[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Proposed Rules]
[Pages 48440-48443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18258]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 20 and 80

[WT Docket No. 04-257; RM-10743; FCC 04-171]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission addresses petitions for 
rulemaking that were filed by Maritel, Inc. (Maritel), a VHF public 
coast (VPC) station licensee, on May 16, 2003, and Mobex Network 
Services, LLC (Mobex), an automated maritime telecommunications system 
(AMTS) station licensee, on June 13, 2003. Both petitions seek 
additional flexibility for public coast station licensees. The 
Commission proposes to amend its rules to permit VPC and AMTS licensees 
to provide private mobile radio service to units on land. The proposed 
rule changes further the Commission's ongoing goal of establishing a 
regulatory framework that will enhance operational flexibility and 
enable maritime spectrum licensees to compete more effectively against 
other commercial mobile radio service

[[Page 48441]]

(CMRS) providers. The Commission tentatively concludes that the actions 
proposed herein will not adversely affect the essential purpose of the 
Maritime Services to promote safety of life and property at sea and on 
inland waterways. At the same time, the Commission tentatively 
concludes that Maritel's suggested broader rule changes, which would 
permit VPC licensees essentially to choose whether or not to comply 
with various regulatory obligations pertaining to the Maritime 
Services, are not in the public interest.

DATES: Written comments are due on or before October 12, 2004, and 
reply comments are due on or before November 8, 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: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), WT Docket No. 04-257, FCC 04-171, 
adopted on July 8, 2004, and released on July 30, 2004. The full text 
of this document is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also 
be downloaded at: http://www.fcc.gov. Alternative formats are available 
to persons with disabilities by contacting Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at [email protected].
    1. In the NPRM, the Commission tentatively agrees that prohibiting 
VPC and AMTS licensees from providing private correspondence to mobile 
units on land appears to conflict with the Commission's goal of 
providing CMRS licensees with optimal operational flexibility in 
utilizing their authorized spectrum. Accordingly, the Commission 
proposes to permit VPC and AMTS licensees to provide private land 
mobile radio service to units on land by deleting the reference 
``public correspondence'' in 47 CFR 80.123, and removing the discussion 
of ``ships'' in 47 CFR 80.475(c). The Commission also proposes to amend 
47 CFR 20.9 to give AMTS geographic licensees the same flexibility as 
VPC geographic area licensees to choose between offering commercial and 
private services. The Commission seeks comment on these tentative 
conclusions. The Commission also seeks comment on how VPC and AMTS 
stations can technically and practically serve both maritime and land 
mobile interests in areas near navigable waterways, especially in the 
VPC service, where maritime and mobile users may utilize different 
equipment. In addition, the Commission seeks comment on how these 
providers can ensure that priority would always be given to maritime 
communications.
    2. The Commission also tentatively agrees that AMTS stations 
providing private correspondence service should not be required to be 
interconnected to the public switched network. Consequently, the 
Commission proposes to retain the interconnection requirement for AMTS 
licensees providing public correspondence service, but to amend 47 CFR 
80.475 to provide that such licensees may also provide non-
interconnected service, and that AMTS licensees providing only private 
mobile radio service need not be interconnected. In this regard, the 
Commission also proposes to revise 47 CFR 80.5 to remove 
``interconnected'' as a required characteristic of all AMTS operations.
    3. The Commission declines to propose other rule changes requested 
by Maritel that would permit VPC geographic area licensees to choose 
whether to provide maritime public correspondence services; and to have 
VPC licensees governed by the rules and decisions applicable to the 
particular type of service they elect to provide, and not necessarily 
the rules governing the Maritime Services. The Commission is concerned 
that the rule changes requested by Maritel would undermine the core 
purpose of the Maritime Services--providing for the unique distress, 
operational, and personal communications needs of vessels at sea and on 
inland waterways.

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    4. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules.

B. Paperwork Reduction Act of 1995

    5. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Pub. L. 104-13. In addition, therefore, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Pub. L. 107-193, see 44 U.S.C. 
3506(c)(4).

C. Comments

    6. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or 
before October 12, 2004 and reply comments on or before November 8, 
2004. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies.
    7. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th St., SW., Washington, DC 20554. Filings can be 
sent first class by the U.S. Postal Service, by an overnight courier or 
hand and message-delivered. Hand and message-delivered paper filings 
must be delivered to 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. Filings delivered by overnight courier (other 
than U.S. Postal Service Express Mail and Priority Mail) must be sent 
to 9300 East Hampton Drive, Capitol Heights, MD 20743.
    8. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Jeffrey 
Tobias, Wireless Telecommunications Bureau, 445 12th St., SW., Room 3-
A432, Washington, DC 20554. Such a submission should be

[[Page 48442]]

on a 3.5 inch diskette formatted in an IBM compatible format using 
Microsoft Word or compatible software. The diskette should be 
accompanied by a cover letter and should be submitted in ``read only'' 
mode. The diskette should be clearly labeled with the commenter's name, 
proceeding (including the lead docket number in this case, WT Docket 
No. 04-257), type of pleading (comment or reply comment), date of 
submission, and the name of the electronic file on the diskette. The 
label should also include the following phrase ``Disk Copy--Not an 
Original.'' Each diskette should contain only one party's pleadings, 
preferably in a single electronic file. In addition, commenters should 
send diskette copies to the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th St., SW., Room CY-B402, Washington, DC 20054.

