*Pages 1--4 from  Microsoft Word - 43521.doc*
 Federal  Communications  Commission  DA  04-  3408 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Part  80  of  the  Commissions  Rules  Concerning  Use  of  Frequency  156.575  MHz  for 
 Port  Operations  Communications  in  Puget  Sound 


 )  ) 
 )  ) 
 ) 


 ORDER 
 Adopted:  October  26,  2004  Released:  October  28,  2004 
 By  the  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau: 
 1.  By  this  Order,  pursuant  to  delegated  authority,  we  amend  Section  80.373(  f)  of  the  Commissions  Rules  1  to  make  VHF  marine  Channel  71  (156.575  MHz)  available  for  intership  port 
 operations  communications  in  Puget  Sound,  the  Straits  of  Juan  de  Fuca,  and  the  approaches  thereto.  This  amendment  will  allow  the  vessel  traffic  in  Puget  Sound  to  be  managed  more  efficiently  and  will  protect 
 the  marine  environment  by  preventing  vessel  collisions  and  groundings. 
 2.  Background.  In  2000,  the  Commission  amended  Section  0.  331  2  of  its  Rules  to  delegate  authority  to  the  Wireless  Telecommunications  Bureau  (Bureau)  to  designate,  by  footnote  to  the  frequency 


 table  in  Section  80.373(  f),  frequencies  available  for  intership  port  operations  communications  3  in  defined  port  areas.  4  In  that  Report  and  Order,  the  Commission  indicated  that  it  was  authorizing  the  Bureau  to  act 
 on  requests  from  the  United  States  Coast  Guard  (Coast  Guard)  to  make  frequencies  available  for  intership  communications  related  to  port  operations  in  order  to  alleviate  communications  congestion  related  to  such 
 port  operations.  5 
 3.  On  March  12,  2004,  the  Coast  Guard  submitted  a  request  to  the  Bureaus  Public  Safety  and  Critical  Infrastructure  Division  recommending  that  VHF  marine  Channel  71  be  authorized  for  use  by  the 


 Puget  Sound  Pilots  for  intership  port  operations  communications  at  a  normal  power  of  one  watt  (exceptionally  ten  watts)  in  Puget  Sound,  the  Straits  of  Juan  de  Fuca,  and  the  approaches  thereto.  6  Enclosed 
 was  a  letter  from  the  Puget  Sound  Pilots  asking  the  Coast  Guard  to  request  that  the  Commission  designate  VHF  marine  Channel  71  as  a  port  operations  channel  in  the  area  under  the  jurisdiction  of  the  Captain  of  the 


 1  47  C.  F.  R.    80.  373(  f). 
 2  47  C.  F.  R.    0.331. 
 3  Port  operations  communications  are  communications  in  or  near  a  port,  in  locks  or  in  waterways  between  coast 
 stations  and  ship  stations  or  between  ship  stations,  which  relate  to  the  operational  handling,  movement  and  safety  of  ships  and  in  emergency  to  the  safety  of  persons.  47  C.  F.  R.    80.  5. 


 4  See  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,  Report  and  Order,  WT  Docket  No.  99-  332,  15  FCC  Rcd  11302  (2000). 


 5  Id.  at  11304-  05    8-  10. 
 6  See  Letter  dated  March  12,  2004,  from  J.  D.  Hersey,  Jr.,  Chief,  Spectrum  Management  Division,  U.  S.  Coast  Guard 
 to  Dwana  R.  Terry,  Chief,  Public  Safety  and  Critical  Infrastructure  Division  (Coast  Guard  Letter). 
1
 Federal  Communications  Commission  DA  04-  3408 
 2 
 Port  Puget  Sound,  with  its  use  limited  to  intership  communications  with  pilots  regarding  the  movement  and  docking  of  ships  at  a  normal  power  of  one  watt.  7  The  Coast  Guard  also  enclosed  letters  from  the  North 
 Pacific  Marine  Radio  Council  (NPMRC),  8  the  Puget  Sound  Harbor  Safety  and  Security  Committee  (PSHSSC),  9  the  Recreational  Boating  Association  of  Washington  (RBAW),  10  and  the  Captain  of  the  Port 
 Puget  Sound,  11  all  concurring  with  the  request. 
 4.  Discussion.  We  agree  with  the  Coast  Guard  that  the  proposed  designation  will  enhance  maritime  safety  in  this  busy  waterway.  12  In  this  type  of  environment,  harbor  pilots  rely  upon  clear  and 


