FCC 96-2 Federal Communications Commission Record 11 FCC Red No. 3 Before the Federal Communications Commission Washington, D.C. 20554 WT Docket No. 96-1 In the Matter of Amendment of Part 87 of the Commission's Rules to Permit Automatic Operation of Aeronautical Advisory Stations (Unicorns) RM-8495 NOTICE OF PROPOSED RULE MAKING Adopted: January 11, 1996; Released: January 29, 1996 Comment Date: March 29, 1996 Reply Comment Date: April 29, 1996 By the Commission: I. INTRODUCTION 1. In this Notice of Proposed Rulemaking ( Notice), we propose to amend the Commission's Aviation Services Rules, 47 C.F.R. Part 87, to eliminate station operator requirements and permit the operation of aeronautical ad­ visory stations (unicorns) in an unattended, automated mode.1 Allowing automated unicorn operations should in­ crease the· availability of advisory information at the na­ tion's general aviation airports and, thereby, improve the safe and efficient operation of aircraft. This proceeding was initiated by a Petition for Rulemaking filed by the Potomac Aviation Technology Corporation (PATC). 2 Additionally, we propose to make several minor changes to the Aviation Services Rules. 1 Section 87.5 of the Commission's Rules, 47 C.F.R. · § 87.5, defines unicorns as aeronautical stations used for advisory and civil defense communications primarily with private aircraft stations. 2 See Potomac Aviation Technology Corporation, Request for Rule Interpretation, November 3, 1993, treated as Petition for Rulemaking in Public Notice, July 21, 1994 (PATC Petition), and supplemental request of November 8, 1994 (PATC Request). 3 47 C.F.R. § 87.213(c). 4 Control towers provide air traffic control services to aircraft landing on, taking off from, and taxiing at an airport as well as aircraft transiting an airport's traffic area. 47 C.F.R. § 87.417(a). An RCO is an aeronautical radio station at a small uncontrolled airport located near a large airport with a control tower (a controlled airport). The RCO is connected via land lines to the control tower (or other FAA control facility), and enables the FAA to provide air traffic services to more airports and aircraft than would normally be served by the control facility alone. See, Amendment of the Aviation Services Rules (Part 87) to 1084 II. BACKGROUND 2. The unicorn service was established in 1950 to provide for air-ground communications primarily between general aviation aircraft and airport facilities. Unicom transmis­ sions are limited to the necessities of safe and expeditious operation of aircraft, including runway conditions, types of fuel available, wind conditions, weather information, dis­ patching, and other necessary safety information. Unicorns generally may not be used for air traffic control except to relay certain limited information between the pilot and the air traffic controller .3 Unicom transmissions may include, on a secondary basis, communications pertaining to the efficient portal-to-portal transit of an aircraft, such as avail­ able ground transportation, food, and lodging. Unicorns must provide impartial information concerning available ground services, and must provide service to any aircraft station upon request and without discrimination. 3. Unicorns may operate at both controlled and uncontrolled airports. Controlled airports are those that are equipped with either a control tower, a control tower remote communications outlet (RCO), or a Federal Avi­ ation Administration (FAA) flight service station (FSS).4 Unicorns at controlled airports may not transmit informa­ tion regarding runway conditions, wind, or weather during the hours of operation of the controlling facility. 5 At uncontrolled airports, unicorns are often the only available source of this type of information. The vast majority of airports in the United States are uncontrolled airports.6 4. Only one of the eight assignable unicorn frequencies may be authorized at any airport.7 At a uncontrolled air­ port, only one unicorn station may be authorized.8 At controlled airports, more than one unicorn may operate but all unicorns share a single frequency, 122.950 MHz. 5. The Commission's Rules currently do not permit the unattended, automated operation of unicorns. The rules, however, do permit the automated operation of Automatic Weather Observation Stations (AWOS) at airfields that do not have full-time control tower or FSS.9 Like unicorns, A WOS systems may provide terminal information, but only with FAA approval. Unlike unicorns, AWOS systems are relatively complex and expensive. and normally are assigned an air traffic control frequency after coordination with FAA. 10 These factors have impeded the widespread installation of A WOS at smaller airports. Provide for the Licensing of Control Tower Remote Commu­ nications Outlet Stations at Airports Without Control Towers, Order, 5 FCC Red. 4550, July 18, 1990,,, 1-2. An FAA flight service station is part of a network of 131 stations that covers all 50 states. Flight service stations provide weather briefings, in­ formation on flight facilities, and monitor the navigational radio net. John F. Welch, ed., Van Sickle's Modern Airmanship 737 p981). 