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 Federal  Communications  Commission  DA  00-  1662 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Kenwood  Communications  Corp. 
 Request  for  Declaratory  Ruling  to 
 Determine  Compliance  With  Applicable 
 Sections  of  Part  97  of  the  Commissions 
 Rules  or  Waiver  of  Applicable  Rule  Sections 


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 ORDER 
 Adopted:  July  18,  2000  Released:  July  28,  2000 
 By  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau: 


 I.  INTRODUCTION 
 1.  Kenwood  Communications  Corp.  (Kenwood),  a  manufacturer  of  commercial  and  amateur 
 radio  equipment,  requests  1  a  declaratory  ruling  confirming  that  a  device  it  manufactures  known  as  the  Sky 
 Command  System  (Sky  Command)  2  complies  with  the  Amateur  Radio  Service  Rules.  3  Alternatively, 
 Kenwood  requests  that  should  we  find  that  Sky  Command  does  not  comply  with  certain  amateur  service 
 rules,  we  grant  blanket  rule  waivers  so  that  amateur  service  licensees  can  utilize  Sky  Command.  4  For  the 
 reasons  set  forth  herein,  we  deny  Kenwoods  requests. 


 II.  BACKGROUND 
 2.  Sky  Command  permits  amateur  service  licensees  who  do  not  have  sufficient  space  for 
 High  Frequency  (HF)  antennas,  or  who  live  in  areas  with  restrictive  covenants,  to  operate  their  HF  equipment 
 at  remote  locations  through  the  use  of  Very  High  Frequency  (VHF)  and  Ultra  High  Frequency  (UHF) 
 channels.  5  The  antennas  for  systems  utilizing  VHF  and  UHF  channels  are  much  smaller  than  those 


 1  Request  for  Declaratory  Ruling  or  Waiver  of  Applicable  Rule  Sections  (filed  November  4,  1999)  (Kenwood 
 Request).  On  April  17,  2000,  Kenwood  submitted  FCC  Form  159  and  paid  fees  for  waivers  of  two  Commission 
 rule  sections. 


 2  Kenwood  Request  at  1-  2. 


 3  47  C.  F.  R.  Part  97. 
 4  Kenwood  Request  at  9. 
 5  Id.  at  2. 
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 associated  with  HF  systems.  6  Sky  Command  also  could  be  useful  in  situations  where  the  amateur  service 
 licensee  wants  to  monitor  HF  bands  while  in  a  room  other  than  the  shack,  7  or  while  away  from  home  at  a 
 local  event.  8  Using  Sky  Command,  the  amateur  service  licensee  uses  a  portable  VHF/  UHF  radio  to  transmit 
 control  signals  and  audio  signals  on  the  440  MHz  (70  cm)  amateur  service  band  to  a  second  VHF/  UHF 
 transceiver  which  is  interconnected  by  an  input/  output  unit  with  the  licensees  HF  transceiver.  9  The  second 
 VHF/  UHF  transceiver  is  used  to  transmit  the  audio  output  from  the  HF  transceiver  on  a  radio  frequency 
 channel  in  the  144  MHz  (2  m)  amateur  service  band  to  the  licensees  portable  VHF/  UHF  radio  (the  control 
 point).  10 


 3.  On  November  4,  1999,  Kenwood  submitted  a  request  for  declaratory  ruling  that  use  of  Sky 
 Command  complies  with  the  Commissions  amateur  service  rules,  or,  in  the  alternative,  a  blanket  waiver  of 
 any  rules  which  would  prohibit  amateur  service  licensees  from  using  its  Sky  Command  system.  11  Kenwood 
 contends  that  Sky  Command  complies  with  the  rules  and  that  use  of  the  device  is  in  the  public  interest.  12  In 
 the  event  that  we  conclude  that  Sky  Command  does  not  comply  with  our  rules,  Kenwood  requests  any 
 needed  rule  waivers.  13  In  this  connection,  Kenwood  argues  that  grant  of  such  waiver  request  is  in  the 
 public  interest  because  it  would  allow  amateur  service  licensees  to  operate  their  HF  equipment  from  areas 
 with  limited  physical  space  or  from  neighborhoods  that  have  restrictive  covenants  that  prohibit  outdoor 
 antennas.  14 


