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Legal Considerations for Telecommunications at Airports (2021)

Chapter: IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS

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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
×
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
×
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Suggested Citation:"IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Considerations for Telecommunications at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26366.
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12 ACRP LRD 43 because they spread quickly.47 Therefore, many radio frequency communication technologies try to operate within the same bands, which amplifies interference issues. The FCC’s spectrum allocation therefore tries to eliminate interference by reducing congestion and enforcement of non-licensed operations. Addi- tionally, the FCC requires authorization for certain equipment to ensure that it operates within appropriate bandwidth and emis- sions do not negatively impact licensed operations. Regulation and telecommunication contracts often refer to bandwidth. Bandwidth is the volume of data transmitted over an Internet connection within a given amount of time measured in megabits per second (Mbps). In terms of an FCC license, the bandwidth represents the portion of spectrum that a given communication system can use. For example, if an airport has a license to use the 150-174 megahertz (MHz) range, as discussed in the Part 90 PLMR discussion, that operator can operate with- in 24 MHz of bandwidth.48 Airports must understand band- width to choose the proper service to meet their operational needs, the demands of their customers, and the needs of their tenants and passengers. The FCC also sets standards for radio frequency emission. The National Environmental Policy Act (NEPA) of 1969 re- quires the FCC to consider human exposure to radio frequency energy emitted by the transmitters and facilities regulated by the agency.49 Standards include limits for specific absorption rates for “highly-localized, close in” exposures and maximum per- missible exposure for more distant circumstances where higher frequencies are present.50 Additionally, emission can impact a system’s interference with other licensed operations; therefore, emission requirements on license use and equipment devel- opment help to maximize the use of bands while preventing inter ference of other licensed and unlicensed users. FCC rules specify power and emission limits for transmitters, radiating antennas, and cable connectors. Most often, the FCC specifies that the emissions of this equipment should be measured in ef- fective radiated power (ERP) or equivalent isotopically radiated power (EIRP). Both ERP and EIRP represent the “product of power supplied to the antenna and the antenna gain.”51 As dis- 47 Tim Greene, What is the Internet backbone and how it works, Network World, March 12, 2020. 48 Report, Spectrum 101, https://www.nasa.gov/sites/default/files/ atoms/files/spectrum_101.pdf (last visited Nov. 7, 2020) (last visited Oct. 7, 2020). 49 47 U.S.C. §  332(c)(7)(iv) (restricting placement, construction and modification of wireless facilities on the basis of the environ- mental effects of radio frequency emissions to the extent that the wireless facilities comply with the FCC’s regulations concerning radio frequency emissions). 50 FCC Maintains Current RF Exposure Safety Standards, 34 FCC Rcd 11687, ¶ 6 (2019). 51 Guidelines, FCC Office of Engineering and Technology Laboratory Division, Guidelines for Determining the Effective Radiated Power (ERP) and Equivalent Isotopically Radiated Power (EIRP) of and RF Transmitting System, (August 7, 2015), https://apps.fcc.gov/kdb/ GetAttachment.html?id=fzlsGm%2Fe68Ymx58IAmzNbw%3D%3D &desc=412172%20D01%20Determining%20ERP%20and%20 EIRP%20v01r01&tracking_number=47469#:~:text=Many%20 market ing and billing practices, throttling and blocking, infor- mation disclosure, and data security and privacy.42 However, this regulatory authority is shifting because of changing classi- fications of service for common carriers. Section 5 of the FTC Act exempts common carriers from FTC authority,43 and, as discussed further in Chapter IV, the FCC has redefined its clas- sifications of services affecting common carrier status. As an example, in 2018 the FCC classified all broadband services as information service providers, thereby removing their Title II common carrier classification and protection from FTC en- forcement. Notably, the Ninth Circuit found that the FTC can subject common carriers to enforcement actions for their non- common carrier dealings.44 Airport operators should be cogni- zant of FTC actions dependent on their agreements with service providers and the services they agree to provide to airlines, ten- ants, and the traveling public. IV. LICENSES, OBLIGATIONS, AND AUTHORIZATIONS A. Spectrum Licensing and Its Implications The FCC licenses radio frequency spectrum, within the range of 9KHz to 275GHz, used for communication purposes by individuals, commercial operators, and public safety and health officials.45 Operating within licensed spectrum requires applying for and renewing licenses, paying applicable fees, op- erating within certain emission and bandwidth guidelines, and adhering to equipment requirements. Licenses provide author- ity to operate and protections from interference. To understand FCC spectrum licenses and usage rules, air- port operators must have a basic understanding of how commu- nication over spectrum works. Communication over spectrum occurs through the transmission and reception of electro- magnetic radio frequencies that send sound, data, and video signals.46 The equipment emits radio frequency energy within this spectrum by radiation, conduction, or other means. Each communication activity requires different equipment to send and receive the signals that travel at proper speeds for the fre- quency used and to maintain quality of the data. These emission techniques often cause interference for other systems trying to communicate within the same or nearby bands of spectrum. The spectrum licensed by the FCC encompasses a small range on the radio frequency scale but covers the optimal radio wavelengths for communication activity. Lower frequencies, for example, cannot carry as much data and require large antennas to capture the waves, whereas high frequencies have small ranges 42 FTC Staff Report, Broadband Connectivity Competition Policy, 2 (June 2007). 43 15 U.S.C. § 45(a)(1)(2). 44 FTC v. AT&T Mobility LLC, 883 F.3d 848, 863 (9th Cir. 2018). 45 Spectrum Dashboard, http://reboot.fcc.gov/reform/systems/ spectrum-dashboard/about (NTIA manages spectrum used by federal agencies). 46 See ACRP Report 127 for a more technical radio frequency discussion and an in-depth discussion of interference considerations.

