FCC Waiver Grant

FCC ID: K6KHSD-X

Cover Letter(s)

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FCCID_1275797

Federal Communications Commission Washington, D.C. 20554 March 12, 2010 Bruce A. Olcott Squire, Sanders & Dempsey L.LP. 1201 Pennsylvania Avenue, NW., Suite 500 Washington, D.C. 20004 RE: EMS Technologies Canada, Ltd. (EMS) Request for Waiver of Part 87 Rules Dear Mr. Olcott: We have before us your letter, dated March 4, 2010, amended by erratum on March 9, 2010, requesting on behalf of EMS Technologies Canada, Ltd. (EMS) a waiver of certain provisions‘ of the Commission‘s Part 87 Rules to permit the certification of EMS‘s aeronautical—mobile satellite service transceivers HSD—128, HSD—400, HSD—440, HSD—X and HSD—Xi. You state that this equipment is used on aircraft to provide Inmarsat Classic, Swift64, and SwiftBroadband aircraft communications services. You note that previous waivers have been granted by the Commission to permit certification of identical equipment manufactured by EMS but marketed by other companies." We have reviewed your request, and find that grant of a waiver is warranted under the circumstances presented. Specifically, we conclude that the underlying purpose of the rules would not be served by application to the instant case, and that grant of the requested waiver would be in the public interest." We therefore grant the waiver request, without prejudice to enforcement action. Accordingly, pursuant to the authority contained in Sections 0.131 and 0.331 of the Commission‘s Rules, 47 C.F.R. §§ 0.131, 0.331, the request for waiver filed by EMS Technologies Canada, Ltd. on March 4, 2010, and amended March 9, 2010, IS GRANTED without prejudice to enforcement action. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau ‘ Specifically, 47 C.F.R. §§ 87.131, $7.133, 87.137, 87.139(i)(1), $7.139(i)(3), 87.141(). > You also state that EMS‘s transceivers comply with ARINC Characteristics 429, 739, 600, and 741/781; RTCA DO—210; and the Satcom Minimum Operational Performance Standards; and are certified pursuant to Federal Aviation Administration Technical Standards Order authorization. Further, you state that the equipment complies with Inmarsat technical requirements and that Inmarsat has expressed support for EMS‘s request for waiver. 3 See 47 C.F.R. § 1.925(b)(3).


Document Created: 2019-09-12 03:27:32
Document Modified: 2019-09-12 03:27:32
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