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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 ) ) Rockwell Collins, Inc. ) Request for Waiver of Section 87.173 of the ) Commission's Rules Governing Assignable) Carrier Frequencies in the Aviation Services ) ORDER Adopted: February 11, 1998 Released: February 11, 1998 By the Acting Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau I. INTRODUCTION 1. We have before us a Request for Waiver filed November 4, 1997, by Rockwell Collins, Inc. (Rockwell), seeking waiver of Section 87.173(b) of the Commission's Rules. Rockwell requests the type acceptance of VHF aircraft transceivers that have the capability of transmitting on both the 25-kHz spaced channels currently authorized by the FCC and on 8.33-kHz spaced channels, that will be used in certain countries in Europe and in the United Kingdom in 1999. In addition, Rockwell requests a "blanket" waiver applicable to any future Rockwell transceiver having 25 kHz/8.33 kHz channel spacing capability (dual spacing transceiver). For the reasons outlined herein, we grant the requested waiver regarding type acceptance of dual spacing transceivers. 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 certain transceivers 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). We note that the listed frequencies are based on 25 kHz spacing. Moreover, 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 transceivers submitted by Rockwell may not be obtained without a waiver of Section 87.173(b). III. DISCUSSION 5. Section 1.3 of the Commission's Rules permits waiver of any rule provision for good cause shown. We find that Rockwell has made the requisite showing. As an initial matter, we recognize that aircraft must have the capability of communicating reliably with ground stations as directed, and on the frequencies specified, by the air traffic controller. If a United States registered aircraft equipped only with 25 kHz channel spaced radio transceivers entered European airspace and was directed to tune to an 8.33- kHz spaced channel, the aircraft's crew might be unable to communicate with the air traffic controller. Such an inability to communicate reliably would possibly adversely affect air safety. Therefore, to mitigate frequency congestion and consequent impairment of reliable ATC communications, certain European administrations have determined that safe and efficient ATC operations require a transition to 8.33-kHz spaced channels in their regions. Denying Rockwell type certification of equipment capable of operating in an 8.33 kHz ATC environment could compromise those safety and efficiency goals. Moreover, we share Rockwell's concerns about the efficiency, cost-effectiveness and overall safety associated with an approach of requiring U.S. aircraft to carry two types of VHF receivers, one capable of operating on 25-kHz spaced channels and the other on 8.33-kHz spaced channels. 6. After reviewing Rockwell's waiver request, we find that good cause has been shown for waiver of Section 87.173(b) of the Commission's Rules. First, we note that without the capability to transmit on 8.33-kHz spaced channels, U.S. registered aircraft would be unable to communicate effectively with ATC facilities in certain European countries beginning in 1999. Second, we note the FAA's and the industry's apparent recognition of the need for U.S. registered aircraft to continue operations in the airspace of the implementing European countries. Thus, we conclude that the public interest will be served by waiving Section 87.173(b) to permit the type acceptance of the specific models of dual spacing transceivers, infra, for use by U.S. registered aircraft in countries employing 8.33 kHz spaced AMS channels. We note that our action here does not constitute authorization for aeronautical use of any frequencies not listed in Section 87.173(b) within United States' airspace. 7. We, however, deny Rockwell's request for a "blanket" waiver for type acceptance of future Rockwell dual spacing transceivers. We believe that the request effectively seeks a permanent categorical waiver of the Commission's Rules. Such a waiver would constitute a de facto rule amendment which would exceed our delegated authority. Accordingly, the end which Rockwell seeks in requesting a blanket waiver of the Commission's Rules would be better accomplished by Rockwell, or any other interested party, submitting a petition for rule making suggesting amendments to the Commission's Rules which would best accommodate manufacture, installation and operation of dual spacing transceivers. IV. ORDERING CLAUSES 8. 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 Rockwell Collins, Inc., IS GRANTED to the extent outlined herein and DENIED in all other respects. 9. 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 Rockwell Collins' dual spacing transceivers with the following model numbers and FCC identification numbers: Rockwell Collins' Model NumberFCC Identification Numb VHF-700B AJKPN822-1044 618M-5 AJK8221046 VHF 900B AJKPN822-1047 VHF-21, -22, -422 C AJL8221116 10. 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 transceivers 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. 11. 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, Acting Chief Public Safety and Private Wireless Division Wireless Telecommunications Bureau J:\wilhelm\misc\rockwell.11