[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Proposed Rules]
[Pages 65447-65450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18755]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[WT Docket No. 00-48; FCC 06-129]


Maritime Communications

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) furthers its ongoing efforts to ensure that its 
rules governing the Maritime Radio Services continue to promote 
maritime safety, maximize effective and efficient use of the spectrum 
available for maritime communications, accommodate technological 
innovation, avoid unnecessary regulatory burdens, and maintain 
consistency with international maritime standards to the extent 
consistent with the United States public interest. The Commission also 
seeks in this proceeding to ensure that it regulates the Maritime Radio 
Services in a manner that advances our Nation's homeland security.

DATES: Submit comments on or before January 8, 2007, and reply comments 
are due on or before February 6, 2007.

ADDRESSES: You may submit comments, identified by WT Docket No. 00-48; 
FCC 06-129, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, [email protected], 
Wireless Telecommunications Bureau, (202) 418-1617, or TTY (202) 418-
7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Further Notice of Proposed Rule Making (Third FNPRM) in WT Docket No. 
00-48, FCC 06-129, adopted on August 29, 2006, and released on 
September 8, 2006. 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 sending an e-mail to [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. The WT Docket No. 00-48 rulemaking proceeding was established to 
develop rules for domestic implementation of the Global Maritime 
Distress and Safety System (GMDSS), a ship-to-shore and ship-to-ship 
distress communications system using satellite and digital selective 
calling (DSC) technology. The Commission takes the following 
significant actions in the Third FNPRM in WT Docket No. 00-48: (i) 
Proposes to cease authorizing INMARSAT-E emergency position indicating 
radiobeacons (EPIRBs) due to Inmarsat's planned cessation of service to 
such EPIRBs; (ii) requests comment on whether to require Global 
Positioning System (GPS) capability in VHF-DSC handheld units; (iii) 
requests comment on whether to require the carriage of at least one VHF 
handheld marine radio transceiver on all small passenger vessels that 
do not have a reserve power supply; (iv) requests comment on whether 
there is a need to make additional spectrum available for ship station 
facsimile communications, or to permit the transmission of data on VHF 
maritime voice channels; (v) requests comment on whether there is any 
need to continue limiting the number of frequencies that may be 
assigned to any particular private coast station; (vi) requests comment 
on updating the standards for ship radar equipment; and (vii) proposes 
to add a rule clarifying that GMDSS vessels subject to subpart W are 
required to test GMDSS radiotelephone equipment on a daily basis.

I. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding
    2. 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.

[[Page 65448]]

B. Comment Dates
    3. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, and 1.419, interested parties may file comments on 
or before January 8, 2007 and reply comments on or before February 6, 
2007. All filings related to this Third FNPRM should refer to WT Docket 
No. 00-48.
    4. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS), the Federal Government's eRulemaking Portal, or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
    5. Comments may be filed electronically using the Internet by 
accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments.
    6. For ECFS filers, if multiple docket or rulemaking numbers appear 
in the caption of this proceeding, filers must transmit one electronic 
copy of the comments for each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, filers should 
include their full name, U.S. 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, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    7. 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, filers must submit 
two additional copies for each additional docket or rulemaking number.
    8. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    9. The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    10. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    11. U.S. Postal Service first-class, Express, and Priority mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.
    12. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
[email protected].
    13. Availability of documents. The public may view the documents 
filed in this proceeding during regular business hours in the FCC 
Reference Information Center, Federal Communications Commission, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554, and on the 
Commission's Internet Home Page: http://www.fcc.gov. Copies of comments 
and reply comments are also available through the Commission's 
duplicating contractor: Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160, may be reached by e-mail at [email protected] or via 
BCPI's Web site at http://www.bcpiweb.com. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
C. Paperwork Reduction Act
    14. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 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, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

