[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43713-43716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17665]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 80, and 90

[WT Docket No. 99-332; FCC 00-220]


Frequency 156.250 MHz Available for Port Operations Purposes in 
Los Angeles and Long Beach, CA Ports

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to designate 
marine VHF Channel 05A for port operations communications in Los 
Angeles and Long Beach, California ports. The effect of this rule is 
that it will foster reliable marine communications and increase safe 
vessel transit in the ports. The action will allow the LA/LB Pilots to 
manage vessel traffic in that area more efficiently and protect the 
marine environment by preventing collisions and groundings.

EFFECTIVE DATE: August 14, 2000.

FOR FURTHER INFORMATION CONTACT: James Shaffer, Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION:   
    1. This is a summary of the Commission's Report and Order (R&O) FCC 
00-220, adopted on June 15, 2000, and released on June 20, 2000. The 
full text of this R&O is available for inspection and copying during 
normal business hours in the FCC Reference Center, Room CY A257, 445 
12th Street, S.W., Washington, D.C. The complete text may be purchased 
from the Commission's copy contractor, International Transcription 
Service, Inc., 1231 20th Street, N.W. Washington, D.C. 20037.

Summary of Report and Order

    2. By letter the Los Angeles and Long Beach Port Pilots (jointly, 
LA/LB Pilots) request the assignment of an intership

[[Page 43714]]

marine VHF channel dedicated to port operations (namely, pilot-tug 
communications) in the Ports of Los Angeles and Long Beach, California. 
They note that marine VHF Channels 01A (156.050 MHz), 05A (156.250 
MHz), and 63A (156.175 MHz) are currently used for U.S. Coast Guard 
(Coast Guard) designated Vessel Traffic Service (VTS) systems in 
defined areas of the United States. The LA/LB Pilots recommend that the 
Commission designate one of these for intership communications 
regarding port operations to improve vessel traffic safety in the Los 
Angeles and Long Beach port area.
    3. Based on the record in this proceeding, we conclude that 
designating 156.250 MHz for intership communications related to port 
operations for the ports of Los Angeles and Long Beach, CA will allow 
the Marine Exchange of Los Angeles-Long Beach Harbor, Inc. to manage 
vessel traffic in those areas more efficiently. Further this action 
will help protect the marine environment by preventing vessel 
collisions and groundings. Therefore, we are amending Sec. 80.373(f) of 
the Commission's Rules to indicate that frequency 156.250 MHz (marine 
VHF Channel 05A) is available only for intership communications related 
to port operations within the Los Angeles and Long Beach harbor areas. 
The radio protection area will be defined as ``within a 25-nautical 
mile radius of Point Fermin, California.''
    4. In light of our action designating 156.250 MHz for intership 
communications related to port operations for the ports of Los Angeles 
and Long Beach, CA, we will lift the current freeze imposed on 
licensing the Public Safety Pool frequencies of 156.240 and 156.2475 
MHz within 100 miles of the geographic center of Los Angeles. The 
freeze will be lifted as of the date of the release of this R&O. In 
addition, we are adopting our proposal to make assignments on these 
Public Safety Pool frequencies within 100 miles of the geographic 
center of Los Angeles, CA secondary to marine port operations on 
156.250 MHz. By secondary, we mean that radio communications from 
licensees on the Public Safety Pool frequencies 156.240 and 156.2475 
MHz may not cause interference to marine port operations on 156.250 MHz 
and licensees on the Public Safety Pool frequencies are not protected 
from interference from marine port operations on 156.250 MHz.
    5. Finally, we amend 47 CFR 0.331 of the Commission's Rules to 
authorize the Chief, WTB to amend the maritime service rules at the 
request of the Coast Guard to indicate that the use of marine VHF 
private communications frequencies in defined port areas are available 
for intership communications related to such port operations in order 
to alleviate the communications congestion related to such port 
operations.
    6. We do not envision or anticipate that allowing the Chief, WTB at 
the request of the Coast Guard to amend the frequency table in 47 CFR 
80.373(f) and make marine VHF frequencies available for intership port 
operations communications in defined port areas will impact those 
licenses sold in Auction No. 20, VHF Public Coast (VPC) Service. The 
forty-two licenses that were auctioned involved the nine channels 
(``working frequencies'') in the 157.1875-157.4500 MHz (ship transmit) 
and 161.775-162.0125 MHz (coast transmit) bands assignable to VHF 
public coast stations for public correspondence. These auctioned 
frequencies are assigned for radiotelephone working frequencies and are 
assignable to ship and public coast stations. The frequencies in 47 CFR 
80.373(f) are for private communications and are assignable for ship-
to-ship and ship-to-coast private communications and are below the 
frequency range of the auctioned public correspondence frequencies. 
Therefore the auctioned public correspondence frequencies will not be 
considered for intership port operations.
    7. Overall, we believe the approach outlined above will allow the 
Commission to expedite Coast Guard requests, which will promote 
increased safe vessel transit and protect U.S. waters and associated 
natural resources from environmental harm.
    8. Accordingly, we adopt rules: to amend Sec. 80.373(f) of the 
Commission's Rules to indicate that frequency 156.250 MHz (marine VHF 
Channel 05A) is available only for intership communications related to 
port operations within the Los Angeles and Long Beach harbor areas (The 
radio protection area for these harbors will be defined as ``within a 
25-nautical mile radius of Point Fermin, California''); to amend 
Sec. 90.20(c) of the Commission's Rules to indicate that assignments on 
public safety pool frequencies of 156.240 and 156.2475 MHz within 100 
miles of the geographic center of Los Angeles are secondary to marine 
port operations on 156.250 MHz; and to amend Sec. 0.331 of the 
Commission's Rules to authorize the Chief, Wireless Telecommunications 
Bureau to amend the maritime service rules at the request of the Coast 
Guard to indicate that the use of marine VHF private communications 
frequencies in defined port areas are available for intership 
communications related to port operations. We conclude that adoption of 
these rule changes will allow the vessel traffic in the congested areas 
of the Los Angeles and Long Beach harbors to be managed more 
efficiently and will protect the marine environment by preventing 
vessel collisions and groundings.

