**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | ET Docket No. 05-183         |
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| Remington Arms Company, Inc.     | ** |                              |
| Request for a Waiver of the Part |    |                              |
| 15 Regulations                   | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: November 16, 2005 Released: November 18, 2005**

By the Commission:

# Introduction

1.  By this action, we are granting the Request for Waiver filed on
    April 27, 2005, by the Remington Arms Company, Inc., Law Enforcement
    Technologies Division ("Remington") to permit the certification and
    subsequent marketing and operation of its Remington Eyeball R1
    transmitter. Specifically, Remington requests that we waive Section
    15.247 of our regulations which requires the use of digital
    modulation techniques and limits the power spectral density for
    digital modulated systems operating in the 2400-2483.5 MHz band.[^1]
    We find that a grant of this waiver would allow the operation of
    devices that would provide law enforcement agencies with new
    technology for investigating hostile situations without endangering
    police personnel. We are limiting the marketing of these devices to
    law enforcement agencies to reduce the potential for interference
    from Eyeball R1 transmitters to other unlicensed devices operating
    in the 2400-2483.5 MHz band.

# BACKGROUND

2.  The Remington Eyeball R1 ("Eyeball R1") imaging sensor operates in
    the 2400‑2483.5 MHz band (the "2450 MHz band") using analog
    modulation. It provides live audio and color or black and white
    video of a 55 degree conical field of view, the direction of which
    is remotely controlled using a transmitter operating in the 902-928
    MHz band (the "915 MHz band").[^2] The Eyeball R1 imaging sensor is
    designed to be thrown like a baseball to a remote or confined and
    potentially hazardous location to obtain real time images of, and
    sound from, the surrounding area. It is intended for
    counter-terrorism and law enforcement operations in urban terrain
    applications as well as in police activities requiring observation
    and surveillance.

3.  The unlicensed operation of a transmitter employing analog
    modulation in the 2450 MHz band normally is subject to the
    requirements of Section 15.249 of the Commission's regulations.[^3]
    Operation under Section 15.249 is limited to a maximum average
    fundamental emission level of 50 mV/m and a peak level of 500 mV/m,
    both as measured at 3 meters. These emission levels are equivalent
    to equivalent isotropically radiated powers ("EIRP") of
    approximately 750 uW, average, and 75 mW, peak. Section 15.247
    permits the operation of wideband systems employing digital
    modulation within the 2450 MHz band at a peak transmitter output
    power of 1 W and an EIRP of 4 W.[^4] Remington requests a waiver of
    the digital modulation requirement of Section 15.247 to permit its
    wideband analog video and audio transmission to operate at the
    higher power level allowed for digitally modulated devices in the
    2450 MHz band. Remington also requests a waiver of the power
    spectral density ("PSD") limit in Section 15.247 that is applicable
    to a digital modulated transmitter.[^5]

4.  In support of its petition, Remington notes that its Eyeball R1
    transmitter will serve the public interest in saving lives and
    combating terrorism. Remington states that any possible interference
    would be limited to other unlicensed devices in the immediate area
    surrounding the Eyeball R1 and that this area, in many situations,
    would be evacuated or under police control. Remington adds that the
    potential for disruption will be of limited duration, is unlikely to
    recur in the same area or location, will rarely exceed the area of
    immediate concern to the law enforcement operation, and will be
    roughly the same as that of a device already permitted to operate
    under Section 15.247.

5.  A Public Notice soliciting comments on Remington's petition was
    issued on May 5, 2005.[^6] A list of parties that filed comments,
    reply comments and *ex parte* presentations is attached as an
    appendix to this Order. Cisco's motion to accept its late filed
    comments is granted.[^7] Remington also submitted an analysis of the
    interference potential of its Eyeball R1. All of these comments and
    filings were considered by the Commission in reaching its decision.

