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 Federal  Communications  Commission  FCC  01-  358 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  of  the  Commissions  Rules 
 Concerning  Maritime  Communications 

 ) 
 ) 
 ) 
 ) 
 PR  Docket  No.  92-  257 

 FOURTH  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  December  11,  2001  Released:  December  28,  2001 
 Comment  Date:  [60  days  after  Federal  Register  publication] 
 Reply  Comment  Date:  [90  days  after  Federal  Register  publication] 

 By  the  Commission: 
 TABLE  OF  CONTENTS 
 Paragraph  I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 ...........................................................................  1 

 II.  BACKGROUND  ................................................................................................................................  2 

 III.  DISCUSSION  ...................................................................................................................................  5  A.  Distress  Communications 
 ...............................................................................................  5  B.  Frequency  Assignments  ...................................................................................................  9 

 1.  Specification  of  12.  5  kHz  Channels  .....................................................................  9  2.  Use  of  Additional  VHF  Channels 
 ......................................................................  12  3.  Automatic  Identification  Systems  .....................................................................  15 

 C.  Technical  and  Operational  Matters  ................................................................................  18  1.  Emission  Masks  and  Designators  for  Data  Services 
 ...........................................  18  2.  Station  Identification  .........................................................................................  20 

 D.  Miscellaneous  Issues  .....................................................................................................  21  1.  Station  Documents 
 ............................................................................................  21  2.  Filing  Requirements  ..........................................................................................  24 

 IV.  PROCEDURAL  MATTERS  ...........................................................................................................  27  A.  Regulatory  Flexibility  Act 
 .............................................................................................  27  B.  Paperwork  Reduction  Analysis  ......................................................................................  28 

 C.  Ex  Parte  Rules  --  Permit-  But-  Disclose  Proceeding  .........................................................  29  D.  Comment  Dates 
 .............................................................................................................  30  E.  Ordering  Clauses  ...........................................................................................................  34 

 F.  Contact  for  Information  .................................................................................................  37 

 Page  APPENDICES 
 .....................................................................................................................................  A-  1  APPENDIX  A  -  REGULATORY  FLEXIBILITY  ANALYSIS  ................................................  A-  1 

 APPENDIX  B  -  PROPOSED  RULES  .....................................................................................  B-  1 
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 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  In  the  Third  Report  and  Order  and  Memorandum  Opinion  and  Order  in  this  proceeding,  the 
 Commission  amended  its  rules  to  permit  VHF  public  coast  (VPC)  licensees  to  operate  on  12.  5  kHz  offset 
 frequencies  where  they  are  authorized  to  operate  on  both  25  kHz  frequencies  adjacent  to  the  offset 
 frequency.  1  In  this  Fourth  Further  Notice  of  Proposed  Rule  Making,  we  address  the  recommendations 
 filed  by  VPC  licensee  Maritel,  Inc.  (Maritel)  and  the  United  States  Coast  Guard  (Coast  Guard)  regarding 
 this  and  other  matters  regarding  VPC  operations.  Specifically,  we  seek  comment  on  the  following: 

 x  Our  tentative  conclusions  not  to  include  the  12.  5  kHz  offset  channels  in  our  table  of  frequencies  for 
 VPC;  and  not  to  propose  occupied  bandwidth,  emission  mask,  and  related  regulations  that  would 
 govern  the  operation  of  VPC  stations  that  employ  12.  5  kHz  narrowband  channels. 

 x  Our  tentative  conclusion  to  reject  Maritels  recommendation  that  geographic  area  VPC  licensees  be 
 required  to  retain  a  watch  only  (1)  after  the  licensees  construction  requirement  has  passed  or  a 
 licensee  has  actually  constructed  facilities  in  an  area;  and  (2)  the  licensee  receives  written 
 notification  from  the  Coast  Guard  that  a  watch  should  be  maintained. 

 x  Whether  Part  90  public  safety  entities  will  be  adversely  affected  by  the  reallocation  of  nine  VHF 
 channel  pairs  to  VPC  licensing. 

 x  Our  proposal  to  allow  the  Coast  Guard  and  VPC  licensees  the  additional  flexibility  to  choose  non-offset, 
 as  well  as  offset,  channel  pairs  when  negotiating  an  agreement  regarding  the  specification  of 
 two  narrowband  channel  pairs  that  will  be  used  by  the  Coast  Guard  for  its  Ports  and  Waterways 
 Safety  System  (PAWSS).  2 

 x  Our  proposal  to  expand  the  types  of  emission  masks  and  designators  permissible  under  Part  80  of 
 the  Commissions  Rules  in  order  to  allow  VPC  licensees  to  provide  a  full  range  of  data  services. 

 x  Whether  to  eliminate  the  station  identification  requirement  for  geographic  area  VPC  licensees. 

 x  Our  proposals  to  allow  public  coast  stations  to  maintain  station  documents  via  electronic  means, 
 and  to  limit  the  posting  requirement  for  VPC  geographic  area  licensees  to  a  document  identifying 
 the  licensee  and  a  representative  that  may  be  contacted  to  answer  any  questions  regarding  the 
 operation  of  a  particular  station  transmitter. 

 1  Amendment  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Third  Report  and  Order  and 
 Memorandum  Opinion  and  Order,  PR  Docket  No.  92-  257,  13  FCC  Rcd  19853,  19874    45  (1998)  (Third  Report 
 and  Order);  see  also  47  C.  F.  R.    80.371(  c)(  1)(  iii). 

 2  PAWSS  will  provide  Vessel  Traffic  Services  to  facilitate  the  safe  and  efficient  transit  of  vessel  traffic  to  prevent 

 collision,  groundings,  and  environmental  damage  associated  with  maritime  accidents.  See  Third  Report  and 
 Order,  13  FCC  Rcd  at  19875    46. 
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 II.  BACKGROUND 
 2.  The  Maritime  Radio  Services  provide  for  the  unique  distress,  operational,  and  personal 
 communications  needs  of  vessels  at  sea  and  on  inland  waterways.  3  There  are  two  types  of  coast  stations: 
 public  coast  stations  and  private  coast  stations.  Public  coast  stations  are  commercial  mobile  radio  service 
 (CMRS)  facilities  that  allow  ships  at  sea  to  send  and  receive  messages  and  to  interconnect  with  the  public 
 switched  network.  4  Each  public  coast  station  has  exclusive  use  of  one  or  more  public  correspondence 
 channels  within  its  service  area  or  region  of  operation.  By  contrast,  private  coast  stations  operate  on 
 shared  frequencies  to  serve  vessels'  business  and  operational  needs,  and  licensees  may  not  charge  fees  for 
 the  provision  of  communications  services.  Both  public  and  private  coast  stations  may  use  very  high 
 frequency  (VHF)  band  frequencies  to  serve  a  port  or  coastal  area;  or  low  frequency  (LF),  medium 
 frequency  (MF),  and  high  frequency  (HF)  band  frequencies  to  serve  vessels  on  the  high  seas,  often 
 hundreds  or  even  thousands  of  miles  from  land.  Maritime  frequencies  are  allocated  internationally  by  the 
 International  Telecommunication  Union  (ITU)  to  facilitate  interoperable  radio  communications  among 
 vessels  of  all  nations  and  stations  on  land  worldwide. 

 3.  On  July  9,  1998,  the  Commission  released  a  Third  Report  and  Order  and  Memorandum 
 Opinion  and  Order  (Third  Report  and  Order)  in  this  proceeding,  in  which  it  adopted  rules  to  utilize  a 
 geographic  area  licensing  approach  for  VPC  stations.  5  The  Commission  designated  forty-  two  licensing 
 regions,  known  as  VHF  Public  Coast  Station  Areas  (VPCSA).  6  The  new  rules  provided  for  a  single 
 licensee  for  all  unassigned  VHF  public  correspondence  channels  in  each  area  to  be  selected  by  competitive 
 bidding.  7  The  Commission  permitted  the  continued  operation  of  incumbents  using  VPC  station  spectrum, 
 and  required  incumbents  and  geographic  area  licensees  to  afford  each  other  interference  protection.  8  In 
 accordance  with  the  Third  Report  and  Order,  the  Commission  conducted  an  auction  of  the  forty-  two  VPC 
 licenses  from  December  3,  1998,  to  December  14,  1998.  9  On  May  19,  1999,  twenty-  six  VPC  licenses 
 were  granted  by  the  Commission.  10  On  June  13,  2001,  the  Commission  completed  the  auction  for  the 
 remaining  sixteen  VHF  public  coast  licenses.  11  Maritel  is  the  geographic  licensee  for  VPCSAs  1-  9,  which 

 3  For  a  fuller  description  of  the  Maritime  Radio  Services  and  the  history  of  this  proceeding,  see  Amendment  of 
 the  Commissions  Rules  Concerning  Maritime  Communications,  Second  Report  and  Order  and  Second  Further 
 Notice  of  Proposed  Rule  Making,  PR  Docket  No.  92-  257,  12  FCC  Rcd  16949,  16953-  56    4-  9  (1997)  (Second 
 Report  and  Order  and  Second  Further  Notice). 

 4  See  Implementation  of  Sections  3(  n)  and  332  of  the  Communications  Act  --  Regulatory  Treatment  of  Mobile 

 Services,  Second  Report  and  Order,  GN  Docket  No.  93-  252,  9  FCC  Rcd  1411,  1448    83  (1994)  (CMRS  2nd 
 R&  O);  see  also  47  C.  F.  R.    20.9(  a)(  5). 