47 C.F.R. § 87.213(b)(l). 6 There are currently 18,343 airports in the United States. Control towers operate at 402 of these, and are supplemented by 1,722 RCOs. There are 131 FAA Flight Service Stations. FAA Fact Book. 7 Nine frequencies are listed at 47 C.F.R. § 87.217. The fre­ quency 121.500 MHz, however, may only be used for emergency and distress. s 47 C.F.R. § 87.215(b). 9 47 C.F.R. § 87.525. 10 47 C.F.R. § 87.529. 11 FCC Red No. 3 Federal Communications Commission Record FCC 96·2 III. DISCUSSION 6. PATC has operated automated unicorn stations under a developmental license since February 5, 1994.11 PATC gescribes its automated unicorn as a computerized system that automatically transmits aviation advisory information, weather reports, and a radio check service to pilots. 12 A pilot monitoring local unicorn frequencies would receive computer generated voice instructions to operate the PATC system by "clicking" his or her radio microphone three times to request an advisory, or four times to request a radio check. ("Clicks" are generated by momentarily de­ pressing the "push to talk" button on an aircraft radio's microphone). 1 A recorded or computer-generated voice responds with the requested advisory information or a ra­ dio check. 7. PATC ·argues that automated unicorns will help to bring about an overall increase in the availability of unicorn services, thereby increasing flight safety. According to PATC, many smaller airfields are minimally staffed and cannot afford to hire full-time unicorn operators. Some do not offer any unicorn service at all, while others offer sporadic or inadequate services. Even at some controlled airfields, advisory services are not available 24 hours a day. PATC states that eliminating the need for a unicorn oper­ ator would allow automated unicorn services to become available to even the smallest airstrips on a 24-hour basis. PATC further asserts that increased access to advisory in­ formation means increased safety for the aviation commu­ nity.14 8. PATC also argues that automated unicorns will make the benefits of the unicorn service more widely available without requiring additional frequency allocations. PATC states that automated unicorns will not interfere with other communications on the unicorn frequencies because the system is engineered to monitor the assigned frequency and defer transmissions until the frequency is clear. According to PATC, automated transmissions have proved to be an efficient use of the currently available unicorn frequencies. 1s 9. We believe PATC's request has merit. Runway con­ ditions and weather information are important for safe flight operations. Advisory information pertaining to avail­ able ground services also are an important source of in­ flight information--especially for pilots approaching unfamiliar airfields. Radio checks verify the proper opera­ tion of what is often a pilot's lifeline: his or her radio. We believe that automatic transmission of the aviation advisory information could make these services available at more airfields, and provide increased service. 10. We remain sensitive, however, to the potential for increased congestion on the often crowded unicorn fre­ quencies, particularly at airports near large urban areas which are characteristically surrounded by many busy air­ ports. This typically results in a very heavy usage of the relatively few unicorn frequencies during peak airport hours of operation. At present, unicorn station operators 11 PATC operates automated unicorns at Potomac Airfield (Maryland), Bay Bridge Airport (Maryland), Chesapeake Tide­ water Airport (Virginia), Barre-Montpelier Airport (Vermont), Lebanon Municipal Airport (Tennessee), and Reelfoot Lake Air­ port (Tennessee). 2 PATC Request at 5. 1085 are able to mitigate the effects of frequency congestion. Automated unicorns also must operate efficiently and avoid causing congestion on unicorn frequencies. 11. Therefore, we propose to require that automated unicorn stations are specifically programmed and config­ ured to mitigate frequency congestion and efficiently use scarce spectrum. First, in order to reduce the likelihood that automated unicorn transmissions will interfere with on-going communications, we propose to require that auto­ mated unicorns monitor the assigned frequency prior to transmission, and transmit only after there is no detectable signal on the frequency for a period of at least three seconds. Second, we propose to require that automated unicorns transmit only in response to brief keyed RF sig­ nals (microphone clicks). This avoids random and continu­ ous transmissions, while permitting automated unicorns to respond to pilots' requests for advisory information. Third, we propose to require that automated unicorn transmis­ sions include the date and time of the most recent update. We believe this "time stamp" assists ~ilots in evaluating the validity of the information received. 