Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| ROCKWELL COLLINS, INC.           | ) |                              |
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| Request for Waiver of Section    | * |                              |
| 87.173(b) )                      |   |                              |
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| of the Commission\'s Rules       | * |                              |
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| Assignable Carrier Frequencies ) | * |                              |
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**ORDER**

**Adopted: February 6, 2002 Released: February 7, 2002**

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

**I. INTRODUCTION**

1\.  Under consideration are two requests for waiver filed by Rockwell
Collins, Inc. (Rockwell Collins) on October 29, 2001, and November 2,
2001.[^1] Rockwell Collins seeks waiver of Section 87.173(b) of the
Commission\'s Rules[^2] to permit type certification of VHF aircraft
transceivers capable of transmitting on both the 25 kHz spaced channels
currently authorized pursuant to Section 87.173(b) of the Commission\'s
Rules and on the 8.33 kHz spaced channels that are used in certain
countries in Europe and in the United Kingdom. Such transceivers are
known as dual spacing transceivers. For the reasons discussed herein, we
grant the requested waiver regarding operation of the Rockwell Collins
transceivers with 25 kHz and 8.33 kHz channel spacing, subject to the
Commission's decision regarding a pending *Notice of Proposed Rule
Making* that proposes to amend our rules to permit the type
certification of dual spacing transceivers. 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
certification of specified transceivers capable of transmitting on both
25 kHz spaced channels in the United States and on the 8.33 kHz spaced
Aeronautical Mobile Service (AMS) channels used in certain other
countries.

**II. BACKGROUND**

2\.  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.[^3] 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.[^4] Seven western European
countries and the United Kingdom implemented the 8.33 kHz channel plan
in 1999.[^5] Accordingly, aircraft operating in the airspace of these
countries must have the capability of transmitting and receiving on the
8.33 kHz spaced channels.

3.  Section 87.39 of the Commission\'s Rules requires that (1)
U.S.-registered aircraft employ type certified radios; and (2) aircraft
radios must meet the technical requirements of Subpart D of Part 87 of
the Commission\'s Rules in order to be type certified under the
Commission's Rules.[^6] 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
(namely, 117.975 MHz to 136.975 MHz).[^7] The listed frequencies are
based on 25 kHz spacing. 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 certification of dual spacing
transceivers may not be obtained absent a waiver of Section 87.173(b) of
the Commission's Rules. However, the Commission has released a *Notice
of Proposed Rule Making* to review the Aviation Radio Service rules and
seeks comment on whether to permit the certification of dual spacing
transceivers for aircraft also operating in countries which employ 8.33
kHz channel spacing.[^8]

III. **DISCUSSION**

4\.  Section 1.925 of the Commission\'s Rules provides that we may grant
a waiver if it is shown that (a) the underlying purpose of the rule(s)
would not be served or would be frustrated by application to the instant
case, and grant of the requested waiver would be in the public interest;
or (b) in light of unique or unusual circumstances, application of the
rule(s) would be inequitable, unduly burdensome, or contrary to the
public interest, or the applicant has no reasonable alternative.[^9] We
find that the waiver requested by Rockwell Collins is warranted under
the circumstances presented. Specifically, we conclude that the
underlying purpose of the subject rules would not be served by
application to the instant case and grant of the requested waiver would
be in the public interest. We note, as an initial matter, that we have
granted similar waivers regarding dual spacing transceivers.[^10] As we
have noted previously, two industry standard setting organizations,
RTCA, Inc. (RTCA) and Aeronautical Radio, Inc. (ARINC), have approved
United States VHF transceiver standards that include 8.33 kHz
spacing.[^11] Moreover, the Federal Aviation Administration (FAA) has
issued Technical Standard Orders (TSO) based on these industry
standards.[^12] As we noted elsewhere*,* aircraft must have the
capability of communicating reliably with ground stations as directed,
and on the frequencies specified, by air traffic controllers.[^13]
Further, we believe that this capability could be impaired if United
States-registered aircraft were unable to communicate effectively with
ATC facilities in certain European countries on 8.33 kHz spaced
channels.[^14] Accordingly, in the interest of air safety and
operational efficiency, we have granted previous requests to allow type
acceptance (now called type certification) of similar dual spacing
transceivers. We believe the same factors that warranted grant of those
waivers are present in the instant waiver requests submitted by Rockwell
Collins.[^15] Thus, we conclude that Rockwell Collins has shown good
cause for waiver of Section 87.173(b) of the Commission\'s Rules to
permit type certification of its dual spacing transceivers. Therefore,
we will grant the waiver requests, conditioned on the resolution of the
*Notice of Proposed Rule Making*.

**IV. ORDERING CLAUSES**

5\. 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 Requests for Waiver of Section 87.173(b) filed by
Rockwell Collins, Inc. on October 29, 2001, and November 2, 2001, IS
GRANTED, subject to the resolution of the *Notice of Proposed Rule
Making* in WT Docket No. 01-289.

