I think we can all agree that PAW is an Electronic Conspicuity (EC) device. However, it is not an ADS-B transmitting device and does not seem to fall within the definition of CAP1391 which only deals with the specification of an EC transmitting ADS-B ES on 1090 MHz.
Although PAW can serve as an uncertified GPS source for a Mode S transponder, as such, it appears to fall within the definition of a Full Category Device (para2.2) and therefore outside the scope of Chapter 6 of CAP1391. It is the Mode S transponder itself that carries the appropriate approvals. Furthermore, while PAW is able to receive ADS-B and ADS-B ES, there is no requirement for approval for receiving on 1090, only recommendations, that are sensible to comply with as far as they impact on PAW as a device. Colour coding of alerts for example will not be a PAW issue but instead fall under the remit of the navigation software provider, such as SD or PocketFMS/Easy VFR.
Whilst I broadly agree that for the future EC might be better served if all systems standardised on 1090 ES, the fact is that the RF output powers quoted, are much, much higher than likely to be utilised by the new PAW Bridge, and the power drain of a CAP 1391 EC device will hence be more difficult to accommodate in many of the airframes which PAW is aimed at. There is also the considerable disadvantage that a CAP 1391 EC has to be inhibited from transmitting if the airframe is already equipped with a transponder.
PilotAware as a completed product, WILL be a manufactured item and it may be sensible to apply for approval by submitting a Declaration of Conformance, especially as it is likely that fees are to be waived initially, according to Steve Hutt (though I cannot find reference to this in CAP 1391). I feel that it may be important for the future of this project that PilotAware attempts to follow the "spirit" of CAP 1391 with regard, to sections concerned with Testing , Manuals, Receiver characteristics etc. in so far as they apply.