**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | ) | WT Docket No. 00-48          |
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| Amendment of Parts 13 and 80 of  | ) | RM-9499                      |
| the                              |   |                              |
|                                  | ) |                              |
| Commission\'s Rules Concerning   |   |                              |
|                                  | ) |                              |
| Maritime Communications          |   |                              |
|                                  | ) |                              |
| Petition for Rule Making Filed   |   |                              |
| by                               | ) |                              |
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| Globe Wireless, Inc.             | ) |                              |
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| Federal Communications Bar       | ) |                              |
| Association\'s                   |   |                              |
|                                  | ) |                              |
| Petition for Forbearance from    |   |                              |
| Section 310(d)                   | ) |                              |
|                                  |   |                              |
| of the Communications Act        | ) |                              |
| Regarding Non‑                   |   |                              |
|                                  | ) |                              |
| Substantial Assignments of       |   |                              |
| Wireless Licenses                | ) |                              |
|                                  |   |                              |
| and Transfers of Control         | ) |                              |
| Involving                        |   |                              |
|                                  | ) |                              |
| Telecommunications Carriers      |   |                              |
|                                  | ) |                              |
| and                              |   |                              |
|                                  | ) |                              |
| Personal Communications Industry |   |                              |
| Association\'s                   | ) |                              |
|                                  |   |                              |
| Broadband Personal               | ) |                              |
| Communications Services          |   |                              |
|                                  | ) |                              |
| Alliance\'s Petition for         |   |                              |
| Forbearance for Broadband        | ) |                              |
|                                  |   |                              |
| Personal Communications Services | ) |                              |
+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**AND**

**MEMORANDUM OPINION AND ORDER**

**Adopted: March 17, 2000 Released: March 24, 2000**

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

**Reply Comment Date:** \[120 days after Federal Register publication\]

By the Commission:

**TABLE OF CONTENTS**

**Title Paragraph**

I. INTRODUCTION 1

II\. NOTICE OF PROPOSED RULE MAKING 4

A. EXECUTIVE SUMMARY 4

B. BACKGROUND 5

C. DISCUSSION 14

1\. Update of Part 80 Rules and Regulations 14

a\. Global Maritime Distress and Safety System (GMDSS) \[Subpart W\] 15

b\. Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons
\[Subpart Q\] 18

c\. General Technical Standards \[Subpart E\] 21

d\. Safety Watch Requirements and Procedures \[Subpart G\] 23

e\. Frequencies \[Subpart H\] 25

f\. Compulsory Radiotelephone Installations for Vessels 300 Gross Tons
\[Subpart R\] 27

g\. Emergency Position Indicating Radiobeacons (EPIRBs) \[Subpart V\] 29

2\. Fishing Vessels and the GMDSS 31

3\. Commercial Operator Licenses 34

a\. Restricted GMDSS Radio Operator\'s License 34

b\. Credit for Proof of Passing U.S. Coast Guard Training 37

III\. MEMORANDUM OPINION AND ORDER 40

IV\. CONCLUSION 44

V. PROCEDURAL MATTERS 45

A. Ex Parte Rules - Permit-But-Disclose Proceeding 45

B. Regulatory Flexibility Act 46

C. Comment Dates 47

D. Ordering Clauses 51

E. Further Information 55

Appendix \-- Proposed Rules

**I. INTRODUCTION**

1\. In this *Notice of Proposed Rule Making* (*Notice*), we propose to
consolidate, revise, and streamline our Rules governing maritime
communications pursuant to requests from the National GMDSS
Implementation Task Force (GMDSS Task Force)[^1] and Globe Wireless,
Inc. (Globe Wireless).[^2] The purpose of these proposed rule changes is
to address new international maritime requirements, improve the
operational ability of all users of marine radios and remove unnecessary
or duplicative requirements from our Rules.

2.  As described below, as of February 1, 1999, all elements of the
    Global Maritime Distress and Safety System (GMDSS) became fully
    operable.[^3] Consequently, certain rules applicable to past safety
    systems have become obsolete or redundant. Generally, we propose
    to (a) revise our Rules to implement changes in International
    Maritime Organization (IMO)[^4] or International Telecommunication
    Union (ITU)[^5] regulations or standards; (b) delete or modify rules
    affected by full implementation of the GMDSS, such as Subparts Q
    (Compulsory Radiotelegraph Installations for Vessels 1600 Gross
    Tons), R (Compulsory Radiotelephone Installations for Vessels 300
    Gross Tons), and W (Global Maritime Distress and Safety System
    (GMDSS)); and (c) delete or modify any other regulations that are
    deemed to be unnecessary or in need of clarification.[^6] We believe
    this proposed action will not only reduce significantly the number
    of regulations applicable to the maritime community, but by removing
    duplicative regulations, it will reduce the potential for confusion.
    In an effort to clarify the existing regulations, we also propose to
    make minor and non-substantive modifications to Part 80 of our
    Rules.[^7] We invite comment on these proposed changes and any other
    related modifications that would be in the public interest.

3.  In this *Memorandum Opinion and Order*, we extend forbearance from
    the requirements of Section 310(d) of the Communications Act of
    1934, as amended (Communications Act)[^8] for pro forma applications
    to telecommunications carriers licensed and regulated under Part 80
    of our Rules. Accordingly, we grant the Petition for Reconsideration
    filed by WJG MariTEL Corporation to include telecommunications
    carriers licensed under Part 80 of our Rules within the ambit of the
    *Forbearance MO&O*.[^9]

**II. NOTICE OF PROPOSED RULE MAKING**

**A. EXECUTIVE SUMMARY**

4\. In this *Notice,* we propose to consolidate, revise, and clarify
provisions in Parts 13 and 80 of our Rules governing maritime
communications. Specifically, we seek comment on the following:

-   The proposed modification of our rules to reflect revised
    international standards and recommendations which were endorsed by
    the IMO and ITU, many at the initiation of the United States; and to
    reflect significant changes in IMO and ITU performance standards and
    regulations.

 Global Wireless\'s Petition proposing to allow radio-teletypewriter,
data, telemetry, and telecommand transmissions on frequencies reserved
for Morse code transmissions.

 Applying our GMDSS rules to the commercial fishing industry.

 Creating a new Restricted GMDSS Radio Operator License to provide a
subordinate class of GMDSS license for radio operators aboard ships that
operate exclusively within Sea Area A1 (an area extending approximately
20 miles from the coast).

-   Accepting a proof of passing certificate from the United States
    Coast Guard (U.S. Coast Guard) training program as evidence that an
    applicant has met the obligations for any GMDSS operator license
    issued by the Commission.

-   Removing the certification for Class A, B, and S emergency position
    indicating radiobeacons (EPIRBs), which operate at 121.5 MHz and 243
    MHz.

**B. BACKGROUND**

5\. The GMDSS is primarily a ship-to-shore system (though it has
ship-to-ship capabilities) for the transmission of distress
communications.[^10] 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).[^11] 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.[^12]

6.  In 1988, the IMO amended the Final Acts of the Conference of
    Contracting Governments to the International Convention on the
    Safety of Life at Sea, 1974 (*SOLAS Convention*)[^13] to provide for
    the implementation of the GMDSS on a worldwide basis. The amendments
    provided for a phased-in implementation schedule between February 1,
    1992, and February 1, 1999.[^14] According to international
    regulations, certain ships that sail in international waters are
    subject to the *SOLAS Convention*, and are required to carry certain
    GMDSS radio equipment for safety purposes.[^15] These ships are
    called \"compulsory ships.\" Under the *SOLAS Convention*,
    compulsory ships include all passenger ships that carry more than
    twelve passengers and all cargo ships of 300 gross tons and over
    which are engaged on international voyages.[^16] Other ships, called
    \"voluntary ships," carry the same radio equipment even though they
    are not required to do so. To complement the GMDSS changes made by
    compulsory ships, some voluntary ships installed GMDSS radio
    equipment to enhance both their communications capabilities and
    their ability to alert rescue authorities during distress.[^17]

7.  To implement the requirements of the *SOLAS Convention,* the
    Commission, on January 16, 1992, adopted rules implementing the
    GMDSS in the United States.[^18] Our rules required the installation
    of a full array of GMDSS radio equipment on all United States
    compulsory ships by February 1, 1999.[^19] To remain consistent with
    the latest international standards, the Commission incorporated by
    reference[^20] several performance standards of the IMO,
    recommendations and regulations of the ITU and publications of the
    International Electro-technical Commission (IEC)[^21] and the
    International Standards Organization (ISO).[^22] Since 1992, many of
    these standards have been revised.

8.  Under the GMDSS, ships are required to carry varying amounts of
    communications equipment to provide a distress signal to the shore
    facilities depending upon which of the four \"Sea Areas\" the vessel
    operates.[^23] Each country identifies its four Sea Areas (A1
    through A4) and then notifies the IMO. Sea Area A1 is an area within
    the radiotelephone coverage of at least one very high frequency
    (VHF) coast station in which continuous DSC is available.[^24] Sea
    Area A2 is an area, excluding Sea Area A1, within the radiotelephone
    coverage of at least one medium frequency (MF) coast station at
    which continuous DSC is available.[^25] Sea Area A3 is an area,
    excluding Sea Areas A1 and A2, within coverage of an International
    Maritime Satellite Organization\'s (INMARSAT) maritime mobile
    geostationary satellite in which continuous alerting is
    available.[^26] Sea Area A4 is the area outside of Sea Areas A1, A2
    and A3.[^27]

9.  At present, Sea Areas A1 and A2 are not established along the U.S.
    coastline because the requisite shore-based VHF and MF equipment is
    not yet in place.[^28] Thus, in accordance with our Rules, a full
    array of Sea Areas A3 or A4 radio equipment must be installed on
    compulsory ships that sail in United States waters.[^29] Because Sea
    Areas A3 and A4 contemplate long ocean voyages, a significant amount
    of highly sophisticated equipment is required in addition to that
    equipment required for Sea Areas A1 or A2, resulting in
    substantially higher equipment costs.[^30]

10. In 1998, because Sea Areas A1 and A2 were not established in United
    States waters, we issued a temporary, conditional waiver of the
    GMDSS rules for fishing vessels of 300 gross tons or more, and small
    passenger vessels.[^31] We delegated to the Chief of the Wireless
    Telecommunications Bureau (Bureau) the authority to terminate the
    conditional waiver as it applies to small passenger vessels, but no
    sooner than six months following the establishment of Sea Areas A1
    and A2 for the United States.[^32] The waiver as it applies to
    fishing vessels was granted pending completion of a rule making
    proceeding addressing whether such fishing vessels should be
    required to comply with the Commission\'s GMDSS rules.[^33] This
    *Notice* marks the beginning of such proceeding.

11. Since 1992, the IMO and ITU have amended their Standards,
    Recommendations, and Regulations to clarify existing requirements
    and procedures in light of knowledge gained during the initial
    implementation of the GMDSS and to address new GMDSS requirements.
    As a result of the international amendments, we have received three
    petitions seeking amendments to our maritime rules. On January 14,
    1998, the GMDSS Task Force requested that we amend our Rules to
    create an additional class of GMDSS Radio Operator\'s License in
    order to improve the safety of vessels at sea.[^34] Parts 13 and 80
    of our Rules currently specify the radio operator licenses and the
    radio equipment requirements for U.S. vessels. These Rules are based
    on international requirements contained in the *SOLAS Convention*
    and similar domestic requirements contained in the Communications
    Act.[^35] Certain of the Maritime Service rules, particularly
    Subpart W of Part 80 of our Rules,[^36] are no longer applicable
    because other regulations (of the FCC and other U.S. or
    international agencies) have changed.

12. On February 17, 1999, Globe Wireless filed a petition for rule
    making proposing to amend Section 80.357 of our Rules[^37] to
    conform this rule to the requirements reached in the 1997 World
    Radiocommunication Conference (WRC-97) and to promote the use of
    advanced communications technologies in the maritime service.[^38]
    Specifically, Globe Wireless proposes to allow radio-teletypewriter
    (J2B), data, telemetry, and telecommand (J2D) transmissions on the
    frequencies currently reserved for Morse Code transmissions (A1A)
    under Section 80.357 of our Rules.

13. On April 30, 1999, the GMDSS Task Force recommended deleting,
    adding, or modifying approximately 375 regulations in Part 80 of our
    Rules.[^39] These recommendations note changes that the GMDSS Task
    Force believes are required to accommodate the implementation of
    GMDSS as well as to update obsolete sections in Part 80 of our
    Rules.

    **C. DISCUSSION**

    **1. Update of Part 80 Rules and Regulations**

14. By this *Notice*, we propose to incorporate the relevant current IMO
    and ITU Standards, Recommendations, and Regulations into our Rules;
    to clarify our Rules where warranted; and to revise our Rules as
    appropriate to remove any unnecessary or duplicative rules. In this
    connection, we note that certain decisions of the IMO in recent
    amendments to the *SOLAS Convention*[^40] affect Subpart W, while
    other decisions of the recent ITU WRC97 affect Part 80
    generally.[^41] We seek comments to assist us in formulating the
    rules that will guide the industry in making maritime communications
    widely available and efficient, while ensuring the safety of life
    and property at sea.[^42]

    **a. Global Maritime Distress and Safety System (GMDSS) \[Subpart
    W\]**

15. *Background*. The IMO and ITU recommendations and standards have
    been modified extensively since our GMDSS rules were adopted
    in 1992. These modifications clarify existing requirements and
    procedures and address new requirements.[^43] It is now necessary to
    implement these modifications. In addition, we recognize that there
    are compliance deadlines within our GMDSS rules that have passed and
    are no longer relevant.[^44] For example, on November 23, 1995, the
    IMO added new requirements to each element of GMDSS capable of
    sending a distress alert to require a dedicated means of activation,
    two independent actions to initiate a distress alert, protection
    from accidental activation, and a means to give status of an alert
    transmission so that it could be interrupted or initiated at any
    time.[^45] These changes were directed at reducing the number and
    impact of false alerts on Search and Rescue Authorities whose
    personnel were required to determine if the alert was real or false.

16. *Discussion.* We propose to incorporate the current IMO and ITU
    Standards, Recommendations, and Regulations into our Rules, to
    clarify our Rules where warranted, and to revise the Rules as
    appropriate to remove any unnecessary or duplicative regulations. We
    seek comment on the proposed revisions set out in the Appendix
    hereto, and any other related revisions that are needed. For
    example, Section 80.1111(d) of our Rules provides that a station
    receiving a DSC distress alert must cease any transmission that
    might interfere with distress traffic, and \"continue watch until
    the call has been acknowledged.\"[^46] It is our understanding that
    U.S. Coast Guard Search and Rescue experience has shown that too
    many ships were relaying distress calls without listening to see if
    a coast station had answered the call. In any event, the ITU changed
    this procedure, with the agreement of the United States, to require
    that a ship receiving a DSC distress call first monitor the
    associated distress voice traffic channel[^47] for five
    minutes.[^48] Additionally, the ship must monitor the DSC distress
    and safety channel so that the ship can hear the transmission of any
    DSC acknowledgements.[^49] The ship can acknowledge the alert to the
    ship or to the rescue authority by using voice or narrowband direct
    printing as appropriate on this channel. Pursuant to these changes
    to the international rules, we propose modifying Section 80.1111(d)
    of our Rules accordingly. We also propose analogous modifications to
    Sections 80.1113(d) and 80.1117(a) of our Rules.[^50]

17. We further propose to amend Section 80.1071 of our Rules[^51] in
    order to add a general exemption from certain GMDSS requirements for
    all ships that sail continuously within VHF radiotelephone coverage
    (approximately 20 miles from shore). We propose that this exemption
    would expire one year after the U.S. Coast Guard establishes
    appropriate Sea Area A1 coast stations. As indicated above, the
    shore-based VHF and MF DSC equipment needed to support Sea Areas A1
    and A2 in the United States is not yet fully operational.[^52] We
    seek comment on both our proposal for a general exemption and what
    the qualification requirements should be for this exemption.
    Finally, we propose that Sections 80.1123(c) and (d) of our Rules,
    which address watch keeping requirements, be moved to Subpart G
    (Safety Watch Requirements and Procedures) and updated.[^53] We seek
    comment on these proposals and any other Part 80 rule that may need
    revision.

    **b. Compulsory Radiotelegraph Installations for Vessels 1600 Gross
    Tons \[Subpart Q\]**

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b.  

