[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Proposed Rules]
[Pages 5080-5084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2436]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[PR Docket No. 92-257; FCC 01-358]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to amend the rules 
governing very high frequency public coast (VPC) stations. The 
Commission proposes, among other things, to allow the U.S. Coast Guard 
and VPC licensees the additional flexibility to choose non-offset, as 
well as offset, channel pairs when negotiating an agreement regarding 
the specification of two narrowband channel pairs that will be used by 
the U.S. Coast Guard for its Ports and Waterways Safety System (PAWSS); 
to expand the types of emission masks and designators permissible under 
the Commission's Rules in order to allow VPC licensees to provide a 
full range of data services; to allow public coast stations to maintain 
station documents via electronic means; and to limit the posting 
requirement for VPC geographic area licensees to a document identifying 
the licensee and a representative that may be contacted to answer any 
questions regarding the operation of a particular station transmitter.

DATES: Comments are due on or before April 5, 2002, Reply Comment are 
due on or before May 6, 2002.

ADDRESSES: Parties who choose to file comments by paper must file an 
original and four copies to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, 445 
12th St., SW., Room TW-A325, Washington, DC 20554. Comments may also be 
filed using the Commission's Electronic Filing System, which can be 
accessed via the Internet at www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Keith Fickner, Policy and Rules 
Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: The Commission's Fourth Further Notice of 
Proposed Rule Making, PR Docket No. 92-257, FCC 01-358, adopted 
December 11, 2001, and released on December 28, 2001. The full text of 
this Fourth Further Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC. 
The complete text may be purchased from the Commission's copy 
contractor, Qualex International, Inc., 445 12th Street, SW., Room CY-
B402 Washington, DC 20554. The full text may also be downloaded at: 
http://www.fcc.gov/Wireless/Orders/2000/fcc01358.txt. Alternative 
formats are available to persons with disabilities by contacting Martha 
Contee at (202) 418-0260 or TTY (202) 418-2555.

Summary of the Fourth Further Notice of Proposed Rule Making

    The Commission concludes that it should not propose to amend Part 
80 by adopting from Part 90 the occupied bandwidth, emission mask and 
related regulations that govern the operation of stations that employ 
12.5 kHz narrowband channels. Its intent when it adopted the rule 
permitting offset operations without also adopting technical rules for 
narrowband operations was to maximize licensee flexibility by leaving 
such matters to the licensee's discretion, so long as emissions are 
attenuated at the edge of the licensee's contiguous 25 kHz channels.
    The Commission tentatively concludes that it should not propose to 
reallocate to VPC stations nine channel pairs in the 156.0375-156.2375 
MHz band and the 160.6375-160.8375 MHz band without first assessing the 
demand for this spectrum from Part 90 public safety eligibles.
    The Commission proposes that the channel pairs for the Ports and 
Waterways Safety System. That are negotiated between the Coast Guard 
and the VPC licensee may be either offset channel pairs on non-offset 
channel

[[Page 5081]]

