(Note: Only FCC Part 95 Citizens Band Radio related actions are shown below.) ________________________________
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Daily Digest
Federal Communications Commission
45 L Street NE
Washington, DC 20554

Vol. 42 No. 141
News media information 202 / 418-0500
Internet: http://www.fcc.gov
ASL Video Call: 1-844-432-2275


July 25, 2023
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WIRELESS TELECOMMUNICATIONS BUREAU CONDITIONALLY GRANTS A REQUEST BY MIDLAND RADIO CORPORATION FOR WAIVER OF CERTAIN GENERAL MOBILE RADIO SERVICE RULES. Conditionally granted Midland's GMRS waiver request.. (Dkt No 21-388). Action by: Chief, Mobility
Division, Wireless Telecommunications Bureau. Adopted: 2023-07-24 by ORDER. (DA No. 23-633). WTB. DA-23-633A1.docx<https://docs.fcc.gov/public/attachments/DA-23-633A1.docx> DA-23-633A1.pdf<https://docs.fcc.gov/public/attachments/DA-23-633A1.pdf> DA-23-
633A1.txt<https://docs.fcc.gov/public/attachments/DA-23-633A1.txt>

(Note:

Citizens Band Radio or Part 95 match found in contents linked at URL:

II. BACKGROUND
2. The Personal Radio Services governed by Part 95 include various short-range low-power
services, generally for public use over shared spectrum with operation authorized by rule rather than by

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3. Midland's Waiver Request. Midland manufactures and sells personal communications
devices, including GMRS radios, Citizens Band (CB) radios, and other two-way radios for use in areas
where there is little to no cellular coverage. On July 16, 2021, Midland requested that the Commission
waive certain sections of its Part 95 rules to extend data privileges currently limited to handheld GMRS


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1 47 CFR Part 95, subpart E.
2Midland Radio Corporation Petition for Waiver, WT Docket No. 21-388 (filed July 16, 2021),

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Antenna%20Rule.pdf?folder=1071680655068 (Waiver Request); id. at 4-6.
3 47 CFR Part 95; Review of the Commission's Part 95 Radio Services Rules, Report and Order, 32 FCC Rcd 4292,
4294-95, paras. 4-5 (2017) (2017 Report and Order). The Personal Radio Services consist of eleven different
services. Id. at 4294, para. 4. While Part 95 originally applied mainly to mobile voice communication for
individuals and radio control devices used by hobbyists for control of model devices, the scope has expanded over

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4. Specifically, Midland requests waivers of:
· Section 95.1731(d), to allow digital transmission from non-handheld radios.7
Midland asserts that this is necessary because the off-road radios would be vehicle-

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50 watts.8
· Section 95.1787(a)(3), to allow the automatic transmission of digital data more
than once within a thirty-second period.9 Midland argues that allowing the more

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be continuously monitored by other users.10
· Section 95.1787(a)(4),11 to allow the antennas to be a non-integrated part of the
GMRS unit. Midland plans to provide greater range through the use of a separate

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drawing from the vehicle's power supply.12
· Section 95.1767(a), to allow the devices sending digital data to operate at 50 watts
instead of the current 5 watt limit.13 In its Waiver Amendment, Midland argues

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25Waiver Amendment; Midland March 25th Ex Parte; see also Public Notice at 2. In its Amendment, Midland
removed its waiver request of section 95.1787(a)(1) to allow the automatic transmission of digital data because of
(continued....)

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10. Waiver of Handheld Radios and Integrated Antennas. Midland seeks waiver of section
95.1731(d) to allow digital transmissions from non-handheld radios, and section 95.1787(a)(4) to allow
the antennas to be a non-integrated part of the GMRS unit.29 Midland states that off-road GMRS users

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the Commission's recently released GMRS Order, which adopted rules to allow for automatic data transmissions in
the GMRS service. See Review of the Commission's Part 95 Personal Radio Services Rules, Petition for
Rulemaking of Garmin International, Inc., Petition for Rulemaking of Omnitronics, L.L.C., WT Docket No. 10-119,

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mitigate possible audio interference to adjacent users.32
11. Waiver of Duty Cycle. Midland also requests a waiver of section 95.1787(a)(3) to allow
the automatic transmission of digital data more than once within a 30-second period, arguing that

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emergency personnel to quickly be contacted and dispatched to the emergency location.34 We find a
waiver of section 95.1787(a)(3) is warranted in the instant case, because it is in the public interest to allow
close to real time tracking in the unique circumstances surrounding the use of off-road GMRS units and

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transmissions do not unduly congest the band or cause audio interference to the detriment of other GMRS
users, and we thus grant Midland's request for waiver of section 95.1787(a)(3), so long as Midland
complies with these conditions.
12. Waiver of Power Limit. Midland further asserts that waiver of section 95.1767(a) to
allow devices sending digital data to operate at 50 watts instead of the 5 watt limit will better serve the

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minimizing potential undue congestion or audio interference to other GMRS users that could be caused
by these higher powered, more frequent data transmissions. Because waiver of section 95.1767(a) for the
462 MHz main channels in this instance will further the public interest by allowing more reliable and

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seconds, which equates to a maximum duty cycle of 300-600 ms per minute. See id. at 5; Waiver Amendment at 4.
In its ex parte, Garmin expressed support for Midland's request for waiver of section 95.1787(a)(3) noting that
"[s]uch short digital transmissions will not create excessive congestion or cause harmful interference to other GMRS

)

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