[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14639-14640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7496]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 95-102; FCC 98-293]


Establishing a Very Short Distance Two-Way Voice Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration and clarification.

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SUMMARY: This action denies two petitions for reconsideration and 
clarifies that, within the Family Radio Service (``FRS'') rules, an 
antenna must be non-detachable to be an ``integral antenna''.

EFFECTIVE DATE: November 9, 1998.

FOR FURTHER INFORMATION CONTACT: Joy Alford, Policy and Rules Branch, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at [email protected] or (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum, Opinion and Order, released on November 9, 1998. The full 
text of this Memorandum, Opinion and Order is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
Room 239, 1919 M Street, NW, Washington, DC The complete text may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, Washington, DC 20036, 
telephone (202) 857-3800.

Summary of Memorandum Opinion and Order

    1. On May 10, 1996, the Commission adopted a Report and Order, 61 
FR 28768, June 6, 1996, 11 FCC Rcd 12977 (1996), in WT Docket No. 95-
102 in which the Commission established the FRS, a very short distance, 
two-way voice personal radio service.
    2. In a Petition for Reconsideration filed July 5, 1996, The 
Personal Radio Steering Group (PRSG) requests a series of additional 
rules and rule changes which it argues are primarily designed to 
provide greater assurance that the FRS is used for its intended 
purposes. It also expresses concern that some users of FRS units may 
not share spectrum responsibly with other users, and requests that we 
adopt rule changes to maintain the integrity of the FRS as

[[Page 14640]]

a short distance, occasional use service for individuals. PRSG also 
requests that we relax interference standards when FRS units are 
transmitting on channels with the General Mobile Radio Service 
(``GMRS'').
    3. In a Petition for Partial Reconsideration, filed July 3, 1996, 
Michael C. Trahos (Trahos) requests that we conform the GMRS to the FRS 
rules by amending the GMRS rules to permit GMRS stations to communicate 
with FRS units. PRSG and Trahos assert that the GMRS rules restrict 
GMRS stations to communications with other GMRS stations.
    4. In addition, PRSG filed a Petition for Stay (``Stay'') 
requesting the implementation of the new FRS rules be stayed pending 
resolution of its reconsideration petition, and Motorola has filed a 
Request for Clarification requesting that we clarify that an antenna 
must be a non-detachable antenna to be an ``integral antenna'' within 
the meaning of the FRS rules.
    5. We conclude that revision of the FRS rules as requested by PRSG 
is unnecessary. PRSG essentially seeks to impose on FRS a much more 
restrictive regulatory environment than is warranted, based in large 
part on its speculative prediction that individuals may misuse the FRS. 
We note that during the two years that FRS has been authorized, the 
Bureau has not received any complaints of misuse of FRS units or 
harmful interference to GMRS users sharing channels with FRS. We 
further conclude that PRSG's and Trahos' requests to amend the GMRS 
rules stem from a misreading of the GMRS rules. Accordingly, we deny 
both petitions for reconsideration. We also deny PRSG's Petition for 
Stay and grant, in part, Motorola's request that we clarify that an 
integral antenna is not a detachable antenna.

Ordering Clauses

    6. This action is taken pursuant to the authority found in Sections 
4(i), 303, and 405 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303, and 405, and sections 1.106 and 1.429 of our rules, 
47 CFR 1.106 and 1.429.
    7. Accordingly, It is ordered that the Petition for Reconsideration 
submitted by the Personal Radio Steering Group, Inc. and the Petition 
for Partial Reconsideration submitted by Michael C. Trahos Are hereby 
denied.
    8. It is further ordered that the Request for Clarification filed 
by Motorola Is hereby granted to the extent indicated herein.
    9. It is further ordered that the Petition for Stay filed by the 
Personal Radio Steering Group, Inc. Is hereby denied.
    10. It is further ordered that this proceeding Is terminated.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-7496 Filed 3-25-99; 8:45 am]
BILLING CODE 6712-01-P