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 Federal  Communications  Commission  FCC  04-  3 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime 
 Communications 
 Petition  for  Rule  Making  Filed  by  Globe  Wireless,  Inc. 

 Amendment  of  the  Commissions  Rules  Concerning  Maritime  Communications 

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 WT  Docket  No.  00-  48 
 RM-  9499 
 PR  Docket  No.  92-  257 

 SECOND  REPORT  AND  ORDER,  SIXTH  REPORT  AND  ORDER,  AND  SECOND  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  January  8,  2004  Released:  February  12,  2004 
 Comment  Date:  [60  days  after  Federal  Register  publication]  Reply  Comment  Date:  [90  days  after  Federal  Register  publication] 

 By  the  Commission: 
 TABLE  OF  CONTENTS  Title  Paragraph  No. 

 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY.....................................................................  1 
 II.  BACKGROUND  .............................................................................................................................  5  A.  GMDSS    WT  Docket  No.  00-  48.......................................................................................  5 

 B.  VHF  Public  Coast  Stations    PR  Docket  No.  92-  257.........................................................  8 
 III.  GMDSS  SECOND  REPORT  AND  ORDER  ................................................................................  11  A.  Voluntary  Restricted  GMDSS  License.............................................................................  11 

 B.  Coast  Station  Watches  ......................................................................................................  14  C.  Unattended  Operation  of  Non-  DSC  Equipment  ...............................................................  17 
 D.  Distress  Frequency  Signals...............................................................................................  21  E.  Emission  Classes...............................................................................................................  23 
 F.  Use  of  Channels  75  and  76  for  Port  Operations................................................................  24  G.  Digital  Selective  Calling  Equipment  ................................................................................  26 
 H.  Distress  Call  and  Message  Transmission  Procedures  .......................................................  27  I.  INMARSAT-  E  EPIRBS  ...................................................................................................  29 
 J.  Small  Passenger  Vessels  ...................................................................................................  32  1.  DSC  Upgrades  of  VHF  and  MF  Radios  ..............................................................  32 
 2.  DSC  Upgrades  for  Single  Sideband  (SSB)  Radios..............................................  35  3.  INMARSAT  Ship  Earth  Stations.........................................................................  37 
 4.  Reserve  Power  Supplies.......................................................................................  39  5.  Updating  Position  Information  ............................................................................  40 
 K.  GMDSS  Rules...................................................................................................................  41 
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 1.  Dedicated  Radio  Operator  During  Distress  Situations  ........................................  41  2.  Ship  Radio  Installations  .......................................................................................  43 
 3.  Capability  for  Two-  Way  Communication  on  Aeronautical  Frequencies  ............  45  L.  Electronic  Mail  (E-  Mail)  Requests  ...................................................................................  47 
 M.  Tabular  Listings  of  Part  80  Frequencies  ...........................................................................  48  N.  Examination  Requirements  for  GMDSS  Operators..........................................................  50 
 O.  Cross-  references................................................................................................................  52 
 IV.  VHF  PUBLIC  COAST  STATIONS  SIXTH  REPORT  AND  ORDER.........................................  53  A.  Distress  Communications  .................................................................................................  53 

 B.  Frequency  Assignments....................................................................................................  58  1.  Specification  of  12.5  kHz  Channels.....................................................................  58 
 2.  Use  of  Additional  VHF  Channels........................................................................  62  3.  Automatic  Identification  Systems........................................................................  64 
 C.  Technical  and  Operational  Matters...................................................................................  68  1.  Emission  Masks  and  Designators  for  Data  Services............................................  68 
 2.  Station  Identification............................................................................................  71  D.  Miscellaneous  Issues.........................................................................................................  73 
 1.  Station  Documents...............................................................................................  73  2.  Filing  Documents.................................................................................................  77 

 V.  GMDSS  SECOND  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING..............................  79  A.  Digital  Selective  Calling  Equipment  ................................................................................  79 
 B.  INMARSAT  Ship  Earth  Stations......................................................................................  80  C.  Reserve  Power  Requirements  for  Small  Passenger  Vessels  .............................................  81 
 D.  Commercial  Operator  License  Issues  ...............................................................................  83  E.  Ship  Security  Alert  System...............................................................................................  85 
 F.  Updated  References  to  International  Standards  ................................................................  86  G.  2002  Biennial  Review.......................................................................................................  87 
 VI.  REGULATORY  MATTERS.........................................................................................................  89  A.  Ex  Parte  Rules    Permit-  But-  Disclose  Proceeding  ...........................................................  89 
 B.  Regulatory  Flexibility  Act  ................................................................................................  90  C.  Comment  Dates.................................................................................................................  93 
 D.  Paperwork  Reduction  Act.................................................................................................  96  E.  Further  Information...........................................................................................................  97 
 F.  Ordering  Clauses...............................................................................................................  99 
 Appendix  A    List  of  Commenters  ...........................................................................................................  A-  1  Appendix  B    Final  Rules.........................................................................................................................  B-  1 
 Appendix  C    Final  Regulatory  Flexibility  Analysis,  WT  Docket  No.  00-  48..........................................  C-  1  Appendix  D    Final  Regulatory  Flexibility  Analysis,  PR  Docket  No.  92-  257.........................................  D-  1 
 Appendix  E    Initial  Regulatory  Flexibility  Analysis,  WT  Docket  No.  00-  48.........................................  E-  1  Appendix  F    Glossary  of  Acronyms  ........................................................................................................  F-  1 

 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  In  this  Second  Report  and  Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule  Making,  we  address  the  issues  raised  in  both  the  Further  Notice  of  Proposed  Rule  Making 

 in  WT  Docket  No.  00-  48  1  and  the  Fourth  Further  Notice  of  Proposed  Rule  Making  in  PR  Docket  No.  92- 

 1  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Report  and 
 Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  48,  17  FCC  Rcd  6741  (2002)  (GMDSS  R&  O,  and  GMDSS  FNPRM  or  FNPRM). 
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 narrowband  use  domestically.  Finally,  interested  parties  are  asked  to  address  several  proposals  to  revise  or  eliminate  part  80  rules  that  were  made  by  Globe  Wireless  in  ex  parte  comments  submitted  in  the  2002 
 Biennial  Review  proceeding. 
 II.  BACKGROUND 
 A.  GMDSS    WT  Docket  No.  00-  48 
 5.  In  1974,  the  International  Maritime  Organization  (IMO)  6  adopted  the  International  Convention  for  the  Safety  of  Life  at  Sea  (SOLAS  Convention).  7  The  primary  objective  of  the  SOLAS 

 Convention  is  to  specify  minimum  standards  for  the  construction,  equipment,  and  operation  of  ships,  compatible  with  their  safety.  In  1988,  the  IMO  amended  SOLAS  to  provide  for  the  worldwide 
 implementation  of  the  GMDSS,  a  ship-  to-  shore  distress  communications  system  with  ship-  to-  ship  capabilities.  8  GMDSS  utilizes  automated  (or  semi-  automated)  communications  via  satellite,  and 
 advanced  terrestrial  systems  using  digital  selective  calling  (DSC).  Ships  that  are  subject  to  the  requirements  of  SOLAS,  known  as  compulsory  ships,  9  must  carry  certain  GMDSS  radio  equipment  for 
 safety  purposes.  In  contrast,  SOLAS  does  not  require  voluntary  ships  to  carry  GMDSS  equipment.  10  The  SOLAS  amendments  provided  for  the  gradual  worldwide  implementation  of  GMDSS  from  February 
 1,  1992  until  February  1,  1999. 
 6.  On  January  16,  1992,  the  Commission  adopted  rules  to  implement  GMDSS  in  the  United  States,  requiring  the  installation  of  GMDSS  equipment  by  February  1,  1999.  11  Additionally,  the 

 Commission  incorporated  into  its  rules  international  equipment  standards  promulgated  by  the  IMO,  the  International  Telecommunication  Union  (ITU),  the  International  Electro-  technical  Commission  (IEC), 
 and  the  International  Standards  Organization  (ISO).  Since  1992,  however,  many  of  these  international  standards  have  been  revised  to  clarify,  improve,  and  update  the  GMDSS  requirements.  In  light  of  these 
 revisions,  on  March  17,  2000,  the  Commission  issued  a  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48,  in  which  it  proposed  to  revise  Part  80  of  its  rules  to  reflect  changes  in  international  standards 
 and  regulations;  delete  or  modify  rules  affected  by  full  implementation  of  GMDSS;  and  delete  or  modify  any  other  regulations  deemed  unnecessary  or  in  need  of  clarification.  12  The  Commission  also  invited 
 commenters  to  propose  other  changes  to  Part  80.  13 

 6  The  IMO  is  an  agency  of  the  United  Nations  that  specifies  regulations  for  the  maritime  service,  such  as  equipment 
 carriage  requirements  for  certain  classes  of  ships.  7 
 Earlier  versions  of  the  SOLAS  Convention  were  adopted  in  1914,  1929,  1948,  and  1960.  8 
 Consolidated  Text  of  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974,  and  its  Protocol  of  1977:  Articles,  Annexes  and  Certificates,  Incorporating  All  Amendments  in  Effect  from  1  July  1997,  International 

 Maritime  Organization,  London,  1997.  9 
 Compulsory  ships  include  all  passenger  ships  that  carry  more  than  twelve  passengers  and  all  cargo  ships  of  300  gross  tons  and  over  conducting  international  voyages. 

 10  See  47  C.  F.  R.    80.  5,  Categories  of  ships  (defining  a  voluntary  ship  as  [  a]  ny  ship  which  is  not  required  by  treaty 
 or  statute  to  be  equipped  with  radiotelecommunication  equipment).  11 
 Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  to  Implement  the  Global  Maritime  Distress  and  Safety  System  (GMDSS)  to  Improve  the  Safety  of  Life  at  Sea,  Report  and  Order,  PR  Docket  No.  90-  480,  7  FCC  Rcd  951 

 (1992).  12 
 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  (2000) 

 (GMDSS  NPRM).  13 
 Id.  at  5944,    2,  5951    17. 
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 7.  In  the  GMDSS  R&  O,  the  Commission  addressed  the  issues  raised  in  the  GMDSS  NPRM,  adopting  or  revising  a  number  of  rules  to  govern  the  further  implementation  of  GMDSS  requirements 
 domestically.  14  At  the  same  time,  in  the  GMDSS  FNPRM,  the  Commission  solicited  comment  on  additional  issues.  Specifically,  the  Commission  asked  whether  it  should  establish  a  voluntary  restricted 
 GMDSS  license  or  take  other  measures  to  address  the  needs  of  recreational  vessel  operators;  clarify  or  change  the  safety  watch  obligations  of  public  coast  stations;  permit  unattended  operation  of  non-  DSC 
 equipment;  prohibit  ship  stations  from  including  any  device  capable  of  transmitting  on  a  distress  frequency  without  regulatory  authorization;  delete  any  existing  emission  classes;  permit  the  use  of 
 Channels  75  and  76  for  navigation-  related  port  operations,  subject  to  specified  power  limits,  and  also  limit  transmitters  operating  on  such  channels  to  the  specified  power  limits,  with  no  manual  override 
 capability;  codify  in  the  rules  the  Radio  Technical  Commission  for  Maritime  Services  (RTCM)  Recommended  Practices  for  DSC  equipment;  revise  the  Part  80  radiotelephone  and  radiotelegraph 
 distress  call  and  message  transmission  procedures  to  incorporate  DSC  and  GMDSS  procedures;  authorize  the  use  of  INMARSAT-  E  EPIRBs  by  U.  S.  vessels  operating  solely  within  the  INMARSAT  coverage 
 footprint;  require  that  small  passenger  vessels  be  outfitted  with  DSC  equipment;  mandate,  on  passenger  ships,  the  assignment  of  at  least  one  qualified  person  to  perform  only  radio  communications  duties  during 
 distress  situations;  and  incorporate  additional  SOLAS  requirements  for  equipment  in  Subpart  W.  15  The  Commission  also  requested  comment  on  issues  pertaining  to  e-  mail  requests,  Part  80  tables  of 
 frequencies,  GMDSS  radio  operator  examination  requirements,  and  Part  80  cross-  references  to  Part  2  of  the  Commissions  rules.  16  We  resolve  these  issues  in  the  Second  Report  and  Order  in  WT  Docket  00-  48 
 herein. 
 B.  VHF  Public  Coast  Stations    PR  Docket  No.  92-  257 
 8.  Very  high  frequency  (VHF)  public  coast  (VPC)  stations  are  CMRS  providers  that  serve  port  or  coastal  areas,  permitting  ships  at  sea  to  send  and  receive  messages  and  to  interconnect  with  the  public 

 switched  telephone  network  (PSTN).  17  In  addition  to  providing  public  correspondence  service,  however,  VPC  stations  are  part  of  an  international  safety  system  intended  to  provide  assistance  to  vessels  in 
 distress.  18  Vessel  operators  use  marine  VHF  Channel  16  (156.8  MHz)  in  the  same  manner  that  landline  telephone  subscribers  dial  911  in  an  emergency.  19  VPC  stations,  as  well  as  other  nearby  vessels, 
 respond  to  vessel  operators  distress  messages  and  relay  the  messages  to  local  search  and  rescue  authorities.  20  The  Coast  Guard  is  responsible  for  such  search  and  rescue  operations  at  sea  and  on  inland 
 waterways  in  the  United  States.  21 
 9.  In  July  1998,  the  Commission  released  a  Third  Report  and  Order  and  Memorandum  Opinion  and  Order  in  PR  Docket  No.  92-  257,  in  which  it,  inter  alia,  adopted  a  geographic  area  licensing  approach 

 14  See  GMDSS  R&  O,  17  FCC  Rcd  at  6744,    2,  for  an  overview  of  the  actions  taken  therein. 
 15  GMDSS  FNPRM,  17  FCC  Rcd  at  6781,    108. 
 16  Id. 
 17  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),  recon.  dismissed  in  part  and  denied  in  part,  15  FCC  Rcd  5231  (2000);  see  also  47  C.  F.  R.    20.  9(  a)(  5). 

 18  VPC  4  th  FNPRM,  17  FCC  Rcd  at  230,    5. 
 19  Id. 
 20  Id. 
 21  Id. 
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 for  VPC  stations,  22  clarified  the  safety  watch  requirements  of  VPC  licensees,  23  and  authorized  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.  24  In  December  2001,  in  response  to  recommendations  from  both  the  USCG  and  Maritel,  Inc.  (Maritel)  25  received  in  response  to  the  GMDSS  FNPRM,  the 
 Commission  released  the  VPC  4  th  FNPRM. 
 10.  In  the  VPC  4  th  FNPRM,  the  Commission  sought  comment  on  its  tentative  conclusions  not  to  include  the  12.5  kHz  offset  channels  in  the  Part  80  table  of  frequencies,  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;  and  to  reject  Maritels  recommendation  to  require  that 
 geographic  area  VPC  licensees  retain  a  watch  only  after  expiration  of  the  licensees  construction  period  or  construction  of  the  licensees  facilities,  and  the  licensee  receives  written  notification  from  the  USCG  to 
 maintain  a  watch.  26  The  Commission  also  sought  comment  on  whether  Part  90  public  safety  entities  would  be  adversely  affected  by  the  reallocation  of  nine  VHF  channels  pairs  to  VPC  licensing,  as  proposed 
 by  Maritel;  and  whether  to  eliminate  the  station  identification  requirement  for  geographic  area  VPC  licensees.  Finally,  the  Commission  sought  comment  on  its  proposals  to  allow  the  USCG  and  VPC 
 licensees  flexibility  to  choose  non-  offset,  as  well  as  offset,  channel  pairs  when  negotiating  an  agreement  regarding  designation  of  two  narrowband  channel  pairs  to  be  used  by  the  USCG  for  its  Ports  and 
 Waterways  Safety  System  (PAWSS);  27  to  expand  the  types  of  emission  masks  and  designators  permissible  under  Part  80  of  its  rules  in  order  to  allow  VPC  licensees  to  provide  a  full  range  of  data 
 services;  and  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.  28  We  resolve  these  issues  in  the  Sixth  Report  and  Order  in  PR  Docket  92-  257  herein. 

 III.  GMDSS  SECOND  REPORT  AND  ORDER 
 A.  Voluntary  Restricted  GMDSS  License 
 11.  Background.  In  the  FNPRM,  the  Commission  observed  that  both  the  National  GMDSS 

 22  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,  19859-  60    10-  11  (1998)  (VPC  Third  R&  O).  The  Commission  also  determined  that  it  would  use  competitive  bidding  procedures  to  resolve 

 mutually  exclusive  applications  for  VPC  geographic  area  licenses.  Id.  at  19882-  83,    61.  23 
 Id.  at  19880-  81,    57-  58.  Specifically,  the  Commission  determined  that,  subject  to  certain  provisos,  it  would  exempt  VPC  stations  from  the  Channel  16  watch  requirement  where  federal,  state,  or  local  governments  maintain  a 

 continuous  watch  over  ninety-  five  percent  of  the  stations  service  area.  Id.  This  exemption  is  codified  at  47  C.  F.  R.    80.  303(  b). 
 24  Id.  at  19875,    46. 
 25  Maritel  is  the  largest  provider  of  VPC  services  in  the  United  States,  with  stations  throughout  most  of  the  coastal 
 United  States  and  U.  S.  inland  waterways  interconnected  to  Maritels  control  switching  office  in  Biloxi,  Mississippi.  Maritel  Comments  (WT  00-  48)  at  1.  It  is  the  licensee  of,  inter  alia,  VHF  Public  Coast  Service  Areas  1-  9  as  well  as 

 inland  VPC  licenses.  Id.;  see  also  FCC  Announces  the  Conditional  Grant  of  26  VHF  Public  Coast  Service  Licenses,  Public  Notice,  DA  99-  195,  at  1  (rel.  May  21,  1999);  VHF  Public  Coast  and  Location  and  Monitoring  Service 
 Spectrum  Auction  Closes:  Winning  Bidders  Announced,  Public  Notice,  16  FCC  Rcd  12509  (2001).  26 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  228,    1.  27 
 PAWSS  will  provide  Vessel  Traffic  Services  to  facilitate  the  safe  and  efficient  transit  of  vessel  traffic.  See  VPC  Third  R&  O,  13  FCC  Rcd  at  19875,    46. 

 28  VPC  4  th  FNPRM,  17  FCC  Rcd  at  228,    1. 
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 Implementation  Task  Force  (Task  Force)  29  and  Recreational  Boating  Association  of  Washington  (RBAW)  were  recommending  that  the  Commission  establish  a  voluntary  restricted  GMDSS  radio  operators  license 
 to  satisfy  a  need  for  voluntary  training  by  recreational  vessel  operators  who  will  soon  begin  using  VHF-DSC,  but  who  are  not  now  required  to  hold  any  license  or  receive  any  training.  30  The  commenters  were 
 concerned  that,  absent  a  licensing  framework,  these  anticipated  new  users  of  DSC  equipment  would  pose  a  serious  false  alarm  threat  to  the  safety  system.  31  However,  the  Commission  tentatively  determined  that 
 it  should  not  create  a  new  license  for  recreational  vessel  operators  who  voluntarily  complete  training  in  VHF-  DSC  because  of  the  enormous  burden  on  Commission  resources  that  such  a  licensing  framework 
 would  entail  and  because  of  the  lack  of  any  precedent  for  such  a  voluntary  license.  32  The  Commission  nonetheless  invited  further  comment  on  this  issue,  based  in  part  on  a  recognition  that  there  may  be  some 
 need  for  recreational  vessel  operators  chartering  recreational  vessels  in  other  countries  to  demonstrate  competency  in  the  use  of  DSC  equipment.  33 

 12.  Discussion.  We  share  the  concerns  of  commenters  regarding  the  potential  problem  of  widespread  false  alerts  that  could  stem  from  the  growing  use  of  DSC  equipment  by  recreational  boaters,  34 
 and  we  attach  great  weight  in  particular  to  the  USCGs  espousal  of  a  licensing  scheme  to  address  this  potential  problem  35  because  the  USCG  has  primary  responsibility  for  maritime  search  and  rescue 
 operations.  However,  we  continue  to  believe  that  it  would  be  premature  at  this  time  to  adopt  any  new  licensing  framework  or  other  regulatory  requirement  to  address  this  matter.  As  RBAW  notes,  we  cannot 
 predict  the  scope  of  the  false  alert  concern.  36  Further,  as  the  Commission  indicated  in  the  FNPRM,  37  a  licensing  framework  of  this  sort  would  represent  a  significant  departure  from  our  licensing  precedent 
 inasmuch  as  we  do  not  require  recreational  vessel  operators  to  carry  DSC  equipment,  but  they  would  be  subject  to  licensing  if  they  voluntarily  chose  to  do  so.  38  We  note,  moreover,  that  while  the  USCG 
 believes  a  licensing  framework  is  essential  to  address  the  expected  increase  in  false  alerts,  the  other  commenters,  including  the  Task  Force  and  RBAW,  now  appear  to  believe  other  measures  may  suffice  just 
 as  well.  39  We  are  therefore  reluctant  to  adopt  a  licensing  framework  that  would  be  administratively 
 29  See  Appendix  A,  infra,  for  a  list  of  the  commenters  and  the  abbreviations  by  which  they  are  referred.  The 
 deadline  for  comments  in  WT  Docket  No.  00-  48  was  August  15,  2002.  See  67  FR  35086  (May  17,  2002).  The  Comments  of  the  Task  Force  and  Dr.  Schenk  of  America  LLC  were  filed  late,  on  September  3,  2002,  and  August  22, 

 2002,  respectively,  and  the  Task  Force  filed  a  Motion  to  Accept  Late  Filing.  We  accept  the  late-  filed  comments  of  the  Task  Force  and  Dr.  Schenk  of  America  LLC  in  the  interest  of  developing  as  complete  a  record  as  possible  in  this 
 proceeding.  30 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6781,    109.  31 
 Id.  32 
 Id.  at  6781,    110.  33 
 Id.  34 
 See,  e.  g.,  USCG  Comments  (WT  00-  48)  at  3;  Kurt  Anderson  Comments  at  8;  Owen  Anderson  Comments  at  6;  Neuman  Comments  at  2. 

 35  USCG  Comments  (WT  00-  48)  at  3  (  The  only  known  mechanism  [to  address  this  concern]  is  a  licensing  scheme 
 that  would  have  as  a  component  completion  of  an  appropriate  short  training  course.).  36 
 RBAW  Comments  at  1.  37 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6781,    110.  38 
 The  risks  of  providing  for  such  voluntary  licensing  include  creating  a  new  paperwork  burden  for  the  recreational  boating  community,  the  possibility  of  creating  a  disincentive  for  recreational  boaters  to  upgrade  to  DSC, 

 and  engendering  confusion  with  the  Restricted  GMDSS  Radio  Operators  License  that  is  mandatory  on  compulsory  ships. 
 39  See  Task  Force  Comments  at  5;  RBAW  Comments  at  1;  RBAW  Reply  Comments  at  1.  See  also  Owen  Anderson 
 Comments  at  6. 
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 burdensome  for  the  Commission,  and  that  could  also  be  viewed  as  burdensome  by  the  recreational  boating  community,  to  address  what  is  still  largely  a  theoretical  problem,  especially  since  it  is  uncertain 
 that  a  licensing  framework  would  prove  significantly  better  than  alternative  means  of  encouraging  recreational  boaters  to  be  trained  in  DSC  operation.  Further,  while  the  Commission,  in  the  GMDSS 
 FNPRM,  specifically  contemplated  the  need  for  a  voluntary  restricted  GMDSS  radio  operators  license  by  persons  chartering  recreational  vessels  in  other  countries,  40  no  commenter  suggested  that  we  establish  a 
 license  on  the  basis  of  the  particular  needs  of  such  persons.  We  thus  agree  with  the  majority  of  commenters  that  we  should  not  establish  a  voluntary  restricted  GMDSS  radio  operators  license  for 
 recreational  boaters  that  install  DSC  equipment. 
 13.  Most  commenters  also  stated  that  training  of  recreational  boaters  in  the  use  of  DSC  equipment  should,  at  a  minimum,  be  encouraged,  and  that  the  Commission  should  consider  making  such 

 training  and/  or  the  completion  of  a  test  mandatory,  with  compliance  therewith  evidenced  by  a  certificate  of  completion.  41  The  Task  Force  notes  that  the  United  Kingdom  and  several  other  countries  use  a 
 mandatory  training  requirement  of  this  sort.  42  In  the  United  States,  providing  such  training  and  testing  would  most  logically  fall  to  the  U.  S.  Coast  Guard  Auxiliary,  U.  S.  Power  Squadrons  (USPS),  43  state 
 regulators  and/  or  private  sector  entities.  44  We  decline  to  impose  a  mandatory  training/  certification  requirement  at  this  time  for  a  number  of  reasons.  First,  as  noted  earlier,  it  is  difficult  to  predict  the  scope 
 of  the  false  alert  concern.  Second,  although  the  USCG  indicates  that  there  are  some  VHF-  DSC  training  courses  in  place,  the  record  is  devoid  of  any  information  on  the  availability  of  such  training  courses.  We 
 are  unwilling  to  mandate  training  without  certainty  that  it  will  be  reasonably  available  to  all  recreational  boaters  that  wish  to  use  VHF-  DSC.  Third,  there  remain  a  number  of  unanswered  questions  regarding 
 implementation  and  enforcement  of  a  training  requirement.  For  example,  what  amount  and  type  of  training  is  sufficient?  45  Is  it  necessary  for  the  person  seeking  certification  simply  to  take  a  course,  or 
 should  the  person  also  be  required  to  pass  an  examination?  Should  such  a  requirement  apply  to  recreational  boaters  who  already  own  and  use  VHF-  DSC  radios?  Will  the  USCG  be  responsible  for 
 enforcement  of  the  certification  requirement?  If  so,  what  sanctions  can  the  USCG  impose  for  the  violation  of  what  is  an  FCC  requirement?  On  this  record,  then,  we  believe  imposition  of  a  mandatory 
 certification  requirement  for  recreational  boaters  using  VHF-  DSC  is  premature.  We  emphasize,  however,  that  we  recognize  the  potential  seriousness  of  the  false  alert  concern  identified  by  the  commenters,  and 
 that  we  intend  to  monitor  the  situation  carefully  so  that  we  may  take  appropriate  action,  if  necessary, 
 40  GMDSS  FNPRM,  17  FCC  Rcd  at  6781,    110. 
 41  See,  e.  g.,  USCG  Comments  (WT  00-  48)  at  3;  Task  Force  Comments  at  5;  RBAW  Comments  at  1;  RBAW  Reply 
 Comments  at  1;  Owen  Anderson  Comments  at  6.  42 
 The  Task  Force  observes  that,  in  the  United  Kingdom,  the  course  in  DSC  use  is  offered  by  the  Royal  Yachting  Association,  which  also  issues  a  Certificate  of  Completion.  Task  Force  Comments  at  5. 

 43  USPS  is  a  non-  profit,  educational  organization  dedicated  to  making  boating  safer  and  more  enjoyable  by  teaching 
 classes  in  seamanship,  navigation  and  related  subjects.  See  http://  www.  usps.  org/  newpublic1/  guesthome.  htm.  44 
 See  USCG  Comments  (WT  00-  48)  at  3  (noting  that  the  Coast  Guard  Auxiliary  and  USPS  currently  offer  such  courses);  Task  Force  Comments  at  5  (noting  that  the  Task  Force  has  encouraged  the  Coast  Guard  Auxiliary  and  the 

 USPS  to  offer  a  voluntary  one-  day  course  in  VHF-  DSC  and  has  encouraged  development  of  an  interactive  online  course);  RBAW  Comments  at  1  (recommending  that  the  only  action  the  Commission  should  take  now  is  to  delegate 
 authority  to  the  Wireless  Telecommunications  Bureau,  Public  Safety  and  Private  Wireless  Division,  to  enter  into  memoranda  of  agreement  with  the  Coast  Guard  Auxiliary,  USPS,  and  other  organizations  to  issue  Certificates  of 
 Completion  of  examinations  covering  VHF  and  VHF-  DSC  procedures);  Owen  Anderson  Comments  at  6  (suggesting  that  certification  could  be  given  by  any  person  or  organization  approved  by  the  USCG  and/  or  the  Commission); 
 RBAW  Reply  Comments  at  1  (VHF-  DSC  training  of  recreational  boaters  should  be  administered  by  representatives  of  those  that  will  be  affected  by  the  process  and  results). 
 45  RBAW  states  that  the  choice  of  classroom  training  or  self-  study  should  be  left  to  the  discretion  of  the  person 
 seeking  certification.  RBAW  Reply  Comments  at  1. 
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 before  any  such  problem  gets  out  of  hand.  For  now,  we  will  endeavor  to  coordinate  with  and  assist  the  USCG  in  educating  the  recreational  boating  community  about  this  issue,  encouraging  voluntary  training 
 in  VHF-  DSC,  and  developing  appropriate  standards  for  training  and  certification.  We  reserve  discretion  to  revisit  the  possibility  of  imposing  a  mandatory  certification  requirement  for  recreational  boaters  using 
 VHF-  DSC,  upon  request  of  the  USCG  or  another  interested  party,  if  future  circumstances  suggest  a  need  for  such  requirement.  46  We  emphasize,  moreover,  that  it  is  not  the  Commissions  intent  to  preempt  any 
 state  requirements  for  training  or  certification  of  recreational  boaters  in  VHF-  DSC. 
 B.  Coast  Station  Watches 
 14.  Background.  Section  80.103(  c)  of  the  Commissions  rules  specifies  that  acknowledgment  of  DSC  distress  and  safety  calls  must  be  made  by  designated  coast  stations  in  accordance  with  procedures 

 contained  in  ITU-  R  Recommendation  541.  47  In  its  comments  to  the  GMDSS  NPRM,  Maritel  stated  that  this  rule  presumes  the  establishment  of  Sea  Area  A1,  48  and  observed  that  no  coast  station  will  have  this 
 ability  until  the  establishment  of  that  Sea  Area.  49  Maritel  further  asserted  that  the  definition  of  the  term  designated  coast  station,  as  used  in  section  80.103(  c),  is  unclear,  and  asked  that  the  Commission  clarify 
 that  the  term  is  intended  to  refer  to  the  USCG  or  its  designee  following  the  establishment  of  Sea  Area  A1.  50  In  response  to  Maritels  comments,  the  USCG  stated  that  it  supports  a  mandate  that  any  coast 
 station  operating  on  Channel  70,  the  DSC  distress  channel,  have  the  ability  and  obligation  to  answer  a  distress  call  on  that  channel  if  a  USCG  station  does  not  or  cannot  answer  such  a  call  within  the  required 
 time.  51  The  USCG  further  stated  that  the  obligation  of  a  VPC  station  answering  such  a  call  would  be  similar  to  existing  VPC  obligations  regarding  the  receipt  of  a  distress  and  safety  call  over  voice 
 channels.  52  In  the  GMDSS  FNPRM,  the  Commission  asked  the  parties  to  further  explain  their  positions  on  this  issue,  and  sought  comment  on  the  Commissions  authority  to  require  public  coast  stations  to 
 conduct  continuous  safety  watches,  the  economic  impact  of  such  a  requirement  on  public  coast  stations,  and  the  manner  in  which  coast  stations  could  relay  distress  communications  to  the  USCG.  53 

 15.  Discussion.  We  clarify  that  the  term  designated  coast  stations  in  section  80.103(  c)  is  not  intended  to  encompass  all  VPC  stations.  Accordingly,  VPC  stations  are  not  under  an  obligation  to 
 maintain  a  Channel  70  watch  or  to  routinely  acknowledge  Channel  70  distress  calls.  To  read  section  80.103(  c)  otherwise  would  be  patently  inconsistent  with  section  80.1119  of  the  Commissions  rules, 
 which  states,  inter  alia,  that  coast  stations  that  receive  a  GMDSS  distress  alert  should  wait  three  minutes  for  an  acknowledgement  to  be  made  by  a  Rescue  Coordination  Center  and,  if  no  such  acknowledgement 
 occurs  within  the  three-  minute  period,  must  ensure  that  the  distress  alert  is  routed  to  a  Rescue 
 46  Neuman  suggests  that  one  means  of  addressing  the  expected  increase  in  false  alerts  stemming  from  use  of  VHF-DSC 
 by  recreational  boaters  would  be  to  establish  a  voice  channel  for  use  between  recreational  boaters  and  commercial  ships.  Neuman  Comments  at  2.  This  proposal  is  beyond  the  scope  of  the  FNPRM. 

