[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9900-9902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4869]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 01-339; RM-10070; FCC 03-26]


Garmin International, Inc.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission (FCC) 
amends its rules to permit Family Radio Service (FRS) units to transmit 
global positioning system (GPS) location information using emission 
type F2D in a digital burst of not more than one second, and to permit 
brief text messaging between FRS units. With the exception of 
automatically responding to interrogation requests spaced less than 30 
seconds apart, an FRS unit shall limit transmission of digital data 
containing location information, requesting location information from 
any other FRS unit, or containing any brief text message to another FRS 
unit, to no more than once within any thirty-second period. The 
amendment will better serve the public interest by allowing FRS units 
equipped to transmit location information utilizing GPS technology and 
permit communication between FRS units through the use of brief text 
messaging. Equipped with GPS, an enhanced unit can be used to locate a 
lost family or group member in the woods, or at an amusement park. FRS 
units capable of transmitting brief text messages will likely reduce 
channel congestion and increase the usefulness of the service.

DATES: Effective April 2, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Jeannie Benfaida, Public Safety 
and Private Wireless Division, Wireless Telecommunications Bureau, 
(202) 418-0680, TTY (202) 418-7233, or via E-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Report and 
Order, FCC 03-26, adopted on February 3, 2003, and released on February 
10, 2003. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
445 12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the FCC'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 Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at [email protected].
    1. On December 20, 2001, we proposed to amend Sec. Sec.  95.193(a), 
95.193(b), and 95.631(d) of our Rules to revise the scope of 
permissible communications and emission types for FRS units. We 
initiated this proceeding in response to a petition filed by Garmin 
International, Inc. (Garmin), requesting that FRS units be allowed to 
transmit GPS location information using emission type F2D in a digital 
data burst of not more than one second. For the reasons explained 
further, we are revising our FRS rules to modify the authorized 
emission types and permissible communications to allow a new and 
incidental use of the FRS. We

[[Page 9901]]

believe that permitting the transmission of location information and 
text messages over FRS channels will benefit the public.

Procedural Matters

    1. Final 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 
rulemaking 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).
    2. In this Report and Order, we 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 or transmitting text messages. The revised rules 
apply exclusively to individuals who use FRS units. The modifications 
are in the public interest because they 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.
    3. In addition, the rules modified in this Report and Order affect 
manufacturers of FRS units. Based on requests from manufacturers for 
certification of FRS units, we believe that there are between five and 
ten manufacturers of FRS units, and that none of these manufacturers 
are small entities. The rule change applies to individuals who use FRS 
units and does not result in a mandatory change in manufactured FRS 
units. Rather, the rule changes are permissive and would allow a 
manufacturer, if it so chooses, to include additional features in the 
FRS units it manufactures. Therefore, we certify that the modification 
in this Report and Order will not have a significant economic impact on 
a substantial number of small entities. The FCC will send a copy of the 
Report and Order, including a copy of this Final Regulatory Flexibility 
Certification, in a report to Congress pursuant to the Congressional 
Review Act. In addition, the Report and Order and this final 
certification will be sent to the Chief Counsel for Advocacy of the 
SBA, and will be published in the Federal Register.
    4. Paperwork Reduction Analysis. This Report and Order does not 
contain any new or modified information collection. Therefore it is not 
subject to the requirements for a paperwork reduction analysis, and the 
FCC has not performed one.

Ordering Clauses

    5. 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), that sections 95.193(a), 95.193(b), and 95.631(d) of the FCC's 
rules, 47 CFR 95.193(a), 95.193(b), and 95.631(d), are amended as set 
forth, effective April 2, 2003.
    6. The FCC's Consumer and Governmental Affairs Bureau, Reference 
Information Center, shall send a copy of this Report and Order, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    7. This proceeding is terminated.

List of Subjects in 47 CFR Part 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble the FCC amends 47 CFR 
part 95 as follows:

PART 95--PERSONAL RADIO SERVICE

    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 location information, transmit a brief text message, make a 
voice page, or to conduct a brief test.
    (b) Non-voice communications. (1) 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.
    (2) The FRS unit may transmit digital data containing location 
information, or requesting location information from one or more other 
FRS units, or containing a brief text message to another specific FRS 
unit. Digital data transmissions must be initiated by a manual action 
or command of a user, except that an FRS unit receiving an 
interrogation request may automatically respond with its location. 
Digital data transmissions shall not exceed one second, and shall be 
limited to no more than one digital transmission within a thirty-second 
period, except that an FRS unit may automatically respond to more than 
one interrogation request received within a thirty-second period.
* * * * *

    3. Section 95.194 is amended by adding paragraph (d) to read as 
follows:


Sec.  95.194  (FRS Rule 4) FRS Units.

* * * * *
    (d) FRS units are prohibited from transmitting data in store-and-
forward packet operation mode.

    4. Section 95.401 is amended by revising the paragraph (b) as 
follows:


Sec.  95.401  (CB Rule 1) What are the Citizen Band Radio Services?

* * * * *
    (b) The Family Radio Service (FRS)--a private, two-way, very short-
distance voice and data communications service for facilitating family 
and group activities. The rules for this service are contained in 
subpart B of this part.
* * * * *

    5. 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, digital data

[[Page 9902]]

transmission of location information or text messaging.
* * * * *

    4. Section 95.633 is amended by revising paragraph (c) to read as 
follows:


Sec.  95.633  Emission bandwidth.

* * * * *
    (c) The authorized bandwidth for emission type F3E or F2D 
transmitted by a FRS unit is 12.5 kHz.
* * * * *
[FR Doc. 03-4869 Filed 2-28-03; 8:45 am]
BILLING CODE 6712-01-P