Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) |                              |
|                                  | \ |                              |
| GARMIN INTERNATIONAL, INC.       | ) |                              |
|                                  | \ |                              |
| Request for Waiver of Sections   | ) |                              |
| 95.29(f)(1), 95.119(a)(1),       | \ |                              |
| 95.181(a), 95.183(a)(4), and     | ) |                              |
| 95.631(a) and (f) of the         | \ |                              |
| Commission's Rules to Authorize  | ) |                              |
| Manufacture, Sale, and Use of    | \ |                              |
| GPS Transmission Enhanced GMRS   | ) |                              |
| Units                            | \ |                              |
|                                  | ) |                              |
|                                  | \ |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

ORDER

**Adopted: December 23, 2008 Released: December 24, 2008**

By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau:

# introduction

1.  In this *Order*, we consider a request to extend a waiver of the
    General Mobile Radio Service (GMRS) rules permitting Garmin
    International, Inc. (Garmin) to market GMRS transceivers with the
    capability of transmitting Global Positioning System (GPS)
    coordinates as non-voice data. In 2004, the Public Safety and
    Critical Infrastructure Division (PSCID),[^1] Wireless
    Telecommunications Bureau (Bureau) granted Garmin a two-year
    conditional waiver of Sections 95.29(f)(1), 95.119(a)(1), 95.181(a),
    95.183(a)(4), and 95.631(a) and (f) of the Commission's Rules.[^2]
    In 2006, the Bureau's Mobility Division (Division) granted a
    two-year extension of the waiver until December 29, 2008.[^3] On
    August 6, 2008, Garmin requested a further extension.[^4] For the
    reasons stated below, we grant Garmin's 2008 Extension Petition.
    Garmin's conditional waiver is now extended until December 29, 2010,
    under the same terms and conditions as the initial waiver.

# BACKGROUND

2.  The Commission adopted rules establishing the future GMRS over fifty
    years ago as a short-distance two-way land mobile radio service
    available for communications that facilitate personal or business
    activities of licensees and their immediate family members.[^5] In
    1988, the Commission amended the GMRS rules to provide flexibility
    to the individual user and limit eligibility for new GMRS licenses
    to individuals.[^6] In 1996, the Commission established the Family
    Radio Service (FRS) as a very short range, two-way voice personal
    radio service that provides an affordable and convenient means of
    communications among small groups of persons, including families,
    with minimal regulation.[^7] The FRS shares seven frequencies in the
    462 MHz band with the GMRS and has seven channels that are offset
    from GMRS channels in the 467 MHz band.[^8]

3.  In 2000, Garmin, a designer and manufacturer of consumer electronic
    devices, requested a waiver of the FRS rules to allow it to
    manufacture standard FRS voice communication radios incorporating an
    enhancement that would permit transmission of GPS location
    information.[^9] On September 29, 2000, the Bureau's Public Safety
    and Private Wireless Division (PSPWD)[^10] granted Garmin a partial
    waiver of Sections 95.193(b) and 95.631(d) of the Commission\'s
    Rules to allow it to manufacture and market transceivers capable of
    transmitting GPS location information on FRS channels.[^11] Under
    its waiver grant, PSPWD permitted Garmin to receive FCC
    certification of a FRS unit that would permit users to transmit GPS
    location information using emission type F2D in a digital data burst
    of not more than one second.[^12] Later that year, Garmin filed a
    petition for rulemaking seeking to amend the Commission's Rules
    essentially to codify the terms of the waiver.[^13] In 2003, the
    Commission amended its rules to permit FRS transceivers to transmit
    GPS location information (including automatic responses to
    interrogation \-- polling \-- from other units) and user-generated
    text messages.[^14]

4.  Later in 2003, Garmin requested a waiver of Sections 95.29(f)(1),
    95.119(a)(1), 95.181(a), 95.183(a)(4), and 95.631(a) and (f) of the
    Commission's Rules.[^15] Garmin sought a waiver of these rules in
    order to receive FCC certification for a GMRS transceiver that is
    capable of transmitting F2D emissions to transmit location
    information derived from the GPS, and user-generated text
    messages.[^16] Garmin argued that granting the waiver would allow it
    to extend to GMRS licensees the public safety benefits of the
    location positioning technology that FRS users enjoy.[^17] Similar
    to the FRS radios that Garmin manufactures, the proposed units would
    allow GMRS users to transmit text or location data to other GMRS
    users by manual action or command, and would automatically transmit
    GPS-derived location data when polled by another unit, with the
    location of the transmitting unit displayed on the map of the
    receiving unit.[^18]

