**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 99-366         |
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**REPORT AND ORDER**

**Adopted:** September 27, 2002 **Released:** October 8, 2002

By the Commission:

# Introduction and Executive Summary

1.  In the *Notice of Proposed Rule Making* (*Notice*)[^1] in this
    proceeding, the Commission proposed to establish a new Subpart H -
    Personal Locator Beacons (PLB) under Part 95 of the Commission's
    Rules, to permit the use of frequency 406.025 MHz for personal
    locator beacons. In this *Report and Order*, we amend our rules to
    provide for licensing individual 406 MHz PLBs by rule, require
    mandatory registration of 406 MHz PLB with the National Oceanic and
    Atmospheric Administration (NOAA), and require manufacturers of 406
    MHz PLBs to comply with the Radio Technical Commission for Maritime
    Services (RTCM) Recommended Standards for 406 MHz Satellite PLBs. We
    believe that these rule changes will further the public interest by
    facilitating the use of radio spectrum to increase the safety of the
    general public in life-threatening conditions in remote environments
    after all other means of notifying search and rescue (SAR)
    responders have been used. In addition, we dismiss as moot requests
    by ACR Electronics Inc. (ACR) and McMurdo Limited (McMurdo) for
    waiver of the Commission\'s Rules to permit the type certification
    of a new 406 MHz personal emergency position indicating radiobeacon
    (EPIRB),[^2] for the reason that the rule changes we adopt today
    permit the equipment proposed by ACR and McMurdo.

# Background

2.  Emergency position indicating radiobeacon stations are used to send
    distress signals that alert SAR personnel. In the United States such
    beacons are named emergency locator transmitters (ELTs) when carried
    on aircraft and EPIRBs when carried on ships. ELTs and EPIRBs
    transmit distress signals on 121.500 MHz, 243.000 MHz and 406.025
    MHz to the COSPAS/SARSAT[^3] satellite system. The SARSAT satellites
    are in low-earth and geostationary orbits, and detect and locate
    signals from users in distress. The SARSAT satellites relay distress
    signals from emergency beacons to a network of ground stations and
    ultimately to the U.S. Mission Control Center (USMCC) operated by
    NOAA in Suitland, Maryland. The USMCC processes the distress signal
    and alerts the appropriate search and rescue authorities.[^4] EPIRBs
    and ELTs are designed to transmit distress signals on 121.500 MHz
    and 243.000 MHz transmit continuous signals that are amplitude
    modulated with an audio swept tone.[^5] In addition to signaling the
    satellite, these stations also provide distress alerting and
    guidance (*i.e.*, "homing") assistance in emergency situations.
    EPIRBs and ELTs designed to transmit distress signals on 406.025 MHz
    transmit short, digital signals to provide distress alerting in
    emergencies, and use 121.500 MHz to provide homing. The 406.025 MHz
    digital signal contains information on the type of emergency, the
    country and identification code of the beacon in distress, and other
    information to facilitate SAR operations. Further, 406 MHz distress
    signals can be stored on-board COSPAS/SARSAT satellites and then
    later retransmitted to a ground station, thus eliminating the
    \"blind spots\"[^6] that exist with the older 121.500 MHz and
    243.000 MHz EPIRBs and ELTs.

3.  In 1983, at the Mobile World Administrative Radio Conference for the
    Mobile Services (MOB-83), the frequency 406.025 MHz was allocated
    for the exclusive use of low-power, earth-to-space emergency
    position indicating radiobeacons.[^7] On August 24, 1988, the
    Commission adopted rules authorizing the use of this frequency for
    EPIRBs in the Maritime Radio Services.[^8] On May 3, 1993, the
    Commission also adopted rules authorizing the use of this frequency
    for ELTs in the Aviation Radio Services.[^9] As an integral part of
    these rule amendments, the Commission adopted technical standards
    for such radiobeacons.[^10] The Commission\'s experience to date
    with EPIRBs and ELTs that operate on this frequency has been
    favorable.[^11]

4.  Currently, our Rules do not authorize use of radiobeacons for the
    purpose of signaling distress in a non-aviation or non-marine
    emergency. Individuals participating in outdoor activities in remote
    areas have no personal emergency locator device available for use by
    the general public. Other countries, such as Canada, Australia,
    Denmark, France, Germany, Norway, and Russia, have authorized the
    use of 406 MHz PLBs for this purpose. On June 3, 1993, NOAA,
    recognizing the potential benefits of applying satellite technology
    to improving the effectiveness and efficiency of search and rescue
    operations through the use of 406 PLBs, filed a petition for
    rulemaking requesting that the Commission amend its Rules to
    authorize the use of frequency for 406.025 MHz PLBs.[^12]

5.  While NOAA's petition was pending, the Commission granted the State
    of Alaska a developmental license to use Canadian-approved PLBs in
    Alaska.[^13] In addition to the developmental license from the
    Commission, the State of Alaska has a Memorandum of Understanding
    with the NOAA, the United States Air Force Rescue Coordination
    Center (AFRCC), the United States Coast Guard\'s (Coast Guard) North
    Pacific Rescue Coordination Center, and the Alaska State Troopers,
    all of which participate in the PLB program. State and Federal
    agencies, as well as private businesses and individuals utilize the
    developmental program.[^14] It is believed that this developmental
    program has contributed to the efficient, timely and safe usage of
    SAR resources in Alaska.[^15]

6.  On January 18, 2000, the Commission released the *Notice* in this
    proceeding, proposing to authorize the use of 406 MHz PLBs. Twenty
    comments and three reply comments were received.[^16]

7.  With respect to ACR\'s and McMurdo's requests for waiver, their
    descriptions of their 406 MHz Personal EPIRB generally meet that of
    a 406 MHz EPIRB station. *See* 47 C.F.R. § 80.1061. ACR's and
    McMurdo's 406 MHz Personal EPIRBs are designed to be small,
    lightweight and be worn on one\'s person as a personal EPIRB for use
    when all other means of self rescue are exhausted. While ACR's and
    McMurdo's 406 MHz Personal EPIRBs are similar to a 406 MHz EPIRB
    station, they do not meet the RTCM Recommended Standards for 406 MHz
    EPIRBs in the following areas: strobe light, stability & buoyancy
    requirements, operating life of the battery, leakage and immersion
    requirements and survivability of a twenty meter drop into
    water.[^17] Absent a waiver of these standards, ACR\'s and McMurdo's
    406 MHz Personal EPIRBs could not be certified for operation under
    Part 80 of the Commission\'s Rules. They do, however, appear to meet
    the requirements of the RTCM Recommended Standards for 406 MHz
    Satellite PLBs which allow for a lighter, less robust beacon.[^18]
    On January 24, 2002, we sought comment on ACR's waiver request.
    [^19] Three parties filed comments.[^20]

# discussion

8.  Most commenters agree that we should authorize 406 MHz PLBs. They
    state an important benefit of 406 MHz PLBs would be their potential
    to save lives in distress incidents that occur in remote terrain
    where terrestrial communications coverage does not exist.[^21]
    Additionally, 406 MHz PLBs could significantly reduce the cost, time
    and effort expended to locate those in distress in remote
    locations.[^22] Several state agencies oppose the use of 406 MHz
    PLBs, believing that they could result in an increase in the number
    of emergency incidents thereby compromising their ability to
    respond, and that significant costs to SAR programs could be
    involved in using these beacons.[^23] We conclude that it is in the
    public interest to amend our rules to authorize the use of 406 MHz
    PLBs by the general public. We do not expect the use of PLBs to
    create a burden on state agencies because the beacons will enhance
    their ability to provide SAR services to the public in a more timely
    and more efficient manner.

