**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 01-339         |
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| GARMIN INTERNATIONAL, INC.       | ) | RM -- 10070                  |
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| Amendment of Sections 95.193(a)  | * |                              |
| and 95.631(d) to Authorize       |   |                              |
| Manufacture, Sale and Use of GPS | * |                              |
| Transmission Enhanced Family     | * |                              |
| Radio Service Units              | ) |                              |
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| Amendment of Sections 95.193(a), | * |                              |
| 95.193(b), and 95.631(d) of the  |   |                              |
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**REPORT AND ORDER**

**Adopted: February 3, 2003 Released: February 10, 2003**

By the Commission: Commissioner Abernathy issuing a statement.

Table of Contents

Heading Paragraph

I. INTRODUCTION 1

II\. BACKGROUND 2

III\. DISCUSSION. 5

A. Transmission of Non-Voice Communications on FRS Channels 5

> B. Avoiding Congestion on FRS Channels 14

Duty Cycle 16

Channel Lockout 17

Channel Restrictions 18

Bandwidth Reduction 19

C.  Initiation of Transmission of Location Information 20

Manual Initiation 20

Permitting One FRS Unit to Poll Other FRS Units 21

D.  Display of Location Information 23

> E. Interference to SDARS 25

IV\. CONCLUSION 26

V. PROCEDURAL MATTERS 27

Final Regulatory Flexibility Certification 27

Paperwork Reduction Act Analysis 30

Alternative Formats 32

VI\. ORDERING CLAUSES 33

APPENDIX - Final Rules

# INTRODUCTION

1.  On December 20, 2001, we proposed to amend Sections 95.193(a),
    95.193(b), and 95.631(d) of our Rules[^1] to revise the scope of
    permissible communications and emission types for Family Radio
    Service (FRS) units.[^2] We initiated this proceeding in response to
    a petition filed by Garmin International, Inc. (Garmin), requesting
    that FRS units be allowed to transmit Global Positioning System
    (GPS) location information using emission type F2D[^3] in a digital
    data burst of not more than one second.[^4] For the reasons
    explained below, 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 believe that permitting the
    transmission of location information and text messages over FRS
    channels will benefit the public.

# BACKGROUND

2.  In 1996, the Commission established the FRS as a very short range,
    two-way voice personal radio service.[^5] The *FRS Report and Order*
    established the FRS primarily on the basis that it would fill a
    market niche in short distance, personal communications needs.[^6]
    The FRS shares two small frequency bands in the 462 and 467 MHz
    range with the General Mobile Radio Service (GMRS).[^7]

3.  The Commission established FRS as a two-way, voice personal radio
    service to provide an affordable and convenient means of direct,
    short-range two-way voice communications among small groups of
    persons, including families, with minimal regulation.[^8]
    Accordingly, our current rules authorize persons to use FRS units to
    conduct two-way voice communications.[^9] One-way transmissions are
    permitted only for emergency messages or to establish two-way
    communications.[^10] In this connection, the Commission noted that
    FRS would enhance public and personal safety and service to
    individuals, including individuals with disabilities and parents
    wanting to keep in touch with, *e.g.,* locate, their children.[^11]
    Because FRS is a voice radio service, nonvoice type emissions
    generally are not permitted under the current rules, except when
    used to make contact or continue voice communications with a
    particular FRS unit.[^12]

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),
    95.193(b), and 95.631(d) of the Commission's Rules to allow it to
    manufacture and market inexpensive FRS transceivers capable of
    transmitting GPS location information on FRS channels.[^13] The
    Public Safety and Private Wireless Division (Division) of the
    Wireless Telecommunications Bureau granted the request on September
    29, 2000.[^14] Under its waiver grant, the Division permitted Garmin
    \-- contingent on the outcome of this rulemaking proceeding \-- to
    receive FCC certification of a FRS unit that would also permit users
    to transmit GPS location information using emission type F2D in a
    digital data burst of not more than one second.[^15] Additionally,
    Garmin states that the unit was designed to limit transmission of
    GPS information to only one second out of every ten-second period in
    the event that a user were to repeatedly press the button.[^16] On
    December 20, 2000, Garmin filed its Petition.[^17]

# discussion

## Transmission of Non-Voice Communications on FRS Channels 

5.  *Background.* Garmin seeks to manufacture and market inexpensive,
    handheld FRS transceivers capable of both transmitting GPS location
    information on FRS frequencies and graphically displaying the GPS
    location information on a radio receiving the GPS location
    information.[^18] In its Petition, Garmin indicated that the current
    FRS rules do not allow the transmission of location information
    using a data emission on FRS channels.[^19] In support of the
    proposed amendments, Garmin noted it is now possible to provide a
    low cost handheld device capable of transmitting and graphically
    displaying critical location information to the public with an
    accuracy of ten meters.[^20] These enhancements are directly the
    result of technological developments in equipment and service, the
    availability of equipment at reasonable prices, and the removal of
    Selective Availability[^21] from the GPS signal. Adding GPS
    capability to FRS units would provide a significant enhancement to a
    service that users could use to locate lost family members or
    members of groups.[^22]

