Listed below in reverse chronology are the latest developments in the implementation of MURS (Multi Use Radio Service), a new VHF (150 MHz) Citizens Band Radio Service.
July 25, 2003: Periods for Public Comments and Replies for the Second PRSG Petition now closed.
In November 2002, PRSG filed a second Petition for Reconsideration in MURS requesting that the FCC reconsider several aspects of the rules. The FCC period for accepting public comments and replies recently expired.
Four parties filed formal comments to the Petition, and PRSG filed a Reply. We hope for FCC action on the Petition and the subsequent public comments and reply later this year.
June 28, 2003: FCC Opens Comment Period for the Second PRSG Petition.
In November 2002, PRSG filed a Petition for Reconsideration requesting that the FCC reconsider several aspects of the MURS rules. The main points that we raised are discussed in the update entry immediately below (for November 24, 2002).
Recently, the FCC acknowledged receipt of this second PRSG Petition, and established a time period for public comment (in support or opposition). The public now has until July 10, 2003, to file comments.
Click here to view a copy of the Petition and a brief discussion of how to file your own comments.
November 24, 2002: PRSG Petitions the FCC for Reconsideration of Certain MURS Rules.
On October 11, 2002, the Federal Register ("FR") finally published the Memorandum Opinion and Order and Second Report and Order ("MO&O/SR&O") which implemented the "new" MURS rules. (The FCC had actually announced the changes back in May 2002, and there were no surprises in the eventual implementation version.) The rules went into effect on November 12, 2002.
PRSG has filed a Petition for Reconsideration which requests that the FCC reconsider several aspects of these new rules. The main points that we raised were:
Others will have an opportunity to comment (either in support or in opposition) on the Petition. The comment period will start when the FCC issues a formal Public Notice of receipt of our Petition.
If you have Adobe Acrobat Reader, click here to retrieve a PDF version of the Petition from the FCC's Electronic Comment Filing System (ECFS).
Alternatively, click here to view an HTML version of the same Petition that you can view with a regular Web browser. You will also be able to download a printable version. (The FCC version has numerous typographical errors introduced when it OCR-scanned in the Petition. The PRSG versions are therefore more accurate.)
As soon as the FCC announces the comment deadline, we will post that information here on the PRSG Web site. We will also provide suggestions as to how to submit your comments.
October 13, 2002: Date of implementation of "new" MURS rules is finally set.
On October 11, 2002, the Federal Register ("FR") finally published the Memorandum Opinion and Order ("MO&O") which implements the "new" MURS rules. The revised rules will go into effect on November 12, 2002, ironically two years almost to the day of the date of implementation of the original rules. (The FCC had released the MO&O announcing these changes back in May 2002.)
With this implementation date now set, we will now resume work on preparing a request for clarifications (and possibly further changes) that were not addressed in the MO&O. For instance, we would like the FCC to impose certain automated operating protocols that would encourage greater compliance with the MURS Rules.
The procedures to follow to participate in these on-going public discussions are also shown in the PRSG annotated version.
July 7, 2002: PRSG posts annotations to the FCC's MURS MO&O.
In late May 2002 (see the next item, dated May 23, 2002), the FCC released a Memorandum Opinion and Order (MO&O) that announced changes in the MURS Rules. The exact date of effect will be thirty days after publication in the Federal Register. As of today (July 7), the FR has not yet published the MO&O, and we now expect the eventual implementation date of the new MURS Rules to be not before mid August 2002.
PRSG has prepared an HTML version of the MO&O than you can view online without having to download the FCC's "official" but large (nearly 1.5 MegaBytes!) PDF version. In the shorter PRSG HTML version, we have annotated some sections to provide additional information about the significance and implications of the changes therein.
PRSG intends these annotations to encourage discussion about further clarifications that we might request from the FCC. We agree with the basic policies that the FCC announced in the MO&O, but we would also like to see certain additional non-policy changes. For instance, we would like the FCC to impose certain automated operating protocols that would encourage greater compliance with the MURS Rules.
The procedures to follow to participate in these on-going public discussions are also shown in the PRSG annotated version.
May 23, 2002: FCC Announces Changes in MURS Rules
The FCC has released a Memorandum Opinion and Order (MO&O) that announces changes in the MURS rules in about a month. (The exact date of effect will be thirty days after publication in the Federal Register. We will announce that date of effect as soon as we know it.)