    **A. Frequency**

9.  *Proposal:* In the *Notice*, the Commission proposed to permit the
    use of 406.025 MHz for PLBs.[^24] NOAA and the National Search and
    Rescue Committee (NSARC) (formerly the Interagency Committee for
    Search and Rescue (ICSAR)) state that COSPAS/SARSAT has mandated
    that new 406 MHz beacons type approved after January 1, 2002 shall
    transmit on 406.028 MHz.[^25] They recommend modification of the
    proposed rule to allow 406 MHz PLBs to transmit on frequencies in
    the 406.0--406.1 MHz band. Such a change is warranted because new
    satellite beacon productions may be on frequencies in 3 kHz steps
    within the 406-406.1 MHz band to prevent saturation of the 406.025
    MHz frequency. The Radio Technical Commission for Maritime (RTCM)
    Services, an industry standards-setting organization, states it is
    revising the RTCM Recommended Standards for 406 MHz Satellite
    Personal Locator Beacons (PLBs) to reflect the change in frequency
    from 406.025 MHz to 406.028 MHz.[^26]

10. *Decision:* Given the COSPAS/SARSAT mandate, we conclude that our
    rules should allow PLB operation in the 406.0-406.1 MHz band. This
    will conform our rules to be consistent with our action in WT Docket
    No. 00-48 to reflect the frequency reference for 406 MHz EPIRBs as
    406.0-406.1 MHz.[^27] Additionally, this will allow for the
    efficient use of the COSPAS/SARSAT system and result in improved
    rescue efforts. Therefore, we will amend our Rules to reflect the
    frequency reference to 406 MHz PLBs as 406.0-406.1 MHz.

    **B. Licensing**

11. *Proposal:* The Commission proposed that individual 406 MHz PLBs
    should be authorized by rule, *i.e.*, that there should be no
    individual licensing requirement.[^28] It believed that there are
    millions of potential users due to the proposed broad eligibility
    and operational provisions for 406 MHz PLBs, and that authorizing by
    rule would eliminate administrative burdens for both the public and
    the Commission without having a negative impact on safety or
    spectrum management.[^29] The Commission also sought comment on how
    a PLB program should be managed to best promote the efficient and
    controlled use of 406 MHz PLBs.[^30] It proposed a state-managed
    program, under which individual state authorities that desire and
    are willing to accept responsibility for managing a 406 MHz PLB
    program would be authorized by the Commission to become PLB program
    managers.[^31] For those states choosing not to be authorized by the
    Commission or to designate a single point of contact for NOAA for
    the purpose of receiving distress alerts, the ICSAR recommended that
    land-based distress alerts (*i.e.*, alerts received from locations
    on land), including new 406 MHz PLB alerts, continue to be handled
    under current procedures.[^32] Currently, NOAA relays land-based
    alerts to AFRCC, which relays them to points of contact designated
    by the states.[^33]

12. *Decision*: The National Association for Search and Rescue
    (NASAR),[^34] the United States Marine Safety Association
    (USMSA),[^35] and other commenters[^36] support the Commission's
    proposal to license 406 MHz PLBs by rule. The State of Washington's
    Department of Transportation, Aviation Division (Washington Aviation
    Division) opposes the authorization of 406 MHz PLBs to the general
    public without very strong safeguards against their use in
    non-distress situations.[^37] It recommends a five hundred percent
    excise tax on 406 MHz PLBs at the time of manufacture or import,
    with funds placed in a SAR account administered by AFRCC.[^38] Most
    commenters do not believe that such measures, beyond the enforcement
    tools already available (including such actions as letters of
    inquiry, investigations, letters of admonishment/warning, notices of
    violation, imposing penalties, and accessing monetary forfeitures),
    are necessary.[^39] Some predict that the number of 406 MHz PLB
    users will not be large enough for false alerts (*i.e.*,
    non-distress alerts) to become a significant problem. Additionally,
    consumer use of 406 MHz PLBs does not raise concerns related to
    responding to E911 emergency calls made from limited-capability,
    noninitialized mobile phones, such as \"911-only\" phones that are
    not equipped to receive calls because of the unique identification
    code associated with 406 MHz PLBs.[^40] The 406 MHz PLBs will be
    required to have an identification code programmed in each PLB unit
    to establish a unique identification for each PLB station. This
    number is required to be registered, along with user information
    (*e.g.* address, emergency phone number) in a NOAA maintained
    database. The incidents of 406 MHz PLB false alerts will be further
    mitigated by the requirement in the RTCM standards for 406 MHz PLBs
    to have not less than two independent means for manual
    activation[^41]. The several commenters who believe current
    safeguards and enforcement tools are adequate also argue that
    because the availability of other alternatives such as wireless
    phones, because of the limitations of the 406 MHz PLB as a
    communications device,[^42] and because of the expected high cost of
    406 MHz PLBs due to the proposed technical requirements and a
    requirement for the beacon's battery to have a service life of five
    years, the number of potential users will be kept low.[^43] We agree
    with the majority of commenters, and will adopt the proposal to
    license 406 MHz PLBs by rule.