6.  In the *Notice*, we agreed with Garmin that allowing FRS units to
    transmit location information could provide a significant
    enhancement to locating a lost or injured family or group
    member.[^23] We noted that while voice emissions may have been
    sufficient to meet the needs of FRS users at the time the service
    was authorized, specifying only one emission type in the Rules may
    have unintentionally limited some manufacturers' capability to
    develop FRS units that could be even more useful to the public.[^24]
    We tentatively concluded that the FRS rules should not prohibit FRS
    units from transmitting information, and invited comment on the
    merits of Garmin's proposal, specifically the public interest and
    personal safety benefits associated with allowing FRS units to
    transmit location information.[^25]

7.  *Discussion.* Generally, commenters support permitting limited
    non-voice communications in FRS.[^26] We agree with these commenters
    that amending our Rules to permit transmission of location
    information over FRS channels would be a benefit to the public. We
    believe that by incorporating GPS, an enhanced FRS unit creates a
    viable tool that can be used to locate lost family members or group
    members.

8.  In addition to permitting GPS location information, some commenters
    proposed additional modifications to the FRS rules. Specifically,
    commenters suggest that we examine permitting other short data
    communications applications in FRS, revising our FRS definition,
    restricting store-and forward packet operations and requiring FRS
    units to have pre-set unique identification codes. First, Teaze
    contends that we should permit other short data communications
    applications in addition to allowing transmission of GPS data
    packets. In support of this proposition, Teaze argues that limiting
    data communications to GPS location information would unnecessarily
    limit the flexibility of the data communications applications.[^27]
    We note that since the FRS was initially authorized, text-messaging
    has become an increasingly common consumer activity, by way of
    internet instant messaging and text-enabled wireless
    telephones.[^28] We believe that allowing incorporation of this
    function into FRS units will enhance their usefulness to
    consumers.[^29]

9.  Also, Teaze suggests that we amend the FRS rules to define the
    service as "a two-way, very short-distance, voice and data
    communication service intended for transmission that do not
    typically require long duty cycles."[^30] Teaze asserts that this
    modification would provide FRS units with the same flexibility as
    units operating in the Multi-Use Radio Service (MURS).[^31] He
    states that such an amendment would allow both the transmission of
    GPS data packets as well as other short data communications
    applications. We decline to modify our FRS definition in the manner
    proposed by Teaze, but we are modifying it to reflect the changes we
    are adopting in this *Report and Order*. We believe that revising
    Section 95.401(b) to reflect that we will now permit both voice and
    data communications provides sufficient flexibility. We further
    believe that no other change is necessary because the basic purpose
    of the FRS has not changed.

10. Commenters have also proposed that we consider restricting the type
    of data transmission operations for FRS units, require that all data
    affecting circuitry be internal to the FRS unit, and prohibit the
    coupling of external devices to FRS units. Specifically, Teaze
    suggests that we apply the MURS restriction on store-and-forward
    packet operations[^32] to the FRS.[^33] We concur that such a
    restriction should also apply here because a store-and-forward
    capability could extend the operating range of the FRS-enhanced unit
    to distances beyond the immediate group of users.[^34] In addition,
    PRSG and NCGUG assert that data generating components must be
    internal to the FRS unit.[^35] Specifically, PRSG suggests that we
    restrict the collection and the generation of the data permissible
    to be transmitted in FRS. Moreover, PRSG seeks a requirement that
    all data-affecting circuitry must be solely internal to the FRS unit
    and must not be addressable by any external device or through any
    external connection or inductive coupling. PRSG argues that without
    this restriction, data-enabled FRS units will be open to misuse
    through the attachment or coupling of external devices for the
    creation of data packets (in a store-and-forwarding operating
    mode).[^36] We agree that we should continue to prohibit attachment
    of external devices, so that users cannot extend their operating
    range (and thus defeat the intent of the Rules that FRS be a
    short-distance service with efficient and intensive reuse of
    spectrum) by attaching power amplifiers or external antennas after
    the equipment receives Commission approval.[^37] We note that
    attachment of external devices is already prohibited under current
    FRS rules.[^38] In addition, we believe that this limitation also
    addresses PRSG's concern that permitting transmission of
    user-generated text messaging or signaling on FRS channels would
    convert FRS into a short messaging service (SMS).[^39]

11. We also conclude that, unlike alphanumeric paging (text messaging)
    or other SMS, we should retain the prohibition against
    interconnecting FRS units to the public switched telephone network
    (PSN).[^40] In this regard, we note that the FRS was intended to
    fill a niche market for mobile-to-mobile communications capability
    over a very short range. We are concerned that allowing
    interconnection would change the basic nature of the service.[^41]
    Moreover, allowing interconnection would reduce the number of usable
    channels by half because interconnected operation (cordless
    telephone) is typically duplex. Private radio communications that
    are interconnected to the PSN tend to be of longer duration than
    other types of communications, allowing interconnection would reduce
    the usefulness of FRS by significantly increasing congestion.[^42]