 47  47  C.  F.  R.    80.103(  c). 
 48  Sea  Area  A1  is  an  area  within  radiotelephone  coverage  of  at  least  one  VHF  coast  station  in  which  continuous  DSC 
 alerting  is  available  as  defined  by  the  IMO.  Sea  Area  A2  is  an  area,  excluding  Sea  Area  A1,  within  radiotelephone  coverage  of  at  least  one  medium  frequency  (MF)  coast  station  in  which  continuous  DSC  alerting  is  available  as 

 defined  by  the  IMO.  Sea  Area  A3  is  an  area,  excluding  Sea  Areas  A1  and  A2,  within  the  coverage  of  an  INMARSAT  geostationary  satellite  in  which  continuous  alerting  is  available.  Sea  Area  A4  is  an  area  outside  Sea 
 Areas  A1,  A2,  and  A3.  See  47  C.  F.  R.    80.  1069(  a).  49 
 See  GMDSS  FNPRM,  17  FCC  Rcd  at  6782,    111.  50 
 Id.  51 
 Id.  at  6782,    112.  52 
 Id.  53 
 Id.  at  6782,    113. 
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 Coordination  Center  as  soon  as  possible,  and  must  provide  assistance  for  distress  communications  when  requested  to  do  so  by  the  USCG.  54  In  addition,  the  Commission  has  specifically  rejected  the  idea  of 
 proposing  GMDSS  watch  requirements  for  VPC  stations.  55  We  read  the  USCGs  comments  in  response  to  the  GMDSS  FNPRM  to  be  in  accord  with  this  position.  56  We  agree  with  the  USCG  that  a  mandatory 
 Channel  70  watch  requirement  for  VPC  stations  is  not  warranted.  We  believe  that  a  Channel  70  watch  requirement  should  not  be  deemed  simply  an  extension  to  newer  technology  of  VPC  licensees  existing 
 requirement  to  maintain  a  watch  on  VHF  Channel  16.  57 
 16.  While  we  view  the  responsibility  to  monitor  Channel  70,  and  to  acknowledge  and  respond  to  Channel  70  distress  calls,  as  ultimately  that  of  the  USCG,  we  understand  that  the  USCG  does  not  yet  have 

 the  facilities  in  place  to  fully  implement  such  monitoring.  58  We  also  observe  that  VPC  stations  currently  receive  DSC  messages,  even  in  the  absence  of  a  watch  requirement.  We  remind  VPC  licensees  of  the 
 need  to  fully  comply  with  the  procedures  set  forth  in  section  80.1119  when  they  receive  a  DSC  distress  call.  As  Maritel  acknowledges,  public  coast  stations  have  a  unique  role  in  the  marine  communications 
 network    [and  an]  obligation  to  provide  assistance  to  the  Coast  Guard  when  that  assistance  is  required  in  certain  circumstances.  59  With  the  benefit  of  this  clarification,  we  encourage  Maritel  and  other  VPC 
 licensees  to  engage  in  a  dialogue  with  the  USCG  to  determine  how  they  can  most  expeditiously  and  effectively  transfer  DSC  distress  calls  to  the  USCG,  60  and  otherwise  provide  appropriate  assistance  to  the 
 USCG  when  requested  to  do  so. 
 C.  Unattended  Operation  of  Non-  DSC  Equipment 
 17.  Background.  Section  80.179  of  the  Commissions  rules  permits  unattended  operation  of  DSC  transmitters  at  VPC  stations.  61  Maritel,  which  operates  both  DSC  and  non-  DSC  equipment,  requested 

 that  we  extend  section  80.  179  to  non-  DSC  equipment  by  allowing  the  unattended  operation  of  such 
 54  See  47  C.  F.  R.    80.  1119(  a).  The  rule  adds  parenthetically  that,  This  subpart  [referring  to  Part  80,  Subpart  W, 
 which  contains  the  Commissions  GMDSS  rules]  does  not  specify  any  radio  watches  for  coast  stations.  Id.  55 
 See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  to  Implement  the  Global  Maritime  and  Distress  Safety  System  (GMDSS)  to  Improve  the  Safety  of  Life  at  Sea,  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  90- 

 480,  5  FCC  Rcd  6212,  6216,    34  (1990)  (  Also,  we  propose  no  additional  GMDSS  watches  be  required  for  public  coast  stations.  As  the  GMDSS  is  defined,  only  certain  coast  stations  (and  coast  earth  stations)  are  designated  to 
 maintain  the  DSC  frequency  watches.).  56 
 USCG  Comments  (WT  00-  48)  at  3  (  USCG  does  not  seek  to  impose  any  additional  watch  requirement  on  coast  stations  but  rather  to  require  coast  stations  during  their  hours  of  operation  to  provide  such  assistance  as  the  Coast 

 Guard  may  require  to  properly  receive,  acknowledge,  and  process  a  DSC  distress  alert.).  57 
 A  Channel  70  watch  requirement  for  VPCs  cannot  be  deemed  merely  an  extension  of  the  Channel  16  watch  requirement.  First,  different  equipment  is  required.  Second,  a  second,  cumulative  watch  requirement  adds  to  the 

 licensees  compliance  burden  irrespective  of  the  equipment  needed  to  maintain  the  watch.  Third,  coast  stations  are  exempt  from  the  Channel  16  watch  requirement  in  areas  where  federal,  state,  or  local  governments  maintain  a 
 continuous  watch  over  ninety-  five  percent  of  the  stations  service  area.  See  note  23,  supra.  Finally,  treating  a  Channel  70  watch  requirement  for  VPCs  as  an  extension  of  the  Channel  16  watch  requirement  is  inconsistent  with 
 the  Commissions  clearly  expressed  determination  not  to  impose  GMDSS  watch  requirements  on  VPCs.  See  note  55,  supra. 
 58  See,  e.  g.,  http://  www.  uscg.  mil/  hq/  g-  a/  ndrsmp/  Implementation.  htm. 
 59  Maritel  Comments  (WT  00-  48)  at  7. 
 60  Maritel  indicates  that  its  current  practice  is  to  transfer  DSC  distress  calls  to  the  USCG  by  facsimile  transmission. 
 See  Maritel  Comments  (WT  00-  48)  at  5.  The  record  does  not  indicate  that  this  practice  is  unsatisfactory  to  the  USCG,  and  we  have  no  occasion  here  to  assess  whether  it  is  sufficient  under  section  80.  1119  of  the  Commissions 

 rules.  61 
 47  C.  F.  R.    80.179. 
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 equipment  so  long  as  the  licensee  has  the  ability  to  remotely  terminate  operations  of  the  transmitter.  62  The  Commission  stated  in  the  FNPRM  that  it  was  not  persuaded  by  Maritels  proposal,  and  expressed 
 concern  that  allowing  unattended  operation  of  non-  DSC  equipment  might  encourage  potential  abuse  and  overloading  of  VHF  distress  channel  16.  63  The  Commission  also  expressed  concern  about  the 
 implications  of  acknowledging  distress  calls  without  any  manual  intervention.  64  The  Commission  sought  comment  on  its  tentative  determination  to  reject  Maritels  proposal  to  permit  unattended  operation 
 of  non-  DSC  equipment.  65 
 18.  Discussion.  On  further  review,  we  conclude  that  our  rules  already  permit  VPC  stations  to  engage  in  unattended  operation  of  non-  DSC  equipment,  provided  that  they  are  exempt  from  the  Channel 

 16  watch  requirement  pursuant  to  section  80.  303  of  the  Commissions  rules.  66  To  that  extent,  we  agree  with  Maritels  proposal  to  permit  unattended  operation.  However,  VPC  stations  that  are  still  subject  to  a 
 Channel  16  watch  requirement  must  have  a  licensed  radio  operator  on  duty,  pursuant  to  section  80.153.  67 
 19.  We  disagree  with  Maritel  insofar  as  it  contends  that  the  Commission  has  already  eliminated  the  requirement  that  even  public  coast  stations  subject  to  a  Channel  16  watch  have  an  operator  on  duty, 

 and  has  instead  afforded  public  coast  station  licensees  discretion  to  determine  whether  or  not  to  have  an  operator  on  duty,  in  accord  with  international  regulations.  68  Maritel  cites  the  Commissions  1997  Second 
 Report  and  Order  in  PR  Docket  No.  92-  257  for  the  proposition  that  the  Commission  has  already  eliminated  the  operator  requirement  for  coast  stations.  69  However,  the  cited  decision  was  limited  to 
 allowing  VPC  stations  to  automatically  interconnect  marine  radios  with  the  public  switched  telephone  network,  and  was  intended  to  allow  VPC  licensees  to  decide  for  themselves  whether  to  provide  operator 
 assistance  for  such  calls.  70  Similarly,  the  VPC  Third  R&  O,  also  cited  by  Maritel,  71  did  not  authorize  VPC  stations  to  engage  in  unattended  operation  beyond  automated  interconnection  of  public  correspondence 
 traffic  to  the  PSTN.  The  Commission  there  responded  to  one  commenters  argument  to  eliminate  the  Channel  16  watch  requirement  for  VPC  stations  in  order  to  put  them  on  an  equal  footing  with  other 
 CMRS  providers  by  pointing  out  that  the  commenter  fail[  ed]  to  take  account  that  other  services  are  intended  to  be  fully  automated,  and  that  they  emerged  in  a  different  context  from  the  Maritime  Services, 

 62  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6782,    114. 
 63  Id. 
 64  Id. 
 65  Id. 
 66  47  C.  F.  R.    80.303. 
 67  Id.    80.153. 
 68  Maritel  Reply  Comments  (WT  00-  48)  at  6-  8.  It  is  unclear  from  its  comments  whether  Maritel  is  indeed  arguing 
 that  VPC  stations  subject  to  a  Channel  16  watch  requirement  have  been  given  discretion  to  dispense  with  a  live  operator  to  the  same  extent  as  stations  exempt  from  the  Channel  16  watch.  Although  Maritel  generally  does  not 

 qualify  its  assertion  that  VPC  stations  have  been  given  discretion  as  to  whether  or  not  to  have  an  operator  on  duty,  it  elsewhere  states  that,  [  p]  lainly,  a  coast  station  that  is  not  required  to  maintain  a  channel  16  watch  should  not  be 
 required  to  have  an  operator  on  duty.  Id.  at  7-  8.  69 
 Id.  at  7,  citing  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,  16959   

 14  (1997)  (VPC  Second  R&  O).  70 
 VPC  Second  R&  O,  12  FCC  Rcd  at  16959,    14  (  Allowing  public  coast  stations  the  option  to  provide  automatic  interconnection  between  marine  radios  and  the  PSN  [public  switched  network]  will  enhance  their  ability  to  compete 

 effectively  in  coastal  regions  with  other  CMRS  providers  .).  71 
 Maritel  Reply  Comments  (WT  00-  48)  at  7  (citing  VPC  Third  R&  O,  13  FCC  Rcd  19881,    58). 
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 with  their  public  safety  component.  72  Read  in  context,  then,  the  holdings  cited  by  Maritel  did  not  intend  to  give  VPC  licensees  discretion  to  dispense  with  a  live  operator  for  the  receipt  of  distress  calls  to  be 
 forwarded  to  search  and  rescue  authorities,  but  only  with  respect  to  public  correspondence.  We  believe  a  contrary  reading,  moreover,  would  be  inconsistent  with  the  plain  language  of  section  80.153  of  the 
 Commissions  rules,  which  states  that,  [  e]  xcept  as  provided  in    80.179,  operation  of  a  coast  station  transmitter  must  be  performed  by  a  person  holding  a  commercial  radio  operator  license  of  the  required 
 class,  who  is  on  duty  at  the  control  point  of  the  station.  73 
 20.  In  sum,  we  believe  that  the  Commissions  current  rules  retain  an  operator  requirement  for  VPC  stations  subject  to  a  Channel  16  watch,  that  the  requirement  is  rooted  in  maritime  safety  concerns, 

 and  that  Maritel  has  not  demonstrated  that  it  would  serve  the  public  interest  to  remove  this  requirement.  We  agree  with  the  USCG  that  retaining  the  operator  requirement  for  VPC  stations  that  remain  subject  to  a 
 Channel  16  watch  will  promote  maritime  safety  by  better  ensuring  that  VHF  distress  calls  received  by  such  stations  are  properly  relayed  to  search  and  rescue  authorities.  74  On  the  other  hand,  we  agree  with 
 Maritel  insofar  as  it  contends  that  unattended  operation  of  non-  DSC  equipment  is  permissible  for  VPC  stations  that  are  exempt  from  the  Channel  16  watch. 

 D.  Distress  Frequency  Signals 
 21.  Background.  In  the  FNPRM,  the  Commission  invited  comment  on  a  USCG  proposal  to  amend  section  80.203  of  the  Commissions  rules  75  to  prohibit  the  inclusion  in  ship  stations  of  any  device 

 capable  of  transmitting  on  a  distress  frequency  any  signal  that  is  not  specifically  authorized  in  the  rules.  76  The  Commission  noted,  however,  that  the  Communications  Act  is  very  permissive  about  distress  signals, 
 and  that  the  effect  of  this  proposal  on  the  ability  of  manufacturers  to  add  tone  signaling  equipment  was  unclear.  77  The  Commission  also  stated  that  this  proposal  appeared  to  impede  manufacturers  from 
 improving  their  equipment.  78 
 22.  Discussion.  Based  on  the  record  evidence,  we  adopt  the  USCGs  proposal,  and  amend  section  80.203  to  bar  ship  stations  from  including  any  device  capable  of  transmitting  on  a  distress 

 frequency  without  regulatory  authorization.  We  concur  with  the  USCG  and  RBAW  that  this  amendment  will  promote  safety  by  better  ensuring  that  the  USCG  can  process  any  distress  or  safety  signal  it 
 receives.  79  As  the  USCG  observes,  [  a]  bsent  regulation  of  the  signal  characteristics  being  transmitted,  the  high  potential  exists  that  an  emission  thought  helpful  by  an  individual  manufacturer  could  unintentionally 
 result  in  adverse  effects  to  other  vessels  or  the  shore-  based  system.  80  The  Commissions  concerns  about  the  proposed  amendment  were  premised  on  the  effect  it  might  have  on  manufacturers  flexibility. 
 However,  no  manufacturer  has  interposed  any  objection  to  the  proposal,  and  there  is  nothing  in  the  record  to  indicate  that  it  will  adversely  affect  manufacturers.  In  addition,  we  conclude  that  a  prohibition  on 

 72  VPC  Third  R&  O,  13  FCC  Rcd  at  19881    57  (emphases  added);  see  also  id.  at  19881,    58. 
 73  47  C.  F.  R.    80.  153(  a). 
 74  USCG  Comments  (WT  00-  48)  at  4. 
 75  47  C.  F.  R.    80.203. 
 76  GMDSS  FNPRM,  17  FCC  Rcd  at  6783,    115. 
 77  Id. 
 78  Id. 
 79  USCG  Comments  (WT  00-  48)  at  4;  RBAW  Comments  at  1.  See  also  Neuman  Comments  at  2. 
 80  USCG  Comments  (WT  00-  48)  at  4. 
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 devices  capable  of  transmitting  unauthorized  signals  is  consistent  with  the  Communications  Act.  81 
 E.  Emission  Classes 
 23.  The  Commission  invited  further  comment  in  the  FNPRM  on  whether  to  delete  any  of  the  emission  classes  authorized  under  section  80.205  or  section  80.207.  82  The  Commission  asked  any 

 proponents  of  the  deletion  of  an  emission  class  to  explain  the  public  interest  benefits  of  such  a  deletion,  and  said  it  was  especially  interested  in  receiving  data  or  anecdotal  evidence  indicating  whether  the 
 availability  of  these  emission  classes  has  caused  actual  interference  to  marine  radio  communications.  83  The  Commission  received  no  comments  addressing  this  issue,  and  we  will  accordingly  retain  all  of  the 
 existing  classes  of  emissions  authorized  under  sections  80.205  and  80.207  of  the  Commissions  rules. 
 F.  Use  of  Channels  75  and  76  for  Port  Operations 
 24.  Background.  Section  80.373  of  the  Commissions  rules  describes  the  carrier  frequencies  assignable  for  ship-  to-  ship  and  ship-  to-  coast  private  communications.  84  Based  on  a  USCG 

 recommendation,  the  Commission  proposed  in  the  FNPRM  to  amend  section  80.373  by  redesignating  Channels  75  (156.775  MHz)  and  76  (156.825  MHz),  which  are  currently  designated  as  guard  bands  for 
 Channel  16  (156.800  MHz)  and  thus  unavailable  for  use,  for  port  operations.  85  The  Commission  further  proposed  to  limit  transmitter  output  power  on  Channels  75  and  76  to  one  watt  for  ship  stations  and  ten 
 watts  for  coast  stations,  and  to  require  all  precautions  necessary  to  avoid  harmful  interference  to  Channel  16.  86  In  addition,  the  Commission  invited  comment  on  amending  section  80.215(  g)(  3)  of  its  rules  87  to 
 require  the  design  of  transmitters  that  will  reduce  the  carrier  power  to  one  watt  or  less  when  the  transmitter  is  tuned  to  Channel  75  or  76,  with  no  manual  override  capability.  88  The  Commission  also 
 sought  comment  on  whether  to  require  all  new  radios  to  have  the  ability  to  tune  to  Channels  75  and  76.  89  The  Commission  did  not  propose  to  adopt  these  equipment  requirements,  but  only  sought  comment  on 
 whether  they  should  be  adopted,  because  it  was  concerned  about  the  impact  on  manufacturers  of  such  requirements.  90  The  Commission  also  asked  for  suggestions  on  appropriate  grandfathering  clauses, 
 should  it  implement  these  proposed  new  equipment  requirements,  and  asked  whether  it  should  convert  Channels  75  and  76  to  narrowband  channels.  91  Finally,  and  again  based  on  the  USCGs  recommendation, 
 the  Commission  proposed  to  amend  the  table  heading  for  Channel  22A  to  read  Liaison  and  Safety  Broadcasts,  U.  S.  Coast  Guard  to  reflect  how  the  frequency  is  being  used.  92 

 25.  Discussion.  We  concur  with  the  USCG  and  RBAW,  the  only  commenters  addressing  this 
 81  See  47  U.  S.  C.    302,  361. 
 82  GMDSS  FNPRM,  17  FCC  Rcd  at  6783,    116. 
 83  Id. 
 84  47  C.  F.  R.    80.373. 
 85  GMDSS  FNPRM,  17  FCC  Rcd  at  6783,    117.  As  part  of  this  proposal,  the  Commission  would  add  Channels  75 
 and  76  to  the  table  in  Section  80.  373(  f)  of  its  rules,  47  C.  F.  R.    80.  373(  f).  86 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6783,    117.  87 
 47  C.  F.  R.    80.215(  g)(  3).  88 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6784,    118.  89 
 Id.  90 
 Id.  91 
 Id.  92 
 Id. 
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 issue,  that  we  should  designate  Channels  75  and  76  for  port  operations  and  designate  Channel  22A  as  Liaison  and  Safety  Broadcasts,  U.  S.  Coast  Guard.  93  There  is  a  need  for  additional  spectrum  for  port 
 operations-  related  communications,  and  redesignating  Channels  75  and  76  for  that  purpose  will  address  that  need.  We  also  agree  with  the  USCG  that  we  should  mandate  that  new  ship  radio  equipment  be 
 required  to  have  Channels  75  and  76,  and  be  required  to  reduce  the  carrier  power  to  one  watt  or  less,  with  no  manual  override  capability,  when  the  transmitter  is  tuned  to  either  of  those  channels.  94  These 
 measures  will  ensure  the  effective  use  of  Channels  75  and  76  for  port  communications  without  causing  harmful  interference  to  Channel  16.  The  Commission  declined  to  propose  these  equipment  requirements 
 in  the  FNPRM  out  of  a  concern  about  the  impact  they  might  have  on  manufacturers.  95  The  Commission  specifically  solicited  comment  from  manufacturers  as  to  how  such  requirements  might  affect  them.  96  We 
 did  not  receive  responsive  comments  from  any  manufacturer,  and  there  is  nothing  in  the  record  to  suggest  that  these  requirements  will  be  onerous  or  problematic.  In  addition,  no  commenter  suggested  a  specific 
 period  of  grandfathering  protection.  97  We  believe  it  would  impose  unnecessary  costs  on  ship  station  licensees  and  possible  burdens  on  manufacturers  to  require  that  they  immediately  replace  all  existing 
 radio  equipment  that  does  not  comply  with  the  new  requirements,  so  we  will  grandfather  existing  equipment  indefinitely  from  these  requirements.  Non-  compliant  equipment  installed  prior  to  the  effective 
 date  of  these  rules  may  continue  to  be  used  for  its  remaining  useful  life.  In  addition,  we  will  allow  installation  of  non-  compliant  equipment  until  one  year  after  the  effective  date  of  these  rules.  Beginning 
 one  year  after  the  effective  date  of  these  rules,  we  will  require  new  equipment  installations  to  comply  with  the  new  requirements  pertaining  to  Channels  75  and  76.  Given  that  no  manufacturers  commented  on 
 these  equipment  issues,  we  have  no  reason  to  believe  that  this  approach  will  leave  manufacturers  with  stranded  inventory.  Finally,  we  decline  to  narrowband  channels  75  and  76  because,  as  noted  by  the 
 USCG,  this  conversion  could  potentially  affect  the  interoperability  of  existing  equipment  with  new  equipment.  98 

 G.  Digital  Selective  Calling  Equipment 
 26.  The  Commission  proposed  in  the  FNPRM,  based  on  a  USCG  recommendation  supported  by  RBAW,  to  amend  section  80.225  of  its  rules,  99  which  sets  forth  the  requirements  for  selective  calling 

 equipment,  to  incorporate  the  RTCM  Special  Committee  101s  Recommended  Practices  for  Digital  Selective  Calling  Equipment  Design  and  Implementation.  100  Commenters  were  asked,  inter  alia,  to 
 consider  whether  further  amendments  to  section  80.225  are  warranted  in  light  of  continued  revisions  to  DSC  requirements  under  consideration  by  both  the  ITU  and  the  IEC.  101  The  unanimous  view  of  the 
 commenters  was  that  we  should  defer  amending  section  80.225  until  the  adoption  of  ITU  Recommendation  ITU-  R  M.  493-  11.  102  After  these  comments  were  filed,  the  ITU  completed  its  revisions 

 93  USCG  Comments  (WT  00-  48)  at  4;  RBAW  Comments  at  1. 
 94  USCG  Comments  (WT  00-  48)  at  4-  5. 
 95  GMDSS  FNPRM,  17  FCC  Rcd  at  6784    118. 
 96  Id. 
 97  The  USCG  did  state  that  the  Commission  has  traditionally  grandfathered  existing  equipment  for  a  considerable 
 period  of  time  after  imposition  of  a  new  requirement,  and  that  the  USCG  supports  similar  treatment  here  for  existing  VHF  FM  equipment.  USCG  Comments  (WT  00-  48)  at  4-  5. 

 98  USCG  Comments  (WT  00-  48)  at  5. 
 99  47  C.  F.  R.    80.225. 
 100  GMDSS  FNPRM,  17  FCC  Rcd  at  6784,    119. 
 101  Id.  at  6784-  85,    119. 
 102  USCG  Comments  (WT  00-  48)  at  5;  RTCM  Comments  at  2;  RBAW  Reply  Comments  at  2.  RBAW  initially  took 
 the  position  that  we  should  implement  the  proposed  amendment  of  Section  80.  225  immediately.  RBAW  Comments  (continued....) 
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 to  both  Recommendation  ITU-  R  M.  493  and  Recommendation  ITU-  R  M.  541,  and  the  IEC  adopted  its  Class  D  standard  62238  for  DSC  equipment.  In  light  of  these  developments,  we  are  requesting  comment 
 in  the  GMDSS  2  nd  FNPRM  on  whether  we  should  amend  section  80.225  to  incorporate  ITU  Recommendation  ITU-  R  M.  493-  11,  ITU  Recommendation  ITU-  R  M.  541-  9,  and  possibly  IEC  62238.  103 

 H.  Distress  Call  and  Message  Transmission  Procedures 
 27.  Background.  Sections  80.320  through  80.326  of  the  Commissions  rules  provide  the  radiotelephone  and  radiotelegraph  distress  call  and  message  transmission  procedures.  104  Sections  80.327 

 through  80.329  describe  urgency  signals  and  messages,  and  safety  signals.  105  In  the  FNPRM,  the  Commission  sought  further  comment  on  a  Task  Force  recommendation  to  revise  these  sections  to 
 incorporate  DSC  and  GMDSS  procedures.  106  The  Commission  noted  that  its  existing  distress  call  and  message  transmission  procedures  were  consistent  with  international  procedures,  and  that  the  ITU  was 
 expected  to  soon  address  the  issue  of  whether  there  is  still  a  need  to  specify  radiotelegraph  distress  call  and  message  transmission  procedures  in  the  international  Radio  Regulations.  107  The  Commission 
 accordingly  questioned  whether  it  should  await  the  results  of  the  international  deliberations  before  making  any  changes  in  sections  80.320  to  80.329.  108 

 28.  Discussion.  After  reviewing  the  scant  record  on  this  issue,  we  conclude  that,  at  this  time,  we  should  amend  sections  80.320  through  80.329  to  eliminate  the  references  to  radiotelegraph  operation, 
 including  the  international  radiotelegraph  distress  frequencies  500  kHz  and  8364  kHz.  109  In  the  GMDSS  R&  O,  the  Commission  concluded  that  it  should  delete  all  references  in  Part  80  to  500  kHz  and  8364  kHz 
 as  distress  and  safety  frequencies,  as  these  frequencies  are  not  currently  in  use.  110  At  that  time,  the  Commission  inadvertently  failed  to  delete  the  references  to  500  kHz  and  8364  kHz  in  section  80.329(  d)  of 
 the  rules.  111  We  rectify  that  oversight  here.  112  In  all  other  respects,  we  decline  to  revise  these  sections  further.  We  may  address  this  matter  in  a  future  proceeding  upon  the  completion  of  international 

 (...  continued  from  previous  page)  at  2.  In  its  Reply  Comments,  however,  RBAW  agreed  with  the  USCG  and  RTCM  that  it  is  appropriate  to  defer  any 
 amendment  of  Section  80.  225.  RBAW  Reply  Comments  at  2.  103 
 See    79,  infra.  104 
 47  C.  F.  R.    80.  320-  80.  326.  105 
 Id.    80.  327-  80.329.  106 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6785,    120.  107 
 Id.  108 
 Id.  109 
 See  Owen  Anderson  Comments  at  5  (recommending  that  the  Commission  amend  sections  80.  320-  80.329  to  eliminate  the  references  to  radiotelegraph  operation,  including  the  international  radiotelegraph  distress  frequencies 

 500  kHz  and  8364  kHz).  The  only  commenter  addressing  this  issue  beside  Owen  Anderson  is  the  USCG,  which  is  not  making  a  specific  recommendation  on  this  issue  at  this  time.  The  USCG  simply  observes  that  it  now  appears 
 unlikely  that  the  ITU  will  address  the  issue  of  distress  call  and  message  transmission  procedures  at  the  next  World  Radio  Conference,  and  thus  it  will  be  2006  or  later  before  the  ITU  radio  regulations  are  changed  regarding  this 
 matter.  The  USCG  indicates  that  it  believes  we  should  delete  some  of  these  provisions  from  the  Commissions  rules,  but  that  it  will  separately  propose  specific  language  to  accomplish  this.  USCG  Comments  (WT  00-  48)  at  6. 
 110  GMDSS  R&  O,  17  FCC  Rcd  at  6760,    45. 
 111  47  C.  F.  R.    80.  329(  d). 
 112  In  keeping  with  the  Commissions  determination  in  the  GMDSS  R&  O,  see  note  110,  supra,  we  will  delete  as 
 obsolete  all  remaining  references  to  the  500  kHz  and  8364  kHz  distress  frequencies  throughout  Part  80,  not  just  the  references  in  the  rules  governing  distress  call  and  message  transmission  procedures. 
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 30.  Discussion.  We  agree  with  the  commenters  that  INMARSAT-  E  EPIRBs  represent  an  important  tool  for  improving  maritime  safety  and  have  gained  international  acceptance,  and  that  we 
 should  authorize  their  use.  120  We  conclude  that  we  should  model  the  equipment  certification  process  for  INMARSAT-  E  EPIRBs  on  the  process  for  406-  406.1  MHz  EPIRBs,  as  set  forth  in  section  80.1061  of  the 
 Commissions  rules.  121  That  process  has  worked  well,  and  there  is  no  reason  it  should  not  be  adaptable  to  INMARSAT-  E  EPIRBs.  Accordingly,  as  a  starting  point,  we  will  incorporate  by  reference  IEC  61097-  5, 
 and  require  that  all  INMARSAT-  E  EPIRBs  meet  the  requirements  of  that  standard.  122  We  will  also  mandate,  as  we  do  with  respect  to  406-  406.1  MHz  EPIRBs  pursuant  to  section  80.1061(  b),  that 
 INMARSAT-  E  EPIRBs  have  a  121.5  MHz  homing  beacon,  consistent  with  the  recommendations  of  the  USCG,  the  Task  Force,  and  RTCM.  123  The  standards  for  121.5  MHz  beacons  are  incorporated  in  Annex 
 B  of  IEC  61097-  5,  and  we  will  require  all  INMARSAT-  E  EPIRBs  to  comply  with  Annex  B.  We  decline  to  adopt  the  remainder  of  the  conditions  proposed  by  the  USCG    regarding  a  strobe  light,  a  two-  step 
 means  of  activation,  compliance  with  RTCM  standards  for  automatic  activation,  and  the  capability  of  providing  regular  non-  manual  position  updates  after  the  beacon  floats  free    because  all  of  these 
 capabilities  are  already  incorporated  in  the  existing  standard,  and  we  see  no  reason  to  add  what  would  be  essentially  redundant  requirements.  With  regard  to  the  registration  database  requirement,  we  note  that 
 INMARSAT-  E  EPIRBs  must  be  registered  with  INMARSAT.  We  do  not  have  authority  to  direct  INMARSAT  to  make  changes  to  its  database,  and  we  have  no  reason  to  believe  that  its  database  is 
 deficient.  Finally,  we  decline  at  this  time  to  mandate  the  additional  requirements  124  and  testing  125  suggested  by  RTCM  because  we  have  no  reason  to  believe  that  the  testing  requirements  set  forth  in  IEC 
 61097-  5  are  not  sufficiently  rigorous.  However,  we  may  revisit  this  issue  if  circumstances  warrant. 

 120  See  USCG  Comments  (WT  00-  48)  at  6;  Task  Force  Comments  at  5;  RTCM  Comments  at  2;  RBAW  Comments 
 at  2;  Dr.  Schenk  of  America  LLC  Comments  at  1.  121 
 47  C.  F.  R.    80.  1061.  122 
 See  USCG  Comments  (WT  00-  48)  at  6;  RTCM  Comments  at  2;  RBAW  Comments  at  2;  contra,  Dr.  Schenk  of  America  LLC  Comments  at  1. 

 123  USCG  Comments  (WT  00-  48)  at  6;  Task  Force  Comments  at  5;  RTCM  Comments  at  2-  7;  accord  RBAW 
 Comments  at  2.  RTCM  notes  that  mandating  a  121.  5  MHz  homing  device  is  important  because  IEC  61097-  5  only  provides  for  an  optional  121.  5  MHz  homing  device.  RTCM  Comments  at  2. 

 124  RTCM  Comments  at  2-  7.  RTCM  recommends  specifically  that  we:  (1)  mandate  a  121.  5  MHz  homing  device, 
 since  it  is  only  optional  under  IEC  61097-  5;  (2)  specify  a  light  flash  rate  and  flash  duration  for  the  strobe  light;  (3)  not  include  any  special  requirement  for  a  special  manual  switch;  (4)  not  include  any  special  requirement  for 

 automatic  activation;  (5)  require  that  INMARSAT-  E  EPIRBs  be  equipped  with  a  Global  Navigation  Satellite  System  (GNSS)  receiver  to  ensure  regular  non-  manual  position  updates;  (6)  mandate  registration  of  the  INMARSAT-  E 
 EPIRBs,  as  was  done  with  406-  406.  1  MHz  EPIRBs;  (7)  mandate  a  USCG-  approved  float-  free  mechanism;  and  (8)  add  a  number  of  tests  to  the  certification  process  for  INMARSAT-  E  EPIRBs,  including  a  1  m  drop  test,  a  more 
 stringent  immersion  test,  a  test  of  the  self-  test  function,  a  humidity  test,  and  an  orientation  test.  Id.  125 
 RTCM  recommends,  for  example,  that  the  Commission  require  compliance  with  the  immersion  test  specified  in  the  RTCM  standards  (paragraph  A9.  0),  which  is  more  comprehensive  than  the  IEC  61097-  5  immersion  tests,  and 

 requires  storage  for  one  hour  at  65  degrees  Celsius,  immediately  followed  by  immersion  in  20  degrees  Celsius  water  for  48  hours.  RTCM  Comments  at  4.  Similarly,  it  notes  that,  while  IEC  61097-  5  includes  a  high-  temperature 
 thermal  shock  test,  the  RTCM  standards  (paragraph  A11.1)  include  both  this  test  and  a  low-  temperature  shock  test  where  the  EPIRB  has  been  stowed  at  -30  degrees  Celsius,  is  immediately  immersed  in  0  degrees  Celsius  water  and 
 is  required  to  operate.  RTCM  recommends  mandating  the  low-  temperature  shock  test.  Id.  Although  it  can  reasonably  be  posited  that  requiring  more  stringent  testing  may  result  in  EPIRBs  of  greater  durability,  RTCM  does 
 not  explain  why  the  IEC  standards  should  not  be  viewed  as  adequate,  especially  given  their  international  acceptance  and  endorsement  by  the  U.  S.  Coast  Guard,  and  offers  no  analysis  of  why  the  incremental  gains  in  EPIRB  durability 
 outweigh  the  (unquantified)  costs  of  mandating  the  additional  testing. 
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 31.  Before  submitting  an  application  to  the  Commission  for  certification  of  an  INMARSAT-  E  EPIRB,  applicants  must  have  the  device  certified  by  INMARSAT-  or  USCG-  recognized  test  facilities  to 
 ensure  compliance  with  both  the  Commissions  technical  requirements  and  USCG  environmental  and  operational  requirements,  and  secure  a  letter  from  the  USCG  that  states  that  the  radiobeacon  satisfies  all 
 requirements.  The  application  to  the  Commission  must  include  that  USCG  letter,  a  copy  of  the  technical  test  data,  and  the  instruction  manual(  s),  just  as  we  require  for  406-  406.1  MHz  EPIRBs.  126  Finally,  as 
 proposed  by  the  USCG,  we  will  amend  section  80.1085(  a)(  6)  to  mandate  annual  testing  of  INMARSAT-E  EPIRBs.  127 

 J.  Small  Passenger  Vessels 
 1.  DSC  Upgrades  of  VHF  and  MF  Radios 
 32.  Background.  In  the  FNPRM,  the  Commission  sought  further  comment  on  its  proposal  in  the  GMDSS  NPRM  128  to  amend  section  80.905(  a)(  1)-(  4)  of  its  rules,  129  which  sets  forth  the  equipment 

 requirements  applicable  to  small  passenger  vessels,  to  require  that  the  VHF  and  MF  radios  required  in  these  sections  be  DSC-  equipped.  130  The  USCG  and  Task  Force  concurred  in  the  FNPRM  proposal,  and 
 the  Task  Force  also  recommended  that  we  require  upgrades  to  VHF-  DSC  within  one  year  after  the  USCG  declares  Sea  Area  A1  operational,  and  to  MF-  DSC  within  one  year  after  the  USCG  declares  Sea  Area  A2 
 operational.  131  The  Commission  noted  in  the  FNPRM  that  this  rule  change  would  in  effect  impose  a  GMDSS  requirement  on  small  passenger  vessels,  which  are  not  covered  by  the  GMDSS  rules.  132 

 33.  Discussion.  After  reviewing  the  augmented  record,  we  conclude  that  we  should  amend  section  80.905(  a),  as  proposed,  to  require  the  inclusion  of  DSC  capability  in  the  VHF  and  MF  radios 
 already  mandated  by  the  rule.  133  Requiring  DSC  capability  in  the  VHF  and  MF  radio  equipment  carried  by  small  passenger  vessels  will  promote  maritime  safety  by  including  these  vessels  in  the  common 
 GMDSS  distress  and  safety  system,  benefiting  not  only  the  operators,  crew  and  passengers  of  small  passenger  vessels,  but  all  GMDSS  participating  vessels.  134 

 34.  The  USCG  and  the  Task  Force  reiterate  their  strong  support  for  this  proposal,  noting  the  important  safety  benefits  of  mandating  a  DSC  upgrade  for  the  VHF  and  MF  radio  equipment  carried  on 
 small  passenger  vessels.  135  We  note  that  the  only  commenter  opposing  this  proposal,  PVA,  does  not 
 126  See  47  C.  FR.    80.  1061(  c)-(  d). 
 127  We  note  that  no  commenters  specifically  addressed  the  annual  testing  proposal.  We  agree  with  the  USCG  that 
 annual  testing  is  appropriate  because  we  can  discern  no  principled  basis  for  treating  INMARSAT-  E  EPIRBs  differently  from  406-  406.  1  MHz  EPIRBs  in  this  regard. 

 128  GMDSS  NPRM,  Appendix  A,  15  FCC  Rcd  at  5984. 
 129  47  C.  F.  R.    80.  905(  a)(  1)-(  4). 
 130  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6786,    122. 
 131  See  id. 
 132  Id. 
 133  We  also  agree  with  the  USCG  that  the  class  of  DSC  equipment  needs  to  be  specified,  and  we  will  amend  the 
 rules  to  require  that  the  DSC-  equipped  radios  required  by  this  section  meet  ITU-  R  Rec.  M.  493  (series)  Class  A,  B  or  D  for  VHF  and  Class  A,  B  or  E  for  MF. 

 134  According  to  the  USCG,  IMO  organizations  have  recognized  the  value  of  GMDSS  techniques  (suitably  scaled 
 for  other  than  mandatory  equipped  GMDSS  vessels)  in  enhancing  maritime  safety.  USCG  Comments  (WT  00-  48)  at  6-  7. 

 135  USCG  Comments  (WT  00-  48)  at  6;  Task  Force  Comments  at  5.  See  also  Neuman  Comments  at  2  (  The  SOLAS 
 requirement  is  better  served  by  requiring  all  ships  that  carry  passengers  (including  the  Charter  Boat  Industry)  to  have  (continued....) 
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 directly  dispute  the  significant  public  safety  benefits  this  rule  change  will  provide.  136  PVA  believes,  however,  that  the  benefits  are  outweighed  by  the  costs.  137  We  do  not  lightly  impose  what  are  GMDSS 
 requirements  on  vessels  not  required  by  the  SOLAS  Convention  to  meet  those  requirements.  PVA  contends  that  instead  of  imposing  what  are  GMDSS-  derived  equipment  requirements  on  vessels  exempt 
 from  GMDSS  requirements  under  SOLAS,  the  Commission  should  broaden  the  exemption  to  cover  all  passenger-  carrying  vessels,  irrespective  of  size,  that  operate  in  protected  waterways,  such  as  harbors,  bays 
 and  waterways  covered  by  Vessel  Traffic  Systems  (VTS).  138  However,  we  do  not  believe  the  costs  incurred  by  the  small  passenger  industry  to  comply  with  the  DSC  requirement  will  be  significant.  We 
 note  in  this  regard  that,  pursuant  to  section  80.203(  n)  of  the  Commissions  rules,  139  all  VHF  and  MF  marine  radio  transmitters  submitted  for  equipment  authorization  on  or  after  June  17,  1999  must  have  DSC 
 capability.  Further,  we  adopt  the  Task  Forces  proposal  to  defer  the  requirement  to  upgrade  VHF  equipment  to  DSC  until  one  year  after  the  USCG  declares  Sea  Area  A1  operational,  and  to  defer  the 
 requirement  to  upgrade  MF  equipment  to  DSC  until  one  year  after  the  USCG  declares  Sea  Area  A2  operational.  140  We  agree  with  the  USCG  that  giving  the  small  passenger  vessel  industry  notice  at  this 
 time  of  requirements  that  will  not  take  effect  until  one  year  after  Sea  Area  A1  and  Sea  Area  A2  become  operational  will  allow  for  the  orderly  procurement  and  installation  of  equipment,  if  necessary.  141 

 2.  DSC  Upgrades  for  Single  Sideband  (SSB)  Radios 
 35.  Background.  Section  80.905  also  specifies  that  small  passenger  vessels  operating  more  than  100  nautical  miles  from  shore  must  carry  SSB  radios.  142  In  the  FNPRM,  the  Commission  sought 

 comment  on  the  USCGs  recommendation  that  newly  fitted  SSB  radios  required  by  these  sections  be  DSC-  equipped  in  accordance  with  ITU-  R  Rec.  (series)  M.  493  Class  A,  B  or  E.  143  The  USCG  reasoned 
 that  this  proposed  DSC  requirement  was  warranted  because  ships  operating  on  an  HF  transceiver  may  not  be  able  to  reliably  contact  the  USCG  on  these  radios  in  an  emergency  due  to  a  lack  of  coast  stations 
 receiving  such  transmissions,  whereas  the  USCG  has  implemented  HF-  DSC  capability  at  various  coast  communications  stations.  144 

 36.  Discussion.  Based  on  the  present  record,  we  amend  section  80.905  to  require  that  vessels 
 (...  continued  from  previous  page)  DSC  equipment  that  meets/  exceeds  the  Sea  Area  A1  and/  or  A2  [sic].  DSC  transmission  will  get  through  when  voice 
 transmission  will  not.).  136 
 See  PVA  Comments  at  1-  2.  We  have  nothing  in  the  record  to  quantify  the  compliance  costs  that  will  be  incurred  by  small  passenger  vessels,  even  though  the  Commission  specifically  inquired  about  the  propriety  of  imposing  this 

 requirement  on  small  passenger  vessels  in  the  FNPRM.  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6786,    122.  137 
 PVA  asserts  that  the  vast  majority  of  U.  S.  passenger  vessel  operating  companies  are  small  businesses,  and  many  can  be  characterized  as  mom  and  pop  operations.  PVA  Comments  at  1. 

