**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | RM-11002                     |
|                                  | *) |                              |
| GPS Networking, Inc.             | ** |                              |
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| Petition for Rulemaking of the   | *  |                              |
| Part 15 Regulations and Request  | *) |                              |
| for Waiver of the Part 2         | ** |                              |
| Marketing Regulations            |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: June 30, 2005 Released: July 6, 2005**

By the Commission:

# Introduction

1.  By this action, we are denying a Petition for Rulemaking and a
    Request for Waiver by GPS Networking, Inc. Specifically, GPS
    Networking requests that the Commission amend Section 15.211 of its
    regulations regarding tunnel radio systems, 47 C.F.R. § 15.211, or
    other regulations as deemed necessary, to permit GPS Networking to
    market a "re-radiation" kit for Global Positioning Satellite (GPS)
    signals. It also requests that the Commission grant a waiver of
    Section 2.803 of its marketing regulations, 47 C.F.R. § 2.803, to
    permit GPS Networking to market this equipment prior to obtaining a
    grant of equipment authorization while the rulemaking petition is
    being addressed.

2.  A Public Notice soliciting comments on the petition was issued on
    June 25, 2004.[^1] The U.S. GPS Industry Council (USGPSIC) and the
    National Telecommunications and Information Administration (NTIA)
    filed objections; no supporting comments were received. For the
    reasons discussed below, we conclude that the Petition for
    Rulemaking does not warrant consideration at this time and that a
    waiver of our marketing rules would not serve the public interest.

# Discussion

3.  The re-radiation kit described in the GPS Networking petition and
    comments is a booster station that covers, at a minimum, the L1
    (1575.42 MHz) and L2 (1227.6 MHz) GPS bands.[^2] The equipment
    consists of a receive antenna, an amplifier to boost the signal
    level, and a radiating antenna. The receive antenna is located
    outside of a building and the radiating antenna is placed inside the
    building in order to facilitate indoor reception of the GPS signals.
    The petitioner states that its GPS booster station operates at an
    output power level of 0.0001 picowatts (-130 dBm) and that this is
    the power level that was specified in GPS Networking's experimental
    license. However, the measured output level from the radiating
    antenna, as performed by MET Laboratories, Inc., is 72.5 dBuV/m at a
    distance of one meter. This is equivalent to an EIRP of
    approximately ‑22.73 dBm.

4.  GPS Networking requests that the Commission modify its rules so that
    its equipment may be classified as a tunnel radio system under
    Section 15.211 of our rules. Such a classification would permit
    operation within a building at any power level provided the signal
    outside of the building does not exceed the general emission limits
    specified in 47 C.F.R. § 15.209 of our rules. GPS Networking states
    that it could add a "kill" switch to deactivate its booster station,
    or could employ "hooding" or shielding, when an outside opening is
    present.

5.  In its opposition to GPS Networking's petition, NTIA notes that
    several federal agencies have shown interest in using GPS
    re-radiating devices for testing and experiments at facilities
    typically under the control of the organization operating the
    re-radiator, but that careful examination is needed to assess
    whether the wide variety of applications suggested by GPS
    Networking, which are not limited to controlled environments, may
    increase the potential of interference to GPS operations.[^3] NTIA
    also notes that the petition contains conflicting and incomplete
    technical characteristics that make it impossible to assess whether
    the proposed re-radiation system is compatible with other GPS
    receiver applications, including those using GPS receivers designed
    to process very low receive signals and the Commission's
    enhanced-911 (E-911) requirements.[^4] NTIA and USGPSIC concur that
    the re-radiator system has the potential to "spoof" a GPS signal and
    provide misleading location information, a situation that needs
    further study.[^5] NTIA and USGPSIC object to authorizing GPS
    re-radiator systems as unlicensed devices under Part 15 in the
    restricted GPS bands (*see* paragraph 8, *infra*), and note in
    particular that the potential applications cited by GPS Networking
    are not similar to those allowed as tunnel radio systems under
    Section 15.211(a) of the Commission's rules.[^6] USGPSIC suggests
    that GPS re-radiator systems be individually licensed with
    conditions appropriate to the installation to avoid interference to
    other GPS operations.

6.  In reply comments, GPS Networking suggests that the Commission could
    limit sale of "re-radiation kits" to a limited pool of purchasers,
    create a certification process for installed kits, and create an
    on-line database listing kit purchasers and showing where stations
    are installed.