ACRP LRD 43 13 quency coordinator, as certain coordinators are trained and author ized to work in specific frequencies. Frequency use in the 470-512 MHz band may use any frequency coordinator, but fre- quency use above or below that range will require a frequency coordinator designated for the specific range in question.59 The frequency coordinators recommend appropriate frequencies for Part 90 radio service uses to increase efficiency within the bands. Typically, the frequency coordinator files applications and amendments on behalf of the users, although the users can file minor changes using the FCC’s Universal Licensing System. Prior to filing, users must gather information regarding the planned PLMR operation. This includes the planned frequency, number or radios, transmitter and antenna power information, and antenna structure information. FCC Form 601 requires the operators to provide transmitter emission information. The FCC has designated emission stan- dards according to their classification and necessary bandwidth for the PLMR. Following the International Telecommunication Union designator, the user must report basic characteristics of the radio waves transmitted. This includes, in order, the modu- lation type of the main carrier, the nature of signals modulating the main carrier, and information the system transmits.60 Some operations will require the full designation of the required emis- sion. In these cases, the bandwidth for the emission will precede the symbol of that emission on the application. Emergencies or other urgent conditions may receive a Special Temporary Authority (STA) and will not require fre- quency coordination. The FCC grants STAs for a maximum of 180 days. The applicant will have to file a renewal to continue the operation. Licensees must notify the FCC when their PLMR system is constructed and operational by filing FCC Form 601.61 The construction and notification must occur within 12 months of the license grant date or the license will automatically cancel.62 The notice must be filed within 15 days of the expiration of the construction period.63 An entity may file for an extension no later than the expiration date of the license and no sooner than 90 days before its expiration. In general, when the FCC receives a complaint of PLMR inter ference from a licensee, the agency finds the source of the interference and initiates an enforcement action to end the interf ering operation. For example, an airport recently used the FCC to help resolve a PLMR interference issue because the airport did not have the necessary equipment to find the source of the interference on its own. The airport contacted a local FCC representative, who then used his available equipment to deter- mine that a local hospital’s system caused the interference. The issue was resolved without any formal proceedings being filed, however, because the hospital altered its frequency use upon notification. 59 See 47 C.F.R. §§ 90.35 and 90.175. 60 47 C.F.R. §§ 2.201 and 90.207. 61 47 C.F.R. § 1.946(d). 62 47 C.F.R. § 90.155(a). 63 47 C.F.R. § 90.155(a). cussed further in this chapter, the FCC regulates the emission rates of transmitters and gain of antennas. 1. Airports Spectrum Uses a. Part 90 Airports, airlines, and other stakeholders working in the airport environment use PLMR public safety and industrial/ business licenses.52 PLMR services are assigned individual narrow band channels at specific locations with an operat- ing radius that is coordinated through frequency coordina- tion bodies. Industrial/business licensees operate on narrow- band technology of 12.5 KHz or less on the 150-174 MHz, 421-430 MHz, 450-470 MHz, and 470-512 MHz bands.53 Pub- lic safety PLMRs operate in the 220 MHz band, 470-512 MHz, 700 MHz narrowband, 700 MHz broadband, 800 MHz band, and the 4.9 GHz and 5.9 GHz bands.54 The 470-512 MHz T band, that both industrial/business and public safety use, is shared with UHF-TV and is only available in 11 cities.55 The public safety spectrum in the T band is being auctioned in ac- cordance with the Middle Class Tax Relief and Job Creation Act of 2012.56 Any airport first responders that use this band will have their licenses reallocated. The FCC has not provided any further information regarding when reallocation may occur. PLMR operators must obtain a proper license from the FCC for their planned uses. The FCC certifies frequency coordina- tors that assist end users in identifying appropriate frequencies for their frequency use. Many applications for an industrial/ business license assignment and existing license change re- quests, or temporary operations, require a showing of frequency coordination in the application.57 This requires using a certifier to identify the most appropriate frequency for the planned use. Public safety applications have similar requirements. Entities must identify the appropriate pool for their desired use and comply with that specific frequency’s requirements.58 The FCC uses private organizations known as “frequency coordinators” to assist in managing PLMR spectrum. Depend- ing on the frequency, a user may have to contact a specific fre- FCC%20rule%20parts%20specify%20power%20and%2For%20 emission,EIRP%20or%20ERP%20from%20the%20results%20 of%20a. 52 The First Responder Network Authority (FirstNet) operates the nationwide public safety network. The FCC licenses all other public safety network channels. 53 47 C.F.R. Part 90 Subpart C. 54 FCC Public Safety Spectrum, https://www.fcc.gov/public- safety/public-safety-and-homeland-security/policy-and-licensing- division/public-safety-spectrum (last visited August 24, 2020). 55 FCC Industrial/Business Licensing, https://www.fcc.gov/ wireless/bureau-divisions/mobility-division/industrial-business/ industrial-business-licensing#:~:text=Shared%20Frequencies%20 I n d i v i d u a l s % 2 0 o r % 2 0 e n t i t i e s % 2 0 d e s i r i n g % 2 0 t o % 2 0 operate,450-470%20MHz%20band%20designated%20for%20 low%20power%20use (last visited August 25, 2020). 56 FCC, Public Safety T-Band Fact Sheet, (September 2018). 57 47 C.F.R. § 90.175; see also § 90.175(j) (listing exceptions). 58 47 C.F.R. § 90.35(b).

