**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Parts 0, 80, and 90 of the )

Commission\'s Rules to Make the Frequency ) WT Docket No. 99-332

156.250 MHz Available for Port Operations )

Purposes in Los Angeles and Long Beach, )

CA Ports )

**NOTICE OF PROPOSED RULE MAKING AND ORDER**

**Comments Due: January 18, 2000**

**Reply Comments Due: February 1, 2000**

**Adopted: November 15, 1999 Released: November 19, 1999**

By the Commission:

**1. INTRODUCTION**

  By letter the Los Angeles and Long Beach Port Pilots (jointly, LA/LB
Pilots) request the assignment of an intership marine VHF channel
dedicated to port operations (namely, pilot-tug communications) in the
Ports of Los Angeles and Long Beach, California.[^1] They note that
marine VHF Channels 01A (156.050 MHz), 05A (156.250 MHz), and 63A
(156.175 MHz) are currently used for U.S. Coast Guard (Coast Guard)
designated Vessel Traffic Service (VTS) systems in defined areas of the
United States.[^2] The LA/LB Pilots recommend that one of these
frequencies be designated for intership communications regarding port
operations to improve vessel traffic safety in the Los Angeles and Long
Beach port area.[^3] In this Notice of Proposed Rule Making, we propose
to amend Part 80 of the Commission\'s Rules to designate marine VHF
Channel 05A for port operations communications in Los Angeles and Long
Beach, California ports. We believe that this action will foster
reliable marine communications and increase safe vessel transit in the
ports.

**II. BACKGROUND**

  The LA/LB Pilots state that the ports of Los Angeles and Long Beach
are among the busiest in the world, with considerable vessel
congestion.[^4] In this type of environment, harbor pilots rely upon
clear and effective radio communications with tugs to help ensure the
safe ingress and egress of large vessels. The LA/LB Pilots note that
there is only one frequency, marine VHF Channel 77 (156.875 MHz),
dedicated to intership communications related to port operations.[^5]
The Commission\'s Rules provide that Channel 77 \"is limited to
communications with pilots regarding the movement and docking of
ships,\" and that \"\[n\]ormal output power must not exceed 1
watt.\"[^6] The LA/LB Pilots state that marine VHF Channel 77 is
frequently congested.[^7] They further contend that while output power
is limited to one watt, communications often carry over from one port to
the other and there is interference when more than one ship is
maneuvering in or out of port.[^8]

The LA/LB Pilots note that marine VHF Channels 01A (156.050 MHz), 05A
(156.250 MHz), and 63A (156.175 MHz) are used for communications related
to port operations in certain Coast Guard-designated VTS areas.[^9]
Specifically, the frequencies 156.050 MHz and 156.175 MHz are currently
allocated in the United States to the Public Safety Pool in the private
land mobile radio services; however, they were made available to
maritime radio users for commercial and port operation purposes in a
portion of the Coast Guard-designated New Orleans VTS system.[^10] The
frequency 156.250 MHz, which is currently allocated to maritime mobile
radio, was made available for port operations purposes within the Coast
Guard-designated Houston and New Orleans VTS systems,[^11] and Seattle
VTS system.[^12] The LA/LB Pilots state that their monitoring of these
channels detected no users in the area of the Ports of Los Angeles and
Long Beach.[^13]

In addition, the Los Angeles/Long Beach Harbor Safety Committee (LA/LB
Safety Committee) note that the Coast Guard and Marine Exchange of Los
Angeles-Long Beach Harbor, Inc., acting for the State of California,
currently have a Memorandum of Agreement in which the Coast Guard agrees
to provide personnel support for the operation of an interim Vessel
Traffic Information Service (VTIS).[^14] The VTIS system is an advisory
communications service to coordinate vessel movement and prevent damage
to or loss of vessels, bridges or other structures, and to protect these
waters and associated natural resources from environmental harm
resulting from such damage or loss. Vessels report, by voice,
information related to position, navigation and conditions affecting
navigation to the Coast Guard, which tracks the vessels\' movements. The
LA/LB Safety Committee also recommend the use of either marine VHF
Channels 01A, 05A, or 63A for intership communications related to port
operations in the Los Angeles and Long Beach ports.[^15]

The LA/LB Pilots also note that authorities responsible for port safety,
including the Coast Guard, the California Office of Oil Spill Response
and Prevention, and the LA/LB Harbor Safety Committee, fully support the
request.[^16] The Southern California Marine Radio Council (SCMRC),
which is the FCC-designated marine VHF frequency coordinating committee
for this region,[^17] also supports this request.[^18]

