**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
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| Amendment of Part 80 of the      | ** |                              |
| Commission's Rules Concerning    |    |                              |
| Use of Frequency 156.575 MHz for | *  |                              |
| Port Operations Communications   | *) |                              |
| in Puget Sound                   | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: October 26, 2004 Released: October 28, 2004**

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau:

1.  By this *Order*, pursuant to delegated authority, we amend Section
    80.373(f) of the Commission's Rules[^1] to make VHF marine Channel
    71 (156.575 MHz) available for intership port operations
    communications in Puget Sound, the Straits of Juan de Fuca, and the
    approaches thereto. This amendment will allow the vessel traffic in
    Puget Sound to be managed more efficiently and will protect the
    marine environment by preventing vessel collisions and groundings.

2.  *Background*. In 2000, the Commission amended Section 0.331[^2] of
    its Rules to delegate authority to the Wireless Telecommunications
    Bureau (Bureau) to designate, by footnote to the frequency table in
    Section 80.373(f), frequencies available for intership port
    operations communications[^3] in defined port areas.[^4] In that
    *Report and Order*, the Commission indicated that it was authorizing
    the Bureau to act on requests from the United States Coast Guard
    (Coast Guard) to make frequencies available for intership
    communications related to port operations in order to alleviate
    communications congestion related to such port operations.[^5]

3.  On March 12, 2004, the Coast Guard submitted a request to the
    Bureau's Public Safety and Critical Infrastructure Division
    recommending that VHF marine Channel 71 be authorized for use by the
    Puget Sound Pilots for intership port operations communications at a
    normal power of one watt (exceptionally ten watts) in Puget Sound,
    the Straits of Juan de Fuca, and the approaches thereto.[^6]
    Enclosed was a letter from the Puget Sound Pilots asking the Coast
    Guard to request that the Commission designate VHF marine Channel 71
    as a port operations channel in the area under the jurisdiction of
    the Captain of the Port Puget Sound, with its use limited to
    intership communications with pilots regarding the movement and
    docking of ships at a normal power of one watt.[^7] The Coast Guard
    also enclosed letters from the North Pacific Marine Radio Council
    (NPMRC),[^8] the Puget Sound Harbor Safety and Security Committee
    (PSHSSC),[^9] the Recreational Boating Association of Washington
    (RBAW),[^10] and the Captain of the Port Puget Sound,[^11] all
    concurring with the request.

4.  *Discussion*. We agree with the Coast Guard that the proposed
    designation will enhance maritime safety in this busy waterway.[^12]
    In this type of environment, harbor pilots rely upon clear and
    effective radio communications with tugs to help ensure the safe
    ingress and egress of large vessels.[^13] The parties assert that
    there is a critical need for an additional VHF channel for
    communications between large commercial vessels, tankers and other
    vessels carrying hazardous cargoes, and pilots and tugs in the
    Vessel Traffic Service Puget Sound (VTS Puget Sound).[^14] They note
    that the only frequency dedicated to intership communications
    related to port operations, VHF marine Channel 77 (156.875
    MHz),[^15] is frequently congested.[^16] Congestion is intensified
    by the Canadian use of this channel for ship movement and docking at
    Delta Port, British Columbia, near the northern border of VTS Puget
    Sound.[^17]

5.  The parties submit that VHF marine Channel 71, which currently is
    designated for noncommercial intership and ship-to-coast use,[^18]
    is a good candidate for a port operations channel because it carries
    very little recreational traffic, even during the summer
    months.[^19] RBAW agrees that recreational vessels have sufficient
    other channels to meet their VHF communication needs.[^20]

6.  Based on the foregoing, we hereby amend the frequency table in
    Section 80.373(f) to make VHF marine Channel 71 available for
    intership port operations communications in Puget Sound, the Straits
    of Juan de Fuca, and the approaches thereto. The normal output power
    must not exceed one watt, and the maximum output power must not
    exceed ten watts. This action will allow more efficient management
    of vessel traffic in the area, thereby increasing navigational
    safety and protecting the marine environment in this busy port.