 4.  Kenwoods  request  was  placed  on  Public  Notice  on  December  15,  1999.  15  Comments  or 
 reply  comments  supporting  Kenwoods  request  were  received  from  Gordon  West  Radio  School,  Inc. 
 (West),  Costa  Mesa  Emergency  Service  Amateur  Communications  (Costa  Mesa),  Kenwood,  James  M. 
 Hicks,  and  Robert  A.  Kile.  Comments  or  reply  comments  opposing  Kenwoods  request  were  received  from 
 the  American  Radio  Relay  League,  Inc.  (ARRL),  Robert  G.  Wheaton,  the  Bexar  Emergency  Amateur 
 Repeater  System  (BEARS)  and  Kendall  Amateur  Radio  Society  (KARS).  On  April  17,  2000,  Kenwood 


 6  Id. 
 7  Shack,  as  the  term  is  used  by  Kenwood,  refers  to  the  room  or  area  where  an  amateur  radio  station  is  located. 
 8  Id.  at  Exhibit  1  (Sky  Command  System  Operating  Manual). 


 9  Id.  at  4,  Exhibit  1  at  3. 
 10  Id.  at  4,  Exhibit  1  at  2-  3,  5,  7. 
 11  Id.  at  1. 
 12  Id.  at  2. 
 13  Id.  at  8. 
 14  Id.  at  1-  2. 
 15  Wireless  Telecommunications  Bureau  Seeks  Comment  on  Request  for  Declaratory  Ruling  or  Waiver  by 
 Kenwood  Communications  Corporation  to  Allow  Amateur  Radio  Operators  to  Use  Channels  in  the  Two  Meter 
 Amateur  Service  Band  (144.0-  148.0  MHz)  to  Remotely  Control  an  Amateur  Service  Station  Transmitting  on 
 High  Frequency  Amateur  Service  Bands,  Public  Notice,  14  FCC  Rcd  21360  (WTB  PSPWD  1999). 
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 submitted  a  Request  for  Waiver  and  paid  fees  for  waiver  of  two  rule  sections.  16 
 III.  DISCUSSION 
 5.  Kenwood  requests  a  declaratory  ruling,  or  in  the  alternative,  a  waiver  with  respect  to 
 several  Part  97  rules.  17  As  set  forth  below,  we  conclude  that  Sky  Command  does  not  comply  with  Section 
 97.201(  b),  and  that  a  waiver  of  the  rules  is  not  warranted. 


 6.  The  amateur  service  rules  provide  that  an  amateur  station  on  or  within  50  km  of  the 
 Earth's  surface  may  be  under  telecommand  18  (remote  control)  where  there  is  a  radio  or  wireline  control  link 
 between  the  control  point  and  the  station  sufficient  for  the  control  operator  to  perform  his  or  her  duties.  19  A 
 radio  control  link  requires  the  use  of  an  auxiliary  station.  20  The  Commissions  Part  97  rules  define  an 
 auxiliary  station  as  an  amateur  station,  other  than  in  a  message  forwarding  system,  21  that  is  transmitting 
 communications  point-  to-  point  within  a  system  of  cooperating  amateur  stations.  22  An  amateur  station  that 
 is  an  auxiliary  station  may  transmit  only  on  the  1.  25  m  and  shorter  wavelength  bands,  except  the  219-  220 
 MHz,  222.000-  222.150  MHz,  431-  433  MHz,  and  435-  438  MHz  segments.  23 


 7.  Kenwood  acknowledges  that  in  its  Sky  Command  system  the  portable  VHF/  UHF 
 transceiver  at  the  control  operators  location  (control  point),  which  transmits  control  information  and  audio 
 via  a  channel  in  the  440  MHz  band  to  the  VHF/  UHF  transceiver  interconnected  with  the  HF  transceiver,  is 
 an  auxiliary  station.  24  Kenwood  contends,  however,  that  the  VHF/  UHF  transceiver  interconnected  with  the 
 HF  transceiver,  which  transmits  the  audio  output  from  the  HF  transceiver  to  the  operator  at  the  control 
 point  via  a  channel  in  the  144  MHz  band,  is  not  an  auxiliary  station.  25  Specifically,  it  argues  that  because 


 16  Request  for  Waiver  (filed  April  17,  2000). 
 17  See  Kenwood  Request  at  5-  8. 
 18  Telecommand  is  a  one-  way  transmission  to  initiate,  modify,  or  terminate  functions  of  a  device  at  a  distance.  47 
 C.  F.  R.    97.3(  a)(  41). 


