ZO5WDC-A109Maritime Survivor Locating Device (MSLD)

16714/PLB-MSLD CORR: 2018-3611 April 2, 2019 Mr. Felix Metzenthin Marine Rescue Technologies, Inc. 1623 US Highway 1, Suite A-1 Sebastian, FL 32958 Subj: MSLD COMPLIANCE; WEATHERDOCK AG EASYONE Ref: (a) TUV-SUD Doc. 70464-37519-01 (Ed. 1), Weatherdock AG Germany, w/AIS, dated 6 March 2014 We have reviewed the materials submitted with your email dated Feb 11, 2019, and Ms. Sascha Hönig’s email dated Sep 9, 2018, including reference (a), for the subject marine survivor locating device (MSLD), Weatherdock AG easyONE MSLD, with AIS and GPS capability. The TUV SUD report, reference (a), indicates compliance with the applicable requirements of 47 CFR Part 95 and RTCM Standard 11901.1 as an alerting unit. Based on the information provided in reference (a), we concur with the report’s findings of compliance and have no objection to continuing the process for acceptance with the U.S. Federal Communications Commission (FCC), as applicable. This equipment is not subject to U.S. Coast Guard approval per Title 46 U.S. Code of Federal Regulations (CFR) subpart 159. It should not be marketed as having received U.S. Coast Guard approval. This letter was delivered electronically to [email protected]. No hard copies will be provided. You are welcome to print as many copies as you wish. If you have any follow-up to this letter, please contact Marty Jackson via [email protected]. Please reference ID#: 2018- 3611 in any correspondence related to this project. Sincerely, B. A. BALDWIN Chief, Lifesaving and Fire Safety Division U.S. Coast Guard By direction Copy: FCC Mr. Scot Stone via email [email protected] Commandant United States Coast Guard U.S. Coast Guard (CG-ENG-4) U.S. Coast Guard Stop 7509 2703 Martin Luther King Jr. Ave SE Washington, DC 20593-7509 Phone: (202) 372-1391 E-mail: [email protected] www.dco.uscg.mil/CG-ENG-4

