Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * |                              |
|                                  | * |                              |
| THOMSON-CSF COMMUNICATIONS       | ) |                              |
|                                  | * |                              |
| Request for Waiver of Section    | * |                              |
| 87.173(b) )                      |   |                              |
|                                  | * |                              |
| of the Commission\'s Rules       | * |                              |
| Governing )                      | ) |                              |
|                                  | * |                              |
| Assignable Carrier Frequencies ) | * |                              |
|                                  |   |                              |
| in the Aviation Services         | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**ORDER**

**Adopted:** March 22, 2000 **Released:** March 24, 2000

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

**I. INTRODUCTION**

1\.  Under consideration is a request for waiver filed by Thomson-CSF
Communications (TCC) on January 7, 2000.[^1] TCC seeks waiver of Section
87.173(b) of the Commission\'s Rules[^2] to permit type acceptance 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 (dual
spacing transceivers) that are used in certain countries in Europe and
in the United Kingdom. For the reasons discussed herein, we grant the
requested waiver regarding operation of the TCC transceivers with 25 kHz
and 8.33 kHz channel spacing. 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 acceptance of specified
transceivers capable of transmitting 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 (1) that U.S.
registered aircraft employ type accepted radios; and (2) that to be type
accepted, aircraft radios must meet the technical requirements of
Subpart D of Part 87 of 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 acceptance of
dual spacing transceivers may not be obtained absent a waiver of Section
87.173(b).

**III. DISCUSSION**

4\.  Section 1.3 of the Commission\'s Rules permits waiver of any rule
provision for good cause shown.[^8] We find that the waiver requested by
TCC is warranted. We note, as an initial matter, that we have granted
similar waivers regarding dual spacing transceivers.[^9] As noted in the
*Garmin Order*, 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.[^10] Moreover,
the Federal Aviation Administration (FAA) has issued Technical Standard
Orders (TSO) based on these industry standards.[^11] As we noted in the
*Rockwell Order,* aircraft must have the capability of communicating
reliably with ground stations as directed, and on the frequencies
specified, by air traffic controllers.[^12] 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 beginning in 1999.[^13]
Accordingly, in the interest of air safety and operational efficiency,
we have granted previous requests to allow type acceptance of similar
dual spacing transceivers. We believe the same factors that warranted
grant of those waivers are present in the instant waiver request
submitted by TCC. Thus, we conclude that TCC has shown good cause for
waiver of Section 87.173(b) of the Commission\'s Rules to permit type
acceptance of its dual spacing transceiver.

**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 Request for Waiver of Section 87.173(b) filed by
Thomson-CSF Communications on January 7, 2000, IS GRANTED.

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
acceptance of Thomson-CSF Communications\'s dual spacing transceiver,
FCC Identification Number KVJEVR718.

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 and
0.331.

FEDERAL COMMUNICATIONS COMMISSION

D\'wana R. Terry

Chief, Public Safety and Private Wireless Division

#  Wireless Telecommunications Bureau

[^1]: Letter to Public Safety and Private Wireless Division from M.
    Kwartnik, Product Program Manager, Thomson-CSF Communications, dated
    January 7, 2000 (TCC Letter).

[^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]: 47 C.F.R. § 1.3. *See also WAIT Radio v. FCC*, 418 F. 2d 1153,
    1159 (D.C. Cir. 1969).

[^9]: *See* Thomson-CSF Communications, Garmin International, Inc., and
    Allied Signal, Inc., Request for Waiver of Section 87.173(b) of the
    Commission's Rules Governing Assignable Carrier Frequencies in the
    Aviation Services, *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*).

[^10]: *See* *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).

[^11]: *See* TCC Letter at 1 (citing FAA TSO-C37d, TSO-C38d/C128).

[^12]: *See Rockwell Order*, 13 FCC Rcd at 2956 ¶ 6.

[^13]: *Id.*