7.  We will permit private coast stations currently authorized to
    operate on VHF marine Channel 71 within VTS Puget Sound[^21] to
    continue operation until the end of their current license term on a
    non-interference basis. NPMRC has contacted the owners of these
    stations, and they have agreed to change to another appropriate
    frequency.[^22] Bureau staff will assist affected licensees in
    finding suitable alternative channels. No fee will be charged for
    affected stations that request an alternative channel before their
    next license renewals.

8.  Finally, Puget Sound Pilots also request that VHF marine Channel 76
    (156.825 MHz), which recently was designated for port operations
    communications,[^23] be limited to intership communications with
    pilots regarding the movement and docking of ships.[^24] The Coast
    Guard, however, did not support this request.[^25] We agree with the
    Coast Guard and do not believe that it is necessary to so limit the
    use of Channel 76. We believe that in redesignating Channels 75
    (156.775 MHz) and 76, the Commission (which acted after Puget Sound
    Pilots submitted their request to the Coast Guard) addressed the
    needs for additional spectrum for navigation-related port operation
    communications. Therefore, we will not amend our rules to limit such
    communications.

9.  *Ordering Clause.* Accordingly, IT IS ORDERED, that pursuant to the
    authority contained in Sections 4(i) and 303(r) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r),
    and Section 0.331 of the Commission's Rules, 47 C.F.R. § 0.331, Part
    80 of the Commission\'s Rules IS AMENDED as set forth in Appendix A,
    effective thirty days after publication in the Federal Register.

FEDERAL COMMUNICATIONS COMMISSION

Michael J. Wilhelm, Chief

Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

**APPENDIX A**

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 322, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307 (e), 309 and 322 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 80.373 is amended by adding new footnote 19 to the table in
paragraph (f) to read as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

\(f\) [Frequencies in the 156-162 MHz band.]{.underline} \* \* \*

+-----------------+-----------------+-----------------+-----------------+
| Frequencies in  |                 |                 |                 |
| the 156-162 MHz |                 |                 |                 |
| band            |                 |                 |                 |
|                 |                 |                 |                 |
| Carrier         |                 |                 |                 |
| frequency       |                 |                 |                 |
|                 |                 |                 |                 |
| (MHz)           |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| Channel         | Ship transmit   | Coast transmit  | Points of       |
| designator      |                 |                 | communication   |
|                 |                 |                 | (Intership and  |
|                 |                 |                 | between coast   |
|                 |                 |                 | and ship unless |
|                 |                 |                 | otherwise       |
|                 |                 |                 | indicated)      |
+-----------------+-----------------+-----------------+-----------------+

> \* \* \*

+-----------------+-----------------+-----------------+-----------------+
| Noncommercial   |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \* \* \*        | \* \* \*        | \* \* \*        | \* \* \*        |
|                 |                 |                 |                 |
| 69\...\...\...  | 156.475         | 156.475         | Intership only. |
| \...\...\...\.. |                 |                 |                 |
| .\...\...\..... | 156.575         | 156.575         | \* \* \*        |
|                 |                 |                 |                 |
| 71              | 156.625         | \...\.....      |                 |
| \\19\\\..       |                 |                 |                 |
| .\...\...\...\. | \* \* \*        | \* \* \*        |                 |
| ..\...\...\.... |                 |                 |                 |
|                 |                 |                 |                 |
| 72\...\...\...  |                 |                 |                 |
| \...\...\...\.. |                 |                 |                 |
| .\...\...\..... |                 |                 |                 |
|                 |                 |                 |                 |
| \* \* \*        |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+

\* \* \*

\\19\\ 156.575 MHz is available for port operations communications use
only within the U.S. Coast Guard designated VTS radio protection area of
Seattle (Puget Sound) described in § 80.383. Normal output power must
not exceed 1 watt. Maximum output power must not exceed 10 watts.

\* \* \* \* \*

[^1]: 47 C.F.R. § 80.373(f).