14 ACRP LRD 43 are distributed county-by-county through competitive bidding auctions that began in August 2020.71 Priority access licensees must meet a substantial performance requirement by the end of the initial license term and protect and accept inter ference from incumbent users; they also receive interference protection from general authorized access users. The general authorized access tier access is open and flexible to the 2550-3700 MHz band. These users must follow technical requirements; they re- ceive no protections from interference.72 d. Other Licenses Airport operators often acquire other licenses from the FCC to run various operations. Pursuing a licensed opera- tion provides protections over using unlicensed spectrum and guaranteed service levels that a cellular or broadband provider may not be able to provide for the specific circumstance. For example, one airport operator obtained a spectrum license to run a private mobile wireless operation in the event of an airfield incident.73 This license affords the airport the ability to set up an antenna at the location of the incident and provide reliable Internet service to the responders for the duration of the inci- dent. The license provides bandwidth for the operation, protec- tion from interference, and flexibility and efficiency to quickly setup the operation as needed. 2. Notification of Unlicensed Use Unauthorized use of licensed spectrum can result in com- pliance actions. Some airport operators have received Notice of Unlicensed Operations from the FCC.74 As an example. in response to a complaint, the FCC sent a Notice of Unlicensed Operation warning letter to San Francisco International Airport (SFO) in 2012.75 The FCC found a system in operation with- out a license. The FCC letter noted that SFO had a license to use the spectrum at one time, but that license had expired. In another example, an FCC agent inspection found an unlicensed Aeronautical Advisory Station in operation at Pearson Airport in Washington.76 In both cases, the notice letters from the FCC required the airports to stop their operations immediately. Each airport had ten days to respond to the FCC with evidence that their operations were licensed. Airports can file complaints with the FCC regarding interfer- ence with their systems. The FCC will then investigate and attempt to identify the source of the interference. For example, Addison Airport reported interference in its 126.0 MHz fre quency to the FCC in 2015. As a result, the FCC used direction finding methods to identify a nearby LED sign at Raising Cane’s Chicken Fingers 71 FCC Auction of Priority Access Licenses for the 3550-3650 MHz Ban, Public Notice FCC 20-18 (2020). 72 FCC 3.5 GHz Band Overview, https://www.fcc.gov/wireless/ bureau-divisions/mobility-division/35-ghz-band/35-ghz-band- overview (last visited Nov. 16, 2020). 73 See discussion of private mobile wireless in the cellular discussion within Chapter IV. 74 47 U.S.C. §§ 401, 501, 503, and 510. 75 SFO Notice of Unlicensed Operation, DN W201332960001. 76 Pearson Notice of Unlicensed Operation, DN W20163250002. b. Airfield Safety Significant spectrum is used specifically for aviation safety purposes. Part 87 of the FCC’s rules cover aircraft radio stations and ground radio stations.64 These systems operate in the 300 KHz to 30 GHz and additional bands are under consideration.65 The FCC continuously issues proposed and final orders and reports to expand aviation spectrum use given congestion and the growing need for high data transfer rates. These initiatives have come from airport or other aviation stakeholder requests for change as well as from international initiatives, or in support of FAA-led technology advancements. The FCC is currently adjudicating comments regarding AeroMACS, a broadband wireless system based on the WiMAX IEEE 802.16e standard.66 The aviation industry recently began exploring the use of AeroMACS for new data-intensive tech- nologies that support aircraft on the ground, airline and airport opera tions, and safety and security operations. AeroMACS operates in the 5000 MHz to 5030 MHz and 5091 MHz to 5150 MHz frequencies. The FAA, airlines, and airports will share these frequencies.67 The FCC has proposed a site-based licensing structure and will require FAA coordination locally.68 c. Shared Spectrum The FCC introduced the CBRS in 2015, and authorized full- scale deployment in January 2020, when SAS Administrators were appointed.69 As discussed in Chapter II, CBRS is a shared spectrum that will facilitate access to spectrum for emerging small cell technologies.70 SASs mediate access to the spectrum based on licenses in three tiers of access: incumbent, priority, and general authorized access. Incumbent users include authorized federal users, fixed satellite services, and grandfathered wire- less broadband services for a limited time. These users receive protections from harmful interference. Priority access licenses 64 See FCC Aviation Radio Services, https://www.fcc.gov/wireless/ bureau-divisions/mobility-division/aviation-radio-services (last visited August 14, 2020) (stating that aeronautical mobile services include two- way radiotelephones, radar, radionavigation, and emergency locator transmitters, and ground stations include aeronautical and fixed services and the Aeronautical Radionavigation Service). 65 See 47 C.F.R. §§ 87.173 and 87.187. 66 Comment Sought on WiMAX Forum AeroMACS Rulemaking Petition, RM-11793 (2017); FCC Proposes Changes to Rules to Promote Aviation Safety, RM: 19-140. 67 Comment Sought on WiMAX Forum AeroMACS Rulemaking Petition, RM-11793 (2017) (discussing that WiMaxx will support FAA’s NextGen efforts). 68 Id. 69 In the matter of Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, Report and Order and Second Further Notice of Proposed Rulemaking, 30 FCC Rcd 3959 (April 2015); Public Notice, GN Docket No. 15-319, DA 20-110, Wireless Telecommunication Bureau and Office of Engineering and Technology Approve Four Spectrum Access System Administrators for Full Scale Commercial Deployment in the 3.5 GHZ Band and Emphasize Licensee Compliance Obligations in the 3650-3700 MHZ Band Under Part 96, January 27, 2020. 70 See ACRP Project 03-57.

ACRP LRD 43 15 to work on new networks. Each of these Wi-Fi bands will have different data rates and network ranges. 1. Unlicensed Equipment Authorization Radio frequency equipment that airports deploy for un- licensed operations may require FCC authorization. Manufac- turers must build devices to meet certain specifications, includ- ing emission limits and restrictions on a user’s ability to alter emissions past thresholds; they must also provide use warnings in user manuals and properly label the devices. Airports should consider the responsibilities of the parties from whom they ac- quire equipment, as well as their own responsibility if they alter or build their own equipment. Devices must demonstrate compliance with the Supplier Declaration of Conformity (SDOC) or Certification.83 One or both compliance authorizations may apply depending on the capabilities of the electronic device in question. Applicable procedures for authorization under SDOC or Certification de- pend on the specific radio frequency function the equipment performs. Typically, authorization occurs before importation or marketing in the U.S.84 Altering a device from its original form may require re-authorization.85 The manufacturer or importer of the device must ensure compliance with applicable SDOC technical standards. Addi- tionally, devices must have a compliance statement included with the products’ literature that notifies consumers of their technical responsibilities and that the responsible party must be located in the United States.86 The notification must include a way to contact the manufacturer. Finally, the responsible party or any other party marketing the equipment must provide a test report and other information demonstrating compliance with the rules upon request by the FCC. SDOC requirements apply to unintentional radiators. Un- intentional radiators include devices that use digital logic or electrical signals to communicate with other equipment through wiring. Digital logic is most common today.87 These devices include wrist watches, cash registers, personal com puters, printers, telephones, wireless temperature probe receivers, and other equipment with digital logic. Transmitters that intentionally emit radio frequency energy require certification. Certification involves testing by a labora- tory accredited by the FCC and an authorization granted by a Telecommunication Certification Body. These devices include wireless microphones, wireless alarm systems, Wi-Fi trans- mitters, and Bluetooth radio devices.88 83 See, In the Matter of Amendment of Parts 0, 1, 2, 15 and 18 of the Commission’s Rules regarding Authorization of Radiofrequency Equipment, 32 FCC Rcd 8746 ¶ 15 (2017) [hereinafter FCC Updates Rules on Authorization of Radiofrequency Devices]. 84 Id. 85 47 C.F.R. § 2.909. 86 FCC Updates Rules on Authorization of Radio Frequency Devices, at ¶ 15. 87 47 C.F.R. § 15.3(z). 