Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | PR Docket No. 92-257         |
|                                  | * |                              |
| Amendment of the Commission's    | ) |                              |
| Rules                            | * |                              |
|                                  | * |                              |
| Concerning Maritime              |   |                              |
| Communications                   | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**FOURTH FURTHER NOTICE OF PROPOSED RULE MAKING**

**Adopted: December 11, 2001 Released: December 28, 2001**

**Comment Date:** \[60 days after Federal Register publication\]

**Reply Comment Date:** \[90 days after Federal Register publication\]

By the Commission:

**TABLE OF CONTENTS**

**Paragraph**

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. BACKGROUND 2

III\. DISCUSSION 5

A.  Distress Communications 5

B.  Frequency Assignments 9

```{=html}
<!-- -->
```
1.  Specification of 12.5 kHz Channels 9

2.  Use of Additional VHF Channels 12

3.  Automatic Identification Systems 15

C. Technical and Operational Matters 18

1.  Emission Masks and Designators for Data Services 18

2.  Station Identification 20

D. Miscellaneous Issues 21

1.  Station Documents 21

2.  Filing Requirements 24

IV\. PROCEDURAL MATTERS 27

A. Regulatory Flexibility Act 27

B. Paperwork Reduction Analysis 28

C. Ex Parte Rules \-- Permit-But-Disclose Proceeding 29

D. Comment Dates 30

E. Ordering Clauses 34

F. Contact for Information 37

**Page**

APPENDICES A-1

APPENDIX A - REGULATORY FLEXIBILITY ANALYSIS A-1

APPENDIX B - PROPOSED RULES B-1

**I. INTRODUCTION AND EXECUTIVE SUMMARY**

1.  In the *Third Report and Order and Memorandum Opinion and Order* in
    this proceeding, the Commission amended its rules to permit VHF
    public coast (VPC) licensees to operate on 12.5 kHz offset
    frequencies where they are authorized to operate on both 25 kHz
    frequencies adjacent to the offset frequency.[^1] In this *Fourth
    Further Notice of Proposed Rule Making*, we address the
    recommendations filed by VPC licensee Maritel, Inc. (Maritel) and
    the United States Coast Guard (Coast Guard) regarding this and other
    matters regarding VPC operations. Specifically, we seek comment on
    the following:

-   Our tentative conclusions not to include the 12.5 kHz offset
    channels in our table of frequencies for VPC; and not to propose
    occupied bandwidth, emission mask, and related regulations that
    would govern the operation of VPC stations that employ 12.5 kHz
    narrowband channels.

-   Our tentative conclusion to reject Maritel's recommendation that
    geographic area VPC licensees be required to retain a watch only (1)
    after the licensee's construction requirement has passed or a
    licensee has actually constructed facilities in an area; and (2) the
    licensee receives written notification from the Coast Guard that a
    watch should be maintained.

-   Whether Part 90 public safety entities will be adversely affected by
    the reallocation of nine VHF channel pairs to VPC licensing.

-   Our proposal to allow the Coast Guard and VPC licensees the
    additional flexibility to choose non-offset, as well as offset,
    channel pairs when negotiating an agreement regarding the
    specification of two narrowband channel pairs that will be used by
    the Coast Guard for its Ports and Waterways Safety System
    (PAWSS).[^2]

-   Our proposal to expand the types of emission masks and designators
    permissible under Part 80 of the Commission's Rules in order to
    allow VPC licensees to provide a full range of data services.

-   Whether to eliminate the station identification requirement for
    geographic area VPC licensees.

-   Our proposals to allow public coast stations to maintain station
    documents via electronic means, and to limit the posting requirement
    for VPC geographic area licensees to a document identifying the
    licensee and a representative that may be contacted to answer any
    questions regarding the operation of a particular station
    transmitter.

**II. BACKGROUND**

2.  The Maritime Radio Services provide for the unique distress,
    operational, and personal communications needs of vessels at sea and
    on inland waterways.[^3] There are two types of coast stations:
    public coast stations and private coast stations. Public coast
    stations are commercial mobile radio service (CMRS) facilities that
    allow ships at sea to send and receive messages and to interconnect
    with the public switched network.[^4] Each public coast station has
    exclusive use of one or more public correspondence channels within
    its service area or region of operation. By contrast, private coast
    stations operate on shared frequencies to serve vessels\' business
    and operational needs, and licensees may not charge fees for the
    provision of communications services. Both public and private coast
    stations may use very high frequency (VHF) band frequencies to serve
    a port or coastal area; or low frequency (LF), medium frequency
    (MF), and high frequency (HF) band frequencies to serve vessels on
    the high seas, often hundreds or even thousands of miles from land.
    Maritime frequencies are allocated internationally by the
    International Telecommunication Union (ITU) to facilitate
    interoperable radio communications among vessels of all nations and
    stations on land worldwide.

3.  On July 9, 1998, the Commission released a *Third Report and Order
    and Memorandum Opinion and Order* (*Third Report and Order*) in this
    proceeding, in which it adopted rules to utilize a geographic area
    licensing approach for VPC stations.[^5] The Commission designated
    forty-two licensing regions, known as VHF Public Coast Station Areas
    (VPCSA).[^6] The new rules provided for a single licensee for all
    unassigned VHF public correspondence channels in each area to be
    selected by competitive bidding.[^7] The Commission permitted the
    continued operation of incumbents using VPC station spectrum, and
    required incumbents and geographic area licensees to afford each
    other interference protection.[^8] In accordance with the *Third
    Report and Order*, the Commission conducted an auction of the
    forty-two VPC licenses from December 3, 1998, to December 14,
    1998.[^9] On May 19, 1999, twenty-six VPC licenses were granted by
    the Commission.[^10] On June 13, 2001, the Commission completed the
    auction for the remaining sixteen VHF public coast licenses.[^11]
    Maritel is the geographic licensee for VPCSAs 1-9, which
    collectively encompass the Atlantic, Pacific, and Gulf Coasts; the
    Mississippi River system; and Alaska and Hawaii.[^12]

4.  On March 24, 2000, the Commission released a *Notice of Proposed
    Rulemaking* (*NPRM*) in WT Docket No. 00-48 that proposed rule
    changes that were intended to consolidate, revise and streamline the
    Commission's Rules governing maritime communications, pursuant to
    requests from the National Global Maritime Distress Safety System
    (GMDSS)[^13] Implementation Task Force and Globe Wireless, Inc.[^14]
    These changes were proposed to address new international maritime
    requirements, improve the operational ability of all users of marine
    radios and remove unnecessary or duplicative requirements from the
    Commission's Rules.[^15] In response to this *NPRM*, the Commission
    received comments from, among others, Maritel and the Coast Guard.
    To the extent that these comments relate to public coast station
    issues, rather than GMDSS implementation, we believe that the
    present proceeding offers the more appropriate forum for their
    resolution. Consequently, we have incorporated these comments in WT
    Docket No. 00-48 into the record of PR Docket No. 92-257.[^16]

**III. DISCUSSION**

A.  **Distress Communications**

```{=html}
<!-- -->
```
5.  VPC stations are part of an international safety system intended to
    provide assistance to vessels in distress. Vessel operators use
    marine VHF Channel 16 (156.8 MHz) in the same manner that landline
    telephone subscribers dial "911" in an emergency. VPC stations, as
    well as other nearby vessels, respond to the vessel operators'
    distress messages and then relay the messages to local search and
    rescue authorities. The Coast Guard, which is responsible for search
    and rescue operations at sea and on inland waterways in the United
    States, monitors VHF Channel 16 for these distress messages.