6 Fourth, we propose that automated unicorns must automatically shut down after three minutes of continuous transmission. This pro­ posal will prevent inadvertent continuous transmissions, while providing sufficient time for transmission of advisory information. 12. Finally, we propose to permit only one automated unicorn to operate at airports where more than one unicorn may be licensed (i.e., at controlled airports). More than one automated unicorn at an airport would increase the potential for harmful interference, and provide no additional benefit for safe and efficient aircraft operations. Further, to encourage cooperation and to provide notice to all unicorn licensees, we propose to require that, prior to the operation of an automated unicorn at a controlled airport, all licensees must sign an agreement stating which licensee(s) will control the automated unicorn operation, and, if control is to be shared among several operators, how that control will be divided or scheduled. IV. CONCLUSION 13. The proposed amendments to Part 87 of the rules to eliminate the station operator requirement, and to autho­ rize the operation of automated unicorns are set forth below in Appendix B. We request comments regarding these proposed amendments. Additionally, we specifically request that commenters address the following issues. a) The proposed rules require that automated unicorns determine whether the frequency is in use prior to trans­ mitting. A period of at least three-seconds with no detect­ able signal is proposed to determine that the frequency is not in use. Is this proposal sufficient to avoid interference by automated stations? Should this period be extended? Should another method be used to determine whether the frequency is in use? 13 Currentlly, radio clicks may only be used to switch on airfield runway lights. 47 C.F.R. § 87.187(y). 14 PATC Request at 7. IS PATC Request at 5. 16 Automatic weather observation stations have a similar re­ quirement. See, 47 C.F.R. 87.525. FCC 96-2 Federal Communications Commission Record 11 FCC Red No. 3 b) The proposed rules require that automated unicorns only transmit in response to brief keyed RF signals (i.e., microphone clicks from an aircraft station). Should we authorize other methods of activating an automated unicorn? Is the proposal compatible with current methods of activating airport lighting systems as outlined in FAA Advisory Circular 150/5340, "Air-to-Ground Radio Control of Airport Lighting Systems?" c) The proposal requires automated unicorns to shut down after three minutes of continuous transmission. Is this limitation sufficient to prevent interference due to unintended operation? Is it adequate to allow for transmisssion of necessary advisory information? d) The proposed rules do not include measures to pre­ vent the repetitive transmission of advisories during con­ gested periods. For example, the rules could limit transmissions to no more than two advisories per ten minute period. Should the Commission limit the number of advisories in a given period? If so, what would be a reasonable limitation? e) The proposal permits only one automated unicorn at controlled airports (where more than one unicorn may be licensed). Further, all unicorn licensees at controlled air­ ports must sign an agreement regarding automated unicorn operations prior to any licensee commencing such auto­ mated operations. Is it necessary to limit the number of automated unicorns that may operate at controlled air­ ports? If so, is it necessary that all licensees sign an agree­ ment regarding prior to such operations? Should the agreement be kept with the licensees' station records, as proposed, or should it be submitted to the Commission? 14. In addition, we propose to amend Subparts S and 0 of Part 87 of the Commission's rules, 47 C.F.R. Part 87 Subparts S and 0, in order to update these sections in accordance with current FAA practices. We propose to expand Subpart S to permit Automatic Surface Observation Stations (ASOS) in addition to the Automatic Weather Observation Stations (A WOS) already permitted. SOS Both types of stations provide weather information to pilots, but are administered by different organizations. The AWOS system is administered by the FAA. while the ASOS system . is administered by the National Weather Service. Further, we propose to eliminate the requirement to provide a written statement from the appropriate FAA Regional Of­ fice with an application for an RCO authoriZa.tion. Finally, we propose to make a non-substantive editorial amendment in 47 C.F.R. § 87.187(y)(4). V. PROCEDURAL MATTERS 15. An Initial Regulatory Flexibility Analysis and an Initial Paperwork Reduction Act of 1995 Analysis are con­ tained in Appendix A to this Notice. 