 19  See  47  C.  F.  R.    97.213.  The  duties  of  the  control  operator  are  to  insure  the  immediate  proper  operation  of  the 
 station  and  to  operate  the  station  only  in  the  manner  and  to  the  extent  permitted  by  the  privileges  authorized  for 
 the  class  of  operator  license  held  by  the  control  operator.  See  47  C.  F.  R.    97.105. 


 20  See  47  C.  F.  R.    97.213. 


 21  A  message  forwarding  system  is  a  group  of  amateur  stations  participating  in  a  voluntary,  cooperative,  interactive 
 arrangement  where  communications  are  sent  from  the  control  operator  of  an  originating  station  to  the  control 
 operator  of  one  or  more  destination  stations  by  one  or  more  forwarding  stations.  47  C.  F.  R.    97.3(  a)(  31). 


 22  47  C.  F.  R.    97.3(  a)(  7). 


 23  47  C.  F.  R.    97.201(  b). 
 24  Kenwood  Request  at  7. 
 25  Id.  at  8. 
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 the  2  m  link  is  not  used  for  telecommand,  it  should  not  be  considered  an  auxiliary  station.  26 
 8.  We  disagree.  Section  97.213(  a)  of  the  Commissions  Rules  requires  that  if  radio  is  used 
 for  the  control  link  between  the  control  point  and  the  station,  the  control  link  must  use  an  auxiliary  station,  27  and  Section  97.201(  b)  limits  auxiliary  stations  to  transmitting  only  on  the  1.  25  m  and  shorter 


 wavelength  bands,  with  the  exception  of  certain  frequency  segments.  28  In  this  regard,  we  note  that  Section 
 97.213(  a)  does  not  distinguish  between  radio  control  links  used  by  the  control  operator  for  telecommand 
 and  radio  control  links  used  for  other  purposes,  i.  e.,  the  distinction  Kenwood  draws  between  the  VHF  and 
 UHF  link.  29  Moreover,  it  is  our  view  that  the  return  transmissions  from  the  HF  station  to  the  remote 
 control  point  are  part  of  the  telecommand  function  being  performed  over  the  control  link.  In  this  regard,  we 
 note  that  the  information  transmitted  from  the  HF  station  to  the  control  operator  informs  the  control 
 operator  as  to  whether  the  HF  station  is  functioning  in  the  manner  the  control  operator  desires  and  this 
 information  may  cause  the  control  operator  to  initiate,  modify,  or  terminate  functions,  such  as  changing  the 
 HF  transceiver's  memories,  setting  or  changing  frequencies,  or  turning  off  the  remotely  controlled  HF 
 transceiver.  We  also  note  that  the  VHF  link  is  integral  to  Sky  Command  and  that  without  these  VHF 
 return  transmissions,  Sky  Command  is  not  of  any  use  to  an  operator  because  the  operator  cannot  hear  what 
 the  HF  station  is  receiving.  We  agree  with  BEARS  that  ignoring  the  return  transmissions  in  the  system, 
 which  are  on  the  2  m  amateur  service  band,  is  at  best  a  tortured  interpretation.  30  Moreover,  we  note  that 
 Section  97.  3(  a)(  7)  defines  an  auxiliary  station  as  an  amateur  station  transmitting  communications  point-to- 
 point  within  a  system  of  cooperating  amateur  stations,  31  and  we  note  that  communications  point-  to-point 
 within  a  system  would  include  all  communications  between  the  location  of  the  HF  station  and  the 
 station  at  the  remote  control  point.  Thus,  we  conclude  that  Sky  Command  does  not  comply  with  Section 
 97.201(  b)  of  the  Commissions  Rules  because  Section  97.201(  b)  does  not  authorize  auxiliary  stations  to 
 transmit  on  the  2  m  band. 


 9.  We  now  turn  to  whether  a  blanket  waiver  to  permit  Sky  Command  auxiliary  stations  to 
 transmit  on  the  2  m  amateur  service  band  is  warranted.  To  obtain  a  waiver  of  the  Commissions  Rules,  a 
 petitioner  must  demonstrate  either  (a)  that  the  underlying  purpose  of  the  rule(  s)  would  not  be  served  or 
 would  be  frustrated  by  application  to  the  present  case,  and  grant  of  the  requested  waiver  would  be  in  the 


