[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Proposed Rules]
[Page 65570-65577]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-53]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 80
[WT Docket No. 04-344; RM-10821; FCC 04-207]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission initiates a rulemaking
proceeding to identify the electromagnetic spectrum that should be used
for maritime Automatic Identification Systems (AIS) in the United
States and its territorial waters. AIS is an important tool for
enhancing maritime safety and homeland security, and the Commission is
concerned that recent developments may have created uncertainty in the
maritime community regarding the very high frequency (VHF) channels to
be used for AIS, and that this in turn could impede efforts to expedite
the broad deployment of AIS. The Commission has received conflicting
petitions and other pleadings on this subject from the National
Telecommunications and Information Administration (NTIA), which is
representing the interests of the Federal Government, including the
United States Coast Guard (USCG or Coast Guard) and the Department of
Transportation (including the Saint Lawrence Seaway Development
Corporation) in this matter, and from MariTEL, Inc. (MariTEL), the
licensee of all nine of the maritime VHF Public Coast (VPC) station
service areas. Based on these petitions and pleadings, as well as
responsive comments from other stakeholders in the maritime community,
the Commission proposes to designate VHF maritime Channels 87B and 88B
for exclusive AIS use domestically, in keeping with the international
allocation of those channels for AIS, because the Commission
tentatively concludes that the use of those channels will best secure
to the United States the maritime safety and homeland security benefits
of AIS. In addition, the Commission tentatively concludes that it
should deny MariTEL's pending petitions that conflict with this
proposal.
DATES: Submit comments on or before December 30, 2004, and reply
comments are due on or before January 31, 2005.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
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 Federal
Communications Commission's Notice of Proposed Rulemaking (``NPRM'') in
WT Docket No. 04-344, FCC 04-207, adopted on August 26, 2004, and
released on October 15, 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 bmillin@fcc.gov.
1. Section 80.371(c)(3) of the Commission's Rules, 47 CFR
80.371(c)(3), directs the licensee of VHF Public Coast Service Areas
(VPCSAs) 1-9, i.e., MariTEL, and the Coast Guard to negotiate in good
faith to select two narrowband offset channel pairs to be dedicated to
AIS use, and specifies that if an agreement cannot be reached, the
Coast Guard may petition the Commission to select the channel pairs.
Although MariTEL and the Coast Guard did in fact reach an agreement to
designate frequencies 157.375 MHz and 161.975 MHz for AIS and executed
a Memorandum of Agreement (MOA) to that effect, MariTEL later exercised
its right to terminate the MOA. Following termination of the MOA, NTIA
petitioned the Commission on behalf of the Coast Guard to select
Channels 87B and 88B for AIS and to work with NTIA to reallocate the
channels for exclusive AIS use nationwide on a shared Federal
Government/non-Federal Government basis. After reviewing various
proposals submitted by MariTEL and NTIA, including their technical
submissions, and the comments filed in response to a number of public
notices relating to this matter, the Commission tentatively agrees with
NTIA and the Coast Guard, as well as the vast majority of commenters,
that the public interest would be served by designating Channels 87B
and 88B for exclusive AIS use in the nine maritime VPCSAs. The
Commission therefore grants the petition for rulemaking filed by NTIA
on October 24, 2003, RM-10821 to the extent that it seeks initiation of
a rulemaking proceeding to consider this issue, denies the Emergency
Petition for Declaratory Ruling filed by MariTEL on October 15, 2003,
and adopts the instant Notice of Proposed Rule Making in which it
proposes to designate Channels 87B and 88B for exclusive AIS use in the
nine maritime VPCSAs.
2. Designating Channels 87B and 88B for AIS in the United States
and its territorial waters would permit seamless worldwide AIS
operations. If the United States were to designate channels other than
87B and 88B for AIS, vessels entering United States waters would have
to switch to those alternative channels, instead of being able to use
the same channels that were employed in international waters.