Final Regulatory Flexibility Analysis (FRFA)

    9. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rulemaking (NPRM) prepared in this proceeding. The 
Commission sought written public comment on the proposals in the NPRM, 
including comments on the IRFA. This present FRFA conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    10. In this proceeding, we amend parts 0, 80 and 90 of the 
Commission's Rules to indicate that frequency 156.250 MHz (marine VHF 
Channel 05A) is available for intership communications related to port 
operations within the Los Angeles and Long Beach harbor areas. The 
adopted rules will promote safe vessel transit and protect U.S. waters 
and associated natural resources from environmental harm.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    11. No comments were submitted specifically in response to the 
IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Adopted Rules Will Apply

    12. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently

[[Page 43715]]

owned and operated and is not dominant in its field. The adopted rules 
would apply to small businesses in the marine radio services that use a 
marine VHF radio. According to SBA's regulations, a radiotelephone 
(wireless) must employ no more than 1,500 persons less in order to 
qualify as a small business concern. According to the Bureau of the 
Census, only twelve radiotelephone firms out of a total of 1,178 such 
firms which operated during 1992 had 1,000 or more employees.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    13. There are no reporting, recordkeeping and other compliance 
requirements proposed.

E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    14. By making frequency spectrum available, the adopted rules will 
have a beneficial economic impact on small business entities that use 
the frequency 156.250 for intership communications related to port 
operations within the Los Angeles and Long Beach harbor areas. This 
flexible approach allows the vessel pilots to manage vessel traffic in 
the Los Angeles and Long Beach harbor areas more efficiently and 
protect the marine environment by preventing vessel collisions and 
groundings. Currently under the rules frequency 156.250 MHz is 
similarly made available to maritime mobile and was made available for 
port operations purposes within the Coast Guard designated Houston and 
New Orleans, and Seattle Vessel Traffic Service (VTS) systems. The 
alternative in this context--to retain the allocation for maritime 
mobile in the two ports--would not assist the maritime community in the 
way expected, including the small entities affected. We believe that 
the adopted rules are sufficient to alleviate the communications 
congestion related to port operations in the Los Angeles and Long Beach 
harbor areas. This decision benefits small entities and seeks to ensure 
reliable marine communications, increase safe vessel transit to protect 
U.S. waters and associated natural resources from environmental harm, 
and increase port efficiency thereby promoting growth within the 
shipping community.
    Report to Congress: The Commission will send a copy of the R&O, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1996, see 5 
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
the R&O, including FRFA to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the R&O and FRFA (or summaries 
thereof) will also be published in the Federal Register. See 5 U.S.C. 
604(b).

Ordering Clauses

    15. Pursuant to the authority of Sec. 4(i), 303(r), and 332(a)(2) 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303(r), 332(a)(2), parts 0, 80 and 90 of the Commission's Rules, are 
amended as set forth.
    16. The rule changes will become effective August 14, 2000.
    17. The Commission's Reference Information Center, Consumer 
Information Bureau, SHALL SEND a copy of this R&O, WT Docket No. 99-
332, including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    18. Pursuant to Section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), that this proceeding is terminated.

List of Subjects

47 CFR Part 0

    Administrative practice and procedure.

47 CFR Part 80

    Communications equipment, marine safety.

47 CFR Part 90

    Communications equipment.


Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Final Rules

    For reasons discussed in the preamble, Title 47 of the Code of 
Federal Regulations, parts 0, 80 and 90, are proposed to be amended as 
follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.


    2. Section 0.331 is amended by adding new paragraph (d)(3) to read 
as follows:


Sec. 0.331  Authority delegated.

* * * * *
    (d) * * *
    (3) Designate by footnote to frequency table in Sec. 80.373(f) of 
this chapter marine VHF frequencies are available for intership port 
operations communications in defined port areas.

PART 80--STATIONS IN THE MARITIME SERVICES

    3. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307 (e), 309 and 322, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307 (e), 309 and 322 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.


    4. In Sec. 80.373 (f), footnote 2 to the table is revised as 
follows:


Sec. 80.373  Private communications frequencies.

* * * * *
    \2\ 156.250 MHz is available for port operations communications use 
only within the U.S. Coast Guard designated VTS radio protection areas 
of New Orleans and Houston described in Sec. 80.383. 156.250 MHz is 
available for intership port operations communications used only within 
the area of Los Angeles and Long Beach harbors, within a 25-nautical 
mile radius of Point Fermin, California.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    5. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).


    6. Section 90.20 (c) (3) is amended by revising the entry to read 
as follows:


Sec. 90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) * * *

[[Page 43716]]



                   Public Safety Pool Frequency Table
------------------------------------------------------------------------
                        Class of
Frequency or band      station(s)        Limitations       Coordinator
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
        156.240                 do             43, 79                PH
 
*                  *                  *                  *
                   *                  *                *
------------------------------------------------------------------------

* * * * *

    7. Section 90.20(d) is amended by designating the second paragraph 
(77) as (78) and by adding paragraph (79) to read as follows:
    (d) * * *
    (79) This frequency will be secondary to marine port operations 
within 100 miles of Los Angeles (coordinates 34 deg. 03' 15" north 
latitude and 118 deg. 14' 28" west longitude).
* * * * *

[FR Doc. 00-17665 Filed 7-13-00; 8:45 am]
BILLING CODE 6712-01-P