 26  Id. 
 27  47  C.  F.  R.    97.213(  a). 


 28  47  C.  F.  R.    97.201(  b). 
 29  Kenwood  also  argues  that  the  transmission  of  the  audio  from  the  HF  station  to  the  control  point  should  be 
 considered  third  party  communications,  rather  than  a  function  of  the  auxiliary  station.  See  Kenwood  Request  at 
 8.  We  disagree.  Third  party  communications  is  a  message  from  the  control  operator  (first  party)  of  an  amateur 
 station  to  another  amateur  station  control  operator  (second  party)  on  behalf  of  another  person  (third  party).  See 
 47  C.  F.  R.    97.3(  a)(  46),  97.115(  b).  In  the  configuration  that  Kenwood  outlines,  there  is  no  third  party. 
 Therefore,  we  conclude  that  Kenwoods  proposed  transmissions  on  the  2  m  amateur  band  are  not  within  the 
 definition  of  third  party  communications. 


 30  BEARS  Opposition  at  1. 


 31  47  C.  F.  R.    97.3(  a)(  7)  (emphasis  added).  In  this  case,  the  system  of  cooperating  amateur  stations  is  the 
 handheld  or  portable  VHF/  UHF  station  controlling  the  system,  which  is  at  the  control  operators  location  (remote 
 control  point);  the  second  handheld  or  portable  VHF/  UHF  station,  which  is  interconnected  with  the  HF  station; 
 and  the  remotely  controlled  HF  stations  transceiver. 
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 public  interest;  or  (b)  that,  in  view  of  unique  or  unusual  factual  circumstances,  application  of  the  rule(  s) 
 would  be  inequitable,  unduly  burdensome  or  contrary  to  the  public  interest,  or  the  applicant  has  no 
 reasonable  alternative.  32  We  find  that  Kenwood  has  met  neither  standard. 


 10.  Underlying  Purpose.  The  underlying  purpose  of  limiting  auxiliary  stations  to  transmitting 
 only  on  the  1.  25  m  and  shorter  wavelength  bands  is  to  minimize  the  possibility  of  harmful  interference  to 
 other  amateur  service  stations  and  operations,  particularly  weak  signal  activity  33  in  the  2  m  (144-  148 
 MHz)  band.  34  In  a  subsequent  Order,  the  Commission  reaffirmed  this  approach  by  rejecting  a  proposal  to 
 eliminate  the  frequency  restrictions  applicable  to  auxiliary  stations.  35  The  Commission  agreed  with  those 
 commenters  who  argued  that  opening  lower  frequencies  to  auxiliary  stations  was  unjustified  because  path 
 lengths  for  such  operations  generally  are  too  short  to  require  such  frequencies.  36  Further,  the  Commission 
 believed  that  eliminating  the  restriction  would  result  in  harmful  interference  because  many  bands 
 (particularly  the  2  m  band)  already  were  fully  loaded  in  many  areas.  37  As  a  result,  it  determined  that  these 
 frequency  restrictions  should  be  retained  because  the  rules  reflect  a  good  correlation  between  the 
 frequencies  authorized  for  auxiliary  operation  and  auxiliary  link  functions.  38  Moreover,  it  believed  that  the 
 potentially  disruptive  interference  that  could  occur  to  other  amateur  service  operations  if  auxiliary 
 operations  were  expanded  outweighed  the  additional  flexibility  and  other  benefits  resulting  from  elimination 
 of  these  frequency  restrictions.  39  Kenwood  has  not  shown  that  this  is  no  longer  correct,  and  several 
 commenters  raise  these  same  concerns.  40  Accordingly,  we  conclude  that  application  of  the  frequency 
 limitations  in  Section  97.201of  the  Commissions  Rules  to  Kenwoods  proposal  is  consistent  with  the 
 Commissions  intent  to  minimize  potentially  disruptive  interference. 


 11.  Public  Interest.  Kenwood  argues  that  grant  of  a  waiver  would  be  in  the  public  interest 
 because  it  would  allow  amateur  service  licensees  to  operate  their  HF  equipment  from  areas  with  limited 
 physical  space  or  from  neighborhoods  that  have  restrictive  covenants  prohibiting  outdoor  antennas.  41  As  an 


 32  47  C.  F.  R.    1.925(  b)(  3). 
 33  Weak  signal  communications  are  primarily  Morse  code  telegraphy  and  single  sideband  voice  messages 
 transmitted  over  very  long  distances  in  the  VHF  and  UHF  amateur  service  bands. 
 34  Deregulation  of  Part  97  of  the  Commissions  Rules  to  Simplify  the  Licensing  and  Operation  of  Complex 


 Systems  of  Stations  and  Modify  Repeater  Subbands  in  the  Amateur  Radio  Service,  Report  and  Order,  Docket  No. 
 21033,  66  FCC  2d  207,  215    6  (1977). 