Commenters indicate that requiring such switching would increase the
risk of vessel collisions. If ships must switch channels as they
approach and transit an AIS ``fence'' between international and United
States waters, there is a risk that they will disappear temporarily
from the screens of vessel traffic management systems as well as from
the screens of AIS receivers located on the bridges of vessels.
3. Further, domestic use of Channels 87B and 88B for AIS would
facilitate the speedy and efficient deployment of AIS, allowing the
United States to take full advantage of existing AIS standards and
infrastructure. Mandating the use of other channels could prolong
implementation schedules for future PAWSS installations and delay full
implementation of AIS as a component of homeland security because of
the need for additional technical analysis, possible design changes,
and conceivably more extensive shore infrastructure to accommodate AIS
channel shifting. In addition, AIS operations on Channels 87B and 88B
already have been deployed in, for example, the Saint Lawrence Seaway.
A switch to other channels on the United States side would not only
necessitate a costly reconfiguration of the AIS network on the Seaway
but, more importantly, would compromise the ability of the United
States to coordinate with Canada in monitoring vessel traffic on the
Seaway and in other areas, since Canada uses Channels 87B and 88B for
AIS. In addition to implementation delays and coordination
difficulties, the use of channels other than 87B and 88B would affect
the United States adversely because it would cause the U.S. Government
to expend considerably more time, money and resources to
[[Page 65571]]
implement a domestic AIS infrastructure.
4. Designating specific channels for AIS should provide greater
regulatory certainty, which in turn should encourage investment in AIS
technology. Calling for another round of negotiations between the Coast
Guard and MariTEL to identify channels for AIS would likely result in
greater delay before this critical issue could be definitively
resolved, and the resultant uncertainty could retard the pace of AIS
deployment in the United States. Further, a resolution premised on a
new MOA between the parties would still leave open the possibility that
either party would terminate that future MOA, returning us to the
present predicament. Specifically designating AIS channels in the
Commission's Rules, in contrast, would eliminate that possibility.
Therefore, the Commission sees important public interest benefits in
designating specific channels for AIS, and the record developed thus
far overwhelmingly militates in favor of designating Channels 87B and
88B for this purpose rather than any other channels.
5. After reviewing the parties' technical submissions, the
Commission also tentatively concludes that there is no basis in public
policy or equity either to forego designating Channels 87B and 88B for
AIS in order to protect MariTEL's interests or to provide some
mechanism to compensate MariTEL if it does so. The Commission believed
that the action it proposes here is essential to public safety, a
reasonable regulatory response to changed circumstances, does not limit
the licensed VPC spectrum available for MariTEL's proposed data
offerings to any greater degree than would the designation of four
narrowband offset channels, does not unfairly undermine MariTEL's
reasonable investment-backed expectations, and does not undermine the
integrity of the Commission's auction process. The Commission invites
comment on these tentative conclusions as well as on its overall
proposal. In addition, the Commission encourages the Coast Guard and
Maritel to cooperate in an effort to avoid interference to and from AIS
and VPC operations, and to take reasonable measures to remedy any
instances of interference that occur. Although the Commission does not
propose here to mandate any particular type of cooperative interference
mitigation measures, it seeks comment on whether there are specific
actions it could take to facilitate such collaboration.
6. The Commission also tentatively concludes that it should not
adopt MariTEL's proposal to serve as the AIS frequency coordinator.
MariTEL's proposed fees for providing AIS frequency coordination would
create an unwarranted disincentive for voluntary carriage of AIS
equipment. The effectiveness of AIS as a tool in service of maritime
safety and homeland security is directly proportional to the percentage
of vessels that operate with AIS. Creating a disincentive for voluntary
AIS carriage should be considered only if there are equally weighty
reasons in favor of it. Here, there is no apparent countervailing
public interest benefit in MariTEL's proposal to act as AIS frequency
coordinator that could justify a measure that would discourage fitting
vessels with AIS equipment. In addition, the proposed fees would
unfairly burden the owners and operators of vessels subject to
mandatory AIS carriage requirements, who must already shoulder the
costs of purchasing and installing AIS equipment to fulfill the
requirement.