88 47 C.F.R. Part 15 Subparts C through F and H. that caused the interference. The FCC issued a letter that required the company to stop the LED sign operation.77 Other airports have also informally asked the FCC to inves- tigate interference. For example, as described above, recently, at the request of an airport, the FCC investigated interference to the airport’s PLMR system. The FCC identified the cause of the interference and contacted the nearby hospital to notify it of the issue, and, in response, the hospital mitigated the cause of the interference without the need for formal action. An airport has received a Notice of Violation for operating in the wrong frequency. The FCC inspected an interference com- plaint and found that Mandan Municipal Airport Authority was operating on the wrong frequency. Although the airport had a license, the frequency it used and advertised on its website was not licensed for the airport’s use. The notice required Mandan submit a written statement concerning the matter within twenty days that explained the relevant facts and circumstances, and that included a statement of actions to correct violations and a timeline for completion of the corrective actions.78 B. Unlicensed Spectrum Use The FCC permits intentional, unintentional, and incidental radiators to operate within FCC regulated spectrum without a license under FCC’s Part 15. Requirements include technical specifications, administrative requirements, and other condi- tions related to marketing these devices.79 The FCC has con- tinued to make changes to Part 15 to accommodate technology advancements and to align U.S. frequency bands with those used internationally. Unlicensed operations have no right to frequency and there- fore must not cause harmful interference to licensed operations. They must also accept interference from both licensed and non- licensed radio stations. Unlicensed operators must stop their operations when it causes interference to a licensed operation and the unlicensed operator may not resume operation until it has mitigated the interference issue. Additionally, the un licensed system operator must consider licensed operations when choos- ing frequencies and designing its system.80 These systems must operate within the appropriate power specifications.81 Most well-known unlicensed operations in airports include Wi-Fi systems. These networks operate on the 2.4 GHz, 5 GHz, and 60 GHz frequency bands. Additionally, the FCC now per- mits Wi-Fi operation on the 6 GHz frequency band.82 In April 2020, the FCC opened 1200 MHz of the 6 GHz band for un- licensed use with new Wi-Fi 6E technology. This new spectrum will reduce network congestion and increase processing speeds. Devices and routers will need Wi-Fi 6E compliant functionality 77 Pearson Notice of Unlicensed Operation, DN W20163250002. 78 Mandan Airport NOV No.: V201532800001. 79 47 C.F.R. § 15.1. 80 47 C.F.R. § 15.5. 81 47 C.F.R. § 15.24. 82 See, In the Matter of Unlicensed Use of the 6 GHz Band, Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz, Report and Order, 25 FCC Rcd 3852 (2020).

16 ACRP LRD 43 range. The FCC made this change to encourage point-to-point broadband systems that use high gain antennas. V-Band pro- vides high data rates, a low possibility for interference, and high security. These point-to-point systems may provide a viable solu- tion for airports seeking to connect multiple airport facilities. C. Service Classification When planning the procurement, licensing, or other use of a cellular, broadband, or other Internet service, airports must consider the way the FCC, the relevant regulatory agency, clas- sifies those services. Different types of service classifications bear different regulatory obligations. The advent of computer processing in communication systems led the FCC to consider whether emerging alternative communication services required different regulatory considerations from traditional telephone services. The legislative and regulatory actions that ensued have created service classifications for telecommunication and information services and similar classifications for cellular of commercial mobile and private mobile services. These statutory classifications affect services’ obligations to their customers. A brief overview of the legislative and regulatory history is helpful for context. The 1996 Telecommunication Act codified the rules set by the FCC’s Computer Inquiries Decisions that differentiated basic and enhanced services as telecommunica- tion and information services.95 These decisions from the 1970s and 1980s, addressed the FCC’s concern that common carriers could add data processing capabilities and avoid common car- rier obligations.96 These decisions distinguished basic services that provided “pure transmission” and enhanced services that added computer processing components that acted upon the content transmitted.97 The FCC determined that Title II applied to pure transmission applications that represented traditional telephone services, not to enhanced services that offered more than simple transmission. The FCC issued a series of orders from 1998 through 2018, classifying and then reclassifying broadband Internet service classifications.98 Both the FCC’s 2015 and 2018 reversal orders 95 47 U.S.C. §§ 153(24)(43) and (53) (defining: telecommunication as the transmission between user defined points of content without change in form or content of the information as sent and received; telecommunication service as the offering of a telecommunications for a fee directly to the public, or two such classes of users as to be effectively available directly to the public, regardless of facilities used (44 and 46); and information service as a capability of generating acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications). 96 In Regulatory and Policy Problems Presented by the Independence of Computer and Communications Services and Facilities, 28 FCC 2d 267, ¶¶ 2 and 8 (1971); In the Matter of Restoring Internet Freedom, FCC 17-166 ¶ 6. Citing Amendment of Section 64.702 of the Commission’s Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 420, ¶¶ 96, 97, and 114 (1980) [hereinafter Second Computer Inquiry]. 97 Second Computer Inquiry. 98 In re Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd. 24012, (1998) (classifying broadband over phone lines as telecommunications Many devices marketed today have multiple functions that require authorization under different parts. Composite authori- zation involves both certification and SDOC. It is common for mobile phones, wireless local area networking equipment, com- puters, and tablets to have composite systems. Incidental radiators, which do not intentionally use, gener- ate, or emit radio frequency energy over 9 KHz, do not require authorization. However, they still must comply with Part 15 re- quirements of good engineering judgment to minimize interfer- ence through design.89 If the system causes harmful interference, operation must cease.90 Incidental radiators include AC and DC motors, mechanical light switches, and electrical power tools. Altering antenna emissions or gain can cause interference to other licensed or unlicensed operations in nearby bands. The FCC issued numerous violations to Unlicensed National Infor- mation Infrastructure (U-NII) operators after the FAA reported harmful interference to terminal doppler weather radars. The FCC’s investigation found that most of the interference cases resulted from “illegally modified and operated [devices] at high power levels in elevated locations.” The FCC did not attribute any interference cases “to certified equipment operating proper- ly in accordance with their grant of equipment authorization.”91 2. Unlicensed Operational Concerns The FCC permits unlicensed operation of high data rate and fixed communication devices in the 5 GHz band. These U-NII operations provide wireless local area networks for businesses to include “Wi-Fi – and broadband access.”92 The wideband capability of these systems enables both fixed and mobile com- munications.93 Airports using these devices must consider the frequency the system uses, whether it is fixed or mobile, and whether the operation is indoors or outdoors to properly assess operational requirements. U-NII systems may provide an inter- esting solution for remote airports or airports trying to provide service to multiple tenant buildings. Outdoor deployments must operate under 1 watt of con- ducted power to prevent interference with incumbent systems on the 5.15-5.25 GHz U-NII-1 band. Indoor deployments of these 60 GHz systems do not have power limitations but fail to traverse barriers.94 Typically, communication companies deploy larger U-NII systems. The 60 GHz, V-Band provides high bandwidth transmissions between point-to-point fixed wireless systems for bridging and backhaul. The FCC has extended emission limits for unlicensed intentional radiators operating in the 57-64 GHz frequency 89 47 C.F.R. § 15.13. 90 47 C.F.R. § 15.5. 91 FCC Updates Rules on Authorization of Radio Frequency Devices, at ¶ 12. 92 In the Matter of Revision of Part 15 of the Commission’s Rules to Permit Unlicensed National Information Infrastructure (U-NII) Devices in the 5 GHz Band, First Report and Order, 29 FCC Rcd 4127 (2014) [hereinafter Revision of U-NII Rules]. 93 Id. 94 Revision of U-NII Rules.

