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  |   |                              |
| Commission's Rules Governing     | * |                              |
| Permissible Communications in    | * |                              |
| the Family Radio Service         | ) |                              |
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+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULEMAKING**

**Adopted: December 12, 2001 Released: December 20, 2001**

**Comment Date:** \[Thirty days after publication in the Federal
Register\]

**Reply Comment Date:** \[Forty-five days after publication in the
Federal Register\]

By the Commission:

# INTRODUCTION

1.  This *Notice of Proposed Rulemaking* (*Notice*) seeks comment on a
    proposal to amend Sections 95.193(a), 95.193(b), and 95.631(d) of
    the Commission's Rules[^1] to authorize Family Radio Service (FRS)
    units to transmit an additional emission type and to revise the
    permissible communications rule that applies to FRS units. In its
    Petition, Garmin International, Inc. (Garmin) proposes to allow FRS
    units to transmit Global Positioning System (GPS) location
    information using emission type F2D[^2] in a digital data burst of
    not more than one second.[^3] Prior to the submission of the
    Petition, Garmin sought a waiver (Waiver Request) 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 handheld FRS
    transceivers capable of transmitting GPS location information on FRS
    channels.[^4] The Public Safety and Private Wireless Division
    (Division) of the Wireless Telecommunications Bureau granted a
    one-year waiver of the FRS Rules[^5] on September 29, 2000. On
    reconsideration, the Division extended the term of the waiver grant
    to two years, subject to the resolution of the Petition.[^6] We
    believe that these rule changes could allow a new and incidental use
    of the FRS. Therefore, we are initiating this rulemaking proceeding
    to propose a modification of the authorized emission types and
    permissible communications rules.

# BACKGROUND

2.  In 1996, the Commission established the FRS as a very short range,
    two-way voice personal radio service.[^7] The *Report and Order*
    established the FRS primarily on the basis that it would fill a
    market niche in short distance, personal communications needs.[^8]
    It was envisioned that the FRS would provide an affordable and
    convenient means of direct, short-range two-way voice communications
    among small groups of persons, with minimal regulation.[^9] Because
    the FRS is intended to meet the needs of families and other small
    groups to communicate with each other while they are out of speaking
    distance or sight, but still within close range, non-voice emission
    types, except tones transmitted to establish or continue voice
    communications, were not authorized.[^10] FRS units were authorized
    to transmit one-way communications to send an emergency message
    because the communication needs of families and other small groups
    could reasonably be expected to include location and other safety-
    or emergency-type messages, especially when members of the group
    find themselves inadvertently out of speaking distance or sight of
    other group members.[^11]

3.  FRS units may be used in one of three ways. First, an FRS unit may
    be used to conduct voice communications[^12] with another
    person.[^13] Second, 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.[^14] Finally, an FRS unit may be
    used to transmit tones to make contact or to continue communications
    with a particular FRS unit.[^15]

4.  Garmin is a designer and manufacturer of consumer electronic devices
    for the marine, aviation, automotive, and recreational markets.[^16]
    Garmin would like 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.[^17] Garmin states that these enhancements would allow
    a FRS user to press a button on his or her FRS transceiver to
    transmit his or her location to other FRS users.[^18] 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.[^19] Additionally, Garmin
    indicated 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.[^20]

# discussion

5.  [Petition for Rulemaking]{.underline}. Garmin seeks amendment of our
    FRS Rules in order to codify the conditions of the waiver the
    Division granted.[^21] Section 95.193 specifies the types of
    communications FRS units may transmit. Garmin requests that we amend
    Section 95.193 to authorize a FRS unit to transmit, in addition to
    voice communications, non-voice communications to provide location
    information[^22] and to allow a FRS unit to transmit digital data
    containing location information, provided that the digital data
    transmission does not exceed one second out of a ten second period
    and that the transmission must be initiated by a manual key
    press.[^23] To allow a FRS unit to transmit digital data containing
    location information, Garmin also requests we amend Section
    95.631(d) to authorize FRS units to transmit emission type F2D.[^24]