12. Finally, some commenters believe we should require FRS units to have
    a pre-set unique identification code. PRSG argues that such an
    identifier would assist the recipient of a GPS-based location signal
    to determine if that signal originated from one of his/her
    associated units, or from some other non-affiliated unit.[^43]
    Houlne further argues that for safety reasons, a preassigned,
    unmodifiable identifier would be unique and preferable to a user
    defined identifier.[^44] We agree with Garmin, however, that such a
    requirement is unnecessary, and a more practical approach would be
    for the user to assign a unit name at will to the FRS enhanced radio
    which would permit the user to determine who is in the calling
    group's party and from which radio a location signal is
    generated.[^45] Accordingly, we decline to require FRS units to have
    a pre-set unique identification code.

13. We believe the record in this proceeding warrants amendment of
    Sections 95.193(a), 95.193(b), and 95.631(d) of our Rules because we
    believe that these amendments will benefit FRS users.[^46]
    Additionally, the current limitation on the emission type that an
    FRS unit may transmit appears to be incompatible with technological
    developments in equipment and service that have occurred since FRS
    was authorized. Accordingly, the amendments to Sections 95.193(a),
    95.193(b), and 95.631(d) that we adopt today will give manufactures
    the ability to integrate different communications service and
    capabilities into FRS equipment[^47] thereby enhancing FRS'
    usefulness to the public.

## Avoiding Congestion on FRS Channels 

14. *Background.* In the *Notice,* we indicated that voice
    communications would remain the primary use of FRS.[^48] In order to
    maintain the availability of FRS channels for voice transmission, we
    tentatively agreed with Garmin's proposal to limit digital data
    emissions to no more than one second out of a ten-second
    period.[^49] We sought comment on whether the proposal was
    sufficient to protect FRS voice communications.[^50]

15. In addition, we sought comment on whether we should modify any other
    FRS rules in light of changed events since the establishment of FRS.
    Commenters suggested revisions concerning requiring a channel
    lockout system, limiting FRS data transmissions to certain channels
    and reducing the bandwidth for digital transmissions. For the
    reasons indicated below, we decline to adopt these suggestions.

16. *Duty Cycle.* In its petition, Garmin proposed that the digital data
    emission not exceed one second of every ten-second period. PRSG
    recommends increasing the minimum off-time from ten seconds to a
    one-minute interval to protect channel capacity for co-channel voice
    communications.[^51] With regard to the use of FRS channels for
    digital data transmissions and voice transmissions, Garmin stated
    that the enhancements to FRS units it requests are not likely to
    cause interference to any other FRS unit transmitting in the FRS
    band.[^52] Moreover, Garmin notes that PRSG's concerns relate to
    alleged interference from existing FRS operations. Garmin further
    asserts that there is no difference between analog voice emissions
    and the proposed digital modulations in terms of potential
    interference.[^53] While we believe that a sixty-second duty cycle
    is excessive, we are sympathetic to PRSG's concern that at ten
    percent the cumulative effect of data transmission by several FRS
    units could completely command any signal channel.[^54] If a signal
    was sent out and everyone in a particular area automatically
    transmits back, then significant congestion is likely to occur. As a
    result, we will adopt a thirty-second duty cycle which is a
    reasonable compromise between the two proposals. A thirty-second
    interval for any data transmissions will allow for protection of FRS
    voice communications and preserve the usefulness of location
    information.

17. *Channel Lockout.* PRSG and NCGUG both recommend requiring a
    transmitter lockout system to ensure non-voice communications are
    secondary to voice communications.[^55] Consequently, the presence
    of other transmissions would "lockout" data communications resulting
    in the transmission of data communications at random intervals.[^56]
    We agree with Houlne that instituting such a requirement could
    reduce the usefulness of the safety aspect of the digital data burst
    function (the delivery of a data transmission to a FRS enhanced
    unit).[^57] We also agree with Garmin that such protection from data
    communications is unnecessary, particularly since data transmissions
    would create less potential for interference because the signal will
    be less than one second long and cannot be repeated in any
    thirty-second period.[^58] It also is worth further noting that no
    such limitation applies to the current non-voice emissions permitted
    on FRS channels,[^59] with no apparent negative impact on voice
    communications.

