[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Rules and Regulations]
[Pages 48560-48567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18372]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 80

[PR Docket No. 92-257; RM-9664; FCC 02-74]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules that will 
streamline our licensing process for Automated Maritime 
Telecommunications System (AMTS) stations by utilizing a geographic 
area licensing system. With respect to high seas spectrum, the 
Commission will now process applications on a first-come, first-served 
basis, thereby precluding the filing of mutually exclusive applications 
and thus, the need to use competitive bidding procedures. The 
Commission believes that these decisions will increase competition in 
the provision of telecommunications services, promote more efficient 
use of maritime spectrum, increase the types of telecommunications 
services available to vessel operators, allow maritime commercial 
mobile radio service (CMRS) providers to respond more quickly to market 
demand, and reduce regulatory burdens on AMTS and high seas public 
coast station licensees.

EFFECTIVE DATE: Effective August 26, 2002.

FOR FURTHER INFORMATION CONTACT: Keith Fickner, Policy and Rules 
Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-7308.

SUPPLEMENTARY INFORMATION: The Commission's Second Memorandum Opinion 
and Order and Fifth Report and Order, PR Docket No. 92-257, FCC 02-74, 
was adopted March 13, 2002, and released on April 8, 2002. The full 
text of this Commission's Second Memorandum Opinion and Order and Fifth 
Report and Order 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, International Transcription Service, 
Inc., 1231 20th Street NW., Washington, DC 20037. The full text may 
also be downloaded at: http://www.fcc.gov/Wireless/Orders/2002/fcc0274.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 Second Memorandum Opinion and Order

    1. The Commission resolves a petition for reconsideration of the 
suspension of acceptance of applications for new AMTS and HF 
radiotelephone high seas public coast stations that went into effect on 
November 16, 2000. The Commission states that it believes that 
suspension of acceptance and processing of AMTS applications is 
warranted in order to facilitate the orderly and effective resolution 
of the matters pending in this proceeding. By maintaining the 
processing suspension, it states that it will be able to weigh the 
costs and benefits of the existing regulatory framework against its 
proposals.
    2. The Commission also resolves a petition for declaratory ruling 
regarding section 309 of the Communications Act. The Commission states 
that sections 309(d)(2) and (e) do not restrict its authority to 
dismiss an AMTS application that, as of November 16, 2000, was mutually 
exclusive with other applications or for which the relevant period to 
file mutually exclusive applications had not expired. The Commission 
also rejects the petitioner's argument that in instances where a 
petition to deny was filed against one or more mutually exclusive 
applications that were subject to the processing suspension, section 
309(j)(6)(E) requires the Commission to first address the petition to 
deny because a grant of the petition could resolve the mutual 
exclusivity, thus enabling the surviving application(s) to be 
processed. The Commission states that section 309(j)(6)(E) merely 
requires that it take certain measures, when it is in the public 
interest, to avoid mutual exclusivity within the framework of existing, 
not outmoded, licensing policies.

Summary of the Fifth Report and Order

    3. The Commission concludes that the public interest will be best 
served by a transition to geographic area licensing for AMTS spectrum. 
Such an approach will speed assignment of subsequent AMTS licenses, 
reduce processing burdens on the Commission, facilitate the expansion 
of existing AMTS systems and the development of new AMTS systems, 
eliminate inefficiencies arising from the intricate web of 
relationships created by site-specific authorization, and enhance 
regulatory symmetry.
    4. The Commission adopts a 10 dB co-channel interference protection 
standard because it will afford AMTS incumbents with sufficient 
protection. The Commission believes that 10 dB protection to an 
incumbent's 38 dBu service contour (the standard used in

[[Page 48561]]

