[Federal Register Volume 60, Number 131 (Monday, July 10, 1995)]
[Rules and Regulations]
[Pages 35507-35512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16639]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 63, 80 and 90
[FR Docket No. 92-257, FCC 95-178]
Maritime Communications
agency: Federal Communications Commission.
action: Final rule.
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summary: The Commission has adopted a First Report and Order which
provides an economically competitive and spectrally efficient maritime
regulatory environment. Specifically, the Commission adopts amendments
to its rules to reclassify international public coast stations as non-
dominant common carriers, and allow certain private land mobile
services that meet interference protection criteria to operate on
public correspondence channels within the marine VHF band. These
amendments were necessary in order to subject international public
coast stations to a less burdensome regulatory scheme concerning tariff
and closure procedures and to provide relief from private land mobile
congestion within the VHF band.
[[Page 35508]]
effective date: August 9, 1995.
for further information contact: Roger S. Noel of the Wireless
Telecommunications Bureau at (202) 418-0680.
supplementary information: This is a summary of the Commission's First
Report and Order, adopted April 26, 1995, and released May 26, 1995.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 239,
1919 M Street, NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street, NW., Suite 140, Washington, DC 20037.
Summary of First Report and Order
1. In this action, the Commission makes two distinct changes to the
rules. First, the Commission reclassifies international public coast
stations as non-dominant common carriers. Public coast stations provide
common carrier telecommunications service to ship stations, including
telephony, telegraphy, data and facsimile services. Because there is
significant competition in the marine radio public correspondence
market and substitutability of service from cellular and satellite-
based services, public coast stations do not possess market power.
Therefore, the Commission reclassifies public coast stations as non-
dominant in order to subject them to a less burdensome regulatory
scheme concerning tariff and closure procedures.
2. Second, the Commission amends the maritime and private land
mobile service rules to permit certain land mobile licensees, those
eligible under the industrial and land transportation radio service
rules, to share marine VHF public correspondence frequencies on a
primary basis far from navigable waterways and existing public coast
stations. Similarly, sharing will be permitted on a secondary, non-
interference basis when the land mobile applicant is located near a
navigable waterway, but is far from VHF public coast stations. The
Commission currently permits sharing between the maritime and private
land mobile service on a case-by-case basis. Based on this experience,
the Commission adopts inter-service sharing to increase spectrum
efficiency without causing harmful interference to VHF public coast
stations. The rules below set forth the minimum distance required from
navigable waterways and existing public coast stations.
3. The rules are set forth at the end of this document.
4. The rules contained herein have been analyzed with respect to
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and found
to contain no new or modified form, information collection, and/or
recordkeeping, labeling, disclosure, or record retention requirements
and will not increase or decrease burden hours imposed on the public.
5. This First Report and Order is issued under the authority of
sections 4(i) and 303(r) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i) and 303(r).
Final Regulatory Flexibility Analysis
Reason for Action
The Commission (1) reclassifies VHF public coast stations as non-
dominant common carriers, thereby subjecting them to a streamlined
regulatory scheme, and (2) authorizes inter-service sharing of certain
maritime frequencies in order to reduce private land mobile service
frequency congestion in certain geographical areas.
Objectives
We seek to increase efficiency in these radio services and within
the commission by (1) streamlining the tariff filing and closure
reporting requirements for VHF public coast stations, and (2)
authorizing sharing of frequencies between the land mobile and marine
radio services. Such changes should reduce unnecessary burdens on the
public and administrative costs to the Commission.
Legal Basis
This action is authorized under sections 4(i) and 303(r) of the
Communications Act, 47 U.S.C. 154(i) and 303(r).
Reporting, Recordkeeping and Other Compliance Requirements
VHF coast stations will be subject to the streamlined regulatory
scheme for non-dominant common carriers.
Federal Rules Which Overlap, Duplicate or Conflict With These Rules
None.
Description, Potential Impact, and Small Entities Involved
The rule amendments pertaining to the inter-service sharing of land
mobile and marine radio service frequencies will increase spectrum
efficiency and reduce congestion in certain areas of the country.
Because coast stations are not typically owned by small businesses, the
reclassification of such carriers as non-dominant will not have a
significant impact on a substantial number of small businesses. The
reclassification, however, will eliminate for coast stations the
regulatory burden of compliance with the tariff and closure
requirements that currently apply to dominant common carriers.
Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent With the Stated Objectives
None.
List of Subjects
47 CFR Part 2
Radio.
47 CFR Part 63
Communications common carriers.
47 CFR Part 80
Marine safety, Radio.
47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Chapter I of Title 47 of the Code of Federal Regulations, parts 2,
63, 80, and 90 are amended as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: Secs. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. sections 154, 154(i), 302, 303,
303(r), and 307 unless otherwise noted.
2. Section 2.106 is amended by adding land mobile allocations to
the United States table, non-government section (column 5) and FCC use
designators section (column 6), in the 157.1875-157.45 MHz and 161.775-
162.0125 MHz bands and adding one nongovernment footnote, to read as
follows:
Sec. 2.106 Table of frequency allocations.
