Federal Communications Commission fcc 13-157 Before the Federal Communications Commission



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LXXXIX.ordering clauses


XC.Accordingly, IT IS ORDERED THAT, pursuant to the authority contained in sections 1, 4(i), 11, 303(r), 303(y), 308, 309, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 161, 303(r), 303(y), 308, 309, and 332, this NOTICE OF PROPOSED RULEMAKING is hereby ADOPTED.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary



APPENDIX A

Proposed Rules

Part 22 of Title 47 of the Code of Federal Regulations is amended as follows:

  1. The authority citation for Part 22 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 222, 303, 309, and 332.

  1. Section 22.925 is revised to read as follows:

§ 22.925 Airborne Operation of Mobile Devices

Devices using frequencies licensed under this subpart are prohibited from operating onboard airborne aircraft except as authorized by § 87.205, et seq.



Part 24 of Title 47 of the Code of Federal Regulations is amended as follows:

  1. The authority citation for Part 24 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309, and 332.

  1. Section 24.3 is revised to read as follows:


§ 24.3 Permissible Communications
PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited. Devices using frequencies licensed under this rule part are prohibited from operating onboard airborne aircraft except as authorized by § 87.205, et seq.
Part 27 of Title 47 of the Code of Federal Regulations is amended as follows:

  1. The authority citation for Part 27 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted.

  1. Section 27.2 is revised to read as follows:


§ 27.2 Permissible Communications
(a) Miscellaneous wireless communications services. Except as provided in paragraph (b), (d), or (e) of this section and subject to technical and other rules contained in this part, a licensee in the frequency bands specified in § 27.5 may provide any services for which its frequency bands are allocated, as set forth in the non-Federal Government column of the Table of Allocations in § 2.106 of this chapter (column 5).
(e) Devices using frequencies licensed under this rule part are prohibited from operating onboard airborne aircraft except as authorized by § 87.205, et seq.
Part 87 of Title 47 of the Code of Federal Regulations is amended as follows:


  1. The authority citation for Part 87 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 303 and 307 (e) unless otherwise noted.

  1. New sections 87.205-207 are added to read as follows

AIRBORNE MOBILE SERVICE


§ 87.205 Scope of Service


  1. Aircraft Station Licensees shall be permitted to provide mobile broadband service under this rule part subject to the following conditions:

    1. mobile broadband services shall be authorized only within aircraft cabins;

    2. mobile broadband service shall be authorized only over the frequencies designated in section 87.206;

    3. Aircraft station licensees must utilize an airborne access system that complies with the technical rules set forth in section 87.207.

    4. The Airborne Mobile Service shall be authorized only at altitudes above 3,048 meters (~10,000) feet. No transmissions shall be authorized over designated frequencies below this altitude.


§ 87.206 Frequencies

  1. The frequencies 698-757 MHz, 775-787 MHz, SMR spectrum within the bands (806-821 MHz, 851-866 MHz, 896-901 MHz, and 935-940 MHz), 824-849 MHz, 869-894 MHz, 1850-1915 MHz, 1930-1995 MHz, 1710-1755 MHz, 2000-2020 MHz, 2110-2155 MHz, 2180-2200 MHz, 2305-2320 MHz, and 2345-2360 MHz are authorized for airborne in-cabin use consistent with the requirements and 87.205, et seq.

§ 87.207 Technical Requirements

  1. Airborne access systems on licensed aircraft must:

    1. utilize only frequencies authorized in section 87.206 for the provision of Airborne Mobile Service;

    2. manage all in-cabin transmissions from mobile devices transmitting on frequencies listed in section 87.206;

    3. prevent in-cabin mobile devices transmitting on frequencies listed in section 87.206 from operating at power levels sufficient to potentially cause harmful interference to terrestrial mobile networks;

    4. ensure that each transmitting component of the airborne access system maintains minimal emissions, as measured outside the aircraft cabin, to ensure that airborne operations do not cause harmful interference to terrestrial mobile networks;

    5. otherwise comply with technical rules applicable to terrestrial base stations operating on the frequencies listed in section 87.206;

Part 90 of Title 47 of the Code of Federal Regulations is amended as follows:

  1. The authority citation for Part 90 continues to read as follows:

AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 332 (c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).

  1. Section 90.423 is revised to read as follows:

§ 90.423 Airborne Operation of Mobile Devices

Devices using frequencies licensed under this rule part are prohibited from operating onboard airborne aircraft except as authorized by § 87.205, et seq.


APPENDIX B

Initial Regulatory Flexibility Analysis


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