6.  Garmin indicates that these amendments are needed because the
    current rules do not allow the transmission of location information
    using a data emission on FRS channels.[^25] Garmin's arguments
    supporting these amendments stem from the changes that have occurred
    since the adoption of the FRS. Specifically, Garmin notes that the
    emission type specified for FRS was adopted more than five years
    ago. Additionally, Garmin asserts that technological developments in
    equipment and service that have occurred since the authorization of
    the FRS, the availability of equipment at reasonable prices, and the
    removal of Selective Availability[^26] from the GPS signal now make
    it possible to provide a low cost handheld device to the public
    capable of transmitting and graphically displaying critical location
    information within an accuracy of ten meters.[^27] Garmin also
    states that adding the GPS capability to FRS units would provide a
    significant enhancement to a service that can be used, for example,
    to locate lost family members or members of groups in the woods, or
    in an amusement park.[^28] With regard to the use of FRS channels
    for digital data transmissions and voice transmissions, Garmin
    states that the enhancements to FRS units it requests are not likely
    to cause interference to any other FRS unit transmitting in the FRS
    band.[^29] Mr. Houlne states that incorporation of the GPS with the
    FRS is a very desirable utility and that such a marriage would make
    the FRS an extremely viable tool regarding public safety.[^30] He
    also states, however, that Garmin's proposal does not serve the
    public interest because it fails to provide any meaningful
    enhancement to the FRS.[^31]

7.  [Discussion]{.underline}. We believe the record in this proceeding
    warrants proposing amendment of Sections 95.193(a), 95.193(b), and
    95.631(d) of our Rules because we believe that the proposed
    amendments will benefit FRS users. Until recently, frequency
    modulated voice, emission type F3E, specified in Section 95.631(d)
    appears to have adequately met the needs of FRS users. In this
    regard, we note that since FRS was authorized many manufactures have
    chosen to manufacture FRS units and that FRS units are readily
    available to the public at reasonable prices. It appears, however,
    that specifying only one emission type in Section 95.631(d) may have
    unintentionally limited some manufacturer's capability to develop
    FRS units that could be even more useful to the public.
    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. According to Garmin, revising Sections 95.193(a),
    95.193(b), and 95.631(d) will give manufactures the ability to
    integrate different communication service and capabilities into FRS
    equipment[^32] thereby enhancing FRS' usefulness to the public.

8.  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.[^33] We expect that FRS will continue to be used
    by families and other small groups for these types of messages.
    Under the current rules, however, because FRS units can not transmit
    location information automatically, locating a lost or injured
    family or group member depends on the lost or injured person being
    able to verbally describe his or her location to others. 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,[^34] we agree with
    Garmin that allowing FRS units to transmit location information may
    provide a significant enhancement to locating a lost or injured
    family or group member. Therefore, we believe that the FRS rules
    should not prohibit FRS units from transmitting location
    information. We also note that expediting the location of a lost
    individual by using an objective location system rather than one
    that depends on the lost person being able to accurately describe
    the location to others, greatly increases the chance of successfully
    reuniting the individual with the group. In this regard, we note
    that Mr. Houlne agrees with Garmin that incorporation of the GPS
    into the FRS "is a very desirable utility."[^35] We invite comment
    on the merits of the proposal, specifically the public interest and
    personal safety benefits associated with allowing FRS units to
    transmit location information.

9.  Based upon our review of Garmin's rulemaking petition, we agree with
    Garmin that limiting FRS units to transmitting a digital data
    emission for no more that one second out of a ten second period and
    requiring that the digital data transmission be initiated manually
    by the FRS user appear to be, in combination, a reasonable method of
    minimizing interference between data communications and voice
    communications on FRS channels. In practice, it would appear that
    these restrictions will result in digital data emissions being a
    secondary use of the FRS and that voice communications will remain
    the primary use of FRS. Therefore, we tentatively conclude that the
    proposal will not likely result in harmful interference to FRS voice
    communications. Nevertheless, we invite commenters to address any
    concerns regarding interference to voice emissions on FRS channels.
    We note that Mr. Houlne expresses concerns that these limitations
    will render GPS-enhanced units "a gadget to play with"[^36] or that
    the safety aspect of these units "go out the window"[^37] when an
    operator is required to manually initiate the digital data
    transmission. We seek comment on what impact, if any, the proposed
    limitations would have on the benefits of incorporating GPS into FRS
    units.