13. Many commenters agree, based on the Alaskan experience, that the 406
    MHz PLB program should be managed by the individual states that need
    and are prepared to implement it.[^44] NOAA concurs in principle
    with the proposal to allow individual states to choose to be
    licensed by the FCC, and notes that a separate agreement with NOAA
    may not be necessary for each state. NOAA recommends that a general
    agreement, with provisions for states to accede to the agreement,
    may be sufficient. NOAA recommends that state authorities be
    responsible for ensuring necessary distress assistance is
    available.[^45] Other commenters suggest that existing state
    agreements with AFRCC should be used, and new agreements are
    unnecessary.[^46]

14. AFRCC, which has responsibility for inland SAR, initially stated
    that 406 MHz PLB alerts are missing person incidents and are the
    responsibility of local sheriff or state emergency management
    agencies, so NOAA should send such alerts directly to the applicable
    responsible state or local agency.[^47] AFRCC indicated that its
    designation as a central point of contact for 406 MHz PLBs would
    degrade its ability to conduct inland SAR and that it should not
    receive or act on 406 MHz PLB alerts.[^48] In a subsequent filing,
    however, AFRCC concurred with the procedures described in the
    *Notice* for alerts relayed by NOAA, which are that with prior
    coordination and mutual agreement, land-based alerts are relayed by
    the AFRCC to points of contact designated by the various
    states.[^49] AFRCC requests that the 406 MHz PLBs rules become
    effective on or about July 1, 2003, which would allow AFRCC, NOAA
    and state agencies time to coordinate the transfer of distress
    alerts to responsible state agencies. [^50]

15. We agree with commenters that the states need a single point of
    contact for receiving and coordinating the responses to distress
    alerts.[^51] AFRCC has agreed to coordinate this effort. We are
    amending our Rules, effective on July 1, 2003, to facilitate this
    coordination.

    **C. Mandatory Registration**

16. *Proposal*: Currently, NOAA administers and maintains a database for
    406 MHz EPIRBs and ELTs, which contains more than 50,000 unique
    identification codes and registration information for these
    beacons.[^52] The Commission proposed to require beacon owners to
    register 406 MHz PLBs with NOAA.[^53] It also proposed to require
    manufacturers to program each 406 MHz PLB with a unique code and to
    provide on each 406 MHz PLB a plate or label containing the
    registration instructions; and to include with each marketed 406 MHz
    PLB a pre-addressed postcard soliciting the name, address, telephone
    number, and identification code of the owner for registration in
    NOAA\'s database.[^54] These requirements currently apply to
    manufacturers of EPIRBs and ELTs.[^55]

17. *Decision*: Because mandatory registration will help government SAR
    operations to work better and cost less, we are amending the rules
    to require mandatory registration, as proposed.[^56] No commenter
    opposed mandatory registration or requiring that each 406 MHz PLB be
    programmed with a unique code. Commenters disagree, however, on
    whether registration should be accomplished on the same basis as it
    is for EPIRBs and ELTs,[^57] or accomplished by requiring
    point-of-sale registration.[^58] We perceive potential drawbacks to
    point-of-sale registration. For example, a retailer could sell the
    beacons world-wide through mail order and the seller would not have
    immediate access to registration information. Additionally, buyers
    may purchase PLBs as gifts and not have needed registration
    information. Requiring registration at the time of purchase would
    misplace the responsibility for registration on the vendors and
    retailers instead of on the owner of the PLB. We believe that the
    current registration method works adequately, and we have no reason
    to expect it to work less well for PLBs than it does for EPIRBs and
    ELTs.[^59] Therefore, we are not amending the rules to require
    registration at the point of sale.

18. With respect to the issue of how to treat rented PLBs, NASAR and the
    Washington Emergency Management Division recommend a requirement
    that businesses renting 406 MHz PLBs make available to NOAA the
    information on individuals renting beacons.[^60] We agree that
    businesses renting 406 MHz PLBs should be required to make available
    the emergency contact information on individuals renting beacons,
    but realize that reporting frequent changes in user information to
    NOAA could be an administrative burden on the businesses and NOAA.
    Therefore, we will require that 406 MHz PLBs that are rented be
    registered to the business rather than to the renter. The business
    will provide a twenty-four hour point of contact that is able to
    help in identifying the nature of the activation and the
    individual's identification so that SAR personnel will be able to
    respond quickly to the distress alerts. The Coast Guard uses similar
    procedure for 406 MHz EPIRBs that are rented by businesses.

    **D. Equipment Authorization**

19. *Proposal*: The Commission proposed[^61] that 406 MHz PLBs be
    required to comply with the technical standards in the Radio
    Technical Commission for Maritime (RTCM) Service document entitled
    RTCM Recommended Standards for 406 MHz Satellite Personal Locator
    Beacons (PLBs),[^62] and to incorporate the RTCM technical standards
    by reference in Part 95 of our Rules.[^63] It also sought comment on
    applicable international requirements not covered in RTCM\'s
    technical standards; and asked whether 406 MHz PLBs capable of
    operating on 406.025 MHz should be certified as meeting
    COSPAS/SARSAT standards by an independent laboratory as is required
    for 406.025 MHz EPIRBs, or whether the Commission\'s certification
    process is sufficient.[^64]

20. *Decision*: As supported by the majority of commenters, we are
    amending our Rules to require 406 MHz PLBs to comply with the
    technical standards in the RTCM Recommended Standards for 406 MHz
    Satellite Personal Locator Beacons, and requiring certification by a
    COSPAS/SARSAT laboratory and an independent laboratory.[^65] We
    disagree with the view of Monolithics that the COSPAS/SARSAT
    certification and approval alone is sufficient.[^66] COSPAS/SARSAT
    ensures only that 406 MHz PLBs are compatible with the COSPAS/SARSAT
    satellite system. The RTCM document provides minimum requirements
    for the functional and technical performance of 406 MHz PLBs, which
    go beyond the COSPAS/SARSAT specifications. RTCM states that it is
    in the process of revising the RTCM Recommended Standards for 406
    MHz Satellite Personal Locator Beacons (PLBs), which will include
    the latest update of the technical standards for beacons used in the
    COSPAS/SARSAT system. The revisions consist of minor corrections and
    clarifications, changes in beacon messages containing location
    information, and a change in the 406 MHz PLB transmitting
    frequency.[^67]

21. The National Telecommunications and Information Administration
    (NTIA) reviewed the proposal and has no objections to permitting 406
    MHz PLBs to operate on 121.5 MHz for "homing" purposes, provided
    that our Rules include conditions that 1) limit transmitter power on
    121.5 MHz to no more than twenty-five milliwatts; 2) the transmitter
    signal include a unique identifier, specifically Morse code "P";
    and 3) the 406 MHz PLB is returned to the manufacturer or authorized
    factory service center for an operational checkout after an
    activation.[^68] We will incorporate NTIA's first two conditions
    into our rules. We do not believe, however, that it is necessary to
    require that the 406 MHz PLB be returned to the manufacturer or
    authorized factory service center for an operational checkout after
    any activation. There are no such requirements for 406 MHz EPIRBs or
    ELTS. We believe that the compliance with RTCM technical standards,
    certification by a COSPAS/SARSAT laboratory and an independent
    laboratory, and the NOAA registration database, is sufficient to
    ensure proper operation of the beacon.

