[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Rules and Regulations]
[Pages 19947-19949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8598]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[PR Docket No. 92-257; RM-9664; FCC 03-270]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission addresses petitions for 
reconsideration of the Second Memorandum Opinion and Order and Fifth 
Report and Order in this proceeding. The reconsideration petitions 
pertain to the Commission's decisions regarding the licensing approach 
for spectrum allotted to Automated Maritime Telecommunications System 
(AMTS) stations, including application processing issues and the 
incumbent co-channel interference protection standard. Based on the 
record now presented to the Commission, it believes that 
reconsideration of the AMTS incumbent co-channel interference 
protection standard is warranted. Therefore, in the Third Memorandum 
Opinion and Order, the Commission adopts a larger interference contour, 
which will better preserve AMTS incumbent systems' current operating 
parameters and afford licensees with an opportunity to construct fill-
in stations.

DATES: Effective May 17, 2004.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, [email protected], 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: The Commission's Third Memorandum Opinion 
and Order, PR Docket No. 92-257, FCC 03-270, was adopted October 31, 
2003, and released on November 18, 2003. The full text of this 
Commission's Third Memorandum Opinion 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, Qualex International, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20037. The full text may also be 
downloaded at: http://www.fcc.gov/Wireless/Orders/2003/fcc03270.txt. 
Alternative formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365.

Synopsis of the MO&O

    1. The Commission denied two petitions for reconsideration of the 
Commission's decision to dismiss AMTS applications the processing of 
which had been suspended because they were mutually exclusive with 
other applications and/or the relevant filing period had not expired as 
of November 16, 2000. The Commission stated that Sec.  1.934 of the 
Commission's rules did not obligate the Wireless Telecommunications 
Bureau to automatically dismiss mutually exclusive applications that 
did not comply with certain technical AMTS requirements prior to 
accepting them for filing.
    2. The Commission granted in part a petition for reconsideration of 
the Second Memorandum Opinion and Order and Fifth Report and Order 67 
FR 48560 (July 25, 2002), co-channel interference protection standard 
of 10 dB protection to the incumbent's predicted 38 dBu contour. The 
Commission concluded that it would be possible for a geographic 
licensee to interpose a facility between co-system incumbent base 
stations if the incumbent stations are provided 10 dB protection. 
Consequently, based on this further review, it decided that geographic 
area licensees should provide 18 dB protection to an incumbent's 
service contour, in order to be assured of protecting incumbents' 
continuity of service.

Final Regulatory Flexibility Analysis

    3. As required by the Regulatory Flexibility Act (RFA), a Final 
Regulatory Flexibility Analysis (IRFA) was incorporated into the Second 
Memorandum Opinion and Order and Fifth Report and Order in this 
proceeding. 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). In view of the fact that we have adopted a further rule 
amendment in the Third Memorandum Opinion and Order, we have included 
this Supplemental Final Regulatory Flexibility Analysis (SFRFA). The 
present SFRFA conforms to the RFA.

A. Need for, and Objectives of the Third Memorandum Opinion and Order

    4. In the Third Memorandum Opinion and Order, we amend a rule 
regarding co-channel interference protection that was adopted in the 
Second Memorandum Opinion and Order and Fifth Report and Order. We 
believe that this rule amendment supports the objectives that the 
Commission has established for this proceeding (i.e., to 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).

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

    5. We received no comments in response to the FRFA in the Second 
Memorandum Opinion and Order and Fifth Report and Order. However, we 
continue to believe that the policies and rules adopted in the Second 
Memorandum Report and Order and Fifth Report and Order will better 
enable small entities to compete for licenses in the AMTS band.

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

    6. 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: (i) Is independently owned and operated; 
(ii) is not dominant in its field of operation; and (iii) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). Small Business Act, 15 U.S.C. 632 (1996). A small organization 
is generally ``any not-for-profit enterprise which is independently 
owned and operated and

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is not dominant in its field.'' 5 U.S.C. 601(4).
    7. The rules adopted in this proceeding will affect licensees using 
AMTS 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. 
Since the size data provided by the Small Business Administration does 
not enable us to make a meaningful estimate of the number of AMTS 
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 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 in this proceeding, it is unlikely that more than seven 
licensees will be authorized in the future. Therefore, for purposes of 
our evaluations and conclusions in this SFRFA, 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.

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

    8. The Third Memorandum Opinion and Order imposes no new reporting, 
recordkeeping or other compliance requirements not previously adopted 
in this proceeding.

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

    9. 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: (i) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    10. The rule amendment adopted in this Third Memorandum Opinion and 
Order will have no significant economic impact on small entities. 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. In the 
Second Memorandum Report and Order and Fifth Report and Order, it 
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. 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).
    11. Report to Congress: The Commission will send a copy of the 
Third Memorandum Opinion and Order, including this SFRFA, in a report 
to be sent to Congress pursuant to the Congressional Review Act. See 5 
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
the Third Memorandum Opinion and Order, including this SFRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    12. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Third Memorandum Opinion 
and Order, including the Supplemental Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 80

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Part 80 as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

0
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.


0
2. Section 80.385 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  80.385  Frequencies for automated systems.

* * * * *
    (b) * * *
    (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 18 dB protection will be 
provided to a 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 7-13 in Sec.  73.699 (Fig. 10) of this chapter, with a 9 
dB correction for antenna height differential. The 18 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.
* * * * *

0
3. Section 80.475(a) is amended by adding new paragraphs (a)(1) and 
(a)(2) to read as follows:


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

    (a) * * *
    (1) Applicants proposing to locate a coast station transmitter 
within 169 kilometers (105 miles) of a channel 13

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TV station or within 129 kilometers (80 miles) of a channel 10 TV 
station or with an antenna height greater than 61 meters (200 feet), 
must submit an engineering study clearly showing the means of avoiding 
interference with television reception within the grade B contour, see 
Sec.  80.215(h) of this chapter, unless the proposed station's 
predicted interference contour is fully encompassed by the composite 
interference contour of the applicant's existing system, or the 
proposed station's predicted interference contour extends the system's 
composite interference contour over water only (disregarding 
uninhabited islands).
    (2) Additionally, applicants required to submit the above specified 
must give written notice of the filing of such applications(s) to the 
television stations which may be affected. A list of the notified 
television stations must be submitted with the subject applications.
* * * * *
[FR Doc. 04-8598 Filed 4-14-04; 8:45 am]
BILLING CODE 6712-01-P