II. Initial Regulatory Flexibility Analysis

    15. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in the Third FNPRM. 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 Third FNPRM as provided in paragraph 82 of the item. 
The Commission will send a copy of the Third FNPRM, including this 
IRFA, to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration. In addition, a copy of the Third FNPRM and IRFA (or 
summaries thereof) will also be published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    16. In the Third FNPRM, we seek comment on rule amendments that are 
intended to enhance maritime safety, promote the efficient use of the 
maritime radio spectrum, and, to the extent consistent with these first 
two objectives, remove unnecessary regulatory burdens. We also seek to 
conform the Commission's part 80 rules with international standards 
where doing so will not undermine domestic regulatory objectives. In 
the Third FNPRM, we first request comment on whether we should remove 
part 80 regulatory provisions providing for the certification and 
authorizing the use of INMARSAT-E EPIRBs in light of the planned 
cessation of service to such EPIRBs as of December 1, 2006. Second, we 
invite comment on a Coast Guard recommendation to require that VHF DSC 
handheld radios include an integral GPS capability to ensure that 
distress calls include accurate location information. Third, we ask 
commenters to consider whether small passenger vessels that do not have 
a reserve power supply should be required to carry at least one VHF 
marine radio transceiver. Fourth, we request comment on whether 
additional frequencies should be made available for ship station 
facsimile use, and whether the Commission should permit the 
transmission of data on VHF maritime voice channels. Fifth, we request 
comment on whether we should remove certain restrictions on the 
assignment of frequencies to private coast stations and marine utility 
stations in light of the current demand for such frequencies. Sixth, we 
solicit comment on updating the standards for ship radar equipment. 
Finally, we request comment on the proposed addition of a rule to 
subpart W of part 80 to clarify the continued applicability of a daily 
radiotelephone testing requirement to GMDSS vessels subject to subpart 
W.

[[Page 65449]]

Legal Basis for Proposed Rules

    17. The proposed action is authorized under sections 4(i), 303(r), 
and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), and 332(a)(2).

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

    18. 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 (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, there are a total of approximately 
22.4 million small businesses, according to SBA data. 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 2002, there were approximately 1.6 million small 
organizations. The term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' Census Bureau data for 2002 indicate that there were 
87,525 local governmental jurisdictions in the United States. We 
estimate that, of this total, 84,377 entities were ``small governmental 
jurisdictions.'' Thus, we estimate that most governmental jurisdictions 
are small. 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 Third FNPRM.
    19. Small businesses in the aviation and marine radio services use 
a marine very high frequency (VHF), medium frequency (MF), or high 
frequency (HF) radio, any type of emergency position indicating radio 
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not developed a 
definition of small entities specifically applicable to these small 
businesses. For purposes of this IRFA, therefore, the applicable 
definition of small entity is the definition under the SBA rules 
applicable to wireless telecommunications. Pursuant to this definition, 
a ``small entity'' for purposes of the ship station licensees, public 
coast station licensees, or other marine radio users that may be 
affected by these rules, is any entity employing 1,500 of fewer 
persons. 13 CFR 121.201 (NAICS Code 517212).
    20. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' Under both categories, the SBA deems a wireless 
business to be small if it has 1,500 or fewer employees. For the census 
category of Paging, Census Bureau data for 2002 show that there were 
807 firms in this category that operated for the entire year. Of this 
total, 804 firms had employment of 999 or fewer employees, and three 
firms had employment of 1,000 employees or more. Thus, under this 
category and associated small business size standard, the majority of 
firms can be considered small. For the census category of Cellular and 
Other Wireless Telecommunications, Census Bureau data for 2002 show 
that there were 1,397 firms in this category that operated for the 
entire year. Of this total, 1,378 firms had employment of 999 or fewer 
employees, and 19 firms had employment of 1,000 employees or more. 
Thus, under this second category and size standard, the majority of 
firms can, again, be considered small.
    21. VHF Public Coast Stations. Some of the rules proposed herein 
affect VHF public coast station licensees. The Commission has 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, 13 FCC Rcd 19853, 19893 (1998) 
(citing 13 CFR 121.201, Standard Industrial Classification (SIC) Code 
4812, now NAICS Code 513322).
    22. Marine Radio Equipment Manufacturers. Some of the rules 
proposed herein may also affect small businesses that manufacture 
marine radio equipment. The Commission has not developed a definition 
of small entities applicable to marine radio equipment manufacturers. 
Therefore, the applicable definition is that for Wireless 
Communications Equipment Manufacturers. The Census Bureau defines this 
category as follows: ``This industry comprises establishments primarily 
engaged in manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2002, there 
were a total of 1,041 establishments in this category that operated for 
the entire year. Of this total, 1,010 had employment of under 500, and 
an additional 13 had employment of 500 to 999. Thus, under this size 
standard, the majority of firms can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    23. We believe three of the possible rule changes discussed in the 
Third FNPRM may potentially have a direct, significant economic impact 
on a substantial number of small entities. As noted, we have requested 
comment on whether to require GPS capability in VHF-DSC handheld 
radios, on whether to require that small passenger vessels carry at 
least one VHF handheld marine radio transceiver, and on whether to 
update the standards for ship radar equipment. We invite interested 
parties to address the economic impact of these possible rule changes 
on small vessel operators, small marine radio equipment manufacturers 
and other small businesses that may be subject to the new requirements. 
We seek information on whether the compliance costs may outweigh the 
safety benefits of these rule changes, and whether there are 
alternative means of securing the safety benefits of these requirements 
through means that are less burdensome to regulatees.
    24. We do not believe any of the other matters discussed in the 
Third FNPRM would have a direct, significant economic impact on a 
substantial number of small entities. However, any commenters that 
disagree with that

[[Page 65450]]

tentative conclusion are asked to explain the basis of that 
disagreement.