The MO&O responds to the three Petitions for Reconsideration and the associated comments, oppositions, and replies filed after the FCC adopted the original rules back in Fall 2000. Click here to download a PDF copy (which requires Adobe Acrobat Reader, a free software program) of this MO&O from the FCC Web site.
The essence of these changes is summarized here:
July 4, 2001: Motorola Seeks Compromise on MURS
In a radical departure from its earlier stance, Motorola Inc. now supports use of MURS for personal and family comunications.
In a Supplemental Comment posted on July 3, 2001, on the FCC's ECFS System, and also available on the PRSG Web site, Motorola now essentially supports the PRSG position regarding leaving MURS available for personal and family use, but imposing certain restrictions intended to retain the "small footprint" characteristic of this service.
Motorola favors the imposition of further restrictions, including prohibiting all but voice communications, and eventually requiring the use of FRS-type non-detachable antennas.
Motorola agrees with the PRSG position restricting interconnection with the PSTN (public switched telephone network), and now also prohibiting the use of MURS frequencies as the input or output of repeaters (mobile relay stations).
Motorola's stunning reversal of position on allowing personal and family communications also acknowledges that MURS is appropriate for personal communications, while seeking a delay in perhaps fuller implementation until the FCC makes certain additional frequencies available for a pool of low-power, unlicensed business use. (This is the subject of another outstanding rulemaking consideration.)
These "supplemental comments" reveal that Motorola may have been feeling some heat for its allegedly "anti-MURS" position.
Why this radical reversal of position? Probably because Motorola sees "the handwriting on the wall," and acknowledges the broad basis of support for MURS by the public! We know that Motorola staff have been closely following the discussions on the several BBSs and automated mailing lists. They must have been paying attention!
We should now thank all of those who have themselves commented to the MURS docket on the PRSG, Motorola and Easterday petitions for reconsideration. Great job, people!
This change in Motorola position is now anticipated to kick-start the FCC reconsideration process. RadioShack will probably "jump on the band wagon," and the Family Security Company will crawl back into its hole or hopefully look for other spectrum!
June 25, 2001: Still No Action on Petitions
The FCC has still taken no action in response to the three Petitions for Reconsideration (and the subsequent comments and reply comments).
On May 18, 2001, representatives of Motorola (which itself filed one of the three Petitions for Reconsideration about MURS) made an ex parte presentation to certain FCC staff members. In that presentation, Motorola expressed its continuing concern that "consumer uses" (read: personal and family communications) would result in interference to business and industrial users of the MURS frequencies.
In the meantime, MURS appears to be catching on with the general public. Equipment suitable for use on the MURS frequencies is readily available from many Web sales and auction sites, and from local consumer electronic stores (including from RadioShack, even though it filed comments opposing the use of MURS for personal and family communications).
Based on local monitoring reports, use of the MURS frequencies is increasing. We had expected other manufacturers to introduce MURS models by now. That we haven't seen these yet materialize is probably due to the continuing uncertainties about how the FCC will respond to the changes requested in the three petitions.
We still expect to see resolution of these proposed changes before the end of this Summer 2001.
January 21, 2001 (amended June 24, 2001): Comment and Reply Periods End
The periods of time for comments (and replies to those comments) on the three Petitions for Reconsideration in the MURS docket have now concluded. MURS supporters presented some excellent arguments for retention of this new personal radio service. Most also supported certain changes to the MURS rules that the PRSG requested in our own Petition.
During the regular comment and reply periods, Motorola continued to request that the name of the service be changed to the Low Power Industrial/Business Radio Service (LPIBRS), but be retained within the Citizens Band Radio Services. However, Motorola continues to request that the FCC permit only business communications on these frequencies. Alternatively, Motorola (in its Reply Comments) now wants the FCC to reallocate the MURS frequencies to Part 90, and to reinstate licensing requirements.
Motorola also requested that the FCC add two VHF frequencies (151.625 MHz and 151.955 MHz) and four UHF frequencies (467.850 MHz, 467.875 MHz, 467.900 MHz and 467.925 MHz) to this new service, citing the history of using these frequencies for similar low-power, short-range communications.
Tandy continued to recommended that a total of nine frequencies be allocated to MURS, including (beyond the five already there) 151.625 MHz, 151.700 MHz, 151.760 MHz and 151.955 MHz. But Tandy also wants operation on these frequencies to be limited just to business operations, and requests that the FCC change the name of the service to the Unlicensed Business Band Radio Service.
