**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

> )

Petition of Celtronix Telemetry, Inc. for ) Call Sign KIVD0054

Waiver of Sections 95.855(a) and 95.863 of )

The Commission's Rules to Provide a Vehicle )

Tracking Service in the Norfolk/Virginia Beach )

Metropolitan Statistical Area )

**ORDER**

**Adopted: November 17, 1999 Released: November 17, 1999**

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

**I. INTRODUCTION**

1\. Celtronix Telemetry, Inc. (Celtronix), a licensee in the 218-219 MHz
Service, requests a waiver of the Commission's Rules as part of its
planned operation of a vehicle tracking service in its license area.[^1]
For the reasons set forth below, we grant the petition.

**II. BACKGROUND**

2\. Celtronix is licensee of Station KIVD0054 in the 218-219 MHz Service
for the Norfolk-Virginia Beach Metropolitan Statistical Area (MSA). In
its Waiver Request, Celtronix describes its plans to provide a vehicle
tracking service by using a series of Cell Transceiver Stations (CTSs)
as base stations and Remote Transmitter Units (RTUs)[^2] deployed in
vehicles.[^3] Specifically, Celtronix seeks to operate mobile RTUs at up
to one watt with no duty cycle.[^4] To build this system, Celtronix
seeks waiver of two technical rules for the 218-219 MHz Service, namely,
Sections 95.955(a) and 95.863 of the Commission's Rules, 47 C.F.R. §§
95.955(a) and 95.863. Section 95.955(a) of the Commission's Rules limits
the effective radiated power (ERP) of mobile RTUs to 100 milliwatts.[^5]
Section 95.863 of the Commission's Rules prescribes a maximum
five-second-per-hour duty cycle for each RTU.[^6]

3\. At the time Celtronix filed the Waiver Request, the Commission was
in the process of revising its rules for the 218-219 MHz band.
Originally allocated as the Interactive Video and Data Service, the
218-219 MHz Service was designed as a short-distance communications
service in which licensees could provide information or services to
individual subscribers and those subscribers could provide interactive
responses.[^7] The technical rules for the 218-219 MHz band were
designed to support a specific service model -- a television set-top
unit.[^8] On September 7, 1999, the Commission adopted changes to the
218-219 MHz Service rules that were designed to "allow 218-219 MHz
Service providers to fully utilize the spectrum," with the expectation
that the "rule changes will foster full and effective development and
deployment of the 218-219 MHz Service."[^9] In recognition of the
variety of systems that could now develop in the 218-219 MHz Service,
the Commission largely replaced specific technical rules with a general
requirement that systems not interfere with television reception within
a TV Channel 13 station's Grade B predicted contour.[^10] In this
connection, we note that Section 95.855 of the Commission's Rules was
modified to limit mobile RTU transmissions to four watts, and Section
95.863 -- the duty cycle limitation -- was removed. [^11]

**III. DISCUSSION**

4\. Section 1.3 of the Commission's Rules allows the waiver of a rule
provision "if special circumstances warrant a deviation from the general
rule and such deviation will serve the public interest." [^12] Celtronix
claims that a special circumstance exists because the underlying purpose
of the rules will not be served. While we recognize that the technical
rules at issue are designed to protect TV Channel 13 reception from
218-219 MHz Service systems,[^13] we nonetheless note that Celtronix
indicates that it has performed tests, in conjunction with the
Technology Applications Center of Norfolk and the Engineering Department
of Old Dominion University, demonstrating that mobile RTUs operating in
excess of 100 milliwatts with no duty cycle in Celtronix's service area
do not present an interference concern for TV Channel 13
operations.[^14] Moreover, Celtronix describes how it has operated
mobile RTUs under an experimental license since the fall of 1998 without
interference complaints from TV Channel 13 licensees or viewers.[^15] We
further note that in the *218-219 MHz Service R&O*, the Commission
concluded that the "general rules" of which Celtronix seeks a waiver are
no longer necessary. We believe that grant of the requested waiver would
be consistent with the Commission's determination that certain technical
rules "provide a measure of interference protection that may not be
necessary in all cases."[^16] We further believe that grant of a waiver
in this instance would allow Celtronix to deploy a system that will be
permissible without waiver once the newly adopted rules take effect. We
conclude that these factors, taken together, constitute "special
circumstances" within the meaning of Section 1.3 of the Commission's
Rules.

5\. Moreover, we are convinced that the public interest will be served
by the grant of the instant waiver. An important goal of the
Commission's 218-219 MHz Service proceeding was to "encourage
competition and provide services to the largest feasible number of users
within the 218-219 MHz band."[^17] Celtronix has identified a service it
believes will be commercially viable and responsive to public need --
vehicle tracking services. It also notes that the Commission has
previously recognized that the provision of vehicle tracking services is
beneficial to the public.[^18] For these reasons, we conclude that it
would not serve the public interest to delay the deployment of
Celtronix's service.[^19] Moreover, because Celtronix proposes
operations that are consistent with the newly adopted rules, we do not
believe that the public interest would be furthered by requiring
Celtronix to wait until the effective date of the rules to commence
operations.