 138  To  the  extent  that  PVAs  intention  is  to  actually  propose  such  a  relaxation  of  the  scope  of  the  GMDSS 
 requirements,  we  believe  it  falls  outside  the  scope  of  the  FNPRM.  139 
 47  C.  F.  R.    80.  203(  n).  140 
 Task  Force  Comments  at  5.  141 
 USCG  Comments  (WT  00-  48)  at  6.  142 
 47  C.  F.  R.    80.905(  a)(  3)(  iii)(  A),  (4)(  iii)(  A).  143 
 See  GMDSS  FNPRM,  17  FCC  Rcd  at  6786,    123.  The  Commission  also  sought  comment  on  the  Task  Forces  assertion  that  vessels  operating  over  200  nautical  miles  from  shore  should  not  be  permitted  to  use  an  SSB  radio  in 

 lieu  of  the  HF-  DSC  channels  prescribed  for  GMDSS.  Id.  In  the  absence  of  any  comments  directly  addressing  this  issue,  we  decline  to  take  any  action. 
 144  See  id. 
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 operating  more  than  100  nautical  miles  from  shore  carry  DSC-  equipped  SSB  radios.  145  We  believe  that  the  same  safety  considerations  that  militate  in  favor  of  a  DSC  requirement  for  VHF  and  MF  radio 
 equipment  apply  equally,  if  not  more,  to  a  DSC  requirement  for  SSB  radios  on  vessels  traveling  more  than  100  nautical  miles  from  shore.  The  USCG,  the  only  party  directly  commenting  on  this  issue,  states 
 that,  as  in  the  case  of  VHF  and  MF  radio  equipment,  requiring  DSC  capabilities  in  SSB  equipment  is  warranted  because  the  benefits  of  DSC  techniques  and  the  enhanced  level  of  distress  alert  processing 
 over  existing  voice  radios  are  well  understood  and  accepted.  Utilizing  DSC  techniques  will  enable  the  mariner  to  alert  nearby  shipping  as  well  as  shore  facilities  that  have  already  ceased  guarding  SSB 
 frequencies.  146  No  party  has  opposed  the  proposal  or  attempted  to  quantify  the  costs  of  compliance.  On  this  record,  then,  we  believe  considerations  of  maritime  safety  must  be  given  paramount  weight.  To  give 
 affected  parties  sufficient  time  to  prepare  for  this  new  requirement,  we  will  defer  the  effective  date  until  one  year  after  the  effective  date  of  these  rules. 

 3.  INMARSAT  Ship  Earth  Stations 
 37.  Background.  Section  80.905  also  permits  ships  operating  more  than  100  nautical  miles  from  shore  to  carry  INMARSAT  ship  earth  stations  in  lieu  of  an  SSB  radio.  147  The  USCG  recommended  that 

 we  revise  section  80.905  to  limit  the  ship  earth  stations  authorized  by  that  section  to  INMARSAT  A  (existing  units  only),  B,  C  or  M.  148  The  USCG  reasoned  that  such  a  requirement  is  necessary  because  the 
 other  INMARSAT  units  available  for  purchase  do  not  have  distress  calling  functions.  149  The  Commission  invited  comment  on  this  proposal.  150 

 38.  Discussion.  Based  on  the  record  evidence,  we  limit  the  types  of  INMARSAT  earth  stations  that  may  be  carried  in  lieu  of  the  SSB  otherwise  required  under  the  rule,  as  proposed  by  the  USCG.  151 
 Limiting  the  earth  stations  authorized  by  section  80.  905  to  INMARSAT  A  (existing  units  only),  B,  C  or  M  earth  stations  represents  a  reasonable  compromise  between  tightening  the  existing  rule  for  safety 
 reasons  while  according  a  limited  measure  of  flexibility  to  small  passenger  vessel  operators  in  meeting  the  requirement.  In  addition,  we  note  that  the  IMO  now  accepts  the  INMARSAT  F-  77  earth  station  as 
 meeting  GMDSS  requirements,  and  the  IEC  has  published  certification  standard  61097-  13  for  the  INMARSAT  F-  77.  We  invite  comment  in  the  GMDSS  2  nd  FNPRM  on  whether  to  add  the  INMARSAT  F-77 
 to  the  list  of  earth  stations  that  may  be  used  in  lieu  of  an  SSB  radio  pursuant  to  section  80.905.  152 

 145  Such  vessels  are  not  relieved  of  the  requirement  to  also  carry  a  DSC-  equipped  VHF  or  MF  radio  pursuant  to  the 
 amendment  in  this  order  of  Section  80.  905(  a)(  1).  146 
 USCG  Comments  (WT  00-  48)  at  7.  147 
 47  C.  F.  R.    80.905(  a)(  3)(  iii)(  B),  (4)(  iii)(  B).  148 
 See  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    124.  149 
 See  id.  150 
 Id.  151 
 The  Task  Force  recommends  that  we  add  the  INMARSAT  Mini-  M  to  the  list  of  approved  ship  earth  stations.  Task  Force  Comments  at  5.  We  decline  to  do  so  because  the  INMARSAT  Mini-  M  does  not  have  the  distress  alert 

 processing  capabilities  that  we  believe  should  be  included  in  any  ship  earth  station  that  is  intended  for  use  in  lieu  of  an  SSB  radio.  We  note,  in  this  regard,  that  the  USCG  continues  to  adhere  to  the  view  that  only  INMARSAT  A 
 (existing  units  only),  B,  C,  or  M  earth  stations  should  be  permitted  because  of  their  superior  ability  to  ensure  priority  processing  of  distress  messages.  USCG  Comments  (WT  00-  48)  at  7.  Neuman,  on  the  other  hand,  contends  that 
 INMARSAT  M  earth  stations  should  be  removed  from  the  list  because  of  the  same  concern  to  ensure  priority  processing  of  distress  messages.  Neuman  Comments  at  2. 

 152  See    80,  infra. 
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 4.  Reserve  Power  Supplies 
 39.  Section  80.905  of  the  Commissions  rules  mandates  that  vessels  required  to  carry  SSB  radios  must  also  carry  reserve  power  supplies  capable  of  powering  SSB  radios.  153  In  order  to  maintain 

 consistency  with  changes  to  section  80.1099,  which  concerns  the  testing  of  battery  chargers,  the  USCG  proposed  the  addition  of  the  words  including  the  navigation  receiver  referred  to  in    80.905(  a)(  5)  at  the 
 end  of  these  subparagraphs.  154  The  Commission  invited  comment  on  this  proposal.  The  USCG  was  the  sole  commenter  addressing  this  issue,  and  it  continues  to  urge  Commission  adoption  of  its  proposal  for 
 reserve  power  supplies.  155  The  USCG  reasons  that  [  e]  nsuring  that  certain  equipment  has  a  reliable  source  of  power  during  an  emergency  can  only  improve  the  safety  of  all  concerned.  156  We  agree,  and  we 
 accordingly  amend  the  rule  to  extend  the  reserve  power  supply  requirement  to  the  navigation  receiver. 
 5.  Updating  Position  Information 
 40.  The  Commission  sought  comment  on  a  USCG  proposal  to  add  a  new  paragraph  (a)(  5)  to  section  80.905,  to  state  All  vessels  must  additionally  meet  the  requirements  of  section  80.1085(  e).  157 

 The  USCG  reasoned  that  the  same  requirements  for  updating  position  information  used  in  automated  distress  alerting  systems,  as  proposed  by  the  Commission  in  section  80.1085,  are  applicable  to  this  section 
 as  well.  158  The  Commission  sought  public  comment  on  this  proposal,  noting  that  the  proposed  rule  change  would  impose  a  GMDSS  requirement  on  these  small  passenger  vessels.  159  The  USCG  reiterates 
 its  support  for  this  rule  change,  explaining  that  [  h]  aving  updated  position  information  will  enable  the  Coast  Guard  to  locate  distressed  mariners  in  a  more  timely  manner    [and]  better  utilize  its  limited  assets 
 in  a  more  efficient  and  fiscally  responsible  manner.  160  We  adopt  this  requirement  because  it  will  enhance  maritime  safety.  No  party  specifically  opposed  this  proposal  or  introduced  evidence  that  the 
 costs  of  compliance  with  this  requirement  would  outweigh  its  benefits. 
 K.  GMDSS  Rules 
 1.  Dedicated  Radio  Operator  During  Distress  Situations 
 41.  Background.  In  the  FNPRM,  the  Commission  invited  comment  on  a  USCG  proposal  to  add  to  section  80.1073  of  the  rules  161  a  specific  requirement  that  on  passenger  ships,  at  least  one  qualified 

 person  must  be  assigned  to  perform  only  radio  communications  duties  during  distress  situations.  162  The  Commission  asked  commenters  to  consider  whether  the  proposed  amendment  was  necessary  in  light  of 
 the  existing  rule,  which  mandates  that  a  qualified  GMDSS  radio  operator  be  available  to  act  as  a 

 153  47  C.  F.  R.    80.905(  a)(  3)(  iv),  (4)(  iv). 
 154  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    125. 
 155  USCG  Comments  (WT  00-  48)  at  7. 
 156  Id. 
 157  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    125.  The  correct  reference  is  to  47  C.  F.  R.    80.  1085(  c)  (as  amended  by 
 the  GMDSS  R&  O),  rather  than  47  C.  F.  R.    80.  1085(  e).  158 
 See  id.  159 
 Id.  160 
 USCG  Comments  (WT  00-  48)  at  7.  161 
 47  C.  F.  R.    80.  1073.  162 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    126. 
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 capability  for  two-  way  radiocommunications  with  aircraft  using  the  aeronautical  frequencies  121.5  and  123.1  MHz  offers  no  potential  safety  benefits  to  vessels  on  domestic  voyages.  We  believe  that  the  ability 
 to  communicate  with  helicopters  or  other  aircraft  involved  in  search  and  rescue  operations  could  save  lives  where,  for  example,  a  passenger  vessel  catches  fire  and  is  exuding  thick  smoke  on  an  inland 
 waterway.  Further,  we  do  not  believe  that  adopting  this  requirement  in  the  Part  80  rules  imposes  a  new  compliance  cost  on  passenger  vessels  since  the  requirement  was  imposed  internationally  well  before  the 
 release  of  this  order.  In  addition,  because  the  safety  benefits  of  this  requirement  are  not  dependent  on  GMDSS  implementation,  and  because  passenger  vessels  are  already  required  to  have  this  capability  under 
 SOLAS,  there  is  no  reason  to  defer  the  effective  date  of  this  requirement  to  one  year  after  Sea  Area  A1  or  Sea  Area  A2  implementation,  as  we  have  done  with  some  of  the  other  requirements  adopted  herein  in  the 
 interest  of  reducing  compliance  costs.  180  However,  we  believe  it  is  appropriate  to  defer  the  effective  date  for  this  requirement  for  some  shorter  period  in  order  to  mitigate  the  compliance  costs  for  small  passenger 
 vessel  operators.  Accordingly,  we  will  make  this  requirement  effective  six  months  after  publication  of  the  amended  rule  in  the  Federal  Register. 

 L.  Electronic  Mail  (E-  Mail)  Requests 
 47.  In  the  FNPRM,  the  Commission  solicited  comment  on  a  Task  Force  proposal  to  allow  e-  mail  as  a  permitted  mode  for  making  official  requests  and  reports  required  under  Part  80  of  the  Commissions 

 rules.  181  The  Commission  asked  commenters  to  explain  why  it  should  adopt  a  rule  on  electronic  filing  that  is  specific  to  Part  80,  instead  of  addressing  the  issue  more  broadly.  182  In  response,  the  commenters 
 uniformly  urge  that  we  permit  e-  mail  submissions.  183  The  USCG  avers  that  allowing  the  use  of  e-  mail  for  submissions  to  the  Commission  would  ensure  more  timely  reporting,  ease  paperwork  burdens,  and 
 potentially  result  in  significant  cost  savings.  184  Maritel  adds  that  the  Commission  should  expand  the  capabilities  of  its  Universal  Licensing  System  (ULS)  to  accommodate  Part  80-  related  reports  and 
 requests.  185  We  agree  with  the  commenters  that  electronic  filing,  including  e-  mail  submissions,  offer  potentially  significant  efficiency  and  cost  advantages  over  paper  filing,  especially  now  that  mailings  to 
 the  Commission  undergo  irradiation.  The  Commission  is  actively  pursuing  ways  in  which  to  expand  electronic  filing  opportunities,  including  e-  mail  submissions,  and  we  will  certainly  take  account  of  the 
 needs  and  wishes  of  the  maritime  community  as  we  continue  this  effort.  At  this  time,  however,  we  decline  to  adopt  a  Part  80-  specific  rule  for  electronic  filing  because  we  believe  this  issue  is  one  of 
 Commission-  wide  applicability,  equally  affecting  licensees  in  a  number  of  different  services.  We  note,  moreover,  that  applications  186  for  Part  80  licenses  may  be  filed  in  ULS  already,  on  FCC  Form  605.  187  To 
 the  extent  that  commenters  or  other  members  of  the  marine  radio  community  wish  to  avail  themselves  of 

 180  See  para.  34,  supra. 
 181  GMDSS  FNPRM,  17  FCC  Rcd  at  6788,    129. 
 182  Id. 
 183  USCG  Comments  (WT  00-  48)  at  8;  Task  Force  Comments  at  5;  Maritel  Comments  (WT  00-  48)  at  8. 
 184  USCG  Comments  (WT  00-  48)  at  8. 
 185  Maritel  Comments  (WT  00-  48)  at  8. 
 186  At  present,  ULS  does  not  have  the  capability  of  processing  pleadings,  such  as  petitions  to  deny,  for  any  of  the 
 wireless  services.  See  Certain  Actions  Provided  For  in  the  Commissions  Rules  Are  Not  Yet  Available  for  Electronic  Filing  Via  the  Universal  Licensing  System  (ULS)  and  Must  Be  Filed  Manually,  Public  Notice,  16  FCC 

 Rcd  12886  (2001).  187 
 On  March  18,  2003,  as  part  of  an  ongoing  effort  to  enhance  ULS,  the  Wireless  Telecommunications  Bureau  implemented  online  filing  for  ship  exemptions.  See  Wireless  Telecommunications  Bureau  Will  Implement  Online 

 Filing  for  Ship  Exemptions  in  the  Universal  Licensing  System  Beginning  March  18,  2003,  Public  Notice,  18  FCC  Rcd  4952  (2003). 
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 e-  mail  submissions  of  particular  types  of  documents  that  are  neither  covered  by  ULS  nor  required  by  rule  to  be  filed  in  paper  with  the  Office  of  the  Secretary,  we  suggest  they  contact  appropriate  staff  of  the 
 Wireless  Telecommunications  Bureau  (Bureau)  to  determine  if  they  can  be  accommodated  through  informal  arrangements. 

 M.  Tabular  Listings  of  Part  80  Frequencies 
 48.  Background.  In  the  FNPRM,  the  Commission  questioned  whether  it  should  continue  the  practice  of  listing  carrier  frequencies  rather  than  assigned  frequencies  in  the  frequency  tables  in  Part  80  of 

 its  rules.  188  It  noted  that,  although  the  carrier  frequency  is  the  frequency  actually  used  by  a  licensee,  the  assigned  frequency,  which  differs  from  the  carrier  frequency  when  emissions  with  a  suppressed  carrier 
 are  transmitted,  is  the  frequency  identified  on  the  license.  189  Expressing  concern  that  listing  carrier  frequencies  alone  may  lead  to  some  confusion,  the  Commission  asked  commenters  to  address  the  relative 
 benefits  of  listing  carrier  frequencies,  assigned  frequencies  or  both  frequencies  in  the  Part  80  tables.  190 
 49.  Discussion.  Given  that  the  three  commenters  addressing  this  issue  propose  three  very  different  solutions,  we  believe  that  changing  the  current  practice  of  listing  carrier  frequencies  in  the  Part 

 80  tables  would  probably  engender  more  confusion  than  maintaining  the  status  quo.  The  USCG  states  that  both  the  tables  and  licenses  should  include  both  assigned  frequencies  and  carrier  frequencies,  191 
 while  RBAW  recommends  that  we  continue  to  list  the  carrier  frequency  because  it  is  more  meaningful  for  most  users  of  SSB  radios.  192  Owen  Anderson  argues  that  the  Commission  should  list  the  carrier 
 frequency  for  SSB  voice  frequencies  but  we  should  list  the  assigned  frequency  for  SITOR  (Simplex  Teletype  Over  Radio)  frequencies,  193  inasmuch  as  this  is  the  way  the  frequency  display  table  works  on 
 most  equipment.  194  We  agree  with  RBAW  that  the  Commission  should  continue  to  use  the  carrier  frequency  in  the  Part  80  tables.  The  USCGs  preferred  approach  of  listing  both  frequencies  would  make 
 the  tables  cumbersome,  and  could  as  easily  result  in  more  instances  of  a  licensee  using  the  wrong  frequency.  195  We  also  believe  it  could  be  more  confusing  to  list  carrier  frequencies  in  some  tables  and 
 assigned  frequencies  in  other  tables.  Under  the  current  approach,  licensees  can  be  sure  that  the  frequency  listed  is  always  the  carrier  frequency.  196  Maintaining  the  existing  practice  promotes  regulatory  stability 
 and  avoids  any  additional  confusion  that  might  be  engendered  among  those  licensees  who  might  only  belatedly  become  aware  of  any  change  in  the  practice.  Importantly,  we  have  no  evidence  that  our  current 
 practice  has  resulted  in  actual  confusion  and  unauthorized  operations  to  any  appreciable  degree.  197  Accordingly,  we  will  continue  to  list  carrier  frequencies  in  the  Part  80  tables  of  frequencies. 

 188  GMDSS  FNPRM,  17  FCC  Rcd  at  6788,    130. 
 189  Id. 
 190  Id. 
 191  USCG  Comments  (WT  00-  48)  at  8. 
 192  RBAW  Comments  at  2. 
 193  SITOR  is  another  name  for  narrow-  band  direct-  printing  (NBDP),  an  automated  direct  printing  service. 
 194  Owen  Anderson  Comments  at  6. 
 195  Owen  Anderson  also  asserts  that  it  would  be  confusing  to  list  both  the  carrier  and  the  assigned  frequencies.  Id. 
 196  We  note,  moreover,  that  our  tables  very  clearly  identify  the  frequencies  as  carrier  frequencies  at  the  top  of  the 
 relevant  column.  See,  e.  g.,  47  C.  F.  R.    80.  313,  80.  374(  b)(  2),  (c)(  2),  80.  379(  a).  197 
 The  USCG  speaks  of  the  potential  for  engendering  confusion  and  operation  on  an  authorized  frequency.  USCG  Comments  (WT  00-  48)  at  8  (emphasis  added).  Although  the  USCG  says  the  potential  for  confusion  is 

 increasing  due  to  turnover  in  licensed  radio  personnel,  it  also  notes  that  more  modern  equipment  has  somewhat  compensated.  Id. 
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 N.  Examination  Requirements  for  GMDSS  Operators 
 50.  Background.  Currently,  section  13.203(  a)(  5)  of  the  Commissions  rules  provides  that  the  written  examination  for  Commercial  Operator  Licensing  Examination  Element  7,  GMDSS  radio 

 operating  practices,  is  to  consist  of  seventy-  six  questions.  198  In  the  FNPRM,  the  Commission  proposed  to  increase  the  number  of  questions  in  the  Element  7  examination  to  100  because  it  believed  a  100-  question 
 examination  would  provide  a  better  assessment  of  whether  applicants  have  the  necessary  breadth  of  knowledge  to  qualify  as  a  GMDSS  operator.  199  In  addition  to  inviting  comment  on  this  proposal,  the 
 Commission  invited  suggestions  regarding  the  appropriate  number  of  questions  for  the  written  examination  for  new  Element  7R  that  will  be  associated  with  the  restricted  GMDSS  Radio  Operators 
 License  that  was  established  in  the  GMDSS  R&  O.  200 
 51.  Discussion.  Based  on  the  record  evidence,  we  adopt  the  proposal  to  expand  the  Element  7  examination  to  100  questions,  and  specify  that  the  examination  for  Element  7R  shall  consist  of  fifty 

 questions  drawn  from  a  300-  question  pool.  Both  of  these  decisions  comport  with  the  consensus  view  of  the  commenters.  201  We  believe  that  a  100-  question  examination  is  more  appropriate  than  a  76-  question 
 examination  for  Element  7,  given  the  scope  and  complexity  of  the  GMDSS  radio  operating  procedures.  We  also  note  that  the  Bureaus  Public  Safety  and  Private  Wireless  Division  (PSPWD)  has  already 
 permitted  the  use  of  100-  question  examinations  pursuant  to  waiver,  202  and  our  positive  experience  with  such  examinations  indicates  that  it  will  serve  the  public  interest  to  make  the  100-  question  examination 
 mandatory  rather  than  permissive.  We  further  believe  that  a  fifty-  question  examination  drawn  from  a  pool  of  300  questions  is  appropriate  for  Element  7R  given  the  more  limited  authority  conveyed  by  a 
 Restricted  GMDSS  Radio  Operators  License  vis-  -  vis  the  (unrestricted)  GMDSS  Radio  Operators  License.  In  keeping  with  traditional  practice,  we  will  consult  closely  with  the  USCG  in  developing  the 
 question  pool,  and  we  will  announce  the  availability  of  the  question  pool  by  Public  Notice.  203 
 O.  Cross-  references 
 52.  The  Commission  noted  in  the  FNPRM  that  section  80.1103  of  its  rules  204  contains  cross-references  to  sections  2.975  and  2.983,  both  of  which  were  deleted  effective  October  5,  1998.  205  The 

 198  47  C.  F.  R.    13.203(  a)(  5). 
 199  GMDSS  FNPRM,  17  FCC  Rcd  at  6789,    131. 
 200  Id.  (citing  GMDSS  R&  O,  17  FCC  Rcd  at  6749,    13).  Commenters  were  also  invited  to  propose  language  to 
 include  in  Section  13.  203  prescribing  the  matters  to  be  covered  by  the  Element  7R  questions.  Id.  None  of  the  commenters  responded  to  that  invitation. 

 201  USCG  Comments  (WT  00-  48)  at  8  (supporting  a  100-  question  examination  for  Element  7  and  an  examination  of 
 no  less  than  fifty  questions  for  Element  7R);  Task  Force  Comments  at  6  (reiterating  its  support  for  a  single  examination  to  satisfy  both  FCC  and  USCG  GMDSS  requirements  and  recommending  that  the  examination  for 

 Element  7R  consist  of  fifty  questions  drawn  from  a  300-  question  pool);  Owen  Anderson  Comments  at  6  (agreeing  that  the  Element  7  examination  should  have  100  questions,  and  observing  that  the  USCG  has  approved  a  Restricted 
 GMDSS  STCW  Model  Course  which  provides  for  a  written  examination  of  fifty  questions  drawn  from  a  pool  of  300  questions). 
 202  See  National  Radio  Examiners,  Request  for  Waiver  of  Section  13.  203  of  the  Commissions  rules,  Order,  17  FCC 
 Rcd  50  (2001)  (NRE  Waiver  Order).  Pursuant  to  the  reorganization  of  the  Wireless  Telecommunications  Bureau,  PSPWD  no  longer  exists,  but  many  of  its  functions,  including  oversight  of  the  commercial  radio  operator  license 

 examination  rules  and  procedures,  have  been  assumed  by  the  Public  Safety  and  Critical  Infrastructure  Division.  203 
 See  47  C.  F.  R.    13.  215.  204 
 47  C.  F.  R.    80.  1103.  205 
 GMDSS  FNPRM,  17  FCC  Rcd  at  6789,    132. 
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 Commission  requested  comment  on  how  best  to  revise  section  80.  1103  to  reflect  the  deletion  of  the  two  Part  2  rules,  and  also  asked  commenters  to  identify  any  other  rules  in  Part  80  that  may  have  obsolete  or 
 inaccurate  cross-  references.  206  We  received  no  responsive  comments.  Accordingly,  we  amend  subparagraphs  (b)  and  (c)  of  section  80.1103  to  remove  the  references  to  old  sections  2.983  and  2.975, 
 respectively,  and  to  instead  require  compliance  with  section  2.1033  (governing  applications  for  certification  of  equipment)  207  or  sections  2.953  and  2.955  (governing  requirements  for  parties  seeking 
 authorization  of  equipment  under  the  verification  procedures),  208  as  appropriate.  We  also  amend  section  80.1061  of  the  Commissions  rules  209  to  remove  an  obsolete  reference  to  deleted  section  2.  1003,  and 
 replace  it  with  a  reference  to  sections  2.925  and  2.926,  210  the  current  Part  2  rules  governing  equipment  identification.  We  are  unaware  of  any  other  obsolete  or  inaccurate  cross-  references  that  need  to  be 
 addressed. 
 IV.  VHF  PUBLIC  COAST  STATIONS  SIXTH  REPORT  AND  ORDER 
 A.  Distress  Communications 
 53.  Background.  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.  211  Under  section 

 80.303(  b),  we  exempt  a  VPC  licensee  if  a  federal,  state,  or  local  government  station  maintains  such  a  watch  over  ninety-  five  percent  of  the  VPC  licensees  service  area.  212  In  the  VPC  4  th  FNPRM,  the 
 Commission  invited  comment  on  proposals  by  Maritel  and  the  USCG  regarding  watch  requirements  for  Channel  16,  the  VHF  distress  communications  channel.  213  Maritel  suggested  that  the  Commission  amend 
 its  regulations  to  require  geographic  area  VPC  licensees  to  maintain  a  Channel  16  safety  watch  only  after  (1)  expiration  of  the  licensees  construction  requirement  or  construction  of  the  licensees  facilities  in  an 
 area;  and  (2)  the  licensee  receives  written  notification  from  the  Coast  Guard  to  maintain  a  watch.  214  The  Commission  tentatively  concluded  that  Maritels  first  proposed  condition  was  unnecessary  because  the 
 existing  rules  require  a  VPC  licensee  to  maintain  a  watch  during  a  stations  hours  of  operation.  215  According  to  the  Commission,  the  phrase  hours  of  operation  implied  that  a  licensee  is  subject  to  watch 
 requirements  only  when  there  is  a  fully  constructed  station.  216  The  Commission  further  stated  that,  given  the  important  safety  purposes  underlying  the  Channel  16  watch  requirement,  it  was  appropriate  to  impose 
 on  VPC  licensees  the  responsibility  to  immediately  initiate  and  maintain  the  watch,  rather  than  to  wait  for  written  notification  from  the  Coast  Guard.  The  Commission  sought  comment  on  its  tentative  conclusion 

 206  Id. 
 207  47  C.  F.  R.    2.  1033. 
 208  Id.    2.  953,  2.955 
 209  Id.    80.  1061. 
 210  Id.    2.  925,  2.926. 
 211  Id.    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  (1994). 

 212  47  C.  F.  R.    80.303(  b). 
 213  VPC  4  th  FNPRM,  17  FCC  Rcd  at  231-  32,    6-  8. 
 214  See  id.  at  231,    6. 
 215  Id.  at  231,    7  (citing  47  C.  F.  R.    80.  303). 
 216  Id. 
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 to  reject  Maritels  recommendation.  217 
 54.  The  USCG  recommended  that  we  require  VPC  licensees  to  notify  it  in  advance  of  any  station  relocation  that  will  affect  the  licensees  VHF  Channel  16  safety  watch  responsibility.  218  Maritel 

 recommended  that  when  a  VPC  licensee  discontinues  service,  and  such  licensee  is  providing  a  watch  under  section  80.303  of  the  Commissions  rules,  219  we  should  require  the  licensee  to  notify  the  Coast 
 Guard  thirty  days  in  advance  of  such  discontinuance.  220  The  Commission  tentatively  concluded  that  adoption  of  these  recommendation  was  unnecessary  because  VPC  licensees  already  must  notify  the 
 nearest  district  office  of  the  Coast  Guard  thirty  days  prior  to  discontinuing  the  watch  pursuant  to  the  section  80.303  exemption,  221  and  as  soon  as  practicable  when  changes  occur  in  the  operation  of  a  public 
 coast  station,  including  discontinuance,  reduction  or  suspension  of  a  VHF  Channel  16  safety  watch.  222  Nevertheless,  the  Commission  proposed  to  amend  section  80.302(  a)  to  make  explicit  that  the  rule  also 
 requires  notification  to  the  Coast  Guard  as  soon  as  practicable  when  a  VPC  station  with  a  VHF  Channel  16  safety  watch  responsibility  is  relocated.  223 

 55.  Discussion.  We  affirm  the  tentative  determinations  made  in  the  VPC  4  th  FNPRM  regarding  Channel  16  watch  responsibilities.  We  adhere  to  the  view,  echoed  by  the  USCG,  224  that  it  is  unnecessary 
 to  amend  our  rules  to  specify  that  a  VPC  licensees  Channel  16  safety  watch  requirement  is  triggered  only  after  the  licensees  construction  requirement  has  expired  or  a  licensee  has  actually  constructed  facilities  in 
 an  area,  and  that  it  is  inappropriate  to  specify  that  the  watch  requirement  is  triggered  only  after  the  licensee  receives  written  notification  from  the  Coast  Guard.  225  We  continue  to  believe  that  the  concerns 
 underlying  Maritels  first  proposal    that  we  mandate  a  watch  requirement  only  after  the  licensees  construction  requirement  has  passed  or  a  licensee  has  actually  constructed  facilities    are  adequately 
 addressed  by  the  existing  rule  clearly  specifying  that  the  watch  requirement  applies  only  during  the  stations  hours  of  operation.  226  In  addition,  we  believe  maritime  safety  could  be  compromised 
 unnecessarily  if  we  permit  a  VPC  licensee  to  avoid  its  Channel  16  watch  requirement  unless  and  until  it  receives  written  notification  from  the  Coast  Guard.  We  have  imposed  the  watch  requirement  by  rule  on 
 all  coast  stations,  subject  to  the  exemption  codified  in  section  80.303(  b).  We  see  no  purpose  to  be  served  by  requiring  the  Coast  Guard  to  in  effect  remind  VPC  licensees  of  their  Commission-  mandated  watch 
 responsibilities,  and  we  also  think  it  is  the  responsibility  of  the  licensee,  not  the  USCG,  to  determine  whether  the  licensee  is  entitled  to  the  exemption.  This  rationale  is  particularly  true  with  respect  to 
 geographic  area  VPC  licensees  because  they  are  not  required  to  license  each  site  individually,  227  so  the  USCG  may  not  be  immediately  aware  of  a  new  facility  in  operation. 

 56.  The  USCG  and  Maritel  both  continue  to  support  a  rule  amendment  mandating  that  a  VPC 
 217  Id. 
 218  See  id.  at  231,    8. 
 219  47  C.  F.  R.    80.303. 
 220  See  VPC  4  th  FNPRM,  17  FCC  Rcd  at  231,  8. 
 221  47  C.  F.  R.    80.  303(  b). 
 222  VPC  4  th  FNPRM,  17  FCC  Rcd  at  231-  32    8  (citing  47  C.  F.  R.    80.302(  a)). 
 223  Id.  at  232,    8. 
 224  USCG  Comments  (PR  92-  257)  at  1. 
 225  We  observe  that  Maritel  no  longer  presses  these  recommendations  in  its  Comments  or  Reply  Comments  to  the 
 VPC  4  th  FNPRM.  226 
 47  C.  F.  R.    80.303(  a).  227 
 47  C.  F.  R.    80.  371(  c)(  4). 
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 licensee  notify  the  USCG  prior  to  a  station  relocation  that  may  affect  a  Channel  16  watch.  228  We  continue  to  believe  that  section  80.302(  a)  of  the  Commissions  rules  already  mandates  such  notice,  because  we 
 believe  a  relocation  affecting  a  Channel  16  watch  necessarily  constitutes  a  change[]  in  the  operation  of  a  public  coast  station  which  include[  s]  discontinuance,  reduction,  or  suspension  of  the  watch,  and  thus 
 requires  notice  to  the  nearest  coast  guard  district  office  as  soon  as  practicable.  However,  based  on  the  joint  concerns  of  the  USCG  and  Maritel,  we  will  amend  section  80.302(  a)  to  clarify  that  relocation  is  a 
 change  that  triggers  the  notification  requirement. 
 57.  In  addition,  Maritel  seeks  clarification  concerning  the  extent  to  which  the  watch  requirement  applies  to  VPC  stations  that  serve  units  on  land.  Maritel  seeks  clarification  of  whether  stations  near 

 coastal  areas,  but  designed  to  serve  land  stations  rather  than  ship  stations,  are  subject  to  the  watch  requirement.  229  Maritel  notes  230  that  section  80.303  predates  the  Commissions  decisions  to  license  VPC 
 operations  on  a  geographic  area  basis  231  and  to  permit  VPC  stations  to  provide  service  to  units  on  land.  232  First,  we  note  that  the  watch  requirement  does  not  apply  to  VPC  stations  along  the  coasts  serving  the  open 
 sea  and  the  Great  Lakes;  the  requirement  applies  only  to  stations  serving  inland  waterways.  233  With  respect  to  inland  waterways,  when  the  Commission  adopted  a  geographic  licensing  framework,  it  noted 
 that  stations  did  not  have  to  serve  such  waterways,  but  if  waterways  are  served,  public  coast  stations  maritime  obligations  (e.  g.,  safety  watch  )  shall  apply.  234  Maritel  has  provided  no  reason  why  we 
 should  reconsider  this  decision.  235  Thus,  in  response  to  Maritels  query,  we  clarify  that  the  watch  requirement  applies  to  any  VPC  station  that  has  a  navigable  inland  waterway  within  its  service  area,  as 
 determined  in  accordance  with  Subpart  P  of  Part  80  of  the  Commissions  rules.  236 

 228  USCG  Comments  (PR  92-  257)  at  1-  2;  Maritel  Comments  (PR  92-  257)  at  3;  Maritel  Reply  Comments  (PR  92-257) 
 at  3.  229 
 Maritel  Comments  (PR  92-  257)  at  3.  Maritel  also  suggests  that  we  revise  the  requirement  that  stations  serving  units  on  land  provide  priority  to  marine-  originating  communications,  47  C.  F.  R.    80.  123(  b),  to  exempt  stations  near 

 coastal  areas.  Id.  at  4;  Maritel  Reply  Comments  (PR  92-  257)  at  3.  We  believe  that  this  proposal  is  beyond  the  scope  of  the  issues  framed  in  the  4  th  FNPRM,  which  pertain  to  VPC  stations  obligation  to  maintain  a  Channel  16  watch. 
 We  also  note,  however,  that  Maritels  suggestion  is  contrary  to  the  Commissions  intent  when  it  adopted  Section  80.  123.  See  VPC  2  nd  R&  O,  12  FCC  Rcd  at  16964,    25  (indicating  that  it  is  the  Commissions  intention  to 
 require[  e]  public  coast  stations  to  give  priority  to  maritime  traffic,  without  regard  to  the  number  of  land  units  being  served);  id.  at  16965,    26  (indicating  that  [  i]  n  order  to  preserve  the  core  purpose  of  the  internationally  allocated 
 marine  radio  spectrum,  the  requirements  for  public  coast  stations  serving  units  on  land  allow  operational  flexibility  while  ensuring  that  distress  and  safety  communications  from  vessels  at  sea  are  given  priority). 
 230  Maritel  Comments  (PR  92-  257)  at  3. 
 231  VPC  Third  R&  O,  13  FCC  Rcd  at  19859-  60,    10. 
 232  VPC  Second  R&  O,  12  FCC  Rcd  at  16965-  66,    23-  26;  see  also  47  C.  F.  R.    80.  123. 
 233  See  47  C.  F.  R.    303(  a);  see  also  Amendment  of  Part  81  of  the  Commissions  rules  to  specify  the  circumstances 
 under  which  Class  III-  B  public  coast  stations  may  be  exempted  from  the  watch  requirements  on  156.8  MHz,  Report  and  Order,  PR  Docket  No.  79-  68,  81  FCC  2d  340,  341,    5  (1980). 

 234  VPC  Third  R&  O,  13  FCC  Rcd  at  19871,    36. 
 235  Even  if  we  were  inclined  to  lift  the  watch  requirement  for  VPC  stations  that  primarily  but  not  exclusively  serve 
 land  areas,  we  note  that  Maritel  has  not  suggested  any  basis  upon  which  to  distinguish  which  stations  are  sufficiently  near  a  waterway  that  the  watch  requirement  should  apply. 