    **E. Other Issues**

22. The Personal Radio Steering Group (PRSG) recommends that Global
    Positioning System (GPS)[^69] information be incorporated into the
    data message transmitted by the beacon to assist SAR personnel and
    distinguish areas where resources other than conventional SAR
    agencies would be a more logical choice as a responder.[^70] We will
    permit, but not require, GPS to be incorporated into the PLB signal.
    This is consistent with what the RTCM Recommended Standards for 406
    MHz Satellite Personal Locator Beacons already provide.[^71]

23. The Region-20 821 MHz Public Safety Regional Plan Review Committee
    (Region-20)[^72] believes SAR responders require the ability to
    communicate directly with individuals in distress, and requests that
    we authorize the frequency 406.025 MHz for PLBs and that the
    1750-1800 kHz band[^73] be allocated to a new Personal Emergency
    Communications Service to be proposed under a new Subpart I Part 95
    or under Part 99.[^74] The PRSG agrees with Region-20 that two-way
    communications are needed but questions the appropriateness of the
    1750-1800 kHz band. PRSG suggests a frequency closer to 406.025 MHz,
    with the 406 MHz PLB transmitting voice communications on one
    frequency and receiving on a second frequency. PRSG also suggests
    that existing two-way communications alternatives such as Citizens
    Band and Family Radio Service be considered.[^75] The *Notice* did
    not discuss whether 406 MHz PLBs should include the ability to
    communicate directly with individuals in distress, nor do the RTCM
    standards provide technical specifications for two-way
    communications. Besides PRSG, no other commenter addressed adding
    two-way communications capability to 406 MHz PLBs. We believe that
    the issue of allocating additional frequencies for two-way
    communications is outside the scope of this proceeding and,
    therefore, we are not amending our rules to require such
    communications.[^76]

24. Finally, we note that on January 20, 2001, ACR filed a request for
    waiver of Section 80.1061 of the Commission's Rules[^77] to permit
    type certification of an EPIRB meant to be carried on one's person,
    rather than stowed on board a ship. Additionally, on August 23,
    2002, McMurdo filed a similar request for waiver of Section 80.1061
    of the Commission's Rules. As a consequence of being smaller and
    lighter than standard EPIRBs, ACR's and McMurdo's personal EPIRBs do
    not conform to all of the technical requirements for a 406 MHz
    EPIRB.[^78] However, from the information before us, it appears that
    ACR's and McMurdo's personal EPIRBs do conform to the technical
    requirements we adopt today for 406 MHz PLBs.[^79] Therefore, we
    dismiss as moot ACR's and McMurdo's waiver request.[^80]

# CONCLUSION

25. The 406 MHz PLB is primarily intended to provide a distress and
    alerting capacity for use by the general public in life-threatening
    situations in a remote environment after all other means of
    notifying SAR responders (*e.g.*, telephone, radio) have been
    exhausted. Accordingly, we are amending our Rules to establish a new
    Subpart H - Personal Locator Beacons (PLB) under Part 95 of the
    Commission Rules to permit the use of 406.025 MHz and 406.028 MHz
    for personal locator beacons.[^81] Further, we have proposed to
    license individual 406 MHz PLBs by rule and require registration of
    406 MHz PLB with NOAA. We believe that these rules will further the
    public interest by facilitating the use of radio spectrum to
    increase safety of the general public.

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V.  **PROCEDURAL MATTERS**

**Final Regulatory Flexibility Analysis**

26. A Final Regulatory Flexibility Analysis is included in Appendix B.

    **Further Information**

27. For further information concerning the Report and Order, contact
    James Shaffer via phone at (202) 418-0680, via email at
    <jshaffer@fcc.gov>, via TTY (202) 418-7233, Wireless
    Telecommunications Bureau, Federal Communications Commission,
    Washington, D.C. 20554.

**Alternative Formats**

28. Alternative formats (computer diskette, large print, audio cassette
    and Braille) of this *Report and Order* are available to persons
    with disabilities by contacting Brian Millin at (202) 418-0260,
    TTY (202) 418-2555, or at bmillin@fcc.gov. This *Report and Order*
    can also be downloaded at http://www.fcc.gov/dtf/.

    **VI. ORDERING CLAUSES**

29. Accordingly, IT IS ORDERED, pursuant to the authority of Sections
    4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i), 303(r), 332(a)(2), Parts 80, 87 and 95
    of the Commission\'s Rules, that 47 C.F.R. Parts 80, 87 and 95 ARE
    AMENDED as set forth in the attached Appendix C.

30. IT IS FURTHER ORDERED that the rule changes adopted herein for 47
    C.F.R Parts 80 and 87 will become effective \[thirty days after
    publication in the Federal Register\]. The rule changes adopted
    herein for 47 C.F.R. Part 95 will become effective on July 1, 2003.

31. IT IS FURTHER ORDERED that the Commission\'s Reference Information
    Center, Consumer Information Bureau, SHALL SEND a copy of this
    *Report and Order*, WT Docket No. 99-366, including the Final
    Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
    of the Small Business Administration.

32. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925, ACR's
    request for waiver of Section 80.1061 of the Commission\'s Rules, 47
    C.F.R. §§ 80.1061, filed on January 10, 2001, and McMurdo's request
    for waiver of Section 80.1061 of the Commission\'s Rules, 47 C.F.R.
    §§ 80.1061, filed on August 23, 2002, to permit type certification
    of ACR's personal EPIRB, FCC Identification Number B66ACR-PLB-100,
    and McMurdo's personal EPRIB, FCC Identification Number KLS85860,
    respectively, ARE DISMISSED AS MOOT.

33. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), that
    this proceeding IS TERMINATED.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

Secretary

**APPENDIX A**

**LIST OF COMMENTERS**

ACR Electronics, Inc. (ACR)

Colorado Office of Emergency Management (COEM)

Colorado Search and Rescue Board (Colorado SAR Board)

Department of the Air Force, Air Force Rescue Coordination Center
(AFRCC)

Douglas County Emergency Management Agency, State of Oregon (Douglas
County)

Gwin, Thomas K.

Montana Department of Transportation (Montana)

National Association for Search and Rescue (NASAR)

National Oceanic and Atmospheric Administration (NOAA)

National Search and Rescue Committee (NSARC)

National Telecommunications and Information Administration (NTIA)

Oregon State Department of State Police

Personal Radio Steering Group (PRSG)

Radio Technical Commission for Maritime Services (RTCM)

Ralston Cunningham Associates (Cunningham)

Region-20 821 MHz Public Safety Regional Plan Review (Region-20)

State of Nebraska (Nebraska)

United States Marine Safety Association (USMSA)

Washington State Department of Transportation, Aviation Division
(Washington Aviation Division)

Washington State Emergency Management Division (Washington EMD)

LIST OF REPLY COMMENTERS

California Public-Safety Radio Association

Microwave Monolithics Inc. (Monolithics)

Region-20 821 MHz Public Safety Regional Plan Review (Region-20)

**APPENDIX B**

**FINAL REGULATORY FLEXIBILITY ANALYSIS (FRFA)**

As required by the Regulatory Flexibility Act (RFA),[^82] an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the *Notice*
prepared in this proceeding.[^83] The Commission sought written public
comment on the proposals in the *Notice*, including comments on the
IRFA. This present FRFA conforms to the RFA.[^84]

**A. Need for, and Objectives of, the Report and Order:**

1\. In this proceeding, we amend Part 95 of the Commission\'s Rules to
authorize the use of the frequency 406 MHz for personal locator beacons
(PLBs) to provide individuals in remote areas a means to alert others of
an emergency situation and help search and rescue personnel locate those
in distress.

