conditions in  87.261(c) and paragraph (a)(2) of this section. For the purpose of this paragraph, the Gulf of Mexico Region is defined as an area bounded on the east, north, and west by a line 288 km (180 miles) from the Gulf of Mexico shore line. Inland stations must be located within forty-eight kilometers (30 miles) of the Gulf of Mexico shore line. *****