# DA 03-1484

# 

# Released: May 5, 2003

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON**

**MARITEL, INC. REQUEST TO EXTEND CONSTRUCTION DEADLINE FOR CERTAIN**

**VHF PUBLIC COAST STATION GEOGRAPHIC AREA LICENSES**

**Comment Date: June 4, 2003 Reply Date: June 19, 2003**

On March 27, 2003, MariTEL, Inc. (MariTEL), requested[^1] a waiver and
two-year extension of the five-year construction requirement for nine
VHF public coast (VPC) geographic areas.[^2] MariTEL states that the
two-year extension will provide it with additional time to construct an
automatic identification system (AIS) technology-based network that
offers data services, including automatic vessel location (AVL), short
messaging and e-mail.

Geographic VPC licensees must demonstrate that they are providing
substantial service within five years of the initial license grant, and
again within ten years of the initial license grant.[^3] For the VPC
areas at issue, the Commission has stated that the five-year substantial
service requirement can be satisfied by coverage to one-third of the
major waterway(s) in the service area.[^4] The licenses at issue were
granted on May 19, 1999, so MariTEL's five-year construction date is May
19, 2004. MariTEL states that it originally planned to meet the deadline
by constructing a VPC ship-to-shore voice communications network that
relied on digital selective calling technology. MariTEL now believes
that the advent and proliferation of other wireless technologies, such
as cellular and personal communications services, has drastically
reduced the market for VPC voice communications. MariTEL believes that
its proposed data system would be of greater benefit to the maritime
industry. Therefore, MariTEL plans to cease providing such services, and
direct its resources into developing a new AIS-based data network.

MariTEL argues that maintaining the May 19, 2004 construction deadline
would be contrary to the public interest because MariTEL could meet it
only through the continued construction of its original voice network.
MariTEL states that it needs an extension of the current five-year
construction date in order to construct the proposed data network,
because time is needed to develop and test the necessary equipment.
Therefore, MariTEL requests a new deadline of May 19, 2006.

Interested parties may file comments on the subject request on or before
June 4, 2003. Parties interested in submitting reply comments must do so
on or before June 19, 2003. All comments should reference the subject
request, including the DA number of the Public Notice, and should be
filed with the Office of the Secretary, Federal Communications
Commission, 445 Twelfth Street, S.W., Room TW-A325, Washington, D.C.
20554.[^5] A copy of each filing should be sent to 1) Qualex
International, Inc., Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554; (2) Maria Ringold, Federal Communications
Commission, Consumer and Governmental Affairs Bureau, Reference
Information Center, 445 12^th^ Street, S.W., Room CY-B529, Washington,
D.C. 20554; and 3) Keith Fickner, Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau, 445 12^th^ Street, S.W.,
Room 4-C423, Washington, D.C. 20554, (202) 418-7308 or via e-mail to
<kfickner@fcc.gov>.

MariTEL's applications and waiver requests can be accessed
electronically via the Commission's Universal Licensing System,
<http://wireless.fcc.gov/uls>. In addition, the full text of the
request, comments and reply comments will be available for inspection
and duplication during regular business hours in the Reference
Information Center (RIC) of the Consumer Information Bureau (CIB),
Federal Communications Commission, 445 12^th^ Street, S.W., Room
CY-A257, Washington, D.C. 20554. Copies may also be obtained from the
Commission's duplicating contractor, Qualex International, Inc., Portals
II, 445 12^th^ Street, S.W., Room CY-B402, Washington, D.C. 20554, (202)
863-2893, facsimile (202) 863-2898, or via e-mail <qualexint@aol.com>.
For further information regarding the public reference file for this
request, contact Maria Ringold, Chief, Wireless Branch, RIC, (202)
418-1355.

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

For further information, contact Mr. Keith Fickner of the Policy and
Rules Branch, Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-7308, TTY (202)
418-7233, or via e-mail to <kfickner@fcc.gov>.

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

\- FCC -

[^1]: FCC File Nos. 0001252126, 0001252148, 0001252177, 0001252214,
    0001252257, 0001252280, 0001252315, 0001252325, and 0001252334.

[^2]: Call Signs WPOJ530 (Northern Atlantic), WPOJ531 (Great Lakes),
    WPOJ532 (Northern Pacific), WPOJ533 (Mid-Atlantic), WPOJ534
    (Southern Atlantic), WPOJ535 (Mississippi River), WPOJ536 (Southern
    Pacific), WPOJ537 (Hawaii), and WPOJ538 (Alaska).

[^3]: *See* 47 C.F.R. § 80.49(a)(1).

[^4]: Amendment of the Commission's Rules Concerning Maritime
    Communications, *Third Report and Order and Memorandum Opinion and
    Order*, PR Docket No. 92-257, 13 FCC Rcd 19853, 19870 ¶ 34 (1998).

[^5]: The address for FCC locations should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).