 35  See  Amendment  of  the  Amateur  Service  Rules  to  Allow  Auxiliary  Operation  on  All  Amateur  Service 


 Frequencies,  except  431-  433  MHz  and  435-  438  MHz,  Order,  FCC  86-  125  (rel.  Mar  26,  1986). 
 36  Id.  at    3. 


 37  Id. 
 38  Id.  at    4. 
 39  Id. 


 40  BEARS  Opposition  at  2;  ARRL  Comments  at  6  (the  variety  of  uses  of  2  m  has  expanded  since  1986);  KARS 
 Reply  Comments  at  1-  2.  See  also  Kenwood  Request,  Exhibit  1  at  3  (Sky  Command  manual  instructs  the 
 operator  to  choose  a  frequency  (on  the  144  MHz  band)  that  does  not  interfere  with  local  stations). 


 41  Kenwood  Request  at  1-  2. 
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 initial  matter,  we  note  that  such  constraints  do  not  necessarily  prevent  amateur  service  stations  from 
 transmitting  on  the  HF  amateur  service  bands.  It  is  our  understanding  that  amateur  radio  operators  in 
 apartments  have  used  antennas  designed  for  operating  from  cars  and  slinky-  type  antennas  to  transmit  on 
 the  HF  bands  from  locations  that  do  not  allow  permanent  outdoor  antennas  and  towers.  42  We  also  note  that 
 it  is  our  understanding  that  some  of  these  restrictive  covenants  prohibit  only  antennas  that  are  visible  from 
 the  front  of  the  dwelling  or  that  are  above  the  roof  line,  thereby  allowing  certain  HF  antennas  such  as 
 ground-  mounted  verticals.  Other  amateur  radio  operators  have  used  attic  antennas  or  hollow  flagpoles  as 
 support  structures  for  HF  antennas  or  have  chosen  to  operate  on  the  HF  bands  from  mobile  stations.  43 
 Moreover,  there  is  no  firm  evidence  to  support  Kenwood's  argument  that  granting  the  waiver  request  will 
 allow  licensees  in  antenna  restricted  locations  to  operate  stations  on  the  HF  amateur  service  bands,  because 
 Kenwood  has  not  shown  that  these  licensees  are  willing  or  able  to  obtain  a  second  location  where  they 
 could  install  the  necessary  equipment  and  outdoor  transmitting  antennas. 


 12.  Finally,  we  are  not  persuaded  by  Kenwoods  argument  that  we  should  grant  the  requested 
 waiver  on  the  basis  that  Sky  Command  will  allow  amateur  service  licensees  to  use  combinations  of 
 frequencies  to  form  complex  communications  systems  that  will  make  amateur  service  licensees  even  more 
 efficient  in  handling  disaster,  emergency,  and  other  public  service  communications.  44  Use  of  amateur 
 service  equipment  and  channels  to  form  complex  communications  systems  for  public  service 
 communications  reflects  a  choice  the  amateur  service  licensee  has  made  as  to  how  to  use  amateur  service 
 channels,  rather  than  anything  inherent  in  Sky  Command.  We  also  note  that  none  of  the  situations  in  which 
 Kenwood  says  Sky  Command  would  be  very  useful  are  public  service  applications  per  se,  but  rather  are 
 applications  that  allow  a  licensee  personally  interested  in  operating  on  the  HF  bands  to  pursue  this  interest 
 at  locations  other  than  the  HF  station.  45 


 13.  Unique  Circumstances.  Kenwood  has  not  claimed  that  there  are  any  unique  or  unusual 
 factual  circumstance  that  would  justify  grant  of  a  waiver  here.  Further,  we  are  concerned  that  granting  a 
 waiver  to  Kenwood  for  Sky  Command  would  not  be  a  technology-  neutral  approach,  by  favoring  a 
 particular  manufacturers  product.  In  this  regard,  we  note  that  it  appears  that  Sky  Command  can  be  used 
 only  with  certain  Kenwood  HF  transceivers  and  handheld  radios.  46  For  this  reason,  we  agree  with  the 
 ARRL  that  it  is  inappropriate  for  us  to  take  actions  that  have  the  effect  of  favoring  amateur  service 
 licensees  who  use  the  products  of  one  particular  manufacturer.  47 


