Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| MCMURDO LIMITED                  | ** |                              |
|                                  |    |                              |
| Request for Waiver to Permit     | *  |                              |
| Type Certification of an         | *) |                              |
| Guardian Manoverboard (MOB)      | ** |                              |
| Personal Emergency Position      |    |                              |
| Indicating Radio Beacon at 121.5 | *  |                              |
| MHz                              | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: April 29, 2002 Released: April 30, 2002**

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

1.  *Introduction.* On November 2, 2001, McMurdo Limited (McMurdo) filed
    a request for waiver of Sections 80.1055 of the Commission\'s
    Rules[^1] to permit type certification for a Personal Emergency
    Position Indicating Radio Beacon (EPIRB) operating at 121.5 MHz.[^2]
    McMurdo describes its new equipment as the Guardian MOB
    (Manoverboard) Beacon (Guardian).[^3] For the reasons set forth
    below, we grant McMurdo's request for waiver to the extent described
    herein.

2.  *Background*. The Guardian generally meets the description of a
    Class B EPIRB station.[^4] It is contained in a wristwatch and is
    intended to be used to alert a man overboard (MOB) occurrence and to
    locate personnel swept overboard in the event that he/she can no
    longer be tracked visually.[^5] In this connection, McMurdo states
    that the Guardian is intended to be used to quickly rescue personnel
    in close proximity of a vessel and can either be manually activated
    or automatically activated upon immersion in water. Specifically,
    the Guardian device signals a receiver installed on the vessel's
    bridge to allow local search and rescue to be initiated.[^6]

3.  Under Section 80.1055 of the Commission Rules, EPIRB stations must
    meet certain technical requirements.[^7] Absent a waiver of these
    standards, McMurdo's Guardian could not be type certified for
    operation under Part 80 of the Commission's Rules. Specifically,
    McMurdo seeks waiver of the applicable Part 80 provisions governing
    the frequency, power standards, and battery requirements[^8] of
    personal EPIRBs for personnel that have fallen overboard from a
    vessel. On December 28, 2001, we sought comment on McMurdo's waiver
    request. [^9] One party filed comments; it supported McMurdo's
    request for waiver.[^10]

4.  *Discussion.* Section 1.925(b)(3) of the Commission\'s Rules
    provides that we may grant a waiver if it is shown that (a) the
    underlying purpose of the rule(s) would not be served or would be
    frustrated by application to the instant case, and grant of the
    requested waiver would be in the public interest; or (b) in light of
    unique or unusual circumstances, application of the rule(s) would be
    inequitable, unduly burdensome, or contrary to the public interest,
    or the applicant has no reasonable alternative.[^11] Based on our
    review and analysis of the record in this proceeding, we find that
    grant of the waiver requested by McMurdo is warranted under the
    circumstances presented. Specifically, we conclude that the
    underlying purpose of the subject rules would not be served by
    application to the instant case and grant of the requested waiver
    would be in the public interest.

5.  In light of the record in this proceeding and our analysis thereof,
    we believe that a waiver of Sections 80.1055(a)(3) - (4) of the
    Commission's Rules would further the underlying purpose of the
    Commission's EPIRB rules. EPIRBs are stations in the maritime mobile
    service, the emissions of which are intended to facilitate search
    and rescue (SAR) operations.[^12] The Commission's Rules for Class B
    EPIRBs envision distress signals----used to alert others of a
    distress situation and to assist search and rescue personnel in
    locating those in distress----that are intended to be received by
    overflying aircraft, nearby ships, and satellites. Thus, to ensure
    that such signals are received, the Commission\'s Rules require that
    EPIRBs have a certain transmitter output power and energy radiation
    characteristics. Further, in light of the fact that a long period of
    time may elapse before those in distress receive assistance, the
    Commission\'s Rules also require that EPIRBs have a long-lasting
    power supply.[^13] Moreover, because safety of life is involved and
    ships travel worldwide, the Commission\'s Rules specify minimum
    operational performance standards.[^14]