6.  Currently, the Commission requires site-based as well as geographic
    area VPC licensees to maintain a continuous safety watch on VHF
    Channel 16 unless exempted.[^17] Under Section 80.303(b), a VPC
    licensee is exempted if a federal, state, or local government
    station maintains such a watch over 95 percent of the VPC licensee's
    service area.[^18] Maritel suggests that the Commission amend its
    regulations so that geographic area VPC licensees are required to
    maintain a Channel 16 safety watch only (1) after the licensee's
    construction requirement has passed or a licensee has actually
    constructed facilities in an area; and (2) the licensee receives
    written notification from the Coast Guard that a watch should be
    maintained.[^19] The Coast Guard opposes Maritel's proposed
    amendment, and states that VPC licensees are already relieved of the
    VHF Channel 16 safety watch requirement to a great extent because of
    the exemption.[^20] It believes that once its new VHF National
    Distress and Response System Modernization Project is implemented,
    many more VPC licensees will be eligible for the exemption.[^21]

7.  We believe that it is unnecessary to propose that a watch be
    required only after the licensee's construction requirement has
    passed or a licensee has actually constructed facilities in an area,
    because the Commission presently requires that a watch be maintained
    during a station's "hours of operation."[^22] The phrase "hours of
    operation" clearly implies that a licensee is subject to watch
    requirements only when there is a fully constructed station.
    Furthermore, due to the important purpose of the VHF Channel 16
    safety watch (*i.e.*, to ensure that distress calls outside of the
    service area of a federal, state, or local government station, but
    within a VPC licensee's service area, are heard), we believe that
    the onus should be on the licensee of the public coast station to
    immediately initiate and maintain the watch, rather than to wait for
    written notification from the Coast Guard, as Maritel recommends. We
    seek comment on our tentative conclusion to reject Maritel's
    recommendation.

8.  The Coast Guard recommends that VPC licensees be required to notify
    it in advance of any station relocation that will affect the
    licensee's VHF Channel 16 safety watch responsibility, whether or
    not the licensee is subject to the exemption.[^23] In addition,
    Maritel recommends that when a VPC licensee (both exempted and
    non-exempted) discontinues service, and such licensee is providing a
    watch under Section 80.303 of the Commission's Rules,[^24] the
    licensee should be required to notify the Coast Guard thirty days in
    advance of such discontinuance.[^25] We do not believe that adoption
    of the Coast Guard and Maritel's recommendations is necessary
    because the Commission already requires that notification be made by
    the licensee to the nearest district office of the Coast Guard
    thirty days prior to discontinuing the watch pursuant to the
    exemption of Section 80.303(b);[^26] and as soon as practicable when
    changes occur in the operation of a public coast station, which
    includes discontinuance, reduction or suspension of a VHF Channel 16
    safety watch.[^27] Neither commenter has indicated that the Coast
    Guard is getting insufficient notice under the current regulatory
    framework. For the foregoing reasons, we believe that the
    recommendations of both Maritel and the Coast Guard are sufficiently
    satisfied by these existing rules. Nevertheless, we propose that
    Section 80.302(a) be amended so that it also requires notification
    to the Coast Guard be made as soon as practicable when a VPC station
    with VHF Channel 16 safety watch responsibility is relocated. We
    seek comment on our tentative conclusions.

```{=html}
<!-- -->
```
B.  **Frequency Assignments**

```{=html}
<!-- -->
```
1.  **Specification of 12.5 kHz Channels**

```{=html}
<!-- -->
```
9.  The basic channelization for VPC spectrum is set forth in the ITU
    Radio Regulations as 25 kHz.[^28] However, after the ITU authorized
    the use of 12.5 kHz (narrowband) channels to relieve local
    congestion, the Commission decided to permit VPC licensees to
    operate on 12.5 kHz offset frequencies where their station is
    authorized to operate on both 25 kHz frequencies adjacent to the
    offset frequency.[^29] The Commission, however, did not adopt
    technical rules to govern 12.5 kHz operation. Maritel states that it
    wants to conduct narrowband operations, but cannot because of the
    absence of such technical regulations.[^30] It recommends that the
    Commission include the 12.5 kHz offset channels in the VPC table of
    frequencies.[^31] It also recommends that the Commission amend Part
    80 by adopting the occupied bandwidth, emission mask and related
    regulations that govern the operation of stations that employ 12.5
    kHz narrowband channels from our Part 90 Rules.[^32]

10. The Commission's intent when it adopted the rule permitting offset
    operations without also adopting technical rules for narrowband
    operations was to leave such matters to the licensee's discretion,
    provided that the emissions are attenuated at the edge of the
    licensee's contiguous 25 kHz channels. Thus, we disagree with
    Maritel's conclusion that offset operations are prohibited absent
    additional technical regulations. We instead believe that the lack
    of specific regulation in this area affords licensees with greater
    flexibility to initiate offset operations. Therefore, we conclude
    that technical flexibility should be maintained and that Maritel's
    recommended regulations not be imposed. We note that under the
    current approach there have been very few complaints regarding
    interference caused by VPC stations. We believe that as long as VPC
    licensees remain aware that the transmitted signal needs to be
    attenuated at the edge of the contiguous channels, the risk of
    interference should remain slight. We seek comment on our tentative
    conclusion. Commenters who are in agreement with Maritel should
    address whether any requirements it proposes are consistent with
    existing international standards.[^33]

11. Although we disagree with Maritel that its recommended regulations
    are essential to the provision of narrowband operations, we note
    that Section 80.213(d) of our Rules currently provides that maritime
    VHF transmitters "must be capable of proper operation with a
    frequency deviation of +/- 5 kHz when using any emission authorized
    by § 80.207."[^34] To avoid any uncertainty as to whether this
    provision requires a frequency deviation of +/- 5 kHz, which would
    not be compatible with 12.5 kHz narrowband operations,[^35] or
    instead permits any frequency deviation up to +/- 5 kHz, we propose
    to revise the rule to provide that the equipment "must be capable of
    proper operation with a frequency deviation that does not exceed +/-
    5 kHz ."[^36] We seek comment on this proposal. We also seek comment
    on our proposal to amend our Rules to make clear that offset
    operations require Canadian coordination whenever operation on
    either adjoining 25 kHz channel would require Canadian coordination.

**2. Use of Additional VHF Channels**

12. There are currently ten 25 kHz channel pairs in the 157.200-157.425
    MHz (ship transmit) and 161.800-162.025 MHz (coast transmit) bands
    assignable to VPC stations for public correspondence, though there
    is no area where all ten are assignable to U.S. VPC stations.[^37]
    Maritel proposes that the Commission reallocate nine channel pairs
    in the 156.0375-156.2375 MHz band and the 160.6375-160.8375 MHz
    band[^38] (already designated on an international basis for public
    correspondence use) for VPC stations on a domestic basis.[^39]
    Maritel argues that reallocation is needed because there are
    currently fewer channels available for VPC operations in the United
    States than there are in other countries.[^40] It also argues that a
    reallocation of the nine channel pairs would harmonize United States
    allocations with the international community.[^41]

13. Three of Maritel's recommended frequencies are currently allocated
    for Part 90 public safety use,[^42] and three others are currently
    allocated for Part 90 Industrial/Business use.[^43] Maritel states
    that there is extremely light demand for these six frequencies from
    Part 90 eligibles.[^44] The remaining twelve frequencies that
    Maritel requests for maritime use do not have a current Part 90
    allocation, but are adjacent to channels that are allocated for Part
    90 public safety or Part 90 Industrial/Business use. Maritel
    suggests that we "grandfather" the incumbents so that their
    operations are protected from newly authorized VPC licensees, or
    develop a transition scheme that would conclude with Part 90
    incumbent operations becoming secondary to VPC operations.[^45]
    Maritel believes that a reallocation will cause minimal impact on
    Part 90 public safety licensees because the Commission has provided
    such licensees with additional spectrum in higher frequency
    bands.[^46] Finally, Maritel requests that the Commission
    immediately freeze the further licensing of this spectrum as a
    prelude to an auction.[^47]

14. Although, as Maritel suggests, some Part 90 public safety licensees
    will eventually relocate to frequency bands that are higher than the
    VHF spectrum in order to enjoy the benefits of more sophisticated
    handsets,[^48] we note that VHF spectrum is still considered ideal
    for many public safety entities because its propagation
    characteristics can ensure coverage to a wide service area. We also
    note that the higher frequency band referenced by Maritel, 746-806
    MHz, is still encumbered by incumbent broadcast television
    licensees, which do not have to vacate this band until the
    conclusion of the digital television transition period, December 31,
    2006 at the earliest.[^49] For these reasons, we conclude that we
    should not propose to adopt Maritel's recommended reallocation
    approach with respect to these channel pairs without first assessing
    the demand for this spectrum from Part 90 public safety
    eligibles.[^50] Therefore, we seek comment on whether public safety,
    as opposed to maritime, has a greater immediate need for this VHF
    spectrum. We also seek comment on Maritel's recommended treatment of
    public safety incumbents if reallocation of these nine channel pairs
    to VPC is ultimately adopted. Finally, we seek comment on our
    tentative conclusion that a freeze of this spectrum as a prelude to
    a VPC auction is not needed to maintain the regulatory landscape
    because there is no reason to expect any upsurge in licensing
    activity on these frequencies pending the resolution of this
    proceeding.