 5  Third  Report  and  Order,  13  FCC  Rcd  at  19855-  56    1. 

 6  Id. 
 7  Id. 
 8  Id. 
 9  See  Auction  of  156-  162  MHz  VHF  Public  Coast  Service  Licenses,  Public  Notice,  13  FCC  Rcd  24874,  2874 
 (1998);  VHF  Public  Coast  Service  Auction  Closes,  Public  Notice,  14  FCC  Rcd  480,  480  (1999). 
 10  See  FCC  Announces  the  Conditional  Grant  of  26  VHF  Public  Coast  Service  Licenses,  Public  Notice,  DA  99-195, 

 at  1  (rel.  May  21,  1999). 
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 collectively  encompass  the  Atlantic,  Pacific,  and  Gulf  Coasts;  the  Mississippi  River  system;  and  Alaska 
 and  Hawaii.  12 

 4.  On  March  24,  2000,  the  Commission  released  a  Notice  of  Proposed  Rulemaking  (NPRM)  in 
 WT  Docket  No.  00-  48  that  proposed  rule  changes  that  were  intended  to  consolidate,  revise  and  streamline 
 the  Commissions  Rules  governing  maritime  communications,  pursuant  to  requests  from  the  National 
 Global  Maritime  Distress  Safety  System  (GMDSS)  13  Implementation  Task  Force  and  Globe  Wireless,  Inc.  14  These  changes  were  proposed  to  address  new  international  maritime  requirements,  improve  the 

 operational  ability  of  all  users  of  marine  radios  and  remove  unnecessary  or  duplicative  requirements  from 
 the  Commissions  Rules.  15  In  response  to  this  NPRM,  the  Commission  received  comments  from,  among 
 others,  Maritel  and  the  Coast  Guard.  To  the  extent  that  these  comments  relate  to  public  coast  station 
 issues,  rather  than  GMDSS  implementation,  we  believe  that  the  present  proceeding  offers  the  more 
 appropriate  forum  for  their  resolution.  Consequently,  we  have  incorporated  these  comments  in  WT  Docket 
 No.  00-  48  into  the  record  of  PR  Docket  No.  92-  257.  16 

 III.  DISCUSSION 
 A.  Distress  Communications 
 5.  VPC  stations  are  part  of  an  international  safety  system  intended  to  provide  assistance  to 
 vessels  in  distress.  Vessel  operators  use  marine  VHF  Channel  16  (156.8  MHz)  in  the  same  manner  that 
 landline  telephone  subscribers  dial  911  in  an  emergency.  VPC  stations,  as  well  as  other  nearby  vessels, 
 respond  to  the  vessel  operators  distress  messages  and  then  relay  the  messages  to  local  search  and  rescue 
 authorities.  The  Coast  Guard,  which  is  responsible  for  search  and  rescue  operations  at  sea  and  on  inland 
 waterways  in  the  United  States,  monitors  VHF  Channel  16  for  these  distress  messages. 

 (Continued  from  previous  page)  11 
 See  VHF  Public  Coast  and  Location  and  Monitoring  Service  Spectrum  Auction  Closes,  Public  Notice,  DA  01-1443 
 (rel.  June  15,  2001).  Maritel  was  the  winning  bidder  for  VPCSAs  010,  012,  015,  019,  020,  021,  and  022. 
 Id.  at  Attachment  A.  Three  other  parties  submitted  the  high  bids  for  the  other  nine  VPCSAs.  Id.  The 
 applications  for  those  licenses  remain  pending. 

 12  Id.  at  A-  1.  Three  other  licensees  hold  licenses  for  15  VPCSAs. 

 13  The  GMDSS  is  primarily  a  ship-  to-  shore  system  (though  it  has  ship-  to-  ship  capabilities)  for  the  transmission 
 of  distress  communications.  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).  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.  See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime 
 Communications,  Notice  of  Proposed  Rule  Making  and  Memorandum  Opinion  and  Order,  WT  Docket  No.  00-48, 
 15  FCC  Rcd  5942,  5946    5  (2000)  (NPRM). 

 14  Id.  at  5944    1 

 15  Id. 
 16  All  citations  in  this  item  to  comments  refer  to  comments  originally  filed  in  WT  Docket  No.  00-  48. 
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 6.  Currently,  the  Commission  requires  site-  based  as  well  as  geographic  area  VPC  licensees  to 
 maintain  a  continuous  safety  watch  on  VHF  Channel  16  unless  exempted.  17  Under  Section  80.303(  b),  a 
 VPC  licensee  is  exempted  if  a  federal,  state,  or  local  government  station  maintains  such  a  watch  over  95 
 percent  of  the  VPC  licensees  service  area.  18  Maritel  suggests  that  the  Commission  amend  its  regulations 
 so  that  geographic  area  VPC  licensees  are  required  to  maintain  a  Channel  16  safety  watch  only  (1)  after  the 
 licensees  construction  requirement  has  passed  or  a  licensee  has  actually  constructed  facilities  in  an  area; 
 and  (2)  the  licensee  receives  written  notification  from  the  Coast  Guard  that  a  watch  should  be  maintained.  19 
 The  Coast  Guard  opposes  Maritels  proposed  amendment,  and  states  that  VPC  licensees  are  already 
 relieved  of  the  VHF  Channel  16  safety  watch  requirement  to  a  great  extent  because  of  the  exemption.  20  It 
 believes  that  once  its  new  VHF  National  Distress  and  Response  System  Modernization  Project  is 
 implemented,  many  more  VPC  licensees  will  be  eligible  for  the  exemption.  21 

 7.  We  believe  that  it  is  unnecessary  to  propose  that  a  watch  be  required  only  after  the  licensees 
 construction  requirement  has  passed  or  a  licensee  has  actually  constructed  facilities  in  an  area,  because  the 
 Commission  presently  requires  that  a  watch  be  maintained  during  a  stations  hours  of  operation.  22  The 
 phrase  hours  of  operation  clearly  implies  that  a  licensee  is  subject  to  watch  requirements  only  when  there 
 is  a  fully  constructed  station.  Furthermore,  due  to  the  important  purpose  of  the  VHF  Channel  16  safety 
 watch  (i.  e.,  to  ensure  that  distress  calls  outside  of  the  service  area  of  a  federal,  state,  or  local  government 
 station,  but  within  a  VPC  licensees  service  area,  are  heard),  we  believe  that  the  onus  should  be  on  the 
 licensee  of  the  public  coast  station  to  immediately  initiate  and  maintain  the  watch,  rather  than  to  wait  for 
 written  notification  from  the  Coast  Guard,  as  Maritel  recommends.  We  seek  comment  on  our  tentative 
 conclusion  to  reject  Maritels  recommendation. 

 8.  The  Coast  Guard  recommends  that  VPC  licensees  be  required  to  notify  it  in  advance  of  any 
 station  relocation  that  will  affect  the  licensees  VHF  Channel  16  safety  watch  responsibility,  whether  or  not 
 the  licensee  is  subject  to  the  exemption.  23  In  addition,  Maritel  recommends  that  when  a  VPC  licensee  (both 
 exempted  and  non-  exempted)  discontinues  service,  and  such  licensee  is  providing  a  watch  under  Section 
 80.303  of  the  Commissions  Rules,  24  the  licensee  should  be  required  to  notify  the  Coast  Guard  thirty  days 
 in  advance  of  such  discontinuance.  25  We  do  not  believe  that  adoption  of  the  Coast  Guard  and  Maritels 
 recommendations  is  necessary  because  the  Commission  already  requires  that  notification  be  made  by  the 
 licensee  to  the  nearest  district  office  of  the  Coast  Guard  thirty  days  prior  to  discontinuing  the  watch 

 17  47  C.  F.  R.    80.303.  See  Request  for  Waiver  of  the  Requirements  in  Sections  80.303  and  80.453  of  the  Rules 
 to  Permit  Public  Coast  Station  WHU487  to  Cease  Safety  Watch  on  156.800  MHz  and  Serve  Mobile  Vehicles  on 
 Land,  Order,  9  FCC  Rcd  221,  221    2  (PRB  SSD  1994). 

 18  47  C.  F.  R.    80.303(  b). 

 19  Maritel  Comments  at  5. 
 20  Coast  Guard  Reply  Comments  at  3. 
 21  Id. 
 22  47  C.  F.  R.    80.303. 
 23  Coast  Guard  Reply  Comments  at  3. 
 24  47  C.  F.  R.    80.303. 
 25  Maritel  Comments  at  13-  14. 
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 pursuant  to  the  exemption  of  Section  80.303(  b);  26  and  as  soon  as  practicable  when  changes  occur  in  the 
 operation  of  a  public  coast  station,  which  includes  discontinuance,  reduction  or  suspension  of  a  VHF 
 Channel  16  safety  watch.  27  Neither  commenter  has  indicated  that  the  Coast  Guard  is  getting  insufficient 
 notice  under  the  current  regulatory  framework.  For  the  foregoing  reasons,  we  believe  that  the 
 recommendations  of  both  Maritel  and  the  Coast  Guard  are  sufficiently  satisfied  by  these  existing  rules. 
 Nevertheless,  we  propose  that  Section  80.302(  a)  be  amended  so  that  it  also  requires  notification  to  the 
 Coast  Guard  be  made  as  soon  as  practicable  when  a  VPC  station  with  VHF  Channel  16  safety  watch 
 responsibility  is  relocated.  We  seek  comment  on  our  tentative  conclusions. 

 B.  Frequency  Assignments 
 1.  Specification  of  12.5  kHz  Channels 
 9.  The  basic  channelization  for  VPC  spectrum  is  set  forth  in  the  ITU  Radio  Regulations  as  25 
 kHz.  28  However,  after  the  ITU  authorized  the  use  of  12.  5  kHz  (narrowband)  channels  to  relieve  local 
 congestion,  the  Commission  decided  to  permit  VPC  licensees  to  operate  on  12.  5  kHz  offset  frequencies 
 where  their  station  is  authorized  to  operate  on  both  25  kHz  frequencies  adjacent  to  the  offset  frequency.  29 
 The  Commission,  however,  did  not  adopt  technical  rules  to  govern  12.  5  kHz  operation.  Maritel  states  that 
 it  wants  to  conduct  narrowband  operations,  but  cannot  because  of  the  absence  of  such  technical 
 regulations.  30  It  recommends  that  the  Commission  include  the  12.  5  kHz  offset  channels  in  the  VPC  table  of 
 frequencies.  31  It  also  recommends  that  the  Commission  amend  Part  80  by  adopting  the  occupied 
 bandwidth,  emission  mask  and  related  regulations  that  govern  the  operation  of  stations  that  employ  12.  5 
 kHz  narrowband  channels  from  our  Part  90  Rules.  32 

 10.  The  Commissions  intent  when  it  adopted  the  rule  permitting  offset  operations  without  also 
 adopting  technical  rules  for  narrowband  operations  was  to  leave  such  matters  to  the  licensees  discretion, 
 provided  that  the  emissions  are  attenuated  at  the  edge  of  the  licensees  contiguous  25  kHz  channels.  Thus, 
 we  disagree  with  Maritels  conclusion  that  offset  operations  are  prohibited  absent  additional  technical 
 regulations.  We  instead  believe  that  the  lack  of  specific  regulation  in  this  area  affords  licensees  with 
 greater  flexibility  to  initiate  offset  operations.  Therefore,  we  conclude  that  technical  flexibility  should  be 

 26  47  C.  F.  R.    80.303(  b). 
 27  47  C.  F.  R.    80.302(  a). 
 28  See  Second  Further  Notice,  12  FCC  Rcd  at  16998    96. 
 29  Third  Report  and  Order,  13  FCC  Rcd  at  19874    45  (citing  ITU  Radio  Regulations  Art.  S52,  App.  S18  n.  e); 
 see  47  C.  F.  R.    80.371(  c)(  1)(  iii).  The  Commission  already  has  afforded  Automated  Maritime 
 Telecommunications  System  (AMTS)  licensees  such  flexibility.  See  Second  Further  Notice,  12  FCC  Rcd  at 
 16998-  99    96. 