 236  47  C.  F.  R.    80.  751-  80.773.  We  note  that,  for  purposes  of  demonstrating  that  a  VPC  station  is  exempt  from  the 
 watch  requirement  because  a  government  station  maintains  a  Channel  16  safety  watch  over  ninety-  five  percent  of  the  VPC  stations  service  area,  see  47  C.  F.  R.    80.  303(  b),  the  VPC  licensee  need  only  show  ninety-  five  percent 

 coverage  of  the  waterway(  s)  or  portion(  s)  thereof  that  it  serves,  and  not  ninety-  five  percent  of  the  covered  land  area.  We  do  not  believe  that  the  Commissions  decision  to  permit  service  to  units  on  land  changed  the  standard  for 
 qualifying  for  the  exemption.  See  47  C.  F.  R.    80.  303(  b)  (1997)  (referring  to  VPC  stations  receiving  service  area,  (continued....) 
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 B.  Frequency  Assignments 
 1.  Specification  of  12.5  kHz  Channels 
 58.  Background.  Although  channelization  of  VPC  spectrum  is  based  on  25  kHz  channels,  the  Commission  permits  VPC  licensees  to  operate  on  12.5  kHz  offset  frequencies  if  the  licensees  station  is 

 authorized  to  operate  on  both  25  kHz  frequencies  adjacent  to  the  offset  frequency.  237  However,  the  Commission  did  not  adopt  technical  rules  to  govern  12.5  kHz  operation.  Maritel  requested  that  the 
 Commission  adopt  such  technical  rules,  and  that  it  also  include  the  12.5  kHz  offset  channels  in  the  VPC  table  of  frequencies.  238  Maritel  states  that  it  would  like  to  conduct  narrowband  operations,  but  is  impeded 
 from  doing  so  by  the  absence  of  such  technical  regulations.  239  In  the  4  th  FNPRM,  the  Commission  responded  to  this  request  by  noting  that  it  did  not  adopt  technical  rules  for  narrowband  operations  when  it 
 authorized  12.5  kHz  offset  operations  because  it  wanted  to  provide  manufacturers  and  licensees  with  maximum  flexibility,  provided  that  emissions  are  attenuated  at  the  edge  of  the  licensees  contiguous  25 
 kHz  channels.  240  The  Commission  tentatively  reaffirmed  that  decision,  concluding  that  it  should  maintain  the  technical  flexibility  and  should  not  adopt  Maritels  recommended  technical  regulations.  241  The 
 Commission  invited  comment  on  this  issue,  specifying  that  commenters  who  agree  with  Maritels  proposal  should  address  whether  any  proposed  technical  requirements  are  consistent  with  international 
 standards.  242 
 59.  The  Commission  did  propose  two  rule  changes,  however.  First,  it  proposed  to  amend  section  80.213(  d)  of  its  rules  243  to  permit  VPC  equipment  to  operate  with  a  frequency  deviation  that  does  not 

 exceed  +/-  5  kHz.  244  The  Commission  proposed  this  amendment  because  the  existing  rule  could  be  construed  as  requiring  a  frequency  deviation  of  precisely  +/-  5  kHz,  which  would  not  be  compatible  with 
 12.5  kHz  narrowband  operations.  245  Second,  the  Commission  proposed  to  amend  the  rules  to  clarify  that  offset  operations  require  Canadian  coordination  whenever  operation  on  either  adjoining  25  kHz  channel 
 would  require  Canadian  coordination.  246 
 60.  Discussion.  Based  on  the  record  evidence,  we  remain  unpersuaded  that  it  would  serve  the  public  interest  to  adopt  technical  rules  for  the  VPC  narrowband  offset  channels.  Maritel  claims  that  the 

 absence  of  such  technical  rules,  and  the  failure  to  list  available  offset  frequency  assignments  in  a  table  of 
 (...  continued  from  previous  page)  which  at  that  time  could  only  include  waterways;  this  language  was  removed  when  the  Commission  eliminated  the 
 requirement  that  qualified  stations  affirmatively  apply  for  the  exemption,  see  VPC  Third  R&  O,  13  FCC  Rcd  at  19879,    57). 
 237  See  47  C.  F.  R.    80.  371(  c)(  1)(  iii). 
 238  See  VPC  4  th  FNPRM,  17  FCC  Rcd  at  232,    9. 
 239  See  id.  In  April  2001,  the  Bureaus  Public  Safety  and  Private  Wireless  Division  granted  Maritels  request  for 
 waiver  of  certain  Part  80  rules  to  permit  certification  of  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,  16  FCC  Rcd  9294  (2001)  (Maritel  Waiver  Order).  240 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  233,    10.  241 
 Id.  242 
 Id.  (citing  ITU  Radio  Recommendation  M.  1084).  243 
 47  C.  F.  R.    80.  213(  d).  244 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  233,    11.  245 
 Id.  246 
 Id. 
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 frequencies,  is  inconsistent  with  the  Commissions  approach  to  other  services,  in  particular  Part  90  private  land  mobile  radio  services,  and  creates  an  uncomfortable  level  of  uncertainty  for  manufacturers.  247 
 Maritel  asserts  that,  notwithstanding  the  waiver  granted  by  the  Bureau  to  permit  certification  of  12.5  kHz  equipment,  248  both  manufacturers  and  licensees  desire  further  technical  guidance  from  the  Commission  in 
 order  to  design  equipment  for  and  operate  on  the  12.5  kHz  offset  channels.  249  It  is  not  self-  evident,  however,  why  either  manufacturers  or  VPC  licensees  would  benefit  from  the  imposition  of  technical  rules 
 for  which  the  Commission  otherwise  sees  no  need.  We  find  significant  that  although  Maritel  represents  that  manufacturers  desire  such  technical  regulations,  not  a  single  manufacturer  filed  comments  in  support 
 of  Maritels  proposal.  In  addition,  to  the  extent  that  manufacturers  desire  technical  guidance,  there  are  avenues  for  them  to  obtain  it  other  than  through  the  imposition  of  otherwise  unneeded  regulations.  250  We 
 continue  to  believe  that  we  should  provide  flexibility  to  VPC  manufacturers  and  licensees  to  the  maximum  possible  extent,  and  we  reaffirm  our  tentative  conclusion  in  the  4  th  FNPRM  that  establishing 
 detailed  technical  rules  for  the  VPC  offset  channels  is  unnecessary. 
 61.  Maritels  interest  in  having  the  offset  channels  designated  as  assignable  frequencies  in  a  Part  80  table  appears  to  stem,  at  least  in  part,  from  a  concern  with  language  in  section  80.211  of  the 

 Commissions  rules,  which  specifies  the  emission  limits  for  VPC  operations.  251  Maritel  states  that  its  operations  will  be  governed  by  section  80.211(  f)  because  it  will  employ  an  emission  class  that  is  not 
 specified  in  section  80.211(  a)-(  d).  Section  80.211(  f)  specifies  the  required  attenuation  of  emissions  for  a  given  frequency  based  on  the  degree  to  which  that  frequency  is  removed  from  the  assigned 
 frequency.  252  According  to  Maritel,  the  reference  to  assigned  frequencies  presumably  refers  only  to  those  frequencies  listed  in  section  80.371(  c)  of  the  Commissions  rules.  253  Maritel  therefore  interprets  the 
 rule  to  mean  that  offset  channels  cannot  be  treated  as  assigned  frequencies  for  purposes  of  the  emission  limits.  254  If  this  interpretation  is  the  case,  Maritel  claims  that  it  will  be  unable  to  comply  with  the 
 emission  limits  when  it  operates  on  offset  channels  because  the  mean  power  of  an  offset  channel  would  be  strongest  at  the  point  where  it  should  be  weakest  from  the  assigned  frequency.    255  Maritel  concludes 
 that,  if  the  Commission  determines  not  to  add  the  offset  channels  to  the  table  of  frequencies,  it  should  at  least  amend  section  80.211(  f)  to  require  attenuation  of  emissions  by  reference  to  the  authorized 
 frequency,  rather  than  the  assigned  frequency.  256  We  believe  we  can  address  Maritels  concern  without  amending  section  80.211(  f)  by  clarifying,  as  we  now  do,  that  for  purposes  of  section  80.211(  f)  of  our 
 rules,  the  term  assigned  frequency  includes  any  offset  frequency  utilized  by  a  VPC  licensee  in  accord 
 247  Maritel  Comments  (PR  92-  257)  at  5. 
 248  See  Maritel  Waiver  Order,  note  239,  supra. 
 249  Maritel  Comments  (PR  92-  257)  at  5. 
 250  Manufacturers  can  obtain  advice  from  the  Commission  through,  for  example,  informal  staff  contacts,  petitions  for 
 declaratory  ruling,  and  the  review  of  equipment  applications  from  other  manufacturers.  We  note,  moreover,  that  the  Maritel  Waiver  Order  specifies  the  conditions  that  must  be  met  for  the  certification  of  equipment  designed  to 

 operate  on  12.  5  kHz  offset  channels  in  the  VPC  frequency  band.  Finally,  international  standards  may  serve  as  a  guide  to  manufacturers. 
 251  47  C.  F.  R.    80.211. 
 252  Id.    80.  211(  f). 
 253  Id.    80.  371(  c). 
 254  Maritel  Comments  (PR  92-  257)  at  6. 
 255  Id. 
 256  Maritel  Comments  (PR  92-  257)  at  7;  Maritel  Reply  Comments  (PR  92-  257)  at  2-  3.  In  its  Reply  Comments, 
 Maritel  reiterates  its  recommendation  that  we  amend  Section  80.  211(  f)  but  does  not  mention  its  earlier  proposal  to  list  the  offset  frequencies  in  a  Part  80  table  and  establish  technical  rules  for  them.  Maritel  Reply  Comments  (PR  92-257) 

 at  2-  3. 
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 with  section  80.371(  c)(  1)(  iii)  of  our  rules.  Finally,  and  for  the  reasons  stated  in  the  4  th  FNPRM,  we  will  adopt  the  proposals  to  specify  that  VPC  operations  must  have  a  frequency  deviation  that  does  not  exceed 
 +/-  5  kHz  (rather  than  a  frequency  deviation  of  precisely  +/-  5  kHz),  and  to  require  Canadian  coordination  of  offset  operations  whenever  operation  on  either  adjoining  25  kHz  channel  would  require  such 
 coordination.  257 
 2.  Use  of  Additional  VHF  Channels 
 62.  Background.  In  the  4  th  FNPRM,  the  Commission  requested  comment  on  a  Maritel  proposal  to  reallocate  nine  channel  pairs  in  the  156.0375-  156.2375  MHz  and  160.6375-  160.8375  MHz  bands  258  to 

 VPC  stations.  259  Three  of  the  frequencies  are  allocated  for  Part  90  public  safety  use,  260  three  others  are  allocated  to  Part  90  Industrial/  Business  use,  261  and  the  remaining  twelve  frequencies  are  adjacent  to 
 channels  allocated  for  public  safety  or  Industrial/  Business  use.  Maritel  contended  that  a  reallocation  of  the  channels  to  Part  80  is  warranted  because  there  are  currently  fewer  channels  available  for  VPC 
 operations  in  the  United  States  than  there  are  in  other  countries.  262  Maritel  also  stated  that  the  reallocation  would  have  minimal  impact  on  public  safety  licensees  because  there  currently  is  light  demand  for  the 
 frequencies,  and  the  Commission  has  provided  such  licensees  with  additional  spectrum  in  higher  frequency  bands.  263  The  Commission  declined  to  adopt  Maritels  recommended  reallocation  without  first 
 assessing  the  demand  for  this  spectrum  from  Part  90  public  safety  eligibles,  since  VHF  spectrum  is  popular  for  public  safety  communications  due  to  its  propagation  characteristics.  264  It  also  noted  that  the 
 frequency  band  746-  806  MHz,  cited  by  Maritel  as  one  of  the  bands  to  which  some  public  safety  operations  will  eventually  migrate,  remains  encumbered  by  broadcast  television  licensees,  who  do  not 
 have  to  vacate  this  band  until  the  end  of  the  digital  television  transition  period,  December  31,  2006  at  the  earliest.  265  The  Commission  requested  comment  on  Maritels  reallocation  proposal,  and  asked  whether 
 public  safety  or  maritime  radio  has  a  greater  immediate  need  for  the  identified  VHF  spectrum.  266 
 63.  Discussion.  Based  on  the  present  record,  we  are  unable  to  conclude  that  there  is  little  need  for  the  identified  frequencies  by  public  safety  entities,  and  we  accordingly  decline  to  reallocate  the 

 257  The  USCG  and  Maritel  both  support  the  proposal  pertaining  to  frequency  deviation,  and  the  USCG  supports  the 
 proposal  pertaining  to  Canadian  coordination,  without  further  elaboration.  USCG  Comments  (PR  92-  257)  at  2;  Maritel  Comments  (PR  92-  257)  at  6;  Maritel  Reply  Comments  (PR  92-  257)  at  2. 

 258  The  targeted  frequency  pairs  are  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. 

 259  VPC  4  th  FNPRM,  17  FCC  Rcd  at  233-  35,    12-  14. 
 260  These  frequencies  are:  156.  0375  MHz,  156.  1125  MHz,  and  156.  1875  MHz. 
 261  These  frequencies  are:  160.  6875  MHz,  160.  7625  MHz,  and  160.  8375  MHz. 
 262  See  id.  at  233-  34,    12. 
 263  See  id.  at  234,    13  (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)).  Maritel  also  requested  that  the  Commission  immediately  freeze  further  licensing  of  this  spectrum  as  a  prelude  to  an  auction  of  the  spectrum  for  VPC  applications.  See  id. 
 264  Id.  As  noted  in  the  VPC  4  th  FNPRM,  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.  Id.  at  234  n.  50. 

 265  Id.  (citing  Public  Safety  First  Report  and  Order,  14  FCC  Rcd  at  159-  161,    10). 
 266  Id.  at  163,    14. 
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 frequencies  to  maritime  use.  Maritel  acknowledges  the  public  interest  imperative  of  ensuring  that  public  safety  entities  have  adequate  spectrum,  particularly  in  the  wake  of  the  terrorist  events  of  September  11, 
 2001,  but  reiterates  its  view  that  the  proposed  reallocation  will  not  have  a  meaningful  impact  on  public  safety  entities.  267  Maritel  notes  that  the  nine  channel  pairs  represent  a  small  fraction  of  the  total 
 spectrum  available  for  public  safety  in  the  470-  512  MHz  and  800  MHz  bands,  and  an  even  smaller  fraction  if  one  takes  into  account  the  additional  spectrum  that  is  being  made  available  for  public  safety 
 use  in  the  700  MHz  268  and  4.  9  GHz  269  bands.  270  Maritel  also  states  that,  at  present,  public  safety  use  of  the  channels  is  extremely  light.  271  However,  we  have  not  been  presented  with  any  compelling 
 information  that  causes  us  to  change  the  Commissions  earlier  determination  to  allocate  the  spectrum  to  public  safety  in  the  first  place.  Accordingly,  we  do  not  believe  it  is  appropriate  to  reallocate  public  safety 
 spectrum  to  another  use  simply  because  the  spectrum  sought  is  a  small  percentage  of  the  total  spectrum  allocated  to  public  safety.  This  is  especially  so  with  respect  to  VHF  spectrum,  which  has  propagation 
 characteristics  that  are  highly  valued  by  public  safety  entities.  272  Although  Maritel  places  great  weight  on  the  fact  that  the  spectrum  is  not  heavily  used  by  public  safety  entities  at  present,  we  believe  it  is  premature 
 to  conclude  that  there  is  little  public  safety  demand  for  these  channels.  As  APCO  notes,  these  are  narrowband  channels  that  were  made  available  for  licensing  in  the  Commissions  Refarming 
 Proceeding,  273  and  the  adjacent  channels  are  still  used  for  wideband  operations.  These  adjacent  channel  wideband  operations  deter  or  preclude  use  of  the  narrowband  channels  because  of  the  threat  of  harmful 
 interference  they  pose.  274  After  these  adjacent  channel  operations  migrate  to  narrowband  equipment,  the  channels  identified  by  Maritel  may  be  more  utilized  by  public  safety  agencies.  275  We  therefore  conclude 
 that  Maritel  has  not  clearly  established  that  the  proposed  reallocation  will  have  no  adverse  effect  on  public  safety  operations,  and  we  accordingly  decline  to  adopt  its  proposal.  Notwithstanding  our 
 disposition  of  this  issue,  we  are  aware  that  maritime  safety  would  benefit  by  the  allocation  of  additional  spectrum  for  Part  80  operations.  The  USCG  observes  that  additional  spectrum  to  accommodate  existing 
 and  new  maritime  communications  technologies  generally  must  be  allocated  from  the  156-  162  MHz  band  in  order  to  comport  with  international  allocations,  and  contends  that  there  is  an  existing  shortage  of  VHF 

 267  Maritel  Comments  (PR  92-  257)  at  7. 
 268  See,  e.  g.,  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and 
 Local  Public  Safety  Agency  Communications  Requirements  Through  the  Year  2010,  Fourth  Report  and  Order  and  Fifth  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  96-  86,  16  FCC  Rcd  2020  (2001). 

 269  See  The  4.  9  GHz  Band  Transferred  from  Federal  Government  Use,  Second  Report  and  Order  and  Further  Notice 
 of  Proposed  Rule  Making,  WT  Docket  No.  00-  32,  17  FCC  Rcd  3955  (2002).  270 
 Maritel  Comments  (PR  92-  257)  at  7-  8.  271 
 Id.  at  9.  Maritel  also  notes  that  many  of  the  targeted  channels  are  used  for  industrial  and  business  purposes,  and  asserts  that,  in  most  cases,  the  frequency  assignments  that  would  be  used  for  maritime  purposes  would  not  be  on  the 

 same  channel  centers  as  those  used  by  public  safety  entities,  and  that  in  those  cases  where  mobile  transit  frequencies  are  operating  on  or  adjacent  to  the  identified  frequencies,  modest  frequency  planning  will  ensure  that  no  harmful 
 co-  channel  interference  ensues.  Id.  at  10.  272 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  230,    4;  see  also  APCO  Reply  Comments  at  2-  3.  273 
 See  Replacement  of  Part  90  by  Part  88  to  Revise  the  Private  Land  Mobile  Radio  Services  and  Modify  the  Policies  Governing  Them,  Second  Report  and  Order,  PR  Docket  No.  92-  235,  12  FCC  Rcd  14307  (1997). 

 274  APCO  Reply  Comments  at  2. 
 275  See  id.  The  Commission  recently  amended  the  Part  90  rules  to  establish  specific  timetables  for  migration  of 
 private  land  mobile  radio  operations  to  narrowband  technology.  See  Implementation  of  Sections  309(  j)  and  337  of  the  Communications  Act  of  1934  as  Amended;  Promotion  of  Spectrum  Efficient  Technologies  on  Certain  Part  90 

 Frequencies,  Second  Report  and  Order  and  Second  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  99-87,  18  FCC  Rcd  3034  (2003). 
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 maritime  channels  that  will  only  become  worse  with  the  deployment  of  new  technologies.  276  We  intend  to  continue  to  work  with  the  USCG  and  the  maritime  community  to  address  issues  of  spectrum  scarcity. 
 3.  Automatic  Identification  Systems 
 64.  Background.  Automatic  Identification  Systems  (AIS)  employ  self-  organizing  time  division  multiple  access  techniques  to  provide  a  VHF  maritime  ship-  to-  ship/  ship-  to-  shore  maritime  radio  service 

 in  which  vessels  and  designated  shore  stations  broadcast  a  unique  identifier,  coupled  with  safety-  related  information  on,  for  example,  ship  positions  and  intentions.  AIS-  transmitted  information  can  be  received 
 by  similarly  equipped  vessels  and  shore  stations  in  order  to  improve  collision  avoidance  and  facilitate  vessel  tracking.  277  Section  80.371(  c)(  3)  of  the  Commissions  rules  requires  that  each  licensee  of  VHF 
 Public  Coast  Service  Areas  1-  9  enter  into  an  agreement  with  the  Coast  Guard  to  specify  two  channel  pairs  offset  12.5  kHz  from  the  VHF  band  public  correspondence  channels,  that  will  be  used  by  the  Coast  Guard 
 for  AIS  and  related  systems  in  support  of  PAWSS,  278  which  will  provide  Vessel  Traffic  Services  to  facilitate  the  safe  and  efficient  transit  of  vessel  traffic.  279  On  March  7,  2001,  Maritel  and  the  Coast  Guard 
 agreed  that  Channels  87A/  87B  (157.375  MHz/  161.975  MHz)  would  be  so  designated  for  PAWSS  in  VHF  Public  Coast  Service  Areas  1-  9.  280  In  2003,  however,  Maritel  terminated  its  agreement  with  the  Coast 
 Guard.  281  Following  the  termination,  Maritel  filed  an  Emergency  Petition  for  Declaratory  Ruling  requesting  that  the  Commission  clarify  that  shipborne  AIS  transmitters  may  not  operate  on  Channels  87B 
 and  88B  or  any  other  channel  designated  for  VPC  stations,  282  and  the  National  Telecommunications  and  Information  Administration  (NTIA)  filed  a  Petition  for  Rulemaking  urging  the  Commission  to  work  with 
 NTIA  to  allocate  Channels  87B  and  88B  for  AIS  use  exclusively.  283  These  two  petitions  remain  pending  before  the  Wireless  Telecommunications  Bureau,  which  issued  a  consolidated  Public  Notice  requesting 
 comment  on  both  petitions.  284 
 65.  In  the  4th  FNPRM,  which  was  released  before  the  agreement  between  the  Coast  Guard  and  Maritel  was  terminated  and  the  Maritel  and  NTIA  petitions  were  filed,  the  Commission  requested 

 comment  on  a  proposal  by  Maritel  that  we  amend  section  80.371(  c)(  3)  in  order  to  provide  VPC  licensees  and  the  Coast  Guard  with  the  option  of  specifying  non-  offset  channel  pairs  (i.  e.,  the  VPC  frequency 

 276  USCG  Comments  (PR  92-  257)  at  2;  accord  Maritel  Reply  Comments  (PR  92-  257)  at  1-  2. 
 277  See  GMDSS  R&  O  at  6765    56;  VPC  4  th  FNPRM,  17  FCC  Rcd  at  235  n.  51. 
 278  See  note  27,  supra. 
 279  47  C.  F.  R.    80.371(  c)(  3);  see  VPC  Third  Report  and  Order,  13  FCC  Rcd  at  19875,    46. 
 280  See  Memorandum  of  Agreement  Between  United  States  Coast  Guard  and  the  Maritime  VHF  Public  Coast  Area 
 Licensee  at  2  (dated  Mar.  7,  2001)  (USCG-  Maritel  MOA).  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,  16  FCC  Rcd  7968  (2001)  (AIS  Channel  Selection  PN).  281 
 See  Wireless  Telecommunications  Bureau  Seeks  Comment  on  Maritel,  Inc.  Petition  for  Declaratory  Ruling  and  National  Telecommunications  and  Information  Administration  Petition  for  Rulemaking  Regarding  the  Use  of 

 Maritime  VHF  Channels  87B  and  88B,  Public  Notice,  18  FCC  Rcd  23260  (WTB  2003).  282 
 MariTel,  Inc.,  Emergency  Petition  for  Declaratory  Ruling  (filed  Oct.  15,  2003).  283 
 Letter,  dated  Oct.  24,  from  Frederick  R.  Wentland,  Associate  Administrator,  Office  of  Spectrum  Management,  NTIA,  to  John  B.  Muleta,  Chief,  Wireless  Telecommunications  Bureau,  FCC  (RM-  10821). 

 284  See  Wireless  Telecommunications  Bureau  Seeks  Comment  on  Maritel,  Inc.  Petition  for  Declaratory  Ruling  and 
 National  Telecommunications  and  Information  Administration  Petition  for  Rulemaking  Regarding  the  Use  of  Maritime  VHF  Channels  87B  and  88B,  Public  Notice,  18  FCC  Rcd  23260  (WTB  2003).  The  Bureau  has  also 

 requested  comment  on  a  related  proposal  by  Maritel  to  serve  as  exclusive  AIS  frequency  coordinator.  See  Wireless  Telecommunications  Bureau  Seeks  Comment  on  MariTEL,  Inc.  Proposal  to  Serve  as  Automatic  Identification 
 System  (AIS)  Frequency  Coordinator,  Public  Notice,  18  FCC  Rcd  24057  (WTB  2003). 
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 pairs  set  forth  in  section  80.371(  c)(  1)(  i))  for  PAWSS.  285  Noting  that  its  intent  in  authorizing  the  use  of  offset  channels  for  this  purpose  was  to  maximize  the  parties  flexibility,  the  Commission  agreed  with 
 Maritel  that  the  parties  should  be  able  to  specify  non-  offset  channel  pairs  if  mutually  agreeable.  286  In  addition,  the  Commission  invited  comment  on  a  USCG  request  that  rules  be  adopted  to  ensure  that 
 properly  certified  AIS  equipment  tested  by  an  independent  test  facility  is  available  to  meet  IMO  and  Coast  Guard  vessel  carriage  regulations.  287 

 66.  Discussion.  In  their  comments  to  the  4  th  FNPRM,  both  the  USCG  and  Maritel  support  the  proposed  amendment  of  section  80.371(  c)(  3)  to  remove  the  limitation  on  the  types  of  channels  that  may 
 be  designated  for  PAWSS  support.  288  However,  in  light  of  the  intervening  developments    the  termination  of  the  MOA,  the  emerging  dispute  between  Maritel  and  the  NTIA/  USCG  with  respect  to 
 providing  spectrum  for  AIS,  and  the  conflicting  petitions  filed  by  Maritel  and  the  NTIA    we  believe  we  should  maintain  section  80.371(  c)(  3)  without  change  until  we  can  address  the  larger  issues  that  have  been 
 raised  in  the  pending  Maritel  and  NTIA  petitions.  The  issues  pertaining  to  the  use  of  VPC  and  other  spectrum  for  AIS  will  be  reviewed  more  broadly  in  the  context  of  the  aforementioned  Maritel  and  NTIA 
 petitions,  and  we  emphasize  that  nothing  we  do  here  is  intended  to  prejudge  or  otherwise  influence  the  resolution  of  those  larger  issues. 

 67.  We  do  not  believe,  however,  that  domestic  deployment  of  AIS  needs  to  come  to  a  standstill  until  final  determinations  are  made  regarding  all  of  the  issues  raised  in  the  pending  Maritel  and  NTIA 
 petitions.  Accordingly,  we  will  adopt  rules  for  the  certification  of  AIS  equipment,  as  recommended  by  the  USCG.  The  USCG  again  observes  that  SOLAS  requires  the  installation  of  AIS  on  ships.  289  We  note 
 that  the  phase-  in  schedule  for  deployment  of  AIS  began  on  July  1,  2002,  and  the  IMO  accelerated  the  schedule  to  require  full  implementation,  i.  e.,  installation  on  all  ships  subject  to  SOLAS  on  international 
 voyages,  by  December  31,  2004,  and  for  ships  not  engaged  on  international  voyages,  by  July  1,  2008.  290  The  USCG  further  notes  that  AIS  represents  a  significant  enhancement  of  maritime  safety  and  that  its  use 
 could  be  expanded  in  service  of  Homeland  Security  initiatives.  Further  evincing  the  critical  importance  of  AIS  implementation,  in  November  2002,  following  the  close  of  the  pleading  cycle  in  this  proceeding, 
 the  U.  S.  Congress  adopted  the  Maritime  Transportation  Security  Act  of  2002,  which  includes  a  statutory  mandate  for  domestic  deployment  of  AIS  within  a  prescribed  period  of  time.  291  In  addition,  no 
 commenter  in  this  proceeding  has  opposed  this  proposal.  292  Therefore,  we  will  require  applications  for  certification  of  AIS  equipment  to  meet  applicable  international  standards.  293  In  addition,  as  we  have  done 
 with  406-  406.  1  MHz  EPIRBs,  and  as  requested  by  the  USCG,  294  we  will  require  applicants  for 
 285  VPC  4  th  FNPRM,  17  FCC  Rcd  at  235,    16. 
 286  Id. 
 287  Id. 
 288  USCG  Comments  (PR  92-  257)  at  3;  Maritel  Comments  (PR  92-  257)  at  11. 
 289  USCG  Comments  (PR  92-  257)  at  3. 
 290  See  Amendments  to  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974,  as  amended,  Chapter  V, 
 Regulation  19,  Carriage  requirements  for  shipborne  navigational  systems  and  equipment,  December  2002.  291 

 See  46  U.  S.  C.    70114;  P.  L.  107-  295,    102(  e),  116  Stat.  2084  (Nov.  25,  2002).  292 
 We  note,  however,  that  in  light  of  the  termination  of  the  USCG-  Maritel  MOA,  Maritel  has  requested  that  the  Commission  withdraw  authorization  of  shipborne  AIS  equipment.  See  Letter  dated  July  30,  2003  from  Russell  H. 

 Fox,  counsel  for  Maritel,  to  Dwana  R.  Terry,  Chief,  Public  Safety  and  Private  Wireless  Division.  Like  the  related  AIS  issues  raised  by  Maritel  outside  this  docket,  that  request  will  be  addressed  in  a  separate  proceeding. 
 293  Applications  for  AIS  equipment  certification  must  meet  the  following  standards:  ITU-  R  M.  1371-  1,  IMO 
 Resolution  MSC.  74(  69),  IEC  61162-  1,  IEC  61162-  100,  and  IEC  61993-  2.  294 
 USCG  Comments  (PR  92-  257)  at  3. 
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 certification  to  submit  the  applicable  test  data  and  obtain  a  letter  from  the  Coast  Guard  stating  whether  the  device  satisfies  the  applicable  international  requirements  we  incorporate  by  reference  in  this  Sixth  Report 
 and  Order. 
 C.  Technical  and  Operational  Matters 
 1.  Emission  Masks  and  Designators  for  Data  Services 
 68.  Background.  The  Commission  proposed  in  the  4  th  FNPRM  to  expand  the  data  emissions  permitted  in  the  Maritime  Radio  Services  to  accommodate  the  full  range  of  possible  data  services.  295  At 

 Maritels  urging,  it  specifically  proposed  the  adoption  of  a  new  emission  mask  modeled  on  the  Part  90  emission  mask,  296  and  invited  comment  on  this  proposal.  297 

 69.  Discussion.  We  will  generally  adopt  the  proposed  emission  mask  for  Part  80,  and  permit  the  use  of  any  emission  mode  so  long  as  the  applicable  mask  limits  are  satisfied.  Both  the  USCG  and  Maritel 
 support  this  proposal.  The  USCG  asserts  that  emission  masks  are  necessary  for  operation  on  12.5  kHz  channels.  298  We  agree  with  Maritel  that  this  proposal  will  allow  VPC  licensees  to  provide  a  full  range  of 
 data  services  and  will  accommodate  VPC  licensees  interested  in  providing  land  mobile  radio  services.  299  With  one  exception,  discussed  below,  we  will  apply  the  emission  mask  contained  in  section  90.210  of  the 
 Commissions  rules,  300  since  our  experience  with  that  emission  mask  indicates  that  it  strikes  an  appropriate  balance  between  preventing  harmful  interference,  on  the  one  hand,  and  providing  licensees 
 with  significant  technical  flexibility,  on  the  other. 
 70.  We  will  not  require  devices  certified  for  AIS  operation  to  conform  to  the  Part  90  emission  mask.  AIS  devices  have  the  ability  to  operate  on  25  kHz  or  12.5  kHz  channels.  An  internationally 

 approved  standard  for  AIS,  IEC  61993-  2,  was  published  by  the  IEC  in  December  2001,  at  roughly  the  same  time  the  4th  FNPRM  was  released.  In  its  current  form,  the  emission  mask  in  IEC  61993-  2  is  not  as 
 stringent  as  the  one  in  section  90.210  of  the  Commissions  rules.  Due  to  the  importance  of  AIS  as  a  navigational  and  safety  tool,  and  the  international  acceptance  of  IEC  61993-  2  as  an  appropriate  AIS 
 technical  standard,  we  do  not  believe  it  would  serve  the  public  interest  to  require  AIS  devices  to  comply  with  the  section  90.210  emission  mask 

 295  VPC  4  th  FNPRM,  17  FCC  Rcd  at  236,    19. 
 296  See  47  C.  F.  R.    90.  207,  90.  210.  The  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).  297 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  236,    19.  298 
 USCG  Comments  (PR  92-  257)  at  4.  299 
 Maritel  Comments  (PR  92-  257)  at  11-  12.  See  also  Maritel  Reply  Comments  (PR  92-  257)  at  3.  300 
 47  C.  F.  R.    90.  210 
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 2.  Station  Identification 
 71.  Background.  Currently,  all  VPC  stations  must  provide  station  identification  301  at  the  beginning  and  end  of  each  radiotelephone  communication  with  any  other  station,  and  once  every  fifteen 

 minutes  in  between.  302  In  the  4  th  FNPRM,  the  Commission  solicited  comment  on  a  request  by  Maritel  to  eliminate  the  station  identification  requirement  for  geographic  area  VPC  licensees.  303  Noting  that  the 
 Commission  had  previously  eliminated  or  relaxed  station  identification  requirements  for  other  categories  of  CMRS  providers  in  instances  where  there  is  a  single  licensee  operating  on  a  particular  channel  in  a 
 Commission-  defined  service  area,  Maritel  argued  that  VPC  licensees  should  receive  similar  treatment.  304  Maritel  further  argued  that  the  Commission  or  other  competent  authority  will  always  be  able  to  assume 
 that  the  use  of  a  particular  VPC  channel  will  be  by  the  geographic  area  licensee  unless  a  site-  specific  licensee  identifies  itself,  and  that  in  the  case  of  any  coast  station  that  utilizes  DSC,  the  unique  coast 
 station  identification  will  be  transmitted  automatically.  305  Finally,  Maritel  noted  that  the  Commission  had  decided  to  forbear  from  enforcing  the  station  identification  requirements  for  the  Automated  Maritime 
 Telecommunications  System  (AMTS)  service,  another  Part  80  service.  306  The  Commission  sought  comment  on  Maritels  request,  and  in  particular  asked  for  comment  on  whether  there  is  any  basis  to 
 distinguish  geographic  area  VPC  stations  from  AMTS  stations  and  other  CMRS  providers  for  purposes  of  the  station  identification  requirement.  307 

 72.  Discussion.  We  will  eliminate  the  station  identification  requirement  for  geographic  area  VPC  stations  because  we  see  little  justification  for  requiring  station  identification  of  such  stations  when  we  do 
 not  require  station  identification  of  similarly  situated  CMRS  providers,  including  AMTS  stations.  Maritel,  the  only  commenter  addressing  this  issue,  repeats  its  arguments  that  station  identification 
 requirements  are  unnecessary  for  geographic  area  VPC  stations  because  the  identification  data  is  readily  obtainable  from  the  public  record,  and  that  there  is  no  basis  to  treat  geographic  area  VPC  stations 
 differently  from  AMTS  stations  and  those  CMRS  providers  that  have  been  relieved  of  the  station  identification  requirement.  308  Although  we  believe  the  case  for  relieving  geographic  area  VPC  licensees 
 of  station  identification  requirements  is  not  quite  as  strong  as  the  case  for  relieving  AMTS  stations  of  such  requirements,  inasmuch  as  a  consumer  will  always  know  which  AMTS  provider  he  or  she  is 
 utilizing  because  of  his  or  her  contractual  relationship  with  that  provider,  309  we  believe  we  can  eliminate  the  station  identification  requirement  for  geographic  area  VPC  stations  for  largely  the  same  reasons  as 
 warranted  elimination  of  the  requirement  for  AMTS.  Elimination  of  this  requirement  will  not  compromise  the  ability  of  the  Commission  or  the  USCG  to  identify  transmissions  from  geographic  area 
 VPC  stations,  and  should  not  engender  confusion  among  the  licensees  customers.  Further,  we  do  not 

 301  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). 

 302  47  C.  F.  R.    80.  102(  a).  When  public  correspondence  is  exchanged  with  a  ship  or  aircraft  station,  the  intermediate 
 identification  may  be  deferred  until  the  completion  of  the  communications.  Id.  303 
 VPC  4  th  FNPRM,  17  FCC  Rcd  at  237,    20.  304 
 See  id.;  see  also  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). 