ACRP LRD 43 17 Telecommunication service providers are subject to Title II common carrier regulations as specified in the Telecommuni- cation Act of 1934 and enhanced by the Telecommunications Act of 1996. These obligations originate from common carrier doctrine “that historically impose[d] a greater standard of care upon carriers who held themselves out as offering to serve the public.”106 Title II imposes requirements on service provides to ensure reasonable service, charges, and practices, limits con- tracting ability, and requires facility sharing.107 Contracts between telecommunication service providers and airports cannot restrict airports’ ability to permit other car- riers’ entry to their airports. The FCC prohibits telecommuni- cation carriers from entering exclusive contracts with property owners.108 The FCC argues exclusive contracts can create a ver- tical constraint affecting companies in two separate markets.109 The classification of telecommunication service or infor- mation service also affects states’ and localities’ authorities to regulate cellular or Internet services. The FCC’s nonregulation of information service preempts any state or municipal regu- lation.110 States and municipalities may have room to regulate tele communication services. Exceptions may apply where a state acts in its proprietary interest.111 Airports may impose restrictions or make other types of deci sions related to telecommunication or information services based on their proprietary interests. Government entities actions promote proprietary interests where governments seek “efficient procurement of needed goods and services” and have a narrow scope to address a proprietary problem, not a general policy goal.112 This may include, for example, small cell siting decisions, as further discussed in Chapter V. Airport operators may want to restrict telecommunication service providers’ access to deploy telecommunication equipment because of a proprietary interest. In T-Mobile West Corp a state university justifies campus ac- cess restrictions for carriers based on its proprietary interests.113 The university contracted with a DAS vendor to provide exclu- sive access for the deployment of DAS equipment and manage- ment of cellular services on campus. The DAS could host all wireless service providers, and the contract included incentives 106 Time Warner Telecom, Inc. v. F.C.C., 507 F.3d 205, 210 (3d Cir. 2007) (citing Nat’l Ass’n of Regulatory Utility Comm’rs v. FCC, 525 F.2d 630, 640 (D.C. Cir. 1976)). 107 47 U.S.C. §§ 201-276. 108 47 C.F.R. § 64.2500. 109 Promotion of Competitive Networks in Local Telecommunications Market et al., 15 FCC 22983, ¶ 28 (2000) [hereinafter Competitive Networks Report and Order]. 110 Charter Advanced Servs. (MN), LLC v. Lange, 903 F.3d 715, 718 (8th Cir. 2018) (citing Minnesota Pub. Utilities Comm’n v. F.C.C., 483 F.3d 570, 580 (8th Cir. 2007)). 111 Building and Construction Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc., 507 U.S. 218, 231-32 (1993). 112 T-Mobile West Corp. v. Crow, 2009 WL 5128562, 15 (D. Ariz., Dec. 17, 2009) (citing Engine Mfrs. Ass’n v. South Coast Air Quality Mgmt. Dist., 498 F.3d 1031, 1041 (9th Cir. 2007). 113 Id. were found to be reasonable statutory interpretations under a Chevron analysis.99 And the Supreme Court upheld the FCC’s interpretation of the 1996 Telecommunication Act in its 2002 cable broadband order, holding that the FCC has authority to classify various services under the act.100 In its 2018 Restoring Internet Freedom Order, the FCC classi- fied all fixed and mobile broadband Internet services as informa- tion services. The FCC found that broadband Internet services inherently offer information service capabilities by enabling users to access and retrieve files from third parties using the Internet service.101 Further, the FCC found that DNS and cach- ing provide integrated information processing capabilities.102 The FCC also found that broadband Internet services information processing was “inextricably intertwined with transmission.”103 The FCC narrowly viewed the function of broadband Internet service providers to providing access and transmissions. The addi tional functions such as voice over internet protocols results from separate applications added to devices. Telecommunications services involve “indiscriminate ser- vices to whatever public their services may legally and practical- ly be of use.”104 The FCC has long held that telecommunications services include “retail and wholesale services.”105 service.); In re Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, 17 FCC Rcd. 4798, ¶ 7 (2002) (classifying cable broadband as information services); Appropriate Framework for Broadband Access to the Internet over Wireline Facilities, 20 FCC Rcd. 14853, 14862-66 ¶¶ 12-17 (2005) (classifying wireline broadband Internet as information services); In re Appropriate Regulatory Treatment for Broadband Access to the Internet over Wireless Networks, 22 FCC Rcd. 5901 (2007) (classifying wireless broadband as information services); In re Protecting and Promoting the Open Internet, 30 FCC Rcd. 5601 (2015) (classifying broadband Internet as telecommunication services and mobile broadband as commercial mobile services); In re Restoring Internet Freedom, 33 FCC Rcd. 311, (2018) (classifying both fixed and mobile broadband Internet access service as information services and mobile broadband as a private mobile services). 99 United States Telecom Association v. FCC, 825 F.3d 674, 701- 706, 713-724 (D.C. Cir. 2016); Mozilla Corporation v. Federal Communications Commission, 940 F.3d 1, (D.C. Cir 2019). 100 National Cable & Telecommunication Ass’n v. Brand X Internet Services, 545 U.S. 967, 980-981 (2005) (upholding the FCC’s interpretation of the 1996 Telecommunications Act in determining whether broadband cable companies provide a telecommunication service. The Court likened Congresses definition of telecommunication service and information service to that of the FCC’s administrative distinction between basic and enhanced services. The Court held that Chevron applied and therefore the Ninth Circuit should have deferred to the FCC’s construction of the statute because the statute was within the agency’s jurisdiction to administer and its interpretation was reasonable.). 101 In the Matter of Restoring Internet Freedom, Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd 311 ¶ 32 (2018) [hereinafter Restoring Internet Freedom Order] (citing Stevens Report, 13 FCC Rcd at 11538, ¶ 76). 102 Id. at ¶ 33. 103 Id. at ¶ 27. 104 Compass Global, Inc., 23 FCC Rcd. 6125, ¶ 15 (2008). 105 Id.