the 220-222 MHz band) provides the incumbent with sufficient protection 
from potential interference. On the other hand, it believes that an 
overly conservative co-channel interference protection standard, such 
as 18 dB, would be spectrally inefficient because it would prevent 
geographic licensees from using AMTS spectrum in areas that could be 
served without harm to other licensees.
    5. The Commission concludes that AMTS geographic licensees should 
be permitted to operate at a 38 dBu field strength at the geographic 
boundaries. This is the standard used in the 220-222 MHz band. To 
require a lower field strength might unnecessarily restrict AMTS 
licensees ability to provide quality service to mobile units operating 
in boundary areas.
    6. The Commission concludes that the requirement that AMTS stations 
must serve a waterway is inconsistent with geographic licensing. It 
believes that requiring AMTS stations to serve coastlines or sizable 
navigable inland waterways could prevent service from being offered in 
some licensing areas. Therefore, it will permit a licensee to place 
stations anywhere within its service area so long as marine-originating 
traffic is given priority and incumbent operations are protected. 
However, licensees whose service areas include certain major waterways 
will be required to provide coverage to those waterways.
    7. The Commission concludes that an AMTS geographic area licensee 
should be permitted to acquire both AMTS frequency blocks in the same 
geographic area. It believes that limiting bidders to one channel block 
could impede vigorous competitive bidding. Moreover, when it considers 
that there are already competing commercial mobile radio service (CMRS) 
providers, such as VPC and 220-222 MHz, it believes that allowing one 
applicant to acquire both AMTS channel blocks in the same geographic 
area will not have anti-competitive consequences for the public.
    8. The Commission concludes that AMTS licensees should be required 
to make a substantial service showing only at the time of license 
renewal. It believes that requiring substantial service at the time of 
license renewal (ten years) will ensure efficient use of AMTS spectrum, 
as well as expeditious provision of service to the public. This 
standard also is consistent with other geographic area license 
services.
    9. The Commission concludes that it is in the public interest to 
modify its current licensing procedures for assigning high seas public 
coast spectrum by requiring applications to be processed on a first-
come, first-served basis, thereby precluding the filing of mutually 
exclusive applications and thus, the need to use competitive bidding 
procedures. The Commission believes that the extensive international 
coordination requirements of high seas spectrum as well as the need to 
conform to the changing allocations and allotments instituted by the 
World Radio Conference, makes it an inappropriate spectrum band for 
license grant via competitive bidding.
    10. The Commission concludes that Medium Frequency (MF) private 
coast stations should be permitted to use unassigned public coast 
station radiotelephone frequency pairs in the 2 MHz band for non-CMRS 
services. It believes that permitting private coast stations to share 2 
MHz public correspondence frequencies will promote the more efficient 
use of maritime spectrum and will reduce congestion for MF private 
coast licensees.

Final Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act (RFA),\1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated into 
the Third Further Notice of Proposed Rule Making in this proceeding. 
The Commission sought written public comment on the IRFA. The present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\2\
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    \1\ 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 No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of 
the CWAAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA).
    \2\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Fifth Report and Order

    12. Our objective is to simplify our licensing process for AMTS 
stations. Specifically, this action will: (1) Convert licensing of AMTS 
station spectrum from site-by-site licensing to geographic area 
licensing, (2) simplify and streamline the AMTS spectrum licensing 
procedures and rules, (3) increase licensee flexibility to provide 
communication services that are responsive to dynamic market demands, 
and (4) introduce market-based forces into the Maritime Services by 
using competitive bidding procedures (auctions) to resolve mutually 
exclusive applications for AMTS spectrum. We find that these actions 
will increase the number and types of communications services available 
to the maritime community and improve the safety of life and property 
at sea, and that the potential benefits to the maritime community 
exceed any negative effects that may result from the promulgation of 
rules for this purpose. Thus, we conclude that the public interest is 
served by amending our rules as described above.

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

    13. No comments were submitted in response to the IRFA. However, 
Mobex Communications, Inc., a commenter to the Third Further Notice of 
Proposed Rulemaking, suggested that we allow applicants to exclude 
operating revenues from activities which have been discontinued more 
than one year prior to the filing of the short form application when 
determining the average gross revenues for the preceding three years. 
The Commission carefully considered this comment when reaching the 
decision that it was in the public interest that such revenues continue 
to be included in the calculation of average gross revenues, because 
the inclusion of such revenues will help provide an accurate and 
equitable measure of the size of a business and whether that business 
is truly eligible for small business bidding credits.

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

    14. 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.\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.''\4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ 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).\6\ A small

[[Page 48562]]

organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.''\7\
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    \3\ 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 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).
    \6\ Small Business Act, 15 U.S.C. 632 (1996).
    \7\ 5 U.S.C. 601(4).
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    15. The rules adopted herein will affect licensees using AMTS and 
high seas public coast spectrum. In the Third Report and Order in this 
proceeding, the Commission defined the term ``small entity'' 
specifically applicable to public coast station licensees as any entity 
employing fewer than 1,500 persons, based on the definition under the 
Small Business Administration rules applicable to radiotelephone 
service providers.\8\ Since the size data provided by the Small 
Business Administration does not enable us to make a meaningful 
estimate of the number of AMTS and high seas public coast station 
licensees that are small businesses, and no commenters responded to our 
request for information regarding the number of small entities that use 
or are likely to use public coast spectrum, 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 only 12 radiotelephone firms out of 
a total of 1,178 such firms that operated in 1992 had 1,000 or more 
employees. There are three AMTS public coast station licensees and 
approximately thirteen high seas public coast station licensees. Based 
on the rules adopted herein, it is unlikely that more than seven 
licensees will be authorized in the future. Therefore, for purposes of 
our evaluations and conclusions in this FRFA, we estimate that there 
are approximately twenty-three AMTS and high seas public coast station 
licensees that are small businesses, as that term is defined by the 
Small Business Administration.
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    \8\ See Amendment of the Commission's Rules Concerning Maritime 
Communications, Third Report and Order and Memorandum Opinion and 
Order, 13 FCC Rcd 19853, 19893 (1998) (citing 13 CFR 121.201, 
Standard Industrial Classification (SIC) Code 4812 (now North 
American Industry Classification System (NAICS) Code 513322)).
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    16. All small businesses that choose to participate in the 
competitive bidding for these services will be required to demonstrate 
that they meet the criteria set forth to qualify as small businesses, 
as required under part 1, subpart Q of the Commission's Rules, 47 CFR 
part 1, subpart Q. Any small business applicant wishing to avail itself 
of small business provisions will need to make the general financial 
disclosures necessary to establish that the business is in fact small. 
Prior to auction, each small business applicant will be required to 
submit an FCC Form 175, OMB Clearance Number 3060-0600. The estimated 
time for filling out an FCC Form 175 is 45 minutes.
    17. In addition to filing an FCC Form 175, each applicant will have 
to submit information regarding the ownership of the applicant, any 
joint venture arrangements or bidding consortia that the applicant has 
entered into, and financial information demonstrating that a business 
wishing to qualify for installment payments and bidding credits is a 
small business.
    18. Applicants that do not have audited financial statements 
available will be permitted to certify to the validity of their 
financial showings. While many small businesses have chosen to employ 
attorneys prior to filing an application to participate in an auction, 
the rules are intended to enable a small business working with the 
information in a bidder information package to file an application on 
its own.
    19. When an applicant wins a license, it will be required to submit 
an FCC Form 601, which will require technical information regarding the 
applicant's proposals for providing service. This application will 
require information provided by an engineer who will have knowledge of 
the system's design. The estimated time for completing an FCC Form 601 
is one hour and fifteen minutes.

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

    20. 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.
    21. The Commission in this proceeding has considered comments on 
implementing broad changes to the maritime service rules. It has 
adopted alternatives which minimize burdens placed on small entities. 
It has decided to adopt for AMTS the small business provisions that 
were adopted in the auction of VHF public coast spectrum. Specifically, 
the Commission has concluded that AMTS small businesses will receive a 
bidding credit of 25 percent and very small businesses will receive a 
bidding credit of 35 percent. It has defined small businesses as those 
entities, together with their affiliates and controlling interests, 
with not more than fifteen million dollars in average gross revenues 
for the preceding three years, and very small businesses as those 
entities, together with their affiliates and controlling interests, 
with not more than three million dollars in average gross revenues for 
the preceding three years.\9\
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    \9\ These small business size standards have been approved by 
the U.S. Small Business Administration, pursuant to Section 3 of the 
Small Business Act. See Letter from Aida Alvarez, Administrator, 
Small Business Administration, to Margaret W. Wiener, Chief, 
Auctions and Industry Analysis Division, Wireless Telecommunications 
Bureau, Federal Communications Commission (dated November 3, 2000) 
(approving size standards for AMTS and high seas public coast 
services); see also 15 U.S.C. 632(a)(2) (establishment of size 
standards by federal agencies); 13 CFR 121.90(b) (promulgation of 
special size standards by federal agencies).
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    22. The Commission considered and rejected several significant 
alternatives. It rejected the Mobex Communications, Inc. request that 
we allow applicants to exclude operating revenues from activities which 
have been discontinued more than one year prior to the filing of the 
short form application when determining the average gross revenues for 
the preceding three years. This was rejected because it could encourage 
bad business practices by large businesses that are designed to 
circumvent the Commission's small business provisions for the purpose 
of becoming eligible for bidding credits. The Commission also rejected 
the proposal that AMTS geographic area licensees be required to provide 
substantial service to their service areas within five years. Instead, 
the Commission has adopted a requirement that AMTS licensees provide 
substantial service within ten years, i.e., at the time of license 
renewal. The ten-year substantial service requirement should prove to 
be less burdensome on small businesses than a five-year benchmark.
    23. Report to Congress: The Commission will send a copy of the 
Fifth Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act.\10\ In addition, the 
Commission will send a copy of the Fifth Report and Order, including 
this FRFA, to the Chief Counsel for Advocacy of the Small

[[Page 48563]]

Business Administration. In addition, the Fifth Report and Order and 
FRFA (or summaries thereof) will be published in the Federal 
Register.\11\
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    \10\ See 5 U.S.C. 801(a)(1)(A).
    \11\ See 5 U.S.C. 604(b).
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    24. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Fifth Report and Order, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 1 and 80

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, The Federal 
Communications Commission amends 47 CFR parts 1 and 80 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


    2. Section 1.227 is amended by revising paragraph (b)(4) to read as 
follows:


Sec. 1.227  Consolidations.