**B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA:**

2\. No comments were submitted specifically in response to the IRFA.

**C. Description and Estimate of the Number of Small Entities to Which
the Adopted**

**Rules Will Apply:**

3\. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^85] The RFA generally
defines the term \"small entity\" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdiction.\"[^86] In addition, the term \"small
business\" has the same meaning as the term \"small business concern\"
under the Small Business Act.[^87] 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).[^88] A small
organization is generally \"any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.[^89]
The adopted rules would apply to small businesses that manufacturer,
design, import, sell, rent, or use radiobeacon equipment designed for
distress alerting and location. PLBs will be used to provide a distress
and alerting capacity for use by the general public in a life-
threatening condition in a remote environment after all other means of
notifying search and rescue responders have been used. These beacons
will be manufactured, designed, imported and sold by companies of all
sizes operating in the U.S. We concluded that these small businesses are
classified in Communications Equipment, N.E.C., (Standard Identification
Code 3669) as entities employing less than 750 employees as defined in
13 C.F.R. § 121.201. The size data provided by the SBA shows that 469
firms out of 498 firms in the Communications Equipment, NEC
classification have less than 750 employees but did not enable us to
make a meaningful estimate of the number of potential manufacturers
which are small businesses.[^90] No comments were received on the number
of small businesses which could be impacted by the proposed rule
changes.

**D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements:**

4\. This proceeding contains a reporting requirement to require
businesses renting and owners of 406 MHz Personal Locator Beacons (PLBs)
to register information such as name, address, type of vessel with the
National Oceanic and Atmospheric Administration (NOAA). The information
would be used by search and rescue personnel to identify the persons in
distress and to select the proper rescue units and search methods.

**E. Steps Taken to Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered:**

5\. The Commission in this proceeding has considered comments on making
frequency spectrum available to authorize the use of personal locator
beacons. It has adopted alternatives which minimize burdens placed on
small entities. The adopted rules will have a beneficial economic impact
on small business entities that manufacturer, design, import, sell, or
use radiobeacon equipment designed for distress alerting and location.
This approach promotes technological innovations in radiobeacon
equipment. This approach will allow the states to help manage its
terrestrial search and rescue resources and assure that these
radiobeacons will operate properly thus enhancing protection of life and
property.

6\. To minimize any negative impact on search and rescue responders
receiving distress alerts, we have offered the option of utilizing the
existing procedures. These procedures are that with prior coordination
and mutual agreement, land-based alerts will be relayed by the United
States Air Force Rescue Coordination Center to a point of contact
designated by the state. In addition, the Commission declined to require
businesses renting PLBs to the public to notify NOAA each time a beacon
is rented; instead, such business must register once with NOAA and
provide a 24-hour point of contact.

**F. Report to Congress**: The Commission will send a copy of the
*Report and Order*, including this FRFA, in a report to be sent to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996, *see* 5 U.S.C. § 801(a)(1)(A). In addition, the Commission
will send a copy of the *Report and Order*, including this FRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the *Report and Order* and FRFA (or summaries thereof) will also be
published in the Federal Register. *See* 5 U.S.C. § 604(b).

**APPENDIX C**

**FINAL RULE**

**Parts 80, 87 and 95 of Chapter 1 of Title 47 of the Code of Federal
Regulations is amended as follows:**

**I. PART 80 - STATIONS IN THE MARITIME SERVICES**

1\. The authority citation for Part 80 continues to read as follows:

**AUTHORITY: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise
noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.**

2\. Section 80.1061is amended to revise paragraphs (e) and (f) to read
as follows:

**§ 80.1061 Special requirements for 406.025 MHz EPIRBs.**

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

\(e\) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager for
the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in
each EPIRB unit to establish a unique identification for each EPIRB
station. With each marketable EPIRB unit, the manufacturer or grantee
must include a postage pre-paid registration card printed with the EPIRB
identification code addressed to: SARSAT Beacon Registration, NOAA,
NESDIS, E/SP3, RM 3320, FB-4, 5200 Auth Road, Suitland, MD 20746-4304.
The registration card must request the owner\'s name, address, telephone
number, type of ship, alternate emergency contact and include the
following statement: "WARNING\--failure to register this EPIRB with NOAA
before installation could result in a monetary forfeiture being issued
to the owner.\'"

\(f\) To enhance protection of life and property, it is mandatory that
each 406.025 MHz EPIRB be registered with NOAA before installation and
that information be kept up-to-date. Therefore, in addition to the
identification plate or label requirements contained in Secs. 2.925, and
2.926 of this chapter, each 406.025 MHz EPIRB must be provided on the
outside with a clearly discernable permanent plate or label containing
the following statement: "The owner of this 406.025 MHz EPIRB must
register the NOAA identification code contained on this label with the
National Oceanic and Atmospheric Administration (NOAA), whose address
is: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, RM 3320, FB-4, 5200
Auth Road, Suitland, MD 20746-4304." Vessel owners shall advise NOAA in
writing upon change of vessel or EPIRB ownership, transfer of EPIRB to
another vessel, or any other change in registration information. NOAA
will provide registrants with proof of registration and change of
registration postcards.

\* \* \* \* \*

**II. Part 87 - AVIATION SERVICES**

3\. The authority citation for Part 87 continues to read as follows:

**AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e)
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068,
1081-1105, as amended; 47 U.S.C. 151-156, 301-609.**

4\. Section 87.199 is amended to revise paragraphs (e) and (f) to read
as follows:

**§ 87.199 Special requirements for 406.025 MHz ELTs**.

\* \* \* \* \*

\(e\) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager for
the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in
each ELT unit to establish a unique identification for each ELT station.
With each marketable ELT unit the manufacturer or grantee must include a
postage pre-paid registration card printed with the ELT identification
code addressed to: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, RM
3320, FB-4, 5200 Auth Road, Suitland, MD 20746-4304. The registration
card must request the owner\'s name, address, telephone number, type of
aircraft, alternate emergency contact and include the following
statement: \`"WARNING\--failure to register this ELT with NOAA before
installation could result in a monetary forfeiture being issued to the
owner."