You can retrieve copies of the filings from the FCC's ECFS (Electronic Comments Filing System) Web site, then clicking on the "Search the ECFS System" link, and then requesting docket 98-198. You will need Adobe Acrobat Reader to view these comments.
By clicking on the following links, you can also directly view and download a copy of PRSG's Petition for Reconsideration, our comments on the other two petitions, and our reply to others' comments on the three petitions.
December 28, 2000: Instructions for Commenting on MURS Petitions
If you want to see MURS remain available for personal and family communications, it is urgent that you comment on Motorola's Petition for Reconsideration. Motorola has asked the FCC to return the MURS frequencies to business-only use. There is a very real risk that the FCC might make this change.
We have now posted further instructions and recommendations about how you can help oppose Motorola's efforts to take MURS away from the personal and family use now permitted. Click here to review this material.
December 19, 2000: MURS Comment Period Deadline Set
Today's Federal Register announces the FCC's receipt of the petitions for reconsideration in the MURS docket, and sets a deadline for others to submit comments. Others now have until Wednesday, January 3, 2001, to submit their own comments in support of or in opposition to the petitions.
Within the next week, we will post here further instructions and recommendations about how interested people should respond. In the meantime, the information below describes how to obtain your own copy of each of these petitions.
December 13, 2000: FCC Announces Receipt of Petitions for Reconsideration.
In its Public Notice 2457 published on December 11, 2000, the FCC announced receipt of several Petitions for Reconsideration in the MURS docket (98-182). When this information is published in the Federal Register (which had not yet happend as of Tuesday, December 12), the fifteen-day period will begin during which other parties may submit comments in support of or in opposition to the changes requested in these petitions.
In the meantime, you can view these Petitions for Reconsideration (and download them to your own computer) by clicking on the title links below. These Petitions are in a PDF format, and must be read with the Adobe Acrobat Reader. (Most browsers can load this free software as a "plug in.")
Once the Federal Register announces the comment period, we will post more information here about how to submit your own comments to these Petitions.
November 14, 2000: Motorola Seeks Cancellation of MURS.
Motorola has filed a Petition for Reconsideration in the MURS docket requesting that the FCC return the five frequencies just reallocated to the license-free MURS service back to the licensed Business Radio Service. If Motorola were to succeed, the five MURS frequencies would again require a license, and only persons or entities engaged in business activities would be eligible to operate on these frequencies.
The public can file comments on the Motorola Petition (part of FCC Docket 98-182). The FCC has not yet announced the deadline for filing these comments, but it will likely be late this month or early December. (We will announce the procedures and timing for filing comments here on this Web page later.)
You can obtain a copy of the Motorola Petition for Reconsideration at the FCC's Web page for its Electronic Comments Filing System (ECFS). Click here to go to that Web site, and follow the instructions. You will also need to enter the docket number ("98-182") in the first box on the following "search page."
PRSG has also petitioned the FCC to reconsider certain aspects of the new MURS Rules. Unlike the Motorola Petition, ours supports the creation of this new personal radio service, but requests that the FCC make certain additional changes regarding
PRSG seeks these rules changes in part to encourage retention of the traditional mobile-oriented nature of the five frequencies now in MURS. We believe that proliferation of base-to-base communications on these frequencies would be to the detriment of the base-to-mobile and mobile-to-mobile operations which currently typify use of these frequencies.
Click here to download an "ASCII text" copy of the PRSG petition. You can also view it (in a PDF format, which requires Adobe Acrobat Reader) at the FCC's ECFS site shown above.
November 4, 2000: Industry Opposition, An Update
Continued rumblings from industry insiders indicate that certain interests will file petitions for reconsideration, vigorously seeking to set aside entirely the MURS rulemaking action. Further, that these petitions will be followed up by concentrated in-person lobbying of FCC Commissioners and staff directly. [Money talks!]
What these interests are likely to seek is instead retention of a simplified licensing format that does not require coordination, but that would still impose (actually, retain) eligibility restrictions on licensing and use of these frequencies. (LMCC [Land Mobile Commuications Council] had earlier petitioned the FCC for this kind of action.)
As of this date, the FCC has not yet acknowledged any petitions for reconsideration or stay in this docket, at least as pertain to MURS specifically. If these interests opposed to MURS want to prevent the service from coming into existence altogether, it would have seemed that they would attempt to secure a delay (a "stay") of the date of implementation. That apparently has not happened (so far).