* * * * *
    (b) * * *
    (4) This paragraph applies when mutually exclusive applications 
subject to section 309(b) of the Communications Act and not subject to 
competitive bidding procedures pursuant to Sec. 1.2102 of this chapter 
are filed in the Private Radio Services, or when there are more such 
applications for initial licenses than can be accommodated on available 
frequencies. Except for applications filed under part 101, subparts H 
and O, Private Operational Fixed Microwave Service, and applications 
for high seas public coast stations (see Secs. 80.122(b)(1) (first 
sentence), 80.357, 80.361, 80.363(a)(2), 80.371(a), (b), and (d), and 
80.374 of this chapter) mutual exclusivity will occur if the later 
application or applications are received by the Commission's offices in 
Gettysburg, PA (or Pittsburgh, PA for applications requiring the fees 
set forth at part 1, subpart G of the rules) in a condition acceptable 
for filing within 30 days after the release date of public notice 
listing the first prior filed application (with which subsequent 
applications are in conflict) as having been accepted for filing or 
within such other period as specified by the Commission. For 
applications in the Private Operational Fixed Microwave Service, mutual 
exclusivity will occur if two or more acceptable applications that are 
in conflict are filed on the same day. Applications for high seas 
public coast stations will be processed on a first come, first served 
basis, with the first acceptable application cutting off the filing 
rights of subsequent, conflicting applications. Applications for high 
seas public coast stations received on the same day will be treated as 
simultaneously filed and, if granting more than one would result in 
harmful interference, must be resolved through settlement or technical 
amendment.
* * * * *

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 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.

    4. Section 80.49 is amended by revising paragraph (a)(3) to read as 
follows:


Sec. 80.49  Construction and regional service requirements.

    (a) * * *
    (3) Each AMTS coast station geographic area licensee must make a 
showing of substantial service within its service area within ten years 
of the initial license grant, or the authorization becomes invalid and 
must be returned to the Commission for cancellation. ``Substantial'' 
service is defined as service which is sound, favorable, and 
substantially above a level of mediocre service which just might 
minimally warrant renewal. For site-based AMTS coast station licensees, 
when a new license has been issued or additional operating frequencies 
have been authorized, if the station or frequencies authorized have not 
been placed in operation within two years from the date of the grant, 
the authorization becomes invalid and must be returned to the 
Commission for cancellation.
* * * * *

    5. Section 80.60 is amended by revising paragraphs (a) and (b)(2) 
and adding paragraph (d)(3) to read as follows:


Sec. 80.60  Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. The following licensees may partition their 
service areas or disaggregate their spectrum. Parties seeking approval 
for partitioning and disaggregation shall request an authorization for 
partial assignment pursuant to Sec. 1.948 of this chapter.
    (1) VHF Public Coast area licensees, see Sec. 80.371(c)(1)(ii), may 
partition their geographic service area or disaggregate their spectrum 
pursuant to the procedures set forth in this section.
    (2) AMTS geographic area licensees, see Sec. 80.385(a)(3), may 
partition their geographic service area or disaggregate their spectrum 
pursuant to the procedures set forth in this section. Site-based AMTS 
public coast station licensees may partition their license or 
disaggregate their spectrum pursuant to the procedures set forth in 
this section, provided that the partitionee or disaggregatee's 
predicted 38 dBu signal level contour does not extend beyond the 
partitioner or disaggregator's predicted 38 dBu signal level contour. 
The predicted 38 dBu signal level contours shall be calculated using 
the F(50, 50) field strength chart for Channels 7-13 in Sec. 73.699 
(Fig. 10) of this chapter, with a 9 dB correction for antenna height 
differential.
    (3) Nationwide or multi-region LF, MF, and HF public coast station 
licensees, see Secs. 80.357(b)(1), 80.361(a), 80.363(a)(2), 80.371(b), 
and 80.374, may partition their spectrum pursuant to the procedures set 
forth in this section, except that frequencies or frequency pairs 
licensed to more than one licensee as of March 13, 2002 may be 
partitioned only by the earliest licensee, and only on the condition 
that the partitionee shall operate on a secondary, non-interference 
basis to stations licensed as of March 13, 2002 other than the earliest 
licensee. Coordination with government users is required for 
partitioning of spectrum the licensing of which is subject to 
coordination with government users.
    (b) * * *
    (2) Disaggregation. VHF (156-162 MHz) spectrum may only be 
disaggregated according to frequency pairs. AMTS spectrum may be 
disaggregated in any amount.
* * * * *
    (d) * * *
    (3) Site-based AMTS, and nationwide or multi-region LF, MF, and HF 
public coast. Parties seeking to acquire a partitioned license or 
disaggregated spectrum from a site-based AMTS, or nationwide or multi-
region LF, MF, and HF public coast licensee will be

[[Page 48564]]

required to construct and commence ``service to subscribers'' in all 
facilities acquired through such transactions within the original 
construction deadline for each facility as set forth in Sec. 80.49. 
Failure to meet the individual construction deadline will result in the 
automatic termination of the facility's authorization.

