**DA 03-3585**

**Released: November 7, 2003**

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON\
MARITEL, INC. PETITION FOR DECLARATORY RULING AND NATIONAL
TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION PETITION FOR
RULEMAKING REGARDING THE USE OF MARITIME VHF CHANNELS 87B AND 88B**

Comment Date: December 1, 2003 Reply Date: December 11, 2003

On October 15, 2003, MariTEL, Inc. (Maritel) filed an emergency petition
for declaratory ruling regarding the use of VHF maritime Channels 87B
(161.975 MHz) and 88B (162.025 MHz).[^1] Specifically, Maritel seeks a
ruling that shipborne Automatic Identification System (AIS)[^2]
transmitters may not operate on channels 87B and 88B or any other
channel designated for use by VHF public coast (VPC) shore stations.
Maritel requests a ruling that AIS use of these channels by ship
stations would violate Section 80.371(c) of the Commission's Rules, 47
C.F.R. § 80.371(c). It states this ruling is necessary to remove any
uncertainty regarding the use of those channels caused by the previous
release of two public notices regarding the use of the channels and the
certification of AIS transceivers. It states that shipborne transmission
of AIS messages on these channels will cause destructive interference to
Maritel's and incumbent licensees' operations.

On October 24, 2003, the National Telecommunications and Information
Administration (NTIA), an executive branch agency within the Department
of Commerce, filed a petition for rulemaking urging the Commission to
work with the NTIA to allocate Channels 87B and 88B exclusively for AIS
use by both Federal Government and non-Federal Government users on a
shared basis nationwide.[^3] Specifically, NTIA proposes that the
Commission delete note US223 to the Table of Allocations, 47 C.F.R. §
2.106 n.US223, and replace it with a new footnote allocating Channels
87B and 88B exclusively for AIS use; and amend Section 80.371(c)(3) of
its Rules, 47 C.F.R. § 80.371(c)(3), regarding what channels VPC
licensees must make available for AIS use. NTIA argues that these
channels are necessary in the United States for AIS operations essential
for maritime safety and homeland security.

By way of background, the International Maritime Organization Maritime
Safety Committee approved carriage requirements for shipborne AIS
equipment to be phased in beginning July 1, 2002. Channels 87B and 88B
are allocated internationally for AIS use pursuant to the World Radio
Conference of 1997 (WRC-97), but Administrations may use other channels
if Channels 87B or 88B are not available. In 1998, the Commission
declined to designate specific frequencies for AIS use in the United
States. Instead, it required VPC geographic licensees in maritime areas
to negotiate with the U.S. Coast Guard (Coast Guard) regarding what
channels to select for AIS use.[^4] The Commission also provided that it
would revisit the issue and select the channels if good faith
negotiations did not yield an agreement. Maritel was the high bidder for
each VPC geographic license in maritime areas, and the licenses were
awarded in 1999. In 2001, the Coast Guard and Maritel agreed to
designate frequencies 157.375 and 161.975 MHz for AIS use. In 2002, NTIA
approved the use of Channel 88B for AIS. Consequently, the Commission's
Wireless Telecommunications Bureau and Office of Engineering and
Technology released public notices announcing that ship station AIS
operations on Channels 87 and 88 would be deemed to be authorized under
existing ship licenses, and announcing procedures for certification of
AIS equipment.[^5] In 2003, however, Maritel terminated the agreement
with the Coast Guard.

Interested parties may file comments on the Maritel petition and/or the
NTIA petition on or before December 1, 2003. Parties interested in
submitting reply comments must do so on or before December 11, 2003. All
comments should reference the subject request including the DA number of
this Public Notice and the RM number of the NTIA petition (RM-10821),
and should be filed with the Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., TW-325, Washington,
D.C. 20554.[^6] A copy of each filing also should be sent to 1) Qualex
International, Inc., Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554; 2) Maria Ringold, Federal Communications
Commission, Consumer and Governmental Affairs Bureau, Reference
Information Center (RIC), 445 Twelfth Street, S.W., Room CY-B529,
Washington, D.C. 20554; 3) Tim Maguire, Federal Communications
Commission, Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, 445 Twelfth Street, S.W., Room 4-C342,
Washington, D.C. 20554; and 4) Jeffrey Tobias, Federal Communications
Commission, Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, 445 Twelfth Street, S.W., Room 2-C828,
Washington, D.C. 20554.

The Maritel and NTIA petitions, and responsive comments and reply
comments, will be available for inspection and duplication during
regular business hours in the Reference Information Center (RIC) of the
Consumer Information Bureau (CIB), Federal Communications Commission,
445 12^th^ Street, S.W., Room CY-A257, Washington, D.C. 20554. Copies
may also be obtained from the Commission's duplicating contractor,
Qualex International, Inc., Portals II, 445 12^th^ Street, S.W., Room
CY-B402, Washington, D.C. 20554, (202) 863-2893, facsimile (202)
863-2898, or via e-mail <qualexint@aol.com>. For further information
regarding the public reference file for this request, contact Maria
Ringold, Chief, Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the *ex parte* rules, *see* Sections 1.1200(a) and
1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather
than a restricted proceeding under Section 1.1208 of the Commission's
Rules, 47 C.F.R. § 1.1208. Therefore, any *ex parte* presentations that
are made with respect to the issues involved in the subject request,
subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section
1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Tim Maguire or Jeffrey Tobias of the
Public Safety and Private Wireless Division of the Wireless
Telecommunications Bureau at (202) 418-0680, TTY (202) 418-7233 or via
email to <Tim.Maguire@fcc.gov> or <Jeff.Tobias@fcc.gov>.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

-FCC-

[^1]: Emergency Petition for Declaratory Ruling (filed Oct. 15, 2003).
    Maritel filed a supplement to the petition on October 27, 2003. In
    addition, Maritel previously filed a petition for declaratory ruling
    regarding whether Channel 88 is available for Federal Government use
    above Line A. *See* Wireless Telecommunications Bureau Seeks Comment
    on Maritel, Inc. Petition for Declaratory Ruling Regarding the Use
    of Maritime VHF Channel 88, *Public Notice*, 18 FCC Rcd 14250 (WTB
    PSPWD 2003). That request remains pending.

[^2]: The AIS is a VHF ship-ship/ship-shore transponder system using
    self-organizing time division multiple access techniques to assist
    ships in navigation and collision avoidance, especially in congested
    waters. AIS is intended to provide a ship\'s identity, position,
    course and speed, among other things.

[^3]: Letter dated Oct. 24, 2003 from Fredrick R. Wentland, Associate
    Administrator, Office of Spectrum Management, NTIA to John B.
    Muleta, Chief, Wireless Telecommunications Bureau, RM-10821.

[^4]: 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, 19875-76 ¶¶ 48-49
    (1998).

[^5]: Wireless Telecommunications Bureau Announces Use of An Additional
    Frequency for the United States Coast Guard's Ports and Waterways
    Safety System, *Public Notice*, 17 FCC Rcd 10960 (WTB PSPWD 2002);
    Applications for Equipment Authorization of Universal Shipborne
    Automatic Identification Systems To Be Coordinated with the U.S.
    Coast Guard to Ensure Homeland Security, *Public Notice*, 17 FCC Rcd
    11983 (OET 2002).

[^6]: The address for FCC locations should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).