 305  VPC  4  th  FNPRM,  17  FCC  Rcd  at  237,    20. 
 306  Id.  (citing  Regionet  Wireless  License,  LLC,  Order,  15  FCC  Rcd  16119  (2000)  (Regionet  Order)). 
 307  Id. 
 308  Maritel  Comments  (PR  92-  257)  at  12-  13. 
 309  See  Regionet  Order,  15  FCC  Rcd  at  16121,    6. 
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 believe  that  elimination  of  this  requirement  would  otherwise  have  an  adverse  effect  on  maritime  safety.  310  Accordingly,  in  keeping  with  the  Commissions  goal  of  eliminating  requirements  that  no  longer  have  a 
 public  interest  basis,  we  will  amend  section  80.102(  a)  to  relieve  geographic  area  VPC  stations  of  the  need  to  provide  station  identification.  Site-  based  VPC  stations  remain  subject  to  the  station  identification 
 requirement. 
 D.  Miscellaneous  Issues 
 1.  Station  Documents 
 73.  Background.  The  Commission  proposed  in  the  4  th  FNPRM  to  allow  VPC  licensees  to  maintain  required  station  documents  and  records  in  electronic  form.  311  It  noted  that  the  purpose  of  the 

 station  log  requirements  is  to  maintain  a  steady  record  of  equipment  performance  and  the  details  of  distress  communications,  312  and  agreed  with  Maritel  that  electronic  record  keeping  may  offer 
 conveniences  for  both  the  VPC  licensee  and  the  Commission,  while  also  improving  the  accuracy  of  the  stations  logs.  313  The  Commission  tentatively  concluded  that  adoption  of  this  proposal  would  facilitate 
 access  to  the  records  by  Commission  staff,  but  requested  comment  as  to  whether  it  would  present  any  problems  for  other  federal  agencies  that  sometimes  inspect  station  logs,  such  as  the  Coast  Guard  and  the 
 NTSB.  314  The  Commission  also  sought  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.  315 
 74.  The  Commission  also  proposed  to  relax  the  requirement  in  section  80.405(  c)  of  its  rules  316  that  licensees  post  a  current  station  authorization  or  a  copy  at  the  principal  control  point  of  each  station.  317 

 Noting  that  Maritel  had  complained  that  this  posting  requirement  is  burdensome  in  its  case  because  it  has  nine  geographic  area  licenses,  each  of  which  can  cover  hundreds  of  transmitter  sites,  the  Commission 
 tentatively  agreed  with  Maritel  that  it  may  be  appropriate  to  limit  the  posting  requirement  for  VPC  licensees  to  a  document  identifying  the  licensee,  where  the  license  is  maintained,  and  a  telephone  number 
 of  a  representative  of  the  licensee  who  may  be  contacted  to  answer  any  questions  regarding  the  operation  of  the  particular  transmitter.  318 

 75.  Discussion.  We  agree  with  Maritel  and  the  USCG  that  we  should  permit  VPC  licensees  to  maintain  station  records  in  electronic  form.  319  We  believe  that  electronic  record  keeping  will  eliminate  an 
 unnecessary  paperwork  burden  on  VPC  licensees,  facilitate  access  to  what  is  often  essential  data  by  the 

 310  We  note  that  the  USCG  has  not  indicated  any  opposition  to  elimination  of  the  station  identification  requirement. 
 311  VPC  4  th  FNPRM,  17  FCC  Rcd  at  238,    22. 
 312  Id.;  see  47  C.  F.  R.    80.  409(  c)(  3),  (7). 
 313  VPC  4  th  FNPRM,  17  FCC  Rcd  at  238,    22. 
 314  Id. 
 315  Id. 
 316  47  C.  F.  R.    80.405(  c). 
 317  VPC  4  th  FNPRM,  17  FCC  Rcd  at  239,    23. 
 318  Id. 
 319  Maritel  Comments  (PR  92-  257)  at  13;  Maritel  Reply  Comments  (PR  92-  257)  at  3-  4;  USCG  Comments  (PR  92- 
 257)  at  5. 
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 Commission,  the  USCG,  and  the  NTSB,  320  and  minimize  the  risk  of  inadvertent  data  entry,  particularly  through  the  automatic  logging  capability  of  DSC-  compatible  systems.  We  note,  moreover,  that  this 
 action  is  consistent  with  our  recent  decision  to  allow  automatic  logging  in  the  Aviation  Radio  Service.  321 
 76.  We  will  also  relax  the  posting  requirement  for  VPC  stations.  The  purpose  of  the  posting  requirement  is  to  provide  a  means  for  authorized  representatives  of  the  Coast  Guard,  the  Commission,  and 

 foreign  administrations  to  ensure  that  the  station  is  using  only  authorized  equipment.  322  Modifying  this  requirement  for  VPC  licensees,  as  urged  by  Maritel,  323  will  reduce  the  regulatory  burden  on  VPC 
 licensees  without  compromising  the  ability  of  government  authorities  to  obtain  the  essential  information  underlying  the  posting  requirement    identification  and  location  of  the  license,  and  telephone  number  to 
 contact  the  licensees  representative    at  each  station.  In  addition,  this  relaxation  of  the  posting  requirement  is  consistent  with  the  posting  requirements  for  cellular  radio  service  and  private  land  mobile 
 radio  licensees.  324 
 2.  Filing  Documents 
 77.  Background.  We  classify  all  public  coast  stations  as  CMRS  providers.  325  Pursuant  to  section  10  of  the  Communications  Act  of  1934,  as  amended  (Act),  326  the  Commission  has  determined  to  forbear 

 from  enforcing  the  tariff  filing  obligations  of  section  203  of  the  Act  327  with  respect  to  most  domestic  CMRS  providers  because  the  CMRS  market  is  competitive.  328  The  Commission  has  also  exercised  its 
 authority  under  section  10  to  forbear  from  enforcing  section  214  of  the  Act  329  against  CMRS  providers  insofar  as  it  requires  them  to  file  an  application  and  secure  the  Commissions  advance  approval  before 
 any  discontinuance  of  service.  330  In  the  4  th  FNPRM,  the  Commission  tentatively  rejected  a  Maritel  request  to  amend  the  Part  80  rules  to  clearly  apply  these  forbearance  decisions  to  VPC  licensees.  331 
 Specifically,  it  tentatively  declined  to  adopt  Maritels  recommendation  that  the  Commission  remove  both  the  requirement  in  section  80.95(  a)(  1)  of  the  Commissions  rules  that  VPC  stations  charge  only  tariffed 

 320  Maritel  represents  that  it  has  the  capability  to  extend  access  to  its  electronic  records,  via  its  web  site,  to  the 
 Commission,  the  Coast  Guard,  and  the  NTSB,  to  facilitate  speedy  resolution  of  accident  investigations.  Maritel  Comments  (PR  92-  257)  at  13. 

 321  See  47  C.  F.  R.    87.  109;  see  also  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio 
 Service,  Report  and  Order,  WT  Docket  No.  01-  289,  18  FCC  Rcd  21432  (2003).  322 
 VPC  Second  R&  O,  12  FCC  Rcd  at  16979,    57.  323 
 Maritel  Comments  (PR  92-  257)  at  13.  324 
 See  47  C.  F.  R.    22.  303,  90.  437.  325 
 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  2  nd  R&  O), 

 recon.  dismissed  in  part  and  denied  in  part,  15  FCC  Rcd  5231  (2000);  see  also  47  C.  F.  R.    20.  9(  a)(  5),  80.  3(  f).  Although  all  public  coast  stations  are  presumed  to  be  CMRS  providers,  VPC  geographic  area  licensees  and 
 applicants  may  seek  authority  to  operate  as  private  land  mobile  radio  service  providers  if  they  make  a  showing  sufficient  to  overcome  the  CMRS  presumption.  See  47  C.  F.  R.    20.  9(  b). 
 326  47  U.  S.  C.    160. 
 327  Id.    203. 
 328  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1478-  79,    174-  175. 
 329  47  U.  S.  C.    214. 
 330  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1480-  81,    182. 
 331  VPC  4  th  FNPRM,  17  FCC  Rcd  at  240,    26. 
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 rates,  332  and  the  requirement  in  section  80.471  of  our  rules  that  a  public  coast  station  not  discontinue  or  impair  service  unless  authorized  to  do  so  by  the  Commission.  333  The  Commission  reasoned  that  it 
 generally  does  not  revise  its  service  rules  to  eliminate  requirements  from  which  it  is  forbearing.  334  The  Commission  further  noted  that  what  Maritel  recommends  is  already  in  effect,  in  that  we  no  longer 
 require  VPC  stations,  by  virtue  of  their  classification  as  domestic  CMRS  providers,  335  to  file  tariffs  or  submit  applications  for  discontinuance  of  service.  336  The  Commission  added  that  the  Part  80  rules 
 regarding  discontinuance  of  service  must  remain  in  effect  because  the  Commission  has  not  extended  forbearance  from  the  discontinuance-  of-  service  requirements  to  international  CMRS  providers,  such  as 
 high  seas  public  coast  stations,  but  only  to  domestic  CMRS  providers.  337  Therefore,  in  lieu  of  proposing  to  adopt  Maritels  recommendations  to  remove  these  regulatory  provisions,  the  Commission  proposed  to 
 simply  add  to  sections  80.95  and  80.471  a  cross-  reference  to  the  CMRS  forbearance  rule,  section  20.15(  b).  338 

 78.  Discussion.  We  will  add  to  sections  80.95  and  80.471  of  the  Commissions  rules  a  cross-reference  to  the  forbearance  rule.  This  revision  will  provide  VPC  licensees  with  additional  notice  that 
 they  are  no  longer  subject  to  the  tariff  filing  requirement  or  the  discontinuance-  of-  service  requirement.  We  decline  to  remove  the  subject  rules  for  the  reasons  stated  in  the  4  th  FNPRM.  We  note  that  Maritel 
 now  supports  the  approach  the  Commission  is  adopting.  339 
 V.  GMDSS  SECOND  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 A.  Digital  Selective  Calling  Equipment 
 79.  Section  80.225(  a)  of  the  Commissions  rules  specifies  that  DSC  equipment  voluntarily  installed  in  coast  or  ship  stations  must  meet  either  the  requirements  of  ITU-  R  Recommendation  M.  493-  10 

 (including  only  equipment  classes  A,  B,  D  and  E)  or  RTCM  Paper  56-  95/  SC101-  STD.  340  Recommendation  ITU-  R  M.  493-  11  was  approved  by  ITU-  R  Working  Party  8B  and  by  Study  Group  8  in 
 December  2003.  In  addition,  IEC  62238,  describing  certification  requirements  for  a  Class  D  (VHF)  DSC  radio,  was  adopted  and  published  in  March  2003.  The  USCG  in  its  comments  requested  that  once 
 Recommendation  ITU-  R  M.  493-  11  and  IEC  62238  are  adopted,  all  DSC  equipment  should  meet  Recommendation  ITU-  R  M.  493-  11  and  Class  D  DSC  equipment  should  meet  IEC  62238,  in  place  of 
 RTCM  Paper  56-  95/  SC101-  STD.  341  We  note  that  the  RTCM  standard  has  not  been  updated  and  does  contain  some  discrepancies  and  contradictions  with  the  ITU  standard,  such  as  its  requirement  that  MF/  HF 
 DSC  radios  include  provisions  for  routine  all-  ships  calling.  Should  reference  to  the  RTCM  standard  be  deleted  in  favor  of  the  new  Recommendation  ITU-  R  M.  493-  11?  IEC  Standard  62238  includes  a 
 functional  requirement  possibly  requiring  dual  receivers,  to  ensure  a  DSC  call  can  be  received  while  voice 
 332  47  C.  F.  R.    80.95(  a)(  1). 
 333  47  C.  F.  R.    80.471. 
 334  VPC  4  th  FNPRM,  17  FCC  Rcd  at  240,    26. 
 335  See  47  C.  F.  R.    80.  3(  f). 
 336  VPC  4  th  FNPRM,  17  FCC  Rcd  at  240,    26  (citing  47  C.  F.  R.    20.  15(  b)(  3),  (c)). 
 337  See  CMRS  2nd  R&  O,  9  FCC  Rcd  at  1464,    126  &  n.  261  (indicating  that  the  Commission  had  not  proposed 
 forbearance  for  international  CMRS),  1481  n.  369  (declining  a  request  that  it  propose  forbearance  for  international  CMRS). 

 338  Id. 
 339  Maritel  Comments  (PR  92-  257)  at  14. 

 340  47  C.  F.  R.    80.  225(  a). 
 341  See  USCG  Comments  dated  08/  14/  02  at  5. 
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 traffic  is  being  received  on  another  channel.  Should  IEC  62238  be  included  in  the  requirement  of  Section  80.225(  a)  for  Class  D  radios  in  place  of  or  in  addition  to  the  RTCM  standard,  or  would  this  IEC  62238 
 standard  make  it  prohibitively  expensive  to  comply  with  the  rule?  Can  the  IEC  62238  standard  be  met  using  methods  not  requiring  dual  receivers?  We  request  comment  on  these  questions. 

 B.  INMARSAT  Ship  Earth  Stations 
 80.  Section  80.905  of  the  Commissions  Rules  permits  ships  operating  more  than  100  nautical  miles  from  shore  to  carry  certain  INMARSAT  ship  earth  stations  in  lieu  of  an  SSB  radio.  342  In  the 

 GMDSS  Second  Report  and  Order,  we  have  revised  section  80.905  to  limit  the  ship  earth  stations  authorized  by  that  section  to  INMARSAT  A  (existing  units  only),  B,  C  or  M.  343  After  the  GMDSS 
 FNPRM  was  issued,  the  IMO  accepted  the  INMARSAT  F-  77  ship  earth  station  as  meeting  GMDSS  requirements,  and  the  IEC  published  certification  standard  61097-  3  covering  the  INMARSAT  F-  77.  We 
 ask  interested  parties  to  consider  whether  section  80.905  should  be  further  amended  to  include  the  INMARSAT  F-  77  in  the  list  of  ship  earth  stations  that  are  permitted  to  be  used  in  lieu  of  an  SSB  radio. 
 Should  any  mobile  satellite  equipment  meeting  the  IMO  GMDSS  requirements  and  the  IEC  certification  requirements  be  included?  Should  any  mobile  satellite  system  meeting  the  Commissions  requirements 
 for  enhanced  911  (E911)  emergency  calling  and  relevant  IEC  certification  requirements  be  included? 
 C.  Reserve  Power  Requirements  for  Small  Passenger  Vessels 
 81.  Section  80.917  of  the  Commissions  rules  requires  vessels  of  more  than  100  gross  tons  to  have  a  reserve  power  supply  meeting  certain  minimum  standards.  344  The  NTSB  has  recommended  that 

 we  amend  section  80.917  to  extend  the  reserve  power  requirement  to  small  passenger  vessels  of  100  gross  tons  or  less.  345  The  NTSB  states  that  imposing  the  reserve  power  supply  requirement  on  all  small 
 passenger  vessels  will  prevent  accidents  and  save  lives.  346  The  impetus  for  this  recommendation  is  the  NTSBs  investigation  of  a  November  17,  2000  fire  on  board  the  small  passenger  vessel  Port  Imperial 
 Manhattan  in  the  Hudson  River.  347  The  fire  broke  out  when  the  Port  Imperial  Manhattan  was  carrying  eleven  persons  on  an  evening  commuter  run  from  Manhattan  to  Weehawken,  New  Jersey.  The  vessels 
 radio  became  inoperative  when  the  fire  burned  through  the  electrical  cables  to  the  pilothouse.  348  The  Port  Imperial  Manhattan  was  not  outfitted  with  an  emergency  backup  source  of  power,  and  was  not  required 
 to  have  such  reserve  power  under  the  Commissions  rules  because  it  weighed  less  than  100  gross  tons.  349  Although  passengers  and  crew  were  ultimately  rescued  without  loss  of  life,  and  the  burning  vessel  was 
 towed  to  shore  where  the  fire  was  extinguished  by  the  New  York  Fire  Department,  the  NTSB  concluded  that  the  vessels  inability  to  contact  search  and  rescue  personnel  through  VHF  radiotelephone 

 342  47  C.  F.  R.    80.  905. 
 343  See    38,  supra. 
 344  47  C.  F.  R.    80.  917.  Section  80.  917  by  its  terms  does  not  apply  to  any  vessel  the  keel  of  which  was  laid  on  or 
 before  March  1,  1957.  See  id.    80.  917(  a).  345 
 Letter,  dated  July  3,  2002,  from  Marion  C.  Blakey,  Chairman,  NTSB,  to  Michael  K.  Powell,  Chairman,  FCC  (NTSB  Recommendation).  The  NTSB  Recommendation  and  the  Commissions  response  to  the  NTSB,  Letter,  dated 

 October  23,  2002,  from  Dwana  R.  Terry,  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  to  Marion  C.  Blakey,  Chairman,  NTSB,  have  been  made  part  of  this  docket,  and  can 
 be  accessed  through  the  Commissions  Electronic  Comment  Filing  System.  346 
 Id.  at  1.  347 
 Id.  348 
 Id.  at  2.  349 
 Id. 
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 communication  unnecessarily  increased  the  risk  to  passengers  and  crew.  350  The  NTSB  notes  that  if  the  Port  Imperial  Manhattan  had  been  equipped  with  a  backup  source  of  power,  and  thereby  retained  its 
 communications  capability,  crewmembers  would  have  been  able  to  inform  emergency  response  vessels  of  the  seriousness  of  the  situation  and  help  coordinate  the  rescue  operation.  351  The  NTSB  therefore 
 recommends  (as  NTSB  Recommendation  M-  02-  17)  that  the  Commission  amend  its  rules  to  [  r]  equire  that  small  passenger  vessels  have  VHF  radiotelephone  communications  systems  on  board  that  can  operate 
 even  when  the  vessel  loses  power.  352 
 82.  Accordingly,  we  now  request  comment  on  whether  we  should  require  that  all  small  passenger  vessels  have  VHF  radiotelephone  communications  systems  on  board  that  can  operate  even  when  the 

 vessel  loses  power.  Proponents  of  such  a  requirement  should  indicate  whether  it  is  best  accomplished  through  simply  removing  the  tonnage  limitation  in  section  80.917,  or  whether  additional  or  alternative 
 rule  changes  are  required.  We  ask  commenters  to  provide  information  on  the  costs  to  small  vessel  operators  of  complying  with  such  a  requirement,  and  whether  the  safety  benefits  to  be  derived  therefrom 
 outweigh  the  compliance  costs.  Commenters  are  also  invited  to  recommend  other  means  of  addressing  the  safety  needs  of  small  vessel  operators,  crewmembers,  and  passengers,  either  as  alternatives  to  the 
 NTSB  Recommendation  or  as  supplementary  measures. 
 D.  Commercial  Operator  License  Issues 
 83.  Richard  H.  Weil  (Weil)  filed  a  petition  for  rulemaking  on  November  22,  1999,  seeking  an  amendment  of  section  13.15(  b)  of  the  Commissions  rules  353  to  extend  the  license  terms  of  GMDSS 

 Radio  Operator  Licenses,  GMDSS  Radio  Maintainer  Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits.  354  Weil  says  that  the  terms  of  these  authorizations  should  be 
 extended  to  the  lifetime  of  the  holder.  355  He  argues  that  it  is  arbitrary  to  provide  five-  year  terms  for  these  authorizations  when  General  Radiotelephone  Operator  Licenses,  Restricted  Radiotelephone  Operator 
 Permits,  and  Restricted  Radiotelephone  Operator  Permits-  Limited  Use  have  lifetime  terms.  356  Weil  further  contends  that  no  safety  purpose  is  served  by  the  renewal  requirement,  and  that  the  requirement 
 imposes  a  needless  paperwork  burden  on  the  affected  licensees  and  permittees.  357  We  invite  comment  on  Weils  proposal  to  provide  a  lifetime  term  for  GMDSS  Radio  Operators  Licenses,  GMDSS  Radio 
 Maintainers  Licenses,  GMDSS  Operator/  Maintainer  Licenses,  and  Marine  Radio  Operator  Permits,  and  ask  interested  parties  to  consider  whether  such  an  extension  of  the  license  term,  if  adopted,  should  apply 
 to  existing  licenses  as  well  as  new  licenses.  358 

 350  Id. 
 351  Id. 
 352  Id.  at  3. 
 353  47  C.  F.  R.    13.  15(  b). 
 354  Richard  H.  Weil  Petition  for  Rulemaking,  RM-  10647,  filed  Nov.  22,  1999  (Weil  Petition).  The  Petition  for 
 Rulemaking  was  placed  on  public  notice  on  February  14,  2003.  Consumer  &  Governmental  Affairs  Bureau  Reference  Information  Center    Petition  for  Rulemaking  Filed,  Public  Notice,  Report  No.  2595  (rel.  Feb.  14,  2003). 

 355  Weil  Petition  at  1. 
 356  Id.  Mr.  Weil  notes  that,  under  our  current  rules,  a  person  upgrading  from  a  Marine  Radio  Operator  Permit  to  a 
 General  Radiotelephone  Operator  License  does  not  have  to  file  periodic  renewal  applications  as  a  consequence  of  the  upgrade,  but  if  that  person  upgrades  again,  to  a  GMDSS  Radio  Maintainers  License,  he  or  she  must  once  again 

 satisfy  the  renewal  requirement.  Id.  357 
 Id.  358 
 Mr.  Weil  proposes  that  the  extended  license  term  apply  not  only  to  licenses  and  permits  issued  after  the  proposed  new  rule  would  take  effect,  but  also  to  licenses  and  permits  issued  prior  to  the  effective  date.  Id. 
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 84.  As  noted  earlier,  359  in  2001  PSPWD  granted  a  waiver  of  section  13.203(  a)(  5)  of  the  Commissions  rules  360  to  permit  Commercial  Operator  License  Examination  Managers  (COLEMs)  to  use 
 100-  question  examinations  for  Element  7.  361  Earlier  that  year,  PSPWD  granted  COLEMs  a  waiver  of  section  13.215  of  the  Commissions  rules  362  to  provide  them  with  a  six-  month  transition  period  before 
 they  were  required  to  use  the  new  question  pool  for  Element  7.  363  The  waiver  was  needed  because  section  13.215  provides  that  COLEMs  must  use  only  the  most  recent  question  pool  made  available  to  the  public 
 in  selecting  questions  for  an  examination.  364  We  can  envision  other  situations  in  which  it  might  be  beneficial  to  provide  a  reasonable  transition  period  before  use  of  a  new  question  pool  becomes 
 mandatory.  Accordingly,  we  seek  comment  on  whether  we  should  amend  section  13.215  by  removing  the  requirement  that  COLEMs  use  only  the  most  recent  question  pool.  If  we  so  amend  the  rule,  we  anticipate 
 that  the  Bureau  would  announce  a  transition  period  for  phasing  in  the  use  of  any  new  question  pool  in  the  same  public  notice  in  which  it  announces  the  establishment  and  availability  of  that  question  pool.  Finally, 
 as  a  further  measure  to  enhance  flexibility  in  the  commercial  radio  operator  license  examination  process,  and  to  obviate  the  need  for  waivers  in  the  future,  it  may  be  beneficial  to  revise  section  13.203(  a)  of  the 
 Commissions  rules  365  by  deleting  the  specification  of  the  number  of  questions  for  each  examination  element.  If  we  do  not  codify  the  number  of  questions  for  each  examination  element,  the  Bureau  could 
 specify  the  number  of  questions  for  a  given  examination  element  in  a  public  notice.  366  We  request  comment  on  this  approach. 

 E.  Ship  Security  Alert  System 
 85.  On  May  29,  2003,  the  IMO  adopted  Resolution  MSC.  147(  77),  Adoption  of  the  Revised  Performance  Standards  for  a  Ship  Security  Alert  System,  to  provide  a  means  for  certain  ships  367  to 

 transmit  a  covert  security  alert  to  shore  to  indicate  that  the  security  of  the  ship  is  under  threat  or  has  been  compromised.  The  Resolution  was  incorporated  into  SOLAS  Chapter  XI-  2,  Regulation  6  and  goes  into 
 effect  on  July  1,  2004.  The  Resolution  recommended  only  functional  requirements  for  the  Ship  Security  Alert  System  (SSAS).  For  example,  the  system  should  have  two  activation  points  known  only  to  the  user, 
 the  system  shall  operate  on  a  radio  system  that  does  not  require  adjustments  such  as  tuning  the  radio  and  shall  not  cause  an  alarm  to  be  raised  on  board,  and  the  system  shall  include  a  unique  identifier  indicating 
 that  the  alert  has  not  been  generated  as  a  GMDSS  alert.  The  Resolution  did  not  recommend  technical  performance  standards  for  the  SSAS,  but  recommended  that  it  may  use  existing  radio  installations  that  are 
 compliant  with  chapter  IV  of  the  SOLAS  Convention,  other  general  communications  radio  systems  or  a 

 359  See    51  &  note  202,  supra. 
 360  47  C.  F.  R.    13.  203(  a)(  5). 
 361  NRE  Waiver  Order. 
 362  47  C.  F.  R.    13.215. 
 363  Wireless  Telecommunications  Bureau  Approves  New  Commercial  Operator  License  Examination  (COLE) 
 Question  Pool  for  Element  7  (Global  Maritime  Distress  and  Safety  System  (GMDSS)  Radio  Operating  Procedures),  Public  Notice,  16  FCC  Rcd  14466  (2001).  It  was  the  establishment  of  the  new  question  pool,  covering  100  key 

 topics,  that  suggested  the  desirability  of  a  100-  question  test  for  Element  7.  364 
 47  C.  F.  R.    13.215.  365 
 Id.    13.  203(  a).  366 
 We  would  assume  that  the  number  of  questions  for  an  examination  element  would  typically  be  established  in  the  same  public  notice  announcing  a  new  question  pool  for  that  element. 

 367  On  new  ships  built  after  1  July  2004;  on  all  passenger  ships  not  later  than  the  first  radio  installation  survey  after  1 
 July  2004;  on  all  tankers,  gas  carriers,  bulk  carriers,  and  cargo  high  speed  ships  over  500  gross  tonnage,  not  later  than  the  first  radio  installation  survey  after  1  July  2004;  and  on  all  other  ships  over  500  gross  tonnage,  not  later  than 

 the  first  radio  installation  survey  after  1  July  2006. 
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 dedicated  radio  system.  The  equipment  could  include  cellular  phones  in  coastal  areas  and  satellite  services  such  as  Inmarsat  A,  B,  C,  D,  M,  F-  77  away  from  coastal  areas,  and  possibly  GMDSS 
 VHF/  MF/  HF  equipment  in  areas  where  there  are  coast  stations  for  receiving  addressed  calls.  368  The  Coast  Guard  will  assure  that  vessels  SSAS  meets  SOLAS  requirements  during  its  inspection  of  vessels. 
 We  seek  comment  to  assist  us  in  formulating  the  rules  to  guide  the  industry  in  making  communications  equipment  to  meet  the  needs  of  the  SSAS.  For  example,  what  requirements  should  be  imposed  for  SSAS 
 equipment,  certification,  testing,  registration,  technical  performance,  message  content  and  format,  and  routing  of  ship  security  alerts?  What  requirements  are  appropriate  for  communications  service  providers 
 that  route  alerts  from  ship  security  equipment? 
 F.  Updated  References  to  International  Standards 
 86.  One  of  the  key  goals  of  this  proceeding  is  to  keep  the  Part  80  rules  up  to  date  with  respect  to  changes  in  the  international  standards  to  which  reference  is  made  in  Part  80.  369  As  noted,  the  Part  80  rules 

 incorporate  performance  standards  established  by  the  IMO,  the  ITU,  the  IEC  and  other  standards-  setting  organizations.  We  ask  commenters  to  identify  any  such  standards  that  have  been  revised  or  updated  to  a 
 new  version  since  the  adoption  of  the  GMDSS  R&  O  on  March  27,  2002,  thus  requiring  a  corresponding  amendment  of  the  Commissions  rules.  We  specifically  ask  whether  we  should  make  the  on-  board 
 frequencies  listed  in  section  80.373(  g)  of  the  Commissions  rules  370  available  for  narrowband  operations  in  light  of  the  narrowbanding  of  these  frequencies  by  the  ITU.  371 

 G.  2002  Biennial  Review 
 87.  On  November  8,  2002,  Globe  Wireless  filed  ex  parte  comments  in  the  2002  Biennial  Regulatory  Review  proceeding  proposing  the  elimination  or  revision  of  a  number  of  part  80  rules.  372  On 

 December  31,  2002,  the  Bureau  issued  a  2002  Biennial  Regulatory  Review  Staff  Report  providing  recommendations  as  to  whether  specific  rules  should  be  retained,  modified,  or  repealed.  373  The  Staff 
 Report  recommended  that  the  Commission  address  the  Globe  Wireless  Comments  in  the  context  of  the  instant  proceeding.  374  Accordingly,  we  hereby  incorporate  the  Globe  Wireless  Comments  into  the  record 
 of  this  proceeding,  and  request  comment  on  them.  375 

 368  We  understand  that  a  number  of  providers  already  offer  ship  security  alert  systems.  For  example,  Pole  Star, 
 Satamatic,  and  Transas  each  offer  a  unit  that  consists  of  an  Inmarsat  D  transceiver  with  integrated  GPS.  Transas  receives  and  manages  the  alerts  in  its  security  monitoring  center,  and  takes  action  to  notify  and  inform  authorities. 

 Another  system,  ShipLoc  is  operated  by  CLS,  a  subsidiary  of  the  French  Space  Agency,  and  uses  an  Argos  transmitter  and  GPS  receiver  which  allows  commercial  ships  to  be  tracked  in  near  real-  time  and  to  inform 
 authorities  if  there  is  a  threat.  COSPAS/  SARSAT,  a  joint  international  satellite-  based  search  and  rescue  system  established  by  Canada,  Russia,  and  the  United  States  to  locate  emergency  radio  beacons  transmitting  on  121.5  MHz 
 and  406  MHz,  is  also  considering  offering  a  service  over  the  COSPAS/  SARSAT  system  using  the  406.  0-  406.  1  MHz  band. 
 369  See    6,  supra. 
 370  47  C.  F.  R.    80.  373(  g). 
 371  See  id.    2.106  n.  5.287. 
 372  Globe  Wireless,  Comments  on:  476  [sic]  CFR  Chapter  1    Possible  Revision  or  Elimination  of  Rules  (filed  Nov. 
 8,  2002)  (Globe  Wireless  Comments).  373 
 Federal  Communications  Commission  2002  Biennial  Regulatory  Review,  Staff  Report  of  the  Wireless  Telecommunications  Bureau,  WT  Docket  No.  02-  310,  18  FCC  Rcd  4243  (2002)  (Staff  Report). 

 374  Id.,  18  FCC  Rcd  at  4335. 
 375  Globe  Wireless  recommends,  inter  alia,  that  the  Commission  delete  section  80.  141(  c)(  1)-(  2),  47  C.  F.  R. 
   80.  141(  c)(  1)-(  2),  as  obsolete;  delete  section  80.  203(  b)(  3),  47  C.  F.  R.    80.203(  b)(  3),  to  accommodate  (continued....) 
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 88.  In  addition,  we  note  that  housekeeping  changes  to  part  80  rules  other  than  those  identified  by  Globe  Wireless  also  may  be  warranted.  For  example,  note  5  to  section  80.207(  d)  of  the  Commissions 
 Rules  grandfathers  certain  transmitters  manufactured  prior  to  December  31,  1969.  376  We  doubt  that  any  of  these  transmitters  are  still  in  use,  and  we  seek  comment  on  this  question  and  on  whether  the  note  can 
 be  deleted.  Also  with  respect  to  section  80.207(  d)  and  section  80.313,  we  believe  the  entries  in  the  tables  for  the  frequency  band  1605-  27500  kHz  377  should  instead  list  1615  kHz  as  the  low  end  of  the  band, 
 because  the  only  maritime  mobile  operations  permitted  in  the  broadcast  AM  expanded  band,  1605-  1705  kHz,  are  those  authorized  pursuant  to  footnote  US299  of  the  Table  of  Frequency  Allocations,  which  does 
 not  encompass  1605-  1615  kHz.  378  We  propose  to  correct  this  error.  Further,  we  note  that  the  section  80.207(  d)  table  specifies  emissions  for  radionavigation  operations  in  the  frequency  band  14.00-  14.05 
 GHz.  We  recently  proposed  in  another  proceeding  to  remove  the  radionavigation  allocation  in  this  band,  379  and  now  we  accordingly  propose  to  remove  the  entry  for  14.00-  14.05  GHz  in  section  80.207(  d). 
 We  invite  comment  on  all  of  these  proposals. 
 VI.  REGULATORY  MATTERS 
 A.  Ex  Parte  Rules  -  Permit-  But-  Disclose  Proceeding 
 89.  This  is  a  permit-  but-  disclose  notice  and  comment  rulemaking  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda  period,  provided  they  are  disclosed  as 

 provided  in  the  Commissions  rules.  380 
 B.  Regulatory  Flexibility  Act 
 90.  As  required  by  the  Regulatory  Flexibility  Act  (RFA),  381  the  Commission  has  prepared  a  Final  Regulatory  Flexibility  Analysis  (FRFA)  of  the  rules  adopted  in  the  Second  Report  and  Order  in  WT 

 Docket  No.  00-  48.  The  FRFA  for  the  Second  Report  and  Order  in  WT  Docket  No.  00-  48  is  contained  in  Appendix  C.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information 
 Center,  will  send  a  copy  of  the  Second  Report  and  Order  in  WT  Docket  No.  00-  48,  including  the  FRFA, 

 (...  continued  from  previous  page)  programming  of  authorized  channels  through  the  use  of  remote  computers;  revise  the  list  of  emission  classes  in 
 section  80.  207,  47  C.  F.  R.    80.  207;  delete  rules  pertaining  to  Morse  code,  47  C.  F.  R.    80.  355,  80.  357;  revise  section  80.  363,  47  C.  F.  R.    80.  363,  to  make  additional  spectrum  available  for  ship  station  facsimile  transmissions; 

 and  reassess  the  demand  for  private  communications  frequencies,  47  C.  F.  R.    80.  373.  We  note  that  some  of  Globe  Wirelesss  recommendations  are  addressed,  or  otherwise  rendered  moot,  by  actions  already  taken  or  proposed  in  this 
 proceeding.  376 
 See  47  C.  F.  R.    80.  207(  d),  n.  5.  377 
 Id.,    80.  207(  d),  80.  313.  There  are  three  such  entries  in  the  section  80.  207(  d)  table,  one  for  ship  station  radiotelegraphy,  one  for  ship  station  radiotelephony,  and  one  for  land  station  radiotelephony. 

 378  See  47  C.  F.  R.    2.106,  n.  US299  (providing  that  [  t]  he  1615-  1705  kHz  band  in  Alaska  is  also  allocated  to  the 
 maritime  mobile  services  and  the  Alaska  fixed  service  on  a  secondary  basis  to  Region  2  broadcast  operations.).  379 
 See  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio  Service,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  18  FCC  Rcd  21432    85  (2003)  (proposing 

 specifically  to  remove  the  reference  to  the  14000-  14400  MHz  band  in  47  C.  F.  R.    87.  187(  x)  and  to  also  remove  from  the  Table  of  Frequency  Allocations,  47  C.  F.  R.    2.106,  the  allocation  for  radionavigation  in  the  14000-  14200 
 MHz  band).  380 
 See  generally  47  C.  F.  R.    1.1202,  1.  1203,  1.  1206(  a). 
 381  5  U.  S.  C.    603. 
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 to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration,  in  accordance  with  the  RFA.  382 
 91.  As  required  by  the  RFA,  383  the  Commission  has  also  prepared  a  FRFA  of  the  rules  adopted  in  the  Sixth  Report  and  Order  in  PR  Docket  No.  92-  257.  The  FRFA  for  the  Sixth  Report  and  Order  in  PR 

 Docket  No.  92-  257  is  contained  in  Appendix  D.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  will  send  a  copy  of  the  Sixth  Report  and  Order  in  PR  Docket  No. 
 92-  257,  including  the  FRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration,  in  accordance  with  the  RFA.  384 

 92.  As  required  by  the  RFA,  385  the  Commission  has  prepared  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  rules  proposed  or  discussed  in  the  Second  Further  Notice  of  Proposed  Rule 
 Making  in  WT  Docket  No.  00-  48.  The  IRFA  for  the  Second  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48  is  contained  in  Appendix  E.  Written  public  comments  are  requested  on  the  IRFA. 
 These  comments  must  be  filed  in  accordance  with  the  same  filing  deadlines  for  comments  on  the  Second  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48,  and  they  should  have  a  separate  and 
 distinct  heading  designating  them  as  responses  to  the  IRFA.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  will  send  a  copy  of  the  Second  Further 
 Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48,  including  the  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration,  in  accordance  with  the  Regulatory  Flexibility  Act.  386 

 C.  Comment  Dates 
 93.  Pursuant  to  sections  1.415  and  1.419  of  the  Commissions  rules,  47  C.  F.  R.    1.415,  1.419,  interested  parties  may  file  comments  on  or  before  [90  days  after  Federal  Register  publication]  and  reply 

 comments  on  or  before  [120  days  after  Federal  Register  publication].  Comments  may  be  filed  using  the  Commissions  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  387 

 94.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  <http://  www.  fcc.  gov/  e-  file/  ecfs.  html>.  Generally,  only  one  copy  of  an  electronic  submission  must  be 
 filed.  If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  commenters  must  transmit  one  electronic  copy  of  the  comments  to  each  docket  or  rulemaking  number 
 referenced  in  the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  number.  Parties  may  also 
 submit  an  electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail  to  ecfs@  fcc.  gov,  and  should  include  the  following  words  in  the  body 
 of  the  message,  get  form  <your  e-  mail  address>.  A  sample  form  and  directions  will  be  sent  in  reply.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one 
 docket  or  rulemaking  number  appears  in  the  caption  of  this  proceeding,  commenters  must  submit  two  additional  copies  for  each  additional  docket  or  rulemaking  number.  All  filings  must  be  addressed  to  the 
 Commissions  Secretary,  Marlene  H.  Dortch,  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12th  St.,  S.  W.,  Washington,  D.  C.  20554.  Filings  can  be  sent  first  class  by  the  U.  S. 
 Postal  Service,  by  an  overnight  courier  or  hand  and  message-  delivered.  Hand  and  message-  delivered 
 382  Id.    603(  a). 
 383  Id.    603. 