 30  See  Maritel  Comments  at  7  (claiming  that,  because  the  technical  rules  do  not  specify  offset  operational 

 characteristics,  the  Commissions  Rules  do  not  currently  support  actual  offset  operations).  On  a  related  note,  the 
 Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  granted  Maritels  request  for 
 waiver  of  certain  Part  80  rules  to  permit  type  certification  for  12.  5  kHz  offset  radio  equipment.  See  Maritel,  Inc., 
 Request  for  Waiver  of  Part  80  Regulations  to  Permit  Use  of  12.5  kHz  Radio  Equipment  Operating  in  the  156-  162 
 MHz  Frequency  Band,  Order,  DA  01-  1104  (PSPWD  WTB  rel.  Apr.  30,  2001). 

 31  Maritel  Comments  at  7;  see  47  C.  F.  R.    80.371(  c). 

 32  Maritel  Comments  at  7. 
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 maintained  and  that  Maritels  recommended  regulations  not  be  imposed.  We  note  that  under  the  current 
 approach  there  have  been  very  few  complaints  regarding  interference  caused  by  VPC  stations.  We  believe 
 that  as  long  as  VPC  licensees  remain  aware  that  the  transmitted  signal  needs  to  be  attenuated  at  the  edge  of 
 the  contiguous  channels,  the  risk  of  interference  should  remain  slight.  We  seek  comment  on  our  tentative 
 conclusion.  Commenters  who  are  in  agreement  with  Maritel  should  address  whether  any  requirements  it 
 proposes  are  consistent  with  existing  international  standards.  33 

 11.  Although  we  disagree  with  Maritel  that  its  recommended  regulations  are  essential  to  the 
 provision  of  narrowband  operations,  we  note  that  Section  80.213(  d)  of  our  Rules  currently  provides  that 
 maritime  VHF  transmitters  must  be  capable  of  proper  operation  with  a  frequency  deviation  of  +/-  5  kHz 
 when  using  any  emission  authorized  by    80.207.  34  To  avoid  any  uncertainty  as  to  whether  this  provision 
 requires  a  frequency  deviation  of  +/-  5  kHz,  which  would  not  be  compatible  with  12.  5  kHz  narrowband 
 operations,  35  or  instead  permits  any  frequency  deviation  up  to  +/-  5  kHz,  we  propose  to  revise  the  rule  to 
 provide  that  the  equipment  must  be  capable  of  proper  operation  with  a  frequency  deviation  that  does  not 
 exceed  +/-  5  kHz  .  36  We  seek  comment  on  this  proposal.  We  also  seek  comment  on  our  proposal  to 
 amend  our  Rules  to  make  clear  that  offset  operations  require  Canadian  coordination  whenever  operation  on 
 either  adjoining  25  kHz  channel  would  require  Canadian  coordination. 

 2.  Use  of  Additional  VHF  Channels 
 12.  There  are  currently  ten  25  kHz  channel  pairs  in  the  157.200-  157.425  MHz  (ship  transmit)  and 
 161.800-  162.025  MHz  (coast  transmit)  bands  assignable  to  VPC  stations  for  public  correspondence, 
 though  there  is  no  area  where  all  ten  are  assignable  to  U.  S.  VPC  stations.  37  Maritel  proposes  that  the 
 Commission  reallocate  nine  channel  pairs  in  the  156.0375-  156.2375  MHz  band  and  the  160.6375- 
 160.8375  MHz  band  38  (already  designated  on  an  international  basis  for  public  correspondence  use)  for 
 VPC  stations  on  a  domestic  basis.  39  Maritel  argues  that  reallocation  is  needed  because  there  are  currently 
 fewer  channels  available  for  VPC  operations  in  the  United  States  than  there  are  in  other  countries.  40  It  also 

 33  See  ITU  Radio  Recommendation  M.  1084. 
 34  47  C.  F.  R.    80.213(  d). 
 35  In  a  typical  narrowband  frequency  modulated  system,  a  reduction  of  the  frequency  deviation  from  5  kHz  to  2.  5 
 kHz  is  necessary  in  order  for  the  resulting  signal  to  be  of  a  useable  quality. 
 36  Cf.,  e.  g.,  47  C.  F.  R.    80.205(  b). 

 37  See  47  C.  F.  R.    80.371(  c)(  1)(  i).  Channel  88  may  be  authorized  only  within  120  kilometers  (75  miles)  of  the 
 Canadian  border  on  the  Great  Lakes,  the  St.  Lawrence  Seaway,  and  the  Puget  Sound  and  the  Strait  of  Juan  de 
 Fuca  and  its  approaches.  See  id.  Certain  other  channels  are  not  available  along  the  Canadian  border.  See  47 
 C.  F.  R.    80.57. 

 38  156.0375  MHz  /  160.6375  MHz,  156.0625  MHz  /  160.6625  MHz,  156.0875  MHz  /  160.6875  MHz,  156.1125 

 MHz  /  160.7125  MHz,  156.1375  MHz  /  160.7375  MHz,  156.1625  MHz  /  160.  7625  MHz,  156.1875  MHz  / 
 160.7875  MHz,  156.2125  MHz  /  160.8125  MHz,  156.2375  MHz  /  160.8375  MHz. 

 39  Maritel  Comments  at  8,  and  Exhibit  A. 

 40  Id.  at  8;  see  also  National  GMDSS  Implementation  Task  Force  Comments  at  3  (  there  is  an  extreme  shortage 
 of  available  VHF  channels  and  recommends  that  all  available  solutions  such  as  narrow  banding  should  be 
 undertaken  to  provide  relief). 
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 argues  that  a  reallocation  of  the  nine  channel  pairs  would  harmonize  United  States  allocations  with  the 
 international  community.  41 

 13.  Three  of  Maritels  recommended  frequencies  are  currently  allocated  for  Part  90  public  safety 
 use,  42  and  three  others  are  currently  allocated  for  Part  90  Industrial/  Business  use.  43  Maritel  states  that 
 there  is  extremely  light  demand  for  these  six  frequencies  from  Part  90  eligibles.  44  The  remaining  twelve 
 frequencies  that  Maritel  requests  for  maritime  use  do  not  have  a  current  Part  90  allocation,  but  are  adjacent 
 to  channels  that  are  allocated  for  Part  90  public  safety  or  Part  90  Industrial/  Business  use.  Maritel  suggests 
 that  we  grandfather  the  incumbents  so  that  their  operations  are  protected  from  newly  authorized  VPC 
 licensees,  or  develop  a  transition  scheme  that  would  conclude  with  Part  90  incumbent  operations  becoming 
 secondary  to  VPC  operations.  45  Maritel  believes  that  a  reallocation  will  cause  minimal  impact  on  Part  90 
 public  safety  licensees  because  the  Commission  has  provided  such  licensees  with  additional  spectrum  in 
 higher  frequency  bands.  46  Finally,  Maritel  requests  that  the  Commission  immediately  freeze  the  further 
 licensing  of  this  spectrum  as  a  prelude  to  an  auction.  47 

 14.  Although,  as  Maritel  suggests,  some  Part  90  public  safety  licensees  will  eventually  relocate  to 
 frequency  bands  that  are  higher  than  the  VHF  spectrum  in  order  to  enjoy  the  benefits  of  more  sophisticated 
 handsets,  48  we  note  that  VHF  spectrum  is  still  considered  ideal  for  many  public  safety  entities  because  its 
 propagation  characteristics  can  ensure  coverage  to  a  wide  service  area.  We  also  note  that  the  higher 
 frequency  band  referenced  by  Maritel,  746-  806  MHz,  is  still  encumbered  by  incumbent  broadcast 
 television  licensees,  which  do  not  have  to  vacate  this  band  until  the  conclusion  of  the  digital  television 
 transition  period,  December  31,  2006  at  the  earliest.  49  For  these  reasons,  we  conclude  that  we  should  not 
 propose  to  adopt  Maritels  recommended  reallocation  approach  with  respect  to  these  channel  pairs  without 
 first  assessing  the  demand  for  this  spectrum  from  Part  90  public  safety  eligibles.  50  Therefore,  we  seek 
 comment  on  whether  public  safety,  as  opposed  to  maritime,  has  a  greater  immediate  need  for  this  VHF 

 41  Maritel  Comments  at  9. 
 42  156.0375  MHz,  156.1125  MHz,  and  156.1875  MHz. 
 43  160.6875  MHz,  160.7625  MHz,  and  160.8375  MHz. 
 44  Maritel  Comments  at  9  n.  11.  A  review  of  our  licensing  database  indicates  that  there  are  two  public  safety 
 entities  licensed  to  operate  on  156.1875  MHz;  twenty-  six  public  safety  entities  licensed  to  operate  on  156.1125 
 MHz;  and  ten  public  safety  entities  licensed  to  operate  on  156.0375  MHz.  There  are  two  entities  that  are  licensed 
 to  operate  on  all  three  channels  that  are  currently  allocated  for  Part  90  Industrial/  Business  use. 

 45  Id.  at  8  n.  9. 

 46  Id.  at  8-  9  (citing  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal, 
 State  and  Local  Public  Safety  Agency  Communications  Requirements  Through  the  Year  2010,  First  Report  and 
 Order  and  Third  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  96-  86,  14  FCC  Rcd  152  (1998)  (Public 
 Safety  First  Report  and  Order)). 