[[Page 35509]]
International table United States table FCC use
------------------------------------------------------------------------------------------------------------------------------------------ designators
Government Non-Government --------------
Region 1- Region 2- Region 3- ----------------------------------------------------
allocation MHz allocation MHz allocation MHz Allocation Rule Part(s) Special-use
MHz Allocation MHz frequencies
(1) (2) (3) (4) (5)................................ (6)............................... (7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
* * * * * * * * * * * * 157.1875-157.45.................... MARITIME (80)..................... * * *
MARITIME MOBILE PRIVATE LAND .............
MOBILE (90).
LAND MOBILE ............... .............
613 ............... ...............
US223 US266 ............... .............
NG111 NG154 ............... .............
* * * * * * *
* * * * * * * * * * * * 161.775-162.0125................... DOMESTIC PUBLIC LAND MOBILE (22).. .............
MARITIME MOBILE MARITIME (80) .............
613 US266 PRIVATE LAND .............
MOBILE (90).
NG6 NG154 ............... .............
* * * * * * *
NON-GOVERNMENT (NG) FOOTNOTES
* * * * *
NG154 The 157.1875-157.45 MHz and 161.775-162.0125 MHz bands are also
allocated to the land mobile service for assignment to stations as
described in Part 90 of this chapter.
* * * * *
PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE
AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF
RECOGNIZED PRIVATE OPERATING AGENCY
1. The authority citation for part 63 continues to read as follows:
Authority: Sec. 4, 48, Stat. 1066, as amended 47 U.S.C. 154.
Interpret or apply sec. 214, 48 Stat. 1075, as amended; 47 U.S.C.
214.
2. Section 63.62 is amended by revising the introductory paragraph,
removing paragraph (e) and redesignating paragraphs (f) and (g) as (e)
and (f) respectively to read as follows:
[[Page 35510]]
Sec. 63.62 Type of discontinuance, reduction, or impairment of
telephone or telegraph service requiring formal application.
Authority for the following types of discontinuance, reduction, or
impairment of service shall be requested by formal application
containing the information required by the Commission in the
appropriate sections to this part, except as provided in paragraph (c)
of this section, or in emergency cases (as defined in Sec. 63.60(b)) as
provided in Sec. 63.63:
* * * * *
Secs. 63.64, 63.69 and 63.70 [Removed]
3. Sections 63.64, 63,69 and 63.70 are removed.
4. Section 63.90 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 63.90 Publication and posting of notices.
(a) Immediately upon the filing of an application or informal
request (except a request under Sec. 63.71) for authority to close or
otherwise discontinue the operation, or reduce the hours of service at
a telephone exchange (except an exchange located at a military
establishment), the applicant shall post a public notice at least 51 cm
by 61 cm (20 inches by 24 inches), with letter of commensurate size, in
a conspicuous place in the exchange affected, and also in the window of
any such exchange having window space fronting on a public street at
street level. Such notice shall be posted at least 14 days and shall
contain the following information, as may be applicable:
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
2. Section 80.5 is amended by adding the definition of ``navigable
waters'' in alphabetical order to read as follows:
Sec. 80.5 Definitions.
* * * * *
Navigable waters. This term, as used in reference to waters of the
United States, its territories and possessions, means the waters
shoreward of the baseline of its territorial sea and internal waters as
contained in 33 CFR 2.05-25.
* * * * *
3. Section 80.371 (c) is amended by adding Footnote 4 to the table
heading to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) * * *
Working Carrier Frequency Pairs in the 156-162 MHz Band 1,4
* * * * *
\4\ Except for the frequency pair 157.425/162.025 MHz, these
frequencies may be shared with stations in the private land mobile
radio service, within the 48 contiguous states, under the terms of
operation described in Sec. 90.283 of this chapter.
* * * * *
4. In Sec. 80.373(f), the table is amended by redesignating
Footnotes 14 and 15 as Footnotes 15 and 16 respectively in the entries
for channels 09 and 70, to read as follows:
Sec. 80.373 Private communications frequencies.
* * * * *
(f) * * *
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Frequencies in the 156-162 MHz Band
-------------------------------------------------------------------------
Carrier frequency
(MHz) Points of communication
Channel designator ------------------------ (between coast and ship
Ship Coast unless otherwise
transmit transmit indicated)
------------------------------------------------------------------------
* * * *
* * *
Digital Selective Calling
------------------------------------------------------------------------
70 \15\................ 156.525 156.525 .......................
Noncommercial
------------------------------------------------------------------------
* * * *
* * *
09 \16\................ 156.450 156.450 .......................
* * * *
* * *
------------------------------------------------------------------------
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for part 90 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303 and 332, unless otherwise noted.
2. Section 90.7 is amended by adding the definition for ``navigable
waters'' in alphabetical order to read as follows:
Sec. 90.7 Definitions.