 384  Id.    603(  a). 
 385  Id.    603. 

 386  Id.    603(  a). 
 387  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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 paper  filings  must  be  delivered  to  236  Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  20002.  Overnight  courier  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to  9300 
 East  Hampton  Drive,  Capitol  Heights,  MD  20743. 
 95.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette.  These  diskettes  should  be  submitted  to:  Jeffrey  Tobias,  Wireless  Telecommunications  Bureau,  445  12th  St., 

 S.  W.,  Room  4-  A366,  Washington,  D.  C.  20554.  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  the  commenters  name,  proceeding  (including  the  lead  docket  number  in 
 this  case,  WT  Docket  No.  00-  48),  type  of  pleading  (comment  or  reply  comment),  date  of  submission,  and  the  name  of  the  electronic  file  on  the  diskette.  The  label  should  also  include  the  following  phrase  Disk 
 Copy  -  Not  an  Original.  Each  diskette  should  contain  only  one  partys  pleadings,  preferably  in  a  single  electronic  file.  In  addition,  commenters  should  send  diskette  copies  to  the  Commissions  copy  contractor, 
 Qualex  International,  Inc.,  445  12th  St.,  S.  W.,  Room  CY-  B402,  Washington,  D.  C.  20054. 
 D.  Paperwork  Reduction  Act 
 96.  This  Second  Report  and  Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule  Making  does  not  contain  any  new  or  modified  information  collection. 

 E.  Further  Information 
 97.  For  further  information,  contact  Jeffrey  Tobias,  jeff.  tobias@  fcc.  gov,  or  Ghassan  Khalek,  ghassan.  khalek@  fcc.  gov,  Wireless  Telecommunications  Bureau,  (202)  418-  0680,  or  TTY  (202)  418- 

 7233. 
 98.  Alternative  formats  (computer  diskette,  large  print,  audiocassette  and  Braille)  are  available  to  persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  7365,  or  at 

 bmillin@  fcc.  gov.  This  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making  can  also  be  downloaded  at:  http://  www.  fcc.  gov/. 

 F.  Ordering  Clauses 
 99.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  the  authority  of  Sections  4(  i),  303(  r),  and  332(  a)(  2)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  332(  a)(  2),  Parts 

 2,  13  and  80  of  the  Commissions  Rules  ARE  AMENDED  as  set  forth  in  the  attached  Appendix  B,  effective  sixty  days  after  publication  in  the  Federal  Register. 

 100.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  Sections  4(  i),  303(  r),  and  403  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r)  and  403,  this  Second  Report  and 
 Order,  Sixth  Report  and  Order,  and  Second  Further  Notice  of  Proposed  Rule  Making  IS  HEREBY  ADOPTED,  and  NOTICE  IS  HEREBY  GIVEN  of  the  proposed  regulatory  changes  described  in  the 
 Second  Further  Notice  of  Proposed  of  Rule  Making  and  contained  in  Appendix  E. 
 101.  IT  IS  FURTHER  ORDERED  that  the  Motion  to  Accept  Late  Filing  filed  by  the  GMDSS  Task  Force  is  GRANTED  and  the  late-  filed  comments  of  the  GMDSS  Task  Force  and  Dr.  Schenk  of 

 America  LLC  are  HEREBY  ACCEPTED  into  the  record  in  this  proceeding. 
 102.  IT  IS  FURTHER  ORDERED  that  the  Commissions  Consumer  Information  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Second  Report  and  Order,  Sixth  Report  and 

 Order,  and  Second  Further  Notice  of  Proposed  Rule  Making,  including  the  Final  Regulatory  Flexibility  Analysis  for  the  Second  Report  and  Order  in  WT  Docket  No.  00-  48,  the  Final  Regulatory  Analysis  for 
 the  Sixth  Report  and  Order  in  PR  Docket  No.  92-  257,  and  the  Initial  Regulatory  Flexibility  Analysis  for 
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 the  Second  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 
 FEDERAL  COMMUNICATIONS  COMMISSION 

 Marlene  H.  Dortch  Secretary 
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 Federal  Communications  Commission  FCC  04-  3 
 A-  1 
 APPENDIX  A 
 Parties  Submitting  Comments  and  Reply  Comments  in  WT  Docket  No.  00-  48 
 The  following  list  contains  the  names  of  parties  filing  comments  and  reply  comments  in  response  to  the  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48: 

 Comments 
 Owen  Anderson  Kurt  Anderson 
 Dr.  Schenk  of  America  LLC  MariTEL,  Inc.  (Maritel) 
 National  GMDSS  Implementation  Task  Force  (The  Task  Force)  Ronald  H.  Neuman/  Maritime  Institute  of  Technology  and  Graduate  Studies  (Neuman) 
 Passenger  Vessel  Association  (PVA)  Radio  Technical  Commission  for  Maritime  Services  (RTCM) 
 Recreational  Boating  Association  of  Washington  (RBAW)  United  States  Coast  Guard  (USCG) 

 Reply  Comments 
 Maritel  RBAW 

 Parties  Submitting  Comments  and  Reply  Comments  in  PR  Docket  No.  92-  257 
 The  following  list  contains  the  names  of  parties  filing  comments  and  reply  comments  in  response  to  the  Fourth  Further  Notice  of  Proposed  Rule  Making  in  PR  Docket  No.  92-  257: 

 Comments 
 Maritel  USCG 

 Reply  Comments 
 The  Association  of  Public-  Safety  Communications  Officials-  International,  Inc.  (APCO)  Maritel 
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 B-  1 
 Federal  Communications  Commission  FCC  04-  3 
 APPENDIX  B 
 FINAL  RULES 
 Chapter  I  of  Title  47  of  the  Code  of  Federal  Regulations,  Parts  13  and  80,  is  amended  as  follows: 
 II.  PART  13  --  COMMERCIAL  RADIO  OPERATORS 
 1.  The  authority  citation  for  Part  13  continues  to  read  as  follows: 
 AUTHORITY:  Secs.  4,  303,  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303. 
 2.  Section  13.203  is  amended  by  revising  paragraph  (a)(  5),  redesignating  paragraphs  (a)(  6)  and  (a)(  7)  as  paragraphs  (a)(  7)  and  (a)(  8),  and  adding  a  new  paragraph  (a)(  6)  to  read  as  follows: 

   13.203  Examination  elements. 
 (a)  *  *  * 
 (5)  Element  7:  GMDSS  radio  operating  practices.  100  questions  concerning  GMDSS  radio  operating  procedures  and  practices  sufficient  to  show  detailed  practical  knowledge  of  the  operation  of  all 
 GMDSS  sub-  systems  and  equipment;  ability  to  send  and  receive  correctly  by  radio  telephone  and  narrow-band  direct-  printing  telegraphy;  detailed  knowledge  of  the  regulations  applying  to  radio  communications, 
 knowledge  of  the  documents  relating  to  charges  for  radio  communications  and  knowledge  of  those  provisions  of  the  International  Convention  for  the  Safety  of  Life  at  Sea  which  relate  to  radio;  sufficient 
 knowledge  of  English  to  be  able  to  express  oneself  satisfactorily  both  orally  and  in  writing;  knowledge  of  and  ability  to  perform  each  function  listed  in    80.1081;  and  knowledge  covering  the  requirements  set 
 forth  in  IMO  Assembly  Resolution  on  Training  for  Radio  Personnel  (GMDSS),  Annex  3.  The  minimum  passing  score  is  75  questions  answered  correctly. 

 (6)  Element  7R:  Restricted  GMDSS  radio  operating  practices.  50  questions  concerning  those  GMDSS  radio  operating  procedures  and  practices  that  are  applicable  to  ship  stations  on  vessels  that  sail 
 exclusively  in  sea  area  A1,  as  defined  in    80.1069  of  this  chapter,  sufficient  to  show  detailed  practical  knowledge  of  the  operation  of  pertinent  GMDSS  sub-  systems  and  equipment;  ability  to  send  and  receive 
 correctly  by  radio  telephone  and  narrow-  band  direct-  printing  telegraphy;  detailed  knowledge  of  the  regulations  governing  radio  communications  within  sea  area  A1,  knowledge  of  the  pertinent  documents 
 relating  to  charges  for  radio  communications  and  knowledge  of  the  pertinent  provisions  of  the  International  Convention  for  the  Safety  of  Life  at  Sea;  sufficient  knowledge  of  English  to  be  able  to 
 express  oneself  satisfactorily  both  orally  and  in  writing;  knowledge  of  and  ability  to  perform  each  pertinent  function  listed  in    80.1081;  and  knowledge  covering  the  pertinent  requirements  set  forth  in 
 IMO  Assembly  Resolution  on  Training  for  Radio  Personnel  (GMDSS),  Annex  3.  The  minimum  passing  score  is  38  questions  answered  correctly. 
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 B-  2 
 III.  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  80.15  is  amended  by  revising  paragraph  (e)(  2)  to  read  as  follows: 
   80.15  Eligibility  for  station  license. 
 *  *  *  *  * 
 (e)  *  *  * 
 (2)  A  406.0-  406.1  MHz  EPIRB  may  be  used  by  any  ship  required  by  U.  S.  Coast  Guard  regulations  to  carry  an  EPIRB  or  by  any  ship  that  is  equipped  with  a  VHF  ship  radio  station.  An 

 INMARSAT-  E  EPIRB  may  be  used  by  any  ship  required  by  U.  S.  Coast  Guard  regulations  to  carry  an  EPIRB  or  by  any  ship  that  is  equipped  with  a  VHF  radio  station,  provided  that  the  ship  is  not  operating  in 
 sea  area  A4  as  defined  in    80.1069(  a)(  4)  of  this  part. 
 *  *  *  *  * 
 3.  Section  80.  59  is  amended  by  revising  paragraph  (c)(  1)(  x)  to  read  as  follows: 
   80.59  Compulsory  ship  inspections. 
 *  *  *  *  * 
 (c)  *  *  * 
 (1)  *  *  * 

 (x)  Type  and  quantity  of  radio  equipment  on  board,  including: 
 (A)  VHF  Radio  Installation  (indicate  if  GMDSS  approved); 
 (B)  Single  Side-  Band  (SSB)  (indicate  the  band  of  operation,  MF  or  HF  and  indicate  if  GMDSS  approved); 

 (C)  Category  1,  406  MHz  EPIRB  (GMDSS  approved); 
 (D)  NAVTEX  Receiver  (GMDSS  approved); 
 (E)  Survival  Craft  VHF  (GMDSS  approved); 
 (F)  9  GHz  Radar  Transponder  (GMDSS  approved); 
 (G)  Ship  Earth  Station; 
 (H)  2182  Radiotelephone  Auto  Alarm 
 (I)  Reserve  Power  Supply  (capability);  and 
 (J)  Any  other  equipment. 
 *  *  *  *  * 
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 B-  3 
 4.  Section  80.  95  is  amended  by  revising  paragraph  (a)  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: 

 *  *  *  *  * 
 5.  Section  80.98  is  amended  to  read  as  follows: 
   80.98  Radiotelegraph  testing  procedures. 
 Stations  authorized  to  use  telegraphy  may  conduct  tests  on  any  assigned  frequency.  Emissions  must  not  cause  harmful  interference.  When  radiation  is  necessary  the  radiotelegraph  testing  procedure 

 described  in  this  paragraph  must  be  followed: 
 (a)  The  operator  must  not  interfere  with  transmissions  in  progress. 
 (b)  The  operator  must  transmit  IE  (two  dots,  space,  one  dot)  on  the  test  frequency  as  a  warning  that  test  emissions  are  about  to  be  made. 

 (c)  If  any  station  transmits  AS  (wait),  testing  must  be  suspended.  When  transmission  of  IE  is  resumed  and  no  response  is  heard,  the  test  may  proceed. 
 (d)  Test  signals  composed  of  a  series  of  VVV  having  a  duration  of  not  more  than  ten  seconds,  followed  by  the  call  sign  of  the  testing  station  will  be  transmitted.  The  call  sign  must  be  sent  clearly  at  a 
 speed  of  approximately  10  words  per  minute.  This  test  transmission  must  not  be  repeated  until  a  period  of  at  least  one  minute  has  elapsed. 

 *  *  *  *  * 
 6.  Section  80.102  is  amended  by  revising  paragraph  (f)  to  read  as  follows: 
   80.102  Radiotelephone  station  identification. 
 *  *  *  *  * 
 (f)  VHF  public  coast  stations  licensed  to  serve  a  predetermined  geographic  service  area  are  not  required  to  provide  station  identification  under  this  section.  A  site-  based  VHF  public  coast  station  may 

 identify  by  means  of  the  approximate  geographic  location  of  the  station  or  the  area  it  serves  when  it  is  the  only  VHF  public  coast  station  serving  the  location  or  there  will  be  no  conflict  with  the  identification  of  any 
 other  station. 
 *  *  *  *  * 
 7.  Section  80.  142  is  amended  by  removing  paragraph  (c)(  1)(  i)  and  redesignating  paragraphs  (c)(  1)(  ii)  and  (c)(  1)(  iii)  as  (c)(  1)(  i)  and  (c)(  1)(  ii). 

 8.  Section  80.  203  is  amended  by  adding  a  new  paragraph  (m)(  6)  to  read  as  follows: 
   80.203  Authorization  of  transmitters  for  licensing. 
 *  *  *  *  * 
 (m)  *  *  * 
 (6)  No  ship  station  shall  include  any  device  or  provision  capable  of  transmitting  any  tone  or  signal  on  a  distress  frequency  for  any  purpose  unless  specific  provisions  exist  in  this  Part  authorizing  such  tone  or 

 signal. 
 *  *  *  *  * 
 9.  Section  80.  207  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 
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   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................................................... 
 405-  525  kHz...................................................  1605-  27500  kHz: 
 Manual  15,  16,  17  ..............................................  DSC  6  ........................................................... 
 NB-  DP  14,  16  ...................................................  Facsimile...................................................... 
 156-  162  MHz  2  .................................................  DSC.............................................................. 
 216-  220  MHz  3  .................................................  1626.5-  1646.5  MHz............ 
 Radiotelephony:  1605-  27500  kHz  5,  16  ........................................ 
 27.5-  470  MHz  6  ................................................  1626.5-  1646.5  MHz........................................ 
 Radiodetermination:  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  A1A,  J2A 
 A1A,  J2A,  J2B,  J2D  F1B,  J2B 
 F1B,  J2B,  J2D  F1C,  F3C,  J2C,  J3C 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D  G2B 
 F1B,  F2B,  F2C,  F3C  (  4  ) 

 H3E,  J2D,  J3E,  R3E  G3D,  G3E 
 (  4  ) 
 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  16  ......................................................  DSC  18  ........................................................... 
 NB-  DP  14,  18  ...................................................  Facsimile...................................................... 
 Alaska  Fixed  17,  18  .........................................  72-  76  MHz...................................................... 
 156-  162  MHz  2,  20  .............................................  DSC.............................................................. 
 216-  220  MHz  3  ................................................. 

 A1A  A1A,  J2A 
 A1A,  J2A  F1C,  F3C,  J2C,  J3C 
 A1A,  J2A 
 A1A,  J2A,  J2B,  J2D  F1B,  J2B 
 F1B,  J2B,  J2D  F1C,  F3C,  J2C,  J3C 
 A1A,  A2A,  F1B,  F2B,  J2B,  J2D  A1A,  A2A,  F1B,  F2B 
 F1B,  F2B,  F2C,  F3C,  F1D,  F2D  G2B 
 F1B,  F2B,  F2C,  F3C 
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 Radiotelephony:  1605-  27500  kHz  18,  19  ....................................... 
 72-  76  MHz......................................................  156-  470  MHz.................... 
 Radiodetermination:  2.4-  9.6  GHz.................... 
 Distress,  Urgency  and  Safety  8,  9  2182  kHz  10,  11  .................................................. 
 121.500  MHz..................................................  123.100  MHz.................................................. 
 156.  750  and  156.800  MHz  13  ...........................  243.000  MHz.................................................. 
 406.025  MHz.................................................. 

 H3E,  J3E,  R3E  A3E,  F3E,  G3E 
 G3E 
 PON 
 A2B,  A3B,  H2B,  H3E,  J2B,  J3E  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. 
 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,  EPIRBs  and  survival  craft  stations.  10 
 On  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 
 J2B  is  permitted  only  on  2000-  27500  kHz.  16 
 J2D  is  permitted  only  on  2000-  27500  kHz,  and  ship  stations  employing  J2D  emissions  shall  at  no  time  use  a  peak  envelope  power  in  excess  of  1.5  kW  per  channel. 

 17  J2B  and  J2D  are  permitted  provided  they  do  not  cause  harmful  interference  to  A1A. 
 18  Coast  stations  employing  J2D  emissions  shall  at  no  time  use  a  peak  envelope  power  in 

 excess  of  10  kW  per  channel.  19 
 J2D  is  permitted  only  on  2000-  27500  kHz.  20 
 If  a  station  uses  another  type  of  digital  emission,  it  must  comply  with  the  emission  mask  requirements  of    90.  210,  except  that  Automatic  Identification  System  (AIS)  transmissions  do  not 

 have  to  comply  with  the  emission  mask  requirements  of    90.  210. 
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 *  *  *  *  * 
 10.  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. 
 *  *  *  *  * 
 11.  Section  80.215  is  amended  by  revising  paragraph  (g)  to  read  as  follows: 
   80.215  Transmitter  power. 
 *  *  *  *  * 
 (g)  The  carrier  power  of  ship  station  radiotelephone  transmitters,  except  portable  transmitters,  operating  in  the  156-  162  MHz  band  must  be  at  least  8  but  not  more  than  25  watts.  Transmitters  that  use 

 12  volt  lead  acid  storage  batteries  as  a  primary  power  source  must  be  measured  with  a  primary  voltage  between  12.2  and  13.7  volts  DC.  Additionally,  unless  otherwise  indicated,  equipment  in  radiotelephone 
 ship  stations  operating  in  the  156-  162  MHz  band  must  meet  the  following  requirements: 
 (1)  All  transmitters  and  remote  control  units  must  be  capable  of  reducing  the  carrier  power  to  one  watt  or  less; 

 (2)  Except  as  indicated  in  (4)  of  this  paragraph,  all  transmitters  manufactured  after  January  21,  1987,  or  in  use  after  January  21,  1997,  must  automatically  reduce  the  carrier  power  to  one  watt  or  less 
 when  the  transmitter  is  tuned  to  156.375  MHz  or  156.650  MHz,  and  must  be  provided  with  a  manual  override  switch  which  when  held  by  an  operator  will  permit  full  carrier  power  operation  on  156.375  MHz 
 and  156.  650  MHz; 
 (3)  Except  as  indicated  in  (4)  of  this  paragraph,  all  ship  station  transmitters  installed  after  [one  year  after  the  effective  date  of  these  rules]  must  be  capable  of  tuning  to  156.775  MHz  and  156.825  MHz 
 and  must  automatically  reduce  the  carrier  power  to  one  watt  or  less,  with  no  manual  override  capability,  when  the  transmitter  is  tuned  to  either  156.775  MHz  or  156.825  MHz; 

 (4)  Hand-  held  portable  transmitters  are  not  required  to  comply  with  the  automatic  reduction  of  carrier  power  in  (g)(  2)  of  this  section;  and 
 (5)  Transmitters  dedicated  for  use  on  public  correspondence  duplex  channels  as  additional  equipment  to  a  VHF  ship  station  in  the  Great  Lakes  which  meet  all  pertinent  rules  in  this  part  are  not 
 required  to  reduce  their  carrier  power  to  one  watt. 
 *  *  *  *  * 
 12.  Section  80.275  is  added  to  read  as  follows: 
   80.275  Technical  Requirements  for  Automatic  Identification  Systems  (AIS)  equipment. 
 (a)  Prior  to  submitting  a  certification  application  for  an  AIS  device,  the  following  information  must  be  submitted  in  duplicate  to  the  Commandant  (G-  MSE),  U.  S.  Coast  Guard,  2100  2nd  Street,  S.  W., 
 Washington  D.  C.  20593-  0001: 
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 (1)  The  name  of  the  manufacturer  or  grantee  and  the  model  number  of  the  AIS  device; 
 (2)  Copies  of  the  test  report  and  test  data  obtained  from  the  test  facility  showing  that  the  device  complies  with  the  environmental  and  operational  requirements  identified  in  Section  80.1101  of  this  Part. 

 (b)  After  reviewing  the  information  described  in  paragraph  (a)  of  this  section,  the  U.  S.  Coast  Guard  will  issue  a  letter  stating  whether  the  AIS  device  satisfies  all  of  the  requirements  specified  in 
 Section  80.1101  of  this  Part. 
 (c)  A  certification  application  for  an  AIS  device  submitted  to  the  Commission  must  contain  a  copy  of  the  U.  S.  Coast  Guard  letter  stating  that  the  device  satisfies  all  of  the  requirements  specified  in 
 Section  80.1101  of  this  Part,  a  copy  of  the  technical  test  data,  and  the  instruction  manual(  s). 
 13.  Section  80.301  is  amended  by  removing  paragraph  (a)  and  redesignating  paragraphs  (b)  through  (d)  as  paragraphs  (a)  through  (c). 

 14.  Section  80.302  is  amended  by  revising  paragraph  (a)  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,  relocation,  reduction  or  suspension  of  a  watch  required  to  be  maintained  on  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. 

 *  *  *  *  * 
 15.  Section  80.304  is  amended  by  removing  paragraph  (a)  and  retaining  paragraph  (b)  as  an  undesignated  paragraph. 

 16.  Section  80.305  is  amended  by  removing  paragraph  (a)(  1)  and  redesignating  paragraphs  (a)(  2)  and  (a)(  3)  as  paragraphs  (a)(  1)  and  (a)(  2). 
 17.  Section  80.306  is  removed. 
 18.  Section  80.319  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   80.319  Radiotelegraph  distress  call  and  message  transmission  procedure. 
 *  *  * 
 (c)  The  distress  message,  preceded  by  the  distress  call,  must  be  repeated  at  intervals  until  an  answer  is  received.  The  radiotelegraph  alarm  signal  may  also  be  repeated,  if  necessary. 

 *  *  *  *  * 

 19.  Section  80.329  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 
   80.329  Safety  signals. 
 *  *  *  *  * 
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 (d)  The  safety  signal  and  call  must  be  sent  on  one  of  the  international  distress  frequencies  (2182  kHz  or  156.8  MHz  radiotelephone).  Stations  which  cannot  transmit  on  a  distress  frequency  may  use  any 
 other  available  frequency  on  which  attention  might  be  attracted. 
 *  *  *  *  * 
 20.  Section  80.330  is  amended  by  removing  paragraph  (b)  and  redesignating  paragraphs  (c)  and  (d)  as  paragraphs  (b)  and  (c). 

 21.  Section  80.355  is  amended  by  removing  paragraph  (b)  and  redesignating  paragraphs  (c)  and  (d)  as  paragraphs  (b)  and  (c). 
 22.  Section  80.357  is  amended  by  removing  paragraph  (b)(  2)(  iv). 
 23.  Section  80.  371  is  amended  by  revising  paragraphs  (c)(  1)(  ii)  and  (c)(  1)(  iii)  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  Commerces  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  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  licensees  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. 

 *  *  *  *  * 
 24.  Section  80.373  is  amended  by  revising  paragraph  (f)  to  read  as  follows: 
   80.373  Private  communications  frequencies. 
 *  *  *  *  * 
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 (f)  Frequencies  in  the  156-  162  MHz  band.  The  following  tables  describe  the  carrier  frequencies  available  in  the  156-  162  MHz  band  for  radiotelephone  communications  between  ship  and  private  coast 
 stations.  (Note:  the  letter  A  following  the  channel  designator  indicates  simplex  operation  on  a  channel  designated  internationally  as  a  duplex  channel.) 

 Frequencies  in  the  156-  162  MHz  band 
 Channel  designator  Carrier  frequency  (MHz)  Ship  transmit  Carrier  frequency  (MHz)  Coast  transmit  Points  of  communication  (Intership  and  between 
 Coast  and  ship  unless  otherwise  indicated) 
 Port  Operations  01A  1  . 
 63A  1  .  05A  2  . 
 65A  ..  66A  .. 
 12  3    73  . 
 14  3    74  . 
 75  18  .  76  18  . 
 77  4    20A  12   

 156.050  156.175 
 156.250  156.275 
 156.325  156.600 
 156.675  156.700 
 156.725  156.775 
 156.825  156.875 
 157.000 

 156.050  156.175 
 156.250  156.275 
 156.325  156.600 
 156.675  156.700 
 156.725  156.775 
 156.825   
   Intership  only.  Intership  only.  Navigational  (Bridge-  to-  Bridge)  5 
 13  6    67  7    156.650  156.375  156.650  156.375 
 Commercial  01A  1  . 
 63A  1  .  07A  .. 
 67  7    08  . 
 09  .  10  . 
 11  3    18A  ... 
 19A  ...  79A  ... 
 80A  ...  88A  8  .. 
 72  14  ... 

 156.050  156.175 
 156.350  156.375 
 156.400  156.450 
 156.500  156.550 
 156.900  156.950 
 156.975  157.025 
 157.425  156.625 

 156.050  156.175 
 156.350  .. 
 ..  156.450 
 156.500  156.550 
 156.900  156.950 
 156.975  157.025 
 ..  .. 

 Intership  only.  Do. 
 Intership  only.  Intership  only. 
 Digital  Selective  Calling  70  15  156.525  156.525 
 Noncommercial  68  17  ... 
 09  16  ...  69  . 
 71  .  72  . 
 78A  ..  79A  ... 

 156.425  156.450 
 156.475  156.575 
 156.625  156.925 
 156.975 

 156.425  156.450 
 156.475  156.575 
 ..  156.925 
 156.975 
 Intership  only. 
 Great  Lakes  only. 
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 80A  ...  67  14  ...  157.025  156.375  157.025  ..  Do.  Intership  only. 
 Distress,  Safety  and  Calling  16  .  156.800  156.800 
 Intership  Safety  06  .  156.300    a.  Intership,  or  b.  For 
 SAR:  Ship  and  aircraft  for  the  U.  S.  Coast  Guard. 
 Environmental  15  13  ..    156.750  Coast  to  ship  only. 
 Maritime  Control  17  9,  10    156.850  156.850 
 Liaison  and  Safety  Broadcasts,  U.  S.  Coast  Guard  22A  11    157.100  157.100  Ship,  aircraft,  and  coast 
 stations  of  the  U.  S.  Coast  Guard  and  at  Lake  Mead, 
 Nev.,  ship  and  coast  stations  of  the  National 
 Park  Service,  U.  S.  Department  of  the 
 Interior.  1  156.050  MHz  and  156.175  MHz  are  available  for  port  operations  and  commercial  communications 
 purposes  when  used  only  within  the  U.  S.  Coast  Guard  designated  Vessel  Traffic  Services  (VTS)  area  of  New  Orleans,  on  the  lower  Mississippi  River  from  the  various  pass  entrances  in  the  Gulf  of  Mexico  to 
 Devils  Swamp  Light  at  River  Mile  242.4  above  head  of  passes  near  Baton  Rouge.  2  156.250  MHz  is  available  for  port  operations  communications  use  only  within  the  U.  S.  Coast  Guard 
 designated  VTS  radio  protection  areas  of  New  Orleans  and  Houston  described  in    80.383.  156.250  MHz  is  available  for  intership  port  operations  communications  used  only  within  the  area  of  Los  Angeles  and 
 Long  Beach  harbors,  within  a  25-  nautical  mile  radius  of  Point  Fermin,  California.  3  156.550  MHz,  156.600  MHz  and  156.  700  MHz  are  available  in  the  U.  S.  Coast  Guard  designated  port 
 areas  only  for  VTS  communications  and  in  the  Great  Lakes  available  primarily  for  communications  relating  to  the  movement  of  ships  in  sectors  designated  by  the  St.  Lawrence  Seaway  Development 
 Corporation  or  the  U.  S.  Coast  Guard.  The  use  of  these  frequencies  outside  VTS  and  ship  movement  sector  protected  areas  is  permitted  provided  they  cause  no  interference  to  VTS  and  ship  movement 
 communications  in  their  respective  designated  sectors.  4  Use  of  156.  875  MHz  is  limited  to  communications  with  pilots  regarding  the  movement  and  docking  of 
 ships.  Normal  output  power  must  not  exceed  1  watt.  5  156.375  MHz  and  156.650  MHz  are  available  primarily  for  intership  navigational  communications. 
 These  frequencies  are  available  between  coast  and  ship  on  a  secondary  basis  when  used  on  or  in  the  vicinity  of  locks  or  drawbridges.  Normal  output  power  must  not  exceed  1  watt.  Maximum  output  power 
 must  not  exceed  10  watts  for  coast  stations  or  25  watts  for  ship  stations.  6  On  the  Great  Lakes,  in  addition  to  bridge-  to-  bridge  communications,  156.650  MHz  is  available  for 
 vessel  control  purposes  in  established  vessel  traffic  systems.  156.650  MHz  is  not  available  for  use  in  the  Mississippi  River  from  South  Pass  Lighted  Whistle  Buoy  2  and  Southwest  Pass  entrance  Mid-  channel 
 Lighted  Whistle  Buoy  to  mile  242.4  above  Head  of  Passes  near  Baton  Rouge.  Additionally  it  is  not  available  for  use  in  the  Mississippi  River-  Gulf  Outlet,  the  Mississippi  River-  Gulf  Outlet  Canal,  and  the 
 Inner  Harbor  Navigational  Canal,  except  to  aid  the  transition  from  these  areas.  7  Use  of  156.  375  MHz  is  available  for  navigational  communications  only  in  the  Mississippi  River  from 
 South  Pass  Lighted  Whistle  Buoy  2  and  Southwest  Pass  entrance  Mid-  channel  Lighted  Whistle  Buoy  to  mile  242.4  above  Head  of  Passes  near  Baton  Rouge,  and  in  addition  over  the  full  length  of  the  Mississippi 
 River-  Gulf  Outlet  Canal  from  entrance  to  its  junction  with  the  Inner  Harbor  Navigational  Canal,  and  over  the  full  length  of  the  Inner  Harbor  Navigational  Canal  from  its  junction  with  the  Mississippi  River  to  its 
 entry  to  Lake  Pontchartrain  at  the  New  Seabrook  vehicular  bridge. 
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 8  Within  120  km  (75  miles)  of  the  United  States/  Canada  border,  in  the  area  of  the  Puget  Sound  and  the 
 Strait  of  Juan  de  Fuca  and  its  approaches,  157.  425  MHz  is  half  of  the  duplex  pair  designated  as  Channel  88.  In  this  area,  Channel  88  is  available  to  ship  stations  for  communications  with  public  coast  stations 

 only.  More  than  120  km  (75  miles)  from  the  United  States/  Canada  border,  in  the  area  of  the  Puget  Sound  and  the  Strait  of  Juan  de  Fuca,  its  approaches,  the  Great  Lakes,  and  the  St.  Lawrence  Seaway,  157.425 
 MHz  is  available  for  intership  and  commercial  communications.  Outside  Puget  Sound  area  and  its  approaches  and  the  Great  Lakes,  157.425  MHz  is  also  available  for  communications  between  commercial 
 fishing  vessels  and  associated  aircraft  while  engaged  in  commercial  fishing  activities.  9  When  the  frequency  156.850  MHz  is  authorized,  it  may  be  used  additionally  for  search  and  rescue 
 training  exercises  conducted  by  state  or  local  governments.  10  The  frequency  156.  850  MHz  is  additionally  available  to  coast  stations  on  the  Great  Lakes  for 
 transmission  of  scheduled  Coded  Marine  Weather  Forecasts  (MAFOR),  Great  Lakes  Weather  Broadcast  (LAWEB)  and  unscheduled  Notices  to  Mariners  or  Bulletins.  F3C  and  J3C  emissions  are  permitted. 
 Coast  stations  on  the  Great  Lakes  must  cease  weather  broadcasts  which  cause  interference  to  stations  operating  on  156.800  MHz  until  the  interference  problem  is  resolved. 
 11  The  frequency  157.100  MHz  is  authorized  for  search  and  rescue  training  exercises  by  state  or  local 
 government  in  conjunction  with  U.  S.  Coast  Guard  stations.  Prior  U.  S.  Coast  Guard  approval  is  required.  Use  must  cease  immediately  on  U.  S.  Coast  Guard  request. 
 12  The  duplex  pair  for  channel  20  (157.000/  161.600  MHz)  may  be  used  for  ship  to  coast  station 
 communications.  13  Available  for  assignment  to  coast  stations,  the  use  of  which  is  in  accord  with  an  agreed  program,  for  the 

 broadcast  of  information  to  ship  stations  concerning  the  environmental  conditions  in  which  vessels  operate,  i.  e.,  weather;  sea  conditions;  time  signals;  notices  to  mariners;  and  hazards  to  navigation. 
 14  Available  only  in  the  Puget  Sound  and  the  Strait  of  Juan  de  Fuca. 
 15  The  frequency  156.525  MHz  is  to  be  used  exclusively  for  distress,  safety  and  calling  using  digital 

 selective  calling  techniques.  No  other  uses  are  permitted.  16  The  frequency  156.  450  MHz  is  available  for  intership,  ship  and  coast  general  purpose  calling  by 

 noncommercial  vessels,  such  as  recreational  boats  and  private  coast  stations.  17  The  frequency  156.425  MHz  is  assigned  by  rule  to  private  coast  stations  in  Alaska  for  facsimile 
 transmissions  as  well  as  voice  communications.  18  The  frequencies  156.775  and  156.825  MHz  are  available  for  navigation-  related  port  operations  or  ship 
 movement  only,  and  all  precautions  must  be  taken  to  avoid  harmful  interference  to  channel  16.  Transmitter  output  power  is  limited  to  1  watt  for  ship  stations,  and  10  watts  for  coast  stations. 

 *  *  *  *  * 
 25.  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. 
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 (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. 
 *  *  *  *  * 
 26.  Section  80.  409  is  amended  by  revising  paragraphs  (b)(  2)  and  (c)  to  read  as  follows,  and  by  removing  paragraphs  (d)(  4),  (d)(  5),  and  (d)(  11),  and  redesignating  paragraphs  (d)(  6)  through  (d)(  10)  as 
 paragraphs  (d)(  4)  through  (d)(  8). 
   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: 
 1)  ON  DUTY  must  be  entered  by  the  operator  beginning  a  duty  period,  followed  in  the  case  of  a  written  log  by  the  operators  signature.  OFF  DUTY  must  be  entered  by  the  operator  being  relieved  of  or 
 terminating  duty,  followed  in  the  case  of  a  written  log  by  the  operators  signature. 
 (2)  The  date  and  time  of  making  an  entry  must  be  shown  opposite  the  entry. 
 (3)  Failure  of  equipment  to  operate  as  required  and  incidents  tending  to  unduly  delay  communication  must  be  entered. 

 (4)  All  measurements  of  the  transmitter  frequency(  ies)  must  be  entered  with  a  statement  of  any  corrective  action  taken. 
 (5)  Entries  must  be  made  giving  details  of  all  work  performed  which  may  affect  the  proper  operation  of  the  station.  The  entry  must  be  made,  dated  and  in  the  case  of  a  written  log  signed  by  the 
 operator  who  supervised  or  performed  the  work  and,  unless  the  operator  is  regularly  employed  on  a  full-  time  basis  at  the  station,  must  also  include  the  mailing  address,  class,  serial  number,  and  expiration  date  of  the 
 operator  license. 
 (6)  Entries  must  be  made  about  the  operation  of  the  antenna  tower  lights  when  the  radio  station  has  an  antenna  structure  requiring  illumination  by  part  17  of  this  chapter. 