    6. Section 80.70 is amended by revising the section heading and 
paragraph (c) to read as follows:


Sec. 80.70  Special conditions relative to coast station VHF 
facilities.

* * * * *
    (c) A VHF (156-162 MHz) public coast licensee initially authorized 
on any of the channels listed in the table in Sec. 80.371(c)(1), or an 
AMTS licensee initially authorized on any of the channel blocks listed 
in the table in Sec. 80.385(a)(2), may transfer or assign its 
channel(s), or channel block(s), to another entity. If the proposed 
transferee or assignee is the geographic area licensee for the 
geographic area to which the frequency block is allocated, such 
transfer or assignment will be deemed to be in the public interest. 
However, such presumption will be rebuttable.

    7. Section 80.122 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 80.122  Public coast stations using facsimile and data.

* * * * *
    (b) * * *
    (1) Frequencies in the 2000-27500 kHz bands in part 2 of this 
chapter as available for shared use by the maritime mobile service and 
other radio services are assignable to public coast stations for 
providing facsimile communications with ship stations. Additionally, 
frequencies in the 156-162 MHz and 216-220 MHz bands available for 
assignment to public coast stations for radiotelephone communications 
that are contained in subpart H of this part are also available for 
facsimile and data communications.
* * * * *

    8. Section 80.153 is amended by revising paragraph (a), removing 
paragraphs (b) and (c)(1), and redesignating paragraph (c)(2) as 
paragraph (b), to read as follows:


Sec. 80.153  Coast station operator requirements.

    (a) Except as provided in Sec. 80.179, operation of a coast station 
transmitter must be performed by a person who is on duty at the control 
point of the station. The operator is responsible for the proper 
operation of the station.
* * * * *

    9. Section 80.207 is amended by revising the table entries for 216-
220 MHz in paragraph (d) to read as follows:


Sec. 80.207  Classes of emission.

* * * * *
    (d) * * *

------------------------------------------------------------------------
           Types of stations                   Classes of emission
------------------------------------------------------------------------
           Ship Stations \1\
Radiotelegraphy:
 
       *                  *                   *                  *
                   *                  *                  *
    216-220 MHz \3\....................  F1B, F2B, F2C, F3C, F1D, F2D
 
       *                  *                   *                  *
                  *                   *                  *
           Land Stations \1\
Radiotelegraphy:
 
       *                   *                  *                  *
                   *                  *                  *
    216-220 MHz \3\....................  F1B, F2B, F2C, F3C, F1D, F2D
 
       *                   *                  *                  *
                   *                  *                *
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
  establishment.
*    *    *    *    *    *    *
\3\ Frequencies used in the Automated Maritime Telecommunications System
  (AMTS). See Sec.  80.385(b).
*    *    *    *    *    *    *


    10. Section 80.215 is amended by revising paragraph (h)(3)(i) to 
read as follows:


Sec. 80.215  Transmitter power.

* * * * *
    (h) * * *
    (3) * * *
    (i) Shows that the proposed site is the only suitable location 
(which, at the application stage, requires a showing that the proposed 
site is especially well-suited to provide the proposed service);
* * * * *

    11. Section 80.357 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 80.357  Morse code working frequencies.

* * * * *
    (b) Coast station frequencies.--(1) Frequencies in the 100-27500 
kHz band. The following table describes the working carrier frequencies 
in the 100-27500 kHz band which are assignable to coast stations 
located in the designated geographical areas. The exclusive maritime 
mobile HF bands listed in the table contained in Sec. 80.363(b) of this 
part are also available for assignment to public coast stations for A1A 
or J2A radiotelegraphy following coordination with government users. 
With respect to frequencies that are assignable in more than one 
geographical area, once the frequency is assigned to one licensee, any 
subsequent license will be authorized on a secondary, non-interference 
basis with respect to the incumbent license's existing operation. If 
the first licensee later seeks authorization to operate in an 
additional geographic area, such authorization will be on a secondary, 
non-interference basis to other co-channel licensees.
* * * * *

    12. Section 80.371 is amended by revising the entries to the table 
and footnote 1 and adding footnotes 4 and 5 in paragraph (a), and by 
(b) introductory text, revising paragraphs (c)(1)(ii) and (c)(4) to 
read as follows:


Sec. 80.371  Public correspondence frequencies.