5.  Later that year, Garmin filed a petition for rulemaking seeking to
    modify the GMRS rules to mirror the FRS rules adopted by the
    Commission earlier.[^19] In 2004, PSCID granted Garmin a two-year
    waiver to manufacture and market GMRS transceivers capable of
    transmitting GPS location information on GMRS channels, subject to
    all of the conditions for transmitting location data and text in the
    FRS.[^20] In effect, PSCID extended to GMRS licensees the public
    safety benefits of the location positioning technology that is
    available to FRS users.[^21]

6.  In 2006, Garmin sought an extension of the relief afforded in the
    *2004* *Order* for an additional two years pending resolution of the
    2003 Petition for Rulemaking.[^22] Garmin asserted that granting the
    extension would provide authority for Garmin to continue marketing
    equipment that had saved, and would continue to save, lives.[^23]
    Moreover, Garmin alleged that due to the efficiency of its non-voice
    data transmissions, it had not received any reports of harmful
    interference from the operation of its equipment.[^24] Later that
    year, the Division granted Garmin a two-year extension of the waiver
    to manufacture and market GMRS transceivers capable of transmitting
    GPS location information on GMRS channels, subject to the same
    conditions as the 2004 waiver.[^25] The Division concluded that
    granting the extension of the waiver would serve the underlying
    purpose of the GMRS rules to be a flexible, efficient and effective
    personal communications service.[^26]

7.  In the instant petition, Garmin seeks a further two-year extension
    pending resolution of the 2003 Petition for Rulemaking. Garmin
    asserts that granting the extension would provide authority for
    Garmin to continue marketing equipment that has saved, and will
    continue to save, lives.[^27] Moreover, Garmin alleges that due to
    the efficiency of its non-voice data transmissions, it has not
    received any reports of harmful interference from the operation of
    its equipment.[^28]

# DISCUSSION

8.  As PSCID stated in the *2004 Order*, application of the rules to the
    instant case would frustrate the underlying purpose of the GMRS
    rules, and a waiver is in the public interest.[^29] Although
    Garmin's technology did not exist at the time the Commission
    substantially revised the GMRS rules in 1988, we note that the
    Commission did intend GMRS to be a flexible, efficient and effective
    personal communications service.[^30] The Commission limited
    eligibility for new GMRS system licenses to individuals to focus the
    use of the limited number of GMRS channels towards the needs of the
    personal user.[^31] The Commission's stated goal was to "enhance the
    GMRS for the personal user."[^32] Therefore, consistent with the
    Commission's goals and intentions, and as requested by Garmin, the
    Commission is considering broadening the scope of the GMRS rules in
    a manner that would encompass location technology and text
    messaging.[^33] We continue to believe there is potential benefit in
    doing so. For example, Garmin has persuaded us that personal safety
    could be enhanced if GMRS users could ascertain the location of
    GMRS-equipped family or group members. Granting the further
    extension of the waiver will serve the underlying purpose of the
    GMRS rules to be a flexible, efficient and effective personal
    communications service. Accordingly, we conclude that the public
    interest factors raised by Garmin merit further extension of the
    initial waiver, under the same terms and conditions thereof, pending
    resolution of the 2003 Petition for Rulemaking.

    **IV. CONCLUSION**

9.  Garmin has satisfied the Commission's waiver criteria, thus
    warranting a further two-year extension of the waiver, subject to
    the terms and conditions of the initial waiver. Accordingly, we
    grant an extension of the waiver permitting Garmin to manufacture
    and market GMRS transceivers capable of transmitting GPS location
    information on GMRS channels until December 29, 2010, subject to all
    of the conditions for transmitting location data and text in the
    FRS[^34] and the following additional conditions and requirements
    set forth in the *2004 Order*[^35]:

\--Garmin must design the units it proposes to manufacture such that the
mobile units capable of transmitting text and GPS location data have
integrated (*i.e*., non-detachable) antennas.

\--Garmin must design the units it proposes to manufacture such that
transmission of text and GPS location data is limited to 462 MHz GMRS
channels, as specified in Section 95.29(a) and (f), which channels are
not repeater input frequencies.

