Legal Considerations for Telecommunications at Airports (2021)

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32 ACRP LRD 43 APPENDIX – DEFINITIONS AeroMACS – is based on IEEE 802.16-2009 and is designed to improve aviation safety communications between Air Traffic Control and airline operations. Airport may also deploy systems using AeroMACS technology. AeroMACS standard is main- tained and certified by WiMAX Forum. The FAA, International Civil Aviation Organization and Radio Technical Commission for Aeronautics support AeroMACS. Backhaul – connects service locations with the network pro- viders facility. Backhaul occurs over broadband cable or wireless point-to-point networks. Bandwidth – is the range of frequencies within a band that represents the transmission capacity of a communication system. Broadband – transmission of wide bandwidth data over a high- speed Internet connection. Broadband is measured by the maxi- mum amount of data transmitted over an Internet connection in a given time. The FCC defines broadband Internet as a mini- mum of 25 Mbps download and 3 Mbps upload speeds. Common Carrier – any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate radio transmission of energy, except where refer- ence is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. 47 U.S.C. § 153(11) Distributed Antenna System (DAS) – is a network of spatially separated, low power antenna nodes connected to a common source that provides wireless service within a specific area. Effective Radiated Power (ERP) – directional radio frequency power emitted by a radio transmitter measured in watts. 47 C.F.R. § 90.7, Equivalent Isotropically Radiated Power (EIRP) – the prod- uct of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. 47 C.F.R. § 15.503. Information Service – offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utiliz- ing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or opera- tion of a telecommunications system or the management of a telecommunications service. 47 U.S.C. § 153(24). Interconnection – Direct or indirect connection through auto- matic or manual means (by wire, microwave, or other technolo- gies such as store and forward) to permit the transmission or standards in its SLAs. Accordingly, airport operators must con- sider the poten tial liabilities they may incur via network access agreements in circumstances where tenants or travelers pay to access their networks or receive unpaid network access. VII. CONCLUSION Telecommunications law and practice is changing quickly with advancing technology capabilities and consumers’ cor- responding increases in demands for bandwidth. The FCC, FAA, and FTC may continue to adapt their rules and policies to manage spectrum, ensure safe and efficient use of navigable airspace, and protect consumers respectively. Airport opera- tors must monitor the actions of these agencies to ensure their legal strategies and policies comply with the changing rules and regulations. Telecommunications in an airport environment creates many direct and indirect legal issues for airport operators. As discussed herein, airports must consider these issues to ensure that they comply with federal law, that they position their air- ports for successful telecommunication deployments, and that they benefit from revenue-generating opportunities.

ACRP LRD 43 33 Ultra-Wideband bandwidth (UWB) – frequency band bound- ed by the points that are q0 dB below the highest radiated emis- sion, as based on the complete transmission system including the antenna. 47 C.F.R. § 15.503(a). U-NII Device – Intentional radiator operating in the frequency bands 5.15-5.35 GHz, 5.470-5.85 GHz, 5.9257125 GHz that has wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for indi viduals, businesses, and institutions. 47 C.F.R. § 15.403. Unlicensed Spectrum – spectrum authorized for use without a license under the 47 C.F.R. Part 15. Users must not interfere with other telecommunications and must accept any interfer- ence they receive. Voice Over Internet Protocol – digitized voice service carried over an Internet network or networks. Wireless Local Area Network (LAN) – wireless network that links two or more computers wirelessly. reception of messages or signals to or from points in the public switched network. 47 C.F.R. § 20.3. Internet of Things (IoT) – a concept of bringing together en- abling technologies. IoT enables physical objects to see, hear, think, and perform jobs by having them share information and coordinate decisions.283 Internet Service Provider (ISP) – ISPs link users by providing raw Internet data translation and information transmission. Public Land Mobile Radio (PLMR) – person-to-person voice communication system consisting of two-way radio transceivers which can be stationary, mobile, or portable. Last Mile – the segment of telecommunications network that connects directly to a customer’s premises. Low Power Wide Area Networks (LPWAN) – an ultra-narrow- band wireless network for devices that require low bandwidth and wide geographic coverage, such as M2M communications.284 Massive Machine-Type Communications (mMTC) – small cell technology that facilitates connections to large amounts of devices. Personal Area Network (PAN) – standards used for a range of IoT scenarios. Formerly mainted by IEEE 802.15. Bluetooth’s standard is maintainted by the Bluetooth Special Interest Group (SIG). Signal Booster – a device that automatically receives, ampli- fies, and retransmits on a bi-or unidirectional basis, the signals received from base, fixed, mobile, or portable stations, with no change in frequency or authorized bandwidth. 47 C.F.R. § 20.3. Telecommunications – transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information sent and received. 47 U.S.C. § 153(50). Telecommunications Services – offering of telecommunica- tions for a fee directly to the public, or to such classes or users as to be effectively available directly to the public, regardless of facilities used. 47 U.S.C. § 153(53). Ulta-reliable and low latency communications (URLLC) – intended for applications that require high reliability and low latency to include automation, autonomous driving, and other remote applications. 283 Johanna Zmud, et al. ACRP Research Report 191: A Primer to Prepare for the Connected Airport and the Internet of Things. Transportation Research Board, Washington, DC, 2018. https://doi. org/10.17226/25299. 284 See Cisco White Paper.

ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by ELIZABETH SMITHERS, Charlotte Douglas International Airport, Charlotte, North Carolina. Members are MONICA R. HARGROVE, Metropolitan Washington Airports Authority, Washington, D.C.; JOSEPH HUBER, Cincinnati/Northern Kentucky International Airport, Cincinnati, Kentucky; D. SCOTT KNIGHT, Tampa International Airport, Tampa, Florida; SARAH MEADOWS, University of Arizona, Tucson, Arizona; and CLYDE OTIS, Post, Polak, Goodsell, and Strauchler P.A., Roseland, New Jersey. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, PABLO NUESCH provides liaison with Air- ports Council International—North America, JUSTIN BARKOWSKI provides liaison with American Association of Airport Executives, ROBERT J. SHEA provides liaison with the Transportation Research Board, and THERESIA H. SCHATZ repre- sents the ACRP staff.

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