    (a) * * *

[[Page 48565]]



            Working Frequency Pairs in the 2000-4000 kHz Band
------------------------------------------------------------------------
                                                   Carrier frequencies
                                                          (kHz)
                    Region                     -------------------------
                                                    Ship        Coast
                                                  transmit     transmit
------------------------------------------------------------------------
East Coast:...................................        * * *        * * *
                                                     2118.0  \1\ 12514.0
                                                      * * *        * * *
                                                     2382.0   \5\ 2482.0
                                                      * * *        * * *
                                                     2406.0   \4\ 2506.0
West Coast:...................................        * * *        * * *
                                                     2430.0   \5\ 2482.0
Gulf Coast:...................................        * * *        * * *
                                                 \1\ 2158.0    \1\2550.0
                                                      * * *        * * *
                                                     2382.0   \5\ 2482.0
 
                  *        *        *        *        *
Alaska........................................       2131.0   \5\ 2309.0
 
                 *        *        *        *        *
------------------------------------------------------------------------
\1\ Unlimited hours of use from December 15 to April 1 and day only from
  April 1 to December 15. Harmful interference must not be caused to any
  station in the Great Lakes region.
*        *        *        *        *
\4\ Harmful interference must not be caused to any coast station in the
  Caribbean region.
\5\ But see section 80.373(c)(3) of this chapter.

    (b) Working frequencies in the 4000-27500 kHz band. This paragraph 
describes the working carrier frequencies in the 4000-27500 kHz band. 
With respect to frequencies that are assignable in more than one 
geographical area, once the frequency is assigned to one licensee, any 
subsequent license will be authorized on a secondary, non-interference 
basis with respect to the incumbent license's existing operation. If 
the first licensee later seeks authorization to operate in an 
additional geographic area, such authorization will be on a secondary, 
non-interference basis to other co-channel licensees.
* * * * *
    (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 173-
176, respectively. Maps of the EAs and VPCSAs are available for public 
inspection and copying at the Federal Communications Commission, Public 
Safety and Private Wireless Division, 445 12th St., SW., Room 4-C330, 
Washington, DC. 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.
* * * * *
    (4) Subject to the requirements of Sec. 1.924 of this chapter and 
Sec. 80.21, each VPCSA licensee may place stations anywhere within its 
region without obtaining prior Commission approval provided:
* * * * *

    13. Section 80.373 is amended by adding paragraph (c)(3) to read as 
follows:


Sec. 80.373  Private communications frequencies.

* * * * *
    (c) * * *
    (3) In addition to the frequencies shown in paragraph (c)(1) of 
this section, the following coast transmit frequencies listed in the 
table in Sec. 80.371(a) of this chapter are available for assignment to 
private coast stations and authorized ship stations for simplex 
business and operational radiotelephone communications: in the East 
Coast, West Coast, and Gulf Coast regions, 2482 kHz; in the Alaska 
region, 2309 kHz. These frequencies shall not be assigned to public 
coast stations before July 25, 2002. After that date, only the above 
frequencies in the above regions that have been assigned to at least 
one private coast station shall continue to be available for assignment 
to private coast stations. If, by that date, in any of the above 
regions, any of the above frequencies has not been assigned to a 
private coast station, that frequency in that region shall be available 
for assignment only to public coast stations.
* * * * *

    14. Section 80.385 is amended by revising paragraphs (a)(2) and 
(b), redesignating paragraph (a)(3) as paragraph (a)(4) and paragraph 
(c) as (d), and adding new paragraphs (a)(3) and (c) to read as 
follows:


Sec. 80.385  Frequencies for automated systems.

* * * * *
    (a) * * *
    (2) The following carrier frequencies are available for assignment 
to public coast stations for public correspondence communications with 
ship stations and units on land. AMTS operations must not cause harmful 
interference to the U.S. Navy SPASUR system which operates in the band 
216.880-217.080 MHz.

------------------------------------------------------------------------
                                        Carrier frequency (MHz)
                              ------------------------------------------
         Channel No.                Ship         Coast
                               transmit\1,3\  transmit\2\      Group
------------------------------------------------------------------------
101..........................  .............     216.0125  D
102..........................  .............     216.0375  .............
103..........................  .............     216.0625  .............
104..........................  .............     216.0875  .............
105..........................  .............     216.1125  .............
106..........................  .............     216.1375  .............
107..........................  .............     216.1625  .............
108..........................  .............     216.1875  .............
109..........................  .............     216.2125  .............
110..........................  .............     216.2375  .............
111..........................  .............     216.2625  .............
112..........................  .............     216.2875  .............
113..........................  .............     216.3125  .............
114..........................  .............     216.3375  .............
115..........................  .............     216.3625  .............
116..........................  .............     216.3875  .............

