Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * |                              |
|                                  | * |                              |
| MCMURDO LIMITED                  | ) |                              |
|                                  | * |                              |
| Request for Waiver of Section    | * |                              |
| 80.1061 )                        |   |                              |
|                                  | * |                              |
| of the Commission\'s Rules       | * |                              |
| Governing )                      | ) |                              |
|                                  | * |                              |
| 406.025 MHz Emergency Position   | * |                              |
| Indicating Radio Beacons         |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**ORDER**

**Adopted: December 13, 2000 Released: December 19, 2000**

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

1.  *Introduction*. Under consideration is a request for waiver filed by
    McMurdo Limited (McMurdo) on October 16, 2000.[^1] McMurdo seeks
    waiver of Section 80.1061 of the Commission\'s Rules[^2] to permit
    use of the frequency 406.028 MHz for a new 406 MHz emergency
    position indicating radio beacon (EPIRB)[^3]. For the reasons
    discussed herein, we grant the requested waiver to permit the use of
    406.028 MHz.

2.  *Background*. Currently, 406 MHz EPIRBs transmit on frequency
    406.025 MHz.[^4] COSPAS/SARSAT,[^5] a joint international
    satellite-based search and rescue system established by Canada,
    Russia, and the United States to locate emergency radio beacons
    transmitting on 121.5 MHz and 406 MHz, has mandated that 406 MHz
    beacons type approved after January 1, 2002 shall transmit on
    406.028 MHz.[^6] The frequency change from 406.025 MHz to 406.028
    MHz is currently allowed as an option of the manufacturer, but will
    be mandatory for new beacon models presented for certification and
    approved by COSPAS/SARSAT after January 1, 2002.[^7] The United
    States Coast Guard (Coast Guard) has noted in its comments to WT
    Docket No. 00-48[^8] that COSPAS/SARSAT decided to migrate new
    satellite EPIRBs to 406.028 MHz in order to prevent saturation on
    the 406.025 MHz frequency.[^9] The Radio Technical Commission for
    Maritime Services (RTCM), an industry standards-setting
    organization, has updated the technical and performance standards
    for 406 MHz EPIRBs to reflect the international change.[^10]

3.  On October 16, 2000, McMurdo requested a waiver of Section 80.1061
    of the Commission's Rules to permit the use of frequency 406.028 MHz
    for a new 406 MHz EPIRB. Section 80.1061 of the Commission\'s Rules
    requires that 406 MHz EPIRBs must meet all the technical and
    performance standards contained in the RTCM document entitled "RTCM
    Recommended Standards for 406 MHz Satellite Emergency
    Position-Indicating Radiobeacons (EPIRBs)" dated July 31, 1987, with
    editorial updates of December 31, 1987. This RTCM standard requires
    that EPIRBs transmit on the frequency 406.025 MHz. McMurdo requests
    a waiver of the requirement that 406 MHz EPIRBs transmit on the
    frequency 406.025 MHz. Such a waiver would allow McMurdo to submit
    its 406.028 MHz EPIRB for certification in the United States. There
    is no provision in the Commission\'s Rules for operating on 406.028
    MHz as envisioned by the new COSPAS/SARSAT standards.[^11]
    Accordingly, certification of 406.028 MHz EPIRBs currently may not
    be obtained absent a waiver of Section 80.1061 of the Commission's
    Rules. On November 6, 2000, we placed McMurdo's request on public
    notice.[^12]

4.  *Discussion.* Section 1.925 of the Commission\'s Rules provides that
    we may grant a waiver if it is shown that (a) the underlying purpose
    of the rule(s) would not be served or would be frustrated by
    application to the instant case, and grant of the requested waiver
    would be in the public interest; or (b) in light of unique or
    unusual circumstances, application of the rule(s) would be
    inequitable, unduly burdensome, or contrary to the public interest,
    or the applicant has no reasonable alternative.[^13] We find that
    the waiver requested by McMurdo is warranted under the circumstances
    presented. Specifically, we conclude that the underlying purpose of
    the subject rule would not be served by application to the instant
    case and grant of the requested waiver would be in the public
    interest. We believe that a waiver would further the purpose of
    Section 80.1061, which is to ensure that 406 MHz EPIRBs are
    compatible with COSPAS/SARSAT satellites,[^14] given that
    COSPAS/SARSAT has decided to use 406.028 as the transmission
    frequency for the 406 MHz EPIRBs after January 2, 2002. In addition,
    we find that grant of the requested waiver would be in the public
    interest. In this connection, we believe that the use of the
    frequency mandated by COSPAS/SARSAT will relieve congestion on
    406.025 MHz, as well as provide a new frequency for distress
    alerting, thereby improving emergency communications. As noted
    above, RTCM has approved updated standards for the use of 406.028
    MHz for 406 MHz EPIRBs. Moreover, the National Oceanic and
    Atmospheric Administration (NOAA) and the Coast Guard fully support
    McMurdo's request for waiver.[^15] Thus, we conclude that McMurdo
    has made the requisite showing that a grant of a waiver of Section
    80.1061 of the Commission\'s Rules to permit certification of its
    new 406 MHz EPIRB is warranted under the circumstances presented.