18. *Channel Restrictions.* NCGUG suggests that we limit FRS data
    transmission to FRS channels 1 through 7 only in order to mitigate
    interference to GMRS repeater receivers.[^60] Garmin states that
    this proposal would only serve to force data communications onto
    one-half of the available FRS channels, while the sounder practice
    would be to spread the data communications over as many channels as
    possible.[^61] We agree and decline to limit data transmissions to
    channels 1 through 7. We note that NCGUG has not provided any
    evidence that FRS data transmissions would cause harmful
    interference to GMRS repeater receivers. For these reasons, and
    because voice communications should remain the primary use of FRS,
    we reject Houlne's suggestion to set aside one FRS channel
    exclusively for data transmission.[^62]

19. *Bandwidth Reduction.* The authorized bandwidth for FRS voice
    emissions is 12.5 kHz.[^63] NCGUG proposes to limit the bandwidth
    for data transmissions to 8 kHz.[^64] It asserts that the only
    effective way to mitigate interference is to reduce the amount of
    energy present on adjacent primary GMRS channels and claims that at
    least 10 dB of additional isolation is necessary, which can be
    realized by reducing the bandwidth for data emission to 8 kHz.[^65]
    Garmin rejects this proposal and asserts that if GMRS repeaters are
    suffering from adjacent channel interference, then the real solution
    is to improve GMRS repeater adjacent channel selectivity -- not to
    impose strict occupied bandwidth limitations on FRS radios.[^66]
    Similarly, Houlne rejects NCGUG's proposal for bandwidth reduction
    for data transmissions as a means to mitigate interference to GMRS
    users as mere supposition based on an improperly referenced and
    unsubstantiated model that lacks real world testing.[^67] We note
    that even though FRS channels have 25 kHz spacing,[^68] current
    rules require FRS radios be designed as if channel spacing were 12.5
    kHz specifically to minimize interference with interstitial GMRS
    channels.[^69] We have found that the current technical requirements
    adequately avoid interference, even during the transmission of
    non-voice communications tones. Therefore, we disagree with NCGUG.
    Further, NCGUG has not provided any technical data to support its
    allegations or proposal. Thus, we are not persuaded that the
    requested bandwidth for FRS data transmissions is warranted.

## Initiation of Transmission of Location Information

20. Initially, Garmin proposed to require initiation of data
    transmissions by "a manual key press" only.[^70] We sought comment
    on this proposal. In its comments to the *Notice,* however, Garmin
    revised its proposal to permit the initiation of digital data
    transmissions "by a manual action or command of a user," rather than
    limited to initiation by a manual key press.[^71] PRSG agrees that
    solely permitting manual activation by pressing a key is
    unnecessarily restrictive, but cautions that whatever method is
    employed should avoid inadvertent activation.[^72] We agree with the
    commenters that users should have flexibility to initiate a location
    transmission in various ways.[^73]

21. In its comments, Garmin also proposes to allow FRS units to poll
    other specific location enhanced FRS units.[^74] Garmin states that
    this operation would allow a person utilizing a location enhanced
    unit to determine the location of a member of his or her calling
    group.[^75] By allowing one unit to manually interrogate another,
    location enhanced FRS units become even more practical safety
    devices for emergency situations. Houlne agrees that polling would
    be an important safety feature, given that an incapacitated operator
    may be unable to push a button.[^76] Both NCGUG and PRSG oppose
    making the remote polling feature available.[^77] NCGUG argues that
    it would increase the frequency of message collisions and
    interference with voice and other data transmissions.[^78] PRSG
    opposes remote polling and asserts that there is a need for security
    of these communications and that such a remote polling capability
    could be abused by wrongdoers to locate children or other vulnerable
    users.[^79]

22. It is our recognition that FRS has been used by families and other
    small groups for, among other things, communicating location and
    safety- or emergency-type messages, especially when members of the
    group find themselves lost or injured, that causes us to conclude
    that allowing FRS units to transmit location information may be of
    use to the public.[^80] We expect that FRS will continue to be used
    by families and other small groups for these types of messages. In
    light of the Commission's prior recognition of the public interest
    benefits of automatically locating individuals in distress,
    especially when they are injured or in an unfamiliar
    environment,[^81] we believe that the benefits of allowing polling
    outweigh the concerns raised by NCGUG and PRSG. Polling will allow a
    FRS unit to determine the location of other FRS units within a given
    operating area, which will facilitate rescue and aid in situations
    where an individual has become lost, confused or has otherwise lost
    contact with his or her group. Polling will be optional, so
    manufacturers will be able to provide units without that feature to
    users who do not want it, or units on which the user can enable or
    disable the feature at will. Furthermore, we do not believe that
    allowing polling will increase congestion, because, pursuant to the
    duty cycle adopted herein, no user will be able to interrogate other
    units more than once every thirty seconds.

