Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 99-332         |
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| Amendment of Parts 0, 80, and 90 | ) |                              |
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| Commission\'s Rules to Make the  |   |                              |
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| 156.250 MHz Available for Port   | ) |                              |
| Operations                       | * |                              |
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| Purposes in Los Angeles and Long |   |                              |
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**REPORT AND ORDER (Proceeding Terminated)**

**Adopted:** June 15, 2000 **Released:** June 20, 2000

Before the Commission:

**I. INTRODUCTION** **AND EXECUTIVE SUMMARY**

1.  On November 15, 1999, we proposed 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.[^1] Additionally, we proposed to authorize the Chief,
    Wireless Telecommunications Bureau (WTB) 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 the assignment of an intership
    marine VHF channel dedicated to port operations in the Ports of Los
    Angeles and Long Beach, California will foster reliable marine
    communications and increase safe vessel transit in the ports. We
    further believe that delegation of authority to the WTB to handle
    such future requests will result in their expeditious disposition,
    which will increase safe vessel transit and protect U.S. waters and
    associated natural resources from environmental harm. Given these
    public interest benefits and the unanimous support in the record for
    our proposals, this *Report and Order* (\"*Report and Order*\")
    adopts the rules proposed in the *Notice*.

    **II. BACKGROUND**

2.  The Los Angeles and Long Beach Port Pilots (jointly, LA/LB Pilots)
    requested by letter the assignment of an intership marine VHF
    channel dedicated to port operations, namely, pilot-tug
    communications in the Los Angeles and Long Beach, California
    ports.[^2] They recommended that frequency 156.250 MHz be used. In
    addition, they noted that 156.250 MHz currently is allocated to
    maritime mobile radio and was made available for port operations
    purposes within the Coast Guard-designated Houston and New Orleans
    VTS systems,[^3] and Seattle VTS system.[^4] The LA/LB Pilots state
    that their monitoring of this channel detected no users in the area
    of the Ports of Los Angeles and Long Beach.[^5] Five parties filed
    comments in response to the *Notice*.[^6]

    **III. DISCUSSION**

    A. *Establishment of 156.250 MHz for Port Operations*

3.  The ports of Los Angeles and Long Beach are among the busiest in the
    world, with considerable vessel congestion.[^7] In this type of
    environment, it is our understanding that harbor pilots rely upon
    clear and effective radio communications with tugs to help ensure
    the safe ingress and egress of large vessels. Currently there is
    only one frequency, marine VHF Channel 77 (156.875 MHz), dedicated
    to intership communications related to port operations in the
    subject ports.[^8] The Commission, in conjunction with the Coast
    Guard and industry, investigated the feasibility of using frequency
    156.250 MHz for intership communications and tentatively concluded
    in the *Notice* that 156.250 MHz (marine VHF Channel 05A) could be
    utilized without harmful interference to existing radio operations
    in the Los Angeles and Long Beach port areas. We also tentatively
    concluded 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.

4.  All commenters unanimously supported our proposals regarding the
    establishment of the frequency 156.250 MHz for intership
    communications related to port operations in the Los Angeles and
    Long Beach, California ports.[^9] For example, the Coast Guard
    states that large amounts of oil and containers are moved in the Los
    Angeles and Long Beach port complex, the third busiest port complex
    in the world. In this connection, it noted that this already crowded
    port complex is undergoing rapid growth as seen by a doubling of
    ship traffic since 1994.[^10] As a result of this growth, pilots and
    tug operators have experienced interference to their communications
    to maneuver vessels resulting in confused orders and disrupted
    communications.[^11] The Coast Guard believes this is an urgent
    safety matter that needs to be remedied by providing relief for
    communications involving vessel movement.[^12]

5.  WJG MariTel (MariTel) also supported the proposal to designate
    156.250 MHz for intership communications related to port operations
    in Los Angeles and Long Beach ports.[^13] MariTel believes that our
    proposal serves the public interest because it recognizes that
    156.250 MHz currently is underutilized in the port areas and should
    be reviewed and updated to keep pace with changing needs.[^14] It
    also states that advances in radio receiver technology and the
    promotion of more efficient methods to utilize spectrum further
    support adoption of the proposal to allow the use of 156.250 MHz for
    port operations [^15]

6.  Based on the record in this proceeding, we conclude that designating
    156.250 MHz for intership communications related to port operations
    for the ports of Los Angeles and Long Beach, CA will allow the
    Marine Exchange of Los Angeles-Long Beach Harbor, Inc.[^16] to
    manage vessel traffic in those areas more efficiently. Further we
    believe that this action will help protect the marine environment by
    preventing vessel collisions and groundings. Therefore, we are
    amending 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."

