The FCC, Your ELT and More Money

As reported by AvWeb, the FCC made an almost completely surprise move by announcing recently a new rule that prohibits "certification, manufacture, importation, sale, or continued use of 121.5 MHz ELTs." Yes, that's right. Within 60 days of this rule getting approved you could be required to spend about $1000 for a new 406 MHz ELT and even more to have it installed.

Are you blindsided? I sure was! When AvWeb spoke to FCC spokesman Matt Nodine, they were informed that there has been a notice of proposed rulemaking (NPRM) out for a while and that the topic was open for discussion.

This sounds awfully familiar to the opening scene from Douglas Adams' Hitchhiker's Guide to the Galaxy where an alien demolition crew shows up to destroy Earth to make room for a new highway. When Earth protests, they're informed that public notice had been posted for some time...on a planet light-years away where nobody would have thought to look. Why would a pilot or aircraft owner watch for FCC rules when it's the FAA that is supposed to govern aviation rules?

As far as I can tell, the AOPA was blindsided by this too. They're pretty good watching the FAA, NTSB, TSA and other government agencies that are normally involved with aviation. They've been reporting and giving advice on 406 MHz ELTs for some time. If anyone would have caught wind of a rule affecting over 200,000 GA aircraft owners. If the "public notice" about this new rule didn't get noticed by the AOPA, I think it's fair to say that the intent of giving "public notice" was not met by the FCC. The AOPA is working with the FCC to figure things out and advise against rushing to buy a new ELT right now.

I would have also thought that avionics manufacturers and shops would have been watching for an announcement about this. They stand to make millions on this within the next couple months...or lose millions if they keep building 121.5 MHz ELT. I would have expected ads in magazines, on websites and in my email for deals to beat the FCC's new rule deadline. If they missed the boat on this, there definitely wasn't enough public notice.

Not surprisingly, I've been completely unable to find any mention of this new rule on the FCC's own website.

Personally, I don't think the FCC should be allowed to institute such a wide-ranging rule without consulting the FAA. Both government agencies have some jurisdiction here and it's illogical for either of them to act unilaterally.

AOPA made an interesting note: this rule might make the current 406 MHz ELTs on the market illegal as well. Apparently they still send out a low-power signal on 121.5 MHz to help with search-and-rescue.

I'm appalled by the way this new rule was sprung on the aviation community. I hope that the AOPA and others are able to help the FCC understand what they've done. With any luck, we'll at least get a grace period of a few years like we're getting with ADS-B. We'll let you know when we hear more.