7. The Commission also declines to propose adoption of MariTEL's
proposal for shared use of Channels 87B and 88B, as set forth in
MariTEL's submission of February 9, 2004. The public interest benefits
of adopting this proposal are unclear, and do not outweigh the clear
disadvantages of the proposal. First, the MariTEL sharing proposal
would permit MariTEL to use on a shared basis not only Channel 87B but
also the Federal Government channel 88B. The Commission is not
empowered to give MariTEL any rights to use a Federal Government
channel, and NTIA has not indicated any readiness to do so. Second, the
MariTEL sharing proposal is premised in part on the Commission adopting
regulations precluding the reception and use of AIS transmissions
except by MariTEL, the Coast Guard and ship stations. However,
precluding other entities from acquiring and using AIS information, or
allowing such access and use only upon payment to MariTEL, could
inhibit domestic implementation of AIS, could preclude beneficial
public/private cooperative arrangements between the Coast Guard and
private maritime associations, and could otherwise impede efficient AIS
implementation. Finally, the MariTEL sharing proposal calls for the
Commission to modify the technical requirements for AIS devices in
order to prevent interference from AIS operations on Channels 87B and
88B to adjacent channel VPC channels. The AIS technical requirements
are based on the international standards, and the Commission
tentatively concludes that it should not revise those requirements
unilaterally, and effectively abandon the standards-setting efforts to
date, solely at the behest of and for the benefit of a single company.
This is especially so because some of the mandatory AIS carriage
deadlines have come into effect, and it is at best uncertain that the
Commission could develop new technical requirements soon enough to give
vessel operators a reasonable opportunity to come into compliance.
I. Procedural Matters
A. Ex Parte Rules--Permit-But-Disclose Proceeding
8. 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. Comment Dates
9. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments on or before
December 30, 2004 and reply comments on or before January 31, 2005.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.
10. 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 ecfs@fcc.gov, 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
[[Page 65572]]
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.
11. 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 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 docket number in this case, WT Docket No. 04-344), 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 20554.
C. Paperwork Reduction Act
12. 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
13. 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 Notice of Proposed
Rule Making in WT Docket No. 04-344 (NPRM). 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 NPRM as
provided in paragraph 70, supra, of the item. The Commission will send
a copy of the NPRM, including the IRFA, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration. In addition, the
NPRM and IRFA (or summaries thereof) will be published in the Federal
Register.
A. Need for, and Objectives of, the Proposed Rules
14. In the NPRM, we seek comment on rule amendments that are
intended to identify the spectrum that should be used for maritime
Automatic Identification Systems (AIS) in the United States and its
territorial waters. AIS is an important tool for enhancing maritime
safety and homeland security, and we are concerned that recent
developments may have created uncertainty in the maritime community
regarding the very high frequency (VHF) channels to be used for AIS,
and that this in turn could impede efforts to expedite the broad
deployment of AIS domestically. In the NPRM, we propose to designate
VHF maritime Channels 87B and 88B for AIS use domestically, in keeping
with the international allocation of those channels for AIS, because we
believe the use of those channels will best secure to the United States
the maritime safety and homeland security benefits of AIS.
B. Legal Basis for Proposed Rules
15. The proposed action is authorized under sections 1, 4(i), 302,
303(f) and (r), and 332 of the Communications Act of 1934, as amended,
47 U.S.C. 1, 154(i), 302, 303(f) and (r), and 332.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
16. 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).
17. Small businesses in the aviation and marine radio services use
a very high frequency (VHF) marine or aircraft radio and, as
appropriate, an emergency position-indicating radio beacon (and/or
radar) or an emergency locator transmitter. The Commission has not
developed a small business size standard specifically applicable to
these small businesses. For purposes of this analysis, the Commission
uses the SBA small business size standard for the category ``Cellular
and Other Telecommunications,'' which is 1,500 or fewer employees.