18 ACRP LRD 43 marketed and sold to the retail mass market. Airport operators do not meet the retail mass market definition even if they charge a fee to Internet users.122 The FCC recommends that premise operators “disclose rel- evant restrictions on broadband service[s] they make available to patrons.”123 2. Cellular As described above with respect to telecommunication and information service providers, appliable statutes distinguish cel- lular services in the same manner. Congress classified cellular services as commercial mobile or private mobile services in the Omnibus Budget Reconciliation Act of 1993.124 In so doing, they expressly obligated commercial mobile services to Title II com- mon carrier regulations and exempted private mobile carriers of the same obligations.125 Commercial mobile service consists of any mobile service that provides interconnected service to the public for profit.126 As defined by statute, an interconnected service enables users to communicate with all other users on the public switched net- work.127 Private mobile service, in contrast, is a mobile service that is not a commercial service or its functional equivalent.128 The FCC’s analysis in its 2018 Internet Freedom Order classifies mobile broadband as a private mobile service because mobile broadband itself cannot connect with the North American Numbering Plan (NANP).129 In reaching that conclusion, the FCC reversed its 2015 definitions of public switched network to require NANP use when interconnecting.130 D. Signal Boosters Signal boosters enhance reception and are often used in remote sites, rural areas, or within buildings. These boosters enhance communications for first responders and operations teams, may meet code requirements, and can enhance customer experiences. Therefore, they may be useful to airport operators for a variety of reasons. The FCC views signal boosters as “am- plifiers, repeaters, boosters, distributed antenna systems, and in-building radiation systems that serve to amplify signals be- tween a device and a wireless network.”131 Airports may deploy 122 Id. at ¶ 21 Fn. 58 (defining mass market as “services marketed and sold on a standardized basis to residential customers, small businesses, and other end user customers such as schools and library”). 123 Preserving the Open Internet, at ¶ 52. 124 Pub. L. No. 103-66, § 107 Stat. 312 (1993). 125 42 U.S.C. § 332(c)(1)(2). 126 42 U.S.C. § 332(d)(1). 127 47 U.S.C. § 332(d)(1) and (2) and 47 C.F.R. § 20.3. 128 47 U.S.C. § 332(d)(3). 129 Restoring Internet Freedom Order, at ¶ 80. 130 Id. at ¶ 66. 131 In the Matter of Amendment of Parts 1, 2, 22, 24, 27, 90 and 95 of the Commission’s Rules to Improve Wireless Coverage Through the Use of Signal Boosters, Report and Order, 28 FCC Rcd 1663, ¶ 3, footnote 1 (2013). [hereinafter Use and Design of Signal Boosters Report and Order]. for added wireless carriers to join the system. The university benefited from reducing resources necessary to plan, coordi- nate, and manage contracts with multiple wireless carriers.114 Further, the university was attempting to improve cellular ser- vice on campus, avoid multiple cellular antenna deployments, and increase revenue.115 The court found that the university acted in its proprietary interest because of the resource manage- ment, property management, and revenue benefits. Further, the court found that carriers were not prohibited entry even though they could not deploy their own facility-based systems because the DAS was capable of hosting all cellular service providers and the university was not prohibited from granting another com- mon carrier to access and serve.116 1. Broadband Internet Access Services Considerations a. Obligations Airports may use broadband Internet access service pro- viders for their own communications needs or to provide ser- vices to tenants and passengers. Accordingly, airports should be aware that, in contracting for such services, broadband Internet access service providers generally must disclose network man- agement practices and commercial terms of services to enable customers’ choices in purchasing services.117 These rules and requirements recently changed, however, as the FCC’s 2018 Restoring Internet Freedom Order scaled back certain require- ments including by eliminating the frequency and detail of re- porting requirements for network management practices and additional Title II requirements. Reasonable broadband service network management prac- tices are tailored for the service in question.118 Network man- agement “includes ensuring network security and integrity, addressing traffic that is unwanted by end users (including by premise operators), and reducing or mitigating the effects of congestion on the network.”119 This rule, in the view of the FCC, incentivizes innovation and compliance by companies and pro- vides consumers a remedy through FTC unfair practice and anti trust enforcement action.120 b. Airport Provided Wi-Fi Free Wi-Fi provided to passengers by airport operators is not a broadband Internet service. The FCC has stated that it views coffee shops and private end user networks, such as libraries, that provide Internet to their customers as premise operators and not broadband Internet access services.121 This finding re- sults from the fact that, in these scenarios, the Internet is not 114 Id. 115 Id. 116 T-Mobile West Corp., 2009 WL 5128562 at 13. 117 Restoring Internet Freedom Order, at ¶ 220. 118 Id. 119 Id. at ¶ 220, FN 815, citing Open Internet Order, 25 FCC Rcd. ¶ 82. 120 Id. at ¶ 217. 121 Id. at ¶ 25.