pairs. The Commission believes that the parties should be able to 
specify non-offset channel pairs in addition to the currently permitted 
offset channel pairs, if it is mutually agreeable.
    The Commission proposes to expand the permissible Part 80 emission 
masks and designators. It believes that expanding the data emissions 
permissible under Part 80 is in the public interest because such an 
approach would allow VPC licensees to provide a full range of data 
services.
    The Commission proposes to allow station documents to be maintained 
electronically at a licensee's primary office or made available to the 
Commission via secured access to the licensee's Internet web site. It 
believes that electronic record keeping, particularly when done by 
Digital Selective Calling (DSC)-compatible systems, minimizes the risk 
of inadvertent data entry error. Furthermore, it believes that 
provision of such information via secured access to the licensee's web 
page would provide the Commission with quick and easy access.
    The Commission proposes to limit the posting requirement for VPC 
Geographic area licensees to be satisfied by a document identifying the 
licensee, as a representative of the licensee. Who may be contacted to 
answer any question regarding the operation of a particular station 
transmitter. It believes that relaxing the posting requirement will 
reduce the regulatory burden on VPC licensees while still ensuring that 
the vital information inherent in the posting requirement (i.e., 
location of the license and telephone number of the licensee's 
representative) will still be maintained at each station.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), see 5 U.S.C. 
603 (the RFA, see 5 U.S.C. 601 et. seq., has been amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 110 
Stat. 847 (1996) (CWAAA) (Title II of the CWAAA is the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA))), the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in the Fourth Further Notice of 
Proposed Rule Making. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the Fourth Further Notice of 
Proposed Rule Making provided in paragraph 30 of the item. The 
Commission will send a copy of the Fourth Further Notice of Proposed 
Rule Making, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration. See 5 U.S.C. 603(a). In addition, 
the Fourth Further Notice of Proposed Rule Making and IRFA (or 
summaries thereof) will be published in the Federal Register. See id.

A. Need for, and Objectives of, the Proposed Rules

    Our objective is to determine whether it is in the public interest, 
convenience, and necessity to provide VHF public coast stations with 
additional flexibility and to improve the stations' efficiency as well. 
These proposals include (1) allowing the Coast Guard and VHF public 
coast licensees to have the additional flexibility to choose non-
offset, as well as offset, channel pairs when negotiating an agreement 
regarding the specification of two narrowband channel pairs that will 
be used by the Coast Guard for its Ports and Waterways Safety System, 
(2) establishing emission masks and designators that will accommodate 
the full range of data services that may be provided by VHF public 
coast licensees, (3) extending tariff forbearance to public coast 
licensees, and (4) allowing public coast stations to maintain station 
documents via electronic means.

B. Legal Basis

    Authority for issuance of this item is contained in sections 4(i), 
4(j), 7(a), 302, 303(b), 303(f), 303(g), 303(r), 307(e), 332(a), and 
332(c) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 157(a), 302, 303(b), 303(f), 303(g), 303(r), 307(e), 332(a), 
and 332(c).

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

    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. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. 5 U.S.C. 601(3) (incorporating 
by reference the definition of ``small business concern'' in 15 U.S.C. 
632). Pursuant to the RFA, the statutory definition of a small business 
applies ``unless an agency, after consultation with the Office of 
Advocacy of the Small Business Administration and after opportunity for 
public comment, establishes one or more definitions of such term which 
are appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3). 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). Small Business Act, 15 U.S.C. 632 (1996).
    The proposed rules would affect licensees using AMTS and high seas 
public coast spectrum. In the Third Report and Order 63 FR 40059, July 
27, 1998, in this proceeding, the Commission defined the term ``small 
entity'' specifically applicable to public coast station licensees as 
any entity employing less than 1,500 persons, based on the definition 
under the Small Business Administration rules applicable to 
radiotelephone service providers. See Amendment of the Commission's 
Rules Concerning Maritime Communications, Third Report and Order and 
Memorandum Opinion and Order 65 FR 76966, December 8, 2000, 13 FCC Rcd 
19853, 19893 (1998) (citing 13 CFR 121.201, Standard Industrial 
Classification (SIC) Code 4812, now NAICS Code 513322). Since the size 
data provided by the Small Business Administration does not enable us 
to make a meaningful estimate of the number of public coast station 
licensees that are small businesses, we have used the 1992 Census of 
Transportation, Communications, and Utilities, conducted by the Bureau 
of the Census, which is the most recent information available. This 
document shows that 12 radiotelephone firms out of a total of 1,178 
such firms which operated in 1992 had 1,000 or more employees. Thus, we 
estimate that no fewer than 1,166 small entities will be affected. Any 
entity that is capable of providing radiotelephone service is eligible 
to hold a public coast license. Therefore, we seek comment on the 
number of small entities that use VHF public coast spectrum and the 
number of small entities that are likely to apply for licenses under 
the various proposals described herein.