 47  Maritel  Comments  at  8  nn.  9,  10. 

 48  Id.  at  9. 
 49  See  Public  Safety  First  Report  and  Order,  14  FCC  Rcd  at  159-  161    10. 
 50  None  of  Maritels  proposed  channel  pairs  can  be  reallocated  without  affecting  public  safety  because  the  mobile 
 transmit  frequency  of  each  is  either  directly  allocated  to  public  safety  or  is  adjacent  to  a  frequency  that  is 
 allocated  to  public  safety. 
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 spectrum.  We  also  seek  comment  on  Maritels  recommended  treatment  of  public  safety  incumbents  if 
 reallocation  of  these  nine  channel  pairs  to  VPC  is  ultimately  adopted.  Finally,  we  seek  comment  on  our 
 tentative  conclusion  that  a  freeze  of  this  spectrum  as  a  prelude  to  a  VPC  auction  is  not  needed  to  maintain 
 the  regulatory  landscape  because  there  is  no  reason  to  expect  any  upsurge  in  licensing  activity  on  these 
 frequencies  pending  the  resolution  of  this  proceeding. 

 3.  Automatic  Identification  Systems 
 15.  Our  Rules  currently  require  that  each  licensee  of  VHF  Public  Coast  Service  Areas  1-  9  enter 
 into  an  agreement  with  the  Coast  Guard  to  specify  two  12.  5  kHz  offset  channel  pairs  that  will  be  used  by 
 the  Coast  Guard  for  Automatic  Identification  Systems  (AIS)  51  and  related  systems,  in  support  of  PAWSS, 
 which  will  provide  Vessel  Traffic  Services  to  facilitate  the  safe  and  efficient  transit  of  vessel  traffic  to 
 prevent  collisions,  groundings,  and  environmental  damage  associated  with  maritime  accidents.  52  Maritel 
 requests  that  Section  80.371(  c)(  3)  of  the  Commissions  Rules  be  amended  in  order  to  provide  VPC 
 licensees  and  the  Coast  Guard  with  the  additional  flexibility  to  enter  into  an  agreement  that  specifies  non-offset, 
 rather  than  offset,  channel  pairs,  if  the  parties  so  desire.  53 

 16.  The  Commission  chose  a  method  of  negotiation  for  determining  the  offset  channel  pairs,  rather 
 than  pre-  selecting  channel  pairs  during  the  rulemaking  proceeding,  because  it  envisioned  that  such 
 approach  would  provide  both  the  Coast  Guard  and  the  VPC  licensee  with  more  flexibility.  54  The 
 Commissions  decision  to  specify  that  two  channel  pairs  offset  12.  5  kHz  from  the  VHF  band  public 
 correspondence  channels  be  used  for  PAWSS  was  premised  on  the  expectation  that  VPC  licensees  would 
 prefer  to  retain  all  of  their  non-  offset  channels.  We  now  agree  with  Maritel  that  the  parties  should  be  able 
 to  specify  non-  offset  channel  pairs  if  it  is  mutually  agreeable.  We  seek  comment  on  our  proposal  to  adopt 
 Maritels  recommendation.  We  also  seek  comment  on  whether,  given  that  Maritel  and  the  Coast  Guard 
 already  have  reached  an  agreement  regarding  PAWSS  channels,  the  proposed  amendment  is  moot. 

 17.  In  addition,  we  note  that  the  Coast  Guard  commented  on  other  AIS  issues,  such  as  equipment 
 certification  and  technical  rules.  55  Specifically,  it  requested  that  the  Commission  develop  the  necessary 
 regulations  to  ensure  that  properly  certified  AIS  equipment  tested  by  an  independent  test  facility  is 

 51  The  AIS  is  a  VHF  ship-  ship/  ship-  shore  transponder  system  using  self-  organizing  time  division  multiple  access 
 techniques  to  assist  ships  in  navigation  and  collision  avoidance,  especially  in  congested  waters.  See  Coast  Guard 
 Comments  at  33. 

 52  47  C.  F.  R.    80.371(  c)(  3);  see  Third  Report  and  Order,  13  FCC  Rcd  at  19875    46. 

 53  Maritel  Comments  at  10.  Subsequently,  on  March  7,  2001,  Maritel  and  the  Coast  Guard  agreed  that  Channels 
 87  A/  B  (157.375  MHz/  161.975  MHz)  would  be  set  aside  for  PAWSS  in  VPCSAs  1-  9.  Memorandum  of 
 Agreement  Between  United  States  Coast  Guard  and  the  Maritime  VHF  Public  Coast  Area  Licensee  at  2  (dated 
 Mar.  7,  2001);  see  also  Wireless  Telecommunications  Bureau  Announces  the  Selection  of  Two  VHF  Channel 
 Pairs  for  the  United  States  Coast  Guards  Ports  and  Waterways  Safety  System,  Public  Notice,  DA  01-  925  (WTB 
 PSPWD  rel.  Apr.  13,  2001). 

 54  Third  Report  and  Order,  13  FCC  Rcd  at  19876    49  (  We  prefer  this  procedure  to  setting  channels  aside  in 

 advance  because  we  believe  that  it  will  allow  the  Coast  Guard  time  to  develop  its  AIS  plans  fully  and  coordinate 
 AIS  frequencies  with  neighboring  countries.  We  also  believe  that  such  approach  will  enhance  each  maritime 
 VPC  licensee's  ability  to  pursue  its  own  business  plan  and  allow  the  parties  to  determine  how  many  channels  are 
 needed  in  each  location.). 

 55  See  Coast  Guard  Comments  at  33-  35. 
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 available  to  meet  International  Maritime  Organization  and  Coast  Guard  vessel  carriage  regulations.  56 
 Therefore,  we  now  seek  comment  generally  on  these  and  any  other  aspects  of  AIS  implementation. 

 C.  Technical  and  Operational  Matters 
 1.  Emission  Masks  and  Designators  for  Data  Services 
 18.  Maritel  states  that  the  Commissions  Part  80  rules  currently  do  not  permit  the  full  range  of 
 possible  data  services.  57  In  this  regard,  it  argues  that  the  Commission  should  adopt  emission  masks  58  and 
 designators  for  such  data  services.  59  Specifically,  Maritel  suggests  that  any  emission  mode  be  permitted  in 
 Part  80  so  long  as  the  applicable  mask  limits  are  satisfied.  60  Maritel  recommends  that  the  Commission 
 adopt,  for  use  under  Part  80,  the  emission  mask  requirements  now  applicable  to  transmitters  accepted  for 
 use  under  Part  90.  61 

 19.  When  formulating  emission  mask  standards,  the  Commission  endeavors  to  select  out-  of-  band 
 emission  limits  that  will  provide  acceptable  adjacent  channel  protection.  62  The  Commission  uses 
 designators  to  identify  what  emissions  are  most  likely  to  cause  interference  and  what  emissions  are  most 
 sensitive  to  interference.  However,  we  also  seek  to  afford  licensees  with  the  broadest  range  of  options  to 
 provide  the  services  permitted  in  a  particular  radio  service.  We  believe  that  expanding  the  data  emissions 
 permissible  under  Part  80  is  in  the  public  interest.  We  seek  comment  on  our  proposal  to  adopt  emission 
 masks  and  designators  for  the  full  range  of  possible  data  services  as  Part  90  licensees  may  offer.  63 

 56  Id. 
 57  Maritel  Comments  at  10. 
 58  Emission  mask  is  the  technical  specification  that  limits  the  distribution  of  power  of  a  radio  transmitter  as  a 
 function  of  frequency.  The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting 
 Federal,  State  and  Local  Public  Safety  Agency  Communication  Requirements  Through  the  Year  2010,  First 
 Report  and  Order  and  Third  Notice  of  Proposed  Rulemaking,  WT  Docket  No.  96-  86,  14  FCC  Rcd  152,  213 
 n.  337  (1998).  The  emission  mask  is  an  important  technical  parameter  that  affects  the  efficient  use  of  a  frequency 
 band  by  limiting  emissions  from  one  channel  into  adjacent  channels.  See  1998  Biennial  Regulatory  Review    47 
 C.  F.  R.  Part  90    Private  Land  Mobile  Radio  Services,  Report  and  Order  and  Further  Notice  of  Proposed  Rule 
 Making,  WT  Docket  No.  98-  182,  15  FCC  Rcd  16673,  16689    33  (2000). 

 59  Emission  designators  classify  and  symbolize  emission  types  by  alphanumeric  characters  denoting  the  type  of 

 modulation,  the  nature  of  the  signal  modulating  the  main  carrier,  and  the  type  of  information  to  be  transmitted. 
 See  47  C.  F.  R.    2.201. 

 60  Id. 

 61  Id. 
 62  See  Replacement  of  Part  90  by  Part  88  to  Revise  the  Private  Land  Mobile  Radio  Services  and  Modify  the 
 Policies  Governing  Them,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  92-235, 
 10  FCC  Rcd  10076,  10117    81  (1995). 

 63  47  C.  F.  R.    90.207,  90.210. 
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 2.  Station  Identification 
 20.  All  maritime  stations,  including  public  coast  stations,  must  provide  station  identification  64  at 
 the  beginning  and  end  of  each  radiotelephone  communication  with  any  other  station,  and  then  once  every 
 fifteen  minutes  in  between.  65  Maritel  notes  that  the  Commission  has  already  eliminated  and  streamlined  the 
 rules  governing  station  identification  requirements  for  other  CMRS  providers  in  instances  where  there  is  a 
 single  licensee  operating  on  a  particular  channel  in  a  Commission-  defined  service  area,  and  argues  that 
 VPC  licensees  should  receive  similar  treatment.  66  Specifically,  it  recommends  that  only  incumbent  site-specific 
 licensees  be  required  to  engage  in  station  identification.  67  It  contends  that  the  Commission  or  other 
 competent  authority  will  always  be  able  to  assume  that  the  use  of  a  particular  VPC  channel  will  occur  by 
 the  geographic  area  licensee,  unless  the  site-  specific  licensee  identifies  itself.  68  Maritel  adds  that,  in  the 
 case  of  any  coast  station  that  utilizes  digital  selective  calling  (DSC),  69  the  unique  coast  station  identification 
 will  automatically  be  transmitted,  70  so  active  station  identification  on  the  part  of  the  VPC  licensee  is  not 
 necessary  for  the  recipient  of  the  communication  to  know  with  what  station  it  is  communicating.  Finally, 
 Maritel  notes  that  the  Commission  has  decided  to  forbear  from  the  station  identification  requirements  for 
 AMTS,  another  Part  80  service.  71  We  seek  comment  on  Maritels  request.  Commenters  are  encouraged  to 
 address  whether  issues,  such  as  the  current  quantity  of  site-  based  VPC  stations  or  the  differences  between 
 the  VPC  and  AMTS  services,  72  render  VPC  distinguishable  from  those  services  where  the  Commission  no 
 longer  requires  station  identification  (e.  g.,  929-  930  MHz  nationwide  paging  licensees  or  EA-  based 
 specialized  mobile  radio  licensees).  73 

 64  Identification  generally  is  by  call  sign,  but  a  VPC  station  may  identify  by  either  the  approximate  geographic 
 location  of  the  station  or  the  area  it  serves  when  it  is  the  only  VPC  station  serving  the  location  or  there  will  be  no 
 conflict  with  the  identification  of  any  other  station.  47  C.  F.  R.    80.102(  a),  (e). 