Between December 3, 1998 and December 14, 1998, the Commission held an
auction of 42 VHF Public Coast (VPC) licenses in the 157.1875-157.4500
MHz (ship transmit) and 161.775-162.0125 MHz (coast transmit) bands.
For purposes of the auction, the Commission defined a ``small''
business as an entity that, together with controlling interests and
affiliates, has average gross revenues for the preceding three years
not to exceed fifteen million dollars. In addition, a ``very small''
business is one that, together with controlling interests and
affiliates, has average gross revenues for the preceding three years
not to exceed three million dollars. There are approximately 10,672
licensees in the Marine Coast Service, and the Commission estimates
that almost all of them qualify as ``small'' businesses under the above
special small business size standards.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
18. There are no projected reporting, recordkeeping or other
compliance requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
19. 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.
In the NPRM, we request comment on the proposal to designate
Channels 87B and 88B for exclusive AIS use. We
[[Page 65573]]
describe here, and seek comment on, possible alternatives to imposing
these new rules that might minimize the economic impact on small
entities. First, we ask commenters to consider the interference impact
on MariTEL, Inc., licensee of the nine maritime VPC service areas, or
on any incumbent site-based VPC licensees or any Economic Area (EA) VPC
licensees of the proposed designation of Channels 87B and 88B for AIS
exclusively. We tentatively conclude that the proposed designation of
Channels 87B and 88B for AIS should not have an adverse effect on
MariTEL's use of its VPC channels to a materially greater extent, if at
all, than would designation of two narrowband offset channel pairs of
the Commission's choosing from the 156-162 MHz VHF maritime band. We
request comment on this tentative conclusion. In addition, commenters
are asked if incumbent site based VPC operations can co-exist on a non-
interference basis with AIS and, if not, should the Commission require
that that these operations be migrated to other spectrum and/or should
the licensees be compensated in some way.
20. Commenters are requested to identify potential means of
minimizing or eliminating any adverse economic impact on any small
entities, particularly VPC licensees that qualify as small entities, if
Channels 87B and 88B are designated for AIS use. Such means may
include, but are not limited to, exemptions, grandfathering protection,
or geographic limitations on the use of Channels 87B and 88B for AIS.
Additionally or alternatively, we seek comment on whether we could
provide replacement spectrum for licensees who may find themselves
unable to continue using their licensed VPC channels because of our
proposal. For example, we might be able to modify their licenses to
provide other channels in lieu of Channels 87B and 88B. We also could
designate channels other than Channels 87B and 88B for AIS use in the
United States as a means of minimizing any adverse economic impact on
these licensee. We note, however, that mandating use of channels other
than Channels 87B and 88B for AIS use in the United States may have an
adverse economic impact on vessel operators and radio equipment
manufacturers that qualify as small entities by, for example,
increasing the cost of AIS equipment, causing premature obsolescence of
AIS equipment already installed on vessels, or leaving manufacturers
with stranded inventory. Accordingly, commenting parties, and
particularly commenting parties who favor adopting an alternative to
the Commission's proposal, are asked to address the potential economic
impact of that alternative on small entities.
21. In Appendix D of the NPRM, we list all of the incumbent site-
based licensees that currently operate within VHF Public Coast Service
Areas (VPCSAs) 1-9 on the channels which we are proposing to designate
for exclusive AIS use. We assume for purposes of this IRFA that some or
all of these licensees qualify as small entities. We specifically
invite these licensees to address the expected economic impact on them
of our proposal, and to suggest alternatives or additions to our
proposal that would minimize that impact, including but not limited to
the methods discussed in the preceding paragraph.