18\. *Background*. Section 351 of the Communications Act requires the
installation of a radio telegraphy Morse Code station on cargo ships of
1600 gross tons or more, and all passenger ships irrespective of
size.[^54] The GMDSS replaces this previous safety system based on
radiotelegraphy. In the *GMDSS Order*, the Commission noted that the
*SOLAS Convention* permitted ships to voluntarily comply with the GMDSS
in lieu of the current manual Morse Code system as early as February 1,
1992.[^55] The Commission agreed with the SOLAS schedule for U.S. ships,
but stated that it could not eliminate the current manual
radiotelegraphy system and radio officers until changes to the
Communications Act were adopted.[^56] In 1996, Congress enacted Section
365 of the Communications Act, which provides that a U.S. ship operating
in accordance with the GMDSS provision of the *SOLAS Convention* is not
required to install a radio telegraphy Morse Code station operated by
one or more radio officers or operators.[^57] Section 365 of the
Communications Act also states: \"This section shall take effect for
each vessel upon a determination by the United States Coast Guard that
such vessel has the equipment required to implement the Global Maritime
Distress and Safety System installed and operating in good working
condition.\"[^58]

19\. In this regard, all compulsory vessels must either comply with
GMDSS[^59] or possess an exemption from specific requirements thereof as
of February 1, 1999.[^60] Ships installing new equipment must be
inspected to ensure that the equipment complies with our Rules and is
operating properly. In addition, each compulsory ship must display
either an annual radio safety inspection certificate indicating that the
ship has all the equipment required by GMDSS or a current FCC-issued
exemption which must be posted at the ship\'s communication station.
Previously, the Commission concluded that Congress did not intend for
the Commission or the U.S. Coast Guard to revise current vessel
certification or inspection procedures, particularly for GMDSS
vessels.[^61] Thus, the Commission determined that the Commission or its
designee would continue to inspect each GMDSS-equipped vessel to ensure
that the radio equipment on board complies with the GMDSS and is in good
working condition.[^62] In 1996, the U.S. Coast Guard indicated that it
may elect to rely on the Commission-issued (or designee-issued)
certificate of compliance in fulfilling the U.S. Coast Guard\'s
responsibilities under Section 365 of the Communications Act.[^63]

20\. *Discussion*. The GMDSS Task Force recommends that we eliminate, or
convert to voluntary compliance, the regulations governing compulsory
radiotelegraph installations for vessels 1600 gross tons, and eliminate
all Part 13 and Part 80 radiotelegraphy and radio officer
regulations.[^64] Because Section 365 of the Communications Act
prohibits requiring a ship to install a radio telegraphy station if it
is operating in accordance with the GMDSS, and, because all compulsory
vessels must demonstrate compliance with the GMDSS, we propose to
eliminate all the requirements in Subpart Q of Part 80 of our Rules,
with the exception of Section 80.825.[^65] Section 80.825 of our Rules
provides the requirements and specifications for installing radar
installations on ships that require the installation of radar by the
Safety Convention or the U.S. Coast Guard. We seek comment on this
proposal and whether there are any other requirements for radiotelegraph
installations for ships of 1600 gross tons or more that are set forth in
Subpart Q[^66] or any requirements relating to radiotelegraphy that are
set forth in other subparts of Part 80 that we should retain. In
addition, we seek comment on a proposal suggested by the GMDSS Task
Force that we convert the requirements for radiotelegraphy that are set
forth in Subpart Q to voluntary compliance.[^67]

c.  **General Technical Standards \[Subpart E\]**

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21. *Background.* Subpart E of Part 80 of our Rules provides the general
    technical requirements for the use of maritime frequencies and
    equipment.[^68] These requirements include standards for equipment
    authorization, frequency tolerance, modulation, emission, power, and
    bandwidth.

22. *Discussion.* The GMDSS Task Force makes a general suggestion that
    Subpart E needs to be updated.[^69] It recommends incorporating the
    IEC Test Standards by reference, and deleting the reference to
    Marisat.[^70] The Task Force, however, provides no information
    relating to the specific rules it believes requires revision nor
    which of the IEC Test Standards it recommends incorporating by
    reference into our Rules. We seek comment on whether any specific
    standards require modification and what the modification should be.
    In addition, we seek comment on whether IEC Test Standards should be
    incorporated by reference into our Rules, and if so, which specific
    standards should be included. Finally, we seek comment on how to
    simplify the means for keeping these general technical standards
    updated in the future.

    **d. Safety Watch Requirements and Procedures \[Subpart G\]**

23. *Background*. Prior to the GMDSS, each ship which was equipped with
    a radio telegraphy Morse Code station was required to maintain a
    continuous, live watch over the ship's communications equipment to
    ensure that someone was available to receive and transcribe safety
    communications such as distress, urgency, or safety messages.[^71]
    Existing Subpart G sets forth these requirements for these watches
    and the procedures for handling distress, urgency and safety
    transmissions.[^72]

24. *Discussion.* The GMDSS Task Force recommends that we update our
    Rules relating to distress, urgency and safety procedures pertaining
    to the use of 500 and 8364 kHz as distress and safety
    frequencies.[^73] Additionally, the GMDSS Task Force recommends that
    we delete references to alarm signals.[^74] Most of the specific
    provisions mentioned apply to our radiotelegraph rules and would
    therefore be included in our proposal to eliminate the
    radiotelegraphy rules.[^75] However, the GMDSS Task Force suggests
    that these rules should be consistent with current ITU
    Regulations.[^76] We agree that our rules should conform to the
    international standards.[^77] With that in mind, we note that the
    requirement in Section 80.1123(c) of our Rules, which states that
    "every ship while at sea must maintain, when practicable, a
    continuous listening watch on VHF Channel 16" (the VHF distress and
    safety channel), expired on February 1, 1999.[^78] However, the
    *SOLAS Convention* extended this requirement until February 1, 2005,
    in order to increase the safety of compulsory and voluntary vessels
    alike.[^79] Therefore, we propose to retain this watch requirement
    with an expiration date of February 1, 2005.[^80] Similarly,
    Sections 80.305(a)(2), (b)(1), and 80.1123(d) of our Rules provide
    that every compulsory ship at sea must maintain a continuous watch
    on 2182 kHz (the MF distress and safety frequency).[^81] The ITU
    recommends that vessels voluntarily maintain such a watch when a
    significant number of non-compulsory vessels is in the
    vicinity.[^82] We seek comment as to the practicality of a voluntary
    watch, what is considered a significant number, and whether a
    voluntary watch on 2182 kHz will provide meaningful benefits to
    ships (both compulsory and voluntary) at sea. We also propose that
    voluntary vessels that are equipped with DSC must maintain a watch
    on VHF DSC channel 70 (156.525 MHz) whenever the vessel is underway.
    We seek comment on this proposal. We also seek comment on the need
    for and the nature of any regulations to ensure adequate
    watchkeeping facilities and procedures until adequate shore
    communications are established for GMDSS.

    **e. Frequencies \[Subpart H\]**

25\. *Background.* Sections 80.351 through 80.363 of our Rules relates
to the general uses of radiotelegraphy; the distress, urgency, safety,
call and reply Morse Code frequencies; Morse Code working frequencies;
frequencies for DSC; frequencies for NB-DP; and frequencies for
facsimile.[^83] These Rules provide the requirements and specific
procedures to ensure that all ships are able to receive emergency
messages and process them uniformly. In its petition, Globe Wireless
notes that currently Section 80.357(a)(3) of our Rules restricts 744
frequencies in the HF band assignable to maritime stations to Morse Code
transmissions.[^84] Globe Wireless further asserts that this restriction
concerning Morse Code transmissions has resulted in inefficient use of
the spectrum.[^85] In accordance with revised ITU Radio Regulations,
Globe Wireless proposes allowing radio-teletypewriter, data, telemetry,
and telecommand transmissions on frequencies currently reserved for
Morse Code transmissions.[^86] Globe Wireless notes that the WRC-97
authorized the use of digital technology in certain MF and HF
radiotelephone and radiotelegraph bands, except for distress and safety
frequencies.[^87] Specifically, WRC-97 authorized the use of classes J2B
and J2D emissions on a non-interference basis to A1A Morse Code
operations.[^88] Globe Wireless asserts that amending our Rules to
conform to ITU Radio Regulation S52.54.1 would promote both
international comity and promote the use of higher-speed communications
technologies in scarce HF spectrum. [^89]

26\. *Discussion.* We tentatively conclude that removing the Morse Code
transmission restriction, as requested by Globe Wireless, would result
in the efficient use of these frequencies. Consequently, we propose to
amend our rules to permit J2B and J2D emission[^90] wherever A1A or F1B
emission[^91] is permitted on high seas frequencies, and to permit J2D
emission wherever J3E emission[^92] is permitted on high seas
frequencies. We believe this proposal will increase the operational
flexibility of MF and HF service providers and facilitate their ability
to offer additional services. Accordingly, we seek comment on our
proposal and tentative conclusion. In addition to the Globe Wireless
request, the GMDSS Task Force recommends that we update the frequency
tables in Subpart H in accordance with revised ITU Regulations.[^93] We
seek comment on the specific ITU Regulations that we should implement.
We also propose that Section 80.353 of our Rules, regarding the general
uses of radiotelegraphy, be deleted. The GMDSS Task Force further
recommends that we update our Rules by deleting 500 and 8364 kHz as
distress and safety frequencies, and eliminating the Morse Code
radiotelegraph frequencies.[^94] We invite comment on these proposals.
Finally, we seek comment on whether there should be any other revisions
to the rules set forth in Subpart H.

**f. Compulsory Radiotelephone Installations for Vessels 300 Gross Tons
\[Subpart R\]**

g.  

27\. *Background.* Subpart R provides the radiotelephone requirements
for cargo ships of 300 gross tons and upward, but less than 1600 gross
tons. As of February 1, 1999, all cargo vessels over 300 gross tons were
required to comply with Subpart W (GMDSS), which makes a separate
Subpart R covering these same vessels unnecessarily duplicative.

28\. *Discussion*. In light of the full implementation of the GMDSS, we
tentatively conclude that our Rules contained in Subpart R[^95] are
redundant with our Rules in Subpart W (GMDSS). We propose to eliminate
all requirements in Subpart R, with the exception of Section 80.879 of
our Rules.[^96] Pursuant to Section 80.879 of our Rules,[^97] ship radar
installations on ships of 500 gross tons and upwards, constructed after
September 1, 1984, must comply with the requirements and specifications
contained in Section 80.825 of our Rules.[^98] We also invite comment on
whether other rules in Subpart R should be retained for general or
individual exemption purposes. In our *Fishing Vessel Order*, we stated
that the waiver did not relieve the fishing vessels from compliance with
Subparts Q (radiotelegraph) and R (radiotelephone) of Part 80 of the
Commission's Rules.[^99] Consequently, we seek comment regarding the
continued need to specify radiotelephone requirements in Subpart R in
conjunction with GMDSS requirements in Subpart W, or whether Subpart R
should be deleted in its entirety or in part, and if so, when.

**g. Emergency Position Indicating Radiobeacons (EPIRBs) \[Subpart V\]**

29. *Background*. Subpart V of Part 80 of our Rules provides the
    technical and performance requirements for Classes A, B, C, and S,
    and Categories 1, 2, and 3 EPIRB stations.[^100] The requirements
    include standards for equipment authorization, modulation, power,
    and frequency stability.

30. *Discussion*. The U.S. Coast Guard has recommended that we remove
    the certification for Class A, B, and S EPIRBs, which operate at
    121.5/243 MHz.[^101] We tentatively agree with this recommendation.
    Specifically, we propose that: (1) certification of new Class A, B,
    and S EPIRBs cease immediately; (2) sales and manufacture of these
    devices cease as of February 1, 2003; and (3) operation of these
    devices cease as of December 31, 2006. We also propose to eliminate
    all Commission Rules that pertain to the obsolete Class C EPIRB.
    According to the U.S. Coast Guard, the use of 121.5/243 MHz EPIRBs
    has led to 350,000 false alerts over the past three years.[^102]
    Lifesaving efforts are often ineffective when 121.5/243 MHz EPIRBs
    transmit because there is no available registration information to
    aid detection.[^103] Adding to this ineffectiveness is the average
    alerting time of 121.5/243 MHz EPIRBs, which, by 2006, is expected
    to exceed the unacceptable level of ninety minutes.[^104] On the
    other hand, 406 MHz EPIRBs are responsible for four times the number
    of lives saved as 121.5/243 MHz EPIRBs, while being responsible for
    only two percent of the total number of false alerts that are
    attributed to 121.5/243 MHz EPIRBs.[^105] On this basis,
    COSPAS/SARSAT, the international program that operates the satellite
    processors for EPIRBs, recently announced that it will stop
    equipping new satellites with 121.5/243 MHz processors, and plans to
    establish a date after which any remaining active processors will be
    turned off.[^106] We believe that the complete transition to 406 MHz
    EPIRBs should cause very little disruption.[^107] Carriage of the
    406 MHz EPIRB is already required aboard SOLAS-class merchant
    vessels[^108] and U.S. commercial fishing vessels.[^109] The 406 MHz
    EPIRB is also being used aboard recreational vessels at an
    increasing rate.[^110] We seek comment on these points and our
    proposals regarding EPIRBs.

    **2. Fishing Vessels and the GMDSS**

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31. *Background.* Prior to the release of the *Fishing Vessel Order*,
    representatives of the fishing industry argued that the *SOLAS
    Convention* specifically exempted fishing vessels[^111] from its
    GMDSS regulations.[^112] They also argued that requiring fishing
    vessels to comply with the DSC communications requirements of the
    GMDSS rules would constitute an unnecessary financial burden,[^113]
    because the requisite shore-based VHF and MF DSC equipment used to
    establish Sea Areas A1 and A2 are not in place in the United
    States.[^114] Thus, they argued, to remain fully compliant with
    GMDSS rules, fishing vessels would be forced to carry the more
    expensive Sea Area A3 or A4 equipment.[^115] The *SOLAS Convention*
    specifically exempts fishing vessels from the GMDSS
    regulations.[^116] The Communications Act, however, defines a cargo
    ship as \"any ship not a passenger ship.\"[^117] Based on the
    Communications Act definition of "cargo ships,"[^118] we
    traditionally have categorized fishing vessels of 300 gross tons or
    more as \"cargo ships.\"[^119] Nevertheless, in the *Fishing Vessel
    Order,* we granted a temporary, conditional waiver of some of the
    GMDSS regulations for fishing vessels of 300 gross tons or more,
    pending completion of a rule making proceeding addressing whether
    fishing vessels should be required to comply with our GMDSS
    rules.[^120] By this *Notice*, we undertake a fuller examination of
    this matter.

32. *Discussion*. Based on the Communications Act, we affirm that
    fishing vessels of 300 gross tons or more are considered "cargo
    ships" and, therefore, subject to the GMDSS regulations.[^121]
    Nevertheless, we propose to extend the temporary, conditional
    exemption from the GMDSS DSC communications equipment requirements
    until one year after the U.S. Coast Guard establishes adequate DSC
    coast facilities for Sea Areas A1 and A2. As indicated above, the
    shore-based VHF and MF DSC equipment needed to support Sea Areas A1
    and A2 in the United States is not yet fully operational.[^122]
    Thus, absent the temporary, conditional waiver that was granted in
    the *Fishing Vessel Order*, fishing vessels of 300 gross tons and
    over would have to carry the more expensive Sea Area A3 or A4
    equipment to remain fully compliant with the GMDSS DSC
    communications equipment requirement. We agree with fishing industry
    representatives[^123] that under current conditions, full compliance
    with the GMDSS rules would impose an unnecessary financial burden on
    fishing vessels. Although we are concerned that exempting fishing
    vessels of 300 gross tons or more from the carriage of DSC
    communications equipment might place these fishing vessels at a
    greater safety risk, it is our expectation that coast stations that
    operate in the 2 MHz band will continue to tune to the MF distress
    and safety frequency, 2182 kHz, for watchkeeping purposes until DSC
    facilities are established.[^124] As discussed earlier, we
    tentatively conclude that a coast station that keeps watch on VHF
    Channel 16 and 2182 kHz can effectively monitor fishing vessels if
    the fishing vessels sail solely within the radiotelephone coverage
    of coast stations. Also, we note that under our current rules,
    fishing vessels of 300 gross tons and more must carry a NAVTEX
    receiver, EPIRB, and survival craft equipment,[^125] and must comply
    with our other applicable rules. We seek comment on this proposal,
    especially with respect to whether extending this exemption will
    place fishing vessels that are in distress at a greater safety risk.

33. We also propose that once adequate DSC coast facilities are in
    place, to require fishing vessels of 300 gross tons and over to
    comply with all of the GMDSS requirements appropriate to their area
    of operation. We are concerned that adopting a separate safety
    system for commercial fishing vessels would be expensive, difficult
    for these larger fishing vessels to administer, and likely to cause
    confusion during a distress incident. Moreover, we believe that the
    same level of safety requirements is necessary for the fishing
    industry as that for other maritime industries. We also are
    concerned that after other coast and ship stations discontinue their
    watchkeeping requirements on former distress and safety frequencies,
    VHF Channel 16 and 2182 kHz, large fishing vessels that lack DSC
    capability will have difficulty contacting other stations in the
    event of an emergency. We believe that for fishing vessels of 300
    gross tons or more, the benefits of full GMDSS capability will be
    worth the cost of the DSC equipment required for Sea Areas A1 and
    A2. Given the purpose of this proposal -- increased safety for
    fishing vessels -- it is especially important to avoid such possible
    effects by adopting a more effective solution, which would be
    uniform maritime rules. We seek comment on these proposals.