10. With regard to Garmin's proposal to graphically display the GPS
    location information transmitted by another FRS unit, we note that
    the FRS rules do not specify or limit how the information in the
    signal received by an FRS unit is made available to an FRS user. For
    this reason, we do not believe a rule change is necessary to permit
    FRS transceivers to graphically display received GPS location
    information. Further, we disagree with Mr. Houlne and tentatively
    conclude that it is unnecessary to amend the rules to specify
    methods and standards, such as the AX.25 standard and the Automatic
    Position Reporting System used by amateur radio operators, with
    respect to the data transmission itself.[^38] We believe that
    specifying exact methods and standards would limit the flexibility
    of manufactures to incorporate new technologies as they are
    developed. We invite comment on whether there are any other changes
    to our Rules that would allow manufacturers to develop additional
    means of incorporating GPS information into FRS radios. In addition,
    we seek comment on whether any other technical or service rules
    regarding the FRS should be modified in light of events since the
    original promulgation of those rules five years ago.

11. In summary, we believe that the public interest will be served by
    permitting FRS units to transmit location information. Therefore, in
    this *Notice*, we propose to amend Sections 95.193(a), 95.193(b),
    and 95.631(d) of our Rules to allow a FRS unit to transmit a digital
    data emission and communications containing location information.
    These proposed rule changes could 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. In this rulemaking proceeding,
    we also invite comment on whether the proposal will result in
    harmful interference to FRS voice communications and whether the
    merits of the proposal would serve the public interest.

# V. PROCEDURAL MATTERS {#v.-procedural-matters .unnumbered}

12. *Initial Regulatory Flexibility Certification*. The Regulatory
    Flexibility Act of 1980, as amended (RFA),[^39] 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."[^40] The RFA
    generally defines the term "small entity" as having the same meaning
    as the terms "small business," "small organization," and "small
    governmental jurisdiction."[^41] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^42] 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).[^43]

13. In this *Notice*, we propose to 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. The proposed rules apply exclusively to
    individuals who use FRS units. Such modification would be in the
    public interest because it 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.

14. In addition, the rules proposed in this *Notice*, potentially could
    affect manufactures of FRS units. Based on requests from
    manufactures for certification of FRS units, we believe that there
    are between 5 and 10 manufactures of FRS units and that none of
    these manufactures are small entities. The proposed rule change, if
    adopted, applies to individuals who use FRS units and does not
    result in a mandatory change in manufactured FRS units. Rather, the
    proposed rule change is permissive and would allow a manufacture, if
    it so chose, to include additional features in the FRS units it
    manufactured. Therefore, we certify that the proposals in this
    *Notice*, if adopted, will not have a significant economic impact on
    a substantial number of small entities. The Commission will send a
    copy of the *Notice*, including a copy of this Initial Regulatory
    Flexibility Certification, to the Chief Counsel for Advocacy of the
    SBA.[^44] This initial certification will also be published in the
    Federal Register.[^45]

15. *Paperwork Reduction Analysis*. This *Notice* does not contain
    either a proposed or modified information collection requirement.

16. *Ex Parte Rules Presentations.* This is a permit-but-disclose notice
    and comment rulemaking proceeding. Ex parte presentations are
    permitted, except during the Sunshine Agenda period, provided they
    are disclosed as provided in the Commission's Rules. *See generally*
    47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

17. *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\>.
    This *Notice* can also be downloaded at \<http://www.fcc.gov/dtf\>.

18. *Comment Dates.* Pursuant to Sections 1.415 and 1.419 of the
    Commission's Rules, 47 C.F.R. §§ 1.415, 1.419, interested parties
    may file comments on or before \[30 days after publication in the
    Federal Register\], and reply comments on or before \[45 days after
    publication in the Federal Register\]. Comments may be filed using
    the Commission's Electronic Comment Filing System (ECFS) or by
    filing paper copies.[^46]

19. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>.
    Generally, one copy of an electronic submission must be filed. In
    completing the transmittal screen, commenters should include their
    full name, Postal Service mailing address, and the applicable docket
    or rulemaking number. Parties may also submit an electronic comment
    by Internet e-mail. To get filing instructions for e-mail comments,
    commenters should send an e-mail to \<ecfs@fcc.gov\>, and should
    include the following words in the body of the message, "get form
    \<your e-mail address\>." A sample form and directions will be sent
    in reply.

20. Parties who chose to file by paper must file an original and four
    copies of each filing. The docket number appearing in the caption of
    this proceeding must appear in each comment or filing. All filings
    must be sent to the Commission's Secretary, Magalie Roman Salas,
    Office of the Secretary, Federal Communications Commission, 445 12th
    Street, S.W., Room TW-A325, Washington, D.C. 20554.

