**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| AVALON COMMUNICATIONS            | ** |                              |
| CORPORATION                      |    |                              |
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| Petition to Delete Frequency     | *) |                              |
| 162.025 MHz from License for     | ** |                              |
| Marine Public Coast Station WAH, |    |                              |
| St. Thomas, United States Virgin | *  |                              |
| Islands                          | *) |                              |
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**ORDER PROPOSING MODIFICATION**

**Adopted: July 6, 2005 Released: July 7, 2005**

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

1.  *Introduction*. On April 11, 2005, the National Telecommunications
    and Information Administration (NTIA) requested that the Commission
    rescind the authorization of Marine Public Coast Station WAH, St.
    Thomas, United States Virgin Islands, licensed to Avalon
    Communications Corporation (Avalon), to transmit on frequency
    162.025 MHz.[^1] For the reasons set forth below, we propose to
    modify Avalon's license to delete frequency 162.025 MHz.

2.  *Background*. Marine VHF Channel 88 (ship transmit frequency 157.425
    MHz/coast transmit frequency 162.025 MHz) is available under certain
    circumstances for use by public coast stations near the Canadian
    border, but is otherwise allocated exclusively for Federal
    Government use.[^2] In April 1986, Global Communications Corporation
    (Global) submitted a modification application and waiver request to
    add certain frequencies not ordinarily available to coast stations,
    including frequency 162.025 MHz, to the authorization for Station
    WAH.[^3] The Commission coordinated the request with NTIA's
    Interdepartment Radio Advisory Committee (IRAC),[^4] which granted
    authorization for Station WAH to use frequency 162.025 MHz in
    June 1986. The assignment was entered into the Government Master
    File (GMF)[^5] with a five-year expiration date, and any renewal of
    the authorization was conditioned on Station WAH again coordinating
    the use of the frequency with the IRAC.[^6] In November 1986, the
    former Private Radio Bureau granted Global's waiver request, and
    added frequency 162.025 MHz to the license for Station WAH.[^7] Due
    to administrative oversight, however, the condition requiring that
    use of frequency 162.025 MHz be recoordinated with the IRAC was not
    added to the license, and the license was renewed (most recently
    in 2003) without recoordination.

3.  NTIA notes that Station WAH's use of frequency 162.025 MHz is no
    longer authorized, and requests that the license be corrected
    accordingly.[^8] It also indicates that Station WAH is causing
    interference to Automatic Identification System (AIS)[^9] operations
    on the frequency, resulting in a hazard to navigation for
    international shipping within approximately two hundred miles of St.
    Thomas.[^10]

4.  *Discussion*. We believe that NTIA's letter is most properly
    characterized as an informal request for Commission action under
    Section 1.41 of the Commission's Rules.[^11] NTIA argues that IRAC's
    approval of the use of frequency 162.025 MHz was temporary, and
    renewal of the approval was specifically conditioned on the use
    being coordinated again with the IRAC. However, it appears that, due
    to administrative oversight, the renewal of the license for Station
    WAH was not coordinated with the IRAC. Under these circumstances,
    NTIA contends, the use of the frequency 162.025 MHz is no longer
    authorized and the frequency should be deleted from Avalon's
    license.

5.  Based on our review of the record, we agree that Avalon's renewal
    applications should have been coordinated with the IRAC, as provided
    for in the initial authorization from NTIA. Consequently, grant of
    the applications was improper. Section 316 of the Communications Act
    of 1934, as amended,[^12] provides the appropriate vehicle for
    resolving this matter. Section 316(a) permits the Commission to
    modify a station license if the action will promote the public
    interest, convenience, and necessity.[^13] We believe that
    modification of the license to remove frequency 162.025 MHz is
    appropriate, because Avalon's use of this Federal Government
    frequency is no longer authorized by IRAC. Further, the proposed
    modification would serve the public interest by reducing
    interference to marine safety communications and reducing potential
    hazards to navigation.

6.  In accordance with Section 1.87(a) of the Commission's Rules,[^14]
    we will not issue a modification order until Avalon has received
    notice of our proposed action and has had an opportunity to
    interpose a protest. To protest the modification, Avalon must,
    within thirty days of the release date of this *Order Proposing
    Modification*, submit a written statement with sufficient evidence
    to show that the modification would not be in the public interest.
    The protest must be filed with the Office of the Secretary, Federal
    Communications Commission, 445 Twelfth Street, S.W., Room TW-A325,
    Washington, D.C. 20554. If no protest is filed, Avalon will have
    waived its right to protest the modification and will be deemed to
    have consented to the modification.

7.  *Conclusion*. For the reasons stated above, we conclude that the
    grant of Avalon's renewal application was improper. As a result, we
    believe that the license for Station WAH, St. Thomas, United States
    Virgin Islands, should be modified to remove frequency 162.025 MHz
    in order to protect marine safety communications from harmful
    interference.