 65  47  C.  F.  R.    80.102(  a).  When  public  correspondence  is  being  exchanged  with  a  ship  or  aircraft  station,  the 

 intermediate  identification  may  be  deferred  until  the  completion  of  the  communications.  47  C.  F.  R.   
 80.102(  a)(  2). 

 66  Maritel  Comments  at  11  (citing  Implementation  of  Sections  3(  n)  and  332  of  the  Communications  Act, 

 Memorandum  Opinion  and  Order  on  Reconsideration,  GN  Docket  No.  92-  252,  15  FCC  Rcd  6341,  6346-  47   
 13-  14  (2000)). 

 67  Maritel  Comments  at  11. 

 68  Id. 
 69  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.  See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  to  Implement  the  Global  Maritime 
 Distress  and  Safety  System  to  Improve  the  Safety  of  Life  at  Sea,  Report  and  Order,  7  FCC  Rcd  951,  952    4 
 (1992). 

 70  Maritel  Comments  at  10-  11. 

 71  See  Regionet  Wireless  License,  LLC,  Order,  15  FCC  Rcd  16119  (2000). 
 72  For  example,  AMTS  customers  use  equipment  that  is  compatible  with  only  one  AMTS  provider,  so  the  user 
 always  knows  from  whom  he  or  she  is  receiving  service.  Id.  at  16122    7.  This  is  not  true  with  respect  to  VPC 
 stations,  which  can  provide  service  to  any  vessel  within  their  service  area  that  carries  a  standard  VHF  radio. 

 73  47  C.  F.  R.    90.425(  e)(  1). 
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 D.  Miscellaneous  Issues 
 1.  Station  Documents 
 21.  Maritel  contends  that  compared  to  other  CMRS  providers,  public  coast  stations  are 
 overburdened  with  requirements  regarding  what  station  documents  need  to  be  maintained  and  displayed.  74 
 Maritel  recommends  that,  at  a  minimum,  the  Commission  should  allow  station  documents  to  be  maintained 
 electronically  at  a  licensees  primary  office  or  available  to  the  Commission  via  secured  access  to  the 
 licensees  Internet  web  site.  75  It  argues  that  the  Commissions  Rules  should  recognize  that  the  requirements 
 for  data  retention  can  be  satisfied  by  the  automatic  logging  capability  of  DSC-  compatible  systems.  76 
 Maritel  also  contends  that  the  Commission  requirement  to  post  a  current  station  authorization  or  a  copy  at 
 the  principal  control  point  of  each  station  77  is  burdensome  in  its  case  because  it  has  nine  geographic  area 
 licenses  each  of  which  can  cover  hundreds  of  transmitter  sites.  78  Therefore,  it  suggests  that  the  posting 
 requirement  be  limited  to  a  document  identifying  the  licensee,  where  the  license  is  maintained,  and  a 
 telephone  number  of  a  representative  of  the  licensee  that  may  be  contacted  to  answer  any  questions 
 regarding  the  operation  of  the  particular  transmitter.  79 

 22.  The  purpose  of  the  station  log  requirements  is  to  maintain  a  steady  record  of  equipment 
 performance  and  the  details  of  distress  communications.  80  Logs  relating  to  distress  communications  must 
 be  made  available  for  authorized  Commission  staff  and  be  retained  for  a  period  of  three  years.  81  Electronic 
 record  keeping,  as  Maritel  suggests,  may  offer  conveniences  for  both  the  VPC  licensee  and  the 
 Commission.  We  believe  that  electronic  record  keeping,  particularly  when  done  by  DSC-  compatible 
 systems,  minimizes  the  risk  of  inadvertent  data  entry  error.  82  Furthermore,  provision  of  such  information 
 via  secured  access  to  the  licensees  web  page  would  provide  the  Commission  with  quick  and  easy  access. 
 For  the  foregoing  reasons,  we  propose  to  adopt  Maritels  request  that  VPC  licensees  be  permitted  to 
 maintain  records  via  electronic  means.  83  To  the  extent  these  records  are  intended  to  be  used  only  by 
 Commission  staff  or  for  other  official  purposes,  we  tentatively  conclude  that  questions  of  accessibility  to 

 74  Maritel  Comments  at  12. 
 75  Id. 
 76  Id. 
 77  47  C.  F.  R.    80.405(  c). 
 78  Maritel  Comments  at  13. 
 79  Id. 
 80  See  47  C.  F.  R.    80.409(  c)(  3),  (7). 
 81  47  C.  F.  R.    80.405(  b)(  i). 
 82  We  note  that  automatic  logging  is  already  permitted  by  the  Commission  for  the  Aviation  Radio  Services.  See 
 47  C.  F.  R.    87.109;  see  also  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio 
 Service,  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  16  FCC  Rcd  19005,  19014-  15    17-  20 
 (2001). 

 83  Under  this  approach,  those  VPC  licensees  who  do  not  have  access  to  electronic  data  keeping  will  still  be 

 required  to  maintain  records  under  the  current  system. 
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 electronic  records  to  other  persons  or  entities  are  not  raised.  We  note,  however,  that  other  federal  agencies 
 have  occasion  to  inspect  station  logs.  For  example,  the  Coast  Guard  and  the  National  Transportation 
 Safety  Board  sometimes  refer  to  station  logs  as  part  of  their  accident  investigations.  Therefore,  in  addition 
 to  seeking  comment  on  our  proposal,  we  seek  comment  on  whether  electronic  record  keeping  would  be 
 sufficient  for  these  purposes.  We  also  seek  comment  on  whether  any  other  entities,  including  state  and 
 local  public  safety  organizations,  rely  on  these  records  and,  if  so,  whether  these  entities  would  find 
 electronic  records  adequate. 

 23.  The  intent  of  the  posting  requirement  is  to  provide  a  means  for  representatives  of  the 
 Commission  to  ensure  that  a  particular  station  is  authorized  to  use  the  equipment.  84  Because  there  may  be 
 many  stations  authorized  under  a  single  geographic  area  VPC  license,  it  may  be  appropriate  that  VPC 
 licensees  be  treated  slightly  different  from  individual  ship  station  licensees  with  regard  to  the  posting 
 requirement.  For  that  reason,  we  propose  to  adopt  Maritels  recommendation  because  we  believe  it  will 
 reduce  the  regulatory  burden  on  VPC  licensees  while  still  ensuring  that  the  vital  information  inherent  in  the 
 posting  requirement  (i.  e.,  location  of  the  license,  and  telephone  number  of  the  licensees  representative)  will 
 still  be  maintained  at  each  particular  station.  We  note  that  Part  90  private  land  mobile  radio  services  are 
 already  governed  by  the  type  of  posting  requirement  that  we  are  proposing  here.  85  We  seek  comment  on 
 our  proposal. 

 2.  Filing  Requirements 
 24.  In  the  CMRS  2nd  R&  O,  the  Commission  classified  all  public  coast  stations  as  CMRS 
 providers.  86  As  part  of  that  same  action,  the  Commission  exercised  forbearance  from  enforcing  the  tariff 
 filing  obligations  of  Section  203  of  the  Communications  Act  of  1934,  as  amended  (Act),  87  with  respect  to 
 most  domestic  CMRS  providers  because  it  viewed  CMRS  as  generally  competitive.  88  The  Commission 
 also  exercised  its  authority  to  forbear  from  Section  214  89  of  the  Act  with  respect  to  discontinuance  of 
 service.  90 

 25.  Based  on  these  Commission  decisions  to  forbear,  Maritel  recommends  that  Section  80.  95(  a)(  1) 
 of  the  Commissions  Rules  (  charges  must  not  be  made  for  service  provided  by  any  public  coast  station 
 unless  tariffs  for  the  service  are  on  file  with  the  Commission  91  )  be  amended  to  provide  that  public  coast 
 licensees  should  not  be  required  to  file  tariffs  for  domestic  services  and  for  international  services,  unless 
 there  is  an  affiliation  with  a  foreign  carrier.  92  Maritel  also  recommends  the  elimination  of  Section  80.  471 

 84  See  Second  Report  and  Order,  12  FCC  Rcd  at  17066    57. 

 85  47  C.  F.  R.    90.437. 
 86  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1448    83. 
 87  47  U.  S.  C.    203. 
 88  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1478    174. 
 89  47  U.  S.  C.    214. 
 90  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1480-  81    182;  47  U.  S.  C.    214(  a)  (  No  carrier  shall  discontinue  .  .  .  unless 
 and  until  there  shall  first  have  been  obtained  from  the  Commission  a  certificate  that  neither  the  present  nor  future 
 public  convenience  and  necessity  will  be  adversely  affected  thereby  ). 

 91  47  C.  F.  R.    80.95(  a)(  1). 