 14.  Lack  of  Reasonable  Alternatives.  As  noted  above,  the  rules  require  an  auxiliary  station  to 
 transmit  only  on  the  1.25  m  and  shorter  wavelength  bands,  except  the  219-  220  MHz,  222.00-  222.15  MHz, 
 431-  433  MHz,  and  435-  438  MHz  segments.  48  Kenwood  concedes  that  it  could  have  designed  Sky 


 42  See  The  ARRL  Antenna  Book  at  4-  3  (16  th  ed.  1991)  (discussion  of  antennas  that  can  be  used  in  apartments). 
 43  See,  e.  g.,  QST  at  53-  54  (May  1999)  (regarding  construction  of  a  flagpole  antenna). 
 44  Kenwood  Request  at  4,  Reply  Comments  at  2-  5;  see  also  West  Comments  at  2;  Costa  Mesa  Comments  at  1-  2. 
 45  Kenwood  Request,  Exhibit  1. 
 46  Id. 
 47  ARRL  Comments  at  3-  4. 
 48  47  C.  F.  R.    97.201(  b). 
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 Command  to  operate  on  the  222  MHz  band  rather  than  the  144  MHz  band.  49  It  states  that  it  chose  the  144 
 MHz  band  because  many  amateur  service  licensees  already  own  dual-  band  equipment  operating  in  the  144 
 MHz  and  440  MHz  bands,  and  Kenwood  wanted  Sky  Command  to  be  compatible  with  existing  equipment.  50  Similarly,  ARRL  states  that  Kenwood  currently  markets  a  radio  in  Japan  that  transmits  on 


 the  440  MHz  and  1296  MHz  bands  and  can  be  used  with  Sky  Command,  but  which  Kenwood  has  chosen 
 not  to  export  to  the  United  States.  51  Kenwood,  however,  in  response  states  its  belief  that  there  is  no  market 
 for  this  radio  in  the  United  States  because  reconfiguring  Sky  Commands  VHF  channel  to  transmit  in  a 
 higher  frequency  amateur  service  band  ignores  the  marketplace  reality  that  the  amateur  service  community 
 demands  a  VHF/  UHF  dual-  band  transceiver  for  Sky  Command  application.  52  We  conclude  that 
 Kenwoods  analysis  of  the  market  and  marketing  decisions  are  not  sufficient  bases  upon  which  we  can 
 conclude  that  Kenwood  has  no  reasonable  alternative  to  the  144  MHz  band  for  Sky  Command  operations. 
 Indeed,  it  appears  that  Kenwood  prefers  to  use  a  VHF/  UHF  dual-  band  transceiver  that  it  already  markets 
 for  its  Sky  Command  system  because  this  VHF/  UHF  dual-  band  transceiver  also  can  be  used  for  other 
 amateur  radio  applications,  such  as  packet  radio  and  voice  communications.  Therefore,  we  believe  that 
 grant  of  this  requested  waiver  is  not  warranted  because  a  reasonable  alternative  exists  that  would  be 
 consistent  with  the  Commissions  Rules. 


 IV.  CONCLUSION 
 15.  For  the  foregoing  reasons,  we  conclude  that  use  of  the  144  MHz  amateur  service  band  for 
 Sky  Command  does  not  comply  with  the  Commissions  amateur  service  rules.  We  also  conclude  that 
 Kenwood  has  not  demonstrated  that  a  blanket  rule  waiver  permitting  amateur  service  licensees  to  utilize  the 
 144  MHz  band  to  operate  a  Sky  Command  system  is  warranted  under  the  circumstances  presented. 


 V.  ORDERING  CLAUSES 


 16.  ACCORDINGLY,  IT  IS  ORDERED  pursuant  to  Sections  4(  i)  and  303(  r)  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  and  Section  1.925  of  the 
 Commission's  Rules,  47  C.  F.  R.    1.925,  the  request  for  declaratory  ruling  or  waiver  filed  by  Kenwood 
 Communications  Corp.  on  November  4,  1999,  IS  DENIED. 


 17.  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 
 49  Kenwood  Request  at  7  n.  10. 
 50  Id. 
 51  ARRL  Comments  at  3-  4. 
 52  Kenwood  Reply  Comments  at  ii. 
7
 Federal  Communications  Commission  DA  00-  1662 
 8 
 Chief,  Public  Safety  and  Private  Wireless  Division 
 Wireless  Telecommunications  Bureau 
8