Federal Communications Commission DA 19-1251 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WEATHERDOCK AG Request for Waiver to Permit Equipment Authorization and Use of a Maritime Survivor Locating Device with Open Loop Alerting ) ) ) ) ) ) ) WT Docket No. 19-281 ORDER Adopted: December 9, 2019 Released: December 10, 2019 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. This Order grants a request filed by Weatherdock AG (Weatherdock) for waiver of the Commission’s rules to permit the equipment authorization and use of its easyONE Maritime Survivor Locating Device (MSLD) that incorporates open loop alerting in compliance with the most recent Radio Technical Commission for Maritime Services (RTCM) standard. 1 2. Background. An MSLD is a small portable transmitter that is intended to aid in the location of persons in the water. 2 MSLDs can be worn on or as part of a garment or life jacket, and are intended to facilitate the rescue of persons in the vicinity of their vessel or structure so that immediate assistance can be rendered without a time-consuming and expensive search and rescue operation. 3 MSLDs may operate in “closed loop” or “open loop” mode; a closed loop alert is received only on a device monitored by personnel at the MSLD wearer’s vessel (or fleet of vessels) or facility, while open loop operation allows alerts to be heard by all vessels in the vicinity equipped with Digital Selective Calling (DSC) equipment. 3. MSLDs must conform to the version of RTCM Standard 11901 that is incorporated by reference in the Commission’s rules. 4 The version of the RTCM MSLD standard incorporated by reference in the Commission’s rules requires the device to begin in closed loop mode, and it does not permit open loop alerting unless the closed loop DSC alert is not acknowledged for five minutes. In the time since the Commission adopted its rule, however, RTCM revised the standard to eliminate the required delay in open loop alerting. 5 1 See Request by Weatherdock AG for Waiver of the Commission’s Rules (dated June 18, 2019). 2 47 CFR § 95.2903. 3 See Amendment of the Commission’s Rules Regarding Maritime Radio Equipment and Related Matters et al., Report and Order, 31 FCC Rcd 10300, 10307, para. 18 (2016). 4 RTCM Standard 11901.1 for Maritime Survivor Locating Devices (MSLD), dated June 4, 2012; see 47 CFR § 95.2989(b)(1)(ii). 5 See RTCM Standard 11901.1 with Amendment 1 for Maritime Survivor Locating Devices (MSLD), dated May 2, 2014. The current version of RTCM Standard 11901.1 is dated February 5, 2015. Federal Communications Commission DA 19-1251 2 4. Weatherdock believes that MSLDs designed to the new RTCM standard will enhance the ability to locate persons in distress, and already offers the easyONE with open loop alerting for sale abroad. Consequently, Weatherdock seeks a waiver to permit equipment certification and use of MSLDs with open loop operation pursuant to the revised RTCM standard. 6 Weatherdock submitted with its waiver request a letter from the United States Coast Guard concluding that the easyONE complies with the applicable requirements of RTCM Standard 11901 and stating that the Coast Guard does not object to equipment authorization and use of the device. 7 5. RTCM also has filed a petition for rulemaking requesting that the revised standard be incorporated into the rules. 8 Commenters support the petition. 9 That proceeding remains pending. 6. Discussion. Section 1.925 of the Commission's rules provides that we may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and grant of the requested waiver would be in the public interest; or (b) in light of unique or unusual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. 10 We conclude that the waiver request meets the first prong of the waiver standard. 7. Weatherdock’s proposed MSLD offers improved identification and location of persons in distress over current MSLDs. We agree with Weatherdock that application of the rules in this instance would frustrate their underlying purpose – promoting public safety – and that a waiver would serve the public interest because use of an MSLD with open loop alerting will facilitate recovery of lost mariners and other persons in distress. 11 We therefore grant Weatherdock's request for a waiver to permit the equipment authorization, marketing, and use of an MSLD with open loop alerting, pending resolution of RTCM’s rulemaking petition. 12 8. Weatherdock must reference this Order when applying for FCC equipment certification. The request for equipment certification shall be submitted in writing to a Telecommunication 6 The Wireless Telecommunications Bureau sought comment on the waiver request on October 3, 2019. See Wireless Telecommunications Bureau Seeks Comment on Weatherdock AG Request for Limited Waiver to Permit Equipment Authorization and Use of Maritime Survivor Locating Device with Open Loop Alerting, Public Notice, DA 19-996 (WTB MD Oct. 3, 2019). No comments were filed. 7 See Letter from B.A. Baldwin, Chief, Lifesaving and Fire Safety Division, U.S. Coast Guard, to Felix Metzenthin, Marine Rescue Technologies, Inc (Apr. 2, 2019). 8 Petition of the Radio Technical Commission for Maritime Services for Rulemaking, RM-11813 (filed Aug. 20, 2018), https://www.fcc.gov/ecfs/filing/1081900919860. 9 Public notice was provided on August 23, 2018. See Consumer and Governmental Affairs Bureau Reference Information Center Petition for Rulemakings Filed, Public Notice, Report No. 3100 (Aug. 23, 2018). 10 47 CFR § 1.925(b)(3); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). 11 See Marine Rescue Technologies Limited, Order, 28 FCC Rcd 12194, 12195, para. 6 (WTB MD 2013) (gra…

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Weatherdock AG | Emmericher Strasse 17 | D-90411 Nürnberg Nürnberg, 18. Jun. 2019 Federal Communication Comission Weatherdock AG 1270 Fairfield Rd Emmericher Strasse 15 Gettysburg, PA 17325-7245 90411 Nuremberg United States of America Germany Attn: Daniel McCleary WAIVER – EXPEDITED ACTION REQUESTED Request to waiver of Rules 47 CFR sections 1.925(b)(2) and (3) for MSLD „EasyONE“ Dear Sir, Weatherdock AG (FRN : 0020869210) hereby requests a waiver of Rules 47 CFR sections 1.925(b)(2) and (3) of the Federal Communicions Commission ́s to permit usage and distribution of the marine survivor locating device „easyONE“. The easyONE is an AIS-MOB MSLD device which can easily be integrated to any lifevest and is therefore ideal for upgrading existing lifevests with a MSLD. Background: We have been instructed by email dated May 13th 2019 from Tim Maguire, Wireless Telecommunication Bureau, Federal Communication Commission to apply for a waiver, if the device complies to a later version of the standard 11901.1, Amendment 1 dated May 2, 2014, which is the case. The conformity to the rules and standards has been certified by TUV SUD Oc. 70464- 37519-01 (Ed. 1) on 6th March 2014 and the compliance to requirements 47 CFR Part 95 and RTCM Standard 11901.1 as an alerting unit has been stated by USCG, document 16714/PLB-MSLD, reference ID#:2018-3611 on 2nd April 2019. In this document, USCG states also to have no objection to continuing the process for acceptance with the U.S. Federal Communications Commission. Therefore we request that the Commission waive its rules 47 CFR sections 1.925(b)(2) and (3) to permit usage and distribution of the MSLD device „easyONE“. Please find our REMITTANCE ADVICE Form 159 enclosed Yours faithfully i.V. Felix Metzenthin Director Sales