\(f\) To enhance protection of life and property, it is mandatory that
each 406.025 MHz ELT must be registered with NOAA before installation
and that information be kept up-to-date. In addition to the
identification plate or label requirements contained in Secs. 2.925 and
2.926 of this chapter, each 406.025 MHz ELT must be provided on the
outside with a clearly discernable permanent plate or label containing
the following statement: "The owner of this 406.025 MHz ELT must
register the NOAA identification code contained on this label with the
National Oceanic and Atmospheric Administration (NOAA), whose address
is: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, RM 3320, FB-4, 5200
Auth Road, Suitland, MD 20746-4304.\'" Aircraft owners shall advise NOAA
in writing upon change of aircraft or ELT ownership, or any other change
in registration information. Fleet operators must notify NOAA upon
transfer of ELT to another aircraft outside of the owner's control, or
an other change in registration information. NOAA will provide
registrants with proof of registration and change of registration
postcards

\* \* \* \* \*

**III. Part 95 - PERSONAL RADIO SERVICES**

1\. The authority citation for Part 95 continues to read as follows:

**AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

2\. New Subpart H is added to read as follows:

**Subpart H - Personal Locator Beacons (PLB).**

§ 95.1201 Basis and purpose.

§ 95.1203 Frequency

§ 95.1205 Special requirements for 406 MHz PLBs.

**Subpart H Personal Locator Beacons (PLB).**

**§ 95.1201 Basis and purpose.**

The rules in this subpart are intended to provide individuals in remote
areas a means to alert others of an emergency situation and to aid
search and rescue personnel locate those in distress. The effective date
for the rules in this subpart will be July 1, 2003.

**§ 95.1203 Frequency.**

The frequency band 406.0-406.1 MHz is an emergency and distress
frequency band available for use by Personal Locator Beacons (PLBs).
Personal Locator Beacons that transmit on the frequency band 406.0-406.1
MHz must use G1D emission. Use of these frequencies must be limited to
transmission of distress and safety communications.

**§ 95.1205 Special requirements for 406 MHz PLBs.**

\(a\) All 406 MHz PLBs must meet all the technical and performance
standards contained in the Radio Technical Commission for Maritime
(RTCM) Service document \"RTCM Recommended Standards for 406 MHz
Satellite Personal Locator Beacons (PLBs)," Version 1.1, RTCM Paper
76-2002/SC110-STD, dated June 19, 2002. This RTCM document is
incorporated by reference in accordance with 5 U.S.C. 552(a), and 1 CFR
Part 51. Copies of the document are available and may be obtained from
the Radio Technical Commission for Maritime Services, 1800 Diagonal
Road, Suite 600, Alexandria, Virginia 22314-2840. The document is
available for inspection at Commission headquarters at 445 12th Street,
Washington, D.C. 20554. Copies may also be inspected at the Office of
the Federal Register, 800 North Capital Street N.W., Suite 700,
Washington, DC.

\(b\) The 406 MHz PLB must contain, as an integral part, a homing beacon
operating only on 121.500 MHz and meeting all requirements described in
the RTCM Recommended Standards document described in paragraph (a) of
this section. The 121.500 MHz homing beacon must have a continuous duty
cycle that can be interrupted only during the transmission of the 406
MHz signal. The 406 MHz PLB shall transmit a unique identifier (Morse
code "P") on the 121.500 MHz signals.

\(c\) Before a 406 MHz PLB certification application is submitted to the
Commission, the applicant must have obtained certification from a test
facility, recognized by one of the COSPAS/SARSAT Partners, that the PLB
satisfies the standards contained in the COSPAS/SARSAT document
COSPAS/SARSAT 406 MHz Distress Beacon Type Approval Standard (C/S
T.007). Additionally, an independent test facility must certify that the
PLB complies with the electrical and environmental standards associated
with the RTCM Recommended Standards.

\(d\) The procedures of Notification by the equipment manufacturer and
Certification from either the Commission or designated
Telecommunications Certification Body are contained in Subpart J of Part
2 of this chapter.

\(e\) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager for
the 406 MHz COSPAS/SARSAT satellite system, must be programmed in each
PLB unit to establish a unique identification for each PLB station. With
each marketable PLB unit, the manufacturer or grantee must include a
postage pre-paid registration card printed with the PLB identification
code addressed to: SARSAT Beacon Registration, NOAA, NESDIS, E/SP3, Room
3320, FB-4, 5200 Auth Road, Suitland, Maryland 20746-4303. The
registration card must request the owner's name, address, telephone
number, alternate emergency contact and include the following statement:
''WARNING---failure to register this PLB with NOAA could result in a
monetary forfeiture order being issued to the owner.''

\(f\) To enhance protection of life and property, it is mandatory that
each 406 MHz PLB be registered with NOAA and that information be kept
up-to-date. In addition to the identification plate or label
requirements contained in Secs 2.925 and 2.926 of this chapter, each 406
MHz PLB must be provided on the outside with a clearly discernable
permanent plate or label containing the following statement: ''The owner
of this 406 MHz PLB must register the NOAA identification code contained
on this label with the National Oceanic and Atmospheric Administration
(NOAA) whose address is: SARSAT Beacon Registration, NOAA, NESDIS,
E/SP3, Room 3320, FB-4, 5200 Auth Road, Suitland, Maryland 20746-4303.''
Owners shall advise NOAA in writing upon change of PLB ownership, or any
other change in registration information. NOAA will provide registrants
with proof of registration and change of registration postcards.

\(g\) For 406 MHz PLBs with identification codes that can be changed
after manufacture, the identification code shown on the plate or label
must be easily replaceable using commonly available tools.

[^1]: *See* Amendment of Part 95 of the Commission's Rules to authorize
    the use of 406.025 MHz for Personal Locator Beacons (PLB), *Notice
    of Proposed Rule Making,* PR Docket No. 99-366*,* 15 FCC Rcd 949
    (2000) (*Notice*).

[^2]: Letter, dated January 10, 2001, from John Flood, Vice
    President/Engineering, ACR Electronics Inc., to James Shaffer,
    Public Safety and Private Wireless Division, Federal Communications
    Commission, (*ACR Letter)*. Request for Waiver of 47 CFR 80.1061,
    submitted August 23, 2002, from Richard Read, Senior Engineer,
    McMurdo Limited, (*McMurdo Request)*.

[^3]: "COSPAS" is an acronym for a Russian phrase meaning "space system
    for search and distress vessels." "SARSAT" is an acronym for "search
    and rescue satellite-aided tracking."

