[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Proposed Rules]
[Pages 1710-1712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-787]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 95

[WT Docket No. 01-339; FCC 01-366]


Garmin International, Inc.

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this Notice of Proposed Rule Making (NPRM), the FCC 
proposes to amend Commission's rules to authorize Family Radio Service 
(FRS) units to transmit an additional emission type and to revise the 
permissible communications rule that applies to FRS units. These rule 
changes could allow a new and incidental use of the FRS, a short-range 
two-way voice communication service used by small groups of persons.

DATES: Written comments by the public on the proposed are due on or 
before February 13, 2002 and reply comments are due on or before 
February 28, 2002.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
Room TW-B204, 445 Twelfth Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: William Cross, Wireless 
Telecommunications Bureau, at (202) 418-0691.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rule Making, FCC 01-366, 
adopted on December 12, 2001 and released on December 20, 2001. The 
full text of this Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at 
www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Martha Contee at (202) 418-0260 or TTY (202) 
418-2555.
    1. This NPRM seeks comment on a proposal to amend Secs. 95.193(a), 
95.193(b), and 95.631(d) of the Commission's rules to authorize Family 
Radio Service (FRS) units to transmit an additional emission type and 
to revise the permissible communications rule that applies to FRS 
units. In its Petition, Garmin International, Inc. (Garmin) proposes to 
allow FRS units to transmit Global Positioning System (GPS) location 
information using emission type F2D in a digital data burst of not more 
than one second. Prior to the submission of the Petition, Garmin sought 
a waiver (Waiver Request) of Secs. 95.193(a), 95.193(b), and 95.631(d) 
of the Commission's rules to allow it to manufacture and market 
inexpensive handheld FRS transceivers capable of transmitting GPS 
location information on FRS channels. The Public Safety and Private 
Wireless Division (Division) of the Wireless Telecommunications Bureau 
granted a one-year waiver of the

[[Page 1711]]

FRS Rules on September 29, 2000. On reconsideration, the Division 
extended the term of the waiver grant to two years, subject to the 
resolution of the Petition. We believe that these rule changes could 
allow a new and incidental use of the FRS, a short-range two-way voice 
communication service used by small groups of persons. Therefore, we 
are initiating this rulemaking proceeding to propose a modification of 
the authorized emission types and permissible communications rules.

Procedural Matters

    2. Initial Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980, as amended (RFA), requires that an initial 
regulatory flexibility analysis be prepared for notice and comment rule 
making proceedings, unless the agency certifies that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    3. In this NPRM, we propose to authorize an individual to use a FRS 
unit to satisfy his or her need for non-voice communications for the 
purpose of providing information about the location of the FRS unit to 
other FRS units. The proposed rules apply exclusively to individuals 
who use FRS units. Such modification would be in the public interest 
because it would allow the public to take advantage of technological 
developments in equipment and service that have occurred since the 
authorization of the FRS, availability of equipment at reasonable 
prices, and the removal of Selective Availability from the GPS signal.
    4. In addition, the rules proposed in this NPRM, potentially could 
affect manufactures of FRS units. Based on requests from manufactures 
for certification of FRS units, we believe that there are between 5 and 
10 manufactures of FRS units and that none of these manufactures are 
small entities. The proposed rule change, if adopted, applies to 
individuals who use FRS units and does not result in a mandatory change 
in manufactured FRS units. Rather, the proposed rule change is 
permissive and would allow a manufacture, if it so chose, to include 
additional features in the FRS units it manufactured. Therefore, we 
certify that the proposals in this NPRM, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the NPRM, including a copy of this 
Initial Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the SBA. This initial certification will also be published 
in the Federal Register.
    5. Paperwork Reduction Analysis. This NPRM does not contain either 
a proposed or modified information collection requirement.
    6. Ex Parte Rules Presentations. This is a permit-but-disclose 
notice and comment rulemaking proceeding. Ex parte presentations are 
permitted, except during the Sunshine Agenda period, provided they are 
disclosed as provided in the Commission's rules. See generally 47 CFR 
1.1202, 1.1203, 1.1206(a).
    7. Alternative formats. Alternative formats (computer diskette, 
large print, audiocassette, and Braille) are available from Brian 
Millin at (202) 418-7426, TTY (202) 418-7365, or at [email protected]. 
This NPRM can also be downloaded at http://www.fcc.gov/dtf.
    8. Comment Dates. pursuant to sections 1.415 and 1.419 of the 
Commission's rules, 47 CFR 1.415, 1.419, interested parties may file 
comments are due on or before February 13, 2002, and reply comments are 
due on or before February 28, 2002. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies.
    9. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, one copy of an electronic submission must be filed. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to [email protected], and should include 
the following words in the body of the message, ``get form your e-mail 
address>.'' A sample form and directions will be sent in reply.
    10. Parties who chose to file by paper must file an original and 
four copies of each filing. The docket number appearing in the caption 
of this proceeding must appear in each comment or filing. All filings 
must be sent to the Commission's Secretary, Magalie Roman Salas, Office 
of the Secretary, Federal Communications Commission, 445 12th Street, 
SW., Room TW-B204, Washington, DC 20554.
    11. For further information, contact the Policy and Rules Branch, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, (202) 418-0680, TTY (202) 418-7233, or via 
e-mail at [email protected].

A. Ordering Clauses

    12. Pursuant to sections 4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 
303(r), notice is hereby given of proposed amendment to 
Secs. 95.193(a), 95.193(b), and 95.631(d) of the Commission's Rules, 47 
CFR 95.193(a), 95.193(b), and 95.631(d), as described above.
    13. The Petition for Rulemaking, RM-10070, submitted by Garmin 
International, Inc., on December 26, 2000, is granted to the extent 
indicated herein.
    14. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Notice of Proposed 
Rulemaking, including the Initial Regulatory Flexibility Certification, 
to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 95

    Radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 95 as follows:
    1. The authority citation for Part 95 continues to read as follows:

    Authority: Sections 4, 303, 48 Stat. 1066, 1082 as amended; 47 
U.S.C. 154, 303.

    2. Section 95.193 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 95.193  (FRS Rule 3) Types of communications.

    (a) You may use an FRS unit to conduct two-way voice communications 
with another person. You may use an FRS unit to transmit one-way voice 
or non-voice communications only to establish communications with 
another person, send an emergency message, provide traveler assistance, 
provide

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location information, make a voice page, or to conduct a brief test.
    (b) The FRS unit may transmit tones to make contact or to continue 
communications with a particular FRS unit. If the tone is audible (more 
than 300 Hertz), it must be transmitted continuously no longer than 15 
seconds at one time. If the tone is subaudible (300 Hertz or less), it 
may be transmitted continuously only while you are talking. The FRS 
unit may transmit digital data containing location information. Digital 
data transmissions shall not exceed one second, must be initiated by a 
manual key press, and shall be limited to no more than one digital 
transmission within a ten-second period.
* * * * *
    3. Section 95.631 is amended by revising paragraph (d) to read as 
follows:


Sec. 95.631  Emission types.

* * * * *
    (d) An FRS unit may transmit only emission type F3E or F2D. A non-
voice emission is limited to selective calling or tone-operated squelch 
tones to establish or continue voice communications or digital data 
transmission of location information.
* * * * *
[FR Doc. 02-787 Filed 1-11-02; 8:45 am]
BILLING CODE 6712-01-P