6\. Although we grant the instant waiver request, we reiterate that our
action here does not relieve Celtronix from its obligations to comply
with the interference protection requirements of Section 95.861 of the
Commission's Rules.[^20] We require Celtronix to take appropriate
measures under that rule to identify and mitigate any interference its
218-219 MHz Service system may cause, regardless of the power or duty
cycles it uses. In addition, on our own motion, we grant Celtronix a
waiver to operate its mobile RTUs with up to four watts ERP. Although
Celtronix proposed a maximum one-watt output, a four-watt limit is
consistent with our recently adopted but not-yet-effective rules.

**III. CONCLUSION**

7\. We conclude that Celtronix has demonstrated good cause exists for
the grant of its waiver request, and we will allow operation of mobile
RTUs within its licensed service area at up to four watts and with no
duty cycle. This waiver will continue until the rules adopted in WT
Docket No. 98-169 on September 7, 1999, become effective.

**IV. ORDERING CLAUSES**

8\. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), and
Sections 1.3 and 90.305 of the Commission's Rules, 47 C.F.R. §§ 1.3,
90.305, the request by Celtronix Telemetry, Inc. to operate RTUs in its
licensed service area in excess of 100 milliwatts and with no duty
cycle, filed June 22, 1998, IS GRANTED to the extent described above.

9\. 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]: Celtronix Telemetry, Inc., Petition for Waiver (April 27, 1999)
    (Waiver Request).

[^2]: Together, the components of a 218-219 MHz Service system are the
    administrative apparatus, the RTUs, and one or more CTS. 47 C.F.R. §
    95.803(b). In the original service model for this band, the CTS was
    envisioned as a base site that would communicate with multiple RTUs
    placed in subscribers' homes. *See generally* Amendment of Part 95
    of the Commission's Rules to Provide Regulatory Flexibility in the
    218-219 MHz Service, *Report and Order and Memorandum Opinion and
    Order*, WT Docket No. 98-169, FCC 99-239, ¶ 6 (*218-219 MHz Service
    R&O*).

[^3]: Waiver Request at 1-2.

[^4]: *Id.* at 1.

[^5]: ^?^47 C.F.R. § 95.955(a).

[^6]: 47 C.F.R. § 95.863.

[^7]: ^?^Amendment of Part 95 of the Commission's Rules to Provide
    Regulatory Flexibility in the 218-219 MHz Service, *Order,
    Memorandum Opinion and Order, and Notice of Proposed Rulemaking*, 13
    FCC Rcd 19064, 19065 ¶ 1.

[^8]: ^?^*See generally* *218-219 MHz Service R&O*, ¶¶ 13 and 99.

[^9]: ^?^*Id.*, ¶ 14.

[^10]: ^?^*Id*., ¶ 112.

[^11]: 56 Fed. Reg. 69,656 (1999). The final rules are scheduled to take
    effect 60 days after their Nov. 3, 1999, publication in the *Federal
    Register*.

[^12]: 47 C.F.R. § 1.3. Celtronix cites Section 1.925 of our Rules, 47
    C.F.R. § 1.925, as the basis under which we consider waiver requests
    in the Wireless Radio Services. We note, however, that these waiver
    rules were not yet in effect at the time of Celtronix's filing, and
    that we have previously used a Section 1.3 analysis when evaluating
    waiver requests in the 218-219 MHz Service. Request of Licensees in
    the 218-219 MHz Service for Waiver of the Five-Year Construction
    Deadline, *Order*, 14 FCC Rcd 5190 (1999).

[^13]: *218-219 MHz Service R&O*, ¶ 96.

[^14]: Waiver Request at 4 and Attachment A.

[^15]: *Id.* at 4.

[^16]: *218-219 MHz Service R&O*, ¶ 99.

[^17]: *Id*., ¶ 1.

[^18]: Celtronix Waiver Request at 6 (citing Amendment of Part 90 of the
    Commission's Rules to Adopt Regulations for Automatic Vehicle
    Monitoring Systems, PR Docket No. 93-61, *Report and Order*, 10 FCC
    Rcd 4695). These public interest functions include, *inter alia*,
    allowing the efficient use of fleet vehicles, encouraging efficient
    energy use, reducing harmful automobile emissions, and increasing
    national productivity. *Id.*

[^19]: *See 218-219 MHz Service R&O* at para. 12 for a discussion of the
    difficulties licensees have had in developing services for the
    218-219 MHz Service under the prior service rules.

[^20]: 47 C.F.R. § 95.861. The Commission revised these provisions in
    the *218-219 MHz Service R&O.*