DA 00-2345

Released: November 6, 2000

WIRELESS TELECOMMUNICATION BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY
McMURDO LIMITED TO PERMIT USE OF FREQUENCY 406.028 MHz FOR 406 MHz
EMERGENCY POSITION INDICATING RADIO BEACON (EPIRB)

Comment Date: November 20, 2000 Reply Date: November 27, 2000

On October 16, 2000, McMurdo Limited (McMurdo) filed a request for
waiver of Section 80.1061 of the Commission\'s Rules[^1] to permit the
use of the frequency 406.028 MHz for a new 406 MHz EPIRB. [^2] Section
80.1061 of the Commission\'s Rules requires that 406 MHz EPIRBs must
meet all the technical and performance standards contained in the Radio
Technical Commission for Maritime Services document titled "RTCM
Recommended Standards for 406 MHz Satellite Emergency
Position-Indicating Radiobeacons (EPIRBs)" dated July 31, 1987, with
editorial updates of December 31, 1987 (RTCM Recommended Standards). The
RTCM Recommended Standards require that EPIRBs transmit on the frequency
406.025 MHz.

COSPAS/SARSAT, a joint international satellite-based search and rescue
system established by Canada, France, Russia and the United States to
locate emergency radiobeacons transmitting on 121.5 MHz and 406 MHz,
mandated at its 24th session that new 406 MHz beacons type approved
after January 1, 2002 shall transmit on 406.028 MHz. The frequency
change, from 406.025 MHz to 406.028 MHz, is currently allowed as an
option of the manufacturer, but will be mandatory for new beacon models
presented for certification and approved by COSPAS/SARSAT after January
1, 2002.[^3] The RTCM has updated the technical and performance
standards to reflect the international change.[^4] McMurdo requests a
waiver to allow it to submit its 406.028 MHz EPIRB for certification in
the United States. There is no provision in the Commission\'s Rules for
operating on 406.028 MHz as envisioned by the COSPAS/SARSAT standards.
Accordingly, type certification of 406.028 MHz EPIRBs may not be
obtained absent a waiver of Section 80.1061 of the Commission's Rules.

Interested parties may file comment on the waiver request on or before
November 20, 2000. Parties interested in submitting reply comments must
do so on or before November 27, 2000. 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, S.W., TW-325, Washington,
D.C. 20554. A copy of each filing should be sent to International
Transcription Services, Inc. (ITS), 1231 20^th^ Street, N.W.,
Washington, D.C. 20036, (202) 857-3800, and 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.

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,
S.W., 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)
418-1350.

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 requests, 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]: 47 C.F.R. § 80.1061.

[^2]: Letter to Ms. D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Federal Communications Commission from Richard
    Read, Senior Engineer, McMurdo Limited, dated October 16, 2000.

[^3]: Specifications for COSPAS/SARSAT 406 MHz Distress Beacons, C/S
    T.001, Issue 3 -- Revision 2, October 1998.

[^4]: "RTCM Recommended Standards for 406 MHz Satellite Emergency
    Position-Indicating Radiobeacons (EPIRBs)", Version 2.1, dated
    August 22, 2000.