Before the Federal Communications Comission Washington, D.C. 20554

In the Matter of ) ) Review of the Commission's Part 95 Personal ) WT Docket No. 10-119 Radio Services Rules ) ) 1998 Biennial Regulatory Review - 47 C.F.R. ) WT Docket No. 98-182 Part 90 - Private land Services ) ) Petition for Rulemaking of Garmin International, ) RM-10762 Inc. ) ) Petition for Rulemaking of Omnitronics, L.L.C. ) RM-10844

NOTICE OF PROPOSED RULE MAKING AND MEMORANDUM OPINION AND ORDER ON RECONSIDERATION

Comments of Raymond Gary Hendrickson

1. The Commission has before it a proceeding in which some of the technical rules for the Citizens Band (CB) Radio Service would be amended and re-organized. In particular, I refer specifically to paragraphs 55, 56 and 57 in the Notice. I have had extensive experience in evaluating and testing radio transmitting equipment which was/is being manufactured, imported and marketed under the guise of being "" transmitting equipment, but which is, in fact, non-type accepted CB radio equipment1. In the Notice, I believe that some of the existing or proposed Rules are inadequate. Based upon my experience, I respectfully offer the following comments and recommendations:

1 Prior to retiring in 2002, I worked at the FCC's OET Laboratory at Columbia, Maryland, where I evaluated and tested many makes and models of both FCC type accepted and non-type accepted "10 Meter amateur" and CB radios. Documentation of these tests is available in my Laboratory Notebook, which is located at the FCC Laboratory.

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2. The Commission's Office of Engineering Technology (OET) and its Enforcement

Bureau (EB) have long been aware of the problem of unlicensed radio operation on frequencies outside of the 40 specific channels which are assigned in Section 95.625 of the Commission's Rules for CB operation (26.965 - 27.405 MHz). Such operation, commonly referred to as "freeband" operating, has become quite common in the frequency range from about 25 MHz thru 32 MHz. These frequencies are allocated to several radio services, including the Radio Astronomy Service (where NO transmitting, of any kind, is permitted), the Broadcasting and Auxiliary Broadcast Services, the

Maritime Services, the Land Mobile Radio Services, and the Amateur Radio and

Amateur Satellite Services. The U.S. Government also has allocations within this frequency range.

3. Freeband radio operators typically use non-type accepted radio equipment, or make simple modifications to type accepted CB radio equipment in order to operate on these "out-of-band" frequencies. Due to the popularity of this "freeband" operation, numerous radio equipment manufacturers, importers and dealers have elected to continue to take advantage of a lucrative market, notwithstanding the FCC's "win" of the trial of

Ranger Communications, Inc., at which the importation, sale and use of non-FCC type accepted CB radios was confirmed as being illegal.

4. Unfortunately, a "loophole" is created in the FCC Rules by the fact that transmitting equipment which is legitimately intended for use by licensed Amateur Radio

2 operators in the Amateur Radio and Amateur Satellite Services, need not be type

accepted. Manufacturers of "real" amateur radio High Frequency (HF) transmitting

equipment, such as Icom America, Inc., Kenwood U.S.A. Corp., Ten-Tec, Inc., and

Yaesu Division of Vertex Standard, Inc., among others, manufacture numerous models of

transmitting/receiving equipment which operates in the Amateur and Amateur Satellite

Service bands from 1.8 thru 30 MHz. As they come out of the box, the majority of these radios will transmit only on allocated Amateur frequencies. However, most models can be altered to operate on non-Amateur frequencies between 2 and 28 MHz for specific, legitimate reasons, including operating on MARS (Military Auxiliary Radio Service)2 and Civil Air Patrol auxiliary of the U.S. Air Force frequencies. Modification of most of these radios is not a simple project, and several manufacturers require proof of a legitimate need before providing modification information to the owners. In addition, most licensed radio amateurs, having passed the required examination to earn their

Amateur Radio License, will not jeopardize their FCC-issued licenses by operating on unauthorized frequencies.

5. Some manufacturers have taken advantage of the above-described "loophole" to manufacture radios which are obviously intended to be sold to, and used by,

"freebanders", under the guise of being "10 Meter Amateur" radios3. As they come out of

the box, some of these radios will operate only on 10 Meter Amateur frequencies, but

they can be readily altered to operate on other frequencies somewhere in the 25 - 32 MHz

2 The parenthetical statement at the end of Proposed Section 95.33(e)(7) [previously Section 95.655(a)] needs to be amended. The official name of MARS has been changed from Military Affiliate Radio System to Military Auxiliary Radio System. See DoD Instruction Number 4650.02, dated December 23, 2009. 3 The 10 Meter Amateur and Amateur Satellite Services band covers the frequency range from 28.000 to 29.700 MHz.