[^4]: Land-based distress alerts (*i.e.*, alerts received from locations
    on land) are distributed to the Air Force Rescue Coordination Center
    (AFRCC) at Langley Air Force Base, Virginia, which coordinates all
    inland SAR activities in the continental United States; and maritime
    distress alerts are distributed to Coast Guard Rescue Coordination
    Centers, which are set up to cover specific geographic areas.

[^5]: An audio swept tone assists SAR personnel in locating distress
    beacons by providing a distinctive aural signal. *See* 47 C.F.R. §
    80.1053(7).

[^6]: \"Blind spots\" in the current 121.5/243.0 MHz satellite system
    are a result of radiobeacons transmitting a signal while out of the
    satellite's coverage area. The satellite is not able to provide
    radio coverage to or "see" to every location on earth on an
    uninterrupted basis. For 406 MHz alerts, if the satellite is in view
    of a COSPAS/SARSAT ground station when it receives an alert, the
    satellite sends the data to the ground station in real-time. If the
    satellite is not in view of a ground station when it receives a 406
    MHz alert signal, it stores and retransmits the data to the next
    ground station that sees that satellite. This provides global
    coverage for 406 MHz distress signals.

[^7]: *See* International Radio Regulation No. 2997A.

[^8]: *See* Amendment of the Maritime Services Rules To Allow Ships To
    Use 406.025 MHz Emergency Position Radiobeacons for Distress
    Alerting and Search and Rescue Functions, *Report and Order*, PR
    Docket No. 86-424, 3 FCC Rcd 5406 (1988).

[^9]: *See* Amendment of the Aviation Rules (Part 87) to Authorize the
    Use of the Frequency 406.025 MHz for Emergency Locator Transmitters
    (ELTs), *Report and Order*, PR Docket No. 92-125, 8 FCC Rcd 3185
    (1993).

[^10]: 47 C.F.R. §§ 80.1061, 87.199.

[^11]: *See*, *e.g.*, Amendment of Parts 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, 5957 ¶ 30 (2000); Amendment of Part 80 of the
    Commission's Rules Concerning the General Exemption for Large
    Oceangoing Cargo Vessels and Small Passenger Vessels, *Report and
    Order*, WT Docket No. 93-133, 10 FCC Rcd 12199, 12201 ¶ 12 (1995).

[^12]: The Commission gave public notice of the filing of NOAA's
    petition for rulemaking, designating it RM-8267. *See* Public Notice
    No. 1945 (rel. June 15, 1993).

[^13]: Letter, dated March 7, 1995, from Walter G. Boswell, Chief,
    Special Services Branch, Private Radio Bureau, Federal
    Communications Commission, to Robert A. Larson, State of Alaska.

[^14]: Letter, dated September 10, 1997, from Colonel Glenn Godfrey,
    Director, Alaska State Troopers, to Michael J. Regiec, Acting Chief,
    Licensing and Technical Analysis Branch, Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau.

[^15]: *Id*. at 1.

[^16]: A list of commenters is provided in Appendix A.

[^17]: *ACR Letter* at 1 -- 2. *McMurdo Request* at 3 -- 4.

[^18]: ACR and McMurdo's 406 MHz Personal EPIRBs do not meet the RTCM
    Recommended Standards in the following areas: strobe light,
    stability & buoyancy requirements, operating life of the battery,
    leakage and immersion requirements and survivability of a twenty
    meter drop into water. Thus, a waiver request was previously
    required to be certified for operation under Part 80 of the
    Commission's Rules. With adoption of this *Report and Order*,
    specifically Section 95.1205(a) of the Commission's Rules the
    technical standards now appear to be consistent with the
    requirements of the petitioners' devices.

[^19]: Wireless Telecommunication Bureau Seeks Comment on Request for
    Waiver by ACR Electronics Inc. for Type Certification of Personal
    406 MHz Emergency Position Indicating Radio Beacon (EPIRB), *Public
    Notice*, 17 FCC Rcd 1500 (2002).

[^20]: Comments were filed NOAA, Coast Guard and Microwave Monolithics
    Inc. (Monolithic). No reply comments or *ex parte* submissions were
    filed in this matter.

[^21]: National Search and Rescue Committee (NSARC) Comments at 5.

[^22]: *See, e.g.,* United States Marine Safety Association (USMSA)
    Comments at 1; Ralston Cunningham Associates (Cunningham) Comments
    at 1.

[^23]: *See,* *e.g*., Colorado SAR Board Comments at 2; Montana Comments
    at 1; Nebraska Comments at 1; Colorado OEM Comments at 1.

[^24]: *Notice*, 15 FCC Rcd at 951 ¶ 5.

[^25]: NOAA Comments at 1; NSARC Comments at 1; *see* Specifications for
    COSPAS/SARSAT 406 MHz Distress Beacons, C/S T.001, Issue 3 --
    Revision 2, Oct. 1998.

[^26]: RTCM Comments at 1.

[^27]: *See*, Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Report and Order*, WT Docket
    No. 00-48, 17 FCC Rcd 6741 ¶ 85 (2000).

[^28]: *Notice*, 15 FCC Rcd at 952 ¶ 8.

[^29]: *Id.*

[^30]: *Id.*

[^31]: *Id.* at 952 ¶¶ 7-8.

[^32]: *Id.*

[^33]: *Id.* at 952 ¶ 7.

[^34]: NASAR Comments at 1.

[^35]: USMSA Comments at 2.

[^36]: *See, e.g.,* ACR Electronics Inc. (ACR) Comments at 1;
    Monolithics Reply Comments at 1.

[^37]: Washington Aviation Division Comments at 1.

[^38]: *Id*. at 2; *see also* NSARC Comments at 4 (unrestricted use of
    406 MHz PLBs could result in a large number of users and negatively
    impact SAR response systems).

[^39]: *See, e.g.,* Washington Emergency Management Division (Washington
    EMD) Comments at 1; NASAR Comments at 1; ACR Comments at 1.

[^40]: Unlike non-initialized mobile phones, 406 MHz PLBs have a unique
    identification code transmitted with the distress signal which, when
    registered with NOAA will provide user information to aid in the
    search and rescue of the individual. Thus, 406 MHz PLBs do not share
    the concerns about responding to emergency 911 calls. *See* Revision
    of the Commission's Rules to Ensure Compatibility with Enhanced 911
    Emergency Calling Systems, CC Docket No. 94-102, 17 FCC Rcd 8481.

[^41]: Version 1.1, RTCM Paper 76-2002/SC110-STD at 2-15.

[^42]: NOAA Comments at 2; *see also* NSARC Comments at 5 (the
    development of two-way communications technologies will eventually
    make 406 MHz PLBs obsolete as a primary means of alerting).

[^43]: Monolithics Reply Comments at 1.

[^44]: *See, e.g.,* NSARC Comments at 3; Oregon State Dept. of Police
    Comments at 2; Douglas County, Oregon Emergency Management Agency
    (Douglas County) Comments at 1.

