FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 953
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represents itself as a state, county, or municipality. .. are fatally defective" because they are "too broad in
scope to ensure that the devices underlying the applications are only put to law enforcement purposes."6
We do not find any of the applications to be defective on this basis. First, as stated in the Waiver Order,
eligibility for authorization to operate the Recon Scout is not limited to law enforcement but also includes
firefighters and critical infrastructure security personnel." Second, neither the Commission's rules nor
the Waiver Order prohibits a state, county, or municipal government from filing on behalf of an eligible
law enforcement or firefighting agency operating under its jurisdiction. As required by the Waiver
Order,38 each applicant has specifically referenced the Waiver Order in its application. We consider this
to be a representation and acknowledgement that the applicant only seeks authorization for use of the
Recon Scout by eligible police and firefighting personnel subject to the limitations set forth in the Waiver
Order. Whedbee has not presented any facts to suggest that any state, county, or municipal applicant has
sought to make the Recon Scout available to ineligible users.
13. Authorized Bandwi'idth. ARRL and Whedbee assert that the bandwidth specifications in
the applications are inconsistent with the bandwidth provisions in the Waiver Order because the
applications request authorization to operate in the 433-445 MHz band segment, whereas the Waiver
Order identified three contiguous six megahertz band segments, 430-436 MHz, 436-442 MHz, and 442-
448 MHz, for use by the Recon Scout.39 We find this argument to be moot because the applicants
amended their applications to specify the 436-442 MHz band segment in conformance with the
designation in the Waiver Order.4
14. ARRL also contends that the applications are defective on the grounds that they are based
upon a faulty equipment authorization.4' ARRL notes that the equipment certification for the Recon
Scout cited in the applications specifies an emission designator that only authorizes use of 100 kilohertz
bandwidth, whereas the Recon Scout was described in the Waiver Order as using six megahertz
bandwidth for video transmission.42 ARRL argues that this means either that: (1) the Recon Scout
referenced in the certification is not covered by the Waiver Order; or (2) the certification contains an
incorrect emission designator, which invalidates the equipment authorization.43 ARRL argues that we
cannot grant the applications under either scenario.4
36 Amended Petition at 7.
37 Waiver Order at 13.
See Waiver Order at 13.
3, ARRL Petition at 5-6.
40 See e.g. File No 0004270113 Application of City of Salina, Kansas. Moreover, even if the applications had not
been so amended, they would be consistent with the Waiver Order, because the three band segments identified in the
Waiver Order combine to form an 18 megahertz block from 430-448 MIHz, and the 433-445 MHz band segment
identified in the original applications lies entirely within that 18 megahertz block. Therefore, the original
applications would be consistent with and in compliance with the Waiver Order, so long as the licensees abide by
the restrictions set forth in that order with respect to use of spectrum in each of the specified band segments, i.e., the
licensee must first use the 436-442 MHz segment before it can operate a second device in the 442-448 MHz
segment, and it must operate in both the 436-442 Mllz and 442-448 MIlz segments before it can deploy a device in
the 430-436 MHz segment. See Waiver Order at 9.
41 ARRL Petition at 3 n.4, Opposition to Petitions To Deny (filed 9/1/2010), attachment "Errors and Issues in the
Testing and Certification of the ReconRobotics Recon Scout." See Waiver Order at 12.
42 ARRL Petition at 3 n. 4.
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/m1/31/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.