3 frequency range. Other makes and models of these radios, often advertised as having

"full frequency coverage", or described as "export" radios, will operate without alteration

on frequencies outside of the 10 Meter Amateur band.

6. Even though most of these non-type accepted radios will operate within all, or a

portion of the 10 Meter Amateur band, they have little appeal to legitimate Amateur

Radio operators. Most of them have no display of the operating frequency - they only have a two-digit display showing a "channel" number. The actual operating frequency of

any give channel number may not be the same between different makes and models of

radio, so tuning to a given channel number may not assure communications with another

radio model tuned to the same channel. In addition, some of these radios only provide for operation in a limited portion of the 10 Meter Amateur band, on frequencies where voice operation is prohibited.4 Some models provide other "amenities" which "real" Amateurs

do not use, such as a "roger beep", or an "echo" or "reverberation" sound effect on the

voice.

7. Virtually all of these non-type accepted radios share several commonalities:

First, they all use a display system which shows the "channel number" the radio is

tuned to. However, only a very small number of models have any provision to show the

actual operating frequency. All of them have a number of "bands", or 40 channel blocks

of frequencies - some have as many as 480 channels in up to 12 "bands". When tuned to

4 Refer to the Table of Frequencies and Authorized Emission Types in Section 97.305(c) of the Commission's Rules.

4 frequencies allocated to the 27 MHz CB Radio Service, they all show the actual FCC-

assigned CB channel number shown in Section 95.625(a).

Second, a review of the frequency vs. channel number assignment in Section

95.625(a) will reveal that the frequency spacing between adjacent channels is

inconsistent. This channel spacing inconsistency is universally reflected in all of the

other "bands" that these radios utilize.

Third, all of these radios can be readily altered to operate on unauthorized "out-

of-band" frequencies, if they haven't already been altered5. In all cases, it is obvious that the capability of being readily altered has been consciously and intentionally included by the manufacturer in the radio's original design. In virtually all cases, alteration can be accomplished by a minimally trained person in less than 5 to 10 minutes, including removal and replacement of the radio's cover. Alteration can include any of these steps: flip a switch; move, remove or install a jumper plug on a Printed Circuit Board; cut or solder a wire; plug in a plug which was "accidentally" left un-plugged on the production line; install a "key" consisting of a small number of electronic components; or some combination of these steps. Alteration information is readily available on the Internet, in

"mods books", on CD's, etc. Some companies advertise that they will make the modifications for a nominal fee.

Fourth, virtually all makes and models of non-type accepted CB radios will transmit with more power than is authorized in Section 95.410(a). 3 to 4 dB more power is typical, but some radios transmit with up to 14 dB more power.

5 The term "simple alteration" has been addressed in several of the Commission's Rules and interpretation of the term has been confirmed by the Commission's General Counsel. See Sections 15.121(a), 95.425(c), 95.607, and 95.655(c).

5 Fifth, this type of radio is not marketed at stores which cater to the legitimate

Amateur Radio community. They can readily be found at CB stores, and highway "truck

stops".

8. It should also be noted that some manufacturers of several models of FCC type

accepted CB radios have clandestinely included provisions to readily alter their radios for

"out-of-band" operation. They just omitted that fact on their application for FCC type acceptance.

9. As discussed in Paragraph 4, above, there is one significant difference between

"real" Amateur Radio equipment and non-type accepted CB radio equipment. That

difference is that if a "real" Amateur Radio transmitter/receiver is tuned to a frequency

which is allocated to the CB Radio Service, it will not display the FCC-assigned CB

channel number, whereas all of the makes and models of non-type accepted CB radios,

"10 Meter Amateur" and "export" radios will display the appropriate FCC-assigned CB

channel number when they are tuned to the CB portion of the .

10. Another difference is that on all makes and models of "real" Amateur Radio

equipment, all of the front panel controls actually do what they are labeled to do.

However, on many models of "10 Meter Amateur" radios, some of the front panel

controls do absolutely nothing until the radio has been altered for out-of-band operation.

In other models, front panel controls which originally perform some legitimate function, such a dimming the lights, perform a new frequency-related function after being altered.