16. Accordingly, we adopt this Notice under the author­ ity contained in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended. 47 U.S.C. §§ 154(i) and 303(r). Pursuant to applicable procedures set forth in the Commission's Rules, 47 C.F.R. Sections 1.415 and 1.419, interested persons may file comments on or before March 29, 1996 and may file reply comments on or before April 29, 1996. To file formally in this proceeding, you must file an original and four copies of all comments, reply comments, and supporting comments. If you want each Commissioner to receive a personal copy of your comments, you should file an original and nine copies. 1086 You should send your comments and reply comments to Office of the Secretary, Federal Communications Commis­ sion, Washington, D.C. 20554. Comments and reply com­ ments will be available for public inspection during regular business hours in the Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. 17. Written comments by the public on the proposed and/or modified information collections are due March 29, 1996. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed and/or modified information collections on or before 60 days after date of publication in the Federal Register. In addition to filing comments with the Secretary, a copy of any com­ ments on the information collections contained herein should be submitted to Dorothy Conway, Federal Commu­ nications Commission, Room 234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to dconway@fcc.gov and to Timothy Fain, OMB Desk Of­ ficer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 20503 or via the Internet to fain _t@al.eop.gov. 18. This is a non-restricted notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in Commission rules. See gen­ erally 47 C.F.R. §§ 1.1202, 1.1203, and l.206(a). 19. For further information, contact Roger Noel or Jim Schulz, Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M Street, NW, mail stop 1700C2, Washington, DC 20554; telephone (202) 418-0680. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A INITIAL REGULATORY FLEXIBILITY ANALYSIS 1. As required by Section 603 of the Regulatory Flexibil­ ity Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the proposals contained in this Notice. We request written public comment on the IRFA, which fol­ lows. Comments must have a separate and distinct heading designating them as responses to the IRFA and must be filed by the deadlines provided in paragraph 16, supra. The Secretary shall send a copy of this Notice, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603 (a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. §§ 601-612 (1981). 11 FCC Red No. 3 Federal Communications Commission Record FCC 96·2 A. Reason for Action 2. The Commission proposes to permit the automated operation of Aeronautical Advisory (Unicom) Stations. B. Objectives 3. The Commission seeks to improve unicorn service availability without allocating new spectrum to the service or causing an increase in congestion on the unicorn fre­ quencies. C. Legal Basis 4. The proposed action is authorized under Sections 4(i) and 303(r) of the Communications Act, 47 U.S.C. §§ 154(i) and 303(r). D. Reporting, Recordkeeping and Other Compliance Re· quirements 5. Our proposed addition of 47 C.F.R. § 87.219 would require all unicorn licensees at airports having more than one unicorn to sign an agreement, prior to the operation of an automated unicorn, stating the name(s) of the licensee(s) who will control the automatic unicorn and, if applicable, how control of the automatic unicorn will be divided. E. Federal Rules Which Overlap, Duplicate or Conflict with These Rules 6. None. F. Description, Potential Impact, and Small Entities In· volved 7. Permitting the operation of automated unicorn stations will make aviation advisory information more widely avail­ able to aircraft operating at small airports, and improve safe and efficient operation of aircraft at such airports. The proposed rules do not place any additional burdens on small entities. G. Any Significant Alternatives Minimizing the Impact on Small Entities Consistent with the Stated Objectives 8. None. INITIAL PAPERWORK REDUCTION ACT OF 1995 ANALYSIS This Notice contains either a proposed or modified in­ formation collection. As part of its continuing effort to reduce paperwork burdens, we invite the general public and the Office of Management and Budget (OMB) to take this opportunity to comment on the information collec­ tions contained in this Notice, -as required by the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and agency comments are due at the same time as other comments on this Notice; OMB comments are due 60 days from date of publication of this Notice in the Federal Register. Comments should address: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical util­ ity; (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 bur­ den of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. 