6.  We note, as an initial matter, that the Guardian is not intended
    primarily to activate rescue operations from aircraft or other
    ships. Rather, the Guardian is intended to alert the home ship of a
    MOB occurrence and then provide an accurate and rapid means to
    locate personnel once an SAR operation is underway. Thus, we
    conclude that is not necessary to require the device to have
    sufficient transmitter power to alert satellites, aircraft, and
    other ships. Also, because assistance and/or rescue is intended to
    be provided within minutes rather than hours, we find it appropriate
    under such circumstances to permit a shorter battery life.
    Specifically, we note that the Guardian will use a commercial
    3.2-volt battery in a waterproof wristwatch that has a useful
    battery life guaranteed for up to eight hours of transmission
    time.[^15] In this connection, we find requiring a larger, heavier
    battery in this instance to be unnecessary given the intended
    purpose of the device. We also waive the battery labeling
    requirements, which are intended to provide information regarding
    useful life of the battery stored in marine environment conditions
    based on the power and duration requirements.[^16] In this regard,
    we conclude that such labeling is not necessary because the Guardian
    has limited room on the device for labeling and it will be using
    commercially available batteries.

7.  Also, because the device is to be used for homing on persons lost
    overboard, we conclude that the requirement to operate on both 121.5
    MHz and 243 MHz is not necessary. The 121.5 MHz frequency, in
    addition to being used to alert rescue forces by communicating with
    the satellites, aircraft and other ships, is also used in search and
    rescue operations as a homing frequency to find a ship in distress.
    The 243 MHz frequency is generally used by military organizations
    for distress alerting purposes; thus, we are concerned that
    requiring the use of 243 MHz in this specific context could cause
    unnecessary harmful interference to other operations on this
    frequency.

8.  We have coordinated McMurdo's request with the U.S. Coast Guard. The
    Coast Guard has indicated that it does not object to our granting
    McMurdo\'s request for waiver, provided the equipment is installed
    in a Personal Flotation Device (PFD)[^17] or otherwise kept with a
    person, and is not sold as a shipboard EPIRB or used as a personal
    locating beacon on land. We note that McMurdo's description of the
    Guardian appears to satisfy these conditions. In an effort to ensure
    that the Coast Guard's concerns are addressed, we believe that they
    should be ongoing conditions of any grant of the instant waiver. We
    further note, however, that the Coast Guard raises concerns that the
    device may cause interference to the COSPAS/SARSAT satellite system
    used for search and rescue. In view of these concerns, we believe
    that the requested use of the Guardian must be on a noninterference
    basis to the COSPAS/SARSAT satellite system.

9.  Finally, we note that the Commission recently adopted rule revisions
    to phase out Class A, B and S EPIRBs.[^18] In doing so, however, the
    Commission recognized that waivers have been granted to permit
    devices to be certified as Class B EPIRBs although they do not meet
    all of the technical requirements for Class B EPIRBs.[^19] In this
    connection, the Commission clarified that its decision to phase out
    the use of Class B EPIRBs did not preclude the continued manufacture
    and use beyond the specified phase-out dates of equipment that is
    certified in accordance with such waivers. The Commission further
    noted, however, that the Radio Technical Commission for the Maritime
    Services (RTCM) is working on EPIRB standards that may eventually be
    incorporated into the Rules. In this connection, the Commission
    further clarified that "nothing herein is intended either to enlarge
    the relief granted in those earlier waiver decisions or to preclude
    modification or termination of the waivers at some later time if
    such action is justified by changed circumstances, such as the
    RTCM's adoption of standards for 121.5 MHz EPIRBs."[^20] Against
    this backdrop, we conclude that our grant of the instant waiver
    request should be subject to the same condition.

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,
    McMurdo's request for waiver of Sections 80.1055(a)(3)[^21] and
    80.1055(a)(4) of the Commission\'s Rules, 47 C.F.R. §§
    80.1055(a)(3)(4), filed November 2, 2001, to permit type
    certification of it's personal EPIRB, FCC Identification Number
    KLS-88-100 IS GRANTED, as described above, FOR AN INDEFINITE TERM
    and SUBJECT TO MODIFICATION OR TERMINATION as discussed in paragraph
    9 above.