**III. DISCUSSION**

As an initial step to provide some relief for frequency congestion in
communications related to port operations in the Los Angeles and Long
Beach port areas the feasibility of using frequency 156.250 MHz for
intership communications was investigated by the Commission in
conjunction with the Coast Guard and industry. This frequency had not
been previously assigned, other than in Coast Guard- designated Houston,
New Orleans, and Seattle VTS systems because of its band edge location
and the resultant potential harmful interference with land mobile radio
assignments on the adjacent public safety frequency 156.240 MHz.
However, after reviewing assignments in the Los Angeles and Long Beach
area it appears that 156.250 MHz could be utilized without harmful
interference to existing radio operations as 156.240 MHz and 156.2475
MHz are not assigned for public safety purposes. Therefore, we believe
it is in the public interest to provide in the Rules for the use of
frequency 156.250 MHz (marine VHF Channel 05A) in the Los Angeles and
Long Beach port areas to alleviate the communications congestion related
to port operations. Thus, we propose to amend section 80.373 of the
Commission\'s Rules to so provide. Further, we propose to make
assignments on Public Safety Pool frequencies of 156.240 and 156.2475
MHz within 100 miles of the geographic center of Los Angeles, defined as
34^o^ 03\' 15\" north latitude and 118^o^ 14\' 28\" west longitude,
secondary to marine port operations on 156.250 MHz. We propose to amend
Sections 90.20 of the Commission\'s Rules to indicate the aforementioned
secondary status. We seek comment on these proposals.

Accordingly, effective upon the adoption date of this *Notice of
Proposed Rule Making*, no applications for public safety pool
frequencies of 156.240 and 156.2475 MHz within 100 miles of the
geographic center of Los Angeles will be accepted for filing during the
pendency of the *Notice of Proposed Rule Making*. Any applications
received on or after this date will be returned as unacceptable for
filing.

Our decision to impose the freeze on Public Safety Pool frequencies of
156.240 and 156.2475 MHz within 100 miles of the geographic center of
Los Angeles is procedural in nature and therefore the freeze is not
subject to the notice and comment and effective date requirements of the
Administrative Procedures Act. *See* 5 U.S.C. § 553(b)(A), (d); Kessler
v. FCC, 326 F.2d 673 (D.C. Cir. 1963). Moreover, there is good cause for
the Commission\'s not using notice and comment procedures in this case,
or making the freeze effective 30 days after publication in the Federal
Register, because to do so would be impractical, unnecessary, and
contrary to the public interest because compliance would undercut the
purpose of the freeze.[^19]

In addition, we note that currently there are no private coast stations
authorized to operate on marine VHF Channel 05A within the Los Angeles
and Long Beach area. We propose not to authorize future private coast
stations on this channel if we ultimately designate marine VHF Channel
05A for port operations. The Marine Exchange of Los Angeles-Long Beach
Harbor, Inc., which operates the VTIS for the ports of Los Angeles and
Long Beach, describes its area of responsibility as within a 25-nautical
mile radius of Point Fermin.[^20] We propose to designate this area as
the radio protection area for port operations on 156.250 MHz. We do not
believe that such an approach would adversely affect private coast
operations. In this connection, Wireless Telecommunications Bureau staff
would assist future applicants in finding suitable alternative channels
to Channel 05A. We seek comment on this proposal.

Finally, we propose to amend Section 0.331 of the Commission\'s Rules to
authorize the Chief, Wireless Telecommunications Bureau to amend the
maritime service rules at the request of the United States Coast Guard
to indicate that the use of marine VHF frequencies in defined port areas
are available for intership communications related to port operations to
alleviate the communications congestion related to port operations. We
believe that this approach will allow the Commission to expedite these
requests, which will increase safe vessel transit and protect U.S.
waters and associated natural resources from environmental harm. We seek
comment on this proposal.

