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L-3 Communications Security and Detection Systems, Inc

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Released: February 5, 2010
Federal Communications Commission
Washington, D.C. 20554

February 5, 2010

DA 10-229

Mr. Mitchell Lazarus
Fletcher, Heald & Hildreth, P.L.C.
1300 North 17th Street, 11th Floor
Arlington, Virginia 22209
Request to Modify Conditions on Waiver Granted to SafeView, Inc.,
ET Docket No. 04-373
Dear Mr. Lazarus:
This is in response to your letters dated January 14 and January 29, 2010, filed on behalf of your
client, L-3 Communications Security and Detection Systems, Inc. (“L-3 Communications”),
formerly known as L-3 Communications SafeView, Inc., requesting modification of certain
conditions of a waiver first granted on August 3, 2006, and renewed September 2, 2009, to
L-3 Communications for its ProVision 100 body-scanning security product. You state that the
changes are needed to meet urgent homeland security and public safety needs, particularly in
response to a recent terrorist attempt against a U.S. commercial aircraft.
The Office of Engineering and Technology (“OET”) first waived certain Part 15 rules for this
device in 2006. By Order, OET permitted the measurement of radio frequency emissions from the
ProVision 100 with the frequency sweeping active (as in its normal operation), rather than with the
sweep disabled, as prescribed by Section 15.31(c) of the rules; it also waived the requirement for a
limit on peak emissions from unlicensed devices of 20 dB above the corresponding maximum
average emission limit specified in Section 15.209.1 The Order placed several conditions on the
waiver, including limiting the number of systems permitted to be installed to 100 during the first
year of the waiver, and 200 during the second year. In September 2009, OET modified the waiver
to allow an additional 2-year period, i.e., until August 3, 2010, for sale of the 300 units permitted
under the original waiver.2

1 See SafeView, Inc. Request for Waiver of Section 15.31 and 15.35 of the Commission’s Rules to Permit the
Deployment of Security Screening Portal Devices that Operate in the 24.25-30 GHz Range (SafeView Waiver
ET Docket No. 04-373, DA 06-1589, 21 FCC Rcd 8814 (2006); see also, 47 C.F.R. §§ 15.31(c) and
2 See SafeView, Inc. Request for Waiver of Section 15.31 and 15.35 of the Commission’s Rules to Permit the
Deployment of Security Screening Portal Devices that Operate in the 24.25-30 GHz Range (SafeView Waiver
ET Docket No. 04-373, DA 09-1966, 24 FCC Rcd 11550 (2009).

In your letter dated January 14, 2010, you state that in order to meet the requirements of security
authorities to foil future terrorist attacks, L-3 Communications requests that sales of ProVision
units for installation in U.S. airports not be included in the numerical limits in the waiver and not
be subject to the expiration cut-off date in the waiver renewal, i.e., August 3, 2010, for a period
of 2 years following that date. Your letter dated January 29, 2010 modified this request with the
alternative request to extend the existing waiver for an additional year and to allow the sale of
200 additional units through that date, i.e., 500 units through August 3, 2011. You also state that
L-3 Communications has not received any reports of interference caused by the ProVision at any
of its installations, and that the company remains committed to swiftly resolve any interference
incidents that do arise.
It is a well-established principle that the Commission will waive its rules in specific cases only if
it determines, after careful consideration of all pertinent factors, that such a grant would serve the
public interest without undermining the policy the rules are intended to serve. See WAIT Radio
v. FCC
, 418 F.2d 1153 (D.C. Cir. 1969). Changing the waiver condition to increase the
permitted number of ProVision units, under exigent circumstances that impact national security,
will serve the public interest by making available the number of whole-body scanning security
products needed to promote homeland security objectives and to protect the American public. In
addition, granting an extension of the waiver for an additional period of one year will further
serve the public interest by providing L-3 Communications with additional time to finalize
delivery contracts. The numerical increase and time extension, under these circumstances, will
not undermine Commission policy, as all the other waiver conditions continue to apply to the
Accordingly, pursuant to authority delegated in sections 0.31 and 0.241 of the Commission's
rules, 47 C.F.R. §§ 0.31, 0.241, and section 1.3 of the Commission's rules, 47 C.F.R. §1.3, the
waiver issued to L-3 Communications by Orders dated August 3, 2006 and September 2, 2009 is
extended to August 3, 2011, to allow the marketing of a total number of 500 ProVision units
until that time, effective upon release of this order. This waiver is subject to the following
1). The ProVision 100 imaging device shall be certified by the Commission and must
comply with the technical specifications applicable to operation under Part 15 of 47 C.F.R.
However, for this particular swept-frequency device, compliance with the average power
level need not be demonstrated under the requirement of 47 C.F.R. § 15.31(c) and the
requirement of §15.35(b) is relaxed to allow a total radiated peak power level up to 41 dB
above the maximum permitted average power when measured as specified herein.
2). The intentional emissions generated by the ProVision 100 imaging device must be
completely contained within the 24.25 to 30 GHz frequency range.
3). All installations of ProVision 100 imaging devices operated under this waiver shall be
restricted to indoor use.
4). L-3 Communications shall create and maintain a record of installations of all devices

operating under this waiver, including the identity of the customer, type of location (e.g.,
airport or government building), and street address and/or coordinates. This list shall be
made available to the Commission and to the National Telecommunications and Information
Administration (NTIA) upon request.
5). L-3 Communications shall inform purchasers that ProVision 100 imaging devices may
not be resold to third parties for use at another installation in the United States unless
appropriate arrangements are made to meet all of the conditions of this waiver.
6). This waiver shall apply to the ProVision 100 imaging device produced by L-3
Communications as described herein and provided no major changes are made to the
transmitter circuitry or to the housing and position of the antenna masts that would increase
the devices radiated power or bandwidth.
7). L-3 Communications shall follow the same measurement procedures for determining the
average radiated power and the peak radiated power as specified in the initial waiver grant.
These measurement procedures are specific to the ProVision 100 imaging device and are not
generally applicable to all swept-frequency transmitting systems.
If you have any further questions, please contact Anh Wride, Technical Rules Branch, Policy and
Rules Division, via e-mail at or via phone at (202)
Julius Knapp
Office of Engineering and Technology

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