**DA 07-2597**

**Released: June 14, 2007**

## WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT

## ON REQUESTS FOR WAIVER TO PERMIT THE APPROVAL OF CLASS B AUTOMATIC IDENTIFICATION SYSTEM (AIS) DEVICES

**WT Docket No. 04-344**

**Comment Date: July 5, 2007**

**Reply Comment Date: July 16, 2007**

Pursuant to Section 1.925(c) of the Commission's Rules,[^1] the Wireless
Telecommunications Bureau (Bureau) hereby seeks comment on the requests
of ACR Electronics, Inc. [^2] and Software Radio Technology plc
(SRT)[^3] to authorize Class B AIS transponders (collectively, the
Requests). In a *Further Notice of Proposed Rule Making* in WT Docket
No. 04-344, the Commission proposed rules to permit the authorization
and use of Class B AIS devices.[^4] In this *Public Notice*, we request
comment on what procedures, if any, should be followed regarding
authorization and use of Class B AIS devices pending the resolution of
the rulemaking proceeding.

Low-cost Class B AIS devices are being developed for vessels not covered
by mandatory national and international carriage requirements. Class A
AIS devices are required for ships to meet international Safety of Life
at Sea (SOLAS) Convention ship carriage requirements and certain
domestic AIS ship carriage requirements under the Maritime
Transportation Security Act of 2002.[^5] Class B AIS devices are
intended to provide a less expensive alternative to Class A AIS
equipment, while still providing vessel information critical to maritime
safety and security. In standardizing AIS, the ITU Radiocommunications
Sector Recommendation 1371-1, "Technical characteristics for a universal
shipborne Automatic Identification System (AIS) using SOTDMA
(Self-Organizing Time Division Multiple Access) in the VHF maritime
mobile band," provides for a Class B AIS device. In 2006, the
International Electrotechnical Commission (IEC) adopted and published an
international standard, IEC 62287-1, that sets forth requirements and
test procedures for Class B AIS equipment.[^6] In WT Docket No. 04-344,
the Commission proposed to amend the Part 80 rules to incorporate by
reference the IEC 62287-1 standard and provide for the certification of
Class B AIS equipment that complies with that standard, and sought
comment on what measures, if any, should be adopted to ensure the
accuracy of AIS data transmitted via Class B devices.[^7]

During the pendency of the *Fourth Further Notice of Proposed Rule
Making* in PR Docket No. 92-257,[^8] which sought comment on rules to
provide for the certification of Class A AIS equipment, the FCC
Laboratory coordinated review of applications for certification of AIS
equipment with the United States Coast Guard and approved equipment that
met all applicable international standards and requirements.[^9] The
instant Requests seek certification of Class B AIS equipment prior to
the enactment of final rules in WT Docket No. 04-344 to provide for the
certification of Class B AIS equipment. We therefore solicit comment on
whether the Part 80 rules should be waived to permit the approval of
Class B AIS equipment prior to the resolution of the rulemaking
proceeding. We seek comment regarding how to proceed with respect to the
instant Requests, and any other requests for Class B certification
received prior to the resolution of WT Docket No. 04-344. Commenters
advocating the approval of Class B AIS devices while the rulemaking
proceeding remains pending should specify in their comments any
technical standards and requirements that the devices should be required
to meet, and any conditions that should be imposed on the approvals.

**Procedural Matters**

Comments on the Requests are due **no later than July 5, 2007**. Reply
Comments are due **no later than July 16, 2007**. All filings should
reference the docket number of this proceeding, WT 04-344.