# discussion

6.  It is a well established principle that the Commission will waive
    its rules if it determines, after careful consideration, that such a
    grant would serve the public interest without undermining the policy
    which the rule in question is intended to serve.[^8] We find that a
    waiver of the requested provisions of 47 C.F.R. § 15.247 is
    consistent with that principle. The Eyeball R1 will serve the public
    interest because law enforcement will be able to use it to help save
    lives. The question is whether or not the waiver undermines the
    policy which the rule in question is intended to serve. In this
    regard, three issues were raised: potential interference to other
    radio operations; restrictions on the marketing and use of the
    equipment; and the necessity to design the equipment using analog
    modulation techniques instead of digital modulation. These issues
    are discussed in the following paragraphs. Based on this discussion,
    we conclude that Remington's request for waiver does not undermine
    the policy of Section 15.247 and that a waiver of the regulations is
    in the public interest. Accordingly, we are granting Remington a
    waiver of the requirements in Section 15.247 to employ digital
    modulation, including a waiver of the requirement in Section
    15.247(e) to comply with the power spectral density limit applicable
    to digitally modulated systems.

    [Interference to Other Radio Operations]{.underline}

7.  *Comments*. Cellnet, a manufacturer of automated meter reading
    equipment in the 902‑928 MHz band, states that any waiver granted by
    the Commission must be conditioned on assurance from Remington that
    no interference will occur to unlicensed devices operating in the
    915 MHz or the 2450 MHz bands, adding that the users of the Eyeball
    R1 must be required to resolve any interference that occurs,
    including interference to other Part 15 unlicensed devices, and must
    suspend or terminate operation if interference cannot be avoided or
    resolved to the satisfaction of the other Part 15 device operators.
    Cisco and SBC express concern about interference from Eyeball R1
    units to unlicensed WiFi, wireless local area networks (WLANs), and
    other Part 15 devices operating in the 2450 MHz band. Cisco notes
    that public safety officials also would use this band for WLAN
    operations in areas near where the Eyeball R1 is operated.[^9] It
    states that the Eyeball R1 transmitter will result in widespread
    interference to existing unlicensed devices, degrading the utility
    of the 2450 MHz band. Cisco also claims that Remington's analog
    modulated device would cause substantially different interference
    than that produced by digitally modulated devices. Nextel, noting
    that public safety entities rely on services provided in unlicensed
    bands and in adjacent licensed spectrum, cites its concern for
    potential interference to the Specialized Mobile Radio (SMR)[^10]
    service operations and, in particular, to the 896-901 MHz and
    935‑940 MHz SMR bands and portions of the 2496-2690 MHz band
    licensed to the Broadband Radio Service (BRS) and Educational
    Broadband Service (EBS).[^11]

8.  In response to Cellnet and to Nextel, Remington notes that its
    control transmitter, operating in the 915 MHz band, will comply with
    the applicable standards and is not the subject of the waiver
    request. Remington also responds that the area of potential
    interference to other unlicensed 2450 MHz band users is quite
    limited and supplies test data confirming this claim. Remington adds
    that in most situations people would not be using their LANs in the
    vicinity of the Eyeball R1 because these areas often will be
    cordoned off from the public; that the area of deployment of LANs
    even by the police would be far removed from the Eyeball R1 tactical
    environment; that officers in the vicinity of the deployed Eyeball
    R1 would be too busy and preoccupied with the immediate emergency
    situation to file reports and send e-mails over their LANs; and that
    people that are a few meters from the Eyeball R1 area have more
    important concerns than possible interference to their LANs.
    Remington expresses its belief that saving lives seems important
    enough to justify a delay in completing LAN activities.

9.  Remington reiterates that the essence of its request is for a waiver
    of the emission type, not for the power limit on the fundamental
    emission or for the minimum bandwidth requirement already specified
    in the rules, in order to permit the use of a wideband analog signal
    rather than a wideband digital signal. Remington states that its
    product would comply with the rules if it used a digital signal.
    Thus, Remington argues that its product will not increase the risk
    of interference over that of currently permissible systems.
    Remington adds that the specialized nature of the Eyeball R1
    application and its price will result in relatively small total
    sales as compared to consumer electronics products and that this
    equipment will sit on the shelf or in SWAT team vans most of the
    time.

