******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) HONEYWELL, INC. COMMERCIAL ) FLIGHT SYSTEMS GROUP ) ) Request for Waiver of Section 87.173(b)) of the Commission's Rules Governing) Assignable Carrier Frequencies ) in the Aviation Services ) ORDER Adopted: June 17, 1998 Released: June 17, 1988 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau I. INTRODUCTION 1. Under consideration is a Request for Waiver filed April 1, 1998, by Honeywell, Inc. Commercial Flight Systems Group, Business and Commuter Aviation Systems Division (Honeywell), seeking waiver of Section 87.173(b) of the Commission's Rules. In its waiver request, Honeywell seeks the type acceptance of a VHF aircraft transceiver that can transmit on both the 25-kHz spaced channels currently authorized in Section 87.173(b) of the Commission's Rules and on 8.33-kHz spaced channels that will be used in certain countries in Europe and in the United Kingdom in 1999. For the reasons outlined herein, we grant the requested waiver regarding type acceptance of Honeywell's transceiver with 25 kHz and 8.33 kHz channel spacing (dual spacing transceiver). 2. We note, however, that this Order does not authorize aircraft to transmit on 8.33-kHz spaced channels within airspace of the United States, its territories or the Commonwealth of Puerto Rico, but is limited to permitting type acceptance of a certain transceiver capable of transmitting on the 8.33-kHz spaced Aeronautical Mobile Service (AMS) channels used in certain other countries. II. BACKGROUND 3. In March of 1997, the International Civil Aviation Organization (ICAO), an international body operating under the auspices of the United Nations, amended its International Standards and Recommended Practices to incorporate a channel plan specifying 8.33 kHz channel spacings in the AMS. The 8.33 kHz channel plan was adopted to alleviate the shortage of VHF Air Traffic Control (ATC) channels experienced in western Europe and in the United Kingdom. Seven western European countries and the United Kingdom are scheduled to implement the 8.33 kHz channel plan on January 1, 1999. Accordingly, aircraft operating in the airspace of these countries must have the capability of transmitting and receiving on the 8.33-kHz spaced channels. 4. Section 87.39 of the Commission's Rules requires: (1) that U.S. registered aircraft employ type accepted radios; and (2) that to be type accepted, aircraft radios must meet the technical requirements of Subpart D of Part 87 of the Commission's Rules. Subpart D of Part 87 contains a list of "assignable carrier frequencies or frequency bands" and includes carrier frequencies in the VHF aircraft band used for ATC communications (117.975 MHz to 136.975 MHz). The listed frequencies are based on 25 kHz spacing. There is no provision in the Commission's Rules for operating on 8.33-kHz spaced channels as envisioned by the ICAO channel plan. Accordingly, type acceptance of the dual spacing transceiver, as requested by Honeywell may not be obtained absent a waiver of Section 87.173(b). On February 11, 1998, the Commission granted Rockwell Collins, Inc. a waiver of Section 87.173(b) similar to that requested here. III. DISCUSSION 5. Section 1.3 of the Commission's Rules permits waiver of any rule provision for good cause shown. We find that Honeywell has made the requisite showing. In that connection, Honeywell points out that the installation of a separate 8.33-kHz spaced transceiver solely for operations in European airspace could compromise efficiency, cost effectiveness and safety. As we noted in the Rockwell Order, aircraft must have the capability of communicating reliably with ground stations as directed, and on the frequencies specified, by air traffic controllers. This capability could be impaired if United States registered aircraft were unable to communicate effectively with ATC facilities in certain European countries beginning in 1999 on 8.33-kHz spaced channels. Accordingly, in the interest of air safety and operational efficiency, we issued the Rockwell Order allowing type acceptance of Rockwell's dual spacing transceivers. We believe the same factors warranting a waiver in the Rockwell context are present in the instant waiver request by Honeywell. Thus, we conclude that Honeywell has shown good cause for waiver of Section 87.173(b) of the Commission's Rules to permit type acceptance of its dual spacing transceiver, FCC Identification Number GB8RCZ-833E. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 4(i) and 303(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(i), and Section 1.3 of the Commission's Rules, 47 C.F.R.  1.3, that the Request for Waiver of Section 87.173(b) filed by Honeywell, Inc. Commercial Flight Systems Group IS GRANTED. 7. IT IS FURTHER ORDERED that Section 87.173(b) of the Rules, 47 C.F.R.  87. 173(b), IS WAIVED to the extent necessary to permit type acceptance of Honeywell's dual spacing transceiver with FCC Identification Number GB8RCZ-833E. 8. IT IS FURTHER ORDERED that, except for having the capability to transmit on 8.33-kHz spaced channels outside of U.S. airspace, the dual spacing transceiver listed supra shall conform in all other respects to applicable provisions of Part 2, Subpart J of the Commission's Rules governing the type acceptance process and to applicable provisions of Part 87 of the Commission's Rules governing aviation services. 9. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry, Chief Public Safety and Private Wireless Division Wireless Telecommunications Bureau J:\wilhelm\misc\honey2.wvr