 92  Maritel  Comments  at  12. 
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 of  the  Commissions  Rules  (  a  public  coast  station  must  not  discontinue  or  impair  service  unless 
 authorized  to  do  so  by  the  Commission  93  ).  94  Maritel  argues  that  this  requirement  is  inconsistent  with  the 
 way  other  CMRS  licensees  are  treated.  95 

 26.  We  tentatively  conclude  that  we  should  decline  to  adopt  Maritels  recommendations  for  the 
 following  reasons.  The  Commission  generally  does  not  revise  its  service  rules  to  eliminate  requirements 
 from  which  it  is  forbearing.  We  note  that  what  Maritel  recommends  is  already  in  effect.  VHF  public  coast 
 stations  are  domestic  CMRS  providers,  96  which,  under  Section  20.  15  of  the  Commissions  Rules,  are  not 
 required  to  file  tariffs  or  submit  applications  for  discontinuance  of  existing  facilities.  97  Therefore,  pursuant 
 to  this  rule,  domestic  public  coast  licensees  are  being  treated  in  the  same  manner  as  other  CMRS  licensees. 
 Furthermore,  the  Part  80  rules  regarding  discontinuance  of  service  must  remain  in  effect  because  the 
 Commission  has  not  exercised  Section  214  forbearance  for  international  CMRS  providers,  such  as  high 
 seas  public  coast  stations.  98  Consequently,  we  propose  not  to  adopt  Maritels  recommendations,  but 
 instead  to  add  to  Sections  80.95  and  80.471  a  cross-  reference  to  Section  20.15. 

 IV.  PROCEDURAL  MATTERS 
 A.  Regulatory  Flexibility  Act 
 27.  Appendix  A  contains  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  with  respect  to  the 
 Fourth  Further  Notice  of  Proposed  Rule  Making.  As  required  by  the  Regulatory  Flexibility  Act,  99  the 
 Commission  has  prepared  the  analysis  of  the  possible  impact  on  small  entities  of  the  rules  and  proposed 
 rules  set  forth  in  this  document.  Written  public  comments  are  requested  on  the  IRFA.  These  comments 
 must  be  filed  in  accordance  with  the  same  filing  deadlines  as  comments  on  the  rest  of  the  Fourth  Further 
 Notice  of  Proposed  Rule  Making,  but  they  must  have  a  separate  and  distinct  heading  designating  them  as 
 responses  to  the  IRFA.  The  Commissions  Consumer  Information  Bureau,  Reference  Information  Center, 
 will  send  a  copy  of  this  Fourth  Further  Notice  of  Proposed  Rule  Making,  including  the  IRFA,  to  the  Chief 
 Counsel  for  Advocacy  of  the  Small  Business  Administration  in  accordance  with  the  Regulatory  Flexibility 
 Act. 

 B.  Paperwork  Reduction  Analysis 
 28.  This  Fourth  Further  Notice  of  Proposed  Rule  Making  contains  a  proposed  information 
 collection.  As  part  of  its  continuing  effort  to  reduce  paperwork  burdens,  we  invite  the  general  public  and 
 the  Office  of  Management  and  Budget  (OMB)  to  take  this  opportunity  to  comment  on  the  information 
 collections  contained  in  this  Fourth  Further  Notice  of  Proposed  Rule  Making,  as  required  by  the 

 93  47  C.  F.  R.    80.471. 
 94  Maritel  Comments  at  13. 
 95  Id. 
 96  See  47  C.  F.  R.    80.3(  f). 
 97  47  C.  F.  R.    20.15(  b)(  3),  (c). 
 98  See  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1464    126  n.  261  (did  not  propose  forbearance  for  international  CMRS), 
 1481    182  n.  369  (declined  to  propose  forbearance  for  international  CMRS). 
 99  See  5  U.  S.  C.    601,  et.  seq. 
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 Paperwork  Reduction  Act  of  1995,  Pub.  L.  No.  104-  13.  Public  and  agency  comments  are  due  at  the  same 
 time  as  other  comments  on  this  Fourth  Further  Notice  of  Proposed  Rule  Making;  OMB  comments  are  due 
 60  days  from  date  of  publication  of  this  Fourth  Further  Notice  of  Proposed  Rule  Making  in  the  Federal 
 Register.  Comments  should  address:  (a)  whether  the  proposed  collection  of  information  is  necessary  for  the 
 proper  performance  of  the  functions  of  the  Commission,  including  whether  the  information  shall  have 
 practical  utility;  (b)  the  accuracy  of  the  Commission's  burden  estimates;  (c)  ways  to  enhance  the  quality, 
 utility,  and  clarity  of  the  information  collected;  and  (d)  ways  to  minimize  the  burden  of  the  collection  of 
 information  on  the  respondents,  including  the  use  of  automated  collection  techniques  or  other  forms  of 
 information  technology. 

 C.  Ex  Parte  Rules  --  Permit-  But-  Disclose  Proceeding 
 29.  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  the  Commission's  rules.  100 

 D.  Comment  Dates 
 30.  Pursuant  to  Sections  1.415  and  1.419  of  the  Commission's  Rules,  interested  parties  may  file 
 comments  on  or  before  60  days  from  date  of  publication  of  this  Fourth  Further  Notice  of  Proposed  Rule 
 Making  in  the  Federal  Register,  and  reply  comments  on  or  before  90  days  from  date  of  publication  in  the 
 Federal  Register.  101  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System 
 (ECFS)  or  by  filing  paper  copies.  102  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  an  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. 

 31.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more 
 than  one  docket  or  rule  making  number  appear  in  the  caption  of  this  proceeding,  commenters  must  submit 
 two  additional  copies  for  each  additional  docket  or  rule  making  number.  All  filing  must  be  sent  to  the 
 Commissions  Secretary,  Magalie  Roman  Salas,  Office  of  the  Secretary,  Federal  Communications 
 Commission,  445  12th  Street,  S.  W.,  TW-  A325,  Washington,  D.  C.  20554.  Comments  and  reply  comments 
 will  be  available  for  public  inspection  during  regular  business  hours  in  the  FCC  Reference  Center  of  the 
 Federal  Communications  Commission,  445  Twelfth  Street,  S.  W.,  TW-  A306,  Washington,  D.  C.  20554. 

 32.  Written  comments  by  the  public  on  the  proposed  information  collections  are  due  60  days  from 
 date  of  publication  of  this  Fourth  Further  Notice  of  Proposed  Rule  Making  in  the  Federal  Register. 

 100  See  47  C.  F.  R.    1.1202,  1.1203,  1.1206. 
 101  47  C.  F.  R.    1.415,  1.419. 
 102  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  Report  and  Order,  GC  Docket  No.  97-  113, 
 13  FCC  Rcd  11322  (1998). 
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 16 
 Written  comments  must  be  submitted  by  the  Office  of  Management  and  Budget  (OMB)  on  the  proposed 
 information  collections  on  or  before  60  days  after  date  of  publication  in  the  Federal  Register.  In  addition  to 
 filing  comments  with  the  Secretary,  a  copy  of  any  comments  on  the  information  collections  contained  herein 
 should  be  submitted  to  Judy  Boley,  Federal  Communications  Commission,  Room  1-  C804,  445  Twelfth 
 Street,  S.  W.,  Washington,  DC  20554,  or  via  the  Internet  to  jboley@  fcc.  gov  and  to  Edward.  Springer, 
 OMB  Desk  Officer,  10236  NEOB,  725  -  17th  Street,  N.  W.,  Washington,  DC  20503  or  via  the  Internet  to 
 Edward.  Springer@  omb.  eop.  gov. 

 33.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette.  Such  a 
 submission  should  be  on  a  3.  5-  inch  diskette  formatted  in  an  IBM  compatible  format  using  Microsoft  Word 
 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  commenters  name,  proceeding  (including 
 the  lead  docket  number,  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  only  contain  the  partys  pleading,  preferably  in  a  single  electronic  file.  In 
 addition,  commenters  must  send  diskette  copies  to  the  Commissions  copy  contact,  International 
 Transcription  Service,  Inc.,  1231  20th  Street,  N.  W.,  Washington,  D.  C.  20037. 

 E.  Ordering  Clauses 
 34.  Authority  for  the  issuance  of  this  Fourth  Further  Notice  of  Proposed  Rule  Making  is 
 contained  in  Sections  4(  i),  4(  j),  7(  a),  302,  303(  b),  303(  f),  303(  g),  303(  r),  307(  e),  332(  a),  and  332(  c)  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  154(  j),  157(  a),  302,  303(  b),  303(  f), 
 303(  g),  303(  r),  307(  e),  332(  a),  and  332(  c). 

 35.  Accordingly,  IT  IS  ORDERED  that  NOTICE  IS  HEREBY  GIVEN  of  the  proposed  regulatory 
 changes  described  in  the  Fourth  Further  Notice  of  Proposed  Rule  Making  and  contained  in  Appendix  B. 

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

 F.  Contact  for  Information 
 37.  For  further  information,  contact  Keith  Fickner  of  the  Wireless  Telecommunications  Bureau, 
 Public  Safety  and  Private  Wireless  Division,  Policy  and  Rules  Branch,  at  (202)  418-  0680,  TTY  (202)  418- 
 7233,  or  via  e-  mail  to  kfickner@  fcc.  gov. 

 38.  Alternative  formats  (computer  diskette,  large  print,  audio  cassette,  and  Braille)  are  available  to 
 persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  7365,  or  via  e-  mail 
 to  bmillin@  fcc.  gov.  This  Fourth  Further  Notice  of  Proposed  Rule  Making  can  be  downloaded  at 
 http://  www.  fcc.  gov/  Wireless/  Orders/  2001/  fcc01358.txt. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Magalie  Roman  Salas 
 Secretary 
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 A-  1 
 APPENDICES 
 APPENDIX  A    INITIAL  REGULATORY  FLEXIBILITY  ANALYSIS  (for  Fourth  Further  Notice  of  Proposed  Rule  Making) 

 As  required  by  the  RFA,  1  the  Commission  has  prepared  this  present  IRFA  of  the  possible  significant  economic  impact  on  small  entities  of  the  policies  and  rules  proposed  in  the  Fourth  Further 
 Notice  of  Proposed  Rule  Making.  Written  public  comments  are  requested  on  this  IRFA.  Comments  must 
 be  identified  as  responses  to  the  IRFA  and  must  be  filed  by  the  deadlines  for  comments  on  the  Fourth  Further  Notice  of  Proposed  Rule  Making  provided  in  paragraph  30  of  the  item.  The  Commission  will  send 

 a  copy  of  the  Fourth  Further  Notice  of  Proposed  Rule  Making,  including  this  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration.  See  5  U.  S.  C.    603(  a).  In  addition,  the  Fourth 
 Further  Notice  of  Proposed  Rule  Making  and  IRFA  (or  summaries  thereof)  will  be  published  in  the 
 Federal  Register.  See  id. 