11. IT IS FURTHER ORDERED that the Guardian is installed in a PFD or
    otherwise kept with a person, is not sold as a shipboard EPIRB or
    used as a personal locating beacon on land, and use must be on a
    noninterference basis to the COSPAS/SARSAT satellite system.

12. 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 and
    0.331.

FEDERAL COMMUNICATIONS COMMISSION

D'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: 47 C.F.R. §§ 80.1055.

[^2]: *See* Letter to Public Safety and Private Wireless Division, FCC,
    from C.P Hoffman, Technical Director, McMurdo Limited, dated
    November 2, 2001 (Waiver request).

[^3]: *See*, *e.g.,* Waiver request at 1.

[^4]: EPIRBs are stations in the maritime mobile service intended to
    facilitate search and rescue operations. *See* 47 C.F.R. § 80.5. A
    Class B EPIRB station is battery powered emergency radio
    transmitting device carried on vessels for use in cases of distress
    at sea. It is activated automatically when it floats free of a
    sinking ship and transmits alerting and locating signals which
    assist search and rescue units in responding to and finding persons
    in distress

[^5]: *See* Waiver request at 1.

[^6]: *Id.*

[^7]: *See* 47 C.F.R. § 80.1055.

[^8]: *See* 47 C.F.R. §§ 80.1053(a)(3), (a)(4), (a)(6), (a)(8), (a)(10)
    and (a)(11), 80.1053(c), 80.1053 (e) and 80.1053(g). (These rules
    specify transmit frequencies, output power, battery requirements,
    labeling requirements and a requirement for the device to float in
    calm water, respectively.)

[^9]: Wireless Telecommunications Bureau Seeks Comment on McMurdo
    Limited Waiver Request for Type Certification of 121.5 MHz Guardian
    Manoverboard Personal Emergency Position Indicating Radio Beacon
    (EPIRB), *Public Notice*, 17 FCC Rcd 106 (2002).

[^10]: Comments were filed by Center for Maritime Leadership, Inc. No
    reply comments or *ex parte* submissions were filed in this matter.

[^11]: 47 C.F.R. § 1.925(b)(3). *See also WAIT Radio v FCC*, 418 F. 2d
    1153, 1159 (D.C. Cir. 1969).

[^12]: *See* 47 C.F.R. § 80.5

[^13]: *See* 47 C.F.R. § 80.1053(e).

[^14]: *See* 47 C.F.R. § 80.1053.

[^15]: *See* Waiver request at Guardian MOB Beacon Sales Brochure
    Attachment, 1. The ERP is 25 mW or less. *See* Waiver request at 2.

[^16]: *See* 47 C.F.R. § 80.1053(e).

[^17]: Personal Flotation Device is marine terminology for a lifesaving
    device that is used to provide buoyant support for one person in the
    water. *See* *generally* 33 C.F.R. § 175.13.

[^18]: *See* Amendment of Parts 13 and 80 of the Commission\'s Rules
    concerning Maritime Communications, WT Docket No. 00-48, *Report and
    Order and Further Notice of Proposed Rule Making*, FCC 02-102 (rel
    April 9, 2002) (R&O). These rule revisions will become effective
    sixty days after publication in the Federal Register. *Id.* at ¶
    147.

[^19]: *See R&O* at ¶ 47 n. 124 citing*, e.g.*, Briar Tek Incorporated,
    *Order*, DA 02-287 (WTB PSPWD rel. Feb. 7, 2002); David Marshall,
    *Letter*, 13 FCC Rcd 23688 (WTB 1998); Letter to Cal Havens, ACR
    Electronics, from D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau, dated August
    4, 2000.

[^20]: *R&O* at ¶ 47 n. 124.

[^21]: Section 80.1055(a)(3) provides that Class B EPIRB stations must
    meet the requirements of 47 C.F.R. §§ 80.1053(a) (4) through (8),
    (a)(14), and (c) through (i). In this connection, we are granting
    McMurdo's request for waiver of the requirements of 47 C.F.R. §§
    80.1053(a)(3), (a)(4), (a)(6), (a)(8), (a)(10) and (a)(11),
    80.1053(c), 80.1053 (e) and 80.1053(g).