22. We also note that there are incumbent licensees operating on
the specified channels in inland areas. We do not anticipate any
significant adverse effect on any such licensee due to the geographic
limitations of our proposal, i.e., our limiting the AIS set-aside to
areas near major navigable waterways. Commenters who believe
differently are asked to describe the expected adverse economic impact
on incumbent inland licensees operating on these or adjacent channels,
and to provide suggested methods of minimizing any such impact. In
addition, we note that, although we are proposing only to designate
Channels 87B and 88B for AIS in the nine maritime VPCSAs, we have not
foreclosed the possibility of designating those channels for AIS on a
nationwide basis. Accordingly, inland licensees and other interested
parties should address the possible economic impact on small entities
if we were to designate Channels 87B and 88B for AIS in inland areas as
well as the nine maritime VPCSAs.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
III. Ordering Clauses
23. The Commission's Consumer Information Bureau, Reference
Information Center, SHALL SEND a copy of this NPRM, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 2 and 80
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 80 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
a. Revise pages 30 and 31.
b. In the list of United States (US) Notes, add note USxxx and
remove note US223.
Sec. 2.106 Table of Frequency Allocations.
The revisions and additions read as follows:
* * * * *
BILLING CODE 6712-01-P
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[GRAPHIC] [TIFF OMITTED] TP15NO04A.056
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[GRAPHIC] [TIFF OMITTED] TP15NO04A.057
BILLING CODE 6712-01-C
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United States (US) Notes
* * * * *
USxxx The bands 161.9625-161.9875 MHz (AIS 1 with its center
frequency at 161.975 MHz) and 162.0125-162.0375 MHz (AIS 2 with its
center frequency at 162.025 MHz) are allocated to the maritime mobile
service on a primary basis for Federal and non-Federal Government use
in VHF Public Coast Station Areas (VPCSAs) 1-9. In these areas, the
maritime mobile service shall be used exclusively for Automatic
Identification Systems (AIS). In VPCSAs 10-42, the band 161.9625-
161.9875 MHz is allocated to the maritime mobile service on a primary
basis for exclusive non-Federal Government use and the 162.0125-
162.0375 MHz is allocated to the fixed and mobile services on a primary
basis for exclusive Federal Government use. See 47 CFR 80.371(c)(1)(ii)
for the definitions of VPCSAs.
* * * * *
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 80.5 is amended by adding an entry for ``Automatic
Identification Systems (AIS)'' in alphabetical order to read as
follows:
Sec. 80.5 Definitions.
* * * * *
Automatic Identification Systems (AIS). A maritime navigation
safety communications system standardized by the International
Telecommunication Union (ITU) that provides vessel information,
including the vessel's identity, type, position, course, speed,
navigational status and other safety-related information automatically
to appropriately equipped shore stations, other ships, and aircraft;
receives automatically such information from similarly fitted ships;
monitors and tracks ships; and exchanges data with shore-based
facilities.
* * * * *
5. Section 80.13 is amended by revising paragraph (c) to read as
follows:
Sec. 80.13 Station license required.
* * * * *
(c) A ship station is licensed by rule and does not need an
individual license issued by the FCC if the ship station is not subject
to the radio equipment carriage requirements of any statute, treaty or
agreement to which the United States is signatory, the ship station
does not travel to foreign ports, and the ship station does not make
international communications. A ship station licensed by rule is
authorized to transmit radio signals using a marine radio operating in
the 156-162 MHz band, any type of AIS, any type of EPIRB, and any type
of radar installation. All other transmissions must be authorized under
a ship station license. Even though an individual license is not
required, a ship station licensed by rule must be operated in
accordance with all applicable operating requirements, procedures, and
technical specifications found in this part.
6. Section 80.371 is amended by revising paragraphs (c)(1)(i),
(c)(2) and (c)(3) to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) Working frequencies in the marine VHF 156-162 MHz band. (1)(i)
The frequency pairs listed in the following table are available for
assignment to public coast stations for public correspondence
communications with ship stations and units on land.