    **3. Commercial Operator Licenses**

    **a. Restricted GMDSS Radio Operator\'s License**

34. *Background*. We issue one type of commercial radio operator license
    for GMDSS operators, the GMDSS Radio Operator\'s License, which
    requires familiarity with all of the GMDSS equipment required for
    vessels sailing within all four sea areas.[^126] We also require
    each compulsory vessel to carry two crew members holding such a
    license.[^127] In addition, because Sea Areas A1 and A2 are not
    declared for United States territorial waters, our GMDSS rules
    require that United States compulsory ships carry the full array of
    GMDSS communications equipment described for Sea Area A3 or A4
    (*i.e.*, VHF, MF, DSC, and either satellite or HF DSC with
    narrow-band direct printing equipment).[^128] These requirements,
    which were established for extensive international ocean voyages,
    appear onerous for ships sailing within Sea Areas A1 and A2, which
    are closer to U.S. shores and have radiotelephone coverage.

35. The ITU Regulations, however, provide for two types of radio
    operators certificates: a General Operator\'s Certificate
    (equivalent to the GMDSS Radio Operator\'s License), and a
    Restricted Operator\'s Certificate for compulsory ships that operate
    exclusively within Sea Area A1. A Restricted Operator\'s Certificate
    requires familiarity with all of the GMDSS equipment required for
    vessels sailing within Sea Area A1, including VHF DSC procedures,
    and basic radio law and operating practice with which every maritime
    radio operator should be familiar.

36. *Discussion*. We tentatively conclude that we should permit
    compulsory vessels which are required to carry only the GMDSS
    equipment described for Sea Area A1,[^129] to have GMDSS operators
    hold only a Restricted GMDSS Radio Operator\'s License. We believe
    that a FCC-created Restricted GMDSS Radio Operator\'s License,
    equivalent to an ITU Restricted Operator\'s Certificate, even prior
    to the establishment of Sea Area A1 in the United States, is in the
    public interest for several reasons. First, some compulsory ships
    (*i.e.*, fishing vessels of 300 gross tons or more) sailing within
    twenty nautical miles of shore have been granted Commission
    exemptions to the additional GMDSS requirements which would be
    required for ships sailing on unlimited voyages within Sea Areas A3
    and A4. Operators on such compulsory ships do not need to be
    familiar with the additional equipment required for Sea Areas A3 and
    A4, and therefore should be permitted to be qualified commensurate
    to the equipment aboard the ship. As explained above, the GMDSS
    equipment rules for Sea Areas A3 and A4 were established for
    extensive international ocean voyages and are unnecessary, onerous
    and costly for ships operating in Sea Areas A1 and A2. Second, the
    training courses for this license should be shorter than the courses
    for a GMDSS Radio Operator's License and thus, will be more
    affordable and easier to schedule for personnel on compulsory ships
    sailing only in Sea Area A1 and voluntarily fitted ships.
    Accordingly, we seek comment regarding whether to establish a
    Restricted GMDSS Radio Operator\'s License. We propose to amend
    Section 13.201 of our Rules[^130] to require applicants for this
    license to pass an examination on elements 1 and 7R. Element 1 would
    consist of questions pertaining to basic radio law, treaties,
    regulations, and operating procedures and practices. Element 7R
    would consist of all GMDSS questions in Element 7 pertaining to the
    use of equipment required to be fitted on ships sailing solely
    within Sea Area A1, or, if appropriate, Sea Area A2. Element 7 is
    the GMDSS element for all systems including those required for Sea
    Area A1, A2, A3, and A4 ships. While we do not set forth any
    specific parameters for Element 7R at this time, we seek comment on
    specifics for this proposal or other methods of testing GMDSS
    Restricted Operator's License applicants. We also seek comment on
    whether we should, in accordance with current ITU guidance, allow
    ships that sail solely within Sea Area A2 to have operators
    qualified to a similar restricted GMDSS certificate for operation of
    Sea Area A2 equipment.

**b. Credit for Proof of Passing U.S. Coast Guard Training**

37. *Background.* Commercial Operator License Examination (COLE)
    Managers administer the examinations to ship personnel who apply for
    a FCC issued GMDSS Radio Operator's License. To qualify for a GMDSS
    Radio Operator's License, the applicant must demonstrate proficiency
    in basic radio law and operating practice (Element 1), and GMDSS
    radio operating practice (Element 7), through successful completion
    of a written examination.[^131] If such proficiency is demonstrated,
    then the COLE Managers will issue a Proof of Passing Certificate
    (PPC) to the applicant. The Commission then issues a GMDSS Radio
    Operator's License to the applicant upon receipt of that applicant's
    PPC.

38. Starting on February 1, 2002, all masters and mates must hold the
    FCC GMDSS Radio Operator's License and must also qualify for a U.S.
    Coast Guard[^132] GMDSS endorsement.[^133] A U.S. Coast Guard
    endorsement requires the successful completion of a 70-hour training
    program, including both theoretical examinations and practical
    demonstration of the candidate's ability to operate GMDSS
    equipment.[^134]

39. *Discussion.* The GMDSS Task Force states that the examination for a
    FCC GMDSS Radio Operator's License and the U.S. Coast Guard's
    theoretical examination are based on the same material and similar
    questions. We believe that this duplication of effort places a
    burden on all parties. Consequently, we propose to authorize the
    U.S. Coast Guard or its designee to issue a PPC to operators and
    maintainers of radio equipment who possess the relevant certificate
    of competency from a U.S. Coast Guard-approved training course. Upon
    receipt of the PPC, the Commission would issue a GMDSS Radio
    Operator\'s License (or, if it is created, Restricted GMDSS Radio
    Operator\'s License) to applicants with such certificates of
    competency. This proposal should reduce burdens on the applicant and
    eliminate redundant requirements.

## MEMORANDUM OPINION AND ORDER

40. *Background.* On February 4, 1998, we granted the FCBA
    petition[^135] and partially granted the PCIA petition[^136] from
    the application of the prior notification and approval requirements
    of Section 310(d) of the Communications Act[^137] to
    telecommunications carriers licensed by the Bureau for *pro forma*
    assignments of license and transfers of control.[^138] Specifically,
    we granted the FCBA request to forbear from the requirements of
    Section 310(d) of the Communications Act for all non-substantial
    transactions involving telecommunications carriers licensed by the
    Bureau.

41. Section 310(d) of the Communications Act forbids the assignment of a
    radio license or transfer of control of a radio licensee corporation
    without obtaining prior Commission consent.[^139] In our
    *Forbearance MO&O*, we held that there was sufficient justification
    in the record to forbear from enforcing the requirements of Section
    310(d) of the Communications Act as they apply to all
    telecommunications carriers licensed by the Bureau.[^140] Citing the
    Communications Act, we determined that a telecommunications carrier
    was \"any provider of telecommunications services,\" and a
    \"telecommunications service\" was the offering of
    telecommunications for a fee directly to the public, or to such
    classes of users as to be effectively available to the public.[^141]
    Because no commenter expressly opposed the FCBA\'s proposal and we
    found no reason to distinguish among different categories of
    telecommunications carriers, we intended to apply the forbearance
    uniformly to all telecommunications carriers licensed by the
    Bureau.[^142]

42. However, as noted by MariTEL,[^143] when we listed the categories of
    telecommunications carriers who were licensed by the Bureau, we did
    not include telecommunications carriers licensed and regulated under
    Part 80 of our Rules.[^144] MariTEL, a public coast service station
    provider, asserts that it is a telecommunications carrier because it
    provides telecommunications for a fee directly to the general
    public.[^145] Consequently, MariTEL requests that we reconsider and
    revise our Rules to include Part 80 licensees whom qualify as
    telecommunications carriers.[^146]

43. *Discussion.* Pursuant to Section 1.924(a)(2) of our Rules, licenses
    in the Maritime (ship) Radio Services may not be assigned.[^147]
    When a ship is sold, the new owner must apply for a new
    license.[^148] When the new license is issued, the former license
    must be surrendered for cancellation.[^149] For the foregoing
    reasons, Maritime (ship) Radio Services licenses are not subject to
    Section 310(d) of the Communications Act. On the other hand, Public
    Coast Stations, which are located on land, may be assigned pursuant
    to the provisions of Section 1.924(a)(1) of our Rules.[^150] We
    agree with MariTEL that the *Forbearance MO&O* should be applied to
    such telecommunications carriers licensed and regulated under Part
    80 of our Rules because these carriers provide telecommunications
    for a fee directly to the public. Accordingly, we grant MariTEL\'s
    Petition and will extend forbearance from the requirements of
    Section 310(d) of the Communications Act for pro forma applications
    to telecommunications carriers licensed and regulated under Part 80
    of our Rules.

#### IV. CONCLUSION {#iv.-conclusion .unnumbered}

44\. In view of the foregoing, we propose to: (1) amend our rules to
incorporate the current international standards and recommendations for
GMDSS; (2) amend our rules as requested by Globe Wireless, to allow
digital transmissions on high seas frequencies currently allocated for
Morse Code radiotelegraphy; (3) consider the extent to which our GMDSS
rules should apply to the commercial fishing industry; and (4) create a
new Restricted GMDSS Radio Operator class of commercial operator
license, and (5) accept a proof of passing certificate from the USCG
training program as evidence that an applicant has met his or her
obligations for any of the GMDSS operator license we issue. We invite
comment on these matters and our proposed rules that are appended
hereto. We also seek comment on any other related modifications to Parts
13 and 80 that would be in the public interest. Finally, we grant
MariTEL\'s Petition for Reconsideration and extend the determination in
our *Forbearance MO&O* to include Public Coast station licensees
regulated under Part 80 of our Rules.

####  {#section .unnumbered}

####  {#section-1 .unnumbered}

####  {#section-2 .unnumbered}

####  {#section-3 .unnumbered}

####  {#section-4 .unnumbered}

#### V. PROCEDURAL MATTERS  {#v.-procedural-matters .unnumbered}

**A. Ex Parte Rules - Permit-But-Disclose Proceeding**

45\. 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 our
Rules.[^151]

**B. Regulatory Flexibility Act**

46\. The Regulatory Flexibility Act (RFA)[^152] requires that an agency
prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that \"the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.[^153] The purpose of this *Notice* is to streamline
and clarify our rules under Parts 13 and 80 governing maritime
communications. The proposed rule changes do not impose any additional
compliance burden on small entities regulated by the Commission. Rather,
we anticipate that these recommended changes will reduce regulatory and
procedural burdens on small entities. Accordingly, we certify, pursuant
to Section 605(b) of the RFA, that the rules proposed in this *Notice*
will not, if promulgated, have a significant economic impact upon a
substantial number of small entities, as that term is defined by the
RFA. The Commission\'s Office of Public Affairs, Reference Operations
Division, shall send a copy of this *Notice*, including this
certification, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with the RFA. We shall also publish a copy
of this certification in the Federal Register. We shall analyze the
information submitted during the comment period and, if we determine at
the time we issue a final rule that such final rule changes will have a
significant economic impact on a significant number of small entities,
we shall prepare a Final Regulatory Flexibility Analysis.

#### C. Comment Dates {#c.-comment-dates .unnumbered}

47. Pursuant to Sections 1.415 and 1.419 of our Rules, 47 C.F.R. §§
    1.415, 1.419, interested parties may file comments on or before \[90
    days after Federal Register publication\] and reply comments on or
    before \[120 days after Federal Register publication\]. Comments may
    be filed using the Commission\'s Electronic Filing System (ECFS) or
    by filing paper copies. *See* Electronic Filing of Documents in
    Rulemaking Proceedings, 13 FCC Rcd 11322 (1998).

48. 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, then commenters must transmit one
    electronic copy of the comments to each docket or rulemaking number
    referenced in the caption. In completing the transmittal screen,
    commenters should include their full name, Postal Service mailing
    address, and the applicable docket or rulemaking number. Parties may
    also submit an electronic comment by Internet e-mail. To obtain
    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.

49. Parties who choose to file by paper must file an original and four
    copies of each filing. If more than one docket or rulemaking number
    appears in the caption of this proceeding, commenters must submit
    two additional copies for each additional docket or rulemaking
    number. All filings must be sent to the Commission\'s Secretary,
    Magalie Roman Salas, Office of the Secretary, Federal Communications
    Commission, 445 12th St., S.W., Room TW-A325, Washington, D. C.
    20554.

50. Parties who choose to file by paper should also submit their
    comments on diskette. These diskettes should be submitted to: Keith
    Fickner, Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, Room 4-C423, 445 12th St., S.W.,
    Washington, D.C. 20554. Such a submission should be on a 3.5 inch
    diskette formatted in an IBM compatible format using Microsoft Word
    97 or compatible software. The diskette should be accompanied by a
    cover letter and should be submitted in \"read only\" mode. The
    diskette should be clearly labeled with the commenter\'s name,
    proceeding (including the lead docket number in this case, WT Docket
    No. 00-48, type of pleading (comment or reply comment), date of
    submission, and the name of the electronic file on the diskette. The
    label should also include the following phrase \"Disk Copy - Not an
    Original.\" Each diskette should contain only one party\'s
    pleadings, preferably in a single electronic file. In addition,
    commenters should send diskette copies to the Commission\'s copy
    contractor, International Transcription Services, Inc., 1231 20th
    Street, N.W., Washington, D.C. 20037.

    **D. Ordering Clauses**

51. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r),
    and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 303(r) and 403, this *Notice of Proposed Rule Making* IS
    HEREBY ADOPTED.

52. IT IS FURTHER ORDERED, that, pursuant to Sections 4(i) and 303(r) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    303(r), the petition for rule making filed by Globe Wireless, Inc.
    on February 17, 1999, IS GRANTED.

53. IT IS FURTHER ORDERED, that the petition for reconsideration filed
    by WJG MariTEL Corporation, on February 23, 1999, IS GRANTED.

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

    **E. Further Information**

55. For further information, contact Keith Fickner, kfickner@fcc.gov, or
    Ghassan Khalek, gkhalek@fcc.gov, Policy and Rules Branch, Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau, (202) 418-0680, or TTY (202) 418-7233.

56\. Alternative formats (computer diskette, large print, audiocassette
and Braille) are available to persons with disabilities by contacting
Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at
mcontee@fcc.gov. This *Notice* can also be downloaded at:
http://www.fcc.gov/dtf/

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDIX**

**Proposed Rules**

Chapter I of Title 47 of the Code of Federal Regulations, Parts 13 and
80, are proposed to be amended as follows:

**I. PART 13 ‑‑ COMMERCIAL RADIO OPERATORS**

1\. The authority citation for Part 13 continues to read as follows:

**AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

2\. Section 13.7 is amended by revising paragraph (b) and adding a new
paragraph (b)(10) to read as follows:

**§ 13.7 Classification of operator licenses and endorsements.**

\* \* \* \* \*

\(b\) There are ten types of commercial radio operator licenses,
certificates and permits (licenses). The license\'s ITU classification,
if different from its name, is given in parentheses.

\* \* \* \* \*

\(10\) Restricted GMDSS Radio Operator License (Restricted Operator\'s
Certificate).

\* \* \* \* \*

3\. Section 13.13 is amended by revising paragraphs (a) and (d) to read
as follows:

§ **13.13 Application for a renewed or modified license.**

\(a\) Each application to renew a First Class Radiotelegraph Operator\'s
Certificate, Second Class Radiotelegraph Operator\'s Certificate, Third
Class Radiotelegraph Operator\'s Certificate, Marine

Radio Operator Permit, GMDSS Radio Operator\'s License, Restricted GMDSS
Radio Operator License, GMDSS Radio Maintainer\'s License, or GMDSS
Radio Operator/Maintainer License must be made on FCC Form 605. The
application must be accompanied by the appropriate fee and submitted in
accordance with § 1.913 of this chapter.

\* \* \* \* \*

\(d\) Provided that a person\'s commercial radio operator license was
not revoked, or suspended, and is not the subject of an ongoing
suspension proceeding, a person holding a General Radiotelephone
Operator License, Marine Radio Operator Permit, First Class
Radiotelegraph Operator\'s Certificate, Second Class Radiotelegraph
Operator\'s Certificate, Third Class Radiotelegraph Operator\'s
Certificate, GMDSS Radio Operator\'s License, Restricted GMDSS Radio
Operator License, GMDSS Radio Maintainer\'s License, or GMDSS Radio
Operator/Maintainer license, who has an application for another
commercial radio operator license which has not yet been acted upon
pending at the FCC and who holds a PPC(s) indicating that he or she
passed the necessary examination(s) within the previous 365 days, is
authorized to exercise the rights and privileges of the license for
which the application is filed. This authority is valid for a period of
90 days from the date the application is received. The FCC, in its
discretion, may cancel this temporary conditional operating authority
without a hearing.

\* \* \* \* \*

4\. Section 13.17 is amended by revising paragraph (b) to read as
follows:

**§ 13.17 Replacement license.**

\(b\) Each application for a replacement General Radiotelephone Operator
License, Marine Radio Operator Permit, First Class Radiotelegraph
Operator\'s Certificate, Second Class Radiotelegraph

Operator\'s Certificate, Third Class Radiotelegraph Operator\'s
Certificate, GMDSS Radio Operator\'s License, Restricted GMDSS Radio
Operator License, GMDSS Radio Maintainer\'s License, or GMDSS Radio
Operator/Maintainer license must be made on FCC Form 605 and must
include a written explanation as to the circumstances involved in the
loss, mutilation, or destruction of the original document.