**3. Automatic Identification Systems**

15. Our Rules currently require that each licensee of VHF Public Coast
    Service Areas 1-9 enter into an agreement with the Coast Guard to
    specify two 12.5 kHz offset channel pairs that will be used by the
    Coast Guard for Automatic Identification Systems (AIS)[^51] and
    related systems, in support of PAWSS, which will provide Vessel
    Traffic Services to facilitate the safe and efficient transit of
    vessel traffic to prevent collisions, groundings, and environmental
    damage associated with maritime accidents.[^52] Maritel requests
    that Section 80.371(c)(3) of the Commission's Rules be amended in
    order to provide VPC licensees and the Coast Guard with the
    additional flexibility to enter into an agreement that specifies
    "non-offset," rather than offset, channel pairs, if the parties so
    desire.[^53]

16. The Commission chose a method of negotiation for determining the
    offset channel pairs, rather than pre-selecting channel pairs during
    the rulemaking proceeding, because it envisioned that such approach
    would provide both the Coast Guard and the VPC licensee with more
    flexibility.[^54] The Commission's decision to specify that two
    channel pairs offset 12.5 kHz from the VHF band public
    correspondence channels be used for PAWSS was premised on the
    expectation that VPC licensees would prefer to retain all of their
    non-offset channels. We now agree with Maritel that the parties
    should be able to specify non-offset channel pairs if it is mutually
    agreeable. We seek comment on our proposal to adopt Maritel's
    recommendation. We also seek comment on whether, given that Maritel
    and the Coast Guard already have reached an agreement regarding
    PAWSS channels, the proposed amendment is moot.

17. In addition, we note that the Coast Guard commented on other AIS
    issues, such as equipment certification and technical rules.[^55]
    Specifically, it requested that the Commission develop the necessary
    regulations to ensure that properly certified AIS equipment tested
    by an independent test facility is available to meet International
    Maritime Organization and Coast Guard vessel carriage
    regulations.[^56] Therefore, we now seek comment generally on these
    and any other aspects of AIS implementation.

> **C. Technical and Operational Matters**

**1. Emission Masks and Designators for Data Services**

18. Maritel states that the Commission's Part 80 rules currently do not
    permit the full range of possible data services.[^57] In this
    regard, it argues that the Commission should adopt emission
    masks[^58] and designators for such data services.[^59]
    Specifically, Maritel suggests that any emission mode be permitted
    in Part 80 so long as the applicable mask limits are satisfied.[^60]
    Maritel recommends that the Commission adopt, for use under Part 80,
    the emission mask requirements now applicable to transmitters
    accepted for use under Part 90.[^61]

19. When formulating emission mask standards, the Commission endeavors
    to select out-of-band emission limits that will provide acceptable
    adjacent channel protection.[^62] The Commission uses designators to
    identify what emissions are most likely to cause interference and
    what emissions are most sensitive to interference. However, we also
    seek to afford licensees with the broadest range of options to
    provide the services permitted in a particular radio service. We
    believe that expanding the data emissions permissible under Part 80
    is in the public interest. We seek comment on our proposal to adopt
    emission masks and designators for the full range of possible data
    services as Part 90 licensees may offer.[^63]

**2. Station Identification**

20. All maritime stations, including public coast stations, must provide
    station identification[^64] at the beginning and end of each
    radiotelephone communication with any other station, and then once
    every fifteen minutes in between.[^65] Maritel notes that the
    Commission has already eliminated and streamlined the rules
    governing station identification requirements for other CMRS
    providers in instances where there is a single licensee operating on
    a particular channel in a Commission-defined service area, and
    argues that VPC licensees should receive similar treatment.[^66]
    Specifically, it recommends that only incumbent site-specific
    licensees be required to engage in station identification.[^67] It
    contends that the Commission or other competent authority will
    always be able to assume that the use of a particular VPC channel
    will occur by the geographic area licensee, unless the site-specific
    licensee identifies itself.[^68] Maritel adds that, in the case of
    any coast station that utilizes digital selective calling
    (DSC),[^69] the unique coast station identification will
    automatically be transmitted,[^70] so active station identification
    on the part of the VPC licensee is not necessary for the recipient
    of the communication to know with what station it is communicating.
    Finally, Maritel notes that the Commission has decided to forbear
    from the station identification requirements for AMTS, another Part
    80 service.[^71] We seek comment on Maritel's request. Commenters
    are encouraged to address whether issues, such as the current
    quantity of site-based VPC stations or the differences between the
    VPC and AMTS services,[^72] render VPC distinguishable from those
    services where the Commission no longer requires station
    identification (*e.g.*, 929-930 MHz nationwide paging licensees or
    EA-based specialized mobile radio licensees).[^73]

> **D. Miscellaneous Issues**
>
> **1. Station Documents**

21. Maritel contends that compared to other CMRS providers, public coast
    stations are overburdened with requirements regarding what station
    documents need to be maintained and displayed.[^74] Maritel
    recommends that, at a minimum, the Commission should allow station
    documents to be maintained electronically at a licensee's primary
    office or available to the Commission via secured access to the
    licensee's Internet web site.[^75] It argues that the Commission's
    Rules should recognize that the requirements for data retention can
    be satisfied by the automatic logging capability of DSC-compatible
    systems.[^76] Maritel also contends that the Commission requirement
    to post a current station authorization or a copy at the principal
    control point of each station[^77] is burdensome in its case because
    it has nine geographic area licenses each of which can cover
    hundreds of transmitter sites.[^78] Therefore, it suggests that the
    posting requirement be limited to a document identifying the
    licensee, where the license is maintained, and a telephone number of
    a representative of the licensee that may be contacted to answer any
    questions regarding the operation of the particular
    transmitter.[^79]

22. The purpose of the station log requirements is to maintain a steady
    record of equipment performance and the details of distress
    communications.[^80] Logs relating to distress communications must
    be made available for authorized Commission staff and be retained
    for a period of three years.[^81] Electronic record keeping, as
    Maritel suggests, may offer conveniences for both the VPC licensee
    and the Commission. We believe that electronic record keeping,
    particularly when done by DSC-compatible systems, minimizes the risk
    of inadvertent data entry error.[^82] Furthermore, provision of such
    information via secured access to the licensee's web page would
    provide the Commission with quick and easy access. For the foregoing
    reasons, we propose to adopt Maritel's request that VPC licensees be
    permitted to maintain records via electronic means.[^83] To the
    extent these records are intended to be used only by Commission
    staff or for other official purposes, we tentatively conclude that
    questions of accessibility to electronic records to other persons or
    entities are not raised. We note, however, that other federal
    agencies have occasion to inspect station logs. For example, the
    Coast Guard and the National Transportation Safety Board sometimes
    refer to station logs as part of their accident investigations.
    Therefore, in addition to seeking comment on our proposal, we seek
    comment on whether electronic record keeping would be sufficient for
    these purposes. We also seek comment on whether any other entities,
    including state and local public safety organizations, rely on these
    records and, if so, whether these entities would find electronic
    records adequate.

23. The intent of the posting requirement is to provide a means for
    representatives of the Commission to ensure that a particular
    station is authorized to use the equipment.[^84] Because there may
    be many stations authorized under a single geographic area VPC
    license, it may be appropriate that VPC licensees be treated
    slightly different from individual ship station licensees with
    regard to the posting requirement. For that reason, we propose to
    adopt Maritel's recommendation because we believe it will reduce the
    regulatory burden on VPC licensees while still ensuring that the
    vital information inherent in the posting requirement (*i.e.*,
    location of the license, and telephone number of the licensee's
    representative) will still be maintained at each particular station.
    We note that Part 90 private land mobile radio services are already
    governed by the type of posting requirement that we are proposing
    here.[^85] We seek comment on our proposal.