[^45]: NOAA Comments at 2.

[^46]: Cunningham Comments at 2; Monolithic Reply Comments at 1.

[^47]: AFRCC Comments at 1.

[^48]: *Id.*

[^49]: AFRCC Further Comments at 1.

[^50]: *Id.*

[^51]: *See* USMSA Comments at 2.

[^52]: *Notice*, 15 FCC Rcd at 953 ¶ 9.

[^53]: *Id.*

[^54]: *Id.*

[^55]: *See* 47 C.F.R. §§ 80.1061(e)-(f), 87.199(e)-(f). We note that
    NOAA has changed the location of its EPIRB and ELT registration
    operations. We take this opportunity to update 47 C.F.R. §§
    80.1061(e)-(f), 87.199(e)-(f) to reflect NOAA's new address.

[^56]: This information collection has been approved by the Office of
    Management and Budget, Control No. 3060-0916.

[^57]: NOAA Comments at 2.

[^58]: Douglas County Comments at 1; Oregon State Dept. of Police
    Comments at 2; and ACR Comments at 1. Point of sale registration
    would require that before a 406 MHz PLB can be purchased, the owner
    must provide a completed registration card to the seller, both
    retail and mail vendors, who would then send the registration
    information to NOAA.

[^59]: If the owner fails to register, NOAA will still receive a
    distress alert signal which will contain a unique identification
    code and an accurate location (2 to 5 km). The registration
    information allows authorities to attempt to contact the PLB
    registrant to verify an emergency exists before initiating a rescue.

[^60]: Washington EMD Comments at 1; NASAR Comments at 1.

[^61]: *Notice*, 15 FCC Rcd at 953 ¶ 10.

[^62]: Version 1.1, RTCM Paper 76-2002/SC110-STD.

[^63]: The Technical Standards are available in the Commission\'s docket
    file in this proceeding or may be purchased from the Commission\'s
    copy contractor, Qualex International, Portals II, 445 12th Street,
    S.W., Room CY-B402, Washington, D.C. 20554, tel. 202-863-2893. The
    Commission must obtain authorization from the Director of the
    Federal Register prior to incorporating by reference the technical
    standards in Part 95 of our rules. *See* 1 C.F.R. Part 51.

[^64]: *Notice*, 15 FCC Rcd at 953-54 ¶ 10.

[^65]: USMSA Comments at ¶ 10; ACR Comments at 1; NOAA Comments at 2;
    NSARC Comments at 4; Washington EMD Comments at 1.

[^66]: Monolithics Reply Comments at 1-2.

[^67]: RTCM Comments at 1. *See supra*, ¶ 6.

[^68]: *See* Letter, dated September 7, 2000, from William T. Hatch,
    Associate Administrator for Spectrum Management, NTIA, to Dale
    Hatfield, Chief, Office of Engineering and Technology, Federal
    Communications Commission.

[^69]: GPS is a satellite-based global navigation system originally
    developed by the U.S. Department of Defense to enhance the
    effectiveness of U.S. military forces. Over the years, GPS also has
    been used in civilian applications requiring precise location
    information (*e.g.*, mapping, surveying, and navigation). The GPS
    consists of twenty-four satellites, with the orbits of these
    satellites designed so that multiple satellites are passing over any
    given spot on the earth\'s surface at any given time. Each satellite
    transmits a time-coded signal. A GPS receiver then uses data from
    multiple satellites to rapidly calculate the location, altitude, and
    velocity of a vehicle or aircraft carrying the receiver.

[^70]: PRSG Comments at 2.

[^71]: Version 1.1, RTCM Paper 76-2002/SC110-STD at 2-13 -- 2-14.

[^72]: Region-20 is a regional public safety planning committee created
    to develop regional plans tailored to the particular communications
    needs of Public Safety users in Region 20, which includes District
    of Columbia, Maryland, and Northern Virginia.

[^73]: This band is currently allocated to the International Fixed
    Public (Part 23), Maritime and Private Land Mobile Radio Services.
    *See* 47 C.F.R. §§ 2.106, 23.20, 80.353 (radiotelegraphy), 90.103
    (radiolocation).

[^74]: Region-20 Comments at 14

[^75]: PRSG Comments at 3.

[^76]: Contrary to the suggestion of Region-20, we believe it premature
    to initiate a rulemaking proceeding on the matter. However, we
    reserve discretion to revisit the issue after we and the SAR
    community gain experience regarding the use of 406 MHz PLBs.

[^77]: 47 C.F.R. § 80.1061.

[^78]: *See id.*

[^79]: ACR states that its personal EPIRB has been previously type
    accepted in Canada as a PLB, and that it meets the RTCM Recommended
    Standards for 406 MHz Satellite PLBs.

[^80]: *See*, *e.g.*, Revision of the Commission's Rules to Ensure
    Compatibility with Enhanced 911 Emergency Calling Systems, *Fourth
    Report and Order*, CC Docket No. 94-102, 15 FCC Rcd 25216, 25219-20
    ¶ 11 (2000); Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services, *Third Report and Order and Memorandum Opinion
    and Order*, CC Docket No. 92-297, 15 FCC Rcd 11857, 11872 ¶ 36
    (2000).

[^81]: COSPAS/SARSAT has mandated that 406 MHz beacons type approved
    after January 1, 2002 shall transmit on 406.028 MHz in order to
    prevent saturation on the 406.025 MHz frequency. In the future,
    additional frequencies could be made available in 3 kHz steps within
    the 406-406.1 MHz band. We believe that authorizing the 406-406.1
    MHz band is more efficient, because it avoids the need to revise the
    rules each time COSPAS/SARSAT adds a frequency.

[^82]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et seq*.,
    has been amended by the Contract with America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^83]: *See* Amendment of Part 95 of the Commission's Rules to authorize
    the use of 406.025 MHz for Personal Locator Beacons (PLB), *Notice
    of Proposed Rule Making,* WT Docket No. 99-366, 15 FCC Rcd 949
    (2000) (*Notice*).

[^84]: *See* 5 U.S.C. § 604.

[^85]: 5 U.S.C. § 603(b)(3).

[^86]: 5 U.S.C. § 601(6).

[^87]: 5 U.S.C. 601(3) (incorporating by reference the definition of
    \"small business concern\" in 15 U.S.C. 632). Pursuant to the RFA,
    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.\" 5 U.S.C. § 601(3).

[^88]: Small Business Act, 15 U.S.C. § 632 (1996).

[^89]: 5 U.S.C. § 601(4).

[^90]: U.S. Small Business Administration 1992 Economic Census Industry
    and Enterprise Report, Table 1D, SIC Code 3669, (Bureau of the
    Census data adapted by the Office of Advocacy of the U.S. Small
    Business Administration).