7.  In the *Notice*, we stated that no applications for Public Safety
    Pool frequencies of 156.240 and 156.2475 MHz within 100 miles of the
    geographic center of Los Angeles would be accepted for filing during
    the pendency of the *Notice.* In light of our action designating
    156.250 MHz for intership communications related to port operations
    for the ports of Los Angeles and Long Beach, CA, we will lift the
    current freeze imposed on licensing the Public Safety Pool
    frequencies of 156.240 and 156.2475 MHz within 100 miles of the
    geographic center of Los Angeles. The freeze will be lifted as of
    the date of the release of this *Report and Order*. In addition, we
    are adopting our proposal to make assignments on these Public Safety
    Pool frequencies within 100 miles of the geographic center of Los
    Angeles, CA secondary to marine port operations on 156.250 MHz. By
    secondary, we mean that radio communications from licensees on the
    Public Safety Pool frequencies 156.240 and 156.2475 MHz may not
    cause interference to marine port operations on 156.250 MHz and
    licensees on the Public Safety Pool frequencies are not protected
    from interference from marine port operations on 156.250 MHz.

B. *Amendment of Section 0.331 of the Commission\'s Rules.*

8.  In the *Notice*, we proposed to amend Section 0.331 of the
    Commission\'s Rules to authorize the Chief, WTB to amend the
    maritime service rules at the request of the Coast Guard to indicate
    that the use of marine VHF private communications frequencies[^17]
    in defined port areas are available for intership communications
    related to such port operations in order to alleviate the
    communications congestion related to such port operations. Two
    commenters addressed the proposal to delegate authority to the
    Chief, Wireless Telecommunications Bureau to amend the maritime
    service rules at the request of the Coast Guard. The Coast Guard
    fully supported the proposal,[^18] and MariTel did not object to the
    proposal but expressed concern that the proposed regulation may go
    too far in allowing the Chief, Wireless Telecommunications Bureau to
    designate any marine channel for intership port operation.[^19]
    MariTel participated in the December 3, 1998, 156-162 MHz VHF Public
    Coast (VPC) Service - Auction No. 20, and was the winning bidder for
    nine regional licenses in that auction.[^20] Currently, MariTel is
    constructing a national network of VHF Public Coast stations to
    provide advanced maritime communications.[^21]

9.  We do not envision or anticipate that allowing the Chief, WTB at the
    request of the Coast Guard to amend the frequency table in 47 C.F.R.
    § 80.373(f) and make marine VHF frequencies available for intership
    port operations communications in defined port areas will impact
    those licenses sold in Auction No. 20. The forty-two licenses that
    were auctioned involved the nine channels ("working frequencies") in
    the 157.1875-157.4500 MHz (ship transmit) and 161.775-162.0125 MHz
    (coast transmit) bands assignable to VHF public coast stations for
    public correspondence.[^22] These auctioned frequencies are assigned
    for radiotelephone working frequencies and are assignable to ship
    and public coast stations. The frequencies in 47 C.F.R. § 80.373(f)
    are for private communications and are assignable for ship-to-ship
    and ship-to-coast private communications and are below the frequency
    range of the auctioned public correspondence frequencies. Therefore
    the auctioned public correspondence frequencies will not be
    considered for intership port operations.

10. Overall, we believe the approach outlined above will allow the
    Commission to expedite Coast Guard requests, which will promote
    increased safe vessel transit and protect U.S. waters and associated
    natural resources from environmental harm. Therefore, we are
    amending 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.