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

    25. 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, among others:
     (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.
    26. In the Third FNPRM, we ask that commenters provide information 
on the incremental cost to manufacturers and consumers if the 
Commission were to adopt a requirement for GPS capability in VHF-DSC 
handheld units. We describe here, and seek comment on, possible 
alternatives to imposing such a requirement that might minimize the 
economic impact on small entities. First, we ask commenters to consider 
whether it would be appropriate to exempt any class of small entities 
from such a requirement. Commenters advocating such an exemption should 
propose criteria for identifying entities that should be exempt, and 
should explain why they believe such an exemption represents a 
reasonable compromise between the goals of promoting maritime safety 
and minimizing compliance costs for small entities. In addition, if we 
do determine to impose a new requirement for GPS capability in VHF-DSC 
handheld radio equipment, we would consider whether we should continue 
to certify VHF-DSC equipment without such capability for a specified 
additional period of time, and/or whether we should adopt 
grandfathering protections to allow the continued sale and use of such 
non-GPS VHF-DSC handheld equipment for a specified period of time or 
indefinitely. Interested parties should address these alternatives. 
Finally, we seek comment on whether an alternative, less costly 
equipment requirement could adequately address the concern that 
distress communications include accurate coordinates for the vessel in 
distress.
    27. In the Third FNPRM, we also seek comment on whether the 
Commission should require carriage of at least one VHF handheld marine 
radio transceiver on small passenger vessels that do not carry a 
reserve power supply. Our understanding is that such handheld radio 
equipment can be purchased for under fifty dollars at retail, making it 
a far less expensive proposition for small vessel owners and operators 
than would expanding the reserve power supply requirement to all small 
passenger vessels, regardless of size. Notwithstanding the relative 
inexpensiveness of VHF handheld marine radios, and the important safety 
benefits that would accrue from imposing such a carriage requirement, 
we request that interested parties address whether the costs of such a 
requirement would outweigh the safety benefits, and to suggest any 
alternatives, exemptions or phased-in implementation schedules that the 
Commission might adopt to reduce the compliance burden of such a 
requirement on small entities.
    28. In the Third FNPRM, we also invite comment on revising the 
standards for ship radar equipment. We seek comment on the impact of 
such a revision on radar equipment manufacturers and on the owners and 
operators of vessels required to be fitted with radar equipment. Given 
that we contemplate amending our rules only to reflect the most up-to-
date international standards for ship radar equipment, we question 
whether such an amendment would impose any new compliance burden on 
small entities, since they may already be required to, or have decided 
it is prudent to, manufacture and use equipment that conforms to those 
international standards. To the extent such an amendment would be 
deemed to create a new compliance burden, we ask interested parties 
whether and how that burden can be eliminated or mitigated for small 
entities, both small manufacturers and small owners and operators of 
vessels fitted with radar equipment. Commenters should consider the 
possibility of retaining the existing part 80 radar standards, 
incorporating by reference only some of the newer international radar 
standards, exempting certain entities from the requirement to comply 
with the newer international radar standards, and/or providing 
transition periods before compliance is required (so that, e.g., radar 
equipment can still be certified based on compliance with the current 
standards for a specified period of time) and grandfathering protection 
(to permit the continued manufacture, sale, importation, and use of 
radar equipment certified under the old standards, either for a 
specified period of years or indefinitely). Commenters are also invited 
to suggest alternatives other than those discussed here.

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

    29. None.

III. Ordering Clauses

    30. Pursuant to sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r) and 
403, this Third FNPRM is adopted.
    31. Pursuant to the applicable procedures set forth in Sec. Sec.  
1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, and 1.419, 
interested parties may file comments on this Third FNPRM on or before 
January 8, 2007 and reply comments on or before February 6, 2007.
    32. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Third FNPRM and also the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-18755 Filed 11-7-06; 8:45 am]
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