**2. Filing Requirements**

24. In the *CMRS 2nd R&O*, the Commission classified all public coast
    stations as CMRS providers.[^86] As part of that same action, the
    Commission exercised forbearance from enforcing the tariff filing
    obligations of Section 203 of the Communications Act of 1934, as
    amended (Act),[^87] with respect to most domestic CMRS providers
    because it viewed CMRS as generally competitive.[^88] The Commission
    also exercised its authority to forbear from Section 214[^89] of the
    Act with respect to discontinuance of service.[^90]

25. Based on these Commission decisions to forbear, Maritel recommends
    that Section 80.95(a)(1) of the Commission's Rules ("charges must
    not be made for service provided by any public coast station unless
    tariffs for the service are on file with the Commission"[^91]) be
    amended to provide that public coast licensees should not be
    required to file tariffs for domestic services and for international
    services, unless there is an affiliation with a foreign
    carrier.[^92] Maritel also recommends the elimination of Section
    80.471 of the Commission's Rules ("a public coast station must not
    discontinue or impair service unless authorized to do so by the
    Commission"[^93]).[^94] Maritel argues that this requirement is
    inconsistent with the way other CMRS licensees are treated.[^95]

26. We tentatively conclude that we should decline to adopt Maritel's
    recommendations for the following reasons. The Commission generally
    does not revise its service rules to eliminate requirements from
    which it is forbearing. We note that what Maritel recommends is
    already in effect. VHF public coast stations are domestic CMRS
    providers,[^96] which, under Section 20.15 of the Commission's
    Rules, are not required to file tariffs or submit applications for
    discontinuance of existing facilities.[^97] Therefore, pursuant to
    this rule, domestic public coast licensees are being treated in the
    same manner as other CMRS licensees. Furthermore, the Part 80 rules
    regarding discontinuance of service must remain in effect because
    the Commission has not exercised Section 214 forbearance for
    international CMRS providers, such as high seas public coast
    stations.[^98] Consequently, we propose not to adopt Maritel's
    recommendations, but instead to add to Sections 80.95 and 80.471 a
    cross-reference to Section 20.15.

**IV. PROCEDURAL MATTERS**

**A. Regulatory Flexibility Act**

27. Appendix A contains an Initial Regulatory Flexibility Analysis
    (IRFA) with respect to the *Fourth Further Notice of Proposed Rule
    Making*. As required by the Regulatory Flexibility Act,[^99] the
    Commission has prepared the analysis of the possible impact on small
    entities of the rules and proposed rules set forth in this document.
    Written public comments are requested on the IRFA. These comments
    must be filed in accordance with the same filing deadlines as
    comments on the rest of the *Fourth Further Notice of Proposed Rule
    Making*, but they must have a separate and distinct heading
    designating them as responses to the IRFA. The Commission's Consumer
    Information Bureau, Reference Information Center, will send a copy
    of this *Fourth Further Notice of Proposed Rule Making*, including
    the IRFA, to the Chief Counsel for Advocacy of the Small Business
    Administration in accordance with the Regulatory Flexibility Act.

**B. Paperwork Reduction Analysis**

28. This *Fourth Further Notice of Proposed Rule Making* contains a
    proposed information collection. As part of its continuing effort to
    reduce paperwork burdens, we invite the general public and the
    Office of Management and Budget (OMB) to take this opportunity to
    comment on the information collections contained in this *Fourth
    Further Notice of Proposed Rule Making*, as required by the
    Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and
    agency comments are due at the same time as other comments on this
    *Fourth Further Notice of Proposed Rule Making*; OMB comments are
    due 60 days from date of publication of this *Fourth Further Notice
    of Proposed Rule Making* in the Federal Register. Comments should
    address: (a) whether the proposed collection of information is
    necessary for the proper performance of the functions of the
    Commission, including whether the information shall have practical
    utility; (b) the accuracy of the Commission\'s burden estimates; (c)
    ways to enhance the quality, utility, and clarity of the information
    collected; and (d) ways to minimize the burden of the collection of
    information on the respondents, including the use of automated
    collection techniques or other forms of information technology.

**C. Ex Parte Rules \-- Permit-But-Disclose Proceeding**

29. This is a permit-but-disclose notice and comment rule making
    proceeding. Ex parte presentations are permitted except during the
    Sunshine Agenda period, provided they are disclosed as provided in
    the Commission\'s rules.[^100]

**D. Comment Dates**

30. Pursuant to Sections 1.415 and 1.419 of the Commission\'s Rules,
    interested parties may file comments on or before 60 days from date
    of publication of this *Fourth Further Notice of Proposed Rule
    Making* in the Federal Register, and reply comments on or before 90
    days from date of publication in the Federal Register.[^101]
    Comments may be filed using the Commission\'s Electronic Comment
    Filing System (ECFS) or by filing paper copies.[^102] 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 an 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 \<your
    e-mail address.\" 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.

31. Parties who choose to file by paper must file an original and four
    copies of each filing. If more than one docket or rule making number
    appear in the caption of this proceeding, commenters must submit two
    additional copies for each additional docket or rule making number.
    All filing must be sent to the Commission's Secretary, Magalie Roman
    Salas, Office of the Secretary, Federal Communications Commission,
    445 12th Street, S.W., TW-A325, Washington, D.C. 20554. Comments and
    reply comments will be available for public inspection during
    regular business hours in the FCC Reference Center of the Federal
    Communications Commission, 445 Twelfth Street, S.W., TW-A306,
    Washington, D.C. 20554.

32. Written comments by the public on the proposed information
    collections are due 60 days from date of publication of this *Fourth
    Further Notice of Proposed Rule Making* in the Federal Register.
    Written comments must be submitted by the Office of Management and
    Budget (OMB) on the proposed information collections on or before 60
    days after date of publication in the Federal Register. In addition
    to filing comments with the Secretary, a copy of any comments on the
    information collections contained herein should be submitted to Judy
    Boley, Federal Communications Commission, Room 1-C804, 445 Twelfth
    Street, S.W., Washington, DC 20554, or via the Internet to
    [jboley@fcc.gov]{.underline} and to Edward.Springer, OMB Desk
    Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 20503
    or via the Internet to [Edward.Springer@omb.eop.gov]{.underline}.

33. Parties who choose to file by paper should also submit their
    comments on diskette. 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 commenter's name, proceeding
    (including the lead docket number, 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 only
    contain the party's pleading, preferably in a single electronic
    file. In addition, commenters must send diskette copies to the
    Commission's copy contact, International Transcription Service,
    Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

**E. Ordering Clauses**

34. Authority for the issuance of this *Fourth Further 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).

35. Accordingly, IT IS ORDERED that NOTICE IS HEREBY GIVEN of the
    proposed regulatory changes described in the *Fourth Further Notice
    of Proposed Rule Making* and contained in Appendix B.

36. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Fourth Further Notice of Proposed Rule Making*, including the
    Initial Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

**F. Contact for Information**

37. For further information, contact Keith Fickner of the Wireless
    Telecommunications Bureau, Public Safety and Private Wireless
    Division, Policy and Rules Branch, at (202) 418-0680, TTY (202)
    418-7233, or via e-mail to kfickner@fcc.gov.

38. Alternative formats (computer diskette, large print, audio cassette,
    and Braille) are available to persons with disabilities by
    contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or
    via e-mail to bmillin@fcc.gov. This *Fourth Further Notice of
    Proposed Rule Making* can be downloaded at
    http://www.fcc.gov/Wireless/Orders/2001/fcc01358.txt.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDICES**

**APPENDIX A -- INITIAL REGULATORY FLEXIBILITY ANALYSIS**

(for *Fourth Further Notice of Proposed Rule Making*)

As required by the RFA,[^103] the Commission has prepared this present
IRFA of the possible significant economic impact on small entities of
the policies and rules proposed in the *Fourth Further Notice of
Proposed Rule Making*. 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 *Fourth Further Notice of
Proposed Rule Making* provided in paragraph 30 of the item. The
Commission will send a copy of the *Fourth Further Notice of Proposed
Rule Making*, including this IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration. *See* 5 U.S.C. § 603(a). In addition,
the *Fourth Further Notice of Proposed Rule Making* and IRFA (or
summaries thereof) will be published in the Federal Register. *See id.*

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

Our objective is to determine whether it is in the public interest,
convenience, and necessity to provide VHF public coast stations with
additional flexibility and to improve the stations' efficiency as well.
These proposals include (1) allowing the Coast Guard and VHF public
coast licensees to have the additional flexibility to choose non-offset,
as well as offset, channel pairs when negotiating an agreement regarding
the specification of two narrowband channel pairs that will be used by
the Coast Guard for its Ports and Waterways Safety System, (2)
establishing emission masks and designators that will accommodate the
full range of data services that may be provided by VHF public coast
licensees, (3) extending tariff forbearance to public coast licensees,
and (4) allowing public coast stations to maintain station documents via
electronic means.