* * * * *
Navigable waters. This term, as used in reference to waters of the
United States, its territories and possessions, means the waters
shoreward of the baseline of its territorial sea and internal waters as
contained in 33 CFR 2.05-25.
3. A new Sec. 90.283 is added to subpart K to read as follows:
Sec. 90.283 Inter-service sharing of maritime frequencies in the 156-
162 MHz band.
(a) The following frequency pairs may be assigned to any station
eligible for licensing in the Industrial and Land Transportation Radio
Services (subparts D and E of this part excluding Sec. 90.75) for
duplex operation within the 48 contiguous states in accordance with the
rules of their individual services, the conditions set forth in this
section, and the CANADA/U.S.A. channeling agreement for VHF maritime
public correspondence found in Sec. 80.57 of this chapter.
[[Page 35511]]
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Frequency (MHz)
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Base
Mobile station transmit station
transmit
------------------------------------------------------------------------
157.200...................................................... 161.800
157.225...................................................... 161.825
157.250...................................................... 161.850
157.275...................................................... 161.875
157.300...................................................... 161.900
157.325...................................................... 161.925
157.350...................................................... 161.950
157.375...................................................... 161.975
157.400...................................................... 162.000
------------------------------------------------------------------------
(b) Assignment will be made only when VHF frequencies available for
assignment under this Part are unavailable due to congestion, as
determined by a certified private land mobile frequency coordinator.
Applicants must provide evidence of frequency coordination in
accordance with Sec. 90.175.
(c) Station power, as measured at the output terminals of the
transmitter, must not exceed 50 watts for base stations and 20 watts
for mobile stations. Antenna height (HAAT) must not exceed 122 meters
(400 feet) for base stations and 4.5 meters (15 feet) for mobile
stations. Such base and mobile stations must not be operated on board
aircraft in flight.
(d) The following table, along with the antenna height (HAAT) and
power (ERP), must be used to determine the minimum separation required
between proposed base stations and each of the following:
(1) Co-channel public coast stations licensed under part 80 of this
chapter,
(2) The coastline of any navigable waterway,
(3) Grandfathered public safety licensees operating on 157.35 MHz
or 161.85 MHz. Applicants whose exact ERP or HAAT are not reflected in
the table must use the next highest figure shown.
Required Separation in Kilometers (Miles) of Base Station From
Coastlines/Public Coast Stations
------------------------------------------------------------------------
Base Station Characteristics
-------------------------------------------------------------------------
HAAT ERP (watts)
------------------------------------------------------------------------
Meters (feet) 400 300 200 100 50
------------------------------------------------------------------------
15 (50).......... 138 (86) 135 (84) 129 (80) 121 (75) 116 (72)
30 (100)......... 154 (96) 151 (94) 145 (90) 137 (85) 130 (81)
61 (200)......... 166 (103) 167 (104) 161 (100) 153 (95) 145 (90)
122 (400)........ 187 (116) 177 (110) 183 (114) 169 (105) 159 (99)
------------------------------------------------------------------------
(e) In the event of interference, the Commission may require,
without a hearing, licensees of base stations authorized under this
section that are located within 241 kilometers (150 miles) of an
existing, co-channel public coast station, grandfathered co-channel
public safety station or an international border to reduce radiated
power, decrease antenna height, and/or install directional antennas.
Mobile stations must operate only within radio range of their
associated base station.
(f) Individual waiver requests to operate on a secondary, non-
interference, basis will be considered in cases where the applicant's
base station satisfies the requirements of paragraphs (d) (1) and (3)
of this section but does not satisfy the requirements of paragraph
(d)(2) of this section. All waiver requests must be submitted in
accordance with Sec. 1.931 of the chapter. Such secondary operations
must cease immediately upon notification by the Commission that the
station is causing interference to maritime operations.
4. Section 90.555 is amended by revising two of the service titles
in paragraph (a) and by adding eighteen new frequencies entries in
numerical order in paragraph (b) to read as follows:
Sec. 90.555 Combined frequency listing.
(a) * * *
Industrial Services (I)
* * * * *
Land Transportation Services (LT)
* * * * *
(b) * * *
------------------------------------------------------------------------
Frequency Services Special Limitations
------------------------------------------------------------------------
157.200................ I,LT................... See Sec. 90.283
157.225................ ......do............... Do.
157.250................ ......do............... Do.
157.275................ ......do............... Do.
157.300................ ......do............... Do.
157.325................ ......do............... Do.
157.350................ ......do............... Do.
157.375................ ......do............... Do.
157.400................ ......do............... Do.
* * * * *
161.800................ I,LT................... See Sec. 90.283
161.825................ ......do............... Do.
161.850................ ......do............... Do.
161.875................ ......do............... Do.
161.900................ ......do............... Do.
161.925................ ......do............... Do.
161.950................ ......do............... Do.
161.975................ ......do............... Do.
162.000................ ......do............... Do.
* * * * *
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[[Page 35512]]
[FR Doc. 95-16639 Filed 7-7-95; 8:45 am]
BILLING CODE 6712-01-M