******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** August 30, 1999 DA 99-1732 In Reply Refer To: 2000F/WTC Mr. James Edwin Whedbee Worldwide STAR Corporation P.O. Box 901400 Kansas City, MO 64190-1400 Dear Mr. Whedbee: This letter addresses your January 1, 1997, request for waiver of certain Citizens Band (CB) Radio Service rules. You state that this waiver is necessary to allow Worldwide STAR Corporation (Worldwide) to place a CB Radio Service device aboard its spacecraft. Specifically, Worldwide requests waiver of the Commission's Rules that prohibit a CB station from communicating with, or attempting to communicate with, another CB station more than 250 kilometers (km) (155.3 miles) away and that prohibit operation of a CB station transmitter by radio remote control. See 47 C.F.R.  95.413(a)(9) and 95.419(a). Worldwide also requests waiver during peak solar cycles of the power rule applicable to CB stations. See 47 C.F.R.  95.410. For the reasons stated below, your request for waiver of the Commission's Rules is denied. The CB Radio Service is a private, two-way, short-distance voice communications service for personal or business activities of the general public. A person operating a CB station must comply with the CB Radio Service rules when the station is operated from: (1) within or over the territorial limits of places where radio services are regulated by the FCC (see 47 C.F.R  95.405); (2) aboard any vessel or aircraft registered in the United States; or (3) aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company. See 47 C.F.R.  95.401(a) and 95.402(a). CB stations are not authorized to be operated within the territorial limits of areas where radio services are regulated by an agency of the United States other than the FCC or any foreign government. See 47 C.F.R  95.405(b). CB stations are authorized to transmit two-way plain language communications about your personal or business activities or those of members of your immediate family living in your household only to other CB stations, to units of your own CB station or to authorized government stations on CB frequencies. They are prohibited from communicating with stations in other countries (except General Radio Service stations in Canada), from transmitting one-way communications (except for emergency communications, traveler assistance, brief tests, or voice paging), and from transmitting communications for live or delayed rebroadcast on a radio or television broadcast station. See 47 C.F.R.  95.412(a) and 95.413(a) and (b). Mr. James Edwin Whedbee 2. The maximum output power of CB stations and the maximum height of an antenna at a CB station are limited. See 47 C.F.R.  95.408 and 95.410. These limitations are intended to allow CB Radio Service channels to be reused or shared by many users simultaneously and to limit the communication capability of a CB station to short distances. In this regard, we note that higher power and high antennas facilitate communications over greater distances and, therefore, are inconsistent with the purpose of the service. Further, we note that by international agreement, the frequency segment 26.960-27.410 MHz is allocated to fixed or mobile, except aeronautical mobile, stations. See 47 C.F.R.  2.106. In the United States, this frequency segment is allocated to the CB Radio Service, a terrestrial communications service that uses fixed and/or mobile stations. Id. Transmissions from satellites in this frequency segment are not permitted under the international Radio Regulations. See Radio Regulations, Article 1, Section III and Article 8. Because the Radio Regulation allocations are established pursuant to a multilateral treaty which has the force and effect of law, the FCC does not have the authority to unilaterally amend these allocations or grant waivers to stations that can not be authorized to transmit on channels within the frequency segment. Therefore, we must deny your request for waiver of the rules. We also note, however, that even if satellite stations were authorized to transmit on CB Radio Service channels, you have provided no evidence of authority to launch or operate a satellite over the United States or evidence that you have complied with the applicable international requirements. See Radio Regulations, Articles 11 and 13. Your request for rule waivers applicable to transmissions from a satellite, therefore, also appear to be speculative. Additionally, operation of a CB station aboard a satellite would be contrary to the short-distance nature of CB Radio Service because the communications footprint of a satellite is much greater than 250 km due to its altitude. Accordingly, for the reasons stated herein, IT IS ORDERED that your request for waiver of Sections 95.410, 95.413(a)(9) and 95.419(a) of the Citizens Band Radio Service rules IS DENIED. This action is taken pursuant to delegated authority granted under the provisions of Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R.  0.131(a) and 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau File: j:\bcross\wwstar.wai CC: Chron file D. Terry H. Zeiler R. Melson J. Borkowski K. Hosford M. Shultz S. Linn S. Griffis R. Taylor K. Lawver Al Kneer D. Reeder W. Cross Tracking No. B 70059