[[Page 48566]]

 
117..........................  .............     216.4125  .............
118..........................  .............     216.4375  .............
119..........................  .............     216.4625  .............
120..........................  .............     216.4875  .............
121..........................  .............     216.5125  C
122..........................  .............     216.5375  .............
123..........................  .............     216.5625  .............
124..........................  .............     216.5875  .............
125..........................  .............     216.6125  .............
126..........................  .............     216.6375  .............
127..........................  .............     216.6625  .............
128..........................  .............     216.6875  .............
129..........................  .............     216.7125  .............
130..........................  .............     216.7375  .............
131..........................  .............     216.7625  .............
132..........................  .............     216.7875  .............
133..........................  .............     216.8125  .............
134..........................  .............     216.8375  .............
135..........................  .............     216.8625  .............
136..........................  .............     216.8875  .............
137..........................  .............     216.9125  .............
138..........................  .............     216.9375  .............
139..........................  .............     216.9625  .............
140..........................      219.0125      216.9875  .............
141..........................      219.0375      217.0125  B
142..........................      219.0625      217.0375  .............
143..........................      219.0875      217.0625  .............
144..........................      219.1125      217.0875  .............
145..........................      219.1375      217.1125  .............
146..........................      219.1625      217.1375  .............
147..........................      219.1875      217.1625  .............
148..........................      219.2125      217.1875  .............
149..........................  .............     217.2125  .............
150..........................      219.2375      217.2375  .............
151..........................      219.2625      217.2625  .............
152..........................      219.2875      217.2875  .............
153..........................      219.3125      217.3125  .............
154..........................      219.3375      217.3375  .............
155..........................      219.3625      217.3625  .............
156..........................      219.3875      217.3875  .............
157..........................      219.4125      217.4125  .............
158..........................      219.4375      217.4375  .............
159..........................      219.4625      217.4625  .............
160..........................      219.4875      217.4875  .............
161..........................      219.5125      217.5125  A
162..........................      219.5375      217.5375  .............
163..........................      219.5625      217.5625  .............
164..........................      219.5875      217.5875  .............
165..........................      219.6125      217.6125  .............
166..........................      219.6375      217.6375  .............
167..........................      219.6625      217.6625  .............
168..........................      219.6875      217.6875  .............
169..........................      219.7125      217.7125  .............
170..........................      219.7375      217.7375  .............
171..........................      219.7625      217.7625  .............
172..........................      219.7875      217.7875  .............
173..........................      219.8125      217.8125  .............
174..........................      219.8375      217.8375  .............
175..........................      219.8625      217.8625  .............
176..........................      219.8875      217.8875  .............
177..........................      219.9125      217.9125  .............
178..........................      219.9375      217.9375  .............
179..........................      219.9625      217.9625  .............
180..........................      219.9875      217.9875  .............
------------------------------------------------------------------------
\1\ Ship transmit frequencies in Groups C and D are not authorized for
  AMTS use.
\2\ Coast station operation on frequencies in Groups C and D are not
  currently assignable and are shared on a secondary basis with the Low
  Power Radio Service in part 95 of this chapter. Frequencies in the
  band 216.750-217.000 MHz band are available for low power point-to-
  point network control communications by AMTS coast stations under the
  Low Power Radio Service (LPRS). LPRS operations are subject to the
  conditions that no harmful interference is caused to the United States
  Navy's SPASUR radar system (216.88-217.08 MHz) or to TV reception
  within the Grade B contour of any TV channel 13 station or within the
  68 dBu predicted contour of any low power TV or TV translator station
  operating on channel 13.

[[Page 48567]]

 
\3\ Ship transmit frequencies in Groups A and B are permitted to provide
  mobile-to-mobile communications where the written consent of all
  affected licensees is obtained.

    (3) As listed in the table in this paragraph, AMTS Areas (AMTSAs) 
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 Puerto Rico, the United States 
Virgin Islands, and the Gulf of Mexico as EA-like areas. Maps of the 
EAs and AMTSAs are available for public inspection and copying at the 
Federal Communications Commission, Public Safety and Private Wireless 
Division, 445 12th Street, SW., Room 4-C330, Washington, DC. The Group 
A and B frequency pairs listed in the table in paragraph (a)(2) of this 
section are available for assignment to a single licensee in each of 
the AMTSAs listed in the table in this paragraph. In addition to the 
listed EAs listed in the table in this paragraph, each AMTSA also 
includes the adjacent waters under the jurisdiction of the United 
States.