\* \* \* \* \*

5\. Section 13.201 is amended by redesignating paragraphs (b)(7) and
(b)(8) as (b)(8) and (b)(9), and adding a new paragraph (b)(7) to read
as follows:

**§ 13.201 Qualifying for a commercial operator license or
endorsement.**

.

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(7\) Restricted GMDSS Radio Operator License: Written Elements 1, and
7R.

**II. 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 80.5 is amended to read as follows:

#########  {#section-5 .unnumbered}

######### Subpart A -- General Information {#subpart-a-general-information .unnumbered}

\* \* \* \* \*

**§ 80.5 Definitions.**

\* \* \* \* \*

*Digital selective calling (DSC)*. \* \* \* The operational and
technical characteristics of this system are contained in
Recommendations ITU-R M.493 and ITU-R M.541. (*See* subpart W of this
part.)

\* \* \* \* \*

*Distress signal*. \* \* \* \* \*

\(3\) For GMDSS, distress alerts result in an audible alarm and visual
indication that a ship or person is in grave and imminent danger and
requests immediate assistance. These automatic systems contain
sufficient information in the distress alert message to identify the
vessel, prepare to assist and begin a search. However, except when
transmitted via satellite EPIRB, the distress alert is just the initial
call for help. Communication between the vessel or person in distress
and the Rescue Coordination Center (RCC) or ship assisting should always
follow.

\* \* \* \* \*

*Safety signal.* \* \* \* \* \*

\(4\) For GMDSS, safety calls result in an audible alarm and visual
indication that the station sending this signal has a very urgent
message to transmit concerning the safety of navigation or giving
important meteorological warnings.

\* \* \* \* \*

*Urgency signal.* \* \* \* \* \*

\(4\) For GMDSS, urgency calls result in an audible alarm and visual
indication that the station sending this signal has a very urgent
message to transmit concerning the safety of a ship, aircraft, or other
vehicle, or of some person on board or within sight.

3.  Section 80.15 amended by deleting paragraph (e)(1) and redesignating
    paragraphs (e)(2) and (e)(3) as (e)(1) and (e)(2).

4.  Section 80.51 is amended by removing and reserving this section.

#########  {#section-6 .unnumbered}

######### Subpart B -- Applications and Licensing {#subpart-b-applications-and-licensing .unnumbered}

\* \* \* \* \*

**§ 80.51 \[Reserved\]**

5\. Section 80.89 is amended by deleting paragraph (e) and redesignating
paragraph (f) as paragraph (e).

6.  Section 80.93 is amended by revising paragraph (c) to read as
    follows:

######### Subpart C -- Operating Requirements and Procedures {#subpart-c-operating-requirements-and-procedures .unnumbered}

\* \* \* \* \*

**§ 80.93 Hours of service.**

\* \* \* \* \*

\(c\) *Compulsory ship stations*. (1) Compulsory ship stations whose
service is not continuous may not suspend operation before concluding
all traffic originating in or destined for public coast stations
situated within their range and mobile stations which have indicated
their presence.

\(2\) For GMDSS ships and for ships voluntarily fitting GMDSS
subsystems, radios shall be turned on and set to proper watch channels
while ships are underway. If ship has duplicate GMDSS installations for
DSC or INMARSAT, only one of each must be turned on and keeping watch.

\* \* \* \* \*

7\. Section 80.102 is amended by redesignating paragraph (e) as
paragraph (f) and adding a new paragraph (e) to read as follows:

**§ 80.102 Radiotelephone station identification.**

\* \* \* \* \*

\(e\) Voice traffic in the INMARSAT system is closed to other parties
except the two stations involved and the identification is done
automatically with the establishment of the call. Therefore, it is not
necessary for these stations to identify themselves periodically during
the communication. For terrestrial systems using DSC to establish
radiotelephone communications, the identification is made at the
beginning of the call. In these cases, both parties must identify
themselves by ship name, call sign or MMSI at least once every 15
minutes during radiotelephone communications.

\* \* \* \* \*

8\. Section 80.103 is amended by revising paragraph (c) to read as
follows:

**§ 80.103 Digital selective calling (DSC) operating procedures.**

\* \* \* \* \*

\(c\) DSC acknowledgement of DSC distress and safety calls must be made
by designated coast stations and such acknowledgement must be in
accordance with procedures contained in CCIR Recommendation 541.
Nondesignated public and private coast stations must follow the guidance
provided for ship stations in CCIR Recommendation 541 with respect to
DSC \"Acknowledgement of distress calls\" and \"Distress relays.\"
(*See* subpart W of this part.)

9\. Section 80.116 is amended by deleting paragraph (h).

**§ 80.116 Radiotelephone operating procedures for ship stations.**

\* \* \* \* \*

\(h\) \[Deleted\]

10\. Section 80.141 is amended by revising paragraph (c) to read as
follows:

**§ 80.141 General provision for ship stations.**

\* \* \* \* \*

\(c\) *Service requirements for vessels.* Each ship station provided for
compliance with Part II of Title III of the Communications Act must
provide a public correspondence service on voyages of more than 24 hours
for any person who requests the service. Compulsory radiotelephone ships
must provide this service for at least four hours daily. The hours must
be prominently posted at the principal operating location of the
station.

\* \* \* \* \*

11\. Section 80.145 is amended by removing and reserving this section.

**§ 80.145 \[Reserved\]**

12\. Section 80.148 is amended by deleting paragraph (c) and revising
the introductory text to read as follows:

**§ 80.148 Watch on 156.8 MHz (Channel 16).**

Until February 1, 2005, each compulsory vessel, while underway, must
maintain a watch for radiotelephone distress calls on 156.800 MHz
whenever such station is not being used for exchanging communications.
For GMDSS ships, 156.525 MHz is the calling frequency for distress,
safety, and general communications using digital selective calling and
the watch on 156.8 MHz is provided so that ships not fitted with DSC
will be able to call the GMDSS ships, thus providing a link between
GMDSS and non-GMDSS compliant ships. The watch on 156.800 MHz is not
required:

\* \* \* \* \*

13. Section 80.151 is amended by adding new paragraphs (b)(7) and (b)(8)
    to read as follows:

######### Subpart D -- Operator Requirements {#subpart-d-operator-requirements .unnumbered}

\* \* \* \* \*

**§ 80.151 Classification of operator licenses and endorsements.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(7\) GOL. GMDSS Radio Operator license (General Operator\'s
Certificate).

\(8\) ROL. Restricted GMDSS Radio Operator license (Restricted
Operator\'s Certificate).

\* \* \* \* \*

14\. Section 80.159 is amended by redesignating paragraph (d) as
paragraph (e) and adding a new paragraph (d) to read as follows:

**§ 80.159 Operator requirements of Title III of the Communications Act
and the Safety Convention**.

\* \* \* \* \*

\(d\) Each passenger ship equipped with a GMDSS installation in
accordance with subpart W of this part shall carry at least two persons
holding either an appropriate GMDSS Radio Operator License or an
Restricted GMDSS Radio Operator License, as specified in § 13.2 of this
chapter.

\* \* \* \* \*

15\. Section 80.165 is revised to read as follows:

**§ 80.165 Operator requirements for voluntary stations.**

*Minimum operator license*

> Ship Morse
> telegraph\...\...\...\...\...\...\...\...\...\...\...\...\... . T‑2.
>
> Ship direct‑printing telegraph\...\...\...\...\...\...\...\...\.....
> MP.
>
> Ship telephone, more than 250 watts carrier G.
>
> power or 1,000 watts peak envelope power.
>
> Ship telephone, not more than 250 watts MP.
>
> carrier power or 1,000 watts peak envelope
>
> power.
>
> Ship telephone, not more than 100 watts
>
> carrier power or 400 watts peak envelope
>
> power:
>
> Above 30
> MHz\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> None.\\1\\
>
> Below 30
> MHz\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.... RP.
>
> Ship earth
> station\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> RP.
>
> Terrestrial DSC ship telephone\...\...\...\...\...\...\...\...\...
> ROL.\\2\\
>
> \\1\\ RP required for international voyage.
>
> \\2\\ GOL required for voyages in Sea Areas A3 or A4

16\. Section 80.203 is amended by revising paragraph (g) to read as
follows:

######### Subpart E -- General Technical Standards {#subpart-e-general-technical-standards .unnumbered}

\* \* \* \* \*

**§ 80.203 Authorization of transmitters for licensing.**

\* \* \* \* \*

\(g\) Manufacturers of ship earth station transmitters intended for use
in the INMARSAT space segment must comply with the verification
procedures given in part 2 of this chapter. Such equipment must be
verified in accordance with the technical requirements provided by
INMARSAT and must be type approved by INMARSAT for use in the INMARSAT
space segment. The ship earth station input/output parameters, the data
obtained when the equipment is integrated in system configuration and
the pertinent method of test procedures that are used for type approval
of the station model which are essential for the compatible operation of
that station in the INMARSAT space segment must be disclosed by the
manufacturer upon request of the FCC or the United States Signatory.
Witnessing of the type approval tests and the disclosure of the ship
earth station equipment design or any other information of a proprietary
nature will be at the discretion of the ship earth station manufacturer.

\* \* \* \* \*

17\. Section 80.205 is amended by adding an entry to the table in
paragraph (a) between J2C and J3C to read as follows:

**§ 80.205 Bandwidths.**

+-----------------------+-----------------------+-----------------------+
| Class of emission     | Emission designator   | Authorized bandwidth  |
|                       |                       | (kHz)                 |
+-----------------------+-----------------------+-----------------------+
| \* \* \*              | \* \* \*              | \* \* \*              |
|                       |                       |                       |
| J2D^14^\...\...\..    | 2K80J2D               | 3.0                   |
| .\...\...\...\...\... |                       |                       |
| \...\...\...\...\.... | \* \* \* \* \*        | \* \* \* \* \*        |
|                       |                       |                       |
| \* \* \* \* \*        |                       |                       |
+-----------------------+-----------------------+-----------------------+

\* \* \* \* \*

^14^ The information is contained in multiple very low level
subcarriers.

18\. 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^                  | A1A, J2A, J2B, J2D                |
|                                   |                                   |
| Radiotelegraphy:                  | F1B, J2B                          |
|                                   |                                   |
| \* \* \* \* \*                    | F1B, J2B, J2D                     |
|                                   |                                   |
| 1605-27500 kHz:                   | \* \* \*                          |
|                                   |                                   |
| Manual^15\ 16\ 17^\...\...\....   | H3E, J2D, J3E, R3E                |
|                                   |                                   |
| DSC^16^\...\...\...\...\...\..... | A1A, J2A, J2B, J2D                |
|                                   |                                   |
| NB-DP^14\ 16^\...\...\...\...     | F1B, J2B                          |
|                                   |                                   |
| \* \* \*                          | F1B, J2B, J2D                     |
|                                   |                                   |
| Radiotelephony:                   | \* \* \*                          |
|                                   |                                   |
| 1605-27500                        | A1A, A2A, F1B, F2B, J2B, J2D      |
| kHz^5\ 16^\...\...\.....          |                                   |
|                                   | H3E, J2D, J3E, R3E                |
| \* \* \*                          |                                   |
|                                   |                                   |
| Land Stations^1^                  |                                   |
|                                   |                                   |
| Radiotelegraphy:                  |                                   |
|                                   |                                   |
| \* \* \* \* \*                    |                                   |
|                                   |                                   |
| 4000-27500 kHz:                   |                                   |
|                                   |                                   |
| Manual^16^\...\...\...\...\...    |                                   |
|                                   |                                   |
| DSC^18^\...\...\...\...\...\..... |                                   |
|                                   |                                   |
| NB-DP^14\ 18^\...\...\...\....    |                                   |
|                                   |                                   |
| \* \* \*                          |                                   |
|                                   |                                   |
| Alaska\--Fixed^17\ 18^\...\...    |                                   |
|                                   |                                   |
| \* \* \*                          |                                   |
|                                   |                                   |
| Radiotelephony:                   |                                   |
|                                   |                                   |
| 1605-27500                        |                                   |
| kHz^18\ 19^\...\...\.....         |                                   |
|                                   |                                   |
| \* \* \* \* \*                    |                                   |
+-----------------------------------+-----------------------------------+

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

\* \* \* \* \*

^5^ Transmitters type accepted 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.

\* \* \* \* \*

^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) of this
chapter.

^15^ J2B is permitted only on 2000-27500 kHz.

^16^ J2D is permitted only on 2000-27500 kHz, and ship stations
employing J2D emissions shall at no time use a peak envelope power in
excess of 1.5 kW per channel.

^17^ J2B and J2D are permitted provided they do not cause harmful
interference to A1A.

^18^ Coast stations employing J2D emissions shall at no time use a peak
envelope power in excess of 10 kW per channel.

^19^ J2D is permitted only on 2000-27500 kHz.

19\. Section 80.223 is amended by deleting paragraphs (b) and (c),
redesignating paragraph (d) as (b), and revising paragraph (a) to read
as follows:

**§ 80.223 Special requirements for survival craft stations.**

\(a\) Survival craft stations capable of transmitting on 121.500 MHz
must be able to operate with A3E or A3N emission.

\* \* \* \* \*

20\. Section 80.310 is revised to read as follows:

#########  {#section-7 .unnumbered}

######### Subpart G -- Safety Watch Requirements and Procedures {#subpart-g-safety-watch-requirements-and-procedures .unnumbered}

\* \* \* \* \*

**§ 80.310 Watch required by voluntary vessels.**

Voluntary vessels not equipped with DSC must maintain a watch on 156.8
MHz (channel 16) whenever the vessel is underway and the radio is not
being used to communicate. Voluntary vessels with DSC must maintain a
watch on 156.525 MHz (channel 70) whenever the vessel is underway. Non
commercial vessels, such as recreational boats, may alternatively
maintain a watch on 156.450 MHz (channel 9) for call and reply purposes.
Vessels voluntarily fitting additional radio equipment shall have it
turned on and set to the appropriate watch frequency whenever underway
and it is not being used to communicate.

21\. Section 80.353 is amended by removing and reserving this section.

######### Subpart H -- Frequencies {#subpart-h-frequencies .unnumbered}

\* \* \* \* \*

**§ 80.353 \[Reserved\]**

22\. Section 80.355 is amended by deleting paragraph (c)(1),
redesignating paragraphs (c)(2) and (c)(3) as (c)(1) and (c)(2), and
revising the newly designated paragraph (c)(1) and paragraph (d)(2) to
read as follows:

**§ 80.355 Distress, urgency, safety, call and reply Morse code
frequencies.**

\* \* \* \* \*

(c)(1) *Ship station frequencies*. The following table describes the
calling frequencies in the 4000-27500 kHz band which are available for
use by authorized ship stations equipped with crystal-controlled
oscillators for A1A, J2A, J2B, or J2D radiotelegraphy. \* \* \*

\* \* \* \* \*

\(d\) \* \* \* \* \*

\(2\) EPIRB stations may be assigned 121.500 MHz and 243 MHz using A3E,
A3X and NON emission or 406.025 MHz using G1D emission to aid search and
rescue operations. See subpart V of this part.

23\. Section 80.357 is amended by revising the title and introductory
paragraph and paragraph (b)(1) to read as follows:

**§ 80.357 Working frequencies for Morse code and data transmission.**

This section describes the working frequencies assignable to maritime
stations for A1A, J2A, J2B (2000-27500 kHz band only), or J2D
(2000-27500 kHz band only) radiotelegraphy.

\* \* \* \* \*

\(b\) *Coast station frequencies*\--(1) *Frequencies in the 100-27500
kHz band.* The following table describes the working carrier frequencies
in the 100-27500 kHz band which are assignable to coast stations located
in the designated geographical areas. The exclusive maritime mobile HF
bands listed in the table contained in § 80.363(a)(2) of this chapter
are also available for assignment to public coast stations for A1A, J2A,
J2B, or J2D radiotelegraphy following coordination with government
users.

\* \* \* \* \*

24\. Section 80.361 is amended by redesignating paragraph (a)(1) as
paragraph (a) and deleting paragraph (a)(2), and by revising paragraph
(b) to read as follows:

**§ 80.361 Frequencies for narrow-band direct-printing (NBDP),
radioprinter and data transmissions.**

\* \* \* \* \*

\(b\) The following table describes the frequencies and Channel Series
with F1B, J2B, or J2D emission which are assignable to ship stations for
NBDP and data transmissions with other ship stations and public coast
stations. Public coast stations may receive only on these frequencies.

\* \* \* \* \*

25\. Section 80.373 is amended by revising paragraphs (c)(2)(ii) and (f)
to read as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(ii\) The emissions must be J3E except that when DSC is used the
emission must be F1B, J2B, or J2D; and

\* \* \* \* \*

\(f\) *Frequencies in the 156-162 MHz band*. The following tables
describe the carrier frequencies available in the 156-162 MHz band for
radiotelephone communications between ship and private coast stations.
(Note: the letter "A" following the channel designator indicates simplex
operation on a channel designated internationally as a duplex channel.)