## Display of Location Information

23. Garmin proposed to graphically display the GPS location information
    transmitted by another FRS unit.[^82] In the *Notice*, we noted that
    the FRS rules do not specify or limit how the information signal
    received by an FRS unit is made available to a FRS user. Thus, we
    tentatively concluded that it was unnecessary to specify methods and
    standards such as the AX.25 standard and the Automatic Position
    Reporting system used by amateur radio operators[^83] because
    specifying exact methods and standards would limit the flexibility
    of manufacturers to incorporate newly developed technologies.[^84]

24. We are not persuaded that prescribing a standard for display of
    location information is necessary or desirable. Houlne urges the
    adoption of the AX.25 standard on the premise that having no
    standard would be chaotic. Houlne asserts that requiring methods and
    standards will provide the bases for sound engineering practices,
    uniformity among manufacturers and quality for the consumer.[^85] We
    are concerned that mandating a standard for display of location
    information would restrict manufacturers and consumers to current
    technology, precluding the use of improved or less expensive
    means.[^86] Accordingly, we decline to impose a GPS data
    transmission standard because we believe manufacturers should have
    the ability to provide new technologies and services to the public
    efficiently without requiring a rule making proceeding.

## Interference to SDARS

25. Finally, XM urges the Commission to limit the out-of-band emissions
    from FRS units. XM is concerned that the fifth harmonic emissions of
    FRS radios operating on channels 8 through 14 at 467 MHz may
    interfere with XM's Digital Audio Radio Service (SDARS) operations
    at 2332.3-2345 MHz. XM asserts that future proliferation of family
    radios at their present out-of-band emissions limits will adversely
    affect the high-quality service SDARS consumers expect.[^87]
    Accordingly, XM seeks to limit the out-of-band emissions of FRS
    radios to a field strength of no more than 8.6µ V/m at 3 meters
    measured in a 1 MHz interval.[^88] We agree with Houlne that XM has
    provided no substantive evidence that FRS radios are in fact causing
    interference or present a significant interference potential. Thus,
    we decline to impose the out-of-band emissions suggested by XM in
    this proceeding.

# CONCLUSION

26. In summary, we believe that the public interest will be served by
    permitting FRS units to transmit location information and FRS user
    generated text messages. Therefore, in this *Report and Order*, we
    amend our Rules to allow a FRS unit to transmit a digital data
    emission and communications containing FRS user generated text and
    location information. These rule changes will enhance the usefulness
    of the FRS as a service that provides an affordable and convenient
    means of direct, short-range two-way voice communications among
    small groups of persons, with minimal regulation.

# PROCEDURAL MATTERS

27. *Final Regulatory Flexibility Certification*. The Regulatory
    Flexibility Act of 1980, as amended (RFA),[^89] requires that an
    initial regulatory flexibility analysis be prepared for notice and
    comment rule making proceedings, unless the agency certifies that
    "the rule will not, if promulgated, have a significant economic
    impact on a substantial number of small entities."[^90] The RFA
    generally defines the term "small entity" as having the same meaning
    as the terms "small business," "small organization," and "small
    governmental jurisdiction."[^91] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^92] 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).[^93]

28. 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.

29. 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 Commission 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. [^94] 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*.[^95]

30. *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 Commission has not performed one.

31. *Contact for Information.* 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 [jbenfaid@fcc.gov.]{.underline}

32. *Alternative Formats.* Alternative formats (computer diskette, large
    print, audiocassette, and Braille) are available from Brian Millin
    at (202) 418-7426, TTY (202) 418-7365, or at
    [bmillin@fcc.gov.]{.underline} This *Report and Order* can also be
    downloaded at [http://www.fcc.gov/dtf.]{.underline}

# ORDERING CLAUSES

33. IT IS ORDERED that, 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 Commission's Rules, 47 C.F.R. §§ 95.193(a),
    95.193(b), and 95.631(d), ARE AMENDED as set forth in the Appendix,
    effective thirty days after publication of the *Report and Order* in
    the Federal Register.

34. IT IS FURTHER ORDERED that the Commission'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.

35. IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Marlene H. Dortch
>
> Secretary

**APPENDIX**

**FINAL RULES**

Part 95 of Chapter 1 of Title 47 of the Code of Federal Regulations is
amended as follows:

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 proposed to be amended by revising paragraphs (a)
and (b) to read as follows:

**§ 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:

**§ 95.194 (FRS Rule 4) FRS Units.**

**\* \* \* \* \***

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

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

**§ 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:

**§ 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 transmission of location information or text messaging.

\* \* \* \* \*

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

**§ 95.633 Emission bandwidth.**

\* \* \* \* \*

\(c\) The authorized bandwidth for emission type F3E or F2D transmitted
by a FRS unit is 12.5 kHz.

\* \* \* \* \*

**SEPARATE STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY**

> *Re: In the Matter of 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, Amendment
> of Sections 95.193(a), 95.193(b), and 95.631(d) of the Commission's
> Rules Governing Permissible Communications in the Family Radio
> Service, WT Docket No. 01-339, RM-10070, Report and Order (adopted
> February 3, 2003)*

Today's Order amends our rules to give manufacturers the flexibility to
integrate innovative communications services and capabilities into
equipment used in the Family Radio Service. I believe that by removing
prohibitions on FRS units' ability to transmit location information,
their usefulness will increase to consumers. Users will now be able to
locate family members or members of groups, which is invaluable if
someone is lost or injured. By allowing our rules to accommodate such
new technological advancements and by encouraging innovation by
manufacturers, consumers benefit from the latest technological
advancements.