                           AMTS Areas (AMTSAs)
------------------------------------------------------------------------
            AMTSAs                                EAs
------------------------------------------------------------------------
1  (Northern Atlantic).......  1-5, 10.
2  (Mid-Atlantic)............  9, 11-23, 25, 42, 46.
3  (Southern Atlantic).......  24, 26-34, 37, 38, 40, 41, 174.
4  (Mississippi River).......  35, 36, 39, 43-45, 47-53, 67-107, 113,
                                116-120, 122-125, 127, 130-134, 176.
5  (Great Lakes).............  6-8, 54-66, 108, 109.
6  (Southern Pacific)........  160-165.
7  (Northern Pacific)........  147, 166-170.
8  (Hawaii)..................  172.
9  (Alaska)..................  171.
10  (Mountain)...............  110-112, 114-115, 121, 126, 128, 129, 135-
                                146, 148-159.
------------------------------------------------------------------------

* * * * *
    (b) Subject to the requirements of Sec. 1.924 of this chapter, 
Secs. 80.215(h), and 80.475(a), each AMTS geographic area licensee may 
place stations anywhere within its region without obtaining prior 
Commission approval provided:
    (1) The AMTS geographic area licensee must locate its stations at 
least 120 kilometers from the stations of co-channel site-based AMTS 
licensees. Shorter separations between such stations will be considered 
by the Commission on a case-by-case basis upon submission of a 
technical analysis indicating that at least 10 dB protection will be 
provided to an site-based licensee's predicted 38 dBu signal level 
contour. The site-based licensee's predicted 38 dBu signal level 
contour shall be calculated using the F(50, 50) field strength chart 
for Channels 7 through 13 in Sec. 73.699 (Fig. 10) of this chapter, 
with a 9 dB correction for antenna height differential. The 10 dB 
protection to the site-based licensee's predicted 38 dBu signal level 
contour shall be calculated using the F(50, 10) field strength chart 
for Channels 7-13 in Sec. 73.699 (Fig. 10a) of this chapter, with a 9 
dB correction factor for antenna height differential.
    (2) The locations and/or technical parameters of the transmitters 
are such that individual coordination of the channel assignment(s) with 
a foreign administration, under applicable international agreements and 
rules in this part, is not required.
    (3) For any construction or alteration that would exceed the 
requirements of Sec. 17.7 of this chapter, licensees must notify the 
appropriate Regional Office of the Federal Aviation Administration (FAA 
Form 7460-1) and file a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., 
Gettysburg, PA 17325-7245.
    (4) The transmitters must not have a significant environmental 
effect as defined by Secs. 1.1301 through 1.1319 of this chapter.
    (c) Any recovered frequency blocks will revert automatically to the 
holder of the geographic area license within which such frequencies are 
included. Any frequency blocks recovered where there is no geographic 
area licensee will be retained by the Commission for future licensing.
* * * * *

    15. Section 80.475 is amended by revising paragraph (a) to read as 
follows:


Sec. 80.475  Scope of service of the Automated Maritime 
Telecommunications System (AMTS).

    (a) A separate Form 601 is not required for each coast station in a 
system. However, except as provided in Sec. 80.385(b) and paragraph (b) 
of this section, the applicant must provide the technical 
characteristics for each proposed coast station, including transmitter 
type, operating frequencies, emissions, transmitter output power, 
antenna arrangement, and location.
* * * * *

    16. Section 80.479 is revising paragraph (a) and adding paragraphs 
(b) and (c) to read as follows:


Sec. 80.479  Assignment and use of frequencies for AMTS.

    (a) The frequencies assignable to AMTS stations are listed in 
subpart H of this part. These frequencies are assignable to ship and 
public coast stations for public correspondence communications.
    (b) The transmissions from a station of an AMTS geographic area 
licensee may not exceed a predicted 38 dBu field strength at the 
geographic area border, unless all affected co-channel geographic area 
licensees agree to the higher field strength. The predicted 38 dBu 
field strength is calculated using the F(50, 50) field strength chart 
for Channels 7 through 13 in Sec. 73.699 (Fig. 10) of this chapter, 
with a 9 dB correction factor for antenna height differential. 
Geographic area licensees must coordinate to minimize interference at 
or near their geographic area borders, and must cooperate to resolve 
any instances of interference in accordance with the provisions of 
Sec. 80.70(a).
    (c) AMTS frequencies may be used for mobile-to-mobile 
communications if written consent is obtained from all affected 
licensees.

[FR Doc. 02-18372 Filed 7-24-02; 8:45 am]
BILLING CODE 6712-01-P