8.  *Ordering Clauses*. ACCORDINGLY, IT IS ORDERED, pursuant to Section
    4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §
    154(i), and Section 1.41 of Commission's Rules, 47 C.F.R. § 1.41,
    that the request submitted by the National Telecommunications and
    Information Administration on April 11, 2005 IS GRANTED to the
    extent set forth herein, and IT IS PROPOSED, pursuant to Sections
    4(i) and 316(a) of the Communications Act of 1934, 47 U.S.C. §§
    154(i), 316(a), and Section 1.87 of the Commission\'s Rules, 47
    C.F.R. § 1.87, that the license for Marine Public Coast Station WAH
    held by Avalon Communications Corporation, BE MODIFIED by removing
    the frequency 162.025 MHz.

9.  IT IS FURTHER ORDERED that this *Order Proposing Modification* SHALL
    BE SENT by certified mail, return receipt requested to Avalon
    Communications Corporation, 7844 Mountain Top, St. Thomas, United
    States Virgin Islands 00802.

10. This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131,
    0.331.

> FEDERAL COMMUNICATION COMMISSION

Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

# 

[^1]: Letter dated April 11, 2005 from Karl B. Nebbia, Deputy Associate
    Administrator, NTIA to Ronald Repasi, Federal Communications
    Commission (NTIA Letter).

[^2]: *See* 47 C.F.R. §§ 2.106 n.US223, 80.371(c)(1)(i) n.3.

[^3]: Global assigned the license for Station WAH to Avalon in 1996.

[^4]: The IRAC is a committee of the Federal departments, agencies, and
    administrations that advises NTIA in assigning frequencies to
    Federal radio stations and in developing and executing policies,
    programs, procedures, and technical criteria pertaining to the
    allocation, management, and use of the spectrum. Amendment of Parts
    2, 25, and 73 of the Commission's Rules to Implement Decisions from
    the World Radiocommunication Conference (Geneva, 2003) (WRC-03)
    Concerning Frequency Bands Between 5900 kHz and 27.5 GHz and to
    Otherwise Update the Rules in This Frequency Range, *Report and
    Order*, ET Docket No. 04-139, 20 FCC 6570, 6636 (2005).

[^5]: The GMF is NTIA\'s database of Federal Government frequency
    assignments. It also includes non-Federal Government authorizations
    coordinated with NTIA. *Id.* at 6635.

[^6]: *See* IRAC FAS Docket No. I8625476.

[^7]: *See* Bureau Chief Waiver of Commission Rules, dated November 21,
    1986, from Gary R. Stanford, Chief, Licensing Division, Private
    Radio Bureau.

[^8]: *See* NTIA Letter at 1.

[^9]: AIS is a maritime navigation safety communications system
    standardized by the International Telecommunication Union for use in
    collision avoidance and vessel monitoring and tracking. It employs
    on-board transponders, electronic charts, Differential Global
    Positioning System technology, and a technique called
    Self-Organizing Time Division Multiple Access to provide a VHF
    ship-to-ship and ship-to-shore radio service in which vessels and
    designated shore stations broadcast a unique identifier, coupled
    with safety-related data on, for example, ship positions, routes,
    dimensions, and navigational status. AIS-transmitted information can
    be received by similarly equipped vessels and shore stations in
    order to mitigate the risk of collisions and facilitate vessel
    monitoring and tracking. Amendment of the Commission's Rules
    Regarding Maritime Automatic Identification Systems, Petition for
    Rule Making Filed by National Telecommunications and Information
    Administration, *Memorandum Opinion and Order and Notice of Proposed
    Rule Making*, WT Docket No. 04-344, 19 FCC Rcd 20071, 20074 ¶ 5
    (2004) (*AIS NPRM*) (citing Amendments of Parts 13 and 80 of the
    Commission's Rules Concerning Maritime Communications, *Second
    Report and Order, Sixth Report and Order, and Second Further Notice
    of Proposed Rule Making*, WT Docket No. 00-48 & PR Docket No.
    92-257, 19 FCC Rcd 3145, 3179 ¶ 64 (2004)).

[^10]: *See* Letter dated March 1, 2005 from Joseph D. Hersey, Jr.,
    United States Coast Guard to Karl B. Nebbia, Chairman, IRAC. NTIA's
    request that the Commission designate frequency 162.025 MHz
    exclusively for AIS is being addressed in a separate proceeding.
    *See* *AIS NPRM*.

[^11]: 47 C.F.R. § 1.41.

[^12]: 47 U.S.C. § 316.

[^13]: 47 U.S.C. § 316(a). Section 316(a) requires that we notify the
    affected station(s) of the proposed modification(s) and the public
    interest reasons for the action, and afford at least thirty days to
    respond.

[^14]: 47 C.F.R. § 1.87(a).