Frequencies in the 156-162 MHz band

+--------------+-----------------+-----------------+------------------+
| Channel      | Carrier         | Carrier         | Points of        |
| designator   | frequency (MHz) | frequency (MHz) | communication    |
|              |                 |                 |                  |
|              | Ship transmit   | Coast transmit  | (Intership and   |
|              |                 |                 | between          |
|              |                 |                 |                  |
|              |                 |                 | Coast and ship   |
|              |                 |                 | unless           |
|              |                 |                 |                  |
|              |                 |                 | otherwise        |
|              |                 |                 | indicated)       |
+--------------+-----------------+-----------------+------------------+

Port Operations

+--------------+-----------------+-----------------+------------------+
| 01A^1^       | 156.050         | 156.050         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.175         | 156.175         | Intership only.  |
|              |                 |                 |                  |
| 63A^1^       | 156.250         | 156.250         |                  |
| ....         |                 |                 |                  |
| ............ | 156.275         | 156.275         |                  |
|              |                 |                 |                  |
| 05A^2^       | 156.325         | 156.325         |                  |
| ....         |                 |                 |                  |
| ............ | 156.600         | 156.600         |                  |
|              |                 |                 |                  |
| 65A          | 156.675         | 156.675         |                  |
| .....        |                 |                 |                  |
| ............ | 156.700         | 156.700         |                  |
|              |                 |                 |                  |
| 66A          | 156.725         | 156.725         |                  |
| .....        |                 |                 |                  |
| ............ | 156.875         | ............    |                  |
|              |                 |                 |                  |
| 12^3^        | 157.000         | ............    |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 73. .......  |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 14^3^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 74. .......  |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 77^4^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 20A^12^      |                 |                 |                  |
| ...          |                 |                 |                  |
| ............ |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Navigational (Bridge-to-Bridge)^5^

+--------------+-----------------+-----------------+------------------+
| 13^6^        | 156.650         | 156.650         |                  |
| ......       |                 |                 |                  |
| ............ | 156.375         | 156.375         |                  |
|              |                 |                 |                  |
| 67^7^        |                 |                 |                  |
| ......       |                 |                 |                  |
| ............ |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Commercial

+--------------+-----------------+-----------------+------------------+
| 01A^1^       | 156.050         | 156.050         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.175         | 156.175         | Do.              |
|              |                 |                 |                  |
| 63A^1^       | 156.350         | 156.350         | Intership only.  |
| ....         |                 |                 |                  |
| ............ | 156.375         | ...........     | Intership only.  |
|              |                 |                 |                  |
| 07A          | 156.400         | ...........     |                  |
| .....        |                 |                 |                  |
| ............ | 156.450         | 156.450         |                  |
|              |                 |                 |                  |
| 67^7^        | 156.500         | 156.500         |                  |
| ......       |                 |                 |                  |
| ............ | 156.550         | 156.550         |                  |
|              |                 |                 |                  |
| 8.  .......  | 156.900         | 156.900         |                  |
| ............ |                 |                 |                  |
|              | 156.950         | 156.950         |                  |
| 9.  .......  |                 |                 |                  |
| ............ | 156.975         | 156.975         |                  |
|              |                 |                 |                  |
| 10. .......  | 157.025         | 157.025         |                  |
| ............ |                 |                 |                  |
|              | 157.425         | ...........     |                  |
| 11^3^        |                 |                 |                  |
| ......       | 156.625         | ...........     |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 18A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 19A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 79A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 80A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 88A^8^       |                 |                 |                  |
| .....        |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 72^14^       |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Digital Selective Calling

  -------------- ------------------ ------------------ ------------------
  70^15^         156.525            156.525            

  -------------- ------------------ ------------------ ------------------

Noncommercial

+--------------+-----------------+-----------------+------------------+
| 68^17^       | 156.425         | 156.425         | Intership only.  |
| .......      |                 |                 |                  |
| ........\... | 156.450         | 156.450         | Great Lakes      |
|              |                 |                 | only.            |
| 09^16^       | 156.475         | 156.475         |                  |
| .......      |                 |                 | Do.              |
| ........\... | 156.575         | 156.575         |                  |
|              |                 |                 | Intership only.  |
| 69. .......  | 156.625         | ...........     |                  |
| ............ |                 |                 |                  |
|              | 156.925         | 156.925         |                  |
| ```{=html}   |                 |                 |                  |
| <!-- -->     | 156.975         | 156.975         |                  |
| ```          |                 |                 |                  |
| 71. .......  | 157.025         | 157.025         |                  |
| ............ |                 |                 |                  |
|              | 156.375         | ...........     |                  |
| 72. .......  |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 78A          |                 |                 |                  |
| .....        |                 |                 |                  |
| ............ |                 |                 |                  |
|              |                 |                 |                  |
| 79A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 80A          |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
|              |                 |                 |                  |
| 67^14^       |                 |                 |                  |
| .......      |                 |                 |                  |
| ........\... |                 |                 |                  |
+--------------+-----------------+-----------------+------------------+

Distress, Safety and Calling

  --------------------- ------------------ ------------------ ------------------
  16                    156.800            156.800            
  ...................                                         

  --------------------- ------------------ ------------------ ------------------

Intership Safety

+--------------+-----------------+-----------------+------------------+
| 06           | 156.300         | ............    | a.  Intership,   |
| .......      |                 |                 |     or b. For    |
| ............ |                 |                 |                  |
|              |                 |                 | SAR: Ship and    |
|              |                 |                 | aircraft         |
|              |                 |                 |                  |
|              |                 |                 | for the U.S.     |
|              |                 |                 | Coast Guard.     |
+--------------+-----------------+-----------------+------------------+

Environmental

  ------------------- ------------------ ------------------ ------------------
  15^13^              ............       156.750            Coast to ship
  .................                                         only.

  ------------------- ------------------ ------------------ ------------------

Maritime Control

  ----------------- ------------------ ------------------ ------------------
  17^9,\ 10^        156.850            156.850            
  ...............                                         

  ----------------- ------------------ ------------------ ------------------

Liaison, U.S. Coast Guard

  ----------------- ------------------ ------------------ ------------------
  22A^11^           157.100            157.100            Ship, aircraft,
  ...............                                         and coast stations
                                                          of the U.S. Coast
                                                          Guard and at Lake
                                                          Mead, Nev., ship
                                                          and coast stations
                                                          of the National
                                                          Park Service, U.S.
                                                          Department of the
                                                          Interior.

  ----------------- ------------------ ------------------ ------------------

156.050 MHz and 156.175 MHz are available for port operations and
commercial communications purposes when used only within the U.S. Coast
Guard designated Vessel Traffic Services (VTS) area of New Orleans, on
the lower Mississippi River from the various pass entrances in the Gulf
of Mexico to Devil's Swamp Light at River Mile 242.4 above head of
passes near Baton Rouge.

^2^ 156.250 MHz is available for port operations communications use only
within the U.S. Coast Guard designated VTS radio protection areas of New
Orleans and Houston described in § 80.383.

^3^ 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S.
Coast Guard designated port areas only for VTS communications and in the
Great Lakes available primarily for communications relating to the
movement of ships in sectors designated by the St. Lawrence Seaway
Development Corporation or the U.S. Coast Guard. The use of these
frequencies outside VTS and ship movement sector protected areas is
permitted provided they cause no interference to VTS and ship movement
communications in their respective designated sectors.

^4^ Use of 156.875 MHz is limited to communications with pilots
regarding the movement and docking of ships. Normal output power must
not exceed 1 watt.

^5^ 156.375 MHz and 156.650 MHz are available primarily for intership
navigational communications. These frequencies are available between
coast and ship on a secondary basis when used on or in the vicinity of
locks or drawbridges. Normal output power must not exceed 1 watt.
Maximum output power must not exceed 10 watts for coast stations or 25
watts for ship stations.

^6^ On the Great Lakes, in addition to bridge-to-bridge communications,
156.650 MHz is available for vessel control purposes in established
vessel traffic systems. 156.650 MHz is not available for use in the
Mississippi River from South Pass Lighted Whistle Buoy "2" and Southwest
Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head
of Passes near Baton Rouge. Additionally it is not available for use in
the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet
Canal, and the Inner Harbor Navigational Canal, except to aid the
transition from these areas.

^7^ Use of 156.375 MHz is available for navigational communications only
in the Mississippi River from South Pass Lighted Whistle Buoy "2" and
Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4
above Head of Passes near Baton Rouge, and in addition over the full
length of the Mississippi River-Gulf Outlet Canal from entrance to its
junction with the Inner Harbor Navigational Canal, and over the full
length of the Inner Harbor Navigational Canal from its junction with the
Mississippi River to its entry to Lake Pontchartrain at the New Seabrook
vehicular bridge.

^8^ Within 120 km (75 miles) of the United States/Canada border, in the
area of the Puget Sound and the Strait of Juan de Fuca and its
approaches, 157.425 MHz is half of the duplex pair designated as Channel
88. In this area, Channel 88 is available to ship stations for
communications with public coast stations only. More than 120 km (75
miles) from the United States/Canada border, in the area of the Puget
Sound and the Strait of Juan de Fuca, its approaches, the Great Lakes,
and the St. Lawrence Seaway, 157.425 MHz is available for intership and
commercial communications. Outside Puget Sound area and its approaches
and the Great Lakes, 157.425 MHz is also available for communications
between commercial fishing vessels and associated aircraft while engaged
in commercial fishing activities.

^9^ When the frequency 156.850 MHz is authorized, it may be used
additionally for search and rescue training exercises conducted by state
or local governments.

^10^ The frequency 156.850 MHz is additionally available to coast
stations on the Great Lakes for transmission of scheduled Coded Marine
Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and
unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions are
permitted. Coast stations on the Great Lakes must cease weather
broadcasts which cause interference to stations operating on 156.800 MHz
until the interference problem is resolved.

^11^ The frequency 157.100 MHz is authorized for search and rescue
training exercises by state or local government in conjunction with U.S.
Coast Guard stations. Prior U.S. Coast Guard approval is required. Use
must cease immediately on U.S. Coast Guard request.

^12^ The duplex pair for channel 20 (157.000/161.600 MHz) may be used
for ship to coast station communications.

^13^ Available for assignment to coast stations, the use of which is in
accord with an agreed program, for the broadcast of information to ship
stations concerning the environmental conditions in which vessels
operate, i.e., weather; sea conditions; time signals; notices to
mariners; and hazards to navigation.

^14^ Available only in the Puget Sound and the Strait of Juan de Fuca.

^15^ The frequency 156.525 MHz is to be used exclusively for distress,
safety and calling using digital selective calling techniques. No other
uses are permitted.

^16^ The frequency 156.450 MHz is available for intership, ship and
coast general purpose calling by noncommercial vessels, such as
recreational boats and private coast stations.

^17^ The frequency 156.425 MHz is assigned by rule to private coast
stations in Alaska for facsimile transmissions as well as voice
communications.

\* \* \* \* \*

26\. Section 80.401 is amended to add publications appropriate for GMDSS
ships**.**

######### Subpart I -- Station Documents {#subpart-i-station-documents .unnumbered}

\* \* \* \* \*

**§ 80.401 Station documents requirement.**

Licensees of radio stations are required to have current station
documents as indicated in the following table:

<table>
<colgroup>
<col style="width: 9%" />
<col style="width: 31%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
<td>Radio Station Category</td>
<td><blockquote>
<p>Station License</p>
</blockquote></td>
<td><blockquote>
<p>Appropriate Operator Authorization</p>
</blockquote></td>
<td><blockquote>
<p>Station Logs</p>
</blockquote></td>
<td><blockquote>
<p>Appropriate Safety Convention Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Communications Act Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Great Lakes Radio Agreement Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Bridge to Bridge Act Safety Certificate</p>
</blockquote></td>
<td><blockquote>
<p>Part 80; FCC Rules and Regulations</p>
</blockquote></td>
<td><blockquote>
<p>Alphabetical List of Maritime Mobile Call Signs</p>
</blockquote></td>
<td><blockquote>
<p>List of Ship Stations</p>
</blockquote></td>
<td><blockquote>
<p>Manual for Use by Maritime Mobile (M/M) Service &amp; M/M Satellite
Service</p>
</blockquote></td>
<td><blockquote>
<p>List of Coast Stations</p>
</blockquote></td>
<td><blockquote>
<p>List of Radiodetermination and Special Services Stations</p>
</blockquote></td>
<td><blockquote>
<p>Station Equipment Records</p>
</blockquote></td>
</tr>
<tr class="even">
<td>Shipboard:</td>
<td>Telegraph; Title III, Part II/Safety Convention</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Telephone; Title III, Part II/Safety Convention</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td>R</td>
<td>R2</td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Telephone; Title III, Part II</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Telephone; Title III, Part III</td>
<td>R1</td>
<td>R</td>
<td>R</td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Telephone; Great Lakes Radio Agreement</td>
<td>R</td>
<td>R</td>
<td>R4</td>
<td></td>
<td></td>
<td>R4</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Telephone; Bridge-to-Bridge Act</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Radar</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>On Board</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
</tr>
<tr class="even">
<td></td>
<td>Voluntary</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>Land:</td>
<td>Public Coast (MF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R3</td>
<td>R3</td>
<td>R3</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Public Coast (HF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Public Coast (VHF)</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Private Coast</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Radio Determination</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Operational Fixed</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Maritime Support</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td>Alaska – Public Fixed</td>
<td>R</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>Alaska – Private Fixed</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>Ship/Coast:</td>
<td>Marine Utility</td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

Notes: 1. The expired station license must be retained in the station
records until the first Commission inspection after the expiration date.

2.  Alternatively, a list of coast stations maintained by the licensee
    with which communications are likely to be conducted, showing
    watch-keeping hours, frequencies and charges, is authorized.

3.  Required only if station provides a service to ocean-going vessels.

4.  Certification of a Great Lakes Agreement inspection may be made by
    either a log entry or issuance of a Great Lakes Agreement
    certificate. Radiotelephone logs containing entries certifying that
    a Great Lakes Agreement inspection has been conducted must be
    retained and be available for inspection by the FCC for 2 years
    after the date of the inspection.

27\. Section 80.405 is amended by revising paragraph (a) to read as
follows:

**§ 80.405 Station license.**

\(a\) *Requirement*. Stations must have an authorization granted by the
Federal Communications Commission unless the station is licensed by rule
as defined by Section 80. 13 (c) of this Part..

\* \* \* \* \*

28\. Section 80.409 is amended by revising paragraph (e) to read as
follows:

**§** **80.409 Station logs.**

\* \* \* \* \*

\(e\) *Ship radiotelephone logs*. Logs of ship stations which are
compulsorily equipped for radiotelephony must contain the following
applicable log entries and the time of their occurrence:

\(1\) A summary of distress communications heard, and urgency
communications affecting the station\'s own ship;

\(2\) A summary of safety communications on other than VHF channels
affecting the station\'s own ship;

\(3\) An entry that pre-departure equipment checks were satisfactory and
that required publications are on hand. Daily entries of satisfactory
tests to ensure the continued proper functioning of GMDSS equipment
shall be made.

\(4\) An entry describing any malfunctioning GMDSS equipment and another
entry when the equipment is restored to normal operation.

\(5\) A weekly entry that (1) the proper functioning of digital
selective calling (DSC) equipment has been verified by actual
communications or a test call, (2) the batteries or other reserve power
sources are functioning properly, (3) the portable survival craft radio
gear and radar transponders have been tested, and (4) the EPIRBs have
been inspected.

\(6\) The time of any inadvertent transmissions of distress, urgency and
safety signals including the time and method of cancellation.

\(7\) At the beginning of each watch, the Officer of the Deck, or GMDSS
Operator on watch, if one is provided, shall ensure that the navigation
receiver is functioning properly and is interconnected to all GMDSS
alerting devices which do not have integral navigation receivers,
including: VHF DSC, MF DSC, satellite EPIRB and HF DSC or INMARSAT SES.
On a ship without integral or directly connected navigation receiver
input to GMDSS equipment, the Officer of the Deck, or GMDSS Operator on
watch, shall update the embedded position in each equipment. An
appropriate log entry of these actions shall be made.

\(8\) A GMDSS radio log entry shall be made whenever GMDSS equipment is
exchanged or replaced (ensuring that ship MMSI identifiers are properly
updated in the replacement equipment), when major repairs to GMDSS
equipments are accomplished, and when annual GMDSS inspections are
conducted.

\* \* \* \* \*

29\. Section 80.415 is amended by revising the title and text as
follows:

**§ 80.415 Publications.**

\(a\) The following publications listed in the table contained in

§ 80.401 are published by the International Telecommunications Union

(ITU):

\(1\) Manual for Use of the Maritime Mobile and Maritime Mobile‑

Satellite Services.

\(2\) List IV‑‑List of Coast Stations.

\(3\) List V‑‑List of Ship Stations.