 (7)  All  distress  or  safety  related  calls  transmitted  or  received  must  be  entered,  together  with  the  frequency  used  and  the  position  of  any  vessel  in  need  of  assistance. 
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 *  *  *  *  * 
 27.  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. 
 *  *  *  *  * 
 28.  Section  80.905  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.905  Vessel  radio  equipment. 
 (a)  Vessels  subject  to  Part  III  of  Title  III  of  the  Communications  Act  that  operate  in  the  waters  described  in  80.901  must,  at  a  minimum,  be  equipped  as  follows: 

 (1)  Vessels  operated  solely  within  the  communications  range  of  a  VHF  public  coast  station  or  U.  S.  Coast  Guard  station  that  maintains  a  watch  on  156.800  MHz  while  the  vessel  is  navigated  must  be  equipped 
 with  a  VHF-  DSC  radiotelephone  installation,  except  that  a  VHF  radiotelephone  installation  without  DSC  capability  is  permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area 
 A1  coverage  is  established.  Vessels  in  this  category  must  not  operate  more  than  20  nautical  miles  from  land. 
 (2)  Vessels  operated  beyond  the  20  nautical  mile  limitation  specified  in  paragraph  (a)(  1)  of  this  section,  but  not  more  than  100  nautical  miles  from  the  nearest  land,  must  be  equipped  with  a  MF-  DSC 
 frequency  transmitter  capable  of  transmitting  J3E  emission  and  a  receiver  capable  of  reception  of  J3E  emission  within  the  band  1710  to  2850  kHz,  in  addition  to  the  VHF-  DSC  radiotelephone  installation  required 
 by  paragraph  (a)(  1)  of  this  section,  except  that  a  MF  radiotelephone  installation  without  DSC  capability  is  permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A2  coverage 
 is  established.  The  MF  or  MF-  DSC  transmitter  and  receiver  must  be  capable  of  operation  on  2670  kHz. 
 (3)  Vessels  operated  more  than  100  nautical  miles  but  not  more  than  200  nautical  miles  from  the  nearest  land  must: 

 (i)  Be  equipped  with  a  VHF-  DSC  radiotelephone  installation,  except  that  a  VHF  radiotelephone  installation  without  DSC  capability  is  permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission 
 that  shore-  based  sea  area  A1  coverage  is  established; 
 (ii)  Be  equipped  with  an  MF-  DSC  radiotelephone  transmitter  and  receiver  meeting  the  requirements  of  paragraph  (a)(  2)  of  this  section,  except  that  a  MF  radiotelephone  installation  without  DSC  capability  is 
 permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A2  coverage  is  established;  and 

 (iii)  Be  equipped  with  either: 
 (A)  A  DSC-  capable  single  sideband  radiotelephone  that  complies  with  ITU-  R  Rec.  (series)  M.  493  Class  A,  B  or  E,  and  is  capable  of  operating  on  all  distress  and  safety  frequencies  in  the  medium  frequency 
 and  high  frequency  bands  listed  in  80.369(  a)  and  (b),  on  all  of  the  ship-  to-  shore  calling  frequencies  in  the  high  frequency  bands  listed  in  80.369(  d),  and  on  at  least  four  of  the  automated  mutual-  assistance  vessel 
 rescue  (AMVER)  system  HF  duplex  channels  (this  requirement  may  be  met  by  the  addition  of  such  frequencies  to  the  radiotelephone  installation  required  by  paragraph  (a)(  2)  of  this  section);  or 
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 (B)  If  operated  in  an  area  within  the  coverage  of  an  INMARSAT  maritime  mobile  geostationary  satellite  in  which  continuous  alerting  is  available,  an  INMARSAT  B,  C,  or  M  ship  earth  station,  or  an 
 INMARSAT  A  ship  earth  station  if  installed  prior  to  February  12,  2004. 
 (iv)  Be  equipped  with  a  reserve  power  supply  meeting  the  requirements  of    80.917(  b),  80.919  and  80.921,  and  capable  of  powering  the  single  sideband  radiotelephone  or  the  ship  earth  station  (including 
 associated  peripheral  equipment)  required  by  paragraph  (a)(  3)(  iii)  of  this  section,  including  the  navigation  receiver  referred  to  in    80.905(  a)(  5); 

 (v)  Be  equipped  with  a  NAVTEX  receiver  conforming  to  the  following  performance  standards:  IMO  Resolution  A.  525(  13)  and  ITU-  R  Recommendation  540; 
 (vi)  Be  equipped  with  a  Category  I  406-  406.1  MHz  satellite  emergency  position-  indicating  radiobeacon  (EPIRB)  meeting  the  requirements  of    80.1061  or,  if  the  ship  is  not  operating  in  sea  area  A4,  as 
 defined  in    80.  1069(  a)(  4)  of  this  part,  an  automatic  float-  free  INMARSAT-  E  EPIRB  meeting  the  requirements  of    80.1063;  and 

 (vii)  Participate  in  the  AMVER  system  while  engaged  on  any  voyage  where  the  vessel  is  navigated  in  the  open  sea  for  more  than  24  hours.  Copies  of  the  AMVER  Bulletin  are  available  at:  AMVER  Maritime 
 Relations,  USCG  Battery  Park  Building,  Room  201,  New  York,  NY  10004-  1499.  Phone  212-  668-  7764;  Fax  212-  668-  7684. 

 (4)  Vessels  operated  more  than  200  nautical  miles  from  the  nearest  land  must: 
 (i)  Be  equipped  with  two  VHF-  DSC  radiotelephone  installations,  except  that  VHF  radiotelephone  installations  without  DSC  capability  are  permitted  until  one  year  after  the  Coast  Guard  notifies  the 
 Commission  that  shore-  based  sea  area  A1  coverage  is  established; 
 (ii)  Be  equipped  with  an  MF-  DSC  radiotelephone  transmitter  and  receiver  meeting  the  requirements  of  paragraph  (a)(  2)  of  this  section,  except  that  a  MF  radiotelephone  installation  without 
 DSC  capability  is  permitted  until  one  year  after  the  Coast  Guard  notifies  the  Commission  that  shore-  based  sea  area  A2  coverage  is  established; 

 (iii)  Be  equipped  with  either: 
 (A)  A  DSC-  capable  independent  single  sideband  radiotelephone  that  complies  with  ITU-  R  Rec.  (series)  M.  493  Class  A,  B  or  E,  and  is  capable  of  operating  on  all  distress  and  safety  frequencies  in  the 
 medium  frequency  and  high  frequency  bands  listed  in  80.369(  a)  and  (b),  on  all  of  the  ship-  to-  shore  calling  frequencies  in  the  high  frequency  bands  listed  in  80.369(  d),  and  on  at  least  four  of  the  automated  mutual-assistance 
 vessel  rescue  (AMVER)  system  HF  duplex  channels;  or 
 (B)  If  operated  in  an  area  within  the  coverage  of  an  INMARSAT  maritime  mobile  geostationary  satellite  in  which  continuous  alerting  is  available,  an  INMARSAT  B,  C,  or  M  ship  earth  station,  or  an 
 INMARSAT  A  ship  earth  station  if  installed  prior  to  February  12,  2004. 
 (iv)  Be  equipped  with  a  reserve  power  supply  meeting  the  requirements  of    80.917(  b),  80.919  and  80.921,  and  capable  of  powering  the  single  sideband  radiotelephone  or  the  ship  earth  station 
 (including  associated  peripheral  equipment)  required  by  paragraph  (a)(  4)(  iii)  of  this  section,  including  the  navigation  receiver  referred  to  in    80.  905(  a)(  5); 

 (v)  Be  equipped  with  a  NAVTEX  receiver  conforming  to  the  following  performance  standards:  IMO  Resolution  A.  525(  13)  and  ITU-  R  Recommendation  540; 
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 (vi)  Be  equipped  with  a  Category  I  406-  406.1  MHz  satellite  emergency  position-  indicating  radiobeacon  (EPIRB)  meeting  the  requirements  of    80.1061  or,  if  the  ship  is  not  operating  in  sea  area  A4,  as 
 defined  in    80.  1069(  a)(  4)  of  this  part,  an  automatic  float-  free  INMARSAT-  E  EPIRB  meeting  the  requirements  of    80.1063; 

 (vii)  Be  equipped  with  a  radiotelephone  distress  frequency  watch  receiver  meeting  the  requirements  of  80.  269; 
 (viii)  Be  equipped  with  an  automatic  radiotelephone  alarm  signal  generator  meeting  the  requirements  of  80.  221;  and 
 (ix)  Participate  in  the  AMVER  system  while  engaged  on  any  voyage  where  the  vessel  is  navigated  in  the  open  sea  for  more  than  24  hours.  Copies  of  the  AMVER  Bulletin  are  available  at:  AMVER  Maritime 
 Relations,  USCG  Battery  Park  Building,  Room  201,  New  York,  NY  10004-  1499.  Phone  212-  668-  7764;  Fax  212-  668-  7684. 

 (5)  Vessels  must  comply  with  the  requirements  for  a  navigation  receiver  or  manual  updating  of  position  information  contained  in    80.1085(  c)  of  this  part. 
 *  *  *  *  * 
 29.  Section  80.1061  is  amended  by  revising  paragraphs  (e)  and  (f)  to  read  as  follows: 
   80.1061  Special  requirements  for  406.0-  406.1  MHz  EPIRB  stations. 
 *  *  *  *  * 
 (e)  An  identification  code,  issued  by  the  National  Oceanic  and  Atmospheric  Administration  (NOAA),  the  United  States  Program  Manager  for  the  406.025  MHz  COSPAS/  SARSAT  satellite  system, 

 must  be  programmed  in  each  EPIRB  unit  to  establish  a  unique  identification  for  each  EPIRB  station.  With  each  marketable  EPIRB  unit,  the  manufacturer  or  grantee  must  include  a  postage  pre-  paid 
 registration  card  printed  with  the  EPIRB  identification  code  addressed  to:  NOAA/  SARSAT  Beacon  Registration,  E/  SP3,  Federal  Building  4,  Room  3320,  5200  Auth  Road,  Suitland,  MD  20746-  4304.  The 
 registration  card  must  request  the  owners  name,  address,  telephone  number,  type  of  ship,  alternate  emergency  contact  and  other  information  as  required  by  NOAA.  The  registration  card  must  also  contain 
 information  regarding  the  availability  to  register  the  EPIRB  at  NOAAs  online  web-  based  registration  database  at:  http://  www/  beaconregistration.  noaa.  gov.  In  addition,  the  following  statement  must  be 
 included:  WARNING  --  failure  to  register  this  EPIRB  with  NOAA  before  installation  could  result  in  a  monetary  forfeiture  being  issued  to  the  owner. 

 (f)  To  enhance  protection  of  life  and  property  it  is  mandatory  that  each  406.0-  406.1  MHz  EPIRB  be  registered  with  NOAA  before  installation  and  that  information  be  kept  up-  to-  date.  Therefore,  in 
 addition  to  the  identification  plate  or  label  requirements  contained  in    2.925  and  2.926  of  this  chapter,  each  406.0-  406.1  MHz  EPIRB  must  be  provided  on  the  outside  with  a  clearly  discernible  permanent  plate 
 or  label  containing  the  following  statement:  The  owner  of  this  406.0-  406.1  MHz  EPIRB  must  register  the  NOAA  identification  code  contained  on  this  label  with  the  National  Oceanic  and  Atmospheric 
 Administration  (NOAA)  whose  address  is:  NOAA,  NOAA/  SARSAT  Beacon  Registration,  E/  SP3,  Federal  Building  4,  Room  3320,  5200  Auth  Road,  Suitland,  MD  20746-  4304.  Vessel  owners  shall 
 advise  NOAA  in  writing  upon  change  of  vessel  or  EPIRB  ownership,  transfer  of  EPIRB  to  another  vessel,  or  any  other  change  in  registration  information.  NOAA  will  provide  registrants  with  proof  of  registration 
 and  change  of  registration  postcards. 

 30.  Section  80.1063  is  added  to  read  as  follows: 
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   80.1063  Special  requirements  for  INMARSAT-  E  EPIRB  stations. 
 (a)  Notwithstanding  the  provisions  in  paragraph  (b)  of  this  section,  INMARSAT-  E  EPIRBs  must  meet  all  the  technical  and  performance  standards  contained  in  IEC  61097-  5  Ed.  1.0,  titled  Global 

 maritime  and  distress  safety  system  (GMDSS)    Part  5:  INMARSAT-  E    Emergency  position  indicating  radio  beacon  (EPIRB)  operating  through  the  INMARSAT  system    Operational  and  performance 
 requirements,  methods  of  testing  and  required  test  results,  including  Annex  B,  1997.  IEC  61097-  5  Ed.  1.0,  including  Annex  B,  is  incorporated  by  reference.  The  Director  of  the  Federal  Register  approves  this 
 incorporation  by  reference  in  accordance  with  5  U.  S.  C.  552(  a)  and  1  CFR  Part  51.  Copies  of  these  standards  can  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW, 
 Washington,  D.  C.  (Reference  Information  Center)  or  at  the  Office  of  the  Federal  Register,  800  North  Capitol  Street,  NW.  Suite  700,  Washington,  D.  C.  IEC  publications  can  be  purchased  from  the 
 International  Electrotechnical  Commission,  3  Rue  de  Varembe,  CH-  1211  Geneva  20,  Switzerland,  or  from  the  American  National  Standards  Institute  (ANSI),  25  West  43rd  Street,  New  York,  NY  10036, 
 telephone  (212)  642-  4900. 
 (b)  Prior  to  submitting  a  certification  application  for  an  INMARSAT-  E  radiobeacon,  the  radiobeacon  must  be  certified  by  INMARSAT  as  complying  with  IEC  61097-  5  Ed.  1.0.  In  addition,  the 
 radiobeacon  must  be  tested  as  to  compliance  with  the  environmental  and  operational  requirements  identified  in  paragraph  (b)  of  this  section  by  the  test  facility  which  conducted  the  INMARSAT 
 certification  tests,  or  a  test  facility  recognized  by  the  U.  S.  Coast  Guard.  Information  regarding  recognized  test  facilities  may  be  obtained  from  Commandant  (G-  MSE),  U.  S.  Coast  Guard,  2100  2nd  Street,  S.  W., 
 Washington,  D.  C.  20593-  0001,  http://  www.  uscg.  mil/  hq/  g-  m/  mse/  lablist/  161.011.  htm. 
 (1)  After  an  INMARSAT-  E  PIRB  has  been  certified  by  the  test  facility,  the  following  information  must  be  submitted  in  duplicate  to  the  Commandant  (G-  MSE),  U.  S.  Coast  Guard,  2100  2nd  Street,  S.  W., 
 Washington  D.  C.  20593-  0001: 
 (i)  The  name  of  the  manufacturer  or  grantee  and  the  model  number  of  the  radiobeacon; 
 (ii)  Copies  of  the  Inmarsat  certification  of  compliance  with  IEC  61097-  5  Ed.  1.0; 
 (iii)  Copies  of  the  test  report  and  test  data  obtained  from  the  test  facility  showing  that  the  radiobeacon  complies  with  IEC  61097-  5  Ed.  1.0  and  the  environmental  and  operational  requirements 
 identified  in  paragraph  (b)  of  this  section;  and 
 (iv)  Instruction  manuals  associated  with  the  radiobeacon,  description  of  the  test  characteristics  of  the  radiobeacon  including  assembly  drawings,  electrical  schematics,  description  of  parts  list, 
 specifications  of  materials,  and  the  manufacturers  quality  assurance  program. 
 (2)  After  reviewing  the  information  described  in  paragraph  (c)(  1)  of  this  section,  the  U.  S.  Coast  Guard  will  issue  a  letter  stating  whether  the  radiobeacon  satisfies  all  of  the  requirements  specified  in 
 subsections  (a)  and  (b)  of  this  section. 
 (c)  A  certification  application  for  an  INMARSAT-  EPIRB  submitted  to  the  Commission  must  also  contain  a  copy  of  the  U.  S.  Coast  Guard  letter  stating  that  the  radiobeacon  satisfies  all  of  the  requirements 
 specified  in  subsections  (a)  and  (b)  of  this  section,  a  copy  of  the  technical  test  data,  and  the  instruction  manual(  s). 

 (d)  The  manufacturer  or  grantee  must  include  with  each  marketable  INMARSAT-  E  EPIRB  appropriate  material  for  registration  of  the  radiobeacon  with  INMARSAT,  along  with  a  written  warning 
 that  failure  to  register  the  radiobeacon  could  delay  rescue  services  in  an  emergency. 
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 (e)  To  enhance  protection  of  life  and  property  it  is  mandatory  that  each  INMARSAT-  E  EPIRB  be  registered  with  INMARSAT  before  installation  and  that  information  be  kept  up-  to-  date.  Therefore,  in 
 addition  to  the  identification  plate  or  label  requirements  contained  in    2.925  and  2.926  of  this  chapter,  each  INMARSAT-  E  EPIRB  must  be  provided  on  the  outside  with  a  clearly  discernable  permanent  plate 
 or  label  containing  the  following  statement:  The  owner  of  this  INMARSAT-  E  EPIRB  must  register  the  NOAA  identification  code  contained  on  this  label  with  INMARSAT  at  the  following  address: 
 INMARSAT,  99  City  Road,  London,  EC1Y  1AX,  United  Kingdom.  Vessel  owners  shall  advise  INMARSAT  in  writing  upon  change  of  vessel  or  EPIRB  ownership,  transfer  of  EPIRB  to  another  vessel, 
 or  any  other  change  in  registration  information. 
 (f)  For  INMARSAT-  E  EPIRBs  whose  identification  code  can  be  changed  after  manufacture,  the  identification  code  shown  on  the  plate  or  label  must  be  easily  replaceable  using  commonly  available  tools. 

 *  *  *  *  * 
 31.  Section  80.1077  is  revised  to  read  as  follows: 

   80.1077  Frequencies. 
 The  following  table  describes  the  frequencies  used  in  the  Global  Maritime  Distress  and  Safety  System: 

 Alerting:  406.0-  406.1  EPIRBs................  406.0-  406.1  MHz  (Earth-  to-  space). 
 1544-  1545  MHz  (space-  to-  Earth).  INMARSAT-  E  EPIRBs..  1626.5-  1645.5  MHz  (Earth-  to-  space). 
 INMARSAT  Ship  Earth  Stations  capable  of  voice 
 and/  or  direct  printing..................  1626.5-  1645.5  MHz  (Earth-  to-  space).  VHF  DSC  Ch.  70........................  156.525  MHz  1  . 
 MF/  HF  DSC  2  11...  2187.5  kHz  3  ,  4207.5  kHz,  6312  kHz,  8414.5  kHz,  12577  kHz, 
 and  16804.5  kHz. 
 *  *  * 
 Locating  signals:  406  406.  1  EPIRB 
 Beacons  121.5  MHz.  9  GHz  radar  transponders............  9200-  9500  MHz 

 *  *  * 
 Maritime  safety  information  (MSI):  International  NAVTEX................  518  kHz  7 
 Warnings.....................................  .490  kHz,  4209.5  kHz  NBDP...........................................  4210  kHz,  6314  kHz,  8416.5  kHz,  12579  kHz, 
 16806.5  kHz,  19680.5  kHz,  22376  kHz,  26100.5  kHz  Satellite.........................................  1530-  1545  MHz  10 

 *  *  * 
 1  Frequency  156.525  MHz  can  be  used  for  ship-  to-  ship  alerting  and,  if  within  sea  area 
 A1,  for  ship-  to-  shore  alerting. 
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 2  For  ships  equipped  with  MF/  HF  equipment,  there  is  a  watch  requirement  on  2187.5 
 kHz,  8414.5  kHz,  and  one  other  frequency. 
 3  Frequency  2187.5  kHz  can  be  used  for  ship-  to-  ship  alerting  and,  if  within  sea  area  A2, 
 for  ship-  to-  shore  alerting. 

 *  *  * 
 7  The  international  NAVTEX  frequency  518  kHz  is  the  primary  frequency  for  receiving 
 maritime  safety  information.  The  other  frequencies  are  used  only  to  augment  the  coverage  or  information  provided  on  518  kHz. 

 8  [Reserved.] 
 9  [Reserved.] 
 10  In  addition  to  EPIRBs,  1544-  1545  MHz  can  be  used  for  narrowband  distress  and 
 safety  operations  and  1645.5-  1646.5  MHz  can  be  used  for  relay  of  distress  alerts  between  satellites.  Feeder  links  for  satellite  communications  are  assigned  from  the  fixed  satellite  service,  see  47  CFR 

   2.106. 
 11  Routine  calling  is  not  permitted  on  MF  and  HF  DSC  frequencies. 

 *  *  *  *  * 
 32.  Section  80.1083  is  amended  by  adding  paragraphs  (d)  through  (f)  to  read  as  follows: 
   80.1083  Ship  radio  installations. 

 *  *  *  *  * 
 (d)  In  passenger  ships,  a  distress  panel  shall  be  installed  at  the  conning  position.  This  panel  shall  contain  either  one  single  button  which,  when  pressed,  initiates  a  distress  alert  using  all 

 radiocommunications  installations  required  on  board  for  that  purpose  or  one  button  for  each  individual  installation.  The  panel  shall  clearly  and  visually  indicate  whenever  any  button  or  buttons  have  been 
 pressed.  Means  shall  be  provided  to  prevent  inadvertent  activation  of  the  button  or  buttons.  If  the  satellite  EPIRB  is  used  as  the  secondary  means  of  distress  alerting  and  is  not  remotely  activated,  it  shall 
 be  acceptable  to  have  an  additional  EPIRB  installed  in  the  wheelhouse  near  the  conning  position. 
 (e)  In  passenger  ships,  information  on  the  ships  position  shall  be  continuously  and  automatically  provided  to  all  relevant  radiocommunications  equipment  to  be  included  in  the  initial  distress  alert  when 
 the  button  or  buttons  on  the  distress  panel  is  pressed. 
 (f)  In  passenger  ships,  a  distress  alarm  panel  shall  be  installed  at  the  conning  position.  The  distress  alarm  panel  shall  provide  visual  and  aural  indication  of  any  distress  alert  or  alerts  received  on 
 board  and  shall  also  indicate  through  which  radiocommunication  service  the  distress  alerts  have  been  received. 

 33.  Section  80.1085  is  amended  by  revising  paragraph  (a)(  6)(  i)  and  by  adding  paragraph  (d)  to  read  as  follows: 
   80.1085  Ship  radio  equipment-  General. 
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 (a)  *  *  * 
 (6)  *  *  * 
 (i)  Capable  of  transmitting  a  distress  alert  through  the  polar  orbiting  satellite  service  operating  in  the  406.0-  406.1  MHz  band  (406.0-  406.1  MHz  EPIRB)  of,  if  the  ship  is  not  operating  in  sea  area  A4,  as 
 defined  in    80.  1069(  a)(  4)  of  this  part,  the  1.6  GHz  band  (INMARSAT-  E  EPIRB);  and 

 *  *  *  *  * 
 (d)  Every  passenger  ship  shall  be  provided  with  means  for  two-  way  on-  scene  radiocommunications  for  search  and  rescue  purposes  using  the  aeronautical  frequencies  121.5  and  123.1 

 MHz  from  the  position  from  which  the  ship  is  normally  navigated. 
 *  *  *  *  * 
 34.  Section  80.1087  is  amended  by  revising  paragraph  (a)(  2)  to  read  as  follows: 

   80.1087  Ship  radio  equipment  Sea  area  A1. 
 (a)  *  *  * 
 (2)  Through  the  polar  orbiting  satellite  service  on  406.0-  406.1  MHz  or  the  INMARSAT-  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by  80.1085(  a)(  6)  of  this 
 part,  either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated);  or 

 *  *  *  *  * 
 35.  Section  80.1089  is  amended  by  revising  paragraph  (a)(  3)(  i)  to  read  as  follows: 
   80.1089  Ship  radio  equipment  Sea  areas  A1  and  A2. 
 (a)  *  *  *  *  * 
 (3)  Means  of  initiating  the  transmission  of  ship-  to-  shore  distress  alerts  by  a  radio  service  other  than  MF  operating  either: 

 (i)  Through  the  polar  orbiting  satellite  service  on  406.0-  406.1  MHz  or  the  INMARSAT-  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6)  of  this 
 part,  either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated);  or 

 *  *  *  *  * 
 36.  Section  80.1091  is  amended  by  revising  paragraph  (a)(  4)(  i),  redesignating  paragraph  (b)(  3)(  ii)  as  (b)(  3)(  iii),  and  adding  a  new  paragraph  (b)(  3)(  ii)  to  read  as  follows: 

   80.1091  Ship  radio  equipment    Sea  areas  A1,  A2,  and  A3. 
 *  *  *  *  * 
 (a)  *  *  *  *  * 
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 (4)  *  *  *  *  * 
 (i)  Through  the  polar  orbiting  satellite  service  on  406.0-  406.1  MHz  or  the  INMARSAT-  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.1085(  a)(  6)  of  this 
 part,  either  by  installing  the  EPIRB  close  to,  or  by  allowing  remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated);  or 

 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (3)  *  *  *  *  * 
 (ii)  Through  the  INMARSAT-  E  service  in  the  1.6  GHz  band  (this  requirement  may  be  fulfilled  by  the  EPIRB  required  by    80.  1085(  a)(  6)  of  this  part,  either  by  installing  the  EPIRB  close  to,  or  by  allowing 
 remote  activation  from,  the  position  from  which  the  ship  is  normally  navigated);  or 
 *  *  *  *  * 
 37.  Section  80.1093  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   80.1093  Ship  radio  equipment    Sea  areas  A1,  A2,  A3,  and  A4. 
 *  *  * 
 (a)  In  addition  to  meeting  the  requirements  of    80.1085  of  this  part,  ships  engaged  on  voyages  in  all  sea  areas  must  be  provided  with  the  radio  installations  and  equipment  required  by    80.1091(  b),  except 
 that  the  equipment  required  by    80.1091(  b)(  3)(  ii)  and    80.1091(  b)(  3)(  iii)  cannot  be  accepted  as  an  alternative  to  that  required  by    80.1091(  b)(  3)(  i),  which  must  always  be  provided. 

 38.  Section  80.1101  is  amended  by  redesignating  paragraph  (c)(  11)  as  (c)(  13)  and  adding  new  paragraphs  (c)(  11)  and  (c)(  12)  to  read  as  follows: 

   80.1101  Performance  standards. 
 *  *  *  *  * 
 (c)  *  *  *  *  * 
 (11)  INMARSAT-  E  EPIRBs:  (i)  IMO  Resolution  A.  812(  19),  Performance  Standards  for  Float-Free  Satellite  EPIRBs  Operating  Through  the  Geostationary  INMARSAT  Satellite  System  on  1.6  GHz, 

 adopted  23  November  1995. 
 (ii)  IMO  Resolution  A.  662(  16),  Performance  Standards  for  Float-  Free  Release  and  Activation  Arrangements  for  Emergency  Radio  Equipment,  adopted  19  October  1989. 

 (iii)  Recommendation  ITU-  R  M.  632-  3,  Transmission  Characteristics  of  a  Satellite  Emergency  Indicating  Radio  Beacon  (Satellite  EPIRB)  System  Operating  Through  Geostationary  Satellites  in  the  1.6 
 GHz  Band,  1997. 
 (iv)  IEC  61097-  5,  Global  maritime  distress  and  safety  system  (GMDSS)    Part  5:  Inmarsat-  E  Emergency  position  indicating  radio  beacon  (EPIRB)  operating  through  the  Inmarsat  system    operational 

 and  performance  requirements,  methods  of  testing  and  required  test  results,  including  Annex  B. 
 (v)  The  INMARSAT  E-  EPIRBs  must  also  comply  with    80.1063. 
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 (12)  Automatic  Identification  Systems  (AIS):  (i)  ITU-  R  M.  1371-  1,  Technical  characteristics  for  a  universal  shipborne  automatic  identification  system  using  time  division  multiple  access  in  the  VHF 
 maritime  mobile  band,  with  Annexes,  August  2001. 
 (ii)  IMO  Resolution  MSC.  74(  69),  Adoption  of  new  and  amended  performance  standards,  Annex  3  Recommendation  on  Performance  Standards  for  Universal  Shipborne  Automatic  Identification  Systems 

 (AIS),  adopted  12  May  1998. 
 (iii)  IEC  61162-  1,  Maritime  navigation  and  radiocommunication  equipment  and  systems    Digital  interfaces    Part  1:  Single  talker  and  multiple  listeners. 

 (iv)  IEC  61162-  100,  Maritime  navigation  and  radiocommunication  equipment  and  systems  -  Digital  interfaces    Part  100:  Single  talker  and  multiple  listeners  -  Extra  requirements  to  IEC  61162-  1  for 
 the  UAIS. 
 (v)  IEC  61993-  2,  Maritime  navigation  and  radiocommunication  equipment  and  systems  -  Automatic  identification  systems  (AIS)    Part  2:  Class  A  shipborne  equipment  of  the  universal  automatic 

 identification  system  (AIS)    Operational  and  performance  requirements,  methods  of  test  and  required  test  results,  with  Annexes. 

 *  *  *  *  * 
 39.  Section  80.1103  is  amended  by  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 
   80.1103  Equipment  authorization. 
 *  *  *  *  * 
 (b)  Applicants  for  certification  must  submit  with  their  applications  measurement  data  sufficiently  complete  to  ensure  compliance  with  the  technical  parameters.  The  application  must  include  the  items 

 listed  in  47  CFR    2.1033.  Additional  measurement  data  or  information  may  be  requested  depending  upon  the  equipment.  For  items  not  listed  in    2.1033  of  this  chapter,  the  applicant  must  attest  that  the 
 equipment  complies  with  performance  standards  as  specified  in    80.  1101  and,  where  applicable,  that  measurements  have  been  made  that  demonstrate  the  necessary  compliance.  Submission  of  representative 
 data  demonstrating  compliance  is  not  required  unless  requested  by  the  Commission. 
 (c)  Applicants  for  verification  must  attest  that  the  equipment  complies  with  performance  standards  as  specified  in  80.1101  and,  where  applicable,  that  measurements  have  been  made  that 

 demonstrate  the  necessary  compliance.  Submission  of  representative  data  demonstrating  compliance  is  not  required  unless  requested  by  the  Commission.  An  application  must  include  the  items  listed  in 
   2.953  and  2.955  of  this  chapter  and  a  copy  of  the  INMARSAT  type-  approval  certification  indicating  that  equipment  meets  GMDSS  standards  and  includes  all  peripheral  equipment  associated  with  the 
 specific  unit  under  review. 
 *  *  *  *  * 
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 APPENDIX  C 
 FINAL  REGULATORY  FLEXIBILITY  ANALYSIS 
 (Second  Report  and  Order  in  WT  Docket  No.  00-  48) 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  388  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  was  incorporated  in  the  Further  Notice  of  Proposed  Rule  Making 

 (FNPRM)  in  this  proceeding.  389  The  Commission  sought  written  public  comment  on  the  proposals  in  the  FNPRM,  including  comment  on  the  IRFA.  This  present  Final  Regulatory  Flexibility  Analysis  (FRFA) 
 conforms  to  the  RFA.  390 
 A.  Need  for,  and  Objectives  of,  the  Second  Report  and  Order 
 The  rules  adopted  in  the  Second  Report  and  Order  are  intended  to  further  streamline,  consolidate  and  clarify  the  Commissions  Part  80  rules;  remove  unnecessary  or  duplicative  requirements;  address  new 
 international  maritime  requirements;  and  promote  flexibility  and  efficiency  in  the  use  of  marine  radio  equipment  in  a  manner  that  will  further  maritime  safety.  Specifically,  in  the  Second  Report  and  Order  the 
 Commission  (a)  declines  to  create  a  voluntary  restricted  Global  Maritime  Distress  and  Safety  System  (GMDSS)  license  for  recreational  boaters;  391  (b)  clarifies  the  responsibilities  of  VHF  public  coast  stations 
 that  receive  calls  on  the  DSC  distress  frequency,  Channel  70;  392  (c)  clarifies  that  VHF  public  coast  stations  that  are  not  exempt  from  the  VHF  Channel  16  watch  requirement  must  have  a  radio  operator  on 
 duty;  393  (d)  prohibits  ship  operation  of  any  device  capable  of  transmitting  on  a  distress  frequency  without  regulatory  authorization;  394  (e)  redesignates  Channels  75  and  76  for  communications  related  to  port 
 operations,  and  establishes  requirements  for  equipment  to  operate  on  the  channels  with  reduced  carrier  power;  395  (f)  authorizes  domestic  use  of  INMARSAT-  E  emergency  position  indicating  radiobeacons 
 (EPIRBs)  and  establishes  standards  for  such  devices;  396  (g)  requires  that  small  passenger  vessels  have  digital  selective  calling  capability  one  year  after  the  U.  S.  Coast  Guard  (Coast  Guard  or  USCG)  declares 
 Sea  Areas  A1  and  A2  to  be  operational,  and  establishes  additional  equipment  requirements  for  such  vessels;  397  (h)  declines  to  specify  that  the  qualified  GMDSS  operator  required  to  be  on  vessels  under  our 
 rules  must  be  assigned  exclusively  to  radio  communications  duties  during  an  emergency;  398  (i)  updates  the  requirements  for  ship  radio  installations  to  incorporate  new  international  regulations;  399  (j) 
 incorporates  into  the  rules  the  international  requirement  that  all  passenger  ships  have  the  ability  to 
 388  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601    612,  has  been  amended  by  the  Small  Business  Regulatory 
 Enforcement  Fairness  Act  of  1996  (SBREFA),  Pub.  L.  No.  104-  121,  Title  II,  110  Stat.  857  (1996).  389 
 Amendment  of  Parts  13  and  80  of  the  Commissions  rules  Concerning  Maritime  Communications,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  48,  17  FCC  Rcd  6741,  6849  (2002). 

 390  See  5  U.  S.  C.    604. 
 391  See  paras.  12-  13,  supra. 
 392  See  paras.  15-  16,  supra. 
 393  See  paras.  18-  20,  supra. 
 394  See  para.  22,  supra. 
 395  See  para.  25,  supra. 
 396  See  paras.  30-  31,  supra. 
 397  See  paras.  33-  34,  36,  38-  40,  supra. 
 398  See  para.  42,  supra. 
 399  See  para.  44,  supra. 
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 communicate  with  search  and  rescue  personnel  on  two  specified  aeronautical  frequencies;  400  (k)  determines  to  continue  listing  the  carrier  frequency,  rather  than  the  assigned  frequency,  in  Part  80  Tables 
 of  Frequencies;  401  and  (l)  specifies  the  number  of  questions  to  be  included  in  the  GMDSS  radio  operator  license  examinations.  402 

 B.  Summary  of  Significant  Issues  Raised  by  Public  Comments  in  Response  to  the  IRFA 
 No  comments  were  submitted  specifically  in  response  to  the  IRFA.  We  note,  however,  that  the  Passenger  Vessel  Association  (PVA)  indicated  that  it  was  opposed  to  several  of  the  proposed  rules 
 because  of  the  compliance  costs  that  would  be  incurred  by  small  passenger  vessel  operators,  many  of  which  are  small  businesses.  Specifically,  PVA  argued  that  the  costs  of  compliance  outweighed  the  safety 
 benefits  of  the  proposed  rules  requiring  that  the  VHF  and  MF  radios  carried  by  small  passenger  vessels  be  upgraded  to  have  digital  selective  calling  (DSC)  capability;  403  that  on  passenger  ships,  at  least  one 
 qualified  person  must  be  assigned  to  perform  only  radio  communications  duties  during  distress  situations;  404  and  that  passenger  vessels  be  equipped  with  means  for  two-  way  on-  scene 
 radiocommunications  for  search  and  rescue  purposes  using  the  aeronautical  frequencies  121.5  and  123.1  MHz.  405  We  have  considered  the  potential  economic  impact  on  small  entities  of  these  rules  and  the  other 
 rules  discussed  in  the  IRFA,  and  we  have  considered  alternatives  that  would  reduce  the  potential  economic  impact  on  small  entities  of  the  rules  enacted  herein,  regardless  of  whether  the  potential 
 economic  impact  was  discussed  in  any  comments. 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  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.  406  The  RFA  defines  the 
 term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  407  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  408  A  small  business  concern  is  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).  409 
 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF),  medium  frequency  (MF),  or  high  frequency  (HF)  radio,  any  type  of  emergency  position  indicating 
 radio  beacon  (EPIRB)  and/  or  radar,  an  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter 

 400  See  para.  46,  supra. 
 401  See  para.  49,  supra. 
 402  See  para.  51,  supra. 
 403  See  para.  34,  supra. 
 404  See  para.  42,  supra.  We  determined  not  to  adopt  this  rule.  Id. 
 405  See  para.  46,  supra. 
 406  5  U.  S.  C.    603(  b)(  3). 
 407  Id.    601(  6). 
 408  Id.    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,  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.  Id.    601(  3). 
 409  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
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 (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these  small  businesses.  For  purposes  of  this  FRFA,  therefore,  the  applicable  definition  of  small  entity  is  the 
 definition  under  the  SBA  rules  applicable  to  wireless  telecommunications.  Pursuant  to  this  definition,  a  small  entity  for  purposes  of  the  ship  station  licensees,  public  coast  station  licensees,  or  other  marine 
 radio  users  that  may  be  affected  by  these  rules,  is  any  entity  employing  1,500  of  fewer  persons.  13  C.  F.  R.    121.201  (NAICS  Code  517212).  Since  the  size  data  provided  by  the  Small  Business  Administration  do 
 not  enable  us  to  make  a  meaningful  estimate  of  the  number  of  marine  radio  service  providers  and  users  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  twelve  radiotelephone  firms  out  of  a  total  of  1,178  such  firms  which  operated  in 
 1992  had  at  least  1,000  employees.  Thus,  we  estimate  that  as  many  as  1,166  small  entities  may  be  affected. 

 Some  of  the  rules  adopted  herein  affect  VHF  public  coast  station  licensees.  The  Commission  has  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  Commissions  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  do  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 
 twelve  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. 

 Some  of  the  rules  adopted  herein  may  also  affect  small  businesses  that  manufacture  marine  radio  equipment.  The  Commission  has  not  developed  a  definition  of  small  entities  applicable  to  marine  radio 
 equipment  manufacturers.  Therefore,  the  applicable  definition  is  that  for  Wireless  Communications  Equipment  Manufacturers.  The  SBA  has  established  a  small  business  size  standard  for  radio  and 
 television  broadcasting  and  wireless  communications  equipment  manufacturing.  Under  this  standard,  firms  are  considered  small  if  they  have  750  or  fewer  employees.  410  Census  Bureau  data  for  1997  indicate 
 that,  for  that  year,  there  were  a  total  of  1,215  establishments  411  in  this  category.  412  Of  those,  there  were  1,150  that  had  employment  under  500,  and  an  additional  37  that  had  employment  of  500  to  999.  The 
 percentage  of  wireless  equipment  manufacturers  in  this  category  is  approximately  61.35%,  413  so  the  Commission  estimates  that  the  number  of  wireless  equipment  manufacturers  with  employment  under  500 
 was  actually  closer  to  706,  with  and  additional  23  establishments  having  employment  of  between  500  and  999.  Given  the  above,  the  Commission  estimates  that  the  great  majority  of  wireless  communications 
 equipment  manufacturers  are  small  businesses. 

