Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) |                              |
|                                  | \ |                              |
| GARMIN INTERNATIONAL, INC.       | ) |                              |
|                                  | \ |                              |
| Request for Waiver of Family     | ) |                              |
| Radio Service Rule Sections      | \ |                              |
| 95.193(a) and 95.631(d) to       | ) |                              |
| Authorize Manufacture, Sale and  | \ |                              |
| Use of GPS Transmission Enhanced | ) |                              |
| FRS Units                        | \ |                              |
|                                  | ) |                              |
| Request for Waiver 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                    | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

ORDER

**Adopted: September 28, 2000 Released: September 29, 2000**

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

# introduction

1.  On June 22, 2000, Garmin International, Inc. (Garmin) filed a
    request for waiver of the Family Radio Service (FRS) rules.[^1]
    Garmin requests waiver of the rules that authorize two-way voice
    communications with another person using a FRS unit and that permit
    FRS units to transmit only emission type F3E and tones to establish
    or continue voice communications[^2] so that it can manufacture and
    market inexpensive handheld FRS transceivers capable of transmitting
    Global Positioning System (GPS) location information on FRS
    channels.[^3] For the reasons stated below, Garmin's request for
    waiver of the Commission\'s Rules is granted in part.

# BACKGROUND

2.  In 1996, the Commission established the FRS as a very short
    distance, two-way personal radio service.[^4] The *Report and Order*
    established the FRS primarily on the basis that it would fill a
    market niche in short distance, personal communications needs.[^5]
    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.[^6] 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, and to prevent the
    FRS from being used as a substitute for other personal
    communications services, non-voice emission types, except tones
    transmitted to establish or continue voice communications, were not
    authorized.[^7] FRS units also may be used to transmit one-way
    communications to send an emergency message.[^8]

3.  On August 4, 1999, Garmin filed a request for waiver[^9] of Sections
    95.193(a), 95.193(b), and 95.631(d) of the Commission's FRS
    rules.[^10] Garmin maintained that these waivers were necessary for
    it to receive FCC certification for a FRS transceiver that is
    capable of transmitting location information derived from the
    GPS.[^11] Garmin proposed to manufacture a handheld communications
    device that would include a polling feature whereby each unit would
    be able to page other units thereby causing the other units to
    automatically transmit their GPS-derived location so that the
    location of the transmitting unit could be displayed on the map of
    the receiving unit.[^12] On February 28, 2000, the Wireless
    Telecommunications Bureau's Public Safety and Private Wireless
    Division (Division) denied Garmin's request for waiver on the
    grounds that Garmin had failed to demonstrate, as required by our
    Rules governing waiver requests, that either a) the underlying
    purpose of the FRS rules would not be served or would be frustrated
    by their application in this context; or b) that because of unique
    or unusual circumstances, application of the rules would be
    inequitable, unduly burdensome or contrary to the public interest,
    or that Garmin had no reasonable alternative. [^13]

4.  On March 29, 2000, Garmin filed a petition seeking reconsideration
    of the Division's decision.[^14] Garmin stated that the Division's
    concerns that the units it proposed to manufacture could be used for
    tracking purposes and to poll the location of other FRS units could
    be adequately addressed by eliminating the polling feature and
    designing the FRS units so that transmission of location information
    would be possible only by human intervention, *i.e.*, a user would
    be required to press a button on the unit in order to transmit the
    unit's location.[^15] On June 27, 2000, Garmin informed the
    Commission, by letter, that it desired to withdraw the
    petition.[^16] Based on our understanding that Garmin is no longer
    interested in pursuing reconsideration of the Division's decision,
    we will grant its request to withdraw its petition for
    reconsideration.

5.  In its June 2000 Waiver Request, Garmin again requests waiver of two
    rule sections that were included in its August 1999 Waiver
    Request.[^17] Specifically, Garmin requests waiver of the FRS rules
    that authorize an individual to use a FRS unit to conduct two-way
    voice communications with another person and that permit FRS units
    to transmit only emission type F3E and selective calling or
    tone-operated squelch tones to establish or continue voice
    communications.[^18] Garmin seeks the waiver so that it can receive
    FCC certification of a FRS transceiver that transmits GPS location
    information using emission type F2D in a digital data burst of not
    more than one second.[^19] Garmin also states that, unlike the unit
    proposed in its August 1999 Waiver Request, GPS location information
    would be transmitted by a FRS unit only by the user pressing a
    button on the unit.[^20] On August 28, 2000, Garmin clarified that
    the units it proposed to manufacture would be standard FRS voice
    communication radios incorporating an enhancement which would permit
    transmission of GPS location information.[^21] Garmin also stated
    that it would be possible to limit transmission of GPS information
    to only once every 10 seconds if a user were to repeatedly press the
    transmit button or switch.[^22]

# discussion

6.  The Commission's Rules provide that we may grant a waiver request
    if a) the underlying purpose of the rules would not be served or
    would be frustrated by application to the instant case, and a waiver
    would be in the public interest; or b) in view of unique or unusual
    circumstances, application of the rules would be inequitable, unduly
    burdensome or contrary to the public interest, or the applicant has
    no reasonable alternative.[^23] Recently the Commission reiterated
    that waiver of its rules is appropriate only if special
    circumstances warrant a deviation from the general rule, and such a
    deviation will serve the public interest.[^24] It is against this
    backdrop that we will analyze Garmin's June 2000 Waiver Request. For
    the reasons set forth below, we believe that allowing FRS units to
    transmit location information derived from the GPS would further the
    Commission's stated goals in establishing the FRS.

