Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) |                              |
|                                  | \ |                              |
| GARMIN INTERNATIONAL, INC.       | ) |                              |
|                                  | \ |                              |
| Request for Waiver of Sections   | ) |                              |
| 95.29(f)(1), 95.119(a)(1),       | \ |                              |
| 95.181(a), 95.183(a)(4), and     | ) |                              |
| 95.631(a) and (f) of the         | \ |                              |
| Commission's Rules to Authorize  | ) |                              |
| Manufacture, Sale, and Use of    | \ |                              |
| GPS Transmission Enhanced GMRS   | ) |                              |
| Units                            | \ |                              |
|                                  | ) |                              |
|                                  | \ |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

ORDER

**Adopted: October 7, 2004 Released: October 27, 2004**

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau:

# introduction

1.  On May 15, 2003, Garmin International, Inc. (Garmin) filed a request
    for waiver of the General Mobile Radio Service (GMRS) rules.[^1]
    Specifically, Garmin seeks waiver of Sections 95.29(f)(1),
    95.119(a)(1), 95.181(a), 95.183(a)(4), and 95.631(a) and (f) of the
    Commission's Rules[^2] in order to receive FCC certification for a
    GMRS transceiver that is capable of transmitting F2D emissions to
    transmit location information derived from the Global Position
    System (GPS) and user-generated text messages.[^3] For the reasons
    stated below, Garmin's request for waiver of the Commission\'s Rules
    is granted.

# BACKGROUND

2.  The GMRS, originally the Class A Citizens Band Radio Service, was
    established over fifty years ago.[^4] It is a short-distance,
    two-way land mobile radio service available for communications that
    facilitate personal or business activities of licensees and their
    immediate family members.[^5]

3.  In 1996, the Commission established the Family Radio Service (FRS)
    as a very short range, two-way voice personal radio service to
    provide an affordable and convenient means of communications among
    small groups of persons, including families, with minimal
    regulation.[^6] The FRS shares frequencies in the 462 and 467 MHz
    bands with the GMRS.[^7]

4.  On June 22, 2000, Garmin, a designer and manufacturer of consumer
    electronic devices for the marine, aviation, automotive, and
    recreational markets, sought a waiver of Sections 95.193(a) and (b),
    and 95.631(d), of the Commission\'s Rules to allow it to manufacture
    and market transceivers capable of transmitting GPS location
    information on FRS channels.[^8] The Public Safety and Private
    Wireless Division (Division) of the Wireless Telecommunications
    Bureau granted the request on September 29, 2000, on the grounds
    that the technology would be useful for personal and public safety
    applications.[^9] Under its waiver grant, the Division permitted
    Garmin to receive FCC certification of a FRS unit that would permit
    users to transmit GPS location information using emission type F2D
    in a digital data burst of not more than one second.[^10]

5.  Subsequently, Garmin filed a petition for rulemaking seeking to
    amend the Commission's rules essentially to codify the terms of the
    waiver.[^11] On December 20, 2001, the Commission issued a *Notice
    of Proposed Rulemaking* in which it proposed amending Sections
    95.193(a) and (b), and 95.631(d), to revise the scope of permissible
    communications and emission types for FRS units.[^12] The Commission
    subsequently amended its rules in a *Report and Order* released on
    February 10, 2003, to permit FRS transceivers to transmit GPS
    location information (including automatic responses to interrogation
    \-- polling \-- from other units) and user-generated text
    messages.[^13]

6.  On May 15, 2003, Garmin filed the current waiver request.[^14] As
    noted above, Garmin seeks waiver of Sections 95.29(f)(1),
    95.119(a)(1), 95.181(a), 95.183(a)(4), and 95.631(a) and (f) of the
    Commission's Rules. Garmin states that it seeks to extend to GMRS
    licensees the public safety benefits of the location positioning
    technology that FRS users already enjoy.[^15] Like the FRS radios
    that Garmin manufactures, the proposed units would allow GMRS users
    to transmit text or location data to other GMRS users by manual
    action or command, and would automatically transmit GPS-derived
    location when polled by another unit, with the location of the
    transmitting unit displayed on the map of the receiving unit.[^16]
    Garmin asserts that here, as in the Division's FRS decision, grant
    of a rule waiver would serve the public interest.[^17]