    **IV. CONCLUSION**

11. In light of the support received for our proposals in the *Notice,*
    and for the foregoing reasons, we adopt rules: (a) 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 for these harbors
    will be defined as \"within a 25-nautical mile radius of Point
    Fermin, California;" (b) 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, and; (c) 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 Coast Guard to indicate that the use of marine VHF
    private communications frequencies in defined port areas are
    available for intership communications related to port operations.
    We conclude that adoption of these rule changes will allow the
    vessel traffic in the congested areas of the Los Angeles and Long
    Beach harbors to be managed more efficiently and will protect the
    marine environment by preventing vessel collisions and groundings.

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V.  **PROCEDURAL MATTERS**

**Final Regulatory Flexibility Analysis**

12. A Final Regulatory Flexibility Analysis is included in Appendix A.

**Alternative Formats**

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

    **VI. ORDERING CLAUSES**

14. Accordingly, IT IS ORDERED, pursuant to the authority of Sections
    4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i), 303(r), 332(a)(2), Parts 0, 280 and 90
    of the Commission\'s Rules, that 47 C.F.R. Parts 0, 80 and 90 ARE
    AMENDED as set forth in the attached Appendix B.

15. IT IS FURTHER ORDERED that the rule changes adopted herein will
    become effective \[thirty days after publication in the Federal
    Register\].

16. IT IS FURTHER ORDERED that the Commission\'s Reference Information
    Center, Consumer Information Bureau, SHALL SEND a copy of this
    *Report and Order*, WT Docket No. 99-332, including the Final
    Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
    of the Small Business Administration.

17. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), that
    this proceeding IS TERMINATED.

18. 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,[^23] 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, 80 and 90, 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.**

\* \* \* \* \*

\(d\) \* \* \*

\(3\) Designate by footnote to frequency table in § 80.373(f) of this
chapter 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, 307 (e), 309 and 322, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307 (e), 309 and 322 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\. In § 80.373 (f), footnote 2 to the table is amended as follows:

**§ 80.373 Private communications frequencies.**

\* \* \* \* \*

^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 is amended by revising the table in paragraph (c) (3)
and by adding paragraph (d)(79) to read as follows:

**§ 90.20 Public Safety Pool.**

\* \* \* \* \*

\(c\) \* \* \*

\(3\) \* \* \*

PUBLIC SAFETY POOL FREQUENCY TABLE

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

Band \| tion(s) \| \|

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

\* \* \* \* \*

156.240 \| do \| 43, 79 \| PH

156.2475 \| do \| 43, 44, 79 \| PH

\* \* \* \* \*

\* \* \* \* \*

\(d\) \* \* \*

\(79\) 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).

\* \* \* \* \*

[^1]: 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, Notice of Proposed Rule Making
    and Order, WT Docket No. 99-332, FCC 99-348, 64 Fed. Reg. 71456
    (December 21, 1999) (\"*Notice*\").

[^2]: Letter to Daniel B. Phythyon, Acting Chief, Wireless
    Telecommunications Bureau from Los Angeles and Long Beach Port
    Pilots, dated April 30, 1997 *(LA/LB Letter).*

[^3]: 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*).

[^4]: *See* 47 C.F.R. § 80.383.

[^5]: LA/LB Letter at 2.

[^6]: Comments were filed by United States Coast Guard, WJG MariTEL
    Corporation, Princess Cruises, Foss Maritime, and George E. Mason.
    No reply comments or *ex parte* submissions were filed.

[^7]: LA/LB Letter at 1.

[^8]: *Id.*

[^9]: United States Coast Guard Comments at 1, WJG MariTEL Comments at
    1, Princess Cruises Comments at 1, Foss Maritime Comments at 1, and
    George E. Mason Comments at 1.

[^10]: United States Coast Guard Comments at 2.

[^11]: *Id.*

[^12]: *Id.*

[^13]: WJG MariTel Comments at 3.

[^14]: *Id*.

[^15]: *Id*.

[^16]: The Marine Exchange of Los Angeles-Long Beach Harbor, Inc
    provides a Vessel Traffic Information Service that offers advisory
    service to coordinate vessel movement in the ports of Los Angeles
    and Long Beach, CA.

[^17]: *See* 47 C.F.R. § 80.373

[^18]: Coast Guard Comments at 1.

[^19]: MariTel Comments at 4.

[^20]: *Id*. at 2.

[^21]: *Id*. at 5.

[^22]: *See* 47 C.F.R. § 80.371(c).

[^23]: 5 U.S.C. § 603.