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 TRANSCEIVERS**

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.[^1] 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.[^2] 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.[^3]

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.[^4] The Commission
has proposed new rules in to accommodate UAT operations on 978 MHz.[^5]
GARMIN, with the support of the FAA,[^6] seeks a waiver in order to
permit the certification and use of its UAT pending the resolution of
that proceeding.[^7] 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.[^8] 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.[^9]

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.[^10] 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
<qualexint@aol.com>. 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
james.shaffer@fcc.gov.

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

-FCC-

[^1]: Letter dated April 1, 2004 from Larry S. Solomon, counsel for
    GARMIN, to D'wana R. Terry, Chief, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau (Waiver
    Request).

[^2]: *Id.*at 1.

[^3]: *See* Minimum Operational Performance Standards for Universal
    Access Transceiver (UAT) Automatic Dependent Surveillance --
    Broadcast, RTCA/DO-282, Issued 8-27-02 (RTCA, Inc. 2002).

[^4]: *See* Review of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Report and Order and Further Notice of
    Proposed Rule Making*, WT Docket No. 01-289, 18 FCC Rcd 21432 ¶ 77
    (2003).

[^5]: *See id*. Specifically, the Commission proposed to amend Sections
    87.137, 87.139, 87.141, 87.187, 87.263, 87.345, 87.349, 87.375,
    87.417 and 87.475. 47 C.F.R. §§ 87.137, 87.139, 87.141, 87.187,
    87.263, 87.345, 87.349, 87.375, 87.417 and 87.475. The *Notice of
    Proposed Rule Making* was published in the *Federal Register* on
    April 12, 2004. 69 Fed. Reg. 19140 (2004). Comments are due July 12,
    2004, and reply comments are due August 10, 2004.

[^6]: *See* Letter dated March 19, 2004, from George K. Sakai, Spectrum
    Policy and Management, Federal Aviation Administration to D'wana R.
    Terry, Chief, Public Safety and Critical Infrastructure Division,
    Federal Communications Commission.

[^7]: Waiver Request at 2.

[^8]: *Id.*

[^9]: *Id.*

[^10]: The address for FCC filings should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).