10. *Decision*. Operation of these devices under the Section 15.247
    limits generally would pose no greater interference potential than
    other unlicensed digital devices operating under these limits.
    Further, unlike many existing Part 15 devices, such as wireless high
    speed modem connections, that operate 24 hours a day, 7 days a week,
    the Remington Eyeball R1 has a battery life of about 2 hours and
    would be used by law enforcement personnel only for emergency
    situations and for training purposes. In addition, the Eyeball would
    be used in areas that generally are cordoned off from the public.
    Thus, the Remington Eyeball R1 should have less interference
    potential than many other products already operating under our
    rules. Accordingly, we do not find it necessary or appropriate, as
    suggested by Cellnet, to require as a condition of this waiver that
    the Remington Eyeball R1 must protect other Part 15 devices against
    harmful interference. Moreover, we note that all Part 15 devices,
    including WiFi systems, LANs, and meter reading systems, operate on
    a sufferance basis where the operator is required to accept any
    interference that is received, regardless of the source of that
    interference, and must resolve any harmful interference caused to an
    authorized radio service.[^12] It does not matter who operates the
    unlicensed equipment or the purpose for which the equipment is used
    -- no protection against received interference is provided or
    available. With regard to Cellnet's specific concerns about
    interference to unlicensed devices operating in the 915 MHz band, we
    note that Remington has not requested nor is the Commission granting
    a waiver for the 915 MHz transmitter operating under Part 15 for
    purposes of controlling the Eyeball. As for Nextel's concerns about
    interference to radio services operating outside the 915 MHz and
    2450 MHz bands used by the Remington device, here too Remington has
    not requested nor is the Commission granting a waiver of the
    standards applicable to unwanted, *i.e.*, spurious, emissions that
    may be produced by its transmitter. Any emissions appearing outside
    of the 2450 MHz band must be attenuated in accordance with the
    standards already in place in the regulations. Nextel has provided
    no information to demonstrate that the existing standards are not
    sufficient to prevent harmful interference to its cited radio
    operations.

    [Operational Limits]{.underline}

11. *Comments*. Alcatel, with agreement from FWCC, states that it does
    not oppose Remington's Request for Waiver if the marketing of the
    Eyeball R1 product is limited to entities eligible for licensing
    under Section 90.20,[^13] to the U.S. Government and its agencies,
    and to state-licensed security and investigative services. SBC
    similarly states that the Commission should limit equipment sales to
    Federal, state and local police and public safety organizations for
    use only in life threatening situations. Cisco argues that Remington
    offers no evidence supporting its claims that its device will be
    restricted or limited to public safety uses in times of extreme
    emergency or that its marketing will be limited to public safety.
    Remington replies that the Eyeball R1 is too expensive,
    approximately \$4800, for ordinary consumer applications and that
    far less expensive devices are available for consumers that could be
    used to transmit video and sound. Remington adds that its
    discussions with FWCC have convinced it to accept the requested
    restrictions as these are already reflected in Remington's marketing
    plans. Thus, Remington proposes that its waiver grant restrict
    operation to eligible users in the Public Safety Pool under Section
    90.20, to Federal Government agencies that would be eligible if they
    were state government agencies, and to state-licensed security and
    investigative service providers.

12. *Decision*. We concur with the comments that any waiver of the
    regulations to permit the operation of the Remington Eyeball R1
    should ensure that operation of the equipment is restricted to
    appropriate public safety agencies, permitting operation for
    training and for emergency situations. Accordingly, as discussed
    below we are requiring as a condition of the waiver that the
    Remington Eyeball R1 transmitter be sold only to law enforcement
    organizations that are eligible for licensing under the provisions
    of Section 90.20 of our regulations. Further, to ensure compliance
    we are requiring that Remington market the Eyeball R1 directly to
    these parties.

13. While the potential for harmful interference to the authorized radio
    services from Eyeball R1 units should be less than that caused by
    conventional LANs, WiFi systems, and other Part 15 devices,
    primarily due to the shorter, infrequent operating periods, and
    while other Part 15 devices have no protection from received
    interference, we believe that any potential impact from this waiver
    of our regulations should be minimized. However, Remington also
    requests a waiver of the PSD that applies to wideband digital
    transmission systems. We do not consider the potential for
    interference from the potentially higher PSD associated with analog
    modulation systems to be significant provided the operation of the
    Eyeball R1 is of short duration and for limited applications.
    Accordingly, we believe that the sale of the Eyeball R1 under the
    provisions of this waiver should be restricted to law enforcement
    agencies. We are not permitting sales of the Eyeball R1 to public
    safety officials, in general, or to state-licensed security and
    investigative service providers. Public safety agencies also include
    ambulance, fire departments, and organizations other than those
    responsible for law enforcement. We also believe that the category
    for state-licensed security and investigative service providers
    could include a wide range of eligible parties, including department
    store security guards and residential neighborhood patrols. No need
    has been shown for any party other than law enforcement agencies to
    use to Eyeball R1 for counter-terrorism and hostile situations
    involving life-safety.

