********************************************************
                         NOTICE
********************************************************
This document was converted from
WordPerfect to ASCII Text format.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.
*****************************************************************
                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554
In the Matter of                     )
                                     )
Kenwood Communications Corporation   )
                                     )
Request for Waiver of Sections 80.215(e)(2))
and (i) of the Commission's Rules Governing)
Type Acceptance of a Part 80 AMTS    )
Transceiver for Use by Ship Stations in)
the 219-220 MHz Band                 )
                                  ORDER
   Adopted:  February 23, 1998                                              Released:  Februrary 23, 1998
By the Acting Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:
I.  INTRODUCTION
      1.  We have before us a Request for Waiver, filed November 6, 1997, by Kenwood
Communications Corporation (Kenwood), seeking waiver of Sections 80.215(e)(2) and (i) of the
Commission's Rules.  Specifically, Kenwood requests the type acceptance of an Automated Maritime
Telecommunications System (AMTS) transceiver for ship station use, which lacks a front-panel power
control for the reduction of power to 2.5 watts.  For the reasons discussed herein, we grant the requested
waiver.
            II.  BACKGROUND
                  2.  AMTS operations are authorized on forty frequency pairs in the 217-220 MHz band which
are divided into two frequency groups, Group A and Group B, each with twenty channel pairs.  Under
the Commission's Rules, AMTS licensees must provide continuity of service to either a substantial
navigational area along the Pacific, Gulf of Mexico, or Atlantic coastline, sixty-percent of one or more
major inland waterways, or an entire inland waterway less than 240 kilometers (150 miles) long.
      3.  On November 6, 1997, Kenwood filed an application, on FCC Form 731, for type acceptance
of an AMTS transceiver, discussed infra, for use on public correspondence channels.  This transceiver
operates in the 219-220 MHz band, and is for AMTS use only.  Because Kenwood's transceiver does
not incorporate a front-panel power reduction control, Kenwood has requested waiver of Sections
80.215(e)(2) and (i) of the Commission's Rules.  Sections 80.215(e)(2) and (i) require VHF transceivers
in the 216-220 MHz band to have a front-panel control capable of reducing carrier power to 2.5 watts.
      4.  Section 80.43 of the Commission's Rules specifies that all transmitters used in the Maritime
Service must be type accepted for a particular use by the Commission based upon technical requirements
contained in Subparts E and F of Part 80 of the Commission's Rules.  Subpart E of the Commission's
Rules, namely, Sections 80.215(e)(2) and (i), requires that transmitters in the 216-220 MHz band --
including the AMTS frequencies -- have "the capability to reduce the carrier power to 2.5 watts with a
front-panel control."  Accordingly, absent a waiver, the Kenwood transceiver at issue here could not
be type accepted under Part 80 and, hence, could not be used for maritime communications.
                          III.  DISCUSSION
                                5.  Section 1.3 of the Commission's Rules permits waiver of any rule provision for good cause
shown.  We find that Kenwood has made the requisite showing.  Kenwood notes that AMTS
transceivers are part of an integrated, automated duplex communication system requiring little or no
manipulation of controls by the shipboard operator.  In that respect, AMTS shipboard units are similar
to conventional marine VHF stations which are limited to public correspondence and used in automated
systems.  We note that the Commission's Rules do not require a front-panel power control for such
automated stations in the 156-162 MHz band.  Moreover, the requirement of a front-panel power control
for marine VHF stations operating in other spectrum bands does not appear necessary for purposes of
avoiding harmful interference in the case of AMTS transceivers.  As Kenwood states, AMTS base stations
are typically located away from harbor areas and are designed for wide area coverage.  This requires
the shipboard station to operate at full power for reliable communication.  Moreover, we observe that
AMTS signals have a very mimimal potential for objectionable interstation interference, even at full
power, because: (a) currently there are only three AMTS licensees; (b) only two stations, at most, are
licensed to operate in a particular AMTS geographic region; and (c) AMTS channels are licensed on an
exclusive rather than a shared basis.
      6.  Accordingly, we agree with Kenwood that requiring a manual power control on the front-
panel of an AMTS transceiver, which operates as part of an otherwise fully automated and integrated
system, will only add complexity and cost without concomitant technical benefit.  In this connection,
we also note that other comparable commericial mobile radio services (CMRS) providers, such as
cellular, Personal Communications Services, and Specialized Mobile Radio, are not required to
incorporate such a control in their transceivers.  Thus, we are concerned that imposing a front-panel
control requirement on AMTS transceivers such as the one proposed by Kenwood's application may
operate to contravene Congress' intent that we maintain regulatory parity among comparable CMRS
providers.  Based on Kenwood's description of the proposed use of the subject AMTS transceiver, we
believe that waiver of Sections 80.215(e)(2) and (i) under these circumstances will serve the public
interest.  Therefore, we find that Kenwood's Waiver Request should be granted.
IV.  CONCLUSION
      7.  We conclude that the public interest will be served by waiving Sections 80.215(e)(2) and (i)
of the Commission's Rules to permit the type acceptance of the specific Part 80 AMTS transceiver model,
listed infra.  We note that our action here does not constitute authorization for type acceptance of any
other transceiver not employing a front-panel power control, whether manufactured by Kenwood or any
other entity.
V.  ORDERING CLAUSES
      8.  IT IS ORDERED, pursuant to the authority of Sections 4(i) and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), and Section 1.3 of the Commission's Rules,
47 C.F.R.  1.3, that the Request for Waiver of Sections 80.215(e)(2) and (i) of the Rules filed by
Kenwood Communications Corporation IS GRANTED.
      9.  IT IS FURTHER ORDERED that Sections 80.215(e)(2) and (i) of the Rules, 47 C.F.R. 
80.215(e)(2) and (i), ARE WAIVED to the extent necessary to permit type acceptance of Kenwood's Part
80 AMTS transceiver with the following model number and FCC identification number:
KENWOOD'S MODEL NUMBER        FCC IDENTIFICATION NUMBER
TK715                         ALH23362130
      10.  IT IS FURTHER ORDERED that the Part 80 AMTS transceiver listed, supra, shall conform
in all other respects to applicable provisions of Subpart J of Part 2 of the Commission's Rules governing
the type acceptance process and to applicable provisions of Part 80 of the Commission's Rules governing
the Maritime Service.
      11.  This action is taken under delegated authority pursuant to Section 0.331 of the Commission's
Rules, 47 C.F.R.  0.331.
      12.  For further information concerning this Order, contact Todd Lantor, Policy and Rules
Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, at (202)  418-
0680, or, by e-mail, tlantor@fcc.gov.
                              FEDERAL COMMUNICATIONS COMMISSION
                              D'wana R. Terry
                              Acting Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau
j:\tlantor\kenwood9.ord - 2/23/98