[^1]: *See* 47 C.F.R. §§ 95.193(a), 95.193(b), 95.631(d).

[^2]: *See* 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) (*Notice)*.

[^3]: Emissions are designated according to their classification and
    their necessary bandwidth. F2D is an emission in which the main
    carrier is frequency modulated, the signal modulating the main
    carrier is a single channel containing quantized or digital
    information with the use of a modulating subcarrier, and the type of
    information to be transmitted is data, telemetry, or telecommand.
    *See* 47 C.F.R. § 2.201 for a description of emission types.

[^4]: *See* Garmin International, Inc., Petition for Rulemaking,
    RM-10070 (filed Dec. 26, 2000) (Petition)*.*

[^5]: *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, 12983 ¶ 17 (1996) (*FRS Report
    and Order*).

[^6]: *Id*. at 12977 ¶ 2, 12979 ¶ 5.

[^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.
    § 95.621 (GMRS frequencies) *with* 47 C.F.R. § 95.627 (FRS
    frequencies).

[^8]: *FRS Report and Order* at 12977 ¶ 2, 12983 ¶ 17.

[^9]: 47 C.F.R. §§ 95.191(a), 95.193(a).

[^10]: An FRS unit may be used to transmit one-way communications only
    to establish communications with another person, send an emergency
    message, provide traveler assistance, make a voice page, or to
    conduct a brief test. *See* 47 C.F.R. § 95.193(a).

[^11]: *See* *FRS Report and Order,* 11 FCC Rcd at 12979 ¶ 5.

[^12]: "An FRS unit may transit only emission type F3E \[which is a type
    of voice emission\]. A non-voice emission is limited to selective
    calling or tone-operated squelch tones to establish or continue
    voice communications." 47 C.F.R. § 95.631(d). The FRS unit may
    transmit tones to make contact or to contiue communicatinos with a
    particular FRS unit. If the tones are audible (more than 300 Hertz),
    it must last no longer than 10 seconds at one time. If the tone is
    subaudible (300 Hertz or less), it may be transmitted continuously
    only while you are talking." 47 C.F.R. § 95.193(b).

[^13]: Letter from Garmin International, Inc. to Federal Communications
    Commission (dated June 22, 2000). *See also* Letter, dated August
    28, 2000, from Garmin International, Inc. to D'wana Terry, Chief,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, Federal Communications Commission.

[^14]: *See* Garmin International, Inc., *Order*, 15 FCC Rcd 19143 (WTB
    PSPWD 2000). The initial waiver grant was for one year. On
    reconsideration, the Division extended the term of the waiver grant
    to two years, subject to the resolution of the Petition. *See*
    Garmin International, Inc., *Order on Reconsideration*, 16 FCC Rcd
    7753, 7756 ¶ 8 (WTB PSPWD 2001) (*Garmin Reconsideration Order*).
    The Division further extended the waiver until completion of this
    rulemaking proceeding. Garmin International Inc., *Order*, 17 FCC
    Rcd 16108 (WTB PSPWD 2002).

[^15]: Garmin Reconsideration Order, 16 FCC Rcd at 7753 ¶ 3.

[^16]: Id.

[^17]: The Commission sought comment on the Petition on December 20,
    2001. Comments were due February 13, 2002 and Reply Comments were
    due February 28, 2002. Comments were filed by Garmin International,
    Inc., (Garmin); Northern California GMRS Users Group (NCGUG);
    Personal Radio Steering Group, Inc., (PRSG), Stewart Teaze (Teaze)
    and XM Radio, Inc. (XM). Reply comments were filed by Garmin,
    William C. Houlne (Houlne), NCGUG and PRSG. On our own motion we
    accept the late filed comment of Mr. Teaze filed on June 26, 2002.

[^18]: Petition at 3. Garmin presently markets handheld Marine Radio
    Service transceivers and receivers that graphically display GPS
    location information on the radio receiving the GPS location
    information. *See, e.g.,* West Marine catalog.

[^19]: *Id.* at 7. The public was invited to comment on the Petition.
    *See Public Notice*, Report No. 2467 (Feb. 20, 2001). Houlne opposed
    the petition on the basis that Garmin's proposal fails to provide
    any meaningful enhancement to FRS. Houlne Comments at 1. Mr.
    Houlne's filing was originally submitted as an informal request to
    rescind Garmin's waiver. The Wireless Telecommunications Bureau
    determined that Houlne's Petition should be treated as a comment in
    response to Garmin's Petition for Rulemaking. *See* Letter from John
    J. Schauble, Chief, Policy and Rules Branch, Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau, to
    William C. Houlne (dated July 25, 2001).

[^20]: Petition at 6.