1087 APPENDIX B PROPOSED RULES Chapter I of Title 47 of the Code of Federal Regulations, Part 87, is proposed to be amended as follows: Part 87 • Aviation Services 1. The authority citation for Part 87 continues to read as follows: AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301·609. 2. Section 87.5 is amended by revising the definition of "automatic weather observation station" to read as follows: § 87.5 Definitions. * * * * * Automatic weather observation station (A WOS) or auto­ matic surface observation station (ASOS). A land station located at an airport and used to automatically transmit weather information to aircraft. * * * * * 3. Section 87.187 is amended by rev1smg paragraph (y) introductory text and the first sentence in paragraph (y)(4) to read as follows: § 87.187 Frequencies. * * * * * (y) Brief keyed RF signals (keying the transmitter by momentarily depressing the microphone "push-to-talk" button) may be transmitted from aircraft for the control of automated unicorns on the unicorn frequencies listed in paragraph (y)(3) of this section, or for the control of airport lights on the following frequencies: * * * * * (4) Aviation support station frequencies listed in § 87.323(b): * * * * * 4. A new Section 87.219 is added to Subpart G to read as follows: § 87.219 Automatic operations. (a) A station operator need not be present when an automated unicorn is in operation. (b) In addition to the requirements applicable to non­ automated unicorn operations, unicorns operating in an automated mode must: ( 1) Monitor the unicorn frequency prior to transmission, and transmit only when no detectable signals are received for at least three seconds; (2) Transmit only in response to brief keyed RF signals from aircraft stations as specified in § 87.187(y); (3) Automatically shut down after three minutes of con­ tinuous transmission. FCC 96-2 Federal Communications Commission Record 11 FCC Red No. 3 (c) Automated advisory transmissions must be as brief as possible, and must include the time and date of the advi­ sory message's last update in each transmission. (d) Only one automated unicorn may be operated at an airport. Prior to the operation of an automated unicorn at an airport with more than one unicorn licensee, all of the licensees at that airport must sign a letter of agreement stating which licensee(s) control the automated unicorn operations, and, if control is to be shared among several operators, how that control will be divided or scheduled. The original or a copy of the letter of agreement must be kept with each licensees' station records. Within 90 days of the date upon which a new unicorn operator is licensed at an airport where more than one unicorn is authorized, and an automated unicorn is being operated, an amended letter of agreement that includes the new licensee's signature must be signed or automated unicorn operations must cease. 5. Section 87.419 is revised to read as follows: § 87.419 Supplemental eligibility. Only one control tower or RCO will be licensed at an airport. 6. Subpart S is amended by revising the heading to read as follows: Subpart S ·Automatic Weather Stations (AWOS/ASOS) 7. Section 87.525 is revised to read as follows: § 87 .525 Scope of service. Automatic weather observation stations (A WOS) and automatic surface observation stations (ASOS) must pro· vide up-to-date weather information including the time of the latest weather sequence, altimeter setting, wind speed and direction, dew point, temperature, visability and other pertinent data needed at airports having neither a full-time control tower nor a full-time FAA Flight Service Station. When a licensee has entered into an agreement with the FAA, an AWOS or an ASOS may also operate as an automatic terminal information station (ATIS) during the control .tower's operating hours. 8. Section 87.527 is amended by revising the first sen­ tence of paragraph (b) and paragraph (c) to read as follows: § 87 .527 Supplemental eligibility. * * * * * (b) Eligibility for an AWOS, an ASOS, or an ATIS is limited to the owner or operator of an airport or to a person who has entered into a written agreement with the owner or operator for exclusive rights to operate and main­ tain the station. Where applicable a copy of the agreement between the applicant and owner or operator of the airport must be submitted with an application.* * * (c) Only one AWOS, ASOS, or ATIS will be licensed at an airport. 9. Section 87 .529 is amended by revising the fourth and fifth sentences to read as follows: § 87 .529 Frequencies. * * * Normally, frequencies available for air .traffic con­ trol operations set forth in subpart E will be assigned to an AWOS, ASOS, or to an ATIS. When a licensee has entered 1088 into an agreement with the FAA to operate the same station as both an A WOS and as an A TIS, or as an ASOS and an A TIS, the same frequency will be used in both modes of operation.