B.  **Legal Basis:**

Authority for issuance of this item 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).

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

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.[^104] The RFA generally
defines the term \"small entity\" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdiction."[^105] In addition, the term \"small
business\" has the same meaning as the term \"small business concern\"
under the Small Business Act.[^106] 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).[^107]

The proposed rules would affect licensees using AMTS and high seas
public coast 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 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 C.F.R. § 121.201,
Standard Industrial Classification (SIC) Code 4812, now NAICS Code
513322). Since the size data provided by the Small Business
Administration does 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. Thus, we estimate that no fewer than 1,166
small entities will be affected. Any entity that is capable of providing
radiotelephone service is eligible to hold a public coast license.
Therefore, we seek comment on the number of small entities that use VHF
public coast spectrum and the number of small entities that are likely
to apply for licenses under the various proposals described herein.

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

This *Fourth Further Notice of Proposed Rule Making* 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:**

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.

The *Fourth Further Notice of Proposed Rule Making* solicits comment on
a variety of alternatives set forth herein. For example, the Commission
seeks comment on its proposal to relax for all entities, including small
entities, the current license posting requirement in order to reduce the
regulatory burden. The Commission also seeks to reduce the regulatory
burden of all entities, including small entities, by permitting the
maintenance of records via electronic means. It also seeks comment on
the proposal of Maritel, Inc. that the Commission no longer require
geographic licensees, including those that are small entities, to
provide station identification. Any significant alternative presented in
the comments will be considered.

F.  **Federal Rules that May Duplicate, Overlap, or Conflict with the
    Proposed Rules:**

None.

**APPENDIX B - PROPOSED RULES**

Chapter I of Title 47 of the Code of Federal Regulations, Part 80 is
proposed to be amended as follows:

**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 80.95(a) is amended to read as follows:

> **§ 80.95** **Message charges.**

\(a\) Except as specified in § 20.15(c) of this chapter with respect to
commercial mobile radio service providers, charges must not be made for
service of:

> \* \* \* \* \*

3.  Section 80.207 is amended by revising paragraph (d) to read as
    follows:

**§ 80.207** **Classes of emission.**

\* \* \* \* \*

\(d\) The authorized classes of emission are as follows:

+---------------------------------------+------------------------------+
| Types of stations                     | Classes of emission          |
+---------------------------------------+------------------------------+
| [Ship Stations^1^]{.underline}        | A1A                          |
|                                       |                              |
| Radiotelegraphy:                      | A1A, J2A                     |
|                                       |                              |
| 100-160 kHz\...\...\...\...\...\..... | A1A, J2A                     |
|                                       |                              |
| 1.  405-525                           | F1B, J2B                     |
|     kHz\...\...\...\...\...\.....     |                              |
|                                       | F1B, J2B                     |
| 1605-27500 kHz:                       |                              |
|                                       | F1C, F3C, J2C, J3C           |
| 2.  Manual\...\...\...\...\...\.....  |                              |
|                                       | F1B, F2B, F2C, F3C, F1D, F2D |
| 3.                                    |                              |
|   DSC\...\...\...\...\...\...\...\... | G2B                          |
|                                       |                              |
| 4.  NB-DP^14^\...\...\...\...\...\... | F1B, F2B, F2C, F3C           |
|                                       |                              |
| 5.  Facsimile\...\...\...\...\...\... | (^4^)                        |
|                                       |                              |
| 6.  156-162                           | H3E, J3E, R3E                |
|     MHz^2^\...\...\...\...\.....      |                              |
|                                       | G3D, G3E                     |
| 7.                                    |                              |
|   DSC\...\...\...\...\...\...\...\... | (^4^)                        |
|                                       |                              |
| 8.  216-220                           | A1A, A2A                     |
|     MHz^3^\...\...\...\...\....       |                              |
|                                       | A3N, H3N, J3N, NON           |
| 9.  1626.5-1646.5                     |                              |
|     MHz\...\...\...\.....             | A1D, A2D, F1D, F2D, G1D, G2D |
|                                       |                              |
| Radiotelephony:                       | PON                          |
|                                       |                              |
| 10. 1605-27500                        | F3N                          |
|     kHz^5^\...\...\...\.....          |                              |
|                                       |                              |
| 11. 27.5-470                          |                              |
|     MHz^6^\...\...\...\...\....       |                              |
|                                       |                              |
| 12. 1626.5-1646.5                     |                              |
|     MHz\...\...\...\.....             |                              |
|                                       |                              |
| Radiodetermination:                   |                              |
|                                       |                              |
| 13. 285-325                           |                              |
|     kHz^7^\...\...\...\...\.....      |                              |
|                                       |                              |
| 405-525 kHz (Direction Finding)^8^    |                              |
|                                       |                              |
| 154-459 MHz^12^\...\...\...\...\....  |                              |
|                                       |                              |
| 2.4-9.5 GHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| 14.00-14.05 GHz\...\...\...\...\....  |                              |
+---------------------------------------+------------------------------+
| [Land Stations^1^]{.underline}        | A1A                          |
|                                       |                              |
| Radiotelegraphy:                      | A1A, J2A                     |
|                                       |                              |
| 100-160 kHz\...\...\...\...\...\..... | A1A, J2A                     |
|                                       |                              |
| 405-525 kHz\...\...\...\...\...\..... | F1C, F3C, J2C, J3C           |
|                                       |                              |
| 1605-2850 kHz:                        | A1A, J2A                     |
|                                       |                              |
| Manual\...\...\...\...\...\...\...    | A1A, J2A                     |
|                                       |                              |
| Facsimile\...\...\...\...\...\...     | F1B, J2B                     |
|                                       |                              |
| Alaska\--Fixed\...\...\...\.....      | F1B, J2B                     |
|                                       |                              |
| 4000-27500 kHz:                       | F1C, F3C, J2C, J3C           |
|                                       |                              |
| Manual\...\...\...\...\...\...\...    | A1A, A2A, F1B, F2B           |
|                                       |                              |
| DSC\...\...\...\...\...\...\...\...   | A1A, A2A, F1B, F2B           |
|                                       |                              |
| NB-DP^14^\...\...\...\...\...\...     | F1B, F2B, F2C, F3C, F1D, F2D |
|                                       |                              |
| Facsimile\...\...\...\...\...\...     | G2B                          |
|                                       |                              |
| Alaska\--Fixed\...\...\...\.....      | F1B, F2B, F2C, F3C           |
|                                       |                              |
| 72-76                                 | H3E, J3E, R3E                |
| MHz\...\...\...\...\...\...\....      |                              |
|                                       | A3E, F3E, G3E                |
| 156-162                               |                              |
| MHz^2,\ 15^\...\...\...\...\.....     | G3E                          |
|                                       |                              |
| DSC\...\...\...\...\...\...\...\..... | PON                          |
|                                       |                              |
| 216-220 MHz^3^\...\...\...\...\.....  | A2A and A2B or H2A and H2B   |
|                                       |                              |
| Radiotelephony:                       | A2B, A3B, H2B, H3E, J2B, and |
|                                       | J3E                          |
| 1605-27500 kHz\...\...\...\...\.....  |                              |
|                                       | A2A, H2A                     |
| 72-76                                 |                              |
| MHz\...\...\...\...\...\...\....      | A3E, A3X, N0N                |
|                                       |                              |
| 156-470 MHz\...\...\...\...\...\..... | A3E                          |
|                                       |                              |
| Radiodetermination:                   | G3E, G3N                     |
|                                       |                              |
| 2.4-9.6 GHz\...\...\...\...\...\..... | A3E, A3X, N0N                |
|                                       |                              |
| Distress, Urgency and Safety^8,^ ^9^  | G1D                          |
|                                       |                              |
| 500 kHz^10^\...\...\...\...\...\..... |                              |
|                                       |                              |
| 2182 kHz^10,\ 11^\...\...\...\...\... |                              |
|                                       |                              |
| 8364                                  |                              |
| kHz\...\...\...\...\...\...\.....     |                              |
|                                       |                              |
| 121.500 MHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| 123.100 MHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| 156.750 and 156.800 MHz^13^\....      |                              |
|                                       |                              |
| 243.000 MHz\...\...\...\...\...\..... |                              |
|                                       |                              |
| 406.025 MHz\...\...\...\...\...\..... |                              |
+---------------------------------------+------------------------------+

^1^ Excludes distress, EPIRBs, survival craft, and automatic link
establishment.