**IV. CONCLUSION**

We conclude that permitting frequency 156.250 MHz (marine VHF Channel
05A) for intership communications related to port operations in the Los
Angeles and Long Beach, California ports will allow the LA/LB Pilots to
manage vessel traffic in that area more efficiently and protect the
marine environment by preventing vessel collisions and groundings. We
are proposing, therefore, to amend Section 80.373(f) of the
Commission\'s Rules to indicate that frequency 156.250 MHz (marine VHF
Channel 05A) is available only for intership communications related to
port operations within the Los Angeles and Long Beach harbor areas. The
radio protection area will be defined as \"within a

25-nautical mile radius of Point Fermin, California.\" Additionally, we
are proposing to amend Section 90.20(c) of the Commission\'s Rules to
indicate that assignments on public safety pool frequencies of 156.240
and 156.2475 MHz within 100 miles of the geographic center of Los
Angeles are secondary to marine port operations on 156.250 MHz.

**V. PROCEDURAL MATTERS**

*[Ex Parte Presentations]{.underline}*. This *Notice of Proposed Rule
Making* is a permit-but-disclose notice and comment rule making
proceeding. *Ex parte* presentations are permitted, provided they are
disclosed as provided in Commission Rules.[^21]

*[Pleading Dates]{.underline}*. Pursuant to Sections 1.415 and 1.419 of
the Commission\'s rules, [^22], interested parties may file comments on
before January 18, 2000, and reply comments on or before February 1,
2000. Comments may be filed using the Commission\'s Electronic Comment
Filing System (ECFS) or by filing paper copies. *See* Electronic Filing
of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998).

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,
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 get
filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, \"get form \<your e-mail address\>.\" A sample form
and directions will be sent in reply.

Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear 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 Street, S.W., Room TW-B204, Washington, D.C. 20554.

Parties who choose to file by paper should also submit their comments on
diskette. These diskettes should be submitted to: Public Safety and
Private Wireless Division, Wireless Telecommunications Bureau, 445 12th
Street, S.W., Washington, D.C. 20554. Such a submission should be on a
3.5 inch diskette formatted in an IBM compatible format using
WordPerfect 5.1 for Windows 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 docket number in this case,
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 must send diskette
copies to the Commission\'s copy contractor, International Transcription
Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

**Initial Regulatory Flexibility Act Analyses**

As required by the Regulatory Flexibility Act,[^23] the Commission has
prepared a an Initial Regulatory Flexibility Analysis of the possible
impact on small entities of the proposals suggested in the *Notice of
Proposed Rule Making*. *See* Appendix A. Written public comments are
requested on the Initial Regulatory Flexibility Analysis. These comments
must be filed in accordance with the same filing deadlines as comments
on the rest of this Notice but they must have a separate and distinct
heading designating them as responses to the Initial Regulatory
Flexibility Analysis. The Office of Public Affairs, Reference Operations
Division, will send a copy of this *Notice of Proposed Rule Making*,
including the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.

**VI. ORDERING CLAUSES**

Authority for issuance of this *Notice of Proposed Rule Making* is
contained in Sections 4(i), 4(j), 303(r), and 403 of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 403.

NOTICE IS HEREBY GIVEN and COMMENT IS SOUGHT on the proposed regulatory
changes described in the *Notice of Proposed Rule Making,*as set forth
in Appendix B.

IT IS FURTHER ORDERED that the Commission\'s Office of Public Affairs,
Reference Operations Division, SHALL SEND a copy of this *Notice of
Proposed Rule Making,* including the Initial Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.

IT IS FURTHER ORDERED that effective upon the adoption date of this
*Notice of Proposed Rule Making*, no applications will be accepted for
filing for the public safety frequencies of 156.240 and 156.2475 MHz
within 100 miles of the geographic center of Los Angeles, defined as
34^o^ 03\' 15\" north latitude and 118^o^ 14\' 28\" west longitude. This
freeze will continue until the Commission makes an announcement that
such applications acceptance will resume.

For further information, contact James Shaffer of the Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
at (202) 418-0680 or via E-mail at \"mayday@fcc.gov\".

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDIX A**

**INITIAL REGULATORY FLEXIBILITY ANALYSIS**

As required by Section 603 of the Regulatory Flexibility Act,[^24] the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected significant economic impact on small entities by
the policies and rules proposed in the *Amendment of Parts 0, 80, and 90
of the Commission\'s Rules to Make the Frequency 156.250 MHz Available
for Port Operations Purposes in Los Angeles and Long Beach, CA Ports*.
Written public comments are requested on the IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments on the *Amendment of Parts 0, 80, and 90 of the
Commission\'s Rules to Make the Frequency 156.250 MHz Available for Port
Operations Purposes in Los Angeles and Long Beach, CA Ports*, provided
in paragraph 11 of the item. The Commission will send a copy of the
*Amendment of Parts 0, 80, and 90 of the Commission\'s Rules to Make the
Frequency 156.250 MHz Available for Port Operations Purposes in Los
Angeles and Long Beach, CA Ports*, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. *See* 5
U.S.C. § 603(a). In addition, the *Amendment of Parts 0, 80, and 90 of
the Commission\'s Rules to Make the Frequency 156.250 MHz Available for
Port Operations Purposes in Los Angeles and Long Beach, CA Ports* and
IRFA (or summaries thereof) will be published in the Federal Register.
*See id*.