[^2]: 47 C.F.R. § 0.331.

[^3]: Port operations communications are communications in or near a
    port, in locks or in waterways between coast stations and ship
    stations or between ship stations, which relate to the operational
    handling, movement and safety of ships and in emergency to the
    safety of persons. 47 C.F.R. § 80.5.

[^4]: *See* Amendment of Parts 0, 80, and 90 of the Commission\'s Rules
    to Make the Frequency 156.250 MHz Available for Port Operations
    Purposes in Los Angeles and Long Beach, CA Ports, *Report and
    Order*, WT Docket No. 99-332, 15 FCC Rcd 11302 (2000).

[^5]: *Id.* at 11304-05 ¶¶ 8-10.

[^6]: *See* Letter dated March 12, 2004, from J.D. Hersey, Jr., Chief,
    Spectrum Management Division, U.S. Coast Guard to D'wana R. Terry,
    Chief, Public Safety and Critical Infrastructure Division (*Coast
    Guard Letter*).

[^7]: Letter dated Feb. 1, 2004 from Captain William A. Bock, Puget
    Sound Pilots, to Commandant, United States Coast Guard (*Puget Sound
    Pilots Letter*).

[^8]: Letter dated Feb. 1, 2004 from George B. Hall, President, North
    Pacific Marine Radio Council, to Commandant, United States Coast
    Guard (*NPMRC Letter*). NPRMC is the recognized frequency
    coordinator for VHF private coast stations in the Puget Sound area.
    *See* 47 C.F.R. § 80.514(b).

[^9]: Letter dated Feb. 1, 2004 from Bruce Reed, Chairman, Puget Sound
    Harbor Safety and Security Committee, to Commandant, United States
    Coast Guard (*PSHSSC Letter*). PSHSSC is a committee of public and
    private members involved in the efficient use of the Puget Sound and
    adjacent waters. *Id.*

[^10]: Letter dated Feb. 1, 2004 from B.J. Ursin, President,
    Recreational Boating Association of Washington, to Commandant,
    United States Coast Guard (*RBAW Letter*). RBAW represents the
    interests of recreational boaters on legislative and regulatory
    matters affecting the quality, safety, and cost of boating in the
    Northwest. *Id*.

[^11]: Letter dated Feb. 1, 2004 from Captain D. Ellis, United States
    Coast Guard, to George Hall, North Pacific Marine Radio Council
    (*Ellis Letter*).

[^12]: *See Coast Guard Letter* at 1.

[^13]: *See Puget Sound Pilots Letter* at 1.

[^14]: *See Puget Sound Pilots Letter* at 1-2; *NPMRC Letter* at 1;
    *Ellis Letter* at 1.

[^15]: *See* 47 C.F.R. § 80.373(f).

[^16]: *See Puget Sound Pilots Letter* at 1; *NPMRC Letter* at 1;
    *PSHSSC Letter* at 1; *RBAW Letter* at 1; *Ellis Letter* at 1.

[^17]: *See Puget Sound Pilots Letter* at 1.

[^18]: *See* 47 C.F.R. § 80.373(f). Noncommercial communications are
    communication between coast stations and ship stations other than
    commercial transport ships, or between ship stations aboard other
    than commercial transport ships, which pertain to the needs of the
    ship.

[^19]: *See Puget Sound Pilots Letter* at 1; *NPMRC Letter* at 1.

[^20]: *RBAW Letter* at 1.

[^21]: Stations WHX629, WQB474, and WQZ422.

[^22]: *NPMRC Letter* at 1.

[^23]: *See* Amendment of Parts 13 and 80 of the Commission\'s Rules
    Concerning Maritime Communications, *Second Report and Order, Sixth
    Report and Order, and Second Further Notice of Proposed Rule
    Making*, WT Docket No. 00-48, PR Docket No. 92-257, 19 FCC Rcd 3120,
    3134 ¶ 25 (2004).

[^24]: *See Puget Sound Pilots Letter* at 2.

[^25]: *See Coast Guard Letter* at 1*.*