 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules: 
 Our  objective  is  to  determine  whether  it  is  in  the  public  interest,  convenience,  and  necessity  to  provide  VHF  public  coast  stations  with  additional  flexibility  and  to  improve  the  stations  efficiency  as  well. 
 These  proposals  include  (1)  allowing  the  Coast  Guard  and  VHF  public  coast  licensees  to  have  the  additional  flexibility  to  choose  non-  offset,  as  well  as  offset,  channel  pairs  when  negotiating  an  agreement 
 regarding  the  specification  of  two  narrowband  channel  pairs  that  will  be  used  by  the  Coast  Guard  for  its  Ports  and  Waterways  Safety  System,  (2)  establishing  emission  masks  and  designators  that  will 
 accommodate  the  full  range  of  data  services  that  may  be  provided  by  VHF  public  coast  licensees,  (3)  extending  tariff  forbearance  to  public  coast  licensees,  and  (4)  allowing  public  coast  stations  to  maintain 
 station  documents  via  electronic  means. 
 B.  Legal  Basis: 
 Authority  for  issuance  of  this  item  is  contained  in  Sections  4(  i),  4(  j),  7(  a),  302,  303(  b),  303(  f),  303(  g),  303(  r),  307(  e),  332(  a),  and  332(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.   
 154(  i),  154(  j),  157(  a),  302,  303(  b),  303(  f),  303(  g),  303(  r),  307(  e),  332(  a),  and  332(  c). 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  the  Proposed  Rules  Will  Apply: 

 The  RFA  directs  agencies  to  provide  a  description  of  and,  where  feasible,  an  estimate  of  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  2  The  RFA  generally 
 defines  the  term  "small  entity"  as  having  the  same  meaning  as  the  terms  "small  business,"  "small  organization,"  and  "small  governmental  jurisdiction.  3  In  addition,  the  term  "small  business"  has  the  same 
 meaning  as  the  term  "small  business  concern"  under  the  Small  Business  Act.  4  A  small  business  concern  is 

 1  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601  et.  seq.,  has  been  amended  by  the  Contract  With  America 
 Advancement  Act  of  1996,  Pub.  L.  No.  104-  121,  110  Stat.  847  (1996)  (CWAAA).  Title  II  of  the  CWAAA  is  the 
 Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996  (SBREFA). 

 2  5  U.  S.  C.    603(  b)(  3). 

 3  5  U.  S.  C.    601(  6). 
 4  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  "small  business  concern"  in  15  U.  S.  C.    632). 
 Pursuant  to  the  RFA,  the  statutory  definition  of  a  small  business  applies  "unless  an  agency,  after  consultation 
 with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment, 
 (continued.) 
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 A-  2 
 one  which:  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  5 
 The  proposed  rules  would  affect  licensees  using  AMTS  and  high  seas  public  coast  spectrum.  In  the  Third  Report  and  Order  in  this  proceeding,  the  Commission  defined  the  term  "small  entity"  specifically 
 applicable  to  public  coast  station  licensees  as  any  entity  employing  less  than  1,500  persons,  based  on  the  definition  under  the  Small  Business  Administration  rules  applicable  to  radiotelephone  service  providers. 
 See  Amendment  of  the  Commission's  Rules  Concerning  Maritime  Communications,  Third  Report  and 
 Order  and  Memorandum  Opinion  and  Order,  13  FCC  Rcd  19853,  19893  (1998)  (citing  13  C.  F.  R.   
 121.201,  Standard  Industrial  Classification  (SIC)  Code  4812,  now  NAICS  Code  513322).  Since  the  size  data  provided  by  the  Small  Business  Administration  does  not  enable  us  to  make  a  meaningful  estimate  of 

 the  number  of  public  coast  station  licensees  that  are  small  businesses,  we  have  used  the  1992  Census  of  Transportation,  Communications,  and  Utilities,  conducted  by  the  Bureau  of  the  Census,  which  is  the  most 
 recent  information  available.  This  document  shows  that  12  radiotelephone  firms  out  of  a  total  of  1,  178  such  firms  which  operated  in  1992  had  1,000  or  more  employees.  Thus,  we  estimate  that  no  fewer  than 
 1,166  small  entities  will  be  affected.  Any  entity  that  is  capable  of  providing  radiotelephone  service  is  eligible  to  hold  a  public  coast  license.  Therefore,  we  seek  comment  on  the  number  of  small  entities  that 
 use  VHF  public  coast  spectrum  and  the  number  of  small  entities  that  are  likely  to  apply  for  licenses  under  the  various  proposals  described  herein. 

 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements: 
 This  Fourth  Further  Notice  of  Proposed  Rule  Making  neither  proposes  nor  anticipates  any 
 additional  reporting,  recordkeeping  or  other  compliance  measures. 

 E.  Steps  Taken  to  Minimize  Significant  Economic  Impact  on  Small  Entities  and  Significant  Alternatives  Considered: 

 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  reaching  its  proposed  approach,  which  may  include  the  following  four  alternatives:  (1)  the  establishment  of 
 differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or  reporting 
 requirements  under  the  rule  for  small  entities;  (3)  the  use  of  performance,  rather  than  design,  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  small  entities. 

 The  Fourth  Further  Notice  of  Proposed  Rule  Making  solicits  comment  on  a  variety  of  alternatives  set  forth  herein.  For  example,  the  Commission  seeks  comment  on  its  proposal  to  relax  for  all  entities, 
 including  small  entities,  the  current  license  posting  requirement  in  order  to  reduce  the  regulatory  burden.  The  Commission  also  seeks  to  reduce  the  regulatory  burden  of  all  entities,  including  small  entities,  by 
 permitting  the  maintenance  of  records  via  electronic  means.  It  also  seeks  comment  on  the  proposal  of  Maritel,  Inc.  that  the  Commission  no  longer  require  geographic  licensees,  including  those  that  are  small 
 entities,  to  provide  station  identification.  Any  significant  alternative  presented  in  the  comments  will  be  considered. 

 (Continued  from  previous  page) 
 establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and 
 publishes  such  definition(  s)  in  the  Federal  Register."  5  U.  S.  C.    601(  3). 

 5  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
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 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  with  the  Proposed  Rules: 
 None. 
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 Federal  Communications  Commission  FCC  01-  358 
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 APPENDIX  B  -  PROPOSED  RULES 
 Chapter  I  of  Title  47  of  the  Code  of  Federal  Regulations,  Part  80  is  proposed  to  be  amended  as 
 follows: 

 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.  95(  a)  is  amended  to  read  as  follows: 
   80.95  Message  charges. 
 (a)  Except  as  specified  in    20.  15(  c)  of  this  chapter  with  respect  to  commercial  mobile  radio 
 service  providers,  charges  must  not  be  made  for  service  of: 

 *  *  *  *  * 
 3.  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 
 Radiotelegraphy: 
 100-  160  kHz.................... 
 1.  405-  525  kHz.................... 
 1605-  27500  kHz: 
 2.  Manual.................... 
 3.  DSC........................ 
 4.  NB-  DP  14  .................. 
 5.  Facsimile.................. 
 6.  156-  162  MHz  2  ................. 
 7.  DSC........................ 
 8.  216-  220  MHz  3  ................ 
 9.  1626.5-  1646.5  MHz.............. 
 Radiotelephony: 
 10.  1605-  27500  kHz  5  .............. 
 11.  27.5-  470  MHz  6  ................ 
 12.  1626.5-  1646.5  MHz.............. 

 A1A 
 A1A,  J2A 

 A1A,  J2A 
 F1B,  J2B 
 F1B,  J2B 
 F1C,  F3C,  J2C,  J3C 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D 
 G2B 
 F1B,  F2B,  F2C,  F3C 
 (  4  ) 

 H3E,  J3E,  R3E 
 G3D,  G3E 
 (  4  ) 
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 Radiodetermination: 
 13.  285-  325  kHz  7  ................. 
 405-  525  kHz  (Direction  Finding)  8 
 154-  459  MHz  12  ................ 

 2.  4-  9.  5  GHz.................... 
 14.  00-  14.  05  GHz................ 

 A1A,  A2A 
 A3N,  H3N,  J3N,  NON 

 A1D,  A2D,  F1D,  F2D,  G1D,  G2D 
 PON 
 F3N 

 Land  Stations  1 
 Radiotelegraphy: 
 100-  160  kHz.................... 
 405-  525  kHz.................... 
 1605-  2850  kHz: 
 Manual..................... 
 Facsimile.................. 
 Alaska--  Fixed.............. 
 4000-  27500  kHz: 
 Manual..................... 
 DSC........................ 
 NB-  DP  14  .................. 
 Facsimile.................. 
 Alaska--  Fixed.............. 
 72-  76  MHz...................... 
 156-  162  MHz  2,  15  ................. 
 DSC.......................... 
 216-  220  MHz  3  ................. 
 Radiotelephony: 
 1605-  27500  kHz................. 
 72-  76  MHz...................... 
 156-  470  MHz.................... 
 Radiodetermination: 
 2.  4-  9.  6  GHz.................... 
 Distress,  Urgency  and  Safety  8,  9 
 500  kHz  10  .................... 
 2182  kHz  10,  11  ............... 

 8364  kHz....................... 
 121.500  MHz.................... 
 123.100  MHz.................... 
 156.750  and  156.800  MHz  13  .... 
 243.000  MHz.................... 
 406.025  MHz.................... 