**I. Need for and Objectives of the Proposed Rule:** The purpose of this
*Notice* is to determine whether it is in the public interest,
convenience, and necessity to amend our rules to allow frequency 156.250
MHz (marine VHF Channel 05A) to be used for communications related to
port operations in the Los Angeles and Long Beach harbor areas. These
proposed actions should protect the marine environment and increase the
safety and efficiency of navigation and movement of ship by allowing the
LA/LB Pilots to manage vessel traffic in that area more efficiently.

**II. Legal Basis:** Authority for issuance of this *Notice of Proposed
Rule Making* is contained in Sections 4(i) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r).

**III. Description and Estimate of the Number of Small Entities to Which
Rule Will Apply:** The proposed amendments will affect small businesses
in the marine radio services that use a marine VHF radio. Neither the
Commission nor the SBA has developed a definition of small entities
applicable to marine radio services that use a marine VHF radio.
Therefore, the applicable definition of small entity is the definition
under the SBA rules applicable to radiotelephone (wireless) companies.
This provides that a small entity is a radiotelephone company employing
no more than 1,500 persons. According to the Bureau of the Census, only
twelve radiotelephone firms out of a total of 1,178 such firms which
operated during 1992 had 1,000 or more employees. Therefore, even if all
twelve of these firms were companies that used a marine VHF radio,
nearly all such companies were small businesses under the SBA\'s
definition. We invite comment on whether this is the correct definition
to use in this context.

**IV. Description of Projected reporting, recordkeeping, and other
compliance requirements:** There are no reporting, recordkeeping and
other compliance requirements proposed.

**V. Significant Alternatives to Proposed Rules Which Minimize
Significant Economic Impact on Small Entities and Accomplish Stated
Objectives:** The proposed rules would make frequency 156.250 MHz
(marine VHF Channel 05A) available for intership communications related
to port operations in the Los Angeles and Long Beach harbor areas. We
believe that this flexible approach allows the LA/LB Pilots to manage
vessel traffic in the Los Angeles and Long Beach harbor areas more
efficiently and protect the marine environment by preventing vessel
collisions and groundings. Currently under the rules frequency 156.250
MHz is currently allocated to maritime mobile and was made available for
port operations purposes within the Coast Guard designated Houston and
New Orleans, and Seattle Vessel Traffic Service (VTS) systems. We seek
comments on whether the proposed amendment are sufficient to alleviate
the communications congestion related to port operations in the Los
Angeles and Long Beach harbor areas. This decision benefits small
entities and seeks to ensure reliable marine communications, increase
safe vessel transit to protect U.S. waters and associated natural
resources from environmental harm, and increase port efficiency thereby
promoting growth within the shipping community.

**VI. Federal rules which overlap, duplicate or conflict with these
rules:** None

APPENDIX B

Title 47 of the Code of Federal Regulations, Parts 0 and 80, are
proposed to be amended as follows:

**Part 0 \-- Commission organization**

1\. The authority citation for Part 0 continues to read as follows:

**AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.**

2\. Section 0.331 is amended by adding new paragraph (d)(3) to read as
follows:

**§ 0.331** **Authority delegated.**

\* \* \* \* \*

\(3\) Designate by footnote to frequency table in 80.373(f) marine VHF
frequencies are available for intership port operations communications
in defined port areas.

**Part 80 \-- Stations in the Maritime Services**

3\. The authority citation for Part 80 continues to read as follows:

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

**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.**

4\. Section 80.373 is amended by revising the table in paragraph (f) to
revise footnote \# , to read as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

\(f\)

Frequencies in the 156‑162 MHz band

\| Carrier frequency \| Points of communication

Channel \| [(MHz)]{.underline} \| (Intership and between

designator \| Ship \| Coast \| coast and ship unless

[\| transmit \| transmit \| otherwise indicated)]{.underline}

[Port Operations]{.underline}

01A^1^ \| 156.050 \| 156.050 \|

63A^1^ \| 156.175 \| 156.175 \|

05A^2^ \| 156.250 \| 156.250 \|

\* \* \* \* \*

^1^ 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. 156.250 MHz is available for intership
port operations communications used only within the area of Los Angeles
and Long Beach harbors, within a

25-nautical mile radius of Point Fermin, California.