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

    This Fourth Further Notice of Proposed Rule Making neither proposes 
nor anticipates any additional reporting,

[[Page 5082]]

recordkeeping or other compliance measures.

E. Significant Alternatives Minimizing the Economic Impact on Small 
Entities

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives: (1) The establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    The Fourth Further Notice of Proposed Rule Making solicits comment 
on a variety of alternatives set forth herein. For example, the 
Commission seeks comment on its proposal to relax for all entities, 
including small entities, the current license posting requirement in 
order to reduce the regulatory burden. The Commission also seeks to 
reduce the regulatory burden of all entities, including small entities, 
by permitting the maintenance of records via electronic means. It also 
seeks comment on the proposal of Maritel, Inc. that the Commission no 
longer require geographic licensees, including those that are small 
entities, to provide station identification. Any significant 
alternative presented in the comments will be considered.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

List of Subjects 47 CFR Part 80

    Communications equipment, radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 80 as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

    1.The authority citation for Part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, 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 80.95 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec. 80.95  Message charges.

    (a) Except as specified in Sec. 20.15(c) of this chapter with 
respect to commercial mobile radio service providers, charges must not 
be made for service of:
* * * * *
    3. Section 80.207 is amended by revising paragraph (d) to read as 
follows:


Sec. 80.207  Classes of emission.

* * * * *
    (d) The authorized classes of emission are as follows:

------------------------------------------------------------------------
           Types of stations                   Classes of emission
------------------------------------------------------------------------
           Ship Stations \1\
Radiotelegraphy:
    100-160 kHz........................  A1A
        405-525 kHz....................  A1A, J2A
        1605-27500 kHz:................
        Manual.........................  A1A, J2A
            DSC........................  F1B, J2B
            NB-DP \14\.................  F1B, J2B
            Facsimile..................  F1C, F3C, J2C, J3C
        156-162 MHz \2\................  F1B, F2B, F2C, F3C, F1D, F2D
            DSC........................  G2B
        216-220 MHz \3\................  F1B, F2B, F2C, F3C
        1626.5-1646.5 MHz..............  (\4\)
Radiotelephony:
        1605-27500 kHz \5\.............  H3E, J3E, R3E
        27.5-470 MHz \6\...............  G3D, G3E
        1626.5-1646.5 MHz..............  (\4\)
Radiodetermination:
        285-325 kHz \7\................  A1A, A2A
                                         A3N, H3N, J3N, NON
405-525 kHz (Direction Finding) \8\
        154-459 MHz\12\................  A1D, A2D, F1D, F2D, G1D, G2D
        2.4-9.5 GHz....................  PON
        14.00-14.05 GHz................  F3N
 
           Land Stations \1\
 
Radiotelegraphy:
        100-160 kHz....................  A1A
        405-525 kHz....................  A1A, J2A
        1605-2850 kHz:
            Manual.....................  A1A, J2A
            Facsimile..................  F1C, F3C, J2C, J3C
            Alaska--Fixed..............  A1A, J2A
        4000-27500 kHz:
            Manual.....................  A1A, J2A
            DSC........................  F1B, J2B
            NB-DP \14\.................  F1B, J2B
            Facsimile..................  F1C, F3C, J2C, J3C
            Alaska--Fixed..............  A1A, A2A, F1B, F2B
        72-76 MHz......................  A1A, A2A, F1B, F2B
        156-162 MHz \2\ \15\...........  F1B, F2B, F2C, F3C, F1D, F2D

[[Page 5083]]