 effective  radio  communications  with  tugs  to  help  ensure  the  safe  ingress  and  egress  of  large  vessels.  13  The  parties  assert  that  there  is  a  critical  need  for  an  additional  VHF  channel  for  communications  between 
 large  commercial  vessels,  tankers  and  other  vessels  carrying  hazardous  cargoes,  and  pilots  and  tugs  in  the  Vessel  Traffic  Service  Puget  Sound  (VTS  Puget  Sound).  14  They  note  that  the  only  frequency  dedicated  to 
 intership  communications  related  to  port  operations,  VHF  marine  Channel  77  (156.  875  MHz),  15  is  frequently  congested.  16  Congestion  is  intensified  by  the  Canadian  use  of  this  channel  for  ship  movement 
 and  docking  at  Delta  Port,  British  Columbia,  near  the  northern  border  of  VTS  Puget  Sound.  17 
 5.  The  parties  submit  that  VHF  marine  Channel  71,  which  currently  is  designated  for  noncommercial  intership  and  ship-  to-  coast  use,  18  is  a  good  candidate  for  a  port  operations  channel 


 because  it  carries  very  little  recreational  traffic,  even  during  the  summer  months.  19  RBAW  agrees  that 


 7  Letter  dated  Feb.  1,  2004  from  Captain  William  A.  Bock,  Puget  Sound  Pilots,  to  Commandant,  United  States  Coast 
 Guard  (Puget  Sound  Pilots  Letter). 
 8  Letter  dated  Feb.  1,  2004  from  George  B.  Hall,  President,  North  Pacific  Marine  Radio  Council,  to  Commandant, 
 United  States  Coast  Guard  (NPMRC  Letter).  NPRMC  is  the  recognized  frequency  coordinator  for  VHF  private  coast  stations  in  the  Puget  Sound  area.  See  47  C.  F.  R.    80.514(  b). 


 9  Letter  dated  Feb.  1,  2004  from  Bruce  Reed,  Chairman,  Puget  Sound  Harbor  Safety  and  Security  Committee,  to 
 Commandant,  United  States  Coast  Guard  (PSHSSC  Letter).  PSHSSC  is  a  committee  of  public  and  private  members  involved  in  the  efficient  use  of  the  Puget  Sound  and  adjacent  waters.  Id. 


 10  Letter  dated  Feb.  1,  2004  from  B.  J.  Ursin,  President,  Recreational  Boating  Association  of  Washington,  to 
 Commandant,  United  States  Coast  Guard  (RBAW  Letter).  RBAW  represents  the  interests  of  recreational  boaters  on  legislative  and  regulatory  matters  affecting  the  quality,  safety,  and  cost  of  boating  in  the  Northwest.  Id. 


 11  Letter  dated  Feb.  1,  2004  from  Captain  D.  Ellis,  United  States  Coast  Guard,  to  George  Hall,  North  Pacific  Marine 
 Radio  Council  (Ellis  Letter).  12 
 See  Coast  Guard  Letter  at  1.  13 
 See  Puget  Sound  Pilots  Letter  at  1.  14 
 See  Puget  Sound  Pilots  Letter  at  1-  2;  NPMRC  Letter  at  1;  Ellis  Letter  at  1. 
 15  See  47  C.  F.  R.    80.373(  f). 
 16  See  Puget  Sound  Pilots  Letter  at  1;  NPMRC  Letter  at  1;  PSHSSC  Letter  at  1;  RBAW  Letter  at  1;  Ellis  Letter  at  1. 


 17  See  Puget  Sound  Pilots  Letter  at  1. 
 18  See  47  C.  F.  R.    80.373(  f).  Noncommercial  communications  are  communication  between  coast  stations  and  ship 
 stations  other  than  commercial  transport  ships,  or  between  ship  stations  aboard  other  than  commercial  transport  ships,  which  pertain  to  the  needs  of  the  ship. 


 19  See  Puget  Sound  Pilots  Letter  at  1;  NPMRC  Letter  at  1. 
2
 Federal  Communications  Commission  DA  04-  3408 
 3 
 recreational  vessels  have  sufficient  other  channels  to  meet  their  VHF  communication  needs.  20 
 6.  Based  on  the  foregoing,  we  hereby  amend  the  frequency  table  in  Section  80.373(  f)  to  make  VHF  marine  Channel  71  available  for  intership  port  operations  communications  in  Puget  Sound,  the 


 Straits  of  Juan  de  Fuca,  and  the  approaches  thereto.  The  normal  output  power  must  not  exceed  one  watt,  and  the  maximum  output  power  must  not  exceed  ten  watts.  This  action  will  allow  more  efficient 
 management  of  vessel  traffic  in  the  area,  thereby  increasing  navigational  safety  and  protecting  the  marine  environment  in  this  busy  port. 