What this now suggests is that effective a week from this coming Monday (on November 13, 2000), MURS will become fully authorized, but that the FCC will be pressured to revoke these operating privileges at some later date.
Ironically, the limited information now available seems to suggest that these attempts to reverse the FCC's direction on creating this new CB service will ignore the fact that current marketing practices (suggesting the suitability of radios on these frequencies for sporting and recreational activities) have already created a sizeable group of users that would be ineligible even for the simplified licensing that LMCC proposed.
In other words, these petitions will ignore the fundamental issue raised by the FCC in its proposal: How or why should these frequencies continue to be licensed?
With only a little more than a week before the deadline for these petitions, the situation should "heat up" here shortly.
October 24, 2000: Industry Opposition to MURS Grows
Industry rumblings of dissatisfaction with the FCC's handling of the MURS docket continue. Certain industry interests are likely to file one or more "petitions for reconsideration" seeking to substantially limit or even to eliminate altogether citizens' access to MURS frequencies for non-business purposes.
Ironically, we expect that some communications industry interests that had previously supported MURS now to oppose it, indeed to try to prevent it from becoming an unlicenssed CB-type service altogether.
The FCC requires that these "petitions for reconsideration" be filed within 30 days of publication of the Report and Order in the Federal Register. The FR published the MURS R&O on October 13, 2000.
After these petitions for reconsideration are filed, other parties will have 15 days from the FCC's published acknowledgement of receipt of those petitions to file their own comments in support of or opposition to those petitions.
PRSG will give immediate publicity to these petitions for reconsideration. We will also have some suggestions for those who may wish to file their own petitions, or their own comments supporting or opposing others' petitions.
The original petitioners will then have 10 days after the close of that 15-day "comment period" to reply to those comments in support of or opposition to the original petition(s).
Traditionally, petitions for reconsideration are filed only at or just before the close of the permissible 30-day deadline. However, in this case we may actually see those petitions filed sooner. This is because those interests opposed to the new MURS service may want to prevent it from ever coming into existence.
To delay implementation of the new MURS service and rules (now scheduled to go into effect on November 13, 2000), MURS opponents will need to file "petitions for stay" of effect of the new rules. Without the FCC grant of a "stay" before implementation of the new rules, those rules will automatically go into effect as scheduled.
How successful are such petitions for reconsideration and stay? Normally, not all that successful. The FCC requires that petitioners meet certain rigorous criteria (such as presenting substantially new information not previously considered, or changed since the last opportunity for public comment; etc.) to qualify for FCC consideration.
In the case of MURS, we may see an exception. If the heaviest of the industry "heavy weights" come in strong (with all their high-powered law firms and highly paid lobbyists), the FCC just might indeed "buckle under" and withdraw the entire MURS docket action.
If that were to happen, where would MURS be? In the tank. Or, at least, on indefinite hold.
Industry dissatisfaction with MURS seems to be based on two specific factors:
1: MURS is a new "CB-type" service, with open user eligibility and widely diversified uses.
But this is exactly what the FCC proposed in the original docket (two years ago this month).
Was the industry "asleep at the wheel" when the FCC proposed this to be a new CB service?
To answer our own question: Yes, someone was sleeping. Although the original NPRM ("Notice of Proposed Rule Making") did specifically say that the new service would be a new Citizens Band service, the parties that submitted comments thought it would be called something like (or implying) "Unlicensed Business Radio Service." Perhaps those interests even thought that the FCC would attempt to limit user or usage eligibility, even though it might be a Citizens Band service.
Well, the FCC (as demonstrated by the MURS rules themselves, which specifically authorize personal use as well as business use) decided otherwise.
2: In the final rules just recently published, the FCC eliminated nearly all restrictions on the use of the MURS frequencies.
The FCC did retain restrictions on maximum transmitter power (now confusingly specified in ERP instead of output power) and the signal bandwidth. However, the FCC did not carry over the existing applicable Part 90 restrictions on PSTN interconnection, on antenna height, and on using these frequencies for repeater operation.
Without these latter restrictions, this permits creating an operating environment in which new users (with their expanded uses) could have a substantial and negative impact on existing uses and users.
We live "in interesting times." (Remember that ancient Chinese curse?)
This is going to be an exciting next few months. The "smart money" would say: "Don't go out and spend a bundle on MURS hardware just yet."