 410  13  CFR    121.201,  NAICS  code  334220. 
 411  The  number  of  establishments  is  a  less  helpful  indicator  of  small  business  prevalence  in  this  context  than  would 
 be  the  number  of  firms  or  companies,  because  the  latter  take  into  account  the  concept  of  common  ownership  or  control.  Any  single  physical  location  for  an  entity  is  an  establishment,  even  though  that  location  may  be  owned  by  a 

 different  establishment.  Thus,  the  numbers  given  may  reflect  inflated  numbers  of  businesses  in  this  category,  including  the  numbers  of  small  businesses.  In  this  category,  the  Census  breaks-  out  data  for  firms  or  companies  only 
 to  give  the  total  number  of  such  entities  for  1997,  which  was  1,089.  412 
 U.  S.  Census  Bureau,  1997  Economic  Census,  Industry  Series:  Manufacturing,  Industry  Statistics  by  Employment  Size,  Table  4,  NAICS  code  334220  (issued  August  1999). 

 413  Id.  Table  5,  Industry  Statistics  by  Industry  and  Primary  Product  Class  Specialization:  1997. 
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 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements  for  Small  Entities 
 In  the  Second  Report  and  Order,  we  adopt  several  rule  amendments  that  may  affect  reporting,  recordkeeping  and  other  compliance  requirements  for  small  entities.  414  First,  we  amend  section 
 80.203  of  the  rules  415  to  bar  ship  stations  from  including  any  device  capable  of  transmitting  on  a  distress  frequency  without  regulatory  authorization.  416  This  prohibition  could  affect  small  entities  that  manufacture 
 ship  radio  equipment.  Second,  we  amend  section  80.  215(  g)(  3)  417  to  require  that  ship  station  transmitters  have  Channels  75  and  76,  and  automatically  reduce  the  carrier  power  to  one  watt  or  less  when  tuned  those 
 channels,  with  no  manual  override  capability.  418  This  new  requirement  could  affect  small  entities  that  manufacture  or  use  such  transmitters.  Third,  we  adopt  a  number  of  new  requirements  for  small  passenger 
 vessels:  a  requirement  that  the  VHF  and  MF  radios  already  mandated  by  section  80.905(  a)  of  the  rules  419  be  DSC-  equipped;  420  a  requirement  that  the  single  sideband  (SSB)  radios  required  to  be  carried  by  ships 
 operating  over  one  hundred  nautical  miles  from  shore  be  DSC-  equipped;  421  a  requirement  that  the  INMARSAT  ship  earth  stations  that  may  be  carried  by  ships  operating  more  than  one  hundred  nautical 
 miles  from  shore  in  lieu  of  an  SSB  radio  be  limited  to  specified  classes  of  earth  stations;  422  a  requirement  that  vessels  required  to  carry  a  SSB  radio  with  a  reserve  power  supply  also  carry  a  reserve  power  supply 
 for  the  navigation  receiver;  423  and  a  requirement  for  updating  position  information.  424  These  requirements  may  have  a  direct  economic  impact  on  operators  of  small  passenger  vessels.  Finally,  we  amend  Section 
 80.1085  of  the  rules  425  to  require  that  every  passenger  ship  be  provided  with  means  for  two-  way  on-  scene  radiocommunications  for  search  and  rescue  purposes  using  the  aeronautical  frequencies  121.5  and  123.1 
 MHz  from  the  position  from  which  the  ship  is  normally  navigated.  426 
 In  the  IRFA  accompanying  the  FNPRM  in  this  proceeding,  we  specifically  identified  each  of  the  above  rule  amendments  as  potentially  affecting  reporting,  recordkeeping  and  other  compliance 

 414  We  discuss  here  those  rule  amendments  that  impose  new  or  additional  requirements.  We  note  that  many  of  the 
 decisions  adopted  in  the  Second  Report  and  Order  remove  or  relax  existing  requirements,  or  decline  to  adopt  new  requirements.  See,  e.  g.,  paras.  12-  13  (declining  to  establish  a  new  licensing  requirement  for  recreational  boaters 

 who  use  DSC  equipment);  paras.  15-  16  (clarifying,  inter  alia,  that  VHF  public  coast  stations  do  not  have  to  maintain  a  Channel  70  watch);  paras.  18-  20  (clarifying  that  VHF  public  coast  stations  may  engage  in  unattended 
 operation  on  non-  DSC  equipment  if  they  are  exempt  from  the  Channel  16  watch  requirement);  para.  30  (authorizing  the  use  of  IMARSAT-  EPIRBs),  para.  42  (declining  to  adopt  a  new  requirement  that  passenger  ships  must  have  at 
 least  one  qualified  person  assigned  to  perform  only  radio  communications  duties  during  distress  situations),  supra.  415 
 47  C.  F.  R.    80.203.  416 
 See  para.  22,  supra.  417 
 47  C.  F.  R.    87.215(  g)(  3).  418 
 See  para.  25,  supra.  419 
 47  C.  F.  R.    80.  905(  a).  420 
 See  paras.  33-  34,  supra.  421 
 See  para.  36,  supra.  422 
 See  para.  38,  supra.  423 
 See  para.  39,  supra.  424 
 See  para.  40,  supra.  425 
 47  C.  F.  R.    80.  1085.  426 
 See  para.  46,  supra. 
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 requirements,  and  specifically  requested  comment  on  the  economic  impact  of  these  changes.  427 
 E.  Steps  Taken  to  Minimize  the  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  developing  its  approach,  which  may  include  the  following  four  alternatives  (among  others):  (  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 
 and  reporting  requirements  under  the  rule  for  such  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  such  small 
 entities.  428 
 With  respect  to  all  of  the  rules  adopted  in  the  Second  Report  and  Order  that  may  affect  reporting,  recordkeeping  and  other  compliance  requirements  for  small  entities,  as  identified  in  Section  D  of  this 

 FRFA,  supra,  we  have  considered  how  we  might  minimize  the  economic  impact  on  small  entities,  and  we  have  considered  alternative  measures  that  might  minimize  that  impact.  As  a  general  matter,  the  alternatives 
 considered,  and  in  many  cases  adopted,  include  exempting  small  entities  from  the  requirement;  providing  grandfathering  protection  from  the  requirement;  providing  a  transition  period  to  give  either  small  entities 
 or  all  affected  entities  additional  time  to  come  into  compliance;  and  imposing  a  less  burdensome  requirement,  either  for  small  entities  or  for  all  affected  entities.  In  addition,  to  the  extent  we  establish  here 
 new  standards  for  authorization  of  marine  radio  equipment,  we  have  generally  required  compliance  with  performance  standards,  rather  than  prescribing  a  particular  equipment  design.  In  the  IRFA  accompanying 
 the  FNPRM  in  this  proceeding,  we  specifically  requested  comment  addressing  particular  alternatives  that  may  be  appropriate  for  particular  rules  proposed  or  discussed  in  the  FNPRM.  429  Although  we  received  no 
 comments  specifically  addressed  to  the  IRFA,  we  have  considered  all  comments  to  the  FNPRM  addressing  the  impact  of  any  proposed  change  on  small  entities  and  all  suggestions  for  alternative  measures  that  would 
 have  a  less  significant  impact  on  small  entities.  Moreover,  even  where  we  received  no  comments  of  this  nature  with  regard  to  a  particular  new  requirement,  we  considered  the  potential  impact  of  the  requirement  on 
 small  entities,  and  considered  alternatives.  We  discuss  each  of  the  specific  new  requirements  adopted  in  the  Second  Report  and  Order,  and  relevant  alternatives,  below. 

 In  the  Second  Report  and  Order,  we  amend  section  80.  203  of  the  rules  430  to  bar  ship  stations  from  including  any  device  capable  of  transmitting  on  a  distress  frequency  without  regulatory  authorization.  431 
 This  rule  change  had  been  proposed  by  the  Coast  Guard,  and  the  FNPRM  specifically  asked  for  comment  on  whether  this  rule  change  would  hamper  the  ability  of  manufacturers  to  add  tone  signaling  capability  or  to 
 otherwise  improve  their  equipment.  432  However,  no  manufacturer  commented  on  this  rule  change,  no  commenter  opposed  it,  and  there  is  nothing  in  the  record  to  indicate  that  it  will  adversely  effect 
 manufacturers.  In  any  event,  given  that  this  rule  change  does  not  require  manufacturers  to  add  any  features  or  capabilities  to  equipment,  but  merely  prohibits  what  was  never  affirmatively  authorized  in  the  first  place, 
 there  is  no  reason  to  phase  in  this  requirement  gradually.  Further,  there  is  no  basis  in  the  record  to  exempt  manufacturers  that  are  small  entities  from  this  requirement.  Any  such  exemption,  moreover,  would 
 jeopardize  maritime  safety  since  any  unauthorized  emissions  on  a  distress  frequency,  from  whatever  source, 

 427  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6851-  52. 
 428  5  U.  S.  C.    603(  c)(  1)-(  4). 
 429  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6853. 
 430  47  C.  F.  R.    80.203. 
 431  See  para.  22,  supra. 
 432  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6783,    115. 
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 could  compromise  the  ability  of  the  Coast  Guard  to  process  and  respond  to  distress  signals.  433 
 In  the  Second  Report  and  Order,  we  amend  section  80.215(  g)(  3)  434  to  require  that  ship  station  transmitters  have  Channels  75  and  76,  and  automatically  reduce  the  carrier  power  to  one  watt  or  less  when 

 tuned  those  channels,  with  no  manual  override  capability.  435  In  the  FNPRM,  the  Commission  expressed  concern  about  the  impact  of  this  rule  on  manufacturers,  and  specifically  solicited  comment  on  appropriate 
 grandfathering  protection  if  the  new  requirements  are  adopted.  436  No  manufacturer  commented  on  the  proposed  equipment  requirements  relating  to  Channels  75  and  76,  and  no  one  opposed  such  requirements. 
 The  only  commenter  responding  to  the  Commissions  request  for  input  on  appropriate  grandfathering  protection  was  the  Coast  Guard,  which  stated  simply  that  it  supports  grandfathering  protection  of  some 
 sort.  437  Notwithstanding  the  absence  of  comment  on  this  issue  from  manufacturers  or  vessel  operators,  we  have  provided  both  grandfathering  protection  for  existing  installed  equipment  and  a  transitional  period 
 before  new  installations  have  to  comply  with  the  new  requirements.  Specifically,  non-  compliant  equipment  installed  prior  to  the  effective  date  of  these  rules  is  grandfathered  indefinitely,  so  that  it  may  continue  to 
 be  used  for  its  remaining  useful  life.  438  In  addition,  we  are  allowing  installations  of  non-  compliant  equipment  until  one  year  after  the  effective  date  of  the  Second  Report  and  Order.  439  We  believe  these 
 actions  will  effectively  minimize  the  compliance  burden  of  this  requirement  on  manufacturers  and  ship  station  licensees,  especially  any  affected  small  entities.  Given  that  no  manufacturers  commented  on  these 
 rules,  we  do  not  believe  this  approach  will  leave  manufacturers  with  stranded  inventory.  We  decline  to  exempt  small  entities  from  these  requirements  because  the  benefits  of  designating  Channels  75  and  76  for 
 port  operations,  and  the  associated  equipment  requirements,  cannot  be  fully  realized  unless  access  to  Channels  75  and  76  is  ubiquitous,  and  because  there  is  nothing  in  the  record  of  this  proceeding  to  suggest 
 a  need  for  such  an  exemption,  especially  given  the  grandfathering  and  transition  provisions  we  have  adopted. 

 In  the  Second  Report  and  Order,  we  adopt  a  requirement  that  the  VHF  and  MF  radios  already  mandated  by  section  80.905(  a)  of  the  rules  440  be  DSC-  equipped.  441  The  Passenger  Vessel  Association 
 (PVA)  filed  comments  opposing  this  requirement.  PVA  contends  that  small  passenger  vessels  that  are  not  subject  to  GMDSS  requirements  under  SOLAS  should  not  be  required  to  meet  GMDSS-  derived  equipment 
 requirements  such  as  this.  442  PVA  further  asserts  that  many  of  the  vessel  operators  that  will  be  affected  by  this  requirement  are  small  businesses,  443  and  suggested  that,  instead  of  eliminating  or  tightening  the 
 exemption,  the  Commission  should  broaden  the  exemption  to  cover  all  passenger-  carrying  vessels,  irrespective  of  size,  that  operate  in  protected  waterways,  such  as  harbors,  bays  and  waterways  covered  by 

 433  See  para.  22,  supra.  We  note  that  this  rule  change  only  pertains  to  the  standards  that  equipment  must  meet  in 
 order  to  be  authorized  by  the  Commission.  It  does  not  prohibit  the  use  of  any  existing  equipment  already  installed  on  vessels,  and  thus  should  not  impact  ship  station  licensees.  See    80.  203(  m)(  6)  in  Appendix  B,  supra. 

 434  47  C.  F.  R.    87.215(  g)(  3). 
 435  See  para.  25,  supra. 
 436  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6784,    118. 
 437  See  note  94,  supra  (citing  USCG  Comments  (WT  00-  48)  at  4-  5). 
 438  See  para.  25,  supra. 
 439  Id. 
 440  47  C.  F.  R.    80.  905(  a). 
 441  See  paras.  33-  34,  supra. 
 442  See  para.  34,  supra  (citing  PVA  Comments  at  1). 
 443  See  note  137,  supra  (citing  PVA  Comments  at  1).  PVA  does  not  provide  any  statistics  or  other  evidence  in 
 support  of  this  claim. 
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 Vessel  Traffic  Systems.  444  We  decline  to  exempt  any  class  of  vessels  otherwise  subject  to  section  80.905(  a)  from  the  new  DSC  requirement,  even  with  respect  to  vessels  owned  and  operated  by  small  businesses  and/  or 
 restricted  to  voyages  in  particular  inland  or  coastal  waterways.  We  agree  with  the  Coast  Guard  and  the  GMDSS  Task  Force  that  the  public  safety  benefits  of  imposing  this  requirement  on  small  passenger  vessels 
 are  paramount.  DSC  represents  an  important  enhancement  of  maritime  safety,  and  requiring  DSC  capability  in  small  passenger  vessels,  even  those  limited  to  voyages  on  protected  waterways,  will  provide  safety 
 benefits  not  only  to  the  passengers  and  crew  on  such  vessels,  but  to  all  GMDSS  participating  vessels.  We  also  believe,  moreover,  that  the  compliance  costs  of  this  requirement  will  not  be  significant  because, 
 pursuant  to  section  80.  203(  n)  of  the  Commissions  rules,  445  the  Commission  already  requires  that  all  VHF  and  MF  marine  radio  transmitters  submitted  for  equipment  authorization  have  DSC  capability.  In  fact,  the 
 DSC  requirement  has  applied  to  all  VHF  and  MF  marine  radio  transmitters  submitted  for  equipment  authorization  since  June  17,  1999.  446  As  a  consequence  of  this  requirement,  more  and  more  of  the  new 
 equipment  available  in  the  market  will  be  DSC-  capable.  In  addition,  as  a  means  to  minimize  whatever  compliance  costs  are  incurred  by  small  passenger  vessel  operators,  we  have  decided  to  defer  the  compliance 
 deadline  for  this  requirement.  We  will  not  require  that  VHF  radios  be  upgraded  to  DSC  until  one  year  after  the  Coast  Guard  declares  Sea  Area  A1  to  be  operational,  and  we  will  not  require  that  MF  radios  be  upgraded 
 to  DSC  until  one  year  after  the  Coast  Guard  declares  Sea  Area  A2  to  be  operational.  447  This  compliance  deadline  is  sufficiently  far  off  that  it  will  give  affected  small  passenger  vessel  operators  ample  time  to  plan 
 and  budget  for  the  required  upgrades.  In  addition,  as  the  deadline  for  compliance  extends  further  into  the  future,  it  is  likely  that  there  will  be  fewer  non-  DSC  transmitters  in  manufacturers  and  retailers  inventory 
 (because  of  the  DSC  requirement  in  section  80.203(  n)),  and  we  therefore  expect  that  most  new  VHF  and  MF  radio  equipment  available  in  the  market  during  the  time  period  immediately  preceding  the  compliance 
 deadline  will  have  DSC  capability,  further  minimizing  the  economic  impact  on  small  entities. 
 In  the  Second  Report  and  Order,  we  adopt  a  requirement  that  the  SSB  radios  required  of  ships  operating  over  one  hundred  nautical  miles  from  shore,  pursuant  to  section  80.905,  448  be  DSC-  equipped.  449 

 The  Coast  Guard  was  the  only  party  directly  commenting  on  this  issue,  and  it  stated  that,  as  in  the  case  of  VHF  and  MF  radio  equipment,  requiring  DSC  capabilities  in  SSB  radios  will  provide  significant  safety 
 advantages  over  non-  DSC  equipment.  450  No  party  opposed  this  requirement  or  attempted  to  quantify  the  compliance  costs.  On  this  record,  then,  we  believe  considerations  of  maritime  safety  should  be  given 
 paramount  weight.  Indeed,  given  that  the  subject  vessels  by  definition  operate  more  than  one  hundred  nautical  miles  from  shore,  the  safety  benefits  of  this  requirement  are  even  greater  than  those  we  have 
 adopted  for  VHF  and  MF  radios  in  vessels  that  do  not  operate  so  far  from  shore.  Significantly,  DSC  capability  will  enhance  the  ability  of  passenger  vessels  on  such  voyages  to  contact  nearby  ships  as  well  as 
 shore  facilities.  Although  we  decline  to  exempt  small  passenger  vessel  operators  that  qualify  as  small  entities  from  this  DSC  requirement,  we  have  determined  to  give  affected  parties  until  one  year  after  the 
 effective  date  of  the  Second  Report  and  Order  before  requiring  compliance.  We  believe  this  reasonably  fulfills  the  objective  of  minimizing  compliance  costs  for  small  entities  without  compromising  the 
 objective  of  promoting  public  safety  on  the  high  seas.  We  do  not  hinge  the  compliance  deadline  in  this  case  on  the  timing  of  the  Coast  Guards  declaration  of  Sea  Area  A1  or  Sea  Area  A2  because  vessels 

 444  Id. 
 445  47  C.  F.  R.    80.  203(  n). 
 446  Id. 
 447  See  para.  34,  supra.  Some  safety  benefits  of  VHF-  DSC  radio  and  MF-  DSC  radio  equipment  can  be  realized 
 immediately,  but  the  full  safety  benefits  of  VHF-  DSC  and  MF-  DSC  will  not  accrue  until  deployment  of  the  shore-based  facilities  for  Sea  Area  A1  coverage  and  Sea  Area  A2  coverage,  respectively. 

 448  See  47  C.  F.  R.    80.  905(  a)(  3)(  iii)(  A),  4(  iii)(  A). 
 449  See  para.  36,  supra. 
 450  Id.  (citing  USCG  Comments  (WT  00-  48)  at  7). 
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 operating  more  than  one  hundred  nautical  miles  from  shore  are  operating  in  Sea  Area  A3. 
 In  the  Second  Report  and  Order,  we  adopt  a  requirement  that  the  INMARSAT  ship  earth  stations  that  may  be  carried  by  ships  operating  more  than  one  hundred  nautical  miles  from  shore  in  lieu  of  an  SSB 

 radio,  pursuant  to  section  80.905,  451  be  limited  to  specified  classes  of  earth  stations.  452  We  do  not  believe  this  requirement  should  have  a  significant  impact  on  any  small  entities.  No  commenter  opposed  this 
 proposal.  In  addition,  we  note  that  the  rule  merely  permits  the  use  of  an  INMARSAT  earth  station  as  an  alternative  to  other  equipment,  rather  than  mandating  the  use  of  an  INMARSAT  earth  station  in  all 
 instances.  Nonetheless,  we  have  decided  to  relax  the  requirement,  as  it  was  proposed  in  the  FNPRM,  453  by  adding  the  INMARSAT  Mini-  M  to  the  list  of  approved  earth  stations.  454  As  thus  revised,  we  believe 
 the  adopted  rule  represents  a  reasonable  compromise  between  tightening  the  existing  rule  for  safety  reasons  while  according  a  fair  measure  of  flexibility  to  small  passenger  vessel  operators,  especially  small 
 entities,  in  selecting  an  earth  station  that  will  be  deemed  suitable  to  obviate  the  need  for  an  SSB  radio. 
 In  the  Second  Report  and  Order,  we  extend  the  current  section  80.905  SSB  reserve  power  supply  requirement  455  to  the  navigation  receiver.  456  No  party  has  opposed  this  proposal  or  provided  information 

 that  would  permit  a  quantification  of  estimated  compliance  costs.  The  Coast  Guard,  the  only  commenter  on  this  issue,  urges  adoption  of  the  requirement  because  of  the  safety  benefits.  We  agree  with  the  Coast 
 Guard.  Since  this  rule  merely  extends  an  existing  reserve  power  supply  requirement  to  an  additional  piece  of  equipment,  and  there  have  been  no  comments  in  opposition  to  this  proposal,  we  see  no  basis  for 
 exempting  small  entities  from  this  requirement  or  providing  an  extended  implementation  period. 
 In  the  Second  Report  and  Order,  we  adopt  a  new  requirement  specifying  that  vessels  subject  to  section  80.905  must  comply  with  the  requirement  in  section  80.  1085(  c)  457  for  updating  position 

 information.  458  In  discussing  the  proposal  for  this  rule  in  the  FNPRM,  the  Commission  observed  that  its  adoption  would  impose  a  GMDSS  requirement  on  small  passenger  vessels.  459  The  only  party 
 commenting  on  this  matter  was  the  Coast  Guard,  which  reiterated  its  support  for  this  requirement  because  it  will  enable  the  Coast  Guard  to  locate  mariners  in  a  more  timely  manner  and  better  utilize  its  limited 
 resources.  460  No  party  opposed  this  requirement,  and  the  record  is  devoid  of  information  as  to  the  costs  of  compliance.  Accordingly,  we  find  no  basis  in  the  record  to  exempt  some  small  passenger  vessels  from 
 this  requirement  or  to  delay  its  implementation  through  a  phased-  in  schedule. 

 451  See  47  C.  F.  R.    80.  905(  a)(  3)(  iii)(  B),  4(  iii)(  B). 
 452  See  para.  38,  supra. 
 453  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    124. 
 454  See  para.  38,  supra.  In  the  FNPRM,  we  proposed  to  permit  only  INMARSAT  A  (existing  units  only),  B,  and  C 
 earth  stations.  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    124.  455 
 See  47  C.  F.  R.    80.  905(  a)(  3)(  iv),  (4)(  iv).  456 
 See  para.  39,  supra.  457 
 47  C.  F.  R.    80.  1085(  c).  Section  80.  1085(  c)  states:  All  GMDSS  equipment  capable  of  transmitting  an  automatic  distress  alert  which  includes  position  of  the  ship  must  have  either  an  integral  navigation  receiver  or 

 capability  of  being  connected  to  an  external  navigation  receiver.  If  an  external  navigation  receiver  is  installed,  it  shall  be  connected  to  all  of  the  alerting  devices  referred  to  above.  If  there  is  no  navigation  receiver,  the  position 
 must  be  entered  manually  for  each  alerting  device  at  least  once  every  4  hours  (at  the  change  of  the  navigation  watch). 
 458  See  para.  40,  supra. 
 459  See  GMDSS  FNPRM,  17  FCC  Rcd  at  6787,    125. 
 460  See  para.  40  &  n.  160,  supra  (citing  USCG  Comments  (WT  00-  48)  at  7. 
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 Finally,  in  the  Second  Report  and  Order,  we  amend  section  80.1085  of  the  rules  461  to  require  that  every  passenger  ship  be  provided  with  means  for  two-  way  on-  scene  radiocommunications  for  search  and 
 rescue  purposes  using  the  aeronautical  frequencies  121.5  and  123.1  MHz  from  the  position  from  which  the  ship  is  normally  navigated.  462  PVA  argues  that  a  requirement  for  on-  scene  radios  with  aeronautical 
 frequencies  is  expensive  and  is  not  useful  outside  of  open  ocean  environments.  463  It  urges  that  this  requirement  not  be  imposed  upon  passenger  vessels  operating  in  or  near  coastal,  inland,  and  other 
 protected  waters.  464  More  broadly,  PVA  complains  that  the  USCGs  proposals  in  this  proceeding  indicate  that  the  USCG  is  seeking  to  extend  equipment  requirements  that  are  justified  for  vessels  in  open-  ocean 
 service  to  vessels  on  domestic  voyages.  465  We  agree  with  PVA  that  equipment  requirements  that  make  sense  for  vessels  on  the  open  ocean  should  not  be  extended  without  further  analysis  to  vessels  that  stay 
 closer  to  shore.  However,  we  disagree  with  PVA  that  an  on-  scene  capability  for  two-  way  radiocommunications  with  aircraft  using  the  aeronautical  frequencies  121.5  and  123.1  MHz  offers  no 
 potential  safety  benefits  to  vessels  on  domestic  voyages.  We  believe  that  the  ability  to  communicate  with  helicopters  or  other  aircraft  involved  in  search  and  rescue  operations  could  save  lives  where,  for  example, 
 a  passenger  vessel  catches  fire  and  is  exuding  thick  smoke  on  an  inland  waterway.  We  further  believe  that  these  safety  benefits  militate  against  exempting  certain  vessels  from  this  requirement,  based  either  on 
 the  operators  small  business  status  or  the  restriction  of  the  vessel  to  inland  or  protected  waterways,  or  a  combination  of  both  factors.  Additionally,  we  do  not  believe  that  adopting  this  requirement  in  the  Part  80 
 rules  imposes  a  new  compliance  cost  on  passenger  vessels  since  the  requirement  was  imposed  internationally  under  SOLAS  well  before  the  release  of  this  order.  Moreover,  because  the  safety  benefits 
 of  this  requirement  are  not  dependent  on  GMDSS  implementation,  and  because  passenger  vessels  are  already  required  to  have  this  capability  under  SOLAS,  we  see  no  reason  to  defer  the  effective  date  of  this 
 requirement  to  one  year  after  Sea  Area  A1  or  Sea  Area  A2  implementation,  as  we  have  done  with  some  of  the  other  requirements  adopted  herein  in  the  interest  of  reducing  compliance  costs.  466  However,  we 
 believe  it  is  appropriate  to  defer  the  effective  date  for  this  requirement  for  some  shorter  period  in  order  to  mitigate  the  compliance  costs  for  small  passenger  vessel  operators.  Accordingly,  we  will  make  this 
 requirement  effective  six  months  after  the  effective  date  of  the  Second  Report  and  Order. 
 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  with  the  Proposed  Rules 
 None. 

 461  47  C.  F.  R.    80.  1085. 
 462  See  para.  46,  supra. 
 463  PVA  Comments  at  2. 
 464  Id. 
 465  Id. 
 466  See  para.  34,  supra. 
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 Report  to  Congress:  The  Commission  will  send  a  copy  of  the  Second  Report  and  Order  in  WT  Docket  No.  00-  48,  including  the  Final  Regulatory  Flexibility  Analysis,  in  a  report  to  be  sent  to  Congress 
 pursuant  to  the  Congressional  Review  Act.  467  In  addition,  the  Commission  will  send  a  copy  of  the  Second  Report  and  Order  in  WTB  Docket  No.  00-  48,  including  the  Final  Regulatory  Flexibility  Analysis,  to  the 
 Chief  Counsel  for  Advocacy  of  the  SBA.  A  copy  of  the  Second  Report  and  Order  in  WT  Docket  No.  00-  48  and  the  Final  Regulatory  Flexibility  Analysis  (or  summaries  thereof)  will  also  be  published  in  the 
 Federal  Register.  468 

 467  See  5  U.  S.  C.    801(  a)(  1)(  A). 
 468  See  id.    604(  b). 
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 APPENDIX  D 
 FINAL  REGULATORY  FLEXIBILITY  ANALYSIS 
 (Sixth  Report  and  Order  in  PR  Docket  No.  92-  257) 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  469  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  was  incorporated  in  the  Fourth  Further  Notice  of  Proposed  Rule 

 Making  (4  th  FNPRM)  in  this  proceeding.  470  The  Commission  sought  written  public  comment  on  the  proposals  in  the  4  th  FNPRM,  including  comment  on  the  IRFA.  This  present  Final  Regulatory  Flexibility 
 Analysis  (FRFA)  conforms  to  the  RFA.  471 
 A.  Need  for,  and  Objectives  of,  the  Sixth  Report  and  Order 
 103.  The  rules  adopted  in  the  Sixth  Report  and  Order  are  intended  to  further  streamline,  consolidate  and  clarify  the  Commissions  Part  80  rules  governing  VHF  public  coast  (VPC)  stations; 
 remove  unnecessary  or  duplicative  requirements;  address  new  international  maritime  requirements;  and  promote  flexibility  and  efficiency  in  the  use  of  marine  radio  equipment  in  a  manner  that  will  further 
 maritime  safety.  Specifically,  in  the  Sixth  Report  and  Order  the  Commission  (a)  clarifies  the  responsibilities  of  VPC  stations  as  to  when  they  must  maintain  a  watch  on  the  Channel  16  distress 
 frequency  and  as  to  their  obligation  to  notify  the  Coast  Guard  of  a  station  relocation;  472  (b)  generally  declines  to  impose  additional  technical  requirements  for  VPC  stations  operating  on  offset  channels;  473  (c) 
 denies  a  request  that  nine  channel  pairs  now  allocated  for  public  safety  and  other  private  land  mobile  radio  operations  be  reallocated  for  use  by  VPC  stations;  474  (d)  adopts  new  rules  to  govern  the 
 implementation  of  Automatic  Identification  Systems;  475  (e)  establishes  a  new  emission  mask  in  Part  80  to  accommodate  a  wide  range  of  data  services;  476  (f)  eliminates  the  station  identification  requirement  for 
 VPC  stations  licensed  on  a  geographic  area  basis;  477  (g)  authorizes  VPC  stations  to  maintain  required  station  records  in  electronic  form;  478  (h)  relaxes  the  posting  requirement  for  VPC  stations;  479  and  (i) 
 provides  a  clarification  in  the  rules  that  VPC  stations,  like  other  providers  of  commercial  mobile  radio  services,  have  been  relieved  of  certain  filing  requirements  as  a  matter  of  forbearance.  480 

 469  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601    612,  has  been  amended  by  the  Small  Business  Regulatory 
 Enforcement  Fairness  Act  of  1996  (SBREFA),  Pub.  L.  No.  104-  121,  Title  II,  110  Stat.  857  (1996).  470 
 Amendment  of  the  Commissions  rules  Concerning  Maritime  Communications,  Fourth  Further  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  92-  257,  17  FCC  Rcd  227,  243  (2001). 

 471  See  5  U.  S.  C.    604. 
 472  See  paras.  55-  57,  supra. 
 473  See  paras.  60-  61,  supra. 
 474  See  para.  63,  supra. 
 475  See  paras.  66-  67,supra. 
 476  See  para.  69,  supra. 
 477  See  para.  72,  supra. 
 478  See  para.  75,  supra. 
 479  See  para.  76,  supra. 
 480  See  para.  78,  supra. 
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 B.  Summary  of  Significant  Issues  Raised  by  Public  Comments  in  Response  to  the  IRFA 
 No  comments  were  submitted  specifically  in  response  to  the  IRFA.  Nonetheless,  we  have  considered  the  potential  economic  impact  on  small  entities  of  the  rules  discussed  in  the  IRFA,  and  we 
 have  considered  alternatives  that  would  reduce  the  potential  economic  impact  on  small  entities  of  the  rules  enacted  herein. 

 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  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  rules  adopted  herein.  481  The  RFA  defines  the  term 
 small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  482  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  .483  A  small  business  concern  is  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).  484 
 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF),  medium  frequency  (MF),  or  high  frequency  (HF)  radio,  any  type  of  emergency  position  indicating 

 radio  beacon  (EPIRB)  and/  or  radar,  an  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these 
 small  businesses.  For  purposes  of  this  FRFA,  therefore,  the  applicable  definition  of  small  entity  is  the  definition  under  the  SBA  rules  applicable  to  wireless  telecommunications.  Pursuant  to  this  definition,  a 
 small  entity  for  purposes  of  the  ship  station  licensees,  public  coast  station  licensees,  or  other  marine  radio  users  that  may  be  affected  by  these  rules,  is  any  entity  employing  1,500  of  fewer  persons.  13  C.  F.  R. 
   121.201  (NAICS  Code  517212).  Since  the  size  data  provided  by  the  Small  Business  Administration  do  not  enable  us  to  make  a  meaningful  estimate  of  the  number  of  marine  radio  service  providers  and  users  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  twelve  radiotelephone  firms  out  of  a  total  of  1,178  such  firms  which  operated  in  1992  had  at  least  1,000  employees.  Thus,  we  estimate  that  as  many  as  1,166  small  entities  may  be  affected. 

 Some  of  the  rules  adopted  herein  affect  VHF  public  coast  station  licensees.  The  Commission  has  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  Commissions  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  517212).  Since  the  size  data  provided  by  the  Small  Business  Administration  do  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  twelve 

 481  5  U.  S.  C.    604(  a)(  3). 
 482  Id.    601(  6). 
 483  Id.    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,  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). 

 484  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
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 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. 
 Some  of  the  rules  adopted  herein  may  also  affect  small  businesses  that  manufacture  marine  radio  equipment.  The  Commission  has  not  developed  a  definition  of  small  entities  applicable  to  marine  radio 
 equipment  manufacturers.  Therefore,  the  applicable  definition  is  that  for  Wireless  Communications  Equipment  Manufacturers.  The  SBA  has  established  a  small  business  size  standard  for  radio  and 
 television  broadcasting  and  wireless  communications  equipment  manufacturing.  Under  this  standard,  firms  are  considered  small  if  they  have  750  or  fewer  employees.  485  Census  Bureau  data  for  1997  indicate 
 that,  for  that  year,  there  were  a  total  of  1,215  establishments  486  in  this  category.  487  Of  those,  there  were  1,150  that  had  employment  under  500,  and  an  additional  37  that  had  employment  of  500  to  999.  The 
 percentage  of  wireless  equipment  manufacturers  in  this  category  is  approximately  61.35%,  488  so  the  Commission  estimates  that  the  number  of  wireless  equipment  manufacturers  with  employment  under  500 
 was  actually  closer  to  706,  with  and  additional  23  establishments  having  employment  of  between  500  and  999.  Given  the  above,  the  Commission  estimates  that  the  great  majority  of  wireless  communications 
 equipment  manufacturers  are  small  businesses. 
 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements  for  Small  Entities 

 The  Sixth  Report  and  Order  does  not  impose  any  additional  reporting,  recordkeeping,  or  other  compliance  requirements  on  small  entities.  The  rule  amendments  adopted  in  the  Sixth  Report  and  Order 
 generally  relieve  VPC  station  licensees  of  existing  requirements  or  relax  those  requirements.  489  The  Sixth  Report  and  Order  does  amend  section  80.302(  a)  of  the  Commissions  rules  490  to  expressly  mandate  that 
 VPC  licensees  subject  to  a  Channel  16  watch  requirement  must  notify  the  Coast  Guard  as  soon  as  practicable  of  a  relocation  of  the  station.  491  This  requirement  was  not  opposed  by  any  party.  In  fact,  the 
 only  parties  commenting  on  the  issue    the  Coast  Guard  and  a  VPC  licensee    urged  the  Commission  to  adopt  this  rule  change.  Accordingly,  we  do  not  believe  this  requirement  will  have  a  direct  and  significant 
 economic  impact  on  any  small  entities  or,  for  that  matter,  any  entities  at  all.  In  any  event,  and  as  we  state  in  the  Sixth  Report  and  Order,  492  this  is  not  a  new  or  additional  requirement.  Prior  to  the  amendment 
 adopted  herein,  section  80.302(  a)  specified  that  a  VPC  licensee  subject  to  the  watch  requirement  must  notify  the  Coast  Guard  as  soon  as  practicable  when  there  is  any  change  in  the  operation  of  the  station  that 

 485  13  CFR    121.201,  NAICS  code  334220. 
 486  The  number  of  establishments  is  a  less  helpful  indicator  of  small  business  prevalence  in  this  context  than  would 
 be  the  number  of  firms  or  companies,  because  the  latter  take  into  account  the  concept  of  common  ownership  or  control.  Any  single  physical  locations  for  an  entity  is  an  establishment,  even  though  that  location  may  be  owned  by 

 a  different  establishment.  Thus,  the  numbers  given  may  reflect  inflated  numbers  of  businesses  in  this  category,  including  the  numbers  of  small  businesses.  In  this  category,  the  Census  breaks-  out  data  for  firms  or  companies  only 
 to  give  the  total  number  of  such  entities  for  1997,  which  was  1,