PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 99-2805 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 15, 1999 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR DECLARATORY RULING OR WAIVER BY KENWOOD COMMUNICATIONS CORPORATION TO ALLOW AMATEUR RADIO OPERATORS TO USE CHANNELS IN THE TWO METER AMATEUR SERVICE BAND (144.0-148.0 MHZ) TO REMOTELY CONTROL AN AMATEUR STATION TRANSMITTING ON HIGH FREQUENCY AMATEUR SERVICE BANDS Comment Date: January 31, 2000 Reply Comment Date: February 14, 2000 On November 4, 1999, Kenwood Communications Corporation ("Kenwood") filed a Request for Declaratory Ruling or Waiver ("Request") seeking a declaratory ruling that an amateur radio station control operator using Kenwood's Sky Command System is in compliance with the Commission's Rules for the Amateur Radio Service when the Sky Command System is used to remotely control (telecommand) an amateur station that is transmitting on the High Frequency (HF) amateur service bands. The amateur service Rules provide that an amateur station on or within 50 km of the Earth's surface may be under telecommand where there is a radio or wireline control link between the control point and the station sufficient for the control operator to perform his or her duties. If radio, the control link must use an auxiliary station. See 47 C.F.R.  97.213(a). An "auxiliary station" is defined as an amateur station, other than in a message forwarding system, transmitting communications point- to-point within a system of cooperating amateur stations. See 47 C.F.R.  97.3(a). An auxiliary station may transmit only on the 1.25 meter and shorter wavelength bands, except the 219-220 MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments. See 47 C.F.R.  97.201(b). Kenwood avers that its Sky Command System satisfies all of the requirements of the amateur service rules and that use of Very High Frequency and Ultra High Frequency amateur service channels to access HF equipment at remote locations is in the public interest. The Sky Command System would use frequencies in the 2-meter amateur service band to transmit audio from the HF station to the HF station's control point when certain dual band Kenwood amateur service transceivers are used with the Sky Command System. Kenwood states that this transmission path should be considered as third party communications rather than an auxiliary station under the Rules. Kenwood also requests a blanket waiver of any Commission Rules with which the Commission finds the Sky Command System does not comply. Interested parties may file comments on the Request on or before January 31, 2000. Parties interested in submitting reply comments must do so on or before February 14, 2000. All comments should reference the subject Request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., TW-325, Washington, D.C. 20554. A copy of each filing should be sent to International Transcription Services, Inc. (ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800, and to William T. Cross, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Policy and Rules Branch, 445 Twelfth Street, S.W., Room 4-C403, Washington, D.C. 20554. The full text of the Request, comments, and reply comments will be available for inspection and duplication during regular business hours in the Reference Information Center (RIC) of the Consumer Information Bureau, Federal Communications Commission, 445 Twelfth Street, S.W., Room CY A257, Washington, D.C. 20554. Copies also may be obtained from ITS. For further information regarding the public reference file for this Request, contact Maria Ringold, Chief, Wireless Branch, RIC, (202) 418- 1350. Unless otherwise provided, requests for waiver of the Commission's rules are subject to treatment by the Commission as restricted proceedings for ex parte purposes under Section 1.1208 of the Commission's Rules, 47 C.F.R.  1.1208. Because of the policy implications and potential impact of this proceeding on amateur service licensees not parties to the waiver request, we believe it would be in the public interest to treat this case as a permit-but-disclose proceeding under the ex parte rules. See 47 C.F.R.  1.1200(a), 1.1206. Therefore, subsequent to the release of this Public Notice, ex parte presentations that are made with respect to the issues involved in the subject Request will be allowed but must be disclosed in accordance with the requirements of Section 1.1206(b) of the Commission's Rules, 47 C.F.R.  1206(b). For further information, contact William T. Cross of the Policy and Rules Branch of the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau at (202) 418-0680. By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. - FCC -