\(4\) List VI‑‑List of Radiodetermination and Special Services

Stations.

\(5\) List VII A‑‑Alphabetical List of Call Signs of Stations Used by

the Maritime Mobile Service, Ship Station Selective Call Numbers or

Signals and Coast Station Identification Numbers or Signals.

These publications may be purchased from:

International Telecommunication Union, General Secretariat‑‑Sales

Section, Place des Nations, CH‑1211 Geneva 20, Switzerland

\(b\) The following publications listed in the table contained in §
80.401 are available as follows:

(1) IMO GMDSS Master Plan may be purchased from International Maritime
    Organization (IMO), Publications, 4 Albert Embankment, LonSEE SE1 7
    SR, United Kingdom; telephone 011 44 71 735 7611.

(2) U.S. NIMA Pub 117

(3) Admiralty List of Radio Signals Volume 5 Global Maritime Distress
    and Safety System

30\. Section 80.807 is amended by revising paragraphs (a)(5) and (b)(3)
to read as follows:

######### Subpart Q -- Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons {#subpart-q-compulsory-radiotelegraph-installations-for-vessels-1600-gross-tons .unnumbered}

\* \* \* \* \*

**§ 80.807 Requirements of radiotelephone installation.**

\* \* \* \* \*

\(a\) \* \* \* \* \*

\(5\) This transmitter may be contained in the same enclosure as the
receiver required by paragraph (b) of this section. These transmitters
may have the capability to transmit J2D or J3E transmissions.

\(b\) \* \* \* \* \*

\(3\) This receiver may be contained in the same enclosure as the
transmitter required by paragraph (a) of this section. These receivers
may have the capability to receive J2D or J3E transmissions.

\* \* \* \* \*

31\. Section 80.905 is amended to read as follows:

######### Subpart S -- Compulsory Radiotelephone Installations for Small Passenger Boats {#subpart-s-compulsory-radiotelephone-installations-for-small-passenger-boats .unnumbered}

\* \* \* \* \*

**§ 80.905 Vessel radio equipment.**

\(a\) \* \* \* \* \*

\(1\) Vessels operated solely within the communications range of a VHF
public coast station or U.S. Coast Guard station that maintains a watch
on 156.800 MHz while the vessel is navigated must be equipped with a
VHF-DSC radiotelephone installation. Vessels in this category must not
operate

more than 20 nautical miles from land.

\(2\) Vessels operated beyond the 20 nautical mile limitation specified
in paragraph (a)(1) of this section, but not more than 100 nautical
miles from the nearest land, must be equipped with a MF-DSC transmitter
capable of transmitting J3E emission and a receiver capable of reception
of J3E emission within the band 1710 to 2850 kHz, in addition to the
VHF-DSC radiotelephone installation required by paragraph (a)(1) of this
section. The MF-DSC transmitter and receiver must be capable of
operation on 2670 kHz.

\(3\) Vessels operated more than 100 nautical miles but not more than
200 nautical miles from the nearest land must:

\(i\) Be equipped with a VHF-DSC radiotelephone installation;

\(ii\) Be equipped with an MF-DSC radiotelephone transmitter and
receiver

meeting the requirements of paragraph (a)(2) of this section; and

\* \* \* \* \*

\(vii\) Participate in the AMVER system while engaged on any voyage
where the vessel is navigated in the open sea for more than 24 hours.
Copies of the AMVER Bulletin are available at: AMVER Maritime Relations,
Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax
212-668-7684; rkenney@batteryny.uscg.mil.

\(4\) Vessels operated more than 200 nautical miles from the nearest
land must:

\(i\) Be equipped with two VHF-DSC radiotelephone installations;

\(ii\) Be equipped with an MF-DSC radiotelephone transmitter and
receiver meeting the requirements of paragraph (a)(2) of this section;

\* \* \* \* \*

\(ix\) Participate in the AMVER system while engaged on any voyage where
the vessel is navigated in the open sea for more than 24 hours. Copies
of the AMVER Bulletin are available at: AMVER Maritime Relations,
Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax
212-668-7684; rkenney@batteryny.uscg.mil.

\(b\) For a vessel that is navigated within the communication range of a
VHF public coast station or U.S. Coast Guard station, but beyond the 20
nautical mile limitation specified in paragraph (a)(1) of this section,
an exemption from the band 1605 to 2850 kHz installation requirements
may be granted if the vessel is equipped with a VHF-DSC transmitter and
receiver. An application for exemption must include a chart showing the
route of the voyage or the area of operation of the vessel, and the
receiving service area of the VHF public coast or U.S. Coast Guard
station. The coverage area of the U.S. Coast Guard station must be based
on written information from the District Commander, U.S. Coast Guard, a
copy of which must be furnished with the application. The coverage area
of a public coast station must be computed by the method specified in
subpart P of this part.

\(c\) \* \* \* \* \*

\(d\) A VHF-DSC radiotelephone installation or a remote unit must be
located at each steering station except those auxiliary steering
stations which are used only during brief periods for docking or for
close‑in maneuvering. A single portable VHF-DSC radiotelephone set meets
the requirements of this paragraph if adequate permanent mounting
arrangements with suitable power provision and antenna feed are
installed at each operator steering station. Additionally, for vessels
of more than 100 gross tons, the radiotelephone installation must be
located at the level of the main wheelhouse or at least one deck above
the vessel\'s main deck.

32\. Section 80.933 is amended by revising paragraph (c) introductory
text to read as follows:

**§ 80.933 General small passenger vessel exemptions.**

\* \* \* \* \*

\(c\) U.S. passenger vessels of less than 100 gross tons operated on
domestic or international voyages are exempt from the radiotelegraph
requirements of Part II of Title III of the Communications Act and the
MF radiotelephone requirements of this subpart until six months after
the Coast Guard notifies the Commission that shore-based Sea Area A1 and
A2 coverage is established, if the following criteria are fully met:

> \* \* \* \*

33\. Section 80.1053 is amended by revising the text to read as follows:

**Subpart V -- Emergency Position Indicating Radiobeacons (EPIRBs)**

\* \* \* \* \*

**§** **80.1053 Special requirements for Class A EPIRB stations.**

Class A EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Class A EPIRB stations
installed on board vessels before February 1, 2003 may be used until
December 31, 2006, and not thereafter. New Class A EPIRBs will no longer
be certified by the Commission.

\(a\) \* \* \* \* \*

> \* \* \* \*

34\. Section 80.1055 is amended by revising the text to read as follows:

**§** **80.1055 Special requirements for Class B EPIRB stations.**

Class B EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Class B EPIRB stations
installed on board vessels before February 1, 2003 may be used until
December 31, 2006, and not thereafter. New Class B EPIRBs will no longer
be certified by the Commission.

\(a\) \* \* \* \* \*

> \* \* \* \*

35\. Section 80.1057 is amended by removing and reserving this section.

**§ 80.1057 \[Reserved\]**

36\. Section 80.1059 is amended by revising the text to read as follows:

**§** **80.1059 Special requirements for Class S EPIRB stations.**

Class S EPIRBs shall not be manufactured, imported, or sold in the
United States on or after February 1, 2003. Class S EPIRB stations
installed on board vessels before February 1, 2003 may be used until
December 31, 2006, and not thereafter. New Class S EPIRBs will no longer
be certified by the Commission.

\(a\) \* \* \* \* \*

> \* \* \* \*

37\. Section 80.1061 is amended by revising the text to read as follows:

**§** **80.1061 Special requirements for 406.025 MHz EPIRB stations.**

\(a\) Notwithstanding the provisions in paragraph (b) of this section,
406.025 MHz EPIRBs must meet all the technical and performance standards
contained in the Radio Technical Commission for Maritime Services
document titled \`\`RTCM Recommended Standards for 406 MHz Satellite

Emergency Position‑Indicating Radiobeacons (EPIRBs)\'\' dated July 31,
1987, with editorial updates of December 31, 1987 (RTCM Recommended
Standards). This RTCM document is incorporated by reference in
accordance with 5 U.S.C. 552(a). The document is available for
inspection at Commission headquarters in Washington, D.C. or may be
obtained from the Radio Technical Commission for Maritime Services, 1800
Diagonal Road, Suite 600, Alexandria, VA 22314. Phone 703-684-4481; Fax
703-684-4229; email wtadams@rtcm.org.

\(b\) \* \* \* \* \*

\(c\) Prior to submitting a certification application for a 406 MHz
radiobeacon, the radiobeacon must be certified by a test facility
recognized by one of the COSPAS/SARSAT Partners that the equipment
satisfies the design characteristics associated with the measurement
methods described in Appendix B of the RTCM Recommended Standards.
Additionally, the radiobeacon must be certified by a test facility
recognized by the U.S. Coast Guard to certify that the equipment
complies with the U.S. Coast Guard environmental and operational
requirements associated with the test procedures described in Appendix A
of the RTCM Recommended Standards. Information regarding the recognized
test facilities may be obtained from Commandant (G‑MVI), U.S. Coast
Guard, 2100 2nd Street SW, Washington, DC 20593-0001.

\(1\) After a 406.025 MHz EPIRB has been certified by the recognized
test facilities the following information must be submitted in duplicate
to the Commandant (G‑MVI), U.S. Coast Guard, 2100 2nd Street SW,
Washington, DC 20593-0001:

\* \* \* \* \*

38\. Section 80.1073 is amended to read as follows:

**Subpart W -- Global Maritime Distress and Safety System (GMDSS)**

\* \* \* \* \*

**§ 80.1073 Radio operator requirements for ship stations.**

\(a\) Ships must carry at least two persons holding GMDSS Radio
Operator\'s Licenses as specified in § 13.2 of this chapter for distress
and safety radiocommunications purposes. The GMDSS Radio Operator\'s
License qualifies personnel as GMDSS radio operator for the purposes of
operating GMDSS radio installation, including basic equipment
adjustments as denoted in knowledge requirements specified in § 13.21 of
this chapter.

\(1\) A qualified GMDSS radio operator must be designated to have
primary responsibility for radiocommunications during distress
incidents, except if the vessel operates in Sea Area A1 exclusively, in
which case a qualified restricted radio operator may be so designated.

\(2\) A second qualified GMDSS radio operator or restricted GMDSS radio
operator must be designated as backup for distress and safety
radiocommunications.

\(b\) A qualified GMDSS radio operator, and a qualified backup, as
specified in paragraph (a) of this section, must be:

\(1\) Available to act as the dedicated radio operator in cases of
distress as described in § 80.1109(a);

\(2\) Designated to perform as part of normal routine each of the
applicable communications described in § 80.1109(b);

\(3\) Responsible for selecting HF DSC guard channels and receiving
scheduled maritime safety information broadcasts;

\(4\) Designated to perform communications described in § 80.1109(c);

\(5\) Responsible for ensuring that the watches required by § 80.1123
are properly maintained; and

\(6\) Responsible for ensuring that the ship\'s navigation position is
entered, either manually or automatically through a navigation receiver,
into all installed DSC equipment at least every four hours while the
ship is underway.

39\. Section 80.1074 is amended by deleting paragraph (b), redesignating
paragraphs (c) and (d) as (b) and (c), and revising paragraph (a) to
read as follows:

**§** **80.1074 Radio maintenance personnel for at‑sea maintenance.**

\(a\) Ships that elect the at‑sea option for maintenance of GMDSS
equipment (*see* § 80.1105) must carry at least one person who qualifies
as a GMDSS radio maintainer for the maintenance and repair of equipment
specified in this subpart. This person may be, but need not be, the
person designated as GMDSS radio operator as specified in § 80.1073 of
this part.

\* \* \* \* \*

40\. Section 80.1077 is amended to read as follows:

**§ 80.1077 Frequencies.**

The following table describes the frequencies used in the Global
Maritime Distress and Safety System:

Alerting:

406 EPIRBs\...\...\...\...\...\...\...\...\...\... 406‑406.1 MHz
(Earth-to-space).

1544‑1545 MHz (space‑to‑Earth).

INMARSAT Ship Earth

Stations capable of voice

and/or direct printing\...\...\...\...\...\...\.... 1626.5‑1645.5 MHz
(Earth‑to‑space).

\* \* \* \* \*

41\. Section 80.1083 is amended by adding a new paragraph (d) to read as
follows:

**§** **80.1083 Ship radio installations.**

\* \* \* \* \*

\(d\) A Shipborne Integrated Radiocommunication System (IRCS) may be
utilized to integrate all GMDSS equipment into a standard operator\'s
console. Such installation must be type accepted in accordance with §
80.1103 and meet the requirements of IMO Assembly Resolution A.811(19).

42\. Section 80.1085 is amended by revising paragraph (d) and adding a
new paragraph (e) to read as follows:

**§** **80.1085 Ship radio equipment‑‑General.**

\* \* \* \* \*

\(d\) Ships must carry either the most recent edition of the IMO
publication entitled GMDSS Master Plan of Shore‑Based Facilities, the
U.S. NIMA Publication 117, or the Admiralty List of Radio Signals Volume
5 Global Maritime Distress and Safety System. Notice of new editions
will be published on the Commission\'s Wireless Telecommunications
Bureau web page under Marine Services and information will be provided
about obtaining the new document.

\(e\) All GMDSS equipment capable of transmitting an automatic distress
alert which includes position of the ship must have either an integral
navigation receiver or capability of being connected to an external
navigation receiver. If an external navigation receiver is installed, it
shall be connected to all of the alerting devices referred to above. If
there is no navigation receiver, the position must be entered manually
for each alerting device at least once every 4 hours (at the change of
the navigation watch).

43\. Section 80.1091 is amended to add a note at the end of paragraph
(a)(4)(iii) to read as follows:

**§** **80.1091 Ship radio equipment \-- Sea areas A1, A2, and A3.**

\(a\) \* \* \* \* \*

\(4\) \* \* \* \* \*

\(iii\) \* \* \* \* \*

Note \-- For ships subject to this subpart, sailing only in domestic
waters, alternative satellite system fitting may be considered. However,
the satellite system fitted must comply with all features of the
INMARSAT system for its intended function. These are shown in IMO
Assembly Resolution A.801(19) Annex 5 Criteria for Use When Providing
Inmarsat Shore-Based Facilities for Use in the GMDSS. In any case, the
alternative satellite system must provide continuous coverage for all
sea areas in which the ship intends to sail.

44\. Section 80.1099 is amended by revising paragraph (f)(2) to read as
follows:

**§ 80.1099 Ship sources of energy.**

\* \* \* \* \*

\(f\) \* \* \* \* \*

\(2\) Battery charge levels should be checked at intervals of 30 days or
less with equipment turned ON and the battery charger turned OFF.
Portable equipment with primary batteries such as EPIRBs and SARTs
should be checked at the same intervals using methods recommended by the
manufacturer. The results of battery checks should be recorded in the
radio log.

\* \* \* \* \*

45\. Section 80.1101 is revised to read as follows:

**§ 80.1101 Performance standards.**

\(a\) \* \* \* \* \*

\(2\) International Telecommunication Union - Telecommunication
Standardization Bureau (ITU-T).

\* \* \* \* \*

\(5\) International Telecommunication Union - Radiocommunication Bureau
(ITU-R).

\(b\) \* \* \* \* \*

\(2\) ITU-T Recommendation E.161, \`\`Arrangement of Figures, Letters
and Symbols on Telephones and Other Devices that Can Be Used for Gaining
Access to a Telephone Network,\'\' 1989.

\(3\) ITU-T Recommendation Q.11, \`\`Numbering Plan for the
International Telephone Service,\'\' 1989.

\* \* \* \* \*

\(c\) \* \* \* \* \*

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

\(ii\) ITU-R Recommendation M.540-2, \`\`Operational and Technical
Characteristics for an Automated Direct‑printing Telegraph System for
Promulgation of Navigational and Meteorological Warnings and Urgent
Information to Ships,\'\' 1990.

\(2\) *VHF radio equipment*: (i) IMO Resolution A.803(19),
\`\`Performance Standards for Shipborne VHF Radio Installations Capable
of Voice Communication and Digital Selective Calling,\'\' adopted 23
November 1995.

\(ii\) ITU-R Recommendation M.493‑9, \`\`Digital Selective‑calling
System for use in the Maritime Mobile Service,\'\' 1997, and ITU-R
Recommendation M.541-8, \"Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service,\" 1997.

\(3\) *MF radio equipment:* (i) IMO Resolution A.804(19),
\`\`Performance Standards for Shipborne MF Radio Installations Capable
of Voice Communication and Digital Selective Calling,\'\' adopted 23
November 1995.

\(ii\) ITU-R Recommendation M.493‑9, \`\`Digital Selective‑calling
System for use in the Maritime Mobile Service,\'\' 1997, and ITU-R
Recommendation M.541-8, \"Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service,\" 1997.

\(4\) *MF/HF radio equipment*: (i) IMO Resolution A.806(19),
\`\`Performance Standards for Shipborne MF/HF Radio Installations
capable of Voice Communication, Narrow‑band Direct Printing and digital
Selective Calling,\'\' adopted 23 November 1995.