6\. 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
certification of Rockwell Collins, Inc.'s dual spacing transceivers, FCC
Identification Numbers AJK822-1468 and AJL822-1603.

7\. This action is taken under delegated authority pursuant to Sections
0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131, 0.331.

FEDERAL COMMUNICATIONS COMMISSION

Barry J. Ohlson

Acting Chief

Public Safety and Private Wireless Division

#  Wireless Telecommunications Bureau

[^1]: Letters to Ms. D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau, from Linda C.
    Sadler, Director, Governmental and Regulatory Affairs, Rockwell
    Collins, Inc., dated October 29, 2001, and November 2, 2001.
    (*Rockwell Collins Letters*).

[^2]: 47 C.F.R. § 87.173(b).

[^3]: *See International Standards and Recommended Practices,
    Aeronautical Telecommunications*, Annex 10 to the Convention on
    Civil Aviation, Vol. V, Aeronautical Radio Frequency Spectrum
    Utilization, Amendment No. 72, International Civil Aviation
    Organization, Montreal, 1997 (ISRP). When the ICAO adopts an
    International Standard and Recommended Practice, it is binding on
    the contracting countries. *See* Amendment of Part 87 of the
    Commission\'s Rules to Establish Technical Standards and Licensing
    Procedures for Aircraft Earth Stations, *Report and Order*, PR
    Docket No. 90-315, 7 FCC Rcd 5895, 5896 n.12 (1992). However,
    contracting countries are not required to implement 8.33 kHz spacing
    if their current channel spacing standards provide an adequate
    number of frequencies. ISRP at 6, para. 4.1.2.1 (note).

[^4]: *See Plan for the 8.33 kHz Channel Spacing Implementation in
    Europe* (8.33 kHz Spacing Plan), Edition 2.0, European Civil
    Aviation Conference, Dec. 2, 1996 at 2.

[^5]: The implementing countries are Austria, Belgium, France, Germany,
    Luxembourg, Netherlands, Switzerland and the United Kingdom. *Id.*

[^6]: 47 C.F.R. § 87.39; *see also* 47 C.F.R. § 87.145 (requiring, with
    exceptions not relevant here, that radio equipment installed on air
    carrier aircraft must be type accepted and must meet FCC and FAA
    requirements).

[^7]: The list of frequencies is contained in the table in Section
    87.173(b) of our Rules. *See* 47 C.F.R. § 87.173(b).

[^8]: S*ee* Review of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Notice of Proposed Rule Making*, WT Docket
    No. 01-289, 16 FCC Rcd 19005, 19016 ¶ 24 (2001) (*Part 87 NPRM*).
    Comments are due March 14, 2002; reply comments are due April 15,
    2002. *See* 66 Fed. Reg. 64785 (2001).

[^9]: 47 C.F.R. § 1.925(b)(3). *See also WAIT Radio v FCC*, 418 F. 2d
    1153, 1159 (D.C. Cir. 1969).

[^10]: *See* Wulfsberg Electronics Division, *Order*, 15 FCC Rcd 10992
    (WTB PSPWD 2000); Thomson-CSF Communications, *Order*, 15 FCC Rcd
    10048 (WTB PSPWD 2000) (*Thomson Order*); Thomson-CSF
    Communications*, Order,* 14 FCC Rcd 3255 (WTB PSPWD 1988) (*Garmin
    Order*); Honeywell, Inc. Commercial Flight Systems Group, *Order,*
    13 FCC Rcd 16785 (WTB PSPWD 1998); Rockwell Collins, Inc., *Order,*
    13 FCC Rcd 2954 (WTB PSPWD 1998) (*Rockwell Order*).

[^11]: *See, e.g*., *Garmin Order,* 14 FCC Rcd at 3255 ¶ 2 (citing
    *Minimum Performance Standards for Airborne Communications Equipment
    Operating Within the Frequency Range 117.975 - 137.00 MHz*, RTCA
    DO-186(a); ARINC Characteristics 566A, 716 and 750).

[^12]: *See* FAA TSO-C37d, VHF Radio Communications Transmitting
    Equipment Operating Within the Radio Frequency Range 117.975 to
    137.000 Megahertz, (9/23/92); and FAA TSO-C38d/C128, VHF Radio
    Communications Receiving Equipment Operating Within the Radio
    Frequency Range 117.975 to 137.000 Megahertz. (Sept. 23, 1992).

[^13]: *See, e.g., Thomson Order*, 15 FCC Rcd at 10049 ¶ 4 (citing
    *Rockwell Order*, 13 FCC Rcd at 2956 ¶ 6).

[^14]: *Id.*

[^15]: *See Rockwell Collins Letter.*