\* \* \* \* \*

**Part 90 \-- Private Land Mobile Radio Services**

5\. The authority citation for Part 90 continues to read as follows:

**AUTHORITY: Secs. 4, 251-2, 303, 309 and 322, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 251-2, 303, 309 and 322 unless otherwise
noted.**

6\. Section 90.20(c) is amended by revising the table in paragraph (3)
to revise paragraph (d) to add footnote 78 , to read as follows:

**§ 90.20 Public Safety Pool.**

\* \* \* \* \*

\(3\)

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or \| Class of sta- \| Limitations \| Coordinator

band \| tion(s) \| \|

[\| \| \|]{.underline}

\* \* \* \* \*

156.240 \| do \| 43, 77 \| PH

156.2475 \| do \| 43, 44, 77 \| PH

\* \* \* \* \*

\* \* \* \* \*

\(78\) This frequency will be secondary to marine port operations within
100 miles of Los Angeles (coordinates 34^o^ 03\' 15\" north latitude and
118^o^ 14\' 28\" west longitude).

\* \* \* \* \*

j:\\ssd\\ambr\\vts\\lalb.vts

[^1]:     ^?^ Letter to Daniel B. Phythyon, Acting Chief of the Wireless
    Telecommunications Bureau from Los Angeles and Long Beach Port
    Pilots, dated April 30, 1997. (*LA/LB Letter*).

[^2]:     ^?^ LA/LB Letter at 2.

[^3]:     ^?^ *Id.*

[^4]:     ^?^ LA/LB Letter at 1.

[^5]:     ^?^ *Id.*

[^6]:     ^?^ 47 C.F.R. § 80.373(f), note 4.

[^7]:     ^?^ LA/LB Letter at 1.

[^8]:     ^?^ LA/LB Letter at 1.

[^9]:     ^?^ *See* 47 C.F.R. § 80.373(f), notes 1 and 2.

[^10]:     ^?^ Amendment of Parts 2, 81, 83 and 89 of the Rules to Make
    the Frequencies 156.050 and 156.175 MHz Available for Port
    Operations Purposes in the Coast Guard Designated New Orleans Vessel
    Traffic Service Area, Gen Docket No. 78-376, *Report and Order*, 44
    FR 55879 (September 28, 1979) (*New Orleans Report and Order*).

[^11]:     ^?^ Amendment of Parts 2, 81, and 83 of the Rules to Make the
    Frequency 156.250 MHz Available for Port Operation Purposes in
    Certain Coast Guard Designated Vessel Traffic Services Radio
    Protection Areas, Docket No. 21370, *Report and Order*, 42 FR 64896
    (December 29, 1977) (*Houston Report and Order*).

[^12]:     ^?^ *See* 47 C.F.R. § 80.383.

[^13]:     ^?^ LA/LB Letter at 2.

[^14]:     ^?^ Letter to the Honorable Stephen Horn, U.S.
    Representative, from Los Angeles/Long Beach Harbor Safety Committee,
    dated April 16, 1999 (*LA/LB Safety Committee Letter*).

[^15]:     ^?^ LA/LB Safety Committee Letter at 2.

[^16]:     ^?^ LA/LB Letter at 3.

[^17]:     ^?^ *See* 47 C.F.R. § 80.514.

[^18]:     ^?^ LA/LB Letter at 3.

[^19]:     ^?^ *See* 5 U.S.C. § 553(b)(A), (d)(3).

[^20]:     ^?^ Letter to the Ms. Regina Keeney, Chief, Wireless
    Telecommunications Bureau from Marine Exchange of Los Angeles-Long
    Beach Harbor, Inc., dated April 11, 1997 (*Marine Exchange Letter*).

[^21]: ^    ?^ *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206.

[^22]: ^    ?^ *See* 47 C.F.R. §§ 1.415, 1.419

[^23]: ^    ?^ *See* 5 U.S.C. § 603

[^24]:     ^?^ 5 U.S.C. § 603.