Working Carrier Frequency Pairs in the 156-162 MHz Band \1\
------------------------------------------------------------------------
Carrier frequency
(MHz)
Channel designator -------------------------
Ship Coast
transmit transmit
------------------------------------------------------------------------
24............................................ 157.200 161.800
84............................................ 157.225 161.825
25............................................ 157.250 161.850
85 \2\........................................ 157.275 161.875
26............................................ 157.300 161.900
86............................................ 157.325 161.925
27............................................ 157.350 161.950
87 \3\........................................ 157.375 157.375
28............................................ 157.400 162.000
88 \4\........................................ 157.425 157.425
------------------------------------------------------------------------
\1\ For special assignment of frequencies in this band in certain areas
of Washington State, the Great Lakes and the east coast of the United
States pursuant to arrangements between the United States and Canada,
see subpart B of this part.
\2\ The frequency pair 157.275/161.875 MHz is available on a primary
basis to ship and public coast stations. In Alaska it is also
available on a secondary basis to private mobile repeater stations.
\3\ Within VHF Public Coast Station Areas (VPCSAs) 1 through 9 listed in
the table in paragraph (c)(1)(ii) of this section, the frequency
161.975 MHz may be used only for Automatic Identification System
communications.
\4\ Within that portion of VHF Public Coast Station Areas (VPCSAs) 1
through 9 listed in the table in paragraph (c)(1)(ii) of this section
within 120 km (75 miles) of the United States/Canada border, in the
area of the Great Lakes, the Saint Lawrence Seaway, and the Puget
Sound and the Strait of Juan de Fuca and its approaches, the frequency
157.425 MHz is available for use by ship stations for public
correspondence communications and the frequency 162.025 MHz is
available only for Automatic Identification System communications. One
hundred twenty kilometers (75 miles) from the United States/Canada
border 157.425 MHz is available for intership and commercial
communications. Outside the Puget Sound area and its approaches and
the Great Lakes, 157.425 MHz is available for communications between
commercial fishing vessels and associated aircraft while engaged in
commercial fishing activities.
* * * * *
(2) Any recovered channel pairs will revert automatically to the
holder of the VPCSA license within which such channels are included,
except the channel pairs listed in the table in paragraph (c)(1)(i) of
this section. Those channel pairs, and any channel pairs recovered
where there is no VPCSA licensee, will be retained by the Commission
for future licensing.
(3) VPCSA licensees may not operate on Channel 228B (162.0125 MHz),
which is available for use in the Coast Guard's Ports and Waterways
Safety System (PAWSS). In addition, VPCSA licensees in VPCSAs 1-9 may
not operate on Channel AIS 1 (161.975 MHz) or Channel AIS 2 (162.025
MHz), which are designated in those areas exclusively for Automatic
Identification Systems (AIS), except to transmit and receive AIS
communications to the same extent, and subject to the same limitations,
as other shore stations participating in AIS.
* * * * *
7. Section 80.373 is amended by revising paragraph (j) to read as
follows:
Sec. 80.373 Private communications frequencies.
* * * * *
(j) Frequencies for portable ship stations. VHF frequencies
authorized for stations authorized carrier frequencies in the 156.275
MHz to 157.450 MHz and 161.575 MHz to 162.025 MHz bands may also be
authorized as marine utility stations. Marine-utility stations on shore
must not cause interference to any Automatic Identification System, VHF
or coast station, VHF or UHF land mobile base station, or U.S.
Government station.
8. Section 80.393 is added to read as follows:
Sec. 80.393 Frequencies for AIS stations.
Automatic Identification Systems (AIS) is a maritime broadcast
service provided by both the United States
[[Page 65577]]
Coast Guard and Commission licensees. The simplex channels at 161.975
MHz (AIS 1) and 162.025 MHz (AIS 2), each with a 25 kHz bandwidth, may
be authorized in VHF Public Coast Station Areas 1-9 for AIS. These
areas are codified at 47 CFR 80.371(c)(1)(ii). In accordance with the
Maritime Transportation Security Act, the United States Coast Guard
regulates AIS carriage requirements for non-Federal Government ships.
These requirements are codified at 33 CFR 164.46, 401.20.
[FR Doc. 04-25289 Filed 11-12-04; 8:45 am]
BILLING CODE 6712-01-P