[^21]: Petition at 2 n.2. Selective Availability (SA) was the
    intentional degradation of the GPS signal. SA variability degraded
    GPS position accuracy to a radius of 100 meters. SA was turned off
    May 2, 2000. *See* Office of Science and Technology Policy,
    Executive Office of the President, Statement by the President
    Regarding the United States' Decision to Stop Degrading Global
    Positioning System Accuracy, May 1, 2000, *available at*
    [http://www.ostp.gov/html/0053_2.html]{.underline}

[^22]: *Id.* at 5.

[^23]: *Notice*, 16 FCC Rcd at 22880 ¶ 8.

[^24]: *Id*. at 22879 ¶ 7.

[^25]: *Id.* at 22879-80 ¶¶7-8.

[^26]: *See e.g.* NCGUG Comments at 1; PRSG Comments at 5; XM Comments
    at 1, 4 (transmission of GPS location information will be useful to
    the public); Teaze Comments at 1 (supports allowing data
    communications).

[^27]: *Id*.

[^28]: Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993, *Seventh Report*, 17 FCC Rcd 12985,
    13051-53 (2002).

[^29]: Teaze Comments at 1.

[^30]: *Id.*

[^31]: *See* 47 C.F.R. § 95.401(f). MURS is a private, two-way
    short-distance voice, data or image communications service for
    personal or business activities of the general public.

[^32]: *See* 47 C.F.R. § 95.1311. In the MURS, store-and-forward packet
    generated operations are prohibited because such usage could
    aggravate frequency congestion. *See* 1998 Biennial Regulatory
    Review -- 47 C.F.R. Part 90, Private Land Mobile Radio Services,
    *Memorandum Opinion and Order and Second Report and Order*, WT
    Docket No. 98-182, 17 FCC Rcd 9830, 9843 ¶ 26 (2002) (*MURS
    Memorandum Opinion and Second Report and Order*).

[^33]: *See* Teaze Comments at 1.

[^34]: In a store-and-forward communications system, messages are
    received at intermediate routing points and recorded, *i.e.,*
    stored, and then transmitted, *i.e.,* forwarded, to the next routing
    point or to the ultimate recipient.

[^35]: PRSG Comments at 6.

[^36]: *See* PRSG Comments at 6-7.

[^37]: *See FRS Report and Order*, 11 FCC Rcd at 12979-80 ¶¶ 5, 8.

[^38]: *See* 47 C.F.R. § 95.194(c).

[^39]: Id.

[^40]: *See* 47 C.F.R. § 95.193(e). Such a limitation also applies to
    MURS units. *See* 47 C.F.R. § 95.1313.

[^41]: *FRS Report and Order,* 11 FCC Rcd at 12984 ¶18.

[^42]: See MURS Memorandum Opinion and Order and Second Report and
    Order, 17 FCC Rcd at 9844 ¶ 29.

[^43]: PRSG Comments at 6.

[^44]: Houlne Comments 7.

[^45]: Garmin Reply Comments at 9.

[^46]: Section 95.193(a)-(b) lists the types of communications permitted
    in the Family Radio Service, and Section 95.631(d) sets forth the
    emission types a FRS unit is permitted to transmit.

[^47]: Petition at 6.

[^48]: *Notice,* 16 FCC Rcd at 22880 ¶ 9. As an initial matter, we note
    that FRS is a shared service, and no user is entitled to protection
    from other users. *See* 47 C.F.R. § 95.191(b). Thus, we disagree
    with NCGUG's characterization of co-channel traffic as interference.
    *See* NCGUG Comments at 3. As stated in the *FRS Report and Order*,
    FRS units use only a small fraction of transmitter power that GMRS
    stations are authorized to use and FRS units utilize a small and
    relatively inefficient antenna while GMRS stations may use a large
    gain antenna located on a tower or building. These differences
    combined with the capture effect of frequency modulation emission
    types should preclude any disruption of GMRS communications. *See
    FRS Report and Order*, 11 FCC Rcd at 12980 ¶ 9, n.28.

[^49]: *Id.* at 22880 ¶¶ 8-9.

[^50]: *Id.* at 22881 ¶ 11.

[^51]: PRSG Comments at 4 (the cumulative effect of data transmissions
    by dozens or even hundreds of FRS units could completely command any
    single channel in crowded environments such as amusement parks).

[^52]: *Id.* at 6.

[^53]: Garmin Reply Comments at 2-3.

[^54]: PRSG Comments at 4.

[^55]: NCGUG Comments at 6; PRSG Comments at 3.

[^56]: NCGUG Comments at 5-6.

[^57]: Houlne's Reply Comments at 6.

[^58]: Garmin Reply Comments at 5.

[^59]: *See* 47 C.F.R. § 95.193(b) (permitting transmission of tones to
    make contact or continue communications).

[^60]: NCGUG Comments at 4.

[^61]: Garmin Reply Comments at 4-5.

[^62]: Houlne Comments at 7; Houlne Reply Comments at 6.

[^63]: 47 C.F.R. § 95.633(c).

[^64]: NCGUG Comments at 4-5.

[^65]: Id.

[^66]: Garmin Reply Comments at 4.