 7.  We  will  permit  private  coast  stations  currently  authorized  to  operate  on  VHF  marine  Channel  71  within  VTS  Puget  Sound  21  to  continue  operation  until  the  end  of  their  current  license  term  on 
 a  non-  interference  basis.  NPMRC  has  contacted  the  owners  of  these  stations,  and  they  have  agreed  to  change  to  another  appropriate  frequency.  22  Bureau  staff  will  assist  affected  licensees  in  finding  suitable 
 alternative  channels.  No  fee  will  be  charged  for  affected  stations  that  request  an  alternative  channel  before  their  next  license  renewals. 


 8.  Finally,  Puget  Sound  Pilots  also  request  that  VHF  marine  Channel  76  (156.825  MHz),  which  recently  was  designated  for  port  operations  communications,  23  be  limited  to  intership 
 communications  with  pilots  regarding  the  movement  and  docking  of  ships.  24  The  Coast  Guard,  however,  did  not  support  this  request.  25  We  agree  with  the  Coast  Guard  and  do  not  believe  that  it  is  necessary  to  so 
 limit  the  use  of  Channel  76.  We  believe  that  in  redesignating  Channels  75  (156.775  MHz)  and  76,  the  Commission  (which  acted  after  Puget  Sound  Pilots  submitted  their  request  to  the  Coast  Guard)  addressed 
 the  needs  for  additional  spectrum  for  navigation-  related  port  operation  communications.  Therefore,  we  will  not  amend  our  rules  to  limit  such  communications. 


 9.  Ordering  Clause.  Accordingly,  IT  IS  ORDERED,  that  pursuant  to  the  authority  contained  in  Sections  4(  i)  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C. 
   154(  i),  303(  r),  and  Section  0.331  of  the  Commissions  Rules,  47  C.  F.  R.    0.331,  Part  80  of  the  Commission's  Rules  IS  AMENDED  as  set  forth  in  Appendix  A,  effective  thirty  days  after  publication  in 
 the  Federal  Register. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Michael  J.  Wilhelm,  Chief  Public  Safety  and  Critical  Infrastructure  Division 
 Wireless  Telecommunications  Bureau 


 20  RBAW  Letter  at  1. 
 21  Stations  WHX629,  WQB474,  and  WQZ422. 
 22  NPMRC  Letter  at  1. 
 23  See  Amendment  of  Parts  13  and  80  of  the  Commission's  Rules  Concerning  Maritime  Communications,  Second 
 Report  and  Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  48,  PR  Docket  No.  92-  257,  19  FCC  Rcd  3120,  3134    25  (2004). 


 24  See  Puget  Sound  Pilots  Letter  at  2. 
 25  See  Coast  Guard  Letter  at  1. 
3
 Federal  Communications  Commission  DA  04-  3408 
 4 
 APPENDIX  A 
 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  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. 


 2.  Section  80.373  is  amended  by  adding  new  footnote  19  to  the  table  in  paragraph  (f)  to  read  as  follows: 
   80.373  Private  communications  frequencies. 
 *  *  *  *  * 
 (f)  Frequencies  in  the  156-  162  MHz  band.  *  *  * 
 Frequencies  in  the  156-  162  MHz  band 
 Carrier  frequency  (MHz) 
 Channel  designator  Ship  transmit  Coast  transmit  Points  of  communication 
 (Intership  and  between  coast  and  ship  unless 
 otherwise  indicated)  *  *  * 


 Noncommercial 
 *  *  *  69................................ 
 71  \19\.........................  72................................ 
 *  *  * 


 *  *  *  156.475 
 156.575  156.625 
 *  *  * 


 *  *  *  156.475 
 156.575  ........ 
 *  *  * 


 *  *  * 
 Intership  only.  *  *  * 
 *  *  * 
 \19\  156.575  MHz  is  available  for  port  operations  communications  use  only  within  the  U.  S.  Coast  Guard  designated  VTS  radio  protection  area  of  Seattle  (Puget  Sound)  described  in    80.383. 
 Normal  output  power  must  not  exceed  1  watt.  Maximum  output  power  must  not  exceed  10  watts. 
 *  *  *  *  * 
4