Subject: [NEXTEL-1] FCC Seeks Comment On Garmin's Request for Waiver on Part 87 Rules-UNIVERSAL ACCESS TRANSCEIVERS

From: [email-masked]
Date: Thu, 15 Apr 2004 18:17:11 -0400

DA 04-1012
Released:  April 15, 2004

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON GARMIN AT INC.,
REQUEST FOR WAIVER OF PART 87 RULES TO AUTHORIZE CERTIFICATION AND USE
OF UNIVERSAL ACCESS

Comment Date:  May 17, 2004 Reply Comment Date:  May 27, 2004

On April 1, 2004, GARMIN AT, Inc. (GARMIN) filed a request for waiver of
Sections 87.137, 87.145, and 87.187 and any other applicable provisions
of the Commission’s Rules in order to permit type certification and
operation of its Universal Access Transceiver (UAT), FCC ID No.
EOJGDL90A1H, Model No. GDL 90.   UAT is a datalink technology that
operates on frequency 978 MHz and has been developed to provide
Automatic Dependent Surveillance — Broadcast (ADS-B) Service to the
aviation community.

ADS-B is an aviation surveillance service that automatically broadcasts
Global Positioning System-derived information on the location, velocity,
altitude, heading, etc. of an ADS-B equipped aircraft to other ADS-B
equipped aircraft and to ADS-B ground stations for distribution to air
traffic control systems, thus improving an aircraft’s situational
awareness and enhancing its safety of flight.  GARMIN’s UAT is designed
to broadcast on a 978 MHz link, with the emission designator 1M70F1D and
50 watts output power.   GARMIN states that its UAT meets the technical
standards of Federal Aviation Administration (FAA) Technical Standards
Order C154 and the RTCA DO-282 Minimum Operating Performance Standards
for the UAT.
GARMIN participated in developing this technology, which has been
field-tested in the FAA Alaska Region over the last two years, and at
several sites within the continental United States.   The Commission has
proposed new rules in to accommodate UAT operations on 978 MHz.
GARMIN, with the support of the FAA,  seeks a waiver in order to permit
the certification and use of its UAT pending the resolution of that
proceeding.   GARMIN states that it will limit the use of UAT under the
waiver to U.S. registered aircraft and FAA-sanctioned ground stations,
and that use of UAT will not be available to the general public.
Further, GARMIN asserts that, if the waiver is granted, the authorized
UAT facilities will not be a hazard to air navigation or violate
international agreement or treaty.

Interested parties may file comments on the Waiver Request on or before
May 17, 2004.  Parties interested in submitting reply comments must do
so on or before May 27, 2004.  All comments should reference the subject
request including the DA number of this Public Notice, and should be
filed with the Office of the Secretary, Federal Communications
Commission, 445 Twelfth Street, S.W., TW-325, Washington, D.C. 20554.
A copy of each filing also should be sent to: (1) Qualex International,
Inc., Portals II, 445 Twelfth Street, S.W., Room CY-B402, Washington,
D.C. 20554; (2) Maria Ringold, Federal Communications Commission,
Consumer and Governmental Affairs Bureau, Reference Information Center
(RIC), 445 Twelfth Street, S.W., Room CY-B529, Washington, D.C. 20554;
and ( 3) Jim Shaffer, Federal Communications Commission, Wireless
Telecommunications Bureau, Public Safety and Critical Infrastructure
Division, 445 Twelfth Street, S.W., Room 4-C342, Washington, D.C. 20554.

The Waiver Requests and responsive comments and reply comments filed
pursuant to this Public Notice will be available for inspection and
duplication during regular business hours in the Reference Information
Center (RIC) of the Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 Twelfth Street, S.W., Room CY-A257,
Washington, D.C. 20554.  Copies may also be obtained from the
Commission’s duplicating contractor, Qualex International, Inc., Portals
II, 445 Twelfth Street, S.W., Room CY-B402, Washington, D.C. 20554,
(202) 863-2893, facsimile (202) 863-2898, or via e-mail
[email-masked].  For further information regarding the public
reference file for this request, contact Maria Ringold, Chief, Wireless
Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the ex parte rules, see Sections 1.1200(a) and 1.1206
of the Commission’s Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather than a
restricted proceeding under Section 1.1208 of the Commission’s Rules, 47
C.F.R. § 1.1208.  Therefore, any ex parte presentations that are made
with respect to the issues involved in the subject request, subsequent
to the release of this Public Notice, will be allowed but must be
disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission’s Rules, 47 C.F.R. § 1.1206(b).
For further information, contact Mr. Jim Shaffer, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau at
(202) 418-0687, TTY (202) 418-7233 or via email to
[email-masked].

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.
-FCC-

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1012A1.doc
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