\--Garmin must design the units it proposes to manufacture such that
transmission of text and GPS location data is limited to an authorized
bandwidth of no more than 12.5 kHz.

\-- Garmin must design the units it proposes to manufacture such that a
unit cannot automatically (*i.e.*, without manual action or command)
poll other units to determine their location based on GPS-derived
location information.

\--Grant of this waiver is subject to the resolution of Garmin's pending
petition for rulemaking, RM-10762.

\--We may immediately terminate the waiver if harmful interference[^36]
is reported to the Commission.

**V. ORDERING CLAUSES**

10. Accordingly, IT IS 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, Garmin
    International, Inc.'s request for extension of the waiver filed on
    August 6, 2008, IS GRANTED, and the waiver granted to Garmin
    International, Inc. on December 29, 2006 IS EXTENDED until December
    29, 2010, under the same terms and conditions as the initial waiver.

11. 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

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

[^1]: Pursuant to a Commission reorganization effective September 25,
    2006, certain duties of the Public Safety and Critical
    Infrastructure Division were assumed by the Mobility Division. *See*
    Establishment of the Public Safety and Homeland Security Bureau,
    *Order*, 21 FCC Rcd 10867 (2006).

[^2]: *See* Garmin International, Inc., *Order*, 20 FCC Rcd 982 (WTB
    PSCID 2004) (*2004 Order*). The Division granted Garmin a waiver of
    the GMRS rules that (1) require the transmission of station
    identification information following every communication or series
    of communications, (2) allow the transmission of voice type
    emissions only, (3) relate to permissible GMRS communications, (3)
    limit the types of emissions and data a GMRS transmitter may
    transmit, and (4) prohibit coded messages. *Id*.; *see* *also* 47
    C.F.R. §§ 95.29(f)(1), 95.119(a)(1), 95.181(a), 95.183(a)(4),
    95.631(a), (f).

[^3]: *See* Garmin International, Inc., *Order*, 21 FCC Rcd 15072 (WTB
    MD 2006) (*2006 Order*).

[^4]: Petition for Extension of Waiver filed by Garmin International,
    Inc. on Aug. 6, 2008 (2008 Extension Petition).

[^5]: GMRS began as the Class A Service in the Citizens Radio Service in
    1949. Creation of an Additional Personal Radio Service, *Notice of
    Inquiry*, PR Docket 79-140, 72 F.C.C.2d 453, 454 ¶ 3 (1979);
    Creation of a New Class of Citizens Radio Service and the
    Reallocation of Frequencies between 224 MHz and 225 MHz in the Band
    220-225 MHz now Allocated for Shared Use by Stations in the Amateur
    Radio Service and Government Radiolocation Stations for that
    Purpose, *Notice of Inquiry and Notice of Proposed Rulemaking*,
    Docket No. 19759, 41 F.C.C.2d 147, 149 ¶ 6 (1973). In 1976, the
    Commission redesignated the Citizens Radio Service as the Personal
    Radio Services and redesignated the Class A Service as the GMRS.
    Revision of Operating Rules for Class D Stations in the Citizens
    Radio Service, Docket 20120, *Third Report and Order*, 63 F.C.C.2d
    32, 32-33 ¶ 4 (1976); *see also* Amendment of Subparts A and E of
    Part 95 to Improve the General Mobile Radio Service (GMRS), *Report
    and Order*, PR Docket No. 87-265, 3 FCC Rcd 6554, 6554 ¶ 3 (1988)
    (*GMRS R&O*); 47 C.F.R. §§ 95.1(a), 95.181.

[^6]: *GMRS R&O*, 3 FCC Rcd at 6554 ¶ 1.

[^7]: *See* Amendment of Part 95 of the Commission's Rules to Establish
    a Very Short Distance Two-way Voice Radio Service, *Report and
    Order*, WT Docket No. 95-102, 11 FCC Rcd 12977, 12977 ¶ 2, 12983 ¶
    17, 12984 ¶ 19 (1996).

[^8]: Specifically, FRS channels 1-7 are also GMRS frequencies and FRS
    channels 8-14 are offset from GMRS frequencies. *Compare* 47 C.F.R.
    § 95.621 (GMRS frequencies) *with* 47 C.F.R. § 95.627 (FRS
    frequencies).