This proceeding has been designated as a "permit-but-disclose"
proceeding in accordance with the Commission\'s ex parte rules.[^10]
Parties making oral *ex parte* presentations in this proceeding are
reminded that memoranda summarizing the presentation must contain the
presentation's substance and not merely list the subjects
discussed.[^11] More than a one- or two-sentence description of the
views and arguments presented is generally required.[^12]

The Requests are available for public inspection and copying in the
Commission\'s Reference Center, Room CY-A257, 445 12th Street, S.W.,
Washington, D.C. 20554. Copies of the Requests also may be obtained via
the Commission\'s Electronic Comment Filing System (ECFS) by entering
the docket number, WT 04-344. Copies of the Requests are also available
from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile
(301) 816-0169, e-mail FCC@BCPIWEB.com.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. *See* Electronic Filing of
Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments
filed through the ECFS can be sent as an electronic file via the
Internet to http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of
an electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet
e-mail. To get filing instructions for e-mail comments, commenters
should send an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, "get form." A sample form and
directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission\'s contractor will receive hand-delivered
or messenger-delivered paper filings for the Commission\'s Secretary at
236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

-The filing hours at this location are 8:00 a.m. to 7:00 p.m.

-All hand deliveries must be held together with rubber bands or
fasteners.

-Any envelopes must be disposed of before entering the building.

-Commercial overnight mail (other than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.

-U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

-All filings must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission.

Parties shall send one copy of their comments and reply comments to Best
Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402,
Washington, D.C. 20554, (800) 378-3160, e-mail <FCC@BCPIWEB.com>.

Comments filed in response to this *Public Notice* will be available for
public inspection and copying during business hours in the FCC Reference
Information Center, Portals II, 445 12th Street S.W., Room CY-A257,
Washington, D.C. 20554, and via the Commission\'s Electronic Comment
Filing System (ECFS) by entering the Docket Number, WT 04-344. The
comments may also be purchased from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (301) 816-0169, e-mail
FCC@BCPIWEB.com.

Alternate formats of this *Public Notice* (computer diskette, large
print, audio recording, and Braille) are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 (voice), (202)
418-7365 (TTY), or send an e-mail to <access@fcc.gov>.

For further information, contact Tim Maguire of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-1327,
<tim.maguire@fcc.gov>.

Action by the Deputy Chief, Mobility Division, Wireless
Telecommunications Bureau.

**- FCC -**

[^1]: 47 C.F.R. § 1.925(c).

[^2]: Letter dated Feb. 5, 2007 from Bryan French, Technical Compliance
    Leader, ACR Electronics, Inc., to Federal Communications Commission.

[^3]: Letter dated Apr. 13, 2007 from Matthew Clarke, Marine Product
    Manager, Software Radio Technology plc, to Federal Communications
    Commission.

[^4]: *See* Amendment of the Commission's Rules Regarding Maritime
    Automatic Identification Systems, *Report and Order and* *Further*
    *Notice of Proposed Rule Making and Fourth Memorandum Opinion and
    Order*, WT Docket 04-344, 21 FCC Rcd 8892, 8936-37 ¶¶ 62-64 (2006)
    (*AIS FNPRM*).

[^5]: *See* 47 C.F.R. § 80.1101(c)(12); *see also* P.L. 107-295, §
    102(e), 116 Stat. 2082 (2002) (codified at 46 U.S.C. § 70114).

[^6]: IEC 62287-1, "Maritime navigation and radio communication
    equipment and systems -- Class B shipborne equipment of the
    automatic identification system -- Part 1: Carrier--sense time
    division multiple access (CSTDMA) techniques," 2006 (IEC 62287-1),
    available from http://www.iec.ch.

[^7]: *AIS FNPRM*, 21 FCC Rcd at 8937 ¶¶ 63-64.

[^8]: Amendment of the Commission's Rules Concerning Maritime
    Communications, *Fourth Further Notice of Proposed Rule Making*, PR
    Docket No. 92-257, 17 FCC Rcd 227 (2001).

[^9]: *See* Applications for Equipment Authorization of Universal
    Shipborne Automatic Identification Systems to be Coordinated with
    U.S. Coast Guard to Ensure Homeland Security, *Public Notice*, 17
    FCC Rcd 11983 (OET 2002).

[^10]: *See* 47 C.F.R. §§ 1.1200(a), 1.1206.

[^11]: *See* Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings, *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^12]: *See* 47 C.F.R. § 1.1206(b)(2). Other rules pertaining to oral
    and written presentations are also set forth in Section 1.1206(b).
    *See* 47 C.F.R. § 1.1206(b).