7.  Based on the information before us, we conclude that the underlying
    purpose of the FRS rules potentially would be frustrated by
    application of Sections 95.193(a) and 95.631(d) of the Commission's
    Rules to the instant matter. We note, as an initial matter, that
    these rules are intended to ensure that FRS is used to meet the
    needs of families and other small groups for direct, short range,
    two-way voice communications, particularly when persons become
    separated, either planned or inadvertently.[^25] The FRS rules also
    provide that one-way emergency messages may be sent, thereby
    facilitating the safety of family or group members who have become
    inadvertently separated.[^26] Garmin's request appears to be
    premised upon its belief that permitting the transmission of
    GPS-derived location information on FRS channels would be a
    significant enhancement to FRS.[^27] In this connection, we note
    that the enhancement proposed by Garmin is the direct result of
    technological developments that have occurred since the creation of
    FRS. Garmin has provided examples of how the units that it proposes
    to market could be used, including facilitating the location of lost
    family members in the woods or at amusement parks.[^28] Thus, we
    believe that permitting the implementation of Garmin's proposal
    would further the purposes for which the FRS was created.

8.  We nonetheless believe that it is important to ensure that there are
    safeguards to ensure that such enhancement does not result in a
    departure from the basic nature of the FRS. In this regard, we note
    that Garmin recently submitted information showing that transmission
    of GPS-derived location information would only be an enhancement to
    its FRS unit's voice capabilities[^29] and that it would be possible
    to limit transmission of this information to only once every ten
    seconds.[^30] Thus, we will require that Garmin design its units to
    limit transmission of GPS-derived location information to only once
    every ten seconds. We also will require that Garmin include
    information in the instructions accompanying its units that the
    capability to transmit GPS-derived location information is provided
    for personal and public safety purposes and that transmission of
    GPS-derived location information for other location determination
    purposes is not authorized by the FRS rules. We believe that these
    requirements are necessary in order to emphasize to users that the
    capability to transmit GPS-derived location information is an
    enhancement provided for personal and public safety purposes.

9.  In addition, we will require that Garmin incorporate the change it
    has suggested, redesigning the proposed FRS unit so that it can not
    automatically poll other units to determine their location based on
    GPS data,[^31] to insure that the purpose of the FRS rules is not
    defeated. As we noted above, this change does not prevent a user
    from transmitting GPS-derived location information every ten seconds
    for personal or public safety purposes. It does, however, prevent a
    user from deploying numerous units and using them for applications
    such as surveying or tracking, albeit within a limited area, because
    such uses would appear to be inconsistent with the underlying
    purposes of the FRS. We also will require that Garmin inform users
    that if interference to a GPS-derived location information
    transmission is received from a FRS voice transmission, the user
    transmitting GPS-derived location information must accept this
    interference.

# conclusion and ordering clauseS

10. We conclude that grant of a waiver is in the public interest because
    it could result in the FRS being used for additional personal and
    public safety applications. Accordingly, we grant a one-year waiver
    to Garmin to permit it to manufacture and market FRS transceivers
    capable of transmitting GPS location information on FRS channels,
    subject to the following conditions and requirements:

-   Garmin is authorized to manufacture and market for a one-year trial
    period FRS transceivers that are capable of transmitting location
    information derived from the GPS on FRS channels, provided that the
    FRS transceiver complies with all other technical standards
    applicable to the FRS.[^32] This waiver is granted on the condition
    that the FCC may immediately terminate the waiver if harmful
    interference[^33] is reported to the Commission.

-   Garmin must include information in the instructions accompanying its
    units that the capability to transmit GPS-derived location
    information is provided for personal and public safety purposes and
    that transmission of GPS-derived location information for other
    location determination purposes is not authorized by the Commission.

-   Garmin must design the units it proposes to manufacture to limit
    transmission of emission type F2D GPS-derived location information
    digital data bursts to not longer than one second and not more
    frequently than once every 10 seconds.

-   Garmin must inform users that if interference to a GPS-derived
    location information transmission is received from a FRS voice
    transmission, the user transmitting GPS-derived location information
    must accept this interference.

-   Garmin must redesign the units it proposes to manufacture so a unit
    can not automatically poll other units to determine their location
    based on GPS-derived location information.