[^67]: Houlne Reply Comments at 6.

[^68]: *See* 47 C.F.R. § 95.627(a).

[^69]: In the *FRS Report and Order*, the Commission established
    technical standards to ensure FRS units do not cause interference to
    other services and that large numbers of users could share the
    channels in the same or adjoining neighborhoods or areas. It adopted
    a maximum power of 0.500 watt, that an antenna be an integral part
    of the FRS unit, and the maximum allowable frequency deviation of
    2.5 kHz and an audio frequency response of 3.125 kHz. *FRS Report
    and Order*, 11 FCC Rcd at 12982 ¶ 13.

[^70]: *Notice*, 16 FCC Rcd at 22878 ¶ 9.

[^71]: Garmin Comments at 3.

[^72]: PRSG Reply Comments at 3-4.

[^73]: NCGUG Reply Comments at 3.

[^74]: Garmin Comments at 4.

[^75]: *Id.* at 2.

[^76]: Houlne Reply Comments at 3.

[^77]: NCGUG Comments at 6-7.

[^78]: *Id.*

[^79]: PRSG Comments at 5.

[^80]: *See Notice*, 16 FCC Rcd at 22880 ¶ 8.

[^81]: *See* Revision of the Commission\'s Rules To Ensure Compatibility
    with Enhanced 911 Emergency Calling Systems, *Report and Order and
    Further Notice of Proposed* Rulemaking, CC Docket No. 94-102, 11 FCC
    Rcd 18676, 18679 (1996). *See also* Houlne Comment at 2.

[^82]: Petition at 5-6.

[^83]: *Notice,* 16 FCC Rcd at 22881 ¶ 10. AX.25 refers to a specific
    packet protocol firmware used for accepting data from a computer and
    assembling the data into data packets that are then fed into a
    transmitter. The Automatic Position Reporting System (APRS) is a
    real time positioning system that displays on maps the location of
    other APRS‑equipped transmitters. *See* *The ARRL Handbook for Radio
    Amateurs* 12.22‑12.26 (2002).

[^84]: *Notice,* 16 FCC Rcd at 22881 ¶ 10.

[^85]: Houlne Comments at 6.

[^86]: *Cf.* Amendment of the Commission's Rules to Establish New
    Narrowband Personal Communications Services, *First Report and
    Order*, Gen. Docket No. 90-314, ET Docket No. 92-100, 8 FCC Rcd
    7162, 7171 ¶¶ 50-51 (1993); Amendment of the Commission's Rules to
    Establish New Personal Communications Services, Gen. Docket No.
    90-314, ET Docket No. 92-100, *Notice of Proposed Rulemaking and
    Tentative Decision*, 7 FCC Rcd 5676, 5728 ¶ 130 (1992) (declining to
    require interoperability or inter-system capability among personal
    communications service licensees because doing so would restrict
    licensees' flexibility to determine which services were needed and
    to provide those services by the most advantageous technology).

[^87]: XM Comments at 4. Specifically, XM states the Commission should
    promptly update the out-of-band emission limits for FRS to protect
    XM's SDARS operations, because it believes the current emissions
    limits are not adequate to protect SDARS receivers. In addition, XM
    believes the Commission should also update its rules to limit
    out-of-band emissions from other unlicensed devices (such as laptop
    computers, cellular phones, PalmPilots and wireless headphones,
    etc). XM further notes that the Commission's Rules regarding the FRS
    provide FRS operators and manufacturers with notice that the
    Commission may require technical changes to equipment to solve
    interference problems caused by harmonic emissions. *Id*. (citing 47
    C.F.R. § 95.635 Note 4, which states that, if spurious or harmonic
    emissions result in harmful interference (any transmission,
    radiation or induction that endangers the functioning of a
    radionavigation or other safety service or seriously degrades,
    obstructs or repeatedly interrupts a radio-communication service
    operating in accordance with applicable laws, treaties and
    regulations), the FCC may, at its discretion, require appropriate
    technical changes in the station equipment to alleviate the
    interference, including the use of a low pass filter between the
    transmitter antenna terminals and the antenna feed line).

[^88]: XM Comments at 1.

[^89]: The RFA, *see* 5 U.S.C. § 601-- 612, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^90]: *See* 5 U.S.C. § 605(b).

[^91]: *See* 5 U.S.C. § 601(6).

[^92]: *See* 5 U.S.C. § 601(3) (incorporating by reference the
    definition of "small business concern" in the Small Business Act, 15
    U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory
    definition of a small business applies "unless an agency, after
    consultation with the Office of Advocacy of the Small Business
    Administration and after opportunity for public comment, establishes
    one or more definitions of such term which are appropriate to the
    activities of the agency and publishes such definition(s) in the
    Federal Register."

[^93]: *See* 15 U.S.C. § 632.

[^94]: *See* 5 U.S.C. § 801(a)(1)(A).

[^95]: *See* 5 U.S.C. § 605(b).