FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 952
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* The Waiver Order granted relief solely to ReconRobotics and ReconRobotics cannot transfer
this relief to third parties.27
* The Recon Scout operates in a mobile itinerant manner and the applications do not seek
authorization for mobile itinerant operations.'s
* The applicants did not frequency-coordinate the applications.29
With respect to Whedbee's first argument, the Waiver Order's grant of relief was not limited to
ReconRobotics; rather, it explicitly stated that the waiver was granted to "permit equipment authorization
and customer licensing of the Recon Scout."30 Moreover, the Waiver Order explicitly stated that 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 were eligible for authorization to operate
the Recon Scout and set forth in detail the application procedures to be used by eligible applicants.3'
10. With respect to the arguments that the applicants should have sought authorization for
mobile itinerant operations and frequency-coordinated their applications, none of these steps is required
by the Waiver Order or the Order on Reconsideration, which established the conditions to permit
authorization and customer licensing of the Recon Scout device. The Waiver Order specifically stated
that when applying, applicants should reference the Waiver Order and provide information regarding the
proposed area of operation and the requested frequency segment.32 In light of these restrictions, we
conclude that there is no reason to require applicants to apply for mobile itinerant authorizations. The
Commission's rules define "itinerant operation" as "[o]peration of a radio station at unspecified locations
for varying lengths of time."33 However, the authorizations being granted by this order subject the
licensees to the same or greater geographic restrictions than would be associated with mobile itinerant
use, because they are limited to operating within a specified radius around a geographic point. In
addition, use is further restricted because the licensees may only operate the Recon Scout during actual
emergencies involving threats to safety of life or for necessary training related to such operations.34
11. As noted above, the 420-450 MHz band is allocated primarily for Federal use, and non-
Federal applicants seeking to operate in Federal bands need not engage in frequency coordination with
Federal users because the Commission coordinates such applications with NTIA. Accordingly, the
Waiver Order stated that applications would not need frequency coordination,35 and we see no reason to
reverse course and impose additional procedural requirements on applicants in light of the strict
limitations on use of the Recon Scout that we have already imposed in the Waiver Order and that we
apply to the authorizations granted by this order.
12. Public Safety Use. Whedbee argues that applications filed by "any applicant which
27 Amended Petition at 6-7, see also Whedbee Petition to Deny at 2-3, Ex Parte Memo.
28 Amended Petition at 7.
29 See, e.g., Whedbee Petition at 2. Amended Petition at 7.
30 Waiver Order, 25 FCC Red at 1785 8 (emphasis added).
*3 Id., at 1786, 1788 1 11, 13.
3 Id., at 1788 13.
. 47 C.F.R. 90.7.
M Waiver Order at 1788 13.
SId. at 1788 13-14.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/30/: accessed June 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.