DA 01-2662

Released: November 15, 2001

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER
BY BRIAR TEK INCORPORATED FOR TYPE CERTIFICATION OF PERSONAL 121.5 MHz
EMERGENCY POSITION INDICATING RADIO BEACON (EPIRB)

Comment Date: November 26, 2001 Reply Date: December 3, 2001

On October 31, 2001, Briar Tek Incorporated (Briar Tek) filed a request
for waiver of Section 80.1055(a)(3) of the Commission\'s Rules[^1] to
permit the type certification for a new 121.5 MHz Personal EPIRB. [^2]
Section 80.1055 of the Commission\'s Rules requires that 121.5 MHz
EPIRBs must meet certain technical and performance standards.

EPIRBs are battery-powered transmitters generally used to send a
distress signal when a ship is in danger. The distress signal is used
both as an alarm to alert others that a ship is in distress and as a
beacon to aid in its location by search and rescue personnel. Because
safety of life is involved and ships travel world-wide, the
Commission\'s Rules specify minimum operational performance standards.
*See* 47 C.F.R. § 80.1055. The technical and performance requirements
that must be met include, but are not limited to, (1) use of A3X
emission on a mandatory basis and A3E and N0N emissions on an optional
basis; (2) transmission of A3E or NON emission must not exceed 90
seconds and must be followed by a transmission of at least three minutes
of A3X emission; each transmission of a synthesized and/or pre-recorded
voice message must be preceded by the words "this is a recording"; (3)
effective radiated power must not be less than 75 milliwatts after 48
hours of continuous operation and without replacement or recharge of
batteries; (4) mandatory A3X emission must be amplitude modulated with
an audio signal swept downward between 1600 and 300 Hz; and (5) the
device must be powered by a battery contained within the transmitter
case or in a battery holder that is rigidly attached to the transmitter
case. The battery connector must be corrosion-resistant and positive in
action and must not rely for contact upon spring force alone. The useful
life of the battery is the length of time that the battery can be stored
under marine environmental conditions without the EPIRB transmitter peak
effective radiated power falling below 75 milliwatts prior to 48 hours
of continuous operation. The month and year of the battery\'s
manufacture must be permanently marked on the battery and the month and
year upon which 50 percent of its useful life will have expired must be
permanently marked on both the battery and the outside of the
transmitter. The batteries must be replaced if 50 percent of their
useful life has expired or if the transmitter has been used in an
emergency situation.

Briar Tek \'s description of its 121.5 MHz Personal EPIRB generally
meets that of a Class B EPIRB station. However, Briar Tek's 121.5 MHz
Personal EPIRB is designed to be small, lightweight and be worn on
one\'s person as a personal EPIRB for use when all other means of
self-rescue are exhausted. Absent a waiver of the standards set forth
above, Briar Tek's 121.5 MHz Personal EPIRB could not be certified for
operation under Part 80 of the Commission\'s Rules.[^3]

Interested parties may file comment on the waiver request on or before
November 26, 2001. Parties interested in submitting reply comments must
do so on or before December 3, 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, TW-325, Washington,
D.C. 20554. A copy of each filing should be sent to 1) Qualex
International, Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, DC, 20554, telephone 202-863-2893; 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.[^4]

The full text of the Waiver Request, comments and reply comments will be
available for public inspection and copying during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street, SW, Room CY-A257, Washington, DC, 20554. This document may also
be purchased from the Commission\'s duplicating contractor, Qualex
International, Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898,
or via e-mail qualexint@aol.com. 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 Mr. 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]: 47 C.F.R. § 80.1055(a)(3).

[^2]: Letter to Ms. D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Federal Communications Commission from Wayne V.
    Black, counsel for Briar Tek, dated October 24, 2001.

[^3]: Briar Tek's seeks waiver of emission and power standards, and
    battery requirements (*see* 47 C.F.R. §§ 80.1053(a)(4) -- (7),
    80.1053(a)(14)(e)) to allow for certification of a personal EPRIB
    for personnel that have fallen overboard from a vessel. The device
    is water-activated and signals a receiver installed on the vessel's
    bridge to allow local search and rescue to be initiated.

[^4]: The address for FCC locations should be used only for documents
    filed by United States Postal Service. Documents delivered by
    Federal Express or any other express mail service should be
    addressed to the relevant person or office at the Federal
    Communications Commission, 445 Twelfth Street, S.W., Washington,
    D.C. 20024. Hand-delivered or messenger-delivered documents are
    accepted only at our Capitol Heights facility located at 9300 East
    Hampton Drive, Capitol Heights, MD 20743. *See* Clarification On
    FCC's Announce Changes in Filing Procedures, *Public Notice*, DA
    01-2451 (rel. Oct. 18, 2001); FCC Announces Change in Filing
    Location for Paper Documents, *Public Notice*, DA 01-2436 (rel. Oct.
    17, 2001).