[^9]: Garmin International, Inc., *Order*, 15 FCC Rcd 19143, 19145 ¶ 5
    (WTB PSPWD 2000) (*2000 Order*) (citing Letter from Garmin
    International, Inc. to D\'wana Terry, Chief, Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau,
    Federal Communications Commission (dated Aug. 28, 2000)).

[^10]: The Commission reorganized the Wireless Telecommunications Bureau
    effective November 13, 2003, and the relevant duties of the Public
    Safety and Private Wireless Division were assumed by the Public
    Safety and Critical Infrastructure Division. *See* Reorganization of
    the Wireless Telecommunications Bureau, *Order*, 18 FCC Rcd 25414,
    25414 ¶ 2 (2003).

[^11]: *See 2000 Order*, 15 FCC Rcd at 19147 ¶¶ 10-11.

[^12]: *Id.* at 19147-48 ¶ 10. 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. *See* 47 C.F.R. §
    2.201(b). F2D is a type of frequency modulated telemetry emission.
    *See* 47 C.F.R. § 2.201(e).

[^13]: *See* Garmin International, Inc., Petition for Rulemaking, RM
    10070 (filed Dec. 26, 2000). The Commission sought comment on
    Garmin's Petition for Rulemaking in 2001. *See* Garmin
    International, Inc., Amendment of Sections 95.193(a) and 95.631(d)
    to Authorize Manufacture, Sale and Use of GPS Transmission Enhanced
    Family Radio Service Units, and Amendment of Sections 95.193(a),
    95.193(b), and 95.631(d) of the Commission's Rules in the Family
    Radio Service, *Notice of Proposed Rulemaking*, WT Docket No.
    01-339, 16 FCC Rcd 22876 (2001).

[^14]: *See* Garmin International, Inc., Amendment of Sections 95.193(a)
    and 95.631(d) to Authorize Manufacture, Sale and Use of GPS
    Transmission Enhanced Family Radio Service Units, and Amendment of
    Sections 95.193(a), 95.193(b), and 95.631(d) of the Commission's
    Rules in the Family Radio Service, *Report and Order*, WT Docket No.
    01-339, 18 FCC Rcd 2349 (2003).

[^15]: *See* Letter from Garmin International, Inc. to D'wana Terry,
    Chief, Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, Federal Communications Commission (dated
    May 15, 2003).

[^16]: *Id*.

[^17]: *2004 Order*, 20 FCC Rcd at 984 ¶ 6.

[^18]: *Id*.

[^19]: *See* Garmin International, Inc., Petition for Rulemaking,
    RM-10762, at 4 (filed July 22, 2003) (2003 Petition for Rulemaking).
    The Commission placed the Garmin 2003 Petition for Rulemaking on
    public notice on August 6, 2003. *See* Consumer and Governmental
    Affairs Bureau Reference Information Center Petition for Rulemaking,
    *Public Notice*, Report No. 2619 (Aug. 6, 2003). The Commission
    received seven comments and one reply comment during the pleading
    cycle and one *ex parte* after the pleading cycle. This petition
    will be addressed in a separate proceeding.

[^20]: *2004 Orde*r, 20 FCC Rcd at 986 ¶ 13. The Division also
    conditioned the waiver upon the resolution of the 2003 Petition for
    Rulemaking. *Id.*

[^21]: *Id*. at 982 ¶ 9.

[^22]: *See* Petition for Extension of Waiver filed by Garmin
    International, Inc. on Apr. 6, 2006.

[^23]: *Id*. at 2 and Exhibit One.

[^24]: *Id*. at 2.

[^25]: *See 2006 Order*, 21 FCC Rcd at 15075 ¶ 6 (extending Garmin's
    initial waiver until December 29, 2008).

[^26]: *Id.*

[^27]: *See* 2008 Extension Petition at 2-3, 5-12.

[^28]: *Id*. at 3-4.

[^29]: *2004 Orde*r, 20 FCC Rcd at 984 ¶ 8.

[^30]: *GMRS R&O*, 3 FCC Rcd at 6554 ¶ 1.

[^31]: *Id*. at 6555 ¶ 7.

[^32]: *Id*. at 6554 ¶ 2.

[^33]: *See supra* note 19.

[^34]: *See* 47 C.F.R. § 95.193(b)(2).

[^35]: *See* *2004 Order*, 20 FCC Rcd at 986 ¶ 13; *see also 2006
    Order*, 21 FCC Rcd at 15075-76 ¶ 7.

[^36]: 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*.