 
            DSC........................  G2B
        216-220 MHz \3\................  F1B, F2B, F2C, F3C
Radiotelephony:
        1605-27500 kHz.................  H3E, J3E, R3E
        72-76 MHz......................  A3E, F3E, G3E
        156-470 MHz....................  G3E
Radiodetermination:
        2.4-9.6 GHz....................  PON
Distress, Urgency and Safety \8\ \9\
        500 kHz\10\....................  A2A and A2B or H2A and H2B
        2182 kHz\10\ \11\..............  A2B, A3B, H2B, H3E, J2B, and
                                          J3E
                                         A2A, H2A
                                         A3E, A3X, N0N
        8364 kHz.......................  A3E
        121.500 MHz....................  G3E, G3N
        123.100 MHz....................  A3E, A3X, N0N
        156.750 and 156.800 MHz\13\....  GID
        243.000 MHz
        406.025 MHz
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
  establishment.
\2\ Frequencies used for public correspondence and in Alaska 156.425
  MHz. See Secs.  80.371(c), 80.373(f) and 80.385(b). Transmitters
  approved before January 1, 1994, for G3E emissions will be authorized
  indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
  approved on or after January 1, 1994, will be authorized for F2C, F3C,
  F1D or F2D emissions only if they are approved specifically for each
  emission designator.
\3\ Frequencies used in the Automated Maritime Telecommunications System
  (AMTS). See Sec.  80.385(b).
\4\ Types of emission are determined by the INMARSAT Organization.
\5\ Transmitters approved prior to December 31, 1969, for emission H3E,
  J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to be
  operated. These transmitters will not be authorized in new
  installations.
\6\ G3D emission must be used only by one-board stations for maneuvering
  or navigation.
\7\ Frequencies used for cable repair operations. See Sec.  80.375(b).
\8\ For direction finding requirements see Sec.  80.375.
\9\ Includes distress emissions used by ship, coast, EPIRB's and
  survival craft stations.
\10\ On 500 kHz and 2182 kHz A1B, A2B, H2B and J2B emissions indicate
  transmission of the auto alarm signals.
\11\ Ships on domestic voyages must use J3E emission only.
\12\ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz,
  454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and
  related telecommand operations.
\13\ Class C EPIRB stations may not be used after February 1, 1999.
\14\ NB-DP operations which are not in accordance with CCIR
  Recommendation 625 or 476 are permitted to utilize any modulation, so
  long as emissions are within the limits set forth in Sec.  80.211(f).
\15\ If a station uses another type of digital emission, it must comply
  with the emission mask requirements of Sec.  90.210 of this chapter.

    4. Section 80.213 is amended by revising paragraph (d) to read as 
follows:


Sec. 80.213  Modulation requirements.

* * * * *
    (d) Ship and coast station transmitters operating in the 156-162 
MHz and 216-220 bands must be capable of proper operation with a 
frequency deviation that does not exceed +/-5 kHz when using any 
emission authorized by Sec. 80.207.
* * * * *
    5. Section 80.302 is amended by revising paragraph (a) to read as 
follows:


Sec. 80.302  Notice of discontinuance, reduction, or impairment of 
service involving a distress watch.

    (a) When changes occur in the operation of a public coast station 
which include discontinuance, reduction, suspension, or relocation of a 
watch required to be maintained on 500 kHz, 2182 kHz, or 156.800 MHz, 
notification must be made by the licensee to the nearest district 
office of the U.S. Coast Guard as soon as practicable. The notification 
must include the estimated or known resumption time of the watch.
* * * * *
    6. Section 80.371 is amended by revising paragraphs (c)(1)(ii) 
introductory text, (c)(1)(iii), and (c)(3) to read as follows:


Sec. 80.371  Public correspondence frequencies.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Service areas in the marine VHF 156-162 MHz band are VHF 
Public Coast Station Areas (VPCSAs). As listed in the table in this 
paragraph, VPCSAs are based on, and composed of one or more of, the 
U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 
(March 10, 1995). In addition, the Commission shall treat Guam and the 
Northern Mariana Islands, Puerto Rico and the United States Virgin 
Islands, American Samoa, and the Gulf of Mexico as EA-like areas, and 
has assigned them EA numbers 173-176, respectively. Maps of the EAs and 
VPCSAs are available for public inspection and copying at the FCC 
Public Reference Room, Room CY-A257, 445 12th Street, SW, Washington, 
DC 20554. Except as shown in the table, the frequency pairs listed in 
paragraph (c)(1)(i) of this section are available for assignment to a 
single licensee in each of the VPCSAs listed in the table in this 
paragraph. In addition to the listed EAs listed in the table in this 
paragraph, each VPCSA also includes the adjacent waters under the 
jurisdiction of the United States.
* * * * *
    (iii) Subject to paragraph (c)(3) of this section, each licensee 
may also operate on 12.5 kHz offset frequencies in areas where the 
licensee is authorized on both frequencies adjacent to the offset 
frequency, and in areas where the licensee on the other side of the 
offset frequency consents to the licensee's use of the adjacent offset 
frequency. Coordination with Canada is required for offset operations 
under any circumstance in which operations on either adjoining 25 kHz 
channel would require such coordination. See Sec. 80.57 of this part.
* * * * *
    (3) VPCSA licensees may not operate on Channel 228B (162.0125 MHz),

[[Page 5084]]

which is available for use in the Coast Guard's Ports and Waterways 
Safety System (PAWSS). In addition, within six months of the conclusion 
of the competitive bidding procedures to determine the licensees in 
each VPCSA, the U.S. Coast Guard shall submit to each licensee of 
VPCSAs 1-9 a plan specifying up to two channel pairs for use in the 
PAWSS. The final selection of the PAWSS channel pairs can be negotiated 
(if the VPCSA licensee objects to the Coast Guard proposal, it shall 
make a counterproposal within three months) and established by an 
agreement between the parties. All parties are required to negotiate in 
good faith. If no agreement is reached within one year of the date the 
Coast Guard submitted its plan, the Coast Guard may petition the 
Commission to select up to two channel 12.5 kHz narrowband pairs offset 
from the channels set forth in the table in paragraph (c)(1)(i) of this 
section for use in the PAWSS. The Wireless Telecommunications Bureau 
shall announce the selection of the PAWSS channel pairs by Public 
Notice.
* * * * *
    7. Section 80.405 is amended by redesignating paragraph (c) as 
(c)(1) and adding new paragraph (c)(2) to read as follows:


Sec. 80.405  Station license.

* * * * *
    (c) * * *
    (2) Public coast stations authorized under this part must make 
available either a clearly legible copy of the authorization for each 
station at the principal control point of the station or an address or 
location where the current authorization may be found and a telephone 
number of that authorization's representative.
* * * * *
    8. Section 80.409 is amended by revising paragraph (b)(2) and 
paragraph (c) introductory text to read as follows:


Sec. 80.409  Station logs.

* * * * *
    (b) * * *
    (2) Logs containing entries required by paragraph (c) of this 
section must be kept either at the principal control point of the 
station or electronically filed at the station licensee's primary 
office or available to the Commission via secured access to the 
licensee's Internet web site. Logs containing entries required by 
paragraphs (e) and (f) of this section must be kept at the principal 
radiotelephone operating location while the vessel is being navigated. 
All entries in their original form must be retained on board the vessel 
for at least 30 days from the date of entry. Additionally, logs 
required by paragraph (f) of this section must be retained on board the 
vessel for a period of 2 years from the date of the last inspection of 
the ship radio station.
* * * * *
    (c) Public coast station logs. Public coast stations must maintain 
a log, whether by means of written or automatic logging or a 
combination thereof. The log must contain the following information:
* * * * *
    9. Section 80.471 is revised to read as follows:


Sec. 80.471  Discontinuance or impairment of service.

Except as specified in Sec. 20.15(b)(3) of this chapter with respect to 
commercial mobile radio service providers, a public coast station must 
not discontinue or impair service unless authorized to do so by the 
Commission.

[FR Doc. 02-2436 Filed 2-1-02; 8:45 am]
BILLING CODE 6712-01-P