> ^2^ Frequencies used for public correspondence and in Alaska 156.425
> MHz. *See* §§ 80.371(c), 80.373(f) and 80.385(b). Transmitters
> approved before January 1, 1994, for G3E emissions will be authorized
> indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
> approved on or after January 1, 1994, will be authorized for F2C, F3C,
> F1D or F2D emissions only if they are approved specifically for each
> emission designator.
>
> ^3^ Frequencies used in the Automated Maritime Telecommunications
> System (AMTS). *See* § 80.385(b).
>
> ^4^ Types of emission are determined by the INMARSAT Organization.
>
> ^5^ Transmitters approved prior to December 31, 1969, for emission
> H3E, J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue
> to be operated. These transmitters will not be authorized in new
> installations.

^6^ G3D emission must be used only by one-board stations for maneuvering
or navigation.

^7^ Frequencies used for cable repair operations. *See* § 80.375(b).

^8^ For direction finding requirements see § 80.375.

^9^ Includes distress emissions used by ship, coast, EPIRB\'s and
survival craft stations.

> ^10^ On 500 kHz and 2182 kHz A1B, A2B, H2B and J2B emissions indicate
> transmission of the auto alarm signals.

^11^ Ships on domestic voyages must use J3E emission only.

> ^12^ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785
> MHz, 454.000 MHz and 459.000 MHz, authorized for offshore
> radiolocation and related telecommand operations.

^13^ Class C EPIRB stations may not be used after February 1, 1999.

> ^14^ NB-DP operations which are not in accordance with CCIR
> Recommendation 625 or 476 are permitted to utilize any modulation, so
> long as emissions are within the limits set forth in § 80.211(f).
>
> ^15^ If a station uses another type of digital emission, it must
> comply with the emission mask requirements of § 90.210.
>
> \* \* \* \* \*

4.  Section 80.213 is amended by revising paragraph (d) to read as
    follows:

> **§ 80.213 Modulation requirements.**
>
> \* \* \* \* \*

\(d\) Ship and coast station transmitters operating in the 156-162 MHz
and 216-220 bands must be capable of proper operation with a frequency
deviation that does not exceed +/- 5 kHz when using any emission
authorized by 80.207.

\* \* \* \* \*

5.  Section 80.302(a) is amended to read as follows:

§ 80.302 Notice of discontinuance, reduction, or impairment of service
involving a distress watch.

\(a\) When changes occur in the operation of a public coast station
which include discontinuance, reduction, suspension, or relocation of a
watch required to be maintained on 500 kHz, 2182 kHz, or 156.800 MHz,
notification must be made by the licensee to the nearest district office
of the U.S. Coast Guard as soon as practicable. The notification must
include the estimated or known resumption time of the watch.

> \* \* \* \* \*

6.  Section 80.371 is amended by revising paragraphs (c)(1)(ii),
    (c)(1)(iii), and (c)(3) to read as follows:

**§ 80.371 Public correspondence frequencies.**

\* \* \* \* \*

\(c\) \* \* \*

\(1\) \* \* \* \* \*

\(ii\) Service areas in the marine VHF 156-162 MHz band are VHF Public
Coast Station Areas (VPCSAs). As listed in the table in this paragraph,
VPCSAs are based on, and composed of one or more of, the U.S. Department
of Commerce\'s 172 Economic Areas (EAs). *See* 60 FR 13114 (March 10,
1995). In addition, the Commission shall treat Guam and the Northern
Mariana Islands, Puerto Rico and the United States Virgin Islands,
American Samoa, and the Gulf of Mexico as EA-like areas, and has
assigned them EA numbers 173-176, respectively. Maps of the EAs and
VPCSAs are available for public inspection and copying at the FCC Public
Reference Room, Room CY-A257, 445 12th Street, S.W., Washington, D.C.
20554. Except as shown in the table, the frequency pairs listed in
paragraph (c)(1)(i) of this section are available for assignment to a
single licensee in each of the VPCSAs listed in the table in this
paragraph. In addition to the listed EAs listed in the table in this
paragraph, each VPCSA also includes the adjacent waters under the
jurisdiction of the United States.

\(iii\) Subject to paragraph (c)(3) of this section, each licensee may
also operate on 12.5 kHz offset frequencies in areas where the licensee
is authorized on both frequencies adjacent to the offset frequency, and
in areas where the licensee on the other side of the offset frequency
consents to the licensee\'s use of the adjacent offset frequency.
Coordination with Canada is required for offset operations under any
circumstance in which operations on either adjoining 25 kHz channel
would require such coordination. *See* § 80.57 of this part.

\* \* \* \* \*

\(3\) 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, within six months of the conclusion
of the competitive bidding procedures to determine the licensees in each
VPCSA, the U.S. Coast Guard shall submit to each licensee of VPCSAs 1-9
a plan specifying up to two channel pairs for use in the PAWSS. The
final selection of the PAWSS channel pairs can be negotiated (if the
VPCSA licensee objects to the Coast Guard proposal, it shall make a
counterproposal within three months) and established by an agreement
between the parties. All parties are required to negotiate in good
faith. If no agreement is reached within one year of the date the Coast
Guard submitted its plan, the Coast Guard may petition the Commission to
select up to two channel 12.5 kHz narrowband pairs offset from the
channels set forth in the table in paragraph (c)(1)(i) of this section
for use in the PAWSS. The Wireless Telecommunications Bureau shall
announce the selection of the PAWSS channel pairs by Public Notice.

\* \* \* \* \*

7.  Section 80.405 is amended by redesignating paragraph (c) as (c)(1)
    and adding new paragraph (c)(2) to read as follows:

**§ 80.405 Station license.**

\* \* \* \* \*

(c) *Posting.*

```{=html}
<!-- -->
```
(1) The current station authorization for a station other than a public
    coast station, or a clearly legible copy, must be posted at the
    principal control point of each station. If a copy is posted, it
    must indicate the location of the original. When the station license
    cannot be posted as in the case of a marine utility station
    operating at temporary unspecified locations or the ship or
    recreational boat does not have an enclosed wheelhouse, it must be
    kept where it will be readily available for inspection. The licensee
    of a station on board a ship subject to Part II or III or Title III
    of the Communications Act or the Safety Convention must retain the
    most recently expired ship station license in the station records
    until the first Commission inspection after the expiration date.

(2) Public coast stations authorized under this part must make available
    either a clearly legible copy of the authorization for each station
    at the principal control point of the station or an address or
    location where the current authorization may be found and a
    telephone number of that authorization's representative.

\* \* \* \* \*

8.  Section 80.409 is amended by revising paragraphs (b)(2) and (c) to
    read as follows:

**§ 80.409 Station logs.**

\* \* \* \* \*

\(b\) \* \* \*

\(2\) Logs containing entries required by paragraph (c) of this section
must be kept either at the principal control point of the station or
electronically filed at the station licensee's primary office or
available to the Commission via secured access to the licensee's
Internet web site. Logs containing entries required by paragraphs (e)
and (f) of this section must be kept at the principal radiotelephone
operating location while the vessel is being navigated. All entries in
their original form must be retained on board the vessel for at least 30
days from the date of entry. Additionally, logs required by paragraph
(f) of this section must be retained on board the vessel for a period of
2 years from the date of the last inspection of the ship radio station.