7.  The waiver request was placed on public notice on August 18,
    2003.[^18] We received comments from Douglas M. Smith (Smith) on
    behalf of Popular Wireless Magazines and from the Personal Radio
    Steering Group, Inc. (PRSG). Garmin filed a reply to the comments.

# DISCUSSION

8.  We may grant a waiver if the underlying purpose of the rules would
    not be served or would be frustrated by application to the instant
    case, and waiver would be in the public interest; or, if in view of
    unique or unusual factual circumstances, application of the rules
    would be inequitable, unduly burdensome or contrary to the public
    interest, or the applicant has no reasonable alternative.[^19] For
    the reasons set forth below, we conclude that application of the
    rules to the instant case would frustrate the underlying purpose of
    the rules and that a waiver would be in the public interest.
    Accordingly, we grant Garmin's waiver request to the extent
    indicated below.

9.  As mentioned above, in the *FRS Report and Order*, the Commission
    found that the ability to transmit both voice and data would enhance
    the capabilities of that offering and provide the needed flexibility
    for the service to better serve the needs of the public.[^20] As
    Garmin states in its waiver request, the public benefits recognized
    in the *FRS Report and Order* are at least as true with respect to
    GMRS units, because GMRS units operate at higher power and thus
    cover a wider area.[^21] We find that the public safety applications
    of allowing transmissions of GPS location information and
    user-generated text messages would serve the public interest. The
    public safety benefits of allowing the transmission of GPS between
    these units will significantly enhance the ability of family or
    group members to locate lost group members, and enhance the
    usefulness of the GMRS to the public. We also conclude that the
    purpose of the GMRS rules would be frustrated by their strict
    application in this instance.

10. Two issues raised by the commenters warrant further discussion to
    ensure that this waiver is crafted to provide the relief necessary,
    without resulting in a departure from the basic nature of the GMRS:

11. *Station Identification*. The commenters expressed concern that
    granting the waiver request would, in essence, eliminate the
    requirement that GMRS licensees identify themselves by call sign
    after any transmission or communication.[^22] The commenters noted
    that the call sign identification requirement[^23] serves as an
    important tool in identifying and resolving interference on GMRS
    frequencies.[^24] In consideration of these comments, Garmin
    modified its waiver request.[^25] Garmin generally agrees with the
    commenters that GMRS users transmitting data or text should be held
    to the same station identification requirements as other GMRS
    users.[^26] It now seeks a waiver of the station identification
    requirement only with respect to those instances where the data is
    an automatic response to an interrogation for location
    information.[^27] We find that Garmin's modification adequately
    addresses the concerns raised by PSRG and Smith. We agree with
    Garmin that this exception is warranted because the life of an
    incapacitated user could be at stake and the user may not be able to
    respond to a location inquiry by manual action or command or to
    comply with station identification requirements.[^28] In addition,
    we note that the user that initiated the polling would have complied
    with the station identification requirement, so the identity of the
    polled unit could be obtained from that user if need be.