21. For further information, contact the Policy and Rules Branch, Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau, (202) 418-0680, TTY (202) 418-7233, or via e-mail at
    \<fccinfo@fcc.gov\>.

    **VI. ORDERING CLAUSES**

22. 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), NOTICE IS HEREBY GIVEN of proposed amendment to
    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), as
    described above.

23. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10070,
    submitted by Garmin International, Inc., on December 26, 2000, IS
    GRANTED to the extent indicated herein.

24. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Notice of Proposed Rulemaking*, including the Initial Regulatory
    Flexibility Certification, to the Chief Counsel for Advocacy of the
    Small Business Administration.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie Roman Salas
>
> Secretary

**APPENDIX**

**PROPOSED RULES**

Part 95 of Chapter 1 of Title 47 of the Code of Federal Regulations is
proposed to be 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, make a voice page, or to conduct a brief
test.

\(b\) 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. The FRS unit
may transmit digital data containing location information. Digital data
transmissions shall not exceed one second, must be initiated by a manual
key press, and shall be limited to no more than one digital transmission
within a ten-second period.

> \* \* \* \* \*

3\. Section 95.631 is proposed to be amended by revising paragraph (d)
to read as follows:

**§ 95.631 Emission bandwidth.**

\* \* \*

(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 or digital

data transmission of location information.

\* \* \* \* \*

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

[^2]: 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.

[^3]: *See* Garmin International, Inc., Petition for Rulemaking,
    RM-10070 (filed Dec. 26, 2000) (Petition)*.*

[^4]: Letter from Garmin International, Inc. to Federal Communications
    Commission (dated June 22, 2000) (June 2000 Waiver Request). *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 (August 2000 Letter).

[^5]: Garmin International, Inc., *Order*, 15 FCC Rcd 19143 (WTB PSPWD
    2000) (*Garmin Order*).

[^6]: *See* Garmin International, Inc., *Order on Reconsideration*, 16
    FCC Rcd 7753, 7756 ¶ 8 (WTB PSPWD 2001) (*Garmin Reconsideration
    Order*).

[^7]: *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) (*Report and
    Order*).

[^8]: *Id*. at 12977 ¶ 2, 12979 ¶ 5.

[^9]: *Id*. at 12977 ¶ 2, 12983 ¶ 17.

[^10]: *See* 47 C.F.R. §§ 95.193(a), 95.629(d).

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

[^12]: 47 C.F.R. § 95.631(d). F3E is a type of voice emission.

[^13]: 47 C.F.R. § 95.193(a).

[^14]: *Id*.

[^15]: 47 C.F.R. § 95.193(b).

[^16]: Petition at 2.

[^17]: *Id*. 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.

[^18]: *Id*. at 3.

[^19]: Garmin *Reconsideration Order*, 16 FCC Rcd at 7753 ¶ 3.

[^20]: *Id.*

[^21]: The public was invited to comment on the Petition. *See Public
    Notice*, Report No. 2467 (Feb. 20, 2001). Mr. William C. Houlne
    (Houlne), opposes the petition on the basis that Garmin's proposal
    fails to provide any meaningful enhancement to FRS. Houlne Comment
    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).

[^22]: Petition at 8.

[^23]: *Id*. at 9.

[^24]: *Id*.

[^25]: *Id*. at 7.

[^26]: *Id*. at 2 fn. 2. Selective Availability (SA) was the intentional
    degradation of the GPS signal. SA variability degraded GPS position
    accuracy to a radius of 100M. SA was turned off May 2, 2000.

[^27]: *Id* at 6.

[^28]: *Id.* at 5.

[^29]: *Id*. at 6.

[^30]: Comment of William C. Houlne at 3.

[^31]: *Id*. at 1.

[^32]: Petition at 6.

[^33]: Petition at Exhibit A.

[^34]: 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*, Comment of William C. Houlne at
    2.

[^35]: Comment of William C. Houlne at 3.

[^36]: *Id.*

[^37]: *Id.*

[^38]: *Id*. at 2, 4-7.

[^39]: *See* 5 U.S.C. § 603. 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).

[^40]: 5 U.S.C. § 605(b).

[^41]: 5 U.S.C. § 601(6).

[^42]: 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."

[^43]: 15 U.S.C. § 632.

[^44]: 5 U.S.C. § 605(b).

[^45]: 5 U.S.C. § 605(b).

[^46]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Memorandum Opinion and Order*, 13 FCC Rcd 11322 (1998).