\(c\) *Public coast station logs.* Public coast stations must maintain a
log, whether by means of written or automatic logging or a combination
thereof. The log must contain the following information:

\* \* \* \* \*

9.  Section 80.471 is amended to read as follows:

**§ 80.471 Discontinuance or impairment of service.**

Except as specified in § 20.15(b)(3) of this chapter with respect to
commercial mobile radio service providers, a public coast station must
not discontinue or impair service unless authorized to do so by the
Commission.

\* \* \* \* \*

[^1]: 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, 19874 ¶ 45 (1998)
    (*Third Report and Order*); *see also* 47 C.F.R. §
    80.371(c)(1)(iii).

[^2]: PAWSS will provide Vessel Traffic Services to facilitate the safe
    and efficient transit of vessel traffic to prevent collision,
    groundings, and environmental damage associated with maritime
    accidents. *See Third Report and Order*, 13 FCC Rcd at 19875 ¶ 46.

[^3]: For a fuller description of the Maritime Radio Services and the
    history of this proceeding, see Amendment of the Commission's Rules
    Concerning Maritime Communications, *Second Report and Order and
    Second Further Notice of Proposed Rule Making*, PR Docket No.
    92-257, 12 FCC Rcd 16949, 16953-56 ¶¶ 4-9 (1997) (*Second Report and
    Order and Second Further Notice*).

[^4]: *See* Implementation of Sections 3(n) and 332 of the
    Communications Act \-- Regulatory Treatment of Mobile Services,
    *Second Report and Order*, GN Docket No. 93-252, 9 FCC Rcd 1411,
    1448 ¶ 83 (1994) (*CMRS 2nd R&O*); *see also* 47 C.F.R.
    § 20.9(a)(5).

[^5]: *Third Report and Order*, 13 FCC Rcd at 19855-56 ¶ 1.

[^6]: *Id.*

[^7]: *Id.*

[^8]: *Id*.

[^9]: *See* Auction of 156-162 MHz VHF Public Coast Service Licenses,
    *Public Notice*, 13 FCC Rcd 24874, 2874 (1998); VHF Public Coast
    Service Auction Closes, *Public Notice*, 14 FCC Rcd 480, 480 (1999).

[^10]: *See* FCC Announces the Conditional Grant of 26 VHF Public Coast
    Service Licenses, *Public Notice*, DA 99-195, at 1 (rel. May 21,
    1999).

[^11]: *See* VHF Public Coast and Location and Monitoring Service
    Spectrum Auction Closes, *Public Notice*, DA 01-1443 (rel. June 15,
    2001). Maritel was the winning bidder for VPCSAs 010, 012, 015, 019,
    020, 021, and 022. *Id.* at Attachment A. Three other parties
    submitted the high bids for the other nine VPCSAs. *Id.* The
    applications for those licenses remain pending.

[^12]: *Id.* at A-1. Three other licensees hold licenses for 15 VPCSAs.

[^13]: The GMDSS is primarily a ship-to-shore system (though it has
    ship-to-ship capabilities) for the transmission of distress
    communications. Instead of manual Morse code radiotelegraphy, the
    system utilizes automated (or semi- automated) communications via
    satellite, and advanced terrestrial systems using digital selective
    calling (DSC). DSC is a digital signaling system that allows ship
    and shore stations to call each other directly, rather than
    requiring a radio operator to continuously monitor a common calling
    channel to identify specific calls directed to the station. *See*
    Amendment of Parts 13 and 80 of the Commission's Rules Concerning
    Maritime Communications, *Notice of Proposed Rule Making and
    Memorandum Opinion and Order,* WT Docket No. 00-48, 15 FCC Rcd 5942,
    5946 ¶ 5 (2000) (*NPRM*).

[^14]: *Id.* at 5944 ¶ 1

[^15]: *Id.*

[^16]: All citations in this item to comments refer to comments
    originally filed in WT Docket No. 00-48.

[^17]: 47 C.F.R. § 80.303. *See* Request for Waiver of the Requirements
    in Sections 80.303 and 80.453 of the Rules to Permit Public Coast
    Station WHU487 to Cease Safety Watch on 156.800 MHz and Serve Mobile
    Vehicles on Land, *Order*, 9 FCC Rcd 221, 221 ¶ 2 (PRB SSD 1994).

[^18]: 47 C.F.R. § 80.303(b).

[^19]: Maritel Comments at 5.

[^20]: Coast Guard Reply Comments at 3.

[^21]: *Id.*

[^22]: 47 C.F.R. § 80.303.

[^23]: Coast Guard Reply Comments at 3.

[^24]: 47 C.F.R. § 80.303.

[^25]: Maritel Comments at 13-14.

[^26]: 47 C.F.R. § 80.303(b).

[^27]: 47 C.F.R. § 80.302(a).

[^28]: *See Second Further Notice*, 12 FCC Rcd at 16998 ¶ 96.

[^29]: *Third Report and Order*, 13 FCC Rcd at 19874 ¶ 45 (citing ITU
    Radio Regulations Art. S52, App. S18 n.e); *see* 47 C.F.R. §
    80.371(c)(1)(iii). The Commission already has afforded Automated
    Maritime Telecommunications System (AMTS) licensees such
    flexibility. *See Second Further Notice*, 12 FCC Rcd at 16998-99 ¶
    96.

[^30]: *See* Maritel Comments at 7 (claiming that, because the technical
    rules do not specify offset operational characteristics, the
    Commission's Rules do not currently support actual offset
    operations). On a related note, the Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau, granted
    Maritel's request for waiver of certain Part 80 rules to permit type
    certification for 12.5 kHz offset radio equipment. *See* Maritel,
    Inc., Request for Waiver of Part 80 Regulations to Permit Use of
    12.5 kHz Radio Equipment Operating in the 156-162 MHz Frequency
    Band, *Order*, DA 01-1104 (PSPWD WTB rel. Apr. 30, 2001).

[^31]: Maritel Comments at 7*; see* 47 C.F.R. § 80.371(c).

[^32]: Maritel Comments at 7.

[^33]: *See* ITU Radio Recommendation M.1084.

[^34]: 47 C.F.R. § 80.213(d).

[^35]: In a typical narrowband frequency modulated system, a reduction
    of the frequency deviation from 5 kHz to 2.5 kHz is necessary in
    order for the resulting signal to be of a useable quality.

[^36]: *Cf.*, *e.g.*, 47 C.F.R. § 80.205(b).

[^37]: *See* 47 C.F.R. § 80.371(c)(1)(i). Channel 88 may be authorized
    only within 120 kilometers (75 miles) of the Canadian border on the
    Great Lakes, the St. Lawrence Seaway, and the Puget Sound and the
    Strait of Juan de Fuca and its approaches. *See id.* Certain other
    channels are not available along the Canadian border. *See* 47
    C.F.R. § 80.57.

[^38]: 156.0375 MHz / 160.6375 MHz, 156.0625 MHz / 160.6625 MHz,
    156.0875 MHz / 160.6875 MHz, 156.1125 MHz / 160.7125 MHz, 156.1375
    MHz / 160.7375 MHz, 156.1625 MHz / 160. 7625 MHz, 156.1875 MHz /
    160.7875 MHz, 156.2125 MHz / 160.8125 MHz, 156.2375 MHz / 160.8375
    MHz.

[^39]: Maritel Comments at 8, and Exhibit A.

[^40]: *Id.* at 8; *see also* National GMDSS Implementation Task Force
    Comments at 3 ("there is an extreme shortage of available VHF
    channels and recommends that all available solutions such as narrow
    banding should be undertaken to provide relief").

[^41]: Maritel Comments at 9.

[^42]: 156.0375 MHz, 156.1125 MHz, and 156.1875 MHz.

[^43]: 160.6875 MHz, 160.7625 MHz, and 160.8375 MHz.

[^44]: Maritel Comments at 9 n.11. A review of our licensing database
    indicates that there are two public safety entities licensed to
    operate on 156.1875 MHz; twenty-six public safety entities licensed
    to operate on 156.1125 MHz; and ten public safety entities licensed
    to operate on 156.0375 MHz. There are two entities that are licensed
    to operate on all three channels that are currently allocated for
    Part 90 Industrial/Business use.

