Sec.  22.875   Commercial aviation air-ground system application requirements.

   

   Link to an amendment published at  70 FR 19311 , Apr. 13, 2005.

   Existing and prospective common carriers may file applications for
   authority to construct and operate a new nationwide air-ground system
   on the channels listed in Sec. 22.857 only during window filing periods
   that may be announced by the FCC in Public Notices. In addition to the
   requirements elsewhere in this part, such applications must contain
   the following exhibits:

   (a) Written agreement. A signed agreement between the applicant and at
   least one airline or airline organization, authorizing the applicant
   to provide air-ground service on its aircraft.

   (b) Financial qualifications. At the time of filing its application an
   applicant must demonstrate that it has either a firm financial
   commitment or available financial resources necessary to construct 50
   ground stations and operate for one year after initiation of
   nationwide air-ground service its proposed air-ground system.

   (1) The demonstration of commitment must include and be sufficient to
   cover the realistic and prudent estimated costs of construction of 50
   ground stations, operation and other initial expenses for one year
   after initiation of nationwide air-ground service. The estimated
   costs, operation costs and other initial expenses must be itemized.
   The estimated costs must include the anticipated costs of construction
   of each ground station.

   (2) The firm financial commitment required above must be obtained from
   a state or federally chartered bank or savings and loan association,
   or the financial affiliate or subsidiary of an equipment supplier, and
   must contain a statement that the lender:

   (i) Has examined the financial condition of the applicant including
   audited financial statements, and has determined that the applicant is
   credit worthy;

   (ii) That the lender is committed to providing a sum certain to the
   particular applicant;

   (iii) That the lender's willingness to enter into the commitment is
   based solely on its relationship with the applicant; and

   (iv) That the commitment is not in any way guaranteed by any entity
   other than the applicant.

   (3) Applicants intending to rely on personal or internal resources
   must submit:

   (i) Audited financial statements certified within one year of the date
   of the application, indicating the availability of sufficient net
   liquid assets to construct and operate the proposed air-ground system
   for one year.

   (A) The auditors must be certified public accountants.

   (B) Net liquid assets is considered to be the excess of current assets
   (readily converted to cash) over current liabilities. In order to
   demonstrate ready convertibility into cash, the identity, liquidity
   and value of listed assets must be demonstrated. Non-liquid assets can
   be relied on if the marketability of those assets is documented.

   (ii) An audited balance sheet, current within 60 days of filing, which
   clearly shows the continued availability of sufficient net liquid
   assets to construct and operate the proposed air-ground system for one
   year after nationwide service begins.

   (c) Service Plan. A service plan containing:

   (1) A map or other description of the planned geographic coverage
   area, including air space over the continental United States, Alaska,
   Hawaii and other United States territories.

   (2) A schedule for construction of 50 ground stations and provision of
   nationwide service to subscribers within 5 years from the grant of the
   initial authorization.

   (3) A description of how the system will interconnect with the
   landline telephone network and be integrated with other air-ground
   systems, including a statement as to whether the system will be
   interconnected with international air-ground systems.

   (d) Technical Exhibit. A technical description of the proposed system
   demonstrating compliance with all applicable technical requirements
   and describing how the proposed system would operate, if authorized.
   This exhibit must provide the following information:

   (1) The number of ground stations to be used, their locations, and the
   type and quantity of equipment proposed for the system;

   (2) A complete description of the procedures and data protocols to be
   used on the control channel;

   (3) The modulation types to be used and their spectral
   characteristics;

   (4) The effective radiated power and transmitter peak envelope power
   for all transmitters at each ground station location, and the
   effective radiated power of the airborne mobile stations;

   (5) Antenna information as follows:

   (i) For airborne mobile stations, the antenna type(s) to be used;

   (ii) For ground stations, vertical and horizontal radiation patterns,
   antenna heights above ground level, antenna support structure heights
   above ground level, ground elevation above mean sea level and any
   relevant information (e.g. FAA approval) that may be helpful in
   determining whether ground station antennas require marking and
   lighting;

   (6) Analytical data, including calculations, of potential interference
   within and without the spectrum for the air-ground system;

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  63 FR 68951 , Dec. 14, 1998]