\(ii\) ITU-R Recommendation M.493‑9, \`\`Digital Selective‑calling
System for use in the Maritime Mobile Service,\'\' 1997, and ITU-R
Recommendation M.541-8, \"Operational procedures for the use of digital
selective-calling equipment in the maritime mobile service,\" 1997.

\(iii\) ITU-R Recommendation M.625-3, \`\`Direct‑printing Telegraph
Equipment Employing Automatic Identification in the Maritime Mobile
Service,\'\' 1995. Equipment may conform to ITU-R Recommendation
M.476‑5, \`\`Direct‑Printing Telegraph Equipment in the Maritime Mobile
Service,\'\' 1995, in lieu of ITU-R Recommendation M.625‑3, where such
equipment was installed on ships prior to February 1, 1993.

\* \* \* \* \*

\(5\) *406 MHz EPIRBs*: (i) IMO Resolution A.810(19), \`\`Performance
Standards for Float‑free Satellite Emergency Position‑indicating Radio
Beacons (EPIRBs) Operating on 406 MHz,\'\' adopted 23 November 1995, and
IMO Resolution A.812(19), \`\`Performance Standards for Float‑free
Satellite Emergency Position‑indicating Radio Beacons Operating Through
the Geostationary INMARSAT Satellite System on 1.6 GHz, adopted 23
November 1995.

\(ii\) \* \* \* \* \*

\(iii\) ITU-R Recommendation M.633‑1, \`\`Transmission Characteristics
of a Satellite Emergency Position‑indicating Radiobeacon (Satellite
EPIRB) System Operating Through a Low Polar‑orbiting Satellite System in
the 406 MHz Band,\'\' 1990.

\(iv\) \* \* \* \* \*

\(6\) *9 GHz radar transponders*: (i) IMO Resolution A.802(19),
\`\`Performance Standards for Survival Craft Radar Transponders for Use
in Search and Rescue Operations,\'\' adopted 23 November 1995.

\(ii\) ITU-R Recommendation M.628‑1, Technical Characteristics for
Search and Rescue Radar Transponders,\'\' 1997.

\(7\) *Two‑way VHF radiotelephone*: IMO Resolution A.809(19),
\`\`Performance Standards for Survival Craft Two‑way VHF Radiotelephone
Apparatus,\'\' adopted 23 November 1995.

\(8\) *INMARSAT Ship Earth Station Capable of Two Way Communications*:
IMO Resolution A.808(19), \`\`Performance Standards for Ship Earth
Stations Capable of Two‑way Communications,\'\' adopted 23 November
1995.

\(9\) *INMARSAT‑C SES*: IMO Resolution A.807(19), \`\`Performance
Standards for INMARSAT Standard‑C Ship Earth Stations Capable of
Transmitting and Receiving Direct‑printing Communications,\'\' adopted
23 November 1995.

\(10\) \* \* \* \* \*

\(d\) \* \* \* \* \*

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

\(i\) \* \* \* \* \*

\(ii\) IMO Resolutions A.802(19), A.803(19), A.804(19), A.810(19),
A.806(19), A.807(19), A.808(19), 811(19) and A.812(19) are contained in
the Resolutions and Other Decisions of the Assembly of the International
Maritime Organization, 19th Session, 1995, (IMO, London, 1988), Sales
Number IMO\--194E ISBN No. 91-801-1416-6.

\(iii\) IMO Resolutions A.662(16) and A.664(16) are contained in the
Resolutions and Other Decisions of the Assembly of the International
Maritime Organization, 16th Session, 1989, (IMO, London, 1990), Sales
Number 136 90.04.E

\(iv\) IMO Resolutions A.694(17), and A.700(17) are contained in the
Resolutions and Other

Decisions of the Assembly of the International Maritime Organization,
17th Session, 1991, (IMO, London, 1991, Sales Number IMO-142E ISBN No.
91-801-1281-3.

\(2\) ITU-R Recommendations, ITU Radio Regulations, and ITU-T
publications can be purchased from the International Telecommunications
Union (ITU), Place des Nations, CH‑1211 Geneva 20, Switzerland.

\(i\) All ITU-R Recommendations referenced in this section are contained
in Recommendations of the ITU-R, Volume M series parts 3, 4, and 5.

\(ii\) ITU-T Recommendation E.161 is contained in Facicle II.2 Volume II
\-- Telephone Network and ISDN Operation, Numbering, Routing and Mobile
Service, (ITU, Geneva, 1989, revised in 1993 and 1995).,

\(iii\) ITU-T Recommendation Q.11 is contained in **Facicle VI.1 Volume
II Numbering Plan for the International Telephone Service, (ITU, Geneva,
1989),**

\(3\) IEC publications can be purchased from the International
Electrotechnical Commission, 3 Rue de Varembe, CH‑1211 Geneva 20,
Switzerland, or from the American National Standards Institute (ANSI),
11 West 42nd Street, New York, NY 10036, telephone (212) 642‑4900

\(4\) ISO Standards can be purchased from the International Organization
for Standardization, 1 Rue de Varembe, CH‑1211 Geneva 20, Switzerland,
or from the American National Standards Institute (ANSI), 11 West 42nd
Street, New York, NY 10036, telephone (212) 642‑4900.

\(5\) Copies of the publications listed in this section that are
incorporated by reference may be inspected at the Federal Communications
Commission, 445 12th Street, SW, (room CY-A257), Washington, DC, or at
the Office of the Federal Register, 800 North Capital Street, NW., suite
700, Washington, DC.

46\. Section 80.1111 is amended by revising paragraph (d) to read as
follows:

**§ 80.1111 Distress alerting.**

\* \* \* \* \*

\(d\) All stations which receive a distress alert transmitted by digital
selective calling must immediately cease any transmission capable of
interfering with distress traffic and must continue watch on the digital
selective call distress calling channel until the call has been
acknowledged to determine if a coast station acknowledges the call using
digital selective calling. Additionally, the station receiving the
distress alert must set watch on the associated distress traffic
frequency for five minutes to determine if distress traffic takes place.
The ship can acknowledge the call using voice or narrowband direct
printing as appropriate on this channel to the ship or to the rescue
authority.

47\. Section 80.1113 is amended by revising paragraphs (b) and (d) to
read as follows:

**§ 80.1113 Transmission of a distress alert.**

\* \* \* \* \*

\(b\) The format of distress calls and distress messages must be in
accordance with ITU-R Recommendation M.493 as specified in § 80.1101.

\* \* \* \* \*

\(d\) Ship-to-ship distress alerts are used to alert other ships in the
vicinity of the ship in distress and are based on the use of digital
selective calling in the VHF and MF bands. The HF bands should not be
used to notify ships in the vicinity unless no response is received
within 5 minutes on VHF or MF.

\* \* \* \* \*

48\. Section 80.1117 is amended by revising paragraph (a) as follows:

**§ 80.1117 Procedure for receipt and acknowledgement of distress
alerts.**

\(a\) Normally, distress calls received using digital selective calling
are only acknowledged using a DSC acknowledgement by a coast station.
Ships should delay any acknowledgement in order to give sufficient time
for a coast station to acknowledge the call. In cases where no
acknowledgement has been heard and no distress traffic has been heard,
the ship should transmit a distress alert relay to the coast station.
Upon advice from the Rescue Coordination Center, the ship may transmit a
DSC acknowledgement call to stop it from being repeated. Acknowledgement
by digital selective calling of receipt of a distress alert in the
terrestrial services must comply with ITU-R Recommendation M.541, which
is incorporated by reference.

\* \* \* \* \*

49\. Section 80.1121 is amended by revising paragraphs (b), (c), and (d)
to read as follows:

**§ 80.1121 Receipt and acknowledgement of distress alerts by ship
stations and ship earth stations.**

\* \* \* \* \*

\(b\) For VHF and MF, ships in receipt of a distress alert shall not
transmit a distress alert relay, but should listen on the distress
traffic channel for 5 minutes and, if appropriate, acknowledge the alert
by radiotelephony to the ship in distress and inform the coast station
and/or Rescue Coordination Center. Distress alert relays to \"all
ships\" on these bands may only be sent by a ship who has knowledge that
another ship in distress, is not itself able to transmit the distress
alert, and the Master of the ship considers that further help is
necessary.

\(c\) For HF, ships in receipt of a distress alert shall listen on the
distress traffic channel for 5 minutes. If no distress communications
are heard and if the call is not acknowledged by a coast station, the
ship shall transmit a distress relay on HF to the coast radio station
and inform the Rescue Coordination Center. Distress alert relays to
\*all Ships\* on HF may only be sent by a ship who has knowledge that
another ship in distress is not itself able to transmit the distress
alert and the Master of the ship considers that further help is
necessary.

\(d\) In cases where distress alert continues to be received from the
same source, the ship may, after consultation with the Rescue
Coordination Center, transmit a DSC acknowledgment to terminate the
call.

\* \* \* \* \*

50\. Section 80.1123 is amended by revising paragraph (c) to read as
follows:

**§ 80.1123 Watch requirements for ship stations.**

\* \* \* \* \*

\(c\) Until February 1, 2005, every ship while at sea must maintain,
when practicable, a continuous listening watch on VHF Channel 16. This
watch must be kept at the position from which the ship is normally
navigated or at a position which is continuously manned.

\* \* \* \* \*

#  {#section-8 .unnumbered}

[^1]: U.S. GMDSS Task Force Petition to Create a Restricted GMDSS Radio
    Operator\'s License, Petition for Rule Making, January 14, 1998
    (GMDSS Petition); Letter from Captain Jack Fuechsel, Exec. Director,
    U.S. GMDSS Implementation Task Force to Thomas J. Sugrue, Chief,
    Wireless \[Telecommunications\] (sic) Bureau, April 30, 1999 (GMDSS
    Letter). The GMDSS Task Force is a group of government authorities,
    commercial vessel owners and operators, training institutions,
    service agents, manufacturers, and labor organizations chartered by
    the U.S. Coast Guard to supplement government functions in
    expediting the implementation of the GMDSS.

[^2]: Globe Wireless Petition for Rule Making for the Amendment of
    Section 80.357 of the Commission\'s Rules to Conform to WRC-99 and
    to Promote the Use of Advanced Communications Technologies in the
    Maritime Services, RM-9499, February 17, 1999 (Globe Wireless
    Petition). Globe Wireless is a public coast station operator.

[^3]: *See* Amendment of Parts 13 and 80 of the Commission\'s Rules to
    implement the Global Maritime Distress and Safety System (GMDSS) to
    improve the safety of life at sea, *Report and Order,* 7 FCC Rcd
    951, Appendix C (1992) (*GMDSS Order*). *See also* 47 C.F.R. §
    80.1065(b)(4).

[^4]: The IMO is an agency of the United Nations that specifies
    regulations for the maritime service, such as equipment carriage
    requirements for certain classes of ships.

[^5]: The ITU is an agency of the United Nations that specifies
    regulations for radio matters, such as operating procedures and
    frequency allotments.

[^6]: For instance, we propose to eliminate the obsolete Class C EPIRB.
    *See infra* para. 30.

[^7]: *See* Appendix hereto for proposed rule changes.

[^8]: 47 U.S.C. § 310(d).

[^9]: *See* Federal Communications Bar Association\'s Petition for
    Forbearance from Section 310(d) of the Communications Act Regarding
    Non-Substantial Assignments of Wireless Licenses and Transfers of
    Control Involving Telecommunications Carriers and Personal
    Communications Industry Association\'s Broadband Personal
    Communications Services Alliance\'s Petition for Forbearance For
    Broadband Personal Communications Services, FCC 98-18, *Memorandum
    Opinion and Order*, 13 FCC Rcd. 6293, 6313 ¶¶ 39-40 (1998)
    (*Forbearance MO&O*).

[^10]: *See GMDSS Order*, 7 FCC Rcd at 952-54 ¶¶ 4-10.

[^11]: *Id.* at 952 ¶ 4.

[^12]: *Id.*

[^13]: Consolidated Text of the International Convention for the Safety
    of Life at Sea, 1974, and its Protocol of 1978: Articles, Annexes
    and Certificates, Incorporating all Amendments in Effect from 1 July
    1997, International Maritime Organization, London, 1997 (*SOLAS
    Convention*).

[^14]: *See SOLAS Convention*, Chapter IV.

[^15]: *See SOLAS Convention*, Chapter IV, Part A, Regulation 1.

[^16]: *See* 46 C.F.R. § 24.10-13(b) (The term "international voyage" as
    used in this section has the same meaning as contained in Regulation
    2(d), Chapter 1 of the *SOLAS Convention, i.e.*, "International
    voyage means a voyage from a country to which the present convention
    applies to a port outside such country, or conversely.").

[^17]: In the past five years, 8183 voluntarily equipped vessels have
    requested and been assigned a Maritime Mobile Service Identity. Of
    the 8183 vessels, 3039 have been assigned in the past two years.

[^18]: *See GMDSS Order*, 7 FCC Rcd at 953 ¶ 10*.*

[^19]: 47 C.F.R. § 80.1065(b)(4).

[^20]: *See* 47 C.F.R. § 80.1101; *see also* Nonsubstantive and
    Editorial Amendments of Part 80, Subpart W of the Commission's Rules
    Regarding the Global Maritime Distress and Safety System (GMDSS),
    *Order*, 7 FCC Rcd 6252, Appendix (1992).

[^21]: The IEC is an international non-governmental organization engaged
    in the development of broadcast technology standards that works
    closely with SOLAS organizations in developing standards for GMDSS
    equipment. *See, e.g.,* ITU-R Resolution 41, "Collaboration with the
    International Organization for Standardization (ISO) and the
    International Electrotechnical Commission (IEC)" 1997.

[^22]: The ISO is an international non-governmental organization engaged
    in the development of broadcast technology standards that works
    closely with SOLAS organizations in developing standards for GMDSS
    equipment. *See, e.g.,* ITU-R Resolution 41, "Collaboration with the
    International Organization for Standardization (ISO) and the
    International Electrotechnical Commission (IEC)" 1997.

[^23]: Waiver of Certain Global Maritime Distress and Safety System
    (GMDSS) Rules Applicable to Fishing Vessels and Small Passenger
    Vessels, *Order*, 14 FCC Rcd 528, 530 ¶ 10 (1998) (*Fishing Vessel
    Order*).

[^24]: This area would extend approximately 20-30 miles, depending on
    propagation. Amendment of Parts 13 and 80 of the Commission\'s Rules
    to Implement the Global Maritime Distress and Safety System (GMDSS)
    to improve the Safety of Life at Sea, *Notice of Proposed Rule
    Making*, PR Docket No. 90-480, 5 FCC Rcd 6212, 6213 ¶ 10 (1990)
    (*GMDSS NPRM*).

[^25]: The outer limit of Sea Area A2 would extend approximately 75-150
    miles. *Id*. at 6213 ¶ 10.

[^26]: This area would include an area between 70° N Latitude and 70° S
    Latitude, which is within the footprint of the INMARSAT system.
    *Id*. at 6213 ¶ 10. The INMARSAT system provides a satellite
    communications system which makes a full range of distress alerting
    and communications capabilities, including voice, telex and
    facsimile, available.) *Id*. at 6213 ¶ 13.

[^27]: This area essentially includes the Polar Regions. *Id*; 47 C.F.R.
    § 80.1069; *GMDSS Order*, 7 FCC Rcd at 952 ¶ 6.

[^28]: *Fishing Vessel Order*, 14 FCC Rcd at 530 ¶ 4. By 2006, it is
    expected that all Sea Area A1 installations will be completed and
    the U.S. Coast Guard will declare Sea Area A1 operational for the
    continental United States. The target date to complete all Sea Area
    A2 installations and for the U.S. Coast Guard to declare Sea Area A2
    operational for the continental United States is March 2000. *See*
    U.S. Coast Guard Implementation Strategy for GMDSS Sea Area A2 (Oct.
    1999).

[^29]: *Id.*

[^30]: *Id.*

[^31]: *Id.* at 535 ¶ 13.

[^32]: *Id.*

[^33]: *Id.* at 534 ¶ 11.

[^34]: GMDSS Petition.

[^35]: 47 U.S.C. §§ 351-64.

[^36]: 47 C.F.R. Part 80, Subpart W.

[^37]: 47 C.F.R. § 80.357.

[^38]: Globe Wireless Petition.

[^39]: GMDSS Letter. We will not address all of the specific provisions
    noted by the Task Force for three major reasons. First, the Task
    Force\'s review was based on the 1997 version of Part 80, and some
    of the recommended rules have subsequently been modified or deleted.
    (For example, Sections 80.19, 80.29, and 80.51 of the Commission's
    Rules, 47 C.F.R. §§ 80.19, 80.29, 80.51, specified in the Task Force
    letter, were deleted in the Matter of Biennial Regulatory Review --
    Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and
    101 of the Commission's Rules to Facilitate the Development and Use
    of the Universal Licensing System in the Wireless Telecommunications
    Services, WT Docket No. 98-20, *Memorandum Opinion and Order on
    Reconsideration*, 14 FCC Rcd 11476 (1999)). Second, provisions
    relating to public coast stations will not be treated here except as
    to the Global Wireless Petition and the MariTEL Petition, but will
    be the subject of another action in an open proceeding regarding
    public coast stations -- namely, Amendment of the Commission's Rules
    Concerning Maritime Communications, PR Docket No. 92-257, *Third
    Report and Order and Memorandum Opinion and Order,* 13 FCC Rcd 19853
    (*Third Report & Order*) (1998). Third, regulations pertaining to
    the Agreement Between the United States of America and Canada for
    Promotion of Safety on the Great Lakes by Means of Radio, 1972
    *(Great Lakes Agreement*), because they are subject to an
    international agreement with Canada that may require renegotiation
    pursuant to actions taken in this proceeding.

