2. The National Telecommunications and Information Administration (NTIA), supported by the FAA, filed a petition for rulemaking requesting that the Commission amend part 87 of the Commission's rules to allow use of frequency 1090 MHz for tracking of ground vehicle movements on the airport surface. See Petition for Rulemaking of the National Telecommunications and Information Administration (July 29, 2008). In the Notice of Proposed Rulemaking and Order (NPRM), the Commission noted that the frequency 1090 MHz is currently used for ASDE-X to manage the movement of aircraft on airport surfaces and for other things, such as the Traffic Alert and Collision Avoidance System (TCAS), /1/ but tentatively concluded that permitting use of the frequency by vehicle squitters would further the public interest. See NPRM, 25 FCC Rcd at 3356 paras. 6-7.
FOOTNOTE 1 TCAS is an airborne warning system designed to avert mid-air collisions. See Review of part 87 of the Commission's Rules Concerning the Aviation Radio Service, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 01-289, 18 FCC Rcd 21432, 21467 n.265 (2003) (Part 87 Report and Order). In the Part 87 Report and Order, the Commission adopted a proposal to permit ground testing of TCAS on frequency 1090 MHz, and amended SEC 87.475(c)(2) of the rules, 47 CFR 87.475(c)(2), accordingly. See Part 87 Report and Order, 18 FCC Rcd at 21467 para. 74. When it amended SEC 87.475(c)(2) later in that proceeding, however, the Commission inadvertently removed the language authorizing ground testing of TCAS on 1090 MHz. See Review of Part 87 of the Commission's Rules Concerning the Aviation Radio Service, Second Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 01-289, 21 FCC Rcd 11582, 11587-88 para. 6 (2006) (Part 87 Second Report and Order). In the NPRM in this proceeding, the Commission proposed to correct that error by amending SEC 87.475(c)(2) to restore the deleted language. See NPRM, 25 FCC Rcd at 3357 n.13. We now adopt the proposed correction. END FOOTNOTE
3. Accordingly, the Commission sought comment on proposed technical and service rules for vehicle squitters on frequency 1090 MHz. See NPRM, 25 FCC Rcd at 3357 paras. 9-14. The NPRM sought comment on whether the Commission should limit operation of vehicle squitters to the runway movement area to prevent use of the system for purposes other than vehicle and aircraft safety (such as tracking baggage carts). See NPRM, 25 FCC Rcd at 3357 paras. 12. The NPRM also tentatively agreed with NTIA's proposal that the Commission coordinate applications with the FAA through the Interdepartment Radio Advisory Committee (IRAC), and it sought comment on whether the Commission should require applicants to pre-coordinate with the relevant FAA Regional Office before filing an application with the Commission. See NPRM, 25 FCC Rcd at 3357 para. 13.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
4. This document contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Specifically, it requires prospective DLT station licensees to coordinate their applications with ASRI, the aeronautical enroute station licensee. It will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. In the present document, we have assessed the effects of requiring coordination of DLT applications with ASRI and find that this will avoid interference to safety-related aeronautical enroute communications without having a significant impact on small business concerns with fewer than 25 employees. Coordination with ASRI should not be more burdensome than coordination with the FAA, which is required for analogous RLT applications.