11. Accordingly, IT IS ORDERED that pursuant to Sections 4(f) and 4(i)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(f),
    154(i), and Section 1.925 of the Commission\'s Rules, 47 C.F.R. §
    1.925, Garmin International, Inc.'s request for waiver of Sections
    95.193(b) and 95.631(d) of the Commission\'s Rules, filed June 22,
    2000, IS GRANTED IN PART for one year from the date of this *Order*,
    to the extent indicated herein.

12. IT IS FURTHER ORDERED that pursuant to Sections 4(i) and 405 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405,
    and Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106,
    Garmin International, Inc.'s request on June 27, 2000, to withdraw
    its petition for reconsideration filed on March 29, 2000, IS
    GRANTED.

13. This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131,
    0.331.

FEDERAL COMMUNICATIONS COMMISSION

D\'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: Letter from Garmin International, Inc. to Federal Communications
    Commission (dated June 22, 2000) (June 2000 Waiver Request).

[^2]: *See* 47 C.F.R. §§ 95.193(a) and 95.631(d), respectively.

[^3]: June 2000 Waiver Request at 1.

[^4]: *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 (1996) (*Report and Order*).

[^5]: *Id*. at 12978 ¶ 2.

[^6]: *Id*.

[^7]: *Id*. at 12984 ¶ 13; *see also* 47 C.F.R. §§ 95.193(a), 95.629(d).

[^8]: *See* 47 C.F.R. § 95.193(a).

[^9]: Letter from Garmin International, Inc. to D'wana Terry, Chief,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, Federal Communications Commission (dated
    August 4, 1999) (August 1999 Waiver Request).

[^10]: *See* 47 C.F.R. §§ 95.193(a), 95.193(b), and 95.631(d),
    respectively. The August 1999 Waiver Request requested waiver of the
    FRS rules that authorize an FRS user to use an FRS unit to conduct
    two-way voice communications with another person, that allow FRS
    units to transmit tones to make contact or continue communications
    with a particular FRS unit, and that permit an FRS unit to transmit
    only emission type F3E. A non-voice emission is limited to tones to
    establish or continue voice communications.

[^11]: August 1999 Waiver Request at 1.

[^12]: *Id.* at 2.

[^13]: *See* Letter from D'wana R. Terry, Chief, Public Safety and
    Private Wireless Division, to Andrew R. Etkind, General Counsel,
    Garmin International, Inc. (February 28, 2000) (Denial Letter).

[^14]: *See* Petition for Reconsideration filed March 29, 2000.

[^15]: *Id.* at 2-3.

[^16]: Letter from Garmin International, Inc. to Chief, Public Safety
    and Private Wireless Division, Wireless Telecommunications Bureau,
    Federal Communications Commission (dated June 27, 2000).

[^17]: June 2000 Waiver Request at 1.

[^18]: *See* 47 C.F.R. §§ 95.193(a) and 95.631(d), respectively.
    Emissions are designated by an alphanumeric code that indicates the
    type of modulation of the main carrier, nature of the signal(s)
    modulating the main carrier, and the type of information to be
    transmitted. 47 C.F.R. § 2.201(b). F3E is a type of voice emission.
    47 C.F.R. § 2.201(e).

[^19]: June 2000 Waiver Request at 2. F2D is a type of data
    transmission. 47 C.F.R. § 2.201(e).

[^20]: *Id*. at 1.

[^21]: Letter from Garmin International, Inc. to D'wana Terry, Chief,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, Federal Communications Commission (dated
    August 28, 2000) (August 2000 Letter).

[^22]: *Id*.

[^23]: *See* 47 C.F.R. § 1.925(b)(3).

[^24]: *See* Revision of the Commission's Rules To Ensure Compatibility
    with Enhanced 911 Emergency Calling Systems, *Fourth Memorandum
    Opinion and Order*, CC Docket No. 94-102, FCC 00-326, ¶ 43 (rel.
    September 8, 2000).

[^25]: *See* *Report and Order*, 11 FCC Rcd at 12978 ¶ 3.

[^26]: *See* 47 C.F.R. § 95.193(a).

[^27]: June 2000 Waiver Request at 3.

[^28]: *Id*.

[^29]: August 2000 Letter at 1.

[^30]: *Id*.

[^31]: June 2000 Waiver Request at 1.

[^32]: If Garmin wishes to obtain permanent authorization to manufacture
    and market such units, it should file a petition for rulemaking
    proposing the necessary revisions to the FRS rules. *See* 47 C.F.R.
    § 1.401.

[^33]: Harmful interference for purposes of this waiver will be
    considered interference which endangers the functioning of a
    radionavigation service or of other safety services or seriously
    degrades, obstructs or repeatedly interrupts another
    radiocommunication service operating in accordance with the
    Commission's Rules or the international *Radio Regulations*.