[^40]: Some of these decisions include *SOLAS* 6.4-6 (passenger ships
    distress panel and position information), 7.5 (passenger ship
    emergency aeronautical radio), 16.2 (passenger ship personnel), and
    MSC69/22/Add.1 Annex 2 Regulations 1, 2, 13, 15 and 18 (application,
    GMDSS identities, reserve power for navigation receiver, EPIRB
    testing, and position updating). *See* Memorandum to Executive
    Secretary, IRAC, from J. Hersey, Jr., USCG/DOT IRAC Representative
    (dated Jan. 10, 2000).

[^41]: These changes include: S32.5B (inclusion of position information
    in distress alerts), S32.10A (false distress alerts), APS18 (e)
    (implementing of VHF 12.5 kHz narrowband channel) and APS18 (n)
    (implementing new channels 75 and 76). *See* Memorandum to Executive
    Secretary, IRAC, from J. Hersey, Jr., USCG/DOT IRAC Representative
    (dated Jan. 10, 2000).

[^42]: In this proceeding, we have not addressed regulations pertaining
    to public coast stations, because they are the subject of the
    ongoing proceeding in WT Docket No. 92-257, or regulations
    pertaining to the *Great Lakes Agreement* because they are subject
    to an international agreement.

[^43]: For example, 47 C.F.R. § 80.1101(c) requires that all equipment
    conform to appropriate performance standards incorporated by
    reference. For 406 MHz EPIRBs that includes two IMO Resolutions, the
    latest of which was adopted in 1989. 47 C.F.R. § 80.1101(c)(5).
    However, IMO Resolution A.812(19), "Performance Standards for
    Float-free Satellite Emergency Position-indicating Radio Beacons
    Operating Through the Geostationary Inmarsat Satellite System on 1.6
    GHz," adopted 23 November 1995, requires new performance standards
    for EPIRBs installed on or after November 23, 1996.

[^44]: ^ ?^*See* 47 C.F.R. § 80.1065(b)(4).

[^45]: ^ ?^*See e.g.* IMO Resolution A.804(19), "Performance Standards
    for Shipborne MF Radio Installations Capable of Voice Communication
    and Digital Selective Calling," adopted 23 November 1995.

[^46]: ^ ?^47 C.F.R. § 80.1111(d).

[^47]: ^ ?^When a distress call is received on a DSC distress channel,
    any acknowledgement or reply is transmitted through the appropriate
    associated voice or data channel assigned to it. *See* 47 C.F.R. §
    80.1077.

[^48]: ^ ?^*See* ITU Recommendation ITU-R M.541-8, "Operational
    Procedures for the Use of Digital Selective-Calling Equipment in the
    Maritime Mobile Service," 1997.

[^49]: ^ ?^There are two sets of distress traffic frequencies in the MF
    and **V**HF bands. One frequency is for radiotelephone and the other
    frequency is for Narrow Band-Direct Printing (NB-DP). Ships
    initiating a distress alert can indicate their preferred choice of
    voice or NB-DP in the initial distress call.

[^50]: ^ ?^47 C.F.R. §§ 80.1113(d), 80.1117(a).

[^51]: 47 C.F.R. § 80.1071.

[^52]: *See* Fishing Industry Task Force Letter at 3.

[^53]: *See* *infra* paras. 23-24*.*

[^54]: 47 U.S.C. § 351(a)(1)(A).

[^55]: *GMDSS Order,* 7 FCC Rcd at 954 ¶ 11.

[^56]: *Id*.

[^57]: *See* 47 U.S.C. § 363 (added by Pub. L. 104-104, Title II, § 206,
    110 Stat. 114 (1996)).

[^58]: 47 U.S.C. § 363.

[^59]: *See* 47 C.F.R. § 80.1065.

[^60]: *See* 47 C.F.R. § 80.1071.

[^61]: Amendment of the Commission\'s Rules to Conform the Maritime
    Service Rules to the Provisions of the Telecommunications Act of
    1996, *Order,* 11 FCC Rcd 17069, 17072 ¶ 7 (1996).

[^62]: *Id.*

[^63]: *See* Letter from Captain D. A. Potter, Director of Command,
    Control, Communications, and Computers, U.S.Coast Guard to Robert H.
    McNamara, Chief, Private Wireless Division (Mar. 13, 1996).

[^64]: GMDSS Letter at 2, 4, 6. It also recommends that we retain the
    radar requirements in 47 C.F.R. § 80.825, if appropriate, but
    correct the address of the RTCM. GMDSS Letter at 6.

[^65]: 47 C.F.R. § 80.825

[^66]: *See* 47 C.F.R. §§ 80.801-836.

[^67]: GMDSS Letter at 6.

[^68]: 47 C.F.R. § 80.201.

[^69]: GMDSS Letter at 3.

[^70]: *Id.*

[^71]: *See* 47 U.S.C. § 354(b); 47 C.F.R. § 80.305. A safety signal
    precedes the transmission or reception of distress, alarm, urgency
    or safety signals. 47 C.F.R. § 80.5.

[^72]: 47 C.F.R. §§ 80.301-333.

[^73]: GMDSS Letter at 4.

[^74]: *Id.*

[^75]: *See supra* paras. 18-20.

[^76]: *Id.*

[^77]: S31.17.8 and S31.20.9 of the ITU Radio Regulations.

[^78]: ^ ?^47 C.F.R. § 80.1123(c); *see also Solas Convention*, Chapter
    IV, Regulation 12, subparagraph 3.

[^79]: ^ ?^*See* Report of the Maritime Safety Committee on its
    Sixty-ninth Session, Resolution MSC.77(69), Annex 21 (May 29, 1998).

[^80]: *See* Appendix, *infra* (proposed amendment to 47 C.F.R. §
    80.148); ¶ 15.

[^81]: ^ ?^47 C.F.R. §§ 80.305(a)(2), (b)(1), and 80.1123(d).

[^82]: S31.17 and APS13 § 21(3) of the ITU Radio Regulations.

[^83]: 47 C.F.R. §§ 80.351-363.

[^84]: ^ ?^Globe Wireless Petition at 2.

[^85]: ^ ?^*Id*.

[^86]: ^ ?^*Id*.

[^87]: ^ ?^*See Final Acts of the World Radiocommunication Conference*,
    Geneva, 1997 (amending ITU Radio Regulations Art. S52.54.1).

[^88]: ^ ?^Footnote 1 to S52.54 of the ITU Radio Regulations

[^89]: ^ ?^*Id*.

[^90]: Emissions are classified and symbolized by alphanumeric
    characters denoting (a) the type of modulation; (b) the nature of
    the signal modulating the main carrier; and (c) the type of
    information to be transmitted. *See* 47 C.F.R. § 2.201. Thus, a
    "J2B" emission is telegraphy for automatic transmission and "J2D" is
    data transmission, telemetry, telecommand. *Id.*

[^91]: The type of information transmitted by "A1A" or "F1B" emissions
    are Aural reception telegraphy and automatic reception telegraphy.
    *Id*.

[^92]: The type of information transmitted by J3E emission is telephony
    (including sound broadcasting). *Id.*

[^93]: GMDSS Letter at 4.

[^94]: *Id.* at 5.

[^95]: 47 C.F.R. Part 80, Subpart R.

[^96]: 47 C.F.R. § 80.879.

[^97]: 47 C.F.R. § 80.879.

[^98]: 47 C.F.R. § 80.825 provides the equipment specifications,
    standards, and general requirements for shipboard radar
    installations.

[^99]: *Fishing Vessel Order*, 14 FCC Rcd at 534.

[^100]: *See* 47 C.F.R. § 80.1051.

[^101]: Letter from Joseph D. Hersey, Jr., Chief, Spectrum Management
    Division, U.S. Coast Guard, to Thomas Sugrue, Chief, Wireless
    Telecommunications Bureau, Federal Communications Commission, Dec.
    22, 1999 (*U.S. Coast Guard Letter*).

[^102]: *Id.* at Enclosure: Discussion and Proposal for Phasing out
    121.5/243 MHz EPIRBs.

[^103]: The 121.5 MHz signal can only be detected and relayed to search
    and rescue personnel when COSPAS/SARSAT satellite is in range of
    both the 121.5 MHz beacon and a rescue coordination center (RCC).
    *See* Amendment of the Marine Services Rules (Part 80) and Aviation
    Services Rules (Part 87) to Require Registration of 406 MHz
    Radiobeacons, *Notice of Proposed Rule Making*, 8 FCC Rcd 3591, 3591
    ¶ 2 (1993). There are, therefore, "blind spots" where distress
    signals cannot be relayed to a RCC. *Id.* On the other hand, owners
    of 406 MHz EPIRBs must file registration information with the
    National Oceanic and Atmospheric Administration (NOAA). *See* 47
    C.F.R. § 80.1061(f). Search and rescue operations are aided by this
    registration information and also by a signal that the 406 MHz EPIRB
    transmits. The signal contains an identification number that
    specifically identifies the beacon. *See* 47 C.F.R. § 80.1061(e);
    *see also* Amendment of the Marine Services Rules (Part 80) and
    Aviation Services Rules (Part 87) to Require Registration of 406 MHz
    Radiobeacons, *Report and Order*, 9 FCC Rcd 3146, 3146 ¶¶ 1-2
    (1994).

[^104]: This figure is based upon the current predicted launch of
    COSPAS/SARSAT satellites equipped with 121.5 MHz processors. *See
    U.S. Coast Guard Letter* at Enclosure: Discussion and Proposal for
    Phasing out 121.5/243 MHz EPIRBs.

[^105]: *Id.*

[^106]: *See* Satellite Processing of 121.5 MHz Emergency Beacons to be
    Phased Out, National Oceanic and Atmospheric Administration (NOAA)
    99-075, Nov. 10, 1999. The U.S. Coast Guard would like the active
    processors turned off no later than 2008. *See U. S. Coast Guard
    Letter* at Enclosure: Discussion and Proposal for Phasing out
    121.5/243 MHz EPIRBs.

[^107]: With regard to radiobeacons operating on 406 MHz, we note that
    in response to a NOAA petition, the Commission has recently proposed
    to amend Part 95 of the Commission's Rules to authorize the use of
    406 MHz personal locator beacons (PLBs). The 406 MHz PLBs will be
    used to satisfy the distress alerting needs of the general public.
    Amendment of Part 95 of the Commission's Rules to Authorize the Use
    of 406.025 MHz for Personal Locator Beacons (PLB), *Notice of
    Proposed Rule Making*, FCC 99-414 (rel. Jan. 18, 2000).

[^108]: *See SOLAS Convention*, Chapter IV, Part A, Regulation 1; *GMDSS
    Order*, 7 FCC Rcd at 960 ¶ 37.

[^109]: *See* 46 C.F.R. § 25.26-5.

[^110]: We find that 12,000 406 MHz EPIRBs were purchased by owners of
    recreational vessels. This is due, in large measure, to the steadily
    decreasing price of the 406 MHz EPIRB. *See U.S. Coast Guard Letter*
    at Enclosure: Discussion and Proposal for Phasing out 121.5/243 MHz
    EPIRBs.

[^111]: \"Fishing vessels\" are commercial vessels that catch and/or
    process fish and other marine life. *Fishing Vessel Order*, 14 FCC
    Rcd at 528 n.2.

[^112]: *See* Letter from Fishing Industry Task Force on GMDSS/DSC to
    William E. Kennard, Chairman, Federal Communications Commission,
    (September 1, 1998)(Fishing Industry Task Force Letter) at 5.

[^113]: *Id.* at 4

[^114]: *See* Letter from the Kodiak Vessel Owners\' Association, Alaska
    Groundfish Data Bank, United Catcher Boats, Deep Sea Fisherman\'s
    Union, Aleutians East Borough, Alaska Longline Fish Association,
    Unisea, Inc., Tyson Seafood Group, Inc., NorQuest Seafoods, Inc.,
    Petersburg Vessel Owners, Pacific Seafood Processing Association,
    United Fisherman\'s Marketing Association, Inc., Alaska Draggers
    Association, North Pacific Longline Association, Fishing Vessel
    Owners\' Association, Alaska Crab Coalition, At-Sea Processors
    Association, and Groundfish Forum to the Hon. Ted Stevens (April 21,
    1998) (Kodiak Letter).

[^115]: *Id.*

[^116]: *See* *SOLAS Convention*, Chapter I, Regulation 3(a)(vi).

[^117]: 47 U.S.C. § 153(39)(C).

[^118]: 47 U.S.C. § 351.

[^119]: *See* Exemption from the Radiotelephone Requirements of Title
    III, Part II of the Communications Act of 1934, as Amended, for the
    U.S. Fishing Vessel \"Santa Rosa,\" 357 Gross Tons, *Memorandum
    Opinion and Order*, 16 FCC 2d 720 (1969) (\"Under the definitions of
    the Communications Act, a fishing vessel is a class of cargo
    vessel.\").

[^120]: *Fishing Vessel Order*, 14 FCC Rcd at 534. The waiver did not
    relieve those fishing vessels from carrying a NAVTEX receiver,
    float-free satellite emergency position indicating radiobeacon
    (EPIRB), and survival craft radio equipment. *Id.* (NAVTEX is an
    automated system that distributes maritime navigation warnings,
    weather forecasts and warnings, search and rescue notices, and other
    safety and urgent information to mariners. *Id.* at 530 n.11). The
    waiver did not relieve the fishing vessels from their continued
    compliance with Subparts Q and R of Part 80 of the Commission\'s
    Rules. *Id.* at 534.

[^121]: *See supra* n.117.

[^122]: *See* Fishing Industry Task Force Letter at 3.

[^123]: *See* Kodiak Letter at 1.

[^124]: We expect that stations will continue to tune to 2182 kHz
    because under Section 80.369(a) of the Commission's Rules, 2182 kHz
    is routinely used for call and reply by ship stations on a primary
    basis and by public coast stations on a secondary basis. 47 C.F.R. §
    80.369(a).

[^125]: 47 C.F.R. § 80.1065.

[^126]: 47 C.F.R. § 13.7(b).

[^127]: 47 C.F.R. § 80.1073(a).

[^128]: 47 C.F.R. § 80.1091.

[^129]: 47 C.F.R. § 80.1087.

[^130]: 47 C.F.R. § 13.201.

[^131]: 47 C.F.R. § 13.203(a).

[^132]: The U.S. Coast Guard is the administrator for implementation of
    the revised IMO Treaty on the Standards of Training, Certification,
    and Watchkeeping.

[^133]: 46 C.F.R. § 15.103(d).

[^134]: Letter from GMDSS Task Force to Dan Phythyon, Chief, Wireless
    Telecommunications Bureau at 1 (Nov. 5, 1998).

[^135]: Petition for Forbearance filed by Federal Communications Bar
    Association Wireless Telecommunications Practice Committee, Feb. 4,
    1997 (FCBA Petition).

[^136]: Petition for Forbearance filed by the Broadband Personal
    Communications Services Alliance of the Personal Communications
    Industry Association, May 22, 1997 (PCIA Petition).

[^137]: 47 U.S.C. § 310(d).

[^138]: *Forbearance MO&O*, 13 FCC Rcd at 6313 ¶¶ 39-40.

[^139]: 47 U.S.C. § 310(d).

[^140]: *Forbearance MO&O*, 13 FCC Rcd at 6306 ¶ 23.

[^141]: *Forbearance MO&O*, 13 FCC Rcd at 6305-6 ¶ 22; *see also* 47
    U.S.C. § 153(46).

[^142]: *Forbearance MO&O*, 13 FCC Rcd at 6306 ¶ 23.

[^143]: WJG MariTEL Corporation, Petition for Reconsideration, February
    23, 1998 (MariTEL Petition).

[^144]: We listed telecommunications carriers licensed under Part 21
    (domestic public fixed radio services), Part 22 (public mobile radio
    services), Part 24 (personal communications services), Part 27
    (wireless communications services), Part 90 (private land mobile
    radio services), and Part 101 (fixed microwave services) of our
    Rules. *See Forbearance MO&O*, 13 FCC Rcd at 6306 ¶ 24.

[^145]: MariTEL Petition at 2.

[^146]: *Id*. at 2-3.

[^147]: 47 C.F.R. § 1.924(a)(2).

[^148]: *Id.*

[^149]: *Id.*

[^150]: *See* 47 C.F.R. § 1.924(a)(1).

[^151]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^152]: 5 U.S.C. § 603.

[^153]: 5 U.S.C. § 605(b).