14. The potential for interference from the Eyeball R1 also is reduced
    by its short duration and intermittent operation due to its designed
    application and its normal reliance on battery power. Thus, we do
    not believe that a waiver should permit the Eyeball R1 imaging
    system to be used in fixed or otherwise permanent locations.
    Operation in such locations could lead to operation with an external
    power supply, permitting the Eyeball R1 to be operated for extended
    periods. This would increase the potential for interference and
    could encourage its application in areas that may not be under
    immediate police activity.[^14]

15. We are not including Federal Government agencies under our list of
    permissible users of the Eyeball R1. Federal agencies are regulated
    by the National Telecommunications and Information Administration
    ("NTIA") under the U.S. Department of Commerce. NTIA's regulations
    permit Federal Government agencies to purchase and operate
    off-the-shelf Part 15 transmitters without further authorization as
    long as the transmitters are certified by this Commission. However,
    the Eyeball R1 transmitter is being certified and operated under the
    provisions of a Commission-issued waiver. While it is possible that
    NTIA will extend similar operating privileges of the Eyeball R1 to
    Federal agencies, this matter should be directed to NTIA and not to
    the Commission.

    [Analog vs. Digital]{.underline}

16. *Comments*. Cisco further argues that Remington has not explained
    why it created an analog device and why it operates in the 2450 MHz
    band instead of the public safety bands. Similarly, Nextel also
    argues that Remington does not explain why it cannot comply with the
    existing rules. Remington states that the Eyeball R1 was developed
    by an Israeli technical team for the Israeli Ministry of Defense and
    was adapted for U.S. deployment with a minimum of re-engineering and
    cost. Remington further explains that the component technology for
    the 2450 MHz band is immediately available whereas other bands, such
    as the 4.9 GHz public safety band, provides less effective
    propagation, even if technology for that band were immediately
    available. Remington also filed an *ex parte* submission explaining
    that the implementation of digital modulation in the Eyeball R1
    would increase power consumption resulting in the need to increase
    battery size along with a significant enlargement to the size and
    weight of the device. Remington also claims that the use of digital
    modulation under weak signal conditions could result in sudden
    picture failure or staccato-like delayed images that could mislead
    the user into believing that a picture several seconds old
    represents the current situation. Remington adds that analog signals
    fail gracefully, providing visual indication that the signal
    strength is declining below usable levels. Finally, Remington
    estimates that the incorporation of a digital design would increase
    the cost of the Eyeball R1 by as much as 50 percent which could deny
    availability to as many as 40 percent of the law enforcement
    organizations, particularly those in more rural areas with tighter
    budgets.

17. *Decision*. Remington provides convincing arguments as to its
    reasons for employing analog modulation instead of digital. We
    conclude that requiring Remington to redesign its Eyeball R1
    transmitter to use digital modulation would increase the cost of the
    devices to police departments, preventing some departments from
    being able to obtain this equipment, and would restrict or further
    delay the introduction of the Eyeball R1 to the law enforcement
    community. We concur with Remington that its Eyeball R1 has the
    potential for saving the lives not only of public safety officials
    but also members of the public in hostage and similar situations.

    [Summary of Waiver Conditions]{.underline}

18. Based on the above, we are granting the waiver requested by
    Remington to allow operation of the Eyeball R1 units under the
    Section 15.247 emission limits subject to the following conditions.

-   The Eyeball transmitters shall be certified by the Commission,
    demonstrating compliance with the technical standards applicable to
    operation under 47 C.F.R. § 15.247. However, compliance need not be
    demonstrated with the requirement in 47 C.F.R. § 15.247 to employ
    digital modulation or with the power spectral density limit in 47
    C.F.R. § 15.247(e).

-   The Eyeball transmitters shall be marketed by Remington only
    directly to law enforcement organizations that are eligible for
    licensing under the provisions of Section 90.20 of our
    regulations.[^15] Any offer for sale or lease of the device must
    include the following statement: "This device has been authorized by
    the Federal Communications Commission for sale only directly to law
    enforcement organizations that are eligible for licensing under the
    provisions of Section 90.20 of the Commission's rules. This device
    has not been authorized and may not be offered for sale or lease, or
    sold or leased, to any other entities."