12. *Monitoring*. PRSG stresses the importance of maintaining the
    Commission's rules that require users to share channels
    cooperatively and to monitor frequencies before initiating a
    communications exchange and between transmissions during such an
    exchange.[^29] Garmin agrees that a user should be required to
    monitor prior to taking affirmative action to transmit text or
    location data, and does not seek a waiver of the monitoring
    requirement for such transmissions.[^30] It seeks a waiver only with
    respect to those instances where the data is an automatic response
    to an interrogation for location information, because the responding
    radio will not be capable of pre-transmission monitoring.[^31] We
    agree with Garmin that such a waiver is reasonable and will not
    undermine the purpose of the monitoring requirement, given that the
    responding radio's transmission will occur immediately following the
    interrogation (prior to which the polling user monitored the channel
    to confirm that it was vacant), so it will be highly unlikely that
    other radios will be using the same channel during that brief time
    period.[^32]

    **IV. CONCLUSION AND ORDERING CLAUSES**

13. We conclude that application of the rules to the instant case would
    frustrate the underlying purpose of the rules, which is to allow
    greater flexibility in its uses for personal communications. We also
    conclude that a waiver would serve the public interest because it
    could result in the GMRS being used for additional personal and
    public safety applications. Accordingly, we grant a two-year waiver
    to Garmin to permit it to manufacture and market GMRS transceivers
    capable of transmitting GPS location information on GMRS channels,
    subject to all of the conditions for transmitting location data and
    text in the FRS[^33] and the following additional conditions and
    requirements:

\--Garmin must design the units it proposes to manufacture such that the
mobile units capable of transmitting text and GPS location data have
integrated (*i.e*., non-detachable) antennas.

\--Garmin must design the units it proposes to manufacture such that
transmission of text and GPS location data is limited to 462 MHz GMRS
channels, as specified in Section 95.29(a) and (f); which channels are
not repeater input frequencies.

\--Garmin must design the units it proposes to manufacture such that
transmission of text and GPS location data is limited to an authorized
bandwidth of no more than 12.5 kHz.

\-- Garmin must design the units it proposes to manufacture such that a
unit cannot automatically (*i.e.*, without manual action or command)
poll other units to determine their location based on GPS-derived
location information.

\--Grant of this waiver is subject to the resolution of Garmin's pending
petition for rulemaking, RM-10762.

\--We may immediately terminate the waiver if harmful interference[^34]
is reported to the Commission.

14. Accordingly, IT IS ORDERED that pursuant to Sections 4(f) and 4(i)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(f),
    154(i), and Section 1.925 of the Commission\'s Rules, 47 C.F.R. §
    1.925, the waiver request filed by Garmin International, Inc. on
    June 22, 2000, IS GRANTED IN PART to the extent indicated herein for
    TWO YEARS from the release date of this *Order*.

15. This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131,
    0.331.

FEDERAL COMMUNICATIONS COMMISSION

Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: Letter dated May 15, 2003 from Garmin International, Inc. to
    D'wana Terry, Chief, Public Safety and Private Wireless Division,
    Wireless Telecommunications Bureau, Federal Communications
    Commission (Waiver Request). The Commission reorganized the Wireless
    Telecommunications Bureau effective November 13, 2003, and the
    relevant duties of the Public Safety and Private Wireless Division
    were assumed by the Public Safety and Critical Infrastructure
    Division. *See* Reorganization of the Wireless Telecommunications
    Bureau, *Order*, 18 FCC Rcd 25414, 25414 ¶ 2 (2003).

[^2]: *See* 47 C.F.R. §§ 95.29 (f)(1), 95.119 (a)(1), 95.181(a),
    95.183(a)(4), and 95.631(a) and (f). Garmin seeks waiver of the GMRS
    rules that require every GMRS transmission to be followed by station
    identification information, that allow only voice type emissions to
    be transmitted, that relate to permissible communications in the
    GMRS generally, that limit the types of emissions and data a GMRS
    transmitter is permitted to transmit, and that prohibit coded
    messages.

[^3]: Waiver Request at 1.

[^4]: Amendment of Subparts A and E of Part 95 to Improve the General
    Mobile Radio Service (GMRS), *Report and Order*, PR Docket No.
    87-265, 3 FCC Rcd 6554, 6554 ¶ 3 (1988).

[^5]: *See* 47 CFR §§ 95.1, 95.181.

[^6]: *See* Amendment of Part 95 of the Commission's Rules to Establish
    a Very Short Distance Two-way Radio Service, *Report and Order*, WT
    Docket No. 95-102, 11 FCC Rcd 12977, 12977 ¶ 2, 12983 ¶ 17 (1996).

[^7]: Specifically, FRS channels 1-7 are also GMRS frequencies and FRS
    channels 8-14 are offset from GMRS frequencies. *Compare* 47 C.F.R.
    § 96.621 (GMRS frequencies) *with* 47 C.F.R. § 95.627 (FRS
    frequencies).

[^8]: Letter dated Aug. 28, 2000 from Garmin International, Inc. to
    D'wana Terry, Chief, Public Safety and Private Wireless Division,
    Wireless Telecommunications Bureau, Federal Communications
    Commission.

[^9]: Garmin International, Inc*.*, *Order*, 15 FCC Rcd 19143, 19147 ¶
    10 (WTB PSPWD 2000).

[^10]: *Id.* at 19147-48 ¶ 10.

[^11]: *See* Garmin International, Inc., Petition for Rulemaking,
    RM-10070 (filed Dec. 26, 2000).

[^12]: Garmin International, Inc., Amendment of Sections 95.193(a) and
    95.631(d) to Authorize Manufacture, Sale and Use of GPS Transmission
    Enhanced Family Radio Service Units, and Amendment of Sections
    95.193(a), 95.193(b), and 95.631(d) of the Commission's Rules in the
    Family Radio Service, *Notice of Proposed Rulemaking*, WT Docket No.
    01-339, 16 FCC Rcd 22876 (2001).

[^13]: Garmin International, Inc., Amendment of Sections 95.193(a) and
    95.631(d) to Authorize Manufacture, Sale and Use of GPS Transmission
    Enhanced Family Radio Service Units, and Amendment of Sections
    95.193(a), 95.193(b), and 95.631(d) of the Commission's Rules in the
    Family Radio Service, *Report and Order*, 18 FCC Rcd 2349 (2003)
    (*FRS Report and Order*).

[^14]: Garmin also filed a petition for rulemaking. *See* Garmin
    International, Inc., Petition for Rulemaking, RM-10762 (filed July
    22, 2003). The rulemaking petition will be addressed in a separate
    proceeding.

[^15]: Waiver Request at 2.

[^16]: *Id*.

[^17]: *Id*. at 1-2 *citing* *FRS Report and Order*, 18 FCC Rcd 2349.

[^18]: Wireless Telecommunications Bureau Seeks Comment on Garmin
    International, Inc., Request for Waiver to Authorize General Mobile
    Radio Service Mobile Units Capable of Transmitting Global
    Positioning System Information, *Public Notice*, 18 FCC Rcd 16536
    (WTB PSPWD 2003).

[^19]: *See* 47 C.F.R. § 1.925(b)(3).

[^20]: *See FRS Report and Order*, 18 FCC Rcd at 2353-54 ¶¶ 8-11.

[^21]: Waiver Request at 2, 6.

[^22]: Smith Comments at 6; PRSG Comments at 3.

[^23]: *See* 47 C.F.R. § 95.119.

[^24]: Smith Comments at 6; PRSG Comments at 3.

[^25]: Garmin Supplemental Comments at 6.

[^26]: *Id.*

[^27]: *Id.*

[^28]: *Id.*

[^29]: PRSG Comments at 3.

[^30]: Garmin Supplemental Comments at 6.

[^31]: *Id*.

[^32]: *Id*.

[^33]: *See* 47 C.F.R. § 95.193(b)(2).

[^34]: Harmful interference for purposes of this waiver will be
    considered interference which endangers the functioning of a
    radionavigation service or of other safety services or seriously
    degrades, obstructs or repeatedly interrupts another
    radiocommunication service operating in accordance with the
    Commission's Rules or the international *Radio Regulations*.