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11. In paragraph 4 of the Notice, the Commission proposes "... to revise individual

service rules to reflect more accurately current technologies...". One increasing use of

current technology is the use of a Microprocessor (uP) in more and more consumer

devices, including CB radios. Within these microprocessors is an area of Read-Only

Memory (ROM) in which the operating program for the device is installed. This program

is written by the designer/manufacturer of the device during development of the product,

and is permanently "burned" into the uP at the point of fabrication. For both non-type

accepted and type accepted CB radios which utilize a uP for its control, the program

written into the uP includes all frequencies the radio will have the ability to operate on.

As discussed above, all uP-controlled non-type accepted, and some uP-controlled type accepted CB radios have many of the "out-of-band" frequencies burned into their ROMs.

12. In paragraph 3 of the Notice, it was noted that the Commission had previously adopted technical rules designed to minimize harmful interference. This is as it should

be, but I believe that the existing rules are inadequate to deter the manufacturers,

importers and vendors of illegal radio equipment, the use of which causes severe interference to authorized users.

13. I recommend that Section 95.605 of the Rules be strengthened by stating that an

applicant for certification must specifically certify, in its application, that the program in

any Read-Only Memory device within the radio does not include any frequencies which

are not authorized for the CB Radio Service. In addition, for those models of CB radio

7 which do not contain any ROM, the applicant must certify that no switches, connectors, wires or other components which can be readily altered have been installed, or can be readily installed, to provide for operation on unauthorized frequencies.

14. Manufacturers will more than likely object to the above recommendations, claiming that they will increase manufacturing costs. I disagree. The cost of small microprocessors, including customized uPs and ROMs, is minimal. Manufacturers of non-type accepted CB radios, including the "10 Meter Amateur" and "export" models have no legitimate objection. As a matter fact, I believe that a careful review of the

International Telecommunications Union's International Frequency Allocations Table will reveal that any radio transmitting equipment with frequency coverage such as described in the foregoing discussion would not be legal for use in any ITU Signatory country. Although this is not a problem that the Commission would normally be concerned about, I believe that adoption of strengthened rules prohibiting the manufacture, importation, sale and use of these radios, as well as increased penalties, would help to control a world-wide problem.

15. I believe the Commission has made a serious error in Section 95.655(a) by placing the parenthetical expression at the end of this section6. By placing this

"loophole" in Part 95, it's like waving a big red flag and yelling "Hey, guys, here's your loophole!". If this statement absolutely must be placed anywhere in the Rules, move it to

Part 2, Subpart J, or to Part 97. But this statement has no business being in Part 95.

6 Refer to Footnote #2, above.

8 16. Another problem in the Rules is the Commission's self-imposed 30 day limit in

Section 1.108 for setting any of its actions aside. This limitation is especially onerous

when it comes to the Commission's equipment authorization program. All too often, a

problem with some device which has been issued an equipment authorization only comes

to the attention of the Commission well after this 30 day time limit. This seriously

complicates the process for setting the grant aside. Granted, Section 2.939 provides for

revocation of an equipment authorization, but the process is very cumbersome and time-

consuming. As applied to type-accepted CB radios which are subsequently found to be

readily alterable for "out-of-band" operation, this time limitation creates serious difficulty

in correcting the problem.

17. The Service was created over fifty years ago, when the

technology of the day was such that the choice of frequencies was appropriate.

Technological advancements during the past 50 years are such that radio operation similar to that which was originally intended in the CB Radio Service can now be conducted, at identical, or even reduced, equipment costs, on frequencies where "DX"

(long distance) communications is not feasible. Hence, a radical suggestion: Create a new UHF CB Radio Service, perhaps in the 700 MHz frequency range, and discontinue the existing 27 MHz CB Radio Service in, say, 10 years. A new CB service in the UHF spectrum would allow enhanced frequency reuse, could provide for more channels, and other advantages for the users. Phasing out operation in the HF spectrum would give the Commission much better enforcement power over manufacturers, importers, vendors and users of equipment who continue to illegally

9 utilize the HF spectrum after the cut-off date. It would also encourage people who enjoy long-distance communications to obtain an Amateur Radio License.

18. In consideration of the foregoing discussion, I respectfully request that the

Commission make changes to the Rules for the Personal Radio Services in accordance with the foregoing comments.

Respectfully submitted,

Raymond Gary Hendrickson

1419 Larch Road Severn, Maryland 21144

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