-   The Eyeball transmitters shall be used only by law enforcement
    agencies for emergencies involving safety-of-life and for training
    purposes. The transmitters shall not be used for permanent or fixed
    operations. These operating restrictions shall be clearly and
    conspicuously noted by Remington in all instructions and training
    materials included or otherwise made available with its Eyeball
    transmitters. Such instructions and training materials shall also
    contain a clear and conspicuous warning that failure to comply with
    these operating restrictions could result in harmful interference to
    other spectrum users.

-   This waiver shall apply only to the Remington Eyeball R1; however,
    the waiver shall also apply to any subsequent models that have the
    same emission characteristics, *i.e.*, analog modulation,
    transmitter power, bandwidth, etc.

# ORDERING CLAUSES

19. Based on the above, we conclude that granting Remington's Request
    for Waiver would serve the public interest, convenience and
    necessity. Accordingly, IT IS ORDERED that the Request for Waiver
    filed by Remington Arms Company IS GRANTED, as described above. This
    action is taken pursuant to Sections 4(i), 302, 303(e), and 303(r)
    of the Communications Act of 1934, as amended, 47 U.S.C. Sections
    154(i), 302, 303(e), and 303(r).

20. For further information regarding this Order, contact John A. Reed,
    Office of Engineering and Technology, (202) 418-2455,
    [john.reed@fcc.gov](mailto:jreed@fcc.gov).

    FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

APPENDIX

Comments, reply comments and *ex parte* comments were filed by:

1\. Alcatel

2\. Cellnet Technology, Inc.

3\. Cisco Systems, Inc.

4\. Deputy Sheriff Mike Thieman

5\. Fixed Wireless Communications Coalition (FWCC)

6\. Nextel Communications, Inc.

7\. Remington Arms Company

8\. SBC Communications Inc.

9\. Sheriff Sam Page

[^1]: *See* 47 C.F.R. § 15.247.

[^2]: The control transmitter operates under the existing rule
    provisions, and no waiver is requested for this portion of the
    system.

[^3]: *See* 47 C.F.R. § 15.249. Operation on a licensed basis is
    permitted in the 2450-2483.5 MHz band. *See* 47 C.F.R. §§ 90.20,
    90.35 and 90.103.

[^4]: The minimum -6 dB bandwidth for a digital modulation system is 500
    kHz. *See* 47 C.F.R. § 15.247(a)(2). Remington states that the
    emission bandwidth from its Eyeball R1 transmitter is 2 MHz.

[^5]: *See* 47 C.F.R. § 15.247(e). The spectral power density limit is 8
    dBm per 3 kHz of bandwidth.

[^6]: *See* Public Notice, DA 05-1289. *See*, also, the Erratum to this
    Public Notice that was released on May 9, 2005.

[^7]: The Public Notice originally listed the docket number incorrectly
    as ET Docket No. 05-182. Cisco and SBC originally filed their
    comments in ET Docket No. 05-182 and refilled their comments in this
    proceeding.

[^8]: *See* *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).

[^9]: The 2450 MHz band is used by many different parties, including
    public safety officials, on an unlicensed basis under our Part 15
    regulations to transmit data and other information.

[^10]: *See* 47 C.F.R. Part 90.

[^11]: *See* 47 C.F.R. Part 27.

[^12]: *See* 47 C.F.R. § 15.5. Part 15 is not a radio service.
    Consequently, the requirement to resolve harmful interference caused
    to other users does not apply to harmful interference caused to
    other users of Part 15 transmission systems.

[^13]: *See* 47 C.F.R. § 90.20.

[^14]: We recognize that the Eyeball R1 transmitter occasionally may be
    operated while mounted on a pole, tripod, cable or other means of
    support. We also recognize that there may be occasions where the use
    with these methods of support could include the connection of the
    Eyeball R1 to an external power source to permit operation beyond
    the time frame that would be available from reliance on the battery
    supply alone. As long as the Eyeball R1 is used only by the
    appropriate law enforcement agencies for emergencies involving
    safety of life and for training purposes, such applications would be
    temporary and would not be classified as fixed operations.

[^15]: The equipment may, however, be marketed under the statutory
    exceptions listed in 47 C.F.R. § 2.807, *e.g.*, radio frequency
    devices for use by the Government of the United States or any agency
    thereof.