ACRP LRD 43 19 before starting their signal booster again. There is no excep- tion to this requirement, even if the operator followed all use requirements. 137 The FCC established network protection standards to safe- guard against interference.138 For consumers, this means using compliant devices to receive authorization from a provider. End users must also operate the systems with active safeguards. Dis- abling the safeguards of altering equipment will void the autho- rization for use.139 The FCC notes that altering a signal booster’s antenna configuration can alter the device’s radio frequency effects, and therefore the system may operate outside of its intended boundaries. This may cause interference or radio fre- quency exposure concerns.140 Consumer signal boosters must be sold with antennas, cables, and coupling devices that meet the operating requirement. Similarly, consumer signal boosters may only be operated with approved accessories as specified by the manufacturer.141 Finally, the network standards include system requirements to mitigate signal boosters’ effects on Enhanced 911 (E911) loca tion accuracy. The FCC requires consumer signal boosters to automatically shut down if operating near any cellular site. Consumer signal boosters will only work in rural areas or in- doors where cellular coverage is weak or non-existent.142 Addi- tionally, systems must have oscillation detection and shutdown features to reduce interference concerns.143 2. Industrial Signal Boosters Many airport operators deploy industrial signal boosters to improve cellular, Internet, and radio reception within their facilities. The classification of industrial signal boosters covers several systems that serve multiple users simultaneously. Users deploy industrial signal boosters within large indoor and out- door areas as fixed or mobile systems. They may support one wireless carrier or multiple wireless carriers. Given the scope of their objective, industrial signal boosters often have multiple antennas, amplifiers, and other component parts and have re- mote monitoring capabilities.144 Additionally, they use greater output power and gain to service the intended users than do consumer signal boosters. Industrial signal booster users have FCC licensed frequen- cies or express consent of the licensees whose frequencies they regularly transmit. Express consent includes letters, emails, or other records.145 The FCC justifies its decision to formalize the 137 FCC Signal Booster FAQ, https://www.fcc.gov/wireless/ bureau-divisions/mobility-division/signal-boosters/signal-boosters- faq (last visited August 5, 2020). 138 Use and Design of Signal Boosters Report and Order, at ¶ 44. 139 Id. at ¶ 47. 140 Use and Design of Signal Boosters Report and Order, at ¶ 126. 141 Use and Design of Signal Boosters Report and Order, at ¶ 126. 142 Id. at ¶ 85. 143 Use and Design of Signal Boosters Report and Order, at ¶ 86. 144 Id. at ¶ 16. 145 Id. at ¶ 112. consumer or industrial signal boosters, and each has its own regulatory requirements. In 2013, the FCC issued the Use and Design of Signal Boosters Report and Order, amending the technical, opera- tional, and registration requirements for signal boosters.132 Through this Report and Order, the FCC classified two types of signal boosters, consumer and industrial. All consumer or industrial signal boosters sold or marketed within the United States had to meet the new FCC requirements by March 1, 2014.133 However as discussed below certain exceptions exist for operators to continue using pre-rule systems. 1. Consumer Signal Booster Airport operators may consider deploying a consumer sig- nal booster for cellular reception issues in smaller areas and for a small number of users. Commercial off-the-shelf consumer signal boosters improve cellular signals by extending reception areas. Consumer signal boosters can supplement coverage in fixed locations, such as within buildings, or in mobile environ- ments, like in vehicles. Airport operators may have some lim- ited uses for consumer signal booster technologies. For exam- ple, an airport operator may deploy a consumer signal booster in an office setting or a remote terminal area to enhance service for airport personnel. Airports may also find tenants using con- sumer signal boosters to increase cellular reception within their operating areas. Given the ease of use and access to these technologies, the blanket regulatory approach focuses on technical requirements of the signal booster system to prevent interference, proper label ing, licensee consent, and licensee registration.134 Users must ensure they properly install the device and receive autho- rization from their cellular carriers before operating the system. Consumer signal boosters may operate in cellular, broad- band PCS, AWS-1, and Part 90 operations.135 The FCC requires that consumer signal booster users notify and receive permis- sion from the cellular service provider whose frequencies they seek to boost. The FCC has acknowledged that de minimis use will occur as “wideband [c]onsumer [s]ignal [b]ooster use will not necessarily be limited to the purchaser of the device.”136 The FCC deems this use incidental and authorized under the pri- mary user’s agreement. This waiver does not extend to regular use by a third party. If the third party intends to use the con- sumer signal booster repeatedly, the third party must seek consent from its provider. Signal boosters cannot be operated in a way that causes inter ference to wireless networks. Because they are considered secondary users of the licensed spectrum, operators must stop their operation when notified by the FCC or any wireless pro- vider that their systems are causing interference. The operators must then cease operations and fix the causes of the interference 132 Id. 133 Id. at ¶ 6. 134 Use and Design of Signal Boosters Report and Order, at ¶ 13. 135 Id. at ¶36. 136 Id. at ¶ 48.

20 ACRP LRD 43 licensed users, apart from public safety users, whereas cellu- lar signal boosters benefit third-party subscribers. Similarly, PLMR signal boosters operate on “assigned individual narrow- band channels at specific locations,” and this is coordinated with frequency coordination bodies. Cellular industrial sig- nal boosters operate on large blocks of spectrum used across geographic areas. Finally, from a technical perspective, PLMR signal boosters use a base-mobile architecture as opposed to a subscriber-based cellular architecture. The alternative tech- nical approach results in different power, noise management, and emissions considerations.157 Licensees may use signal boosters to enhance the use of their frequency but cannot interfere with other bands. The FCC’s requirements permit signal boosters in frequency bands over 150 Mhz with limitations on power and emission.158 Addi- tionally, a licensee may not use a signal booster that extends its service area. Any non-licensee signal booster operators must have express written consent from the licensees to use their sig- nal boosters. This means that airports deploying signal boosters as non-licensees must receive consent from any licensed PLMR first responder or tenant to boost their signals.159 As with cellular-based industrial signal boosters, qualified installers must setup these systems. The system integrators and installers must consider the adverse effects of the increased noise floor on PLMR systems and establish additional emission limits to reduce the interference potential of the signal booster. PLMR licensees can operate either Class A or Class B indus- trial signal boosters. Class A signal boosters retransmit signals on one or more specific channels and have passbands that do not exceed 75 kHz. Class B signal boosters use wide frequency bands to retransmit signals and will have passbands that ex- ceed 75 kHz. The FCC only allows fixed location Class B signal boosters as the agency prohibited mobile Class B boosters in 2014. A PLMR DAS deployment may incorporate both Class A and Class B boosters and amplifiers. If a deployment incorpo- rates both Class A and Class B boosters and amplifiers, classifi- cation will depend on how it operates.160 The operation of Class B signal boosters requires an FCC registration because of interference concerns. Registration in- cludes the call sign and frequency of stations re-transmitted, operating range of the signal booster, physical location of the 157 Id. 158 47 C.F.R. § 90.219. 159 Use and Design of Signal Boosters Report and Order, at ¶ 149. 