DA 01-1659

Released: July 16, 2001

WIRELESS TELECOMMUNICATION BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY
BREITLING U.S.A., INC. FOR TYPE CERTIFICATION OF BREITLING EMERGENCY
WATCH EMERGENCY LOCATOR TRANSMITTER

Comment Date: August 16, 2001 Reply Date: August 31, 2001

On April 30, 2001, Breitling U.S.A., Inc. (Breitling), requested that
the Commission extend and modify the conditional waiver of Sections
87.141(i), 87.143(d)(4), 87.147(a) & (b), and 87.193 of the
Commission\'s Rules, 47 C.F.R. §§ 87.141(i), 87.143(d)(4), 87.147(a) &
(b), and 87.193, granted on July 19, 2000, to permit equipment
authorization for the Breitling Emergency Watch (the "Emergency").[^1]
The Emergency is a back-up safety device designed to supplement
conventional 121.5 MHz Emergency Locator Transmitters (ELTs). Under
Sections 87.131--87.147 of the Commission\'s Rules, 47 C.F.R. §§
87.131--87.147, aviation ELT stations must meet certain technical
requirements. Absent a waiver of these standards, Breitling's Emergency
could not be certified for operation under Part 87 of the Commission\'s
Rules.

By way of background, on July 2, 1999, Breitling requested a waiver to
permit certification of the Emergency. Breitling's waiver request was
coordinated with the Interdepartmental Radio Advisory Committee (IRAC),
which had no objection to the FCC granting the requested waiver to
Breitling, provided that certain conditions were satisfied. These
conditions were, (1) that the Emergency be sold only to licensed pilots;
(2) that the device be operated only in aviation emergency situations;
(3) that the device be sold and operated on a one-year trial basis, with
the condition that the FCC would immediately terminate the waiver at the
request of the Federal Aviation Administration (FAA) because of reported
interference to the National Airspace System; and (4) that Breitling
keep records of all purchases, including pilot license number; and
provide records every month to the FAA during the one-year test period;
and make the records available to the Federal Government upon request.
On July 19, 2000, Breitling's request for waiver, subject to the IRAC
conditions, was granted for a one-year trial basis. It noted in the
waiver that following the trial period a permanent waiver would be
considered, if in the opinion of the FAA, no significant problems to the
Air Traffic Control (ATC) operations occurred.

Breitling now requests a permanent waiver. It states that it is willing
to continue to meet the conditions of the original waiver that require
that the Emergency only be used in aviation emergency situations, and
maintain purchase records and make them available to the federal
government. However, Breitling ask that the pilots-only restriction of
the original waiver be eliminated. Breitling believes that permitting
sale of the Emergency to non-pilots will enhance aviation safety. It
notes that measures taken to reduce the risk of misuse of the Emergency
such as the design for a single use and manual activation, and a
requirement for purchasers to register with Breitling and receive
information about the function of and usage restriction of the device,
have proven to be effective. Further, it notes that outside the United
States there are no restrictions on purchasing the Emergency and there
have been no misuse or problems to ATC operations reported. Breitling
states that in its experience with worldwide sale of the Emergency, not
only have there been no reported problems to the United States ATC
operation, but there are no reports of problems with ATC or search and
rescue (SAR) operations anywhere in the world.

Interested parties may file comment on the waiver request on or before
August 16, 2001. Parties interested in submitting reply comments must do
so on or before August 31, 2001. All comments should reference the
subject Waiver 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, SW, Room TW-325,
Washington, D.C. 20554. A copy of each filing should be sent to 1)
International Transcription Services, Inc. (ITS), 1231 20^th^ Street,
N.W., Washington, D.C. 20036, (202) 857-3800; 2) Jim Shaffer, Federal
Communications Commission, Wireless Telecommunications Bureau, Public
Safety and Private Wireless Division, 445 Twelfth Street, S.W., Room
4-C342, Washington, D.C. 20554; and 3) Maria Ringold, Federal
Communications Commission, Consumer Information Bureau, Reference
Information Center, 445 Twelfth Street, S.W., Room CY-B529, Washington,
D.C. 20554.

The full text of the Waiver Request, comments and reply comments will be
available for inspection and duplication during regular business hours
in the Reference Information Center (RIC) of the Consumer Information
Bureau (CIB), Federal Communications Commission, 445 Twelfth Street, SW,
Room CY-A257. Copies may also be obtained from ITS. For further
information regarding the public reference file for these waiver
requests contact Maria Ringold, Chief, Wireless Branch, RIC, (202)
418-1355.

Unless otherwise provided, requests for waiver of the Commission's Rules
are subject to treatment by the Commission as restricted proceedings for
*ex parte* purposes under Section 1.1208 of the Commission's Rules, 47
C.F.R. § 1.1208. Because of the policy implications and potential impact
of this proceeding on persons not parties to the waiver request, we
believe it would be in the public interest to treat this case as a
permit-but-disclose proceeding under the *ex parte* rules. *See*
Sections 1.1200(a), 1.1206 of the Commission's Rules. 47 C.F.R. §§
1.1200(a), 1.1206. Therefore, subsequent to the release of this *Public
Notice*, *ex parte* presentations that are made with respect to the
issues involved in the subject waiver requests 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 Jim Shaffer of the Public Safety and
Private Wireless Division of the Wireless Telecommunications Bureau at
(202) 418-0687, TTY (202) 418-7233, or via email to jshaffer@fcc.gov.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

\- FCC -

[^1]: Letter to Ms. D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Federal Communications Commission from Aaron M.
    Panner, dated April 30, 2001.