[^45]: *Id.* at 8 n.9.

[^46]: *Id.* at 8-9 (citing Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Agency Communications Requirements Through the Year 2010,
    *First Report and Order and Third Notice of Proposed Rule Making*,
    WT Docket No. 96-86, 14 FCC Rcd 152 (1998) (*Public Safety First
    Report and Order*)).

[^47]: Maritel Comments at 8 nn.9, 10.

[^48]: *Id.* at 9.

[^49]: *See* *Public Safety First Report and Order*, 14 FCC Rcd at
    159-161 ¶ 10.

[^50]: None of Maritel's proposed channel pairs can be reallocated
    without affecting public safety because the mobile transmit
    frequency of each is either directly allocated to public safety or
    is adjacent to a frequency that is allocated to public safety.

[^51]: 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. *See* Coast Guard Comments at 33.

[^52]: 47 C.F.R. § 80.371(c)(3); *see* *Third Report and Order*, 13 FCC
    Rcd at 19875 ¶ 46.

[^53]: Maritel Comments at 10. Subsequently, on March 7, 2001, Maritel
    and the Coast Guard agreed that Channels 87 A/B (157.375 MHz/161.975
    MHz) would be set aside for PAWSS in VPCSAs 1-9. Memorandum of
    Agreement Between United States Coast Guard and the Maritime VHF
    Public Coast Area Licensee at 2 (dated Mar. 7, 2001); *see also*
    Wireless Telecommunications Bureau Announces the Selection of Two
    VHF Channel Pairs for the United States Coast Guard's Ports and
    Waterways Safety System, *Public Notice*, DA 01-925 (WTB PSPWD rel.
    Apr. 13, 2001).

[^54]: *Third Report and Order*, 13 FCC Rcd at 19876 ¶ 49 ("We prefer
    this procedure to setting channels aside in advance because we
    believe that it will allow the Coast Guard time to develop its AIS
    plans fully and coordinate AIS frequencies with neighboring
    countries. We also believe that such approach will enhance each
    maritime VPC licensee\'s ability to pursue its own business plan and
    allow the parties to determine how many channels are needed in each
    location.").

[^55]: *See* Coast Guard Comments at 33-35.

[^56]: *Id.*

[^57]: Maritel Comments at 10.

[^58]: Emission mask is the technical specification that limits the
    distribution of power of a radio transmitter as a function of
    frequency. The Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010, *First
    Report and Order and Third Notice of Proposed Rulemaking*, WT Docket
    No. 96-86, 14 FCC Rcd 152, 213 n.337 (1998). The emission mask is an
    important technical parameter that affects the efficient use of a
    frequency band by limiting emissions from one channel into adjacent
    channels. *See* 1998 Biennial Regulatory Review -- 47 C.F.R. Part 90
    -- Private Land Mobile Radio Services, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 98-182, 15 FCC Rcd
    16673, 16689 ¶ 33 (2000).

[^59]: Emission designators classify and symbolize emission types by
    alphanumeric characters denoting the type of modulation, the nature
    of the signal modulating the main carrier, and the type of
    information to be transmitted. *See* 47 C.F.R. § 2.201.

[^60]: *Id.*

[^61]: *Id.*

[^62]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them,
    *Report and Order and Further Notice of Proposed Rule Making*, PR
    Docket No. 92-235, 10 FCC Rcd 10076, 10117 ¶ 81 (1995).

[^63]: 47 C.F.R. §§ 90.207, 90.210.

[^64]: Identification generally is by call sign, but a VPC station may
    identify by either the approximate geographic location of the
    station or the area it serves when it is the only VPC station
    serving the location or there will be no conflict with the
    identification of any other station. 47 C.F.R. § 80.102(a), (e).

[^65]: 47 C.F.R. § 80.102(a). When public correspondence is being
    exchanged with a ship or aircraft station, the intermediate
    identification may be deferred until the completion of the
    communications. 47 C.F.R. § 80.102(a)(2).

[^66]: Maritel Comments at 11 (citing Implementation of Sections 3(n)
    and 332 of the Communications Act, *Memorandum Opinion and Order on
    Reconsideration*, GN Docket No. 92-252, 15 FCC Rcd 6341, 6346-47 ¶¶
    13-14 (2000)).

[^67]: Maritel Comments at 11.

[^68]: *Id.*

[^69]: DSC is a digital signaling system that allows ship and shore
    stations to call each other directly, rather than requiring a radio
    operator to continuously monitor a common calling channel to
    identify specific calls directed to the station. *See* Amendment of
    Parts 13 and 80 of the Commission's Rules to Implement the Global
    Maritime Distress and Safety System to Improve the Safety of Life at
    Sea, *Report and Order*, 7 FCC Rcd 951, 952 ¶ 4 (1992).

[^70]: Maritel Comments at 10-11.

[^71]: *See* Regionet Wireless License, LLC, *Order*, 15 FCC Rcd 16119
    (2000).

[^72]: For example, AMTS customers use equipment that is compatible with
    only one AMTS provider, so the user always knows from whom he or she
    is receiving service. *Id.* at 16122 ¶ 7. This is not true with
    respect to VPC stations, which can provide service to any vessel
    within their service area that carries a standard VHF radio.

[^73]: 47 C.F.R. § 90.425(e)(1).

[^74]: Maritel Comments at 12.

[^75]: *Id.*

[^76]: *Id.*

[^77]: 47 C.F.R. § 80.405(c).

[^78]: Maritel Comments at 13.

[^79]: *Id.*

[^80]: *See* 47 C.F.R. § 80.409(c)(3), (7).

[^81]: 47 C.F.R. § 80.405(b)(i).

[^82]: We note that automatic logging is already permitted by the
    Commission for the Aviation Radio Services. *See* 47 C.F.R. §
    87.109; *see also* Review of Part 87 of the Commission's Rules
    Concerning the Aviation Radio Service, *Notice of Proposed Rule
    Making*, WT Docket No. 01-289, 16 FCC Rcd 19005, 19014-15 ¶¶ 17-20
    (2001).

[^83]: Under this approach, those VPC licensees who do not have access
    to electronic data keeping will still be required to maintain
    records under the current system.

[^84]: *See Second Report and Order*, 12 FCC Rcd at 17066 ¶ 57.

[^85]: 47 C.F.R. § 90.437.

[^86]: *CMRS 2nd R&O*, 9 FCC Rcd at 1448 ¶ 83.

[^87]: 47 U.S.C. § 203.

[^88]: *CMRS 2nd R&O*, 9 FCC Rcd at 1478 ¶ 174.

[^89]: 47 U.S.C. § 214.

[^90]: *CMRS 2nd R&O*, 9 FCC Rcd at 1480-81 ¶ 182; 47 U.S.C. § 214(a)
    ("No carrier shall discontinue . . . unless and until there shall
    first have been obtained from the Commission a certificate that
    neither the present nor future public convenience and necessity will
    be adversely affected thereby ...").

[^91]: 47 C.F.R. § 80.95(a)(1).

[^92]: Maritel Comments at 12.

[^93]: 47 C.F.R. § 80.471.

[^94]: Maritel Comments at 13.

[^95]: *Id.*

[^96]: *See* 47 C.F.R. § 80.3(f).

[^97]: 47 C.F.R. § 20.15(b)(3), (c).

[^98]: *See CMRS 2nd R&O*, 9 FCC Rcd at 1464 ¶ 126 n.261 (did not
    propose forbearance for international CMRS), 1481 ¶ 182 n.369
    (declined to propose forbearance for international CMRS).

[^99]: *See* 5 U.S.C. § 601, *et. seq*.

[^100]: *See* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206.

[^101]: 47 C.F.R. §§ 1.415, 1.419.

[^102]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order*, GC Docket No. 97-113, 13 FCC Rcd 11322 (1998).

[^103]: *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, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^104]: 5 U.S.C. § 603(b)(3).

[^105]: 5 U.S.C. § 601(6).

[^106]: 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).

[^107]: Small Business Act, 15 U.S.C. § 632 (1996).