6/21/2010 - EAA & AOPA Sound Off Over FCC Ban on 121.5 MHz ELT
In a report adopted on June 1, 2010, the Federal Communications Commission states it will prohibit the sale or use of 121.5 MHz emergency locator transmitters, effective in August. Thousands of General Aviation Aircraft would be affected by the surprise rule that was released June 12, 2010. The 121.5 ELTs are allowed under FAA rules. The FCC states the rules have been amended to "prohibit further certification, manufacture, importation, sale or use of 121.5 MHz ELTs."
On June 15 the Federal Communications Commission (FCC) published in the Federal Register a change to 47 CFR Part 87 that will "prohibit the certification, manufacture, importation, sale, or continued use of 121.5 MHz emergency locator transmitters (ELTs) other than the Breitling Emergency Watch ELT." Meanwhile, the FAA in 14 CFR Part 91.207, stipulates that U.S.-registered civil airplanes are required to have an approved automatic type emergency locator transmitter in operable condition attached to the airplane. The FAA does not specify either 121.5 or 406 MHz, but the overwhelming majority of aircraft are equipped with 121.5 MHz units, meaning they would be in violation of federal law when it goes into effect 60 days after publication, or August 15, 2010. Pilots of GA aircraft are now caught between two conflicting rule makers.
EAA says it is working with fellow aviation associations to prevent this action and exploring all avenues of action to address this rule before it goes into effect.
"This regulatory change would impose a substantial and unwarranted cost on general aviation," said Earl Lawrence, EAA vice president of industry and regulatory affairs. "And this also creates a burden for the GA community and those ground-based rescue units that continue to use the 121.5 frequency to perform searches and save lives."
"The FCC is making a regulatory change that would impose an extra cost on GA operators, without properly communicating with the industry or understanding the implications of its action," said AOPA Vice President of Regulatory Affairs Rob Hackman. "There is no FAA requirement to replace 121.5 MHz units with 406 MHz technology. When two government agencies don't coordinate, GA can suffer."
Both the 121.5 MHz and 406 MHz ELTs meet the FAA's regulatory requirements if manufactured to the proper technical standard order. While satellites no longer monitor the 121.5 MHz frequency as of Feb. 1, 2009, the frequency is monitored by ATC, the military, and other pilots. AOPA is exploring all avenues of action to address this rule before it goes into effect.
It would be impossible to outfit all aircraft in the timeframe of the FCC rule and cost prohibitive for GA aircraft owners. The rule highlights the fact that threats to GA can come from many different areas, Hackman said. Government agencies outside of the FAA don't necessarily understand the effects of their actions on aviation, and poor communication can compound the problem. In addition to the unnecessary cost, this ruling also raises the question of the legality of the 406 MHz ELTs because they also transmit a low-power signal on 121.5 MHz to allow the search-and-rescue community to home as part of the rescue process according to AOPA. -Staff Report, FMI: EAA, AOPA. See pdf FCC report
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