**DA 08-1077**

**Released: May 6, 2008**

WIRELESS TELECOMMUNICATIONS BUREAU AND PUBLIC SAFETY AND HOMELAND
SECURITY BUREAU SEEK COMMENT ON REQUEST FOR WAIVER BY RECONROBOTICS,
INC. TO ALLOW CERTIFICATION AND USE OF REMOTE-CONTROLLED SURVEILLANCE
ROBOT OPERATING AT 430-448 MHz

WP Docket No. 08-63

## Comment Date: May 27, 2008 Reply Date: June 6, 2008

On January 11, 2008, ReconRobotics, Inc. (ReconRobotics) filed a request
for waiver of Part 90 of the Commission\'s Rules[^1] with respect to the
Recon Scout, which is a remote-controlled, maneuverable surveillance
robot designed for use in areas that may be too hazardous for human
entry. It can be thrown, dropped, or launched into hazardous areas and
can provide an operator located a safe distance away with video and
audio, along with infrared, biological, chemical, heat, radiation, or
other needed data. ReconRobotics seeks a waiver to permit equipment
certification of the Recon Scout, and its use by state and local law
enforcement and firefighting agencies and by security personnel in
critical infrastructure industries.

A waiver is required to permit licensing of the Recon Scout because the
device operates in the 430-448 MHz band, which is allocated to the
Federal Government Radiolocation service on a primary basis, and to the
amateur service and certain Non-Federal radiolocation systems on a
secondary basis.[^2] ReconRobotics asserts that because the Recon Scout
operates with a peak power of 1 watt peak (0.25 watts average), it is
unlikely to cause interference to these services. ReconRobotics
indicates that the Part 15 rules for the 915 MHz, 2.4 GHz, and 5.8 GHz
bands are not suitable for the Recon Scout because they do not permit
enough power for building penetration; and that use of those bands would
require additional power, resulting in batteries too big and heavy for a
device intended to be small and light enough to be dropped or thrown.
ReconRobotics also proposes a number of waiver conditions, including:
limiting eligibility to law enforcement and firefighting agencies, and
critical infrastructure industry security personnel; limiting use to
actual emergencies involving threats to safety of life, and necessary
training; limiting the number of units to be sold; and permitting
operation only on a secondary basis with respect to Federal users, on a
non-interference basis to the amateur radio service, and on a co-equal
basis with respect to other non-Federal users. We seek comment on the
waiver request.[^3]

**Procedural Matters**

Comments on the request are due **no later than May 27, 2008**. Reply
comments are due **no later than June 6, 2008**. All filings should
reference the docket number of this proceeding, WP 08-63.

This proceeding has been designated as a "permit-but-disclose"
proceeding in accordance with the Commission\'s *ex parte* rules.[^4]
Parties making oral *ex parte* presentations in this proceeding are
reminded that memoranda summarizing the presentation must contain the
presentation's substance and not merely list the subjects discussed.[^5]
More than a one- or two-sentence description of the views and arguments
presented is generally required.[^6]

The request is available for public inspection and copying in the
Commission\'s Reference Center, Room CY-A257, 445 12th Street, S.W.,
Washington, D.C. 20554. Copies of the Request also may be obtained via
the Commission\'s Electronic Comment Filing System (ECFS) by entering
the docket number, WP 08-63. Copies of the request are also available
from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile
(301) 816-0169, e-mail FCC@BCPIWEB.com.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. *See* Electronic Filing of
Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments
filed through the ECFS can be sent as an electronic file via the
Internet to http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of
an electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
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." A sample form and
directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission\'s contractor will receive hand-delivered
or messenger-delivered paper filings for the Commission\'s Secretary at
236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

-The filing hours at this location are 8:00 a.m. to 7:00 p.m.

-All hand deliveries must be held together with rubber bands or
fasteners.

-Any envelopes must be disposed of before entering the building.

-Commercial overnight mail (other than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.

-U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

-All filings must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission.

Parties shall send one copy of their comments and reply comments to Best
Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, (800) 378-3160, e-mail FCC@BCPIWEB.com.

Comments filed in response to this *Public Notice* will be available for
public inspection and copying during business hours in the FCC Reference
Information Center, Portals II, 445 12th Street S.W., Room CY-A257,
Washington, D.C. 20554, and via the Commission\'s Electronic Comment
Filing System (ECFS) by entering the docket number, WP 08-63. The
comments may also be purchased from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (301) 816-0169, e-mail
FCC@BCPIWEB.com.

Alternate formats of this *Public Notice* (computer diskette, large
print, audio recording, and Braille) are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 (voice), (202)
418-7365 (TTY), or send an e-mail to access@fcc.gov.

For further information, contact Mr. Tim Maguire of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-2155,
tim.maguire@fcc.gov, or Mr. Zenji Nakazawa of the Public Safety and
Homeland Security Bureau, Policy Division, at (202) 418-7949,
zenji.nakazawa@fcc.gov.

Action by the Acting Deputy Chief, Wireless Telecommunications Bureau,
and the Deputy Chief, Public Safety and Homeland Security Bureau.

\- FCC -

[^1]: 47 C.F.R. Part 90.

[^2]: *See* 47 C.F.R. §§ 2.106, 90.103(c)(21),
    97.303(f).  Non-Government radiolocation stations are secondary to
    both Government radiolocation stations and amateur stations.

[^3]: Commenters supporting the waiver request should address what
    service and technical rules should be waived, and should also
    consider whether the proposed operations require a waiver of the
    U.S. Table of Frequency Allocations, 47 C.F.R. § 2.106.

[^4]: *See* 47 C.F.R. §§ 1.1200(a), 1.1206.

[^5]: *See* Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings, *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^6]: *See* 47 C.F.R. § 1.1206(b)(2). Other rules pertaining to oral and
    written presentations are also set forth in Section 1.1206(b). *See*
    47 C.F.R. § 1.1206(b).