5.  Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(i) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    303(i), and Section 1.925 of the Commission\'s Rules, 47 C.F.R. §
    1.925, that the Request for Waiver of Section 80.1061 filed by
    McMurdo Limited on October 16, 2000 is GRANTED subject to the
    condition that McMurdo meet the requirements set forth in RTCM
    Recommended Standards for 406 MHz Satellite Emergency
    Position-Indicating Radiobeacons (EPIRBs), Version 2.1, RTCM Paper
    82-2000/SC110-STD.

6.  IT IS FURTHER ORDERED that Section 80.1061 of the Commission's
    Rules, 47 C.F.R. § 80.1061, IS WAIVED to the extent necessary to
    permit certification of McMurdo's EPIRB, FCC Identification Number
    KLS-82-501.

7.  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

    D\'wana R. Terry

    Chief, Public Safety and Private Wireless Division

#  Wireless Telecommunications Bureau

[^1]: Letter to D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Federal Communications Commission from Richard
    Read, Senior Engineer, McMurdo Limited, dated October 16, 2000
    (*McMurdo Letter*).

[^2]: 47 C.F.R. § 80.1061.

[^3]: EPIRBs are small, battery powered transmitters carried on ships
    for the purpose of sending a distress signal in an emergency. *See*
    Temporary Waiver of the Maritime Service Rules (Part 80) to Permit
    Higher Power Operaiton of 406 MHz Emergency Position Indicating
    Radio Beacons, DA 92-1724, 8 FCC Rcd. 34 (1992).

[^4]: *See id.*

[^5]: COSPAS is an acronym for a Russian phrase meaning space system for
    search of vessels in distress. SARSAT stands for search and rescue
    satellite-aided tracking.

[^6]: Specifications for COSPAS/SARSAT 406 MHz Distress Beacons, C/S
    T.001, Issue 3 -- Revision 2, October 1998.

[^7]: *Id*.

[^8]: *See* Amendment of Part 13 and 80 of the Commission's Rules
    concerning Maritime Communications, *Notice of Proposed Rule Making
    and Memorandum Opinion and Order*, WT Docket No. 00-48, *15* FCC Rcd
    5942 (2000) (*Maritime NPRM*).

[^9]: Coast Guard Comments (WT Docket No. 00-48) at 26.

[^10]: RTCM Recommended Standards for 406 MHz Satellite Emergency
    Position-Indicating Radiobeacons (EPIRBs), Version 2.1, RTCM Paper
    82-2000/SC110-STD.

[^11]: We note, however, that the Commission currently is reviewing its
    Part 80 rules in WT Docket No. 00-48 to determine which regulations
    need to be updated. *See Maritime NPRM*, 15 FCC Rcd at 5944 ¶ 1.

[^12]: Wireless Telecommunication Bureau Seeks Comment on Request for
    Waiver by McMurdo Limited to Permit Use of Frequency 406.028 MH for
    406 MHz Emergency Position Indicating Radio Beacon (EPIRB), *Public
    Notice,* DA 00-2345 (WTB PSPWD rel. Nov. 6, 2000). We received two
    comments. The commenters were the Coast Guard and the National
    Oceanic and Atmospheric Administration (NOAA).

[^13]: 47 C.F.R. § 1.925(b)(3). *See also WAIT Radio v FCC*, 418 F. 2d
    1153, 1159 (D.C. Cir. 1969).

[^14]: *See* Amendment of the Maritime Service Rules to allow ships to
    use 406.025 MHz emergency position indicating radiobeacons for
    distress alerting and search and rescue functions, *Report and
    Order*, RM-5166, 3 FCC Rcd 5406, 5408 ¶ 18 (1988).

[^15]: NOAA comments at 1, Coast Guard comments at 1.