FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 949

                                
operate in this band.5 Specifically, ReconRobotics sought a waiver of Sections 90.101, 90.207, and
90.209 of the rules,6 to (1) permit equipment authorization for the Recon Scout and (2) enable public
safety customers to obtain licenses for use of the Recon Scout. On February 23, 2010, the Public Safety
and Homeland Security Bureau (PSHSB) and the Wireless Telecommunications Bureau (WTB) jointly
released an Order (Waiver Order) granting the requested relief, subject to the following conditions
applicable to applicants seeking licenses to operate the Recon Scout:
* Eligibility is limited to state and local police and firefighters eligible for licensing under Section
90.20(a)(1) of the Commission's rules and security personnel in critical infrastructure industries.
No operation is permitted prior to license grant, and no applications will be granted until
ReconRobotics obtains equipment authorization.
* When applying for authorization to operate the Recon Scout, the applicant must reference the
Waiver Order by DA 10-291, and specify the proposed area of operation and the requested
frequency segment.
* The Recon Scout may be used only during actual emergencies involving threats to safety of life
and for necessary training related to such operations. Security personnel in critical infrastructure
industries may operate the Recon Scout only in areas that are environmentally hazardous for entry
by human personnel, and for necessary training related to such operations.
* Training operations are not permitted within thirty kilometers of certain Federal radiolocation
sites, as listed in the Waiver Order.
*   The Recon Scout will operate on a secondary basis (cannot cause interference and is not protected
from interference) to all Federal users and licensed non-Federal users.
* The operation of the Recon Scout may be affected by certain radar and ionospheric research sites,
as listed in the Waiver Order.
* Licensees must maintain a log of all Recon Scout use. The log will include the date of operation,
start/stop times, location of operation, frequency segment of operation, reason for use, and point of
contact. Licensees must provide this information to the Commission or to the National
Telecommunications and Information Administration upon request of either agency.7
3.     In March 2010, ARRL, Kristopher Kirby, and W. Lee McVey filed petitions for
reconsideration of the Waiver Order. On August 19. 2010, Whedbee filed a motion to set the Waiver
Order aside and related pleadings.9 On April 15, 2011, WTB, PSHSB, and the Office of Engineering
Technology (OET) jointly issued the Order on Reconsideration granting the ARRL petition in part and
s See Recon Robotics Request for Waiver (filed Jan. I , 2008).
See 47 C.F.R.  90.101 (limiting Part 90 use of 420-450 MHz to radiolocation). 90.207 (modulation), 90.209
(bandwidth).
Waiver Order at    11-13. Other conditions applied to ReconRobotics and are omitted here.
a See ARRL Petition for Reconsideration (filed Mar. 24, 2010). See also Letter from Kristopher Kirby to Federal
Communications Commission (filed Mar. 10, 2010) (Kirby Petition); Petition for Reconsideration of Waiver Grant
to ReconRobotics, Inc. (filed Mar. 6, 2010) (McVey Petition).
SSee Motion to Set Aside. Vacate, or Correct Order by Cancellation of the Waiver Order, Construing the
Application Therefore as a Petition for Rulemaking, and Reinstating Proceedings as a Notice of Proposed
Rulemaking Consistent with 5 U.S.C. Section 553 (filed Aug. 19. 2010)(Motion). Although Whedbee did not
caption his Motion as a petition for reconsideration, it was treated as a petition for reconsideration because it clearly
sought review of the Waiver Order. See ReconRobotics, Inc., Request for Waiver of Part 90 of the Commission's
Rules, Order on Reconsideration, 26 FCC Red 5895 (WTB/PSIHSBOET 2011) (Order on Reconsideration) at n.5.

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Federal Communications Commission

DA 12-123