160 Id. at ¶ 157. framework based on the consumers benefit of tailored coverage and current industry signal booster coordination practices.146 Unlike commercial signal boosters, industrial signal boosters do not have to “incorporate particular interference protections features” because they own the license or have licensee consent and coordination.147 However, industrial signal boosters oper- ate on a secondary basis similar to consumer signal boosters.148 Therefore, if the industrial signal booster interferes with the consenting carrier’s frequency or a frequency of another carrier, the operator must turn off the system.149 Industrial signal boosters must have proper labeling.150 The labeling notifies consumers that using the device requires an FCC license or express consent of the licensee (Figure 3) and the impact of signal boosters on E911, an emergency response system that provides callers’ locations to 911 dispatchers.151 Industrial signal boosters must be installed by qualified in- stallers.152 However, the FCC declined to establish a certification process for industrial signal booster installers, noting the licens- ee is in the best position to assess technician qualifications.153 All signal boosters, both fixed and mobile, must comply with radio frequency exposure rules.154 The specific exposure limit will depend on the equipment authorization requirements, the type of device, how it is deployed and used, the planned power transmission, and proximity of the antenna and radiating struc- ture to a person.155 3. PLMR Signal Booster The FCC classifies PLMR signal boosters as a subset of industrial signal boosters because of the unique regulatory and technical considerations.156 PLMR signal boosters benefit 146 Id. at ¶¶ 111–113. 147 Id. at ¶ 15. 148 Signal boosters must not cause interference to other users and must accept any interference they receive from other users. If the signal booster causes interference, it must mitigate the interference or discontinue operation. 47 C.F.R. §§ 20.21 and 90.219(d)(7). 149 Use and Design of Signal Boosters Report and Order, at ¶ 113. 150 Use and Design of Signal Boosters Report and Order, at ¶ 114. 151 Id. at ¶ 123. 152 47 C.F.R. §§ 20.21 and 90.219(d)(7). 153 Use and Design of Signal Boosters Report and Order, at ¶ 116. 154 47 C.F.R. § 20.2. 155 See 47 C.F.R. §§ 1.1307(b), 2.1091, and 2.1093. 156 Use and Design of Signal Boosters Report and Order, at ¶¶ 144–145. WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC Licensee to operate this device. Unauthorized use may result in significant forfeiture penalties, including penalties in excess of $100,000 for each continuing violation. Figure 3: Labeling

ACRP LRD 43 21 2. Active UAS Defense Growing concern over unauthorized UAS use near airports has resulted in a sharpened focus on the use of jamming tech- nologies. Some active defense technologies used to counter un- authorized UAS operations use jamming technologies.166 These UAS jamming defense systems provide an interesting option for airport operators to mitigate UAS threats because they are cost effective and easy to deploy and use.167 Of note, as the date of this publication Congress has not expressly granted airports or any non-federal entity authorization to use counter-UAS de- tection and mitigation systems against UAS, notwithstanding other provisions of federal law implicated by the use of these systems.168 This includes the use of signal jamming. Congress has continued to carve out exemptions for fed- eral agencies to use or test active UAS defense systems.169 The Depart ments of Defense, Energy, Justice, and Homeland Secu- rity all have authorization to use passive and active drone defense systems. The language expressly exempts active defense systems from laws preventing jamming or interfering with radio or satellite communications.170 Each of these laws also require coordination with the FAA to assess and address any second- ary effects of these activities on the safety and efficiency of the national airspace system (NAS). Congress has granted a more limited exemption to the FAA “to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft.”171 Unlike the authorizations for the Departments of Defense, Energy, Justice, and Homeland Security, Section 44810 166 Certain limited detection capabilities may potentially be used to detect UAS signals if properly licensed. Each system’s functions, capabilities, and impacts must be analyzed in depth to determine whether its use is authorized. For example, UAS detection systems that use radar will require a radio location service license. See Joint DOJ, DOT, FCC, and DHS Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems (August 2020) https://www.faa.gov/uas/ resources/c_uas (last visited October 10, 2020) [hereinafter Joint Counter UAS Advisory]. 167 Ken Dunlap, Countering Rogue Drones 101: Part 1 – The Basics, Catalyst Go (2018), https://www.catalyst-go.com/thinkingthrough autonomy/2018/8/6/countering-rouge-drones-101-part-1-the-basics (last visited Oct. 28, 2020). 168 See Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems, available at https://www.faa.gov/uas/resources/C_ uas/media/Interagency_Legal_Advisory_on_UAS_Detection_and_ Mitigation_Technologies.pdf (last visited January 20, 2021). 169 See Joint Counter UAS Advisory (along with radio and satellite communication interference, UAS detection and mitigation systems may implicate multiple federal laws). 170 See 10 U.S.C. §  130i, 50 U.S.C. §  2661, and 6 U.S.C. §  124n (granting the respective authorities the ability to “disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.”). 171 See 49 U.S.C. § 44810. signal booster, and contact information for the individual re- sponsible for its operation.161 The PLMR registration database offers PLMR Licensees a useful resource to identify potential sources of interference. The FCC has imposed technical and operational restric- tion on PLMR signal booster designs and operations. First the radio signal boosters’ re-transmittal power must not ex- ceed 5 watts ERP. Further, the regulation specifies bandwidth thresholds for intermodulation, passband noise, and spectrum noise. Radio signal boosters may not be used to extend the normal operating range of a PLMR station. Finally, a vendor may register as the operator of a booster if it accepts full re- sponsibility for ensuring proper operation of the booster, including any rule violations.162 E. Jamming Federal law prohibits the operation of any type of jam- ming equipment that interferes with authorized radio com- munications.163 Further, local law enforcement agencies do not have independent authority to use jamming equipment. This includes jamming cellular and personal communication services (PCS), police radar, and Global Positioning Systems (GPS). Using a signal jammer can result in monetary penal- ties, seizure of equipment, and potentially criminal action.164 Airport operators may not consider jamming technologies as an Internet or cellular network management option at their facilities. This prohibition includes jamming as part of an ac- tive defense technology to detect or mitigate un authorized un- manned aircraft systems (UAS). 1. Reporting Jamming Just as airports are precluded from employing jamming tech- nology they are also protected from jamming by others. Air- ports that experience signal jamming can report it to the FCC. The FCC has provided the following tools to seek assistance for entities experience jamming: • Law Enforcement – file report with FCC enforcement Bureau’s Public Safety Interference (PSIX-ESIX) Portal (https://fccprod.servicenowservices.com/psix-esix). If the jamming provides an imminent threat to safety of life, the FCC has a 24-Hour Operations Center (202) 418-1122. • General – FCC Consumer Complaint Center (www. consummercomplaints.fcc.gov).165 161 Id. 162 47 C.F.R. § 90.219. 163 See 47 U.S.C. §§ 302a(b) and 333. 164 47 U.S.C. §§ 501 and 510; 18 U.S.C. §§1362 and 1367(a). 165 FCC Jammer Enforcement, https://www.fcc.gov/general/ jammer-enforcement#:~:text=If%20the%20jamming%20or%20 interference%20is%20imminently%20threatening,service%20 can%20occur%20for%20a%20variety%20of%20reasons (last visited August 9, 2020).

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The deployment of telecommunication systems, management of networks, and dealings with telecommunication or information service providers, airlines, other tenants, concessionaires, and passengers create multiple legal issues for airport operators.

The Airport Cooperative Highway Research Program's ACRP Legal Research Digest 43: Legal Considerations for Telecommunications at Airports examines federal requirements for various aspects of telecommunications at airports, including both current issues and those implicated by emerging trends.

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