 A1A 
 A1A,  J2A 

 A1A,  J2A 
 F1C,  F3C,  J2C,  J3C 
 A1A,  J2A 

 A1A,  J2A 
 F1B,  J2B 
 F1B,  J2B 
 F1C,  F3C,  J2C,  J3C 
 A1A,  A2A,  F1B,  F2B 
 A1A,  A2A,  F1B,  F2B 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D 
 G2B 
 F1B,  F2B,  F2C,  F3C 

 H3E,  J3E,  R3E 
 A3E,  F3E,  G3E 
 G3E 

 PON 
 A2A  and  A2B  or  H2A  and  H2B 
 A2B,  A3B,  H2B,  H3E,  J2B,  and 
 J3E 
 A2A,  H2A 
 A3E,  A3X,  N0N 
 A3E 
 G3E,  G3N 
 A3E,  A3X,  N0N 
 G1D 

 1  Excludes  distress,  EPIRBs,  survival  craft,  and  automatic  link  establishment. 
 2  Frequencies  used  for  public  correspondence  and  in  Alaska  156.425  MHz.  See    80.371(  c), 

 80.373(  f)  and  80.385(  b).  Transmitters  approved  before  January  1,  1994,  for  G3E  emissions  will 
 be  authorized  indefinitely  for  F2C,  F3C,  F1D  and  F2D  emissions.  Transmitters  approved  on  or 
 after  January  1,  1994,  will  be  authorized  for  F2C,  F3C,  F1D  or  F2D  emissions  only  if  they  are 
 approved  specifically  for  each  emission  designator. 
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 3  Frequencies  used  in  the  Automated  Maritime  Telecommunications  System  (AMTS).  See   
 80.385(  b).  4 
 Types  of  emission  are  determined  by  the  INMARSAT  Organization.  5 
 Transmitters  approved  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.  6 
 G3D  emission  must  be  used  only  by  one-  board  stations  for  maneuvering  or  navigation.  7 
 Frequencies  used  for  cable  repair  operations.  See    80.375(  b).  8 
 For  direction  finding  requirements  see    80.375.  9 
 Includes  distress  emissions  used  by  ship,  coast,  EPIRB's  and  survival  craft  stations.  10 
 On  500  kHz  and  2182  kHz  A1B,  A2B,  H2B  and  J2B  emissions  indicate  transmission  of  the 
 auto  alarm  signals.  11 
 Ships  on  domestic  voyages  must  use  J3E  emission  only.  12 
 For  frequencies  154.585  MHz,  159.480  MHz,  160.725  MHz,  160.785  MHz,  454.000  MHz 
 and  459.000  MHz,  authorized  for  offshore  radiolocation  and  related  telecommand  operations.  13 
 Class  C  EPIRB  stations  may  not  be  used  after  February  1,  1999.  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).  15 
 If  a  station  uses  another  type  of  digital  emission,  it  must  comply  with  the  emission  mask 
 requirements  of    90.210. 

 *  *  *  *  * 
 4.  Section  80.213  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 
   80.213  Modulation  requirements. 
 *  *  *  *  * 
 (d)  Ship  and  coast  station  transmitters  operating  in  the  156-  162  MHz  and  216-  220  bands  must  be 
 capable  of  proper  operation  with  a  frequency  deviation  that  does  not  exceed  +/-  5  kHz  when  using  any 
 emission  authorized  by  80.207. 

 *  *  *  *  * 
 5.  Section  80.302(  a)  is  amended  to  read  as  follows: 
   80.302  Notice  of  discontinuance,  reduction,  or  impairment  of  service  involving  a  distress 
 watch. 

 (a)  When  changes  occur  in  the  operation  of  a  public  coast  station  which  include  discontinuance, 
 reduction,  suspension,  or  relocation  of  a  watch  required  to  be  maintained  on  500  kHz,  2182  kHz,  or 
 156.800  MHz,  notification  must  be  made  by  the  licensee  to  the  nearest  district  office  of  the  U.  S.  Coast 
 Guard  as  soon  as  practicable.  The  notification  must  include  the  estimated  or  known  resumption  time  of  the 
 watch. 

 *  *  *  *  * 
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 6.  Section  80.371  is  amended  by  revising  paragraphs  (c)(  1)(  ii),  (c)(  1)(  iii),  and  (c)(  3)  to  read 
 as  follows: 

   80.371  Public  correspondence  frequencies. 
 *  *  *  *  * 
 (c)  *  *  * 
 (1)  *  *  *  *  * 
 (ii)  Service  areas  in  the  marine  VHF  156-  162  MHz  band  are  VHF  Public  Coast  Station  Areas 
 (VPCSAs).  As  listed  in  the  table  in  this  paragraph,  VPCSAs  are  based  on,  and  composed  of  one  or  more 
 of,  the  U.  S.  Department  of  Commerce's  172  Economic  Areas  (EAs).  See  60  FR  13114  (March  10,  1995). 
 In  addition,  the  Commission  shall  treat  Guam  and  the  Northern  Mariana  Islands,  Puerto  Rico  and  the 
 United  States  Virgin  Islands,  American  Samoa,  and  the  Gulf  of  Mexico  as  EA-  like  areas,  and  has  assigned 
 them  EA  numbers  173-  176,  respectively.  Maps  of  the  EAs  and  VPCSAs  are  available  for  public  inspection 
 and  copying  at  the  FCC  Public  Reference  Room,  Room  CY-  A257,  445  12th  Street,  S.  W.,  Washington, 
 D.  C.  20554.  Except  as  shown  in  the  table,  the  frequency  pairs  listed  in  paragraph  (c)(  1)(  i)  of  this  section 
 are  available  for  assignment  to  a  single  licensee  in  each  of  the  VPCSAs  listed  in  the  table  in  this  paragraph. 
 In  addition  to  the  listed  EAs  listed  in  the  table  in  this  paragraph,  each  VPCSA  also  includes  the  adjacent 
 waters  under  the  jurisdiction  of  the  United  States. 

 (iii)  Subject  to  paragraph  (c)(  3)  of  this  section,  each  licensee  may  also  operate  on  12.  5  kHz  offset 
 frequencies  in  areas  where  the  licensee  is  authorized  on  both  frequencies  adjacent  to  the  offset  frequency, 
 and  in  areas  where  the  licensee  on  the  other  side  of  the  offset  frequency  consents  to  the  licensee's  use  of  the 
 adjacent  offset  frequency.  Coordination  with  Canada  is  required  for  offset  operations  under  any 
 circumstance  in  which  operations  on  either  adjoining  25  kHz  channel  would  require  such  coordination.  See 
   80.57  of  this  part. 

 *  *  *  *  * 
 (3)  VPCSA  licensees  may  not  operate  on  Channel  228B  (162.0125  MHz),  which  is  available  for 
 use  in  the  Coast  Guards  Ports  and  Waterways  Safety  System  (PAWSS).  In  addition,  within  six  months  of 
 the  conclusion  of  the  competitive  bidding  procedures  to  determine  the  licensees  in  each  VPCSA,  the  U.  S. 
 Coast  Guard  shall  submit  to  each  licensee  of  VPCSAs  1-  9  a  plan  specifying  up  to  two  channel  pairs  for  use 
 in  the  PAWSS.  The  final  selection  of  the  PAWSS  channel  pairs  can  be  negotiated  (if  the  VPCSA  licensee 
 objects  to  the  Coast  Guard  proposal,  it  shall  make  a  counterproposal  within  three  months)  and  established 
 by  an  agreement  between  the  parties.  All  parties  are  required  to  negotiate  in  good  faith.  If  no  agreement  is 
 reached  within  one  year  of  the  date  the  Coast  Guard  submitted  its  plan,  the  Coast  Guard  may  petition  the 
 Commission  to  select  up  to  two  channel  12.  5  kHz  narrowband  pairs  offset  from  the  channels  set  forth  in 
 the  table  in  paragraph  (c)(  1)(  i)  of  this  section  for  use  in  the  PAWSS.  The  Wireless  Telecommunications 
 Bureau  shall  announce  the  selection  of  the  PAWSS  channel  pairs  by  Public  Notice. 

 *  *  *  *  * 
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 7.  Section  80.405  is  amended  by  redesignating  paragraph  (c)  as  (c)(  1)  and  adding  new 
 paragraph  (c)(  2)  to  read  as  follows: 

   80.405  Station  license. 
 *  *  *  *  * 
 (c)  Posting. 
 (1)  The  current  station  authorization  for  a  station  other  than  a  public  coast  station,  or  a  clearly 
 legible  copy,  must  be  posted  at  the  principal  control  point  of  each  station.  If  a  copy  is  posted,  it  must 
 indicate  the  location  of  the  original.  When  the  station  license  cannot  be  posted  as  in  the  case  of  a  marine 
 utility  station  operating  at  temporary  unspecified  locations  or  the  ship  or  recreational  boat  does  not  have  an 
 enclosed  wheelhouse,  it  must  be  kept  where  it  will  be  readily  available  for  inspection.  The  licensee  of  a 
 station  on  board  a  ship  subject  to  Part  II  or  III  or  Title  III  of  the  Communications  Act  or  the  Safety 
 Convention  must  retain  the  most  recently  expired  ship  station  license  in  the  station  records  until  the  first 
 Commission  inspection  after  the  expiration  date. 

 (2)  Public  coast  stations  authorized  under  this  part  must  make  available  either  a  clearly  legible 
 copy  of  the  authorization  for  each  station  at  the  principal  control  point  of  the  station  or  an  address  or 
 location  where  the  current  authorization  may  be  found  and  a  telephone  number  of  that  authorizations 
 representative. 

 *  *  *  *  * 
 8.  Section  80.409  is  amended  by  revising  paragraphs  (b)(  2)  and  (c)  to  read  as  follows: 
   80.409  Station  logs. 
 *  *  *  *  * 
 (b)  *  *  * 
 (2)  Logs  containing  entries  required  by  paragraph  (c)  of  this  section  must  be  kept  either  at  the 
 principal  control  point  of  the  station  or  electronically  filed  at  the  station  licensees  primary  office  or 
 available  to  the  Commission  via  secured  access  to  the  licensees  Internet  web  site.  Logs  containing  entries 
 required  by  paragraphs  (e)  and  (f)  of  this  section  must  be  kept  at  the  principal  radiotelephone  operating 
 location  while  the  vessel  is  being  navigated.  All  entries  in  their  original  form  must  be  retained  on  board  the 
 vessel  for  at  least  30  days  from  the  date  of  entry.  Additionally,  logs  required  by  paragraph  (f)  of  this 
 section  must  be  retained  on  board  the  vessel  for  a  period  of  2  years  from  the  date  of  the  last  inspection  of 
 the  ship  radio  station. 

 (c)  Public  coast  station  logs.  Public  coast  stations  must  maintain  a  log,  whether  by  means  of 
 written  or  automatic  logging  or  a  combination  thereof.  The  log  must  contain  the  following  information: 

 *  *  *  *  * 
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 9.  Section  80.471  is  amended  to  read  as  follows: 
   80.471  Discontinuance  or  impairment  of  service. 
 Except  as  specified  in    20.  15(  b)(  3)  of  this  chapter  with  respect  to  commercial  mobile  radio 
 service  providers,  a  public  coast  station  must  not  discontinue  or  impair  service  unless  authorized  to  do  so 
 by  the  Commission. 

 *  *  *  *  * 
26