II. Initial Regulatory Flexibility Analysis

    9. As required by the RFA, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) of the rules proposed or 
discussed in the NPRM. Written public comments are requested on the 
IRFA. These comments must be filed in accordance with the same filing 
deadlines for comments on the NPRM in WT Docket No. 04-257, and they 
should have a separate and distinct heading designating them as 
responses to the IRFA. The Commission's Consumer and Governmental 
Affairs Bureau, Reference Information Center, will send a copy of the 
NPRM, including the IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration, in accordance with the Regulatory 
Flexibility Act.

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

    10. In the NPRM, the Commission seeks comment on whether it is in 
the public interest, convenience, and necessity to provide VHF public 
coast stations and AMTS stations with the additional flexibility to 
offer non-interconnected private communications to units on land.

B. Legal Basis for Proposed Rules

    11. The proposed action is authorized under sections 4(i), 7(a), 
302, 303(b), 303(f), 303(g), 303(r), 332(a) and 332(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a) 302, 
303(b), 303(f), 303(g), 303(r), 332(a) and 332(c).

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

    12. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 governmental entities in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96%, have populations of fewer than 50,000. The Census Bureau 
estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (96%) are small entities. Below, we further 
describe and estimate the number of small entity licensees and 
regulatees that may be affected by adoption of rules discussed in the 
NPRM.
    13. The proposed rules would affect licensees using AMTS and VHF 
public coast spectrum. In the Third Report and Order in PR Docket No. 
92-257, 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, PR Docket No. 92-257, 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 do 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. There are three AMTS public coast 
station licensees and approximately thirty-five VPC licensees. It is 
unlikely that more than seven more AMTS or five more VPC licensees will 
be authorized in the future. Therefore, we estimate that no fewer than 
fifty small entities will be affected.

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

    14. The NPRM neither proposes nor anticipates any additional 
reporting, recordkeeping or other compliance measures.

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

    15. 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 (iv) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    16. The NPRM solicits comment on a variety of alternatives set 
forth herein. For example, the Commission seeks comment on its proposal 
to reduce the regulatory burden for all entities, including small 
entities, by eliminating the current requirement that part 80 public 
coast licensees provide interconnected service to land units. It also 
seeks comment on the proposal of Maritel, Inc. that licensees elect to 
provide either Commercial Mobile Radio Service or Private Mobile Radio 
Service and then be regulated by the Commission rules that govern that 
service.

[[Page 48443]]

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

    None.

III. Ordering Clauses

    17. This Notice of Proposed Rule Making 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).
    18. The proposed regulatory changes described in the Notice of 
Proposed Rule Making are contained in rule changes.
    19. The petition for rulemaking filed by Maritel, Inc. on May 16, 
2003 is granted in part and denied in part, to the extent set forth 
herein, and the petition for rulemaking filed by Mobex Network 
Services, LLC on June 13, 2003 is granted.
    20. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Notice of Proposed Rule 
Making, including the Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Parts 20 and 80

    Communications equipment, Radio.

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

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 20 and 80 as 
follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

    1. The authority citation for part 20 continues to read as follows:

    Authority: Secs. 4, 10, 251-254, 303, and 332; 47 U.S.C. 154, 
160, 251-254, 303, and 332, unless otherwise noted.

    2. Section 20.9 is amended by revising paragraphs (b) introductory 
text and (b)(1) to read as follows:


Sec.  20.9  Commercial mobile radio service.

* * * * *
    (b) Licensees of a Personal Communications Service or applicants 
for a Personal Communications Service license, and VHF Public Coast 
Station geographic area licensees or applicants, and automated maritime 
telecommunications system (AMTS) geographic area licensees or 
applicants, proposing to use any Personal Communications Service, VHF 
Public Coast Station, or AMTS spectrum to offer service on a private 
mobile radio service basis must overcome the presumption that Personal 
Communications Service, VHF Public Coast, and AMTS Stations are 
commercial mobile radio services.
    (1) The applicant or licensee (who must file an application to 
modify its authorization) seeking authority to dedicate a portion of 
the spectrum for private mobile radio service, must include a 
certification that it will offer Personal Communications Service, VHF 
Public Coast Station, or AMTS service on a private mobile radio service 
basis. The certification must include a description of the proposed 
service sufficient to demonstrate that it is not within the definition 
of commercial mobile radio service in Sec.  20.3. Any application 
requesting to use any Personal Communications Service, VHF Public Coast 
Station, or AMTS spectrum to offer service on a private mobile radio 
service basis will be placed on public notice by the Commission.
* * * * *

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 80.5 is amended by revising the definition of automated 
maritime telecommunications system to read as follows:


Sec.  80.5  Definitions.

* * * * *
    Automated maritime telecommunications system (AMTS). An automatic, 
integrated maritime communications system.
* * * * *
    3. Section 80.123 is amended by revising the introductory paragraph 
to read as follows:


Sec.  80.123  Service to stations on land.

    Marine VHF public coast stations, including AMTS coast stations, 
may provide service to stations on land in accordance with the 
following:
* * * * *
    4. Section 80.475 is amended by revising paragraph (c) and adding a 
new paragraph (d) to read as follows:


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

* * * * *
    (c) In lieu of public correspondence service, an AMTS system may 
provide a private mobile radio service. However, such communications 
may be provided only to stations whose licensees make cooperative 
arrangements with the AMTS coast station licensees. In emergency and 
distress situations, services must be provided to ship stations without 
prior arrangements.
    (d) AMTS systems providing private mobile radio service in lieu of 
public correspondence service are not required to be interconnected to 
the public switched network. AMTS systems providing public 
correspondence service must be interconnected to the public switched 
network, but the licensee may also offer non-interconnected services.
[FR Doc. 04-18258 Filed 8-9-04; 8:45 am]
BILLING CODE 6712-01-P