7.  We conclude that GPS Networking's Petition for Rulemaking raises
    significant issues that need further study and thus does not warrant
    consideration at this time. At the outset, we do not find the
    operation of the GPS Networking booster station to be analogous to
    operation within a tunnel or mine as provided under Section
    15.211(a). Section 15.211(a) permits the operation of a radio system
    that is contained solely within a tunnel, mine or other structure
    because the presence of naturally surrounding earth and/or water
    with limited openings to the outside provides attenuation to the
    radiated signal and thus reduces the potential for interference to
    authorized users of the spectrum. Any intentional or unintentional
    radiator external to the tunnel, mine or structure is subject to
    other applicable emission limits under Part 15. In addition, the
    total electromagnetic field from a tunnel radio system on any
    frequency outside the tunnel, mine or structure must meet other
    applicable emission limits under Part 15, with particular attention
    given to emissions from any opening in the structure to the outside
    environment. Unlike a tunnel radio system, the GPS Networking
    booster station is installed inside a building. A building is likely
    to provide significantly less attenuation to the emissions than
    surrounding earth or water and typically would have more openings to
    the outside environment, both of which further increase the
    likelihood of interference. Further, each tunnel radio system must
    be individually measured to demonstrate compliance with the
    standards. Because the use of tunnel radio systems is limited, this
    measurement requirement is feasible. However, a GPS booster system,
    as characterized by GPS Networking, is likely to be more widely
    marketed and deployed, raising questions about the feasibility of
    requiring separate on-site measurement and certification for every
    installation. Further, the discrepancies about the described and
    actual output power level of GPS Networking's booster stations raise
    additional questions.

8.  We also are concerned that the requested changes to the regulations
    would permit unlicensed operation within the restricted bands within
    which intentional radiators, including booster stations, are
    prohibited from emitting any signals other than spurious emissions.
    [^7] The GPS frequency bands are contained within the restricted
    bands. These restricted bands represent allocations for authorized
    radio services that concern safety-of-life applications or that,
    because of the nature of their operation, require the reception of
    extremely low signal levels. Again, particularly given the
    discrepancies about the output power level of the booster stations,
    we are concerned about the prospect of permitting widespread
    operation of these kits in the restricted bands.

9.  We note that GPS Networking, in its reply comments, expresses its
    willingness to meet with the U.S. GPS Industry Council and other
    interested parties to determine mutually acceptable conditions
    governing the operation of GPS booster stations that could lead to
    additional filings with the Commission. Our denial of this petition
    does not preclude GPS Networking from filing new proposals for our
    future consideration, particularly those that may result from such
    meetings with the U.S. GPS Industry Council and other interested
    parties.

10. With regard to the request that we waive Section 2.803 of our rules
    to permit GPS Networking to market this equipment prior to equipment
    authorization while the rulemaking petition is being addressed, this
    request is moot because we decline to initiate a rulemaking
    proceeding at this time. Furthermore, we conclude that a waiver is
    not warranted in this case. It is a well established principle that
    the Commission will waive its rules if it determines, after careful
    consideration, that such a grant would serve the public interest
    without undermining the policy which the rule in question is
    intended to serve.[^8] The purpose of the marketing rule is to
    ensure that radio devices meet applicable requirements and thus
    reduce the risk of interference. Because we believe that GPS booster
    stations pose an increased risk of interference and require further
    study, as discussed above, we conclude that granting this waiver
    request would undermine the purposes served by this rule and would
    not be in the public interest.

# ORDERING CLAUSES

11. Based on the above, we conclude that the Petition for Rulemaking
    does not warrant consideration at this time and that a waiver of our
    marketing rules would not serve the public interest. Accordingly, IT
    IS ORDERED that the Petition for Rulemaking and the Request for
    Waiver filed by GPS Networking, Inc. ARE DENIED. This action is
    taken pursuant to Sections 4(i), 302, 303(e), and 303(r) of the
    Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i),
    302, 303(e), and 303(r).

12. For further information regarding this Order, contact John A. Reed,
    Office of Engineering and Technology, (202) 418-2455,
    [john.reed@fcc.gov](mailto:jreed@fcc.gov).

    FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: *See* Public Notice , Report No. 2662, released June 25, 2004,
    regarding RM-11002.

[^2]: The L2 GPS band is allocated exclusively to the Federal Government
    while the L1 GPS band is shared co-equally between the Federal
    Government and non-Government operations.

[^3]: *See* Letter from Fredrick R. Wentland, NTIA to Edmond J. Thomas,
    FCC, January 31, 2005.

[^4]: USGPSIC also argues that the re-radiator system could interfere
    with accurate E-911 location reporting. *See* USGPSIC Reply
    Comments, July 26, 2004.

[^5]: In "spoofing," the signal generated by a GPS re-radiator could
    cause an active GPS receiver to lock onto a signal that appears
    legitimate but is not, and create signal position, velocity and
    timing errors.

[^6]: 47 C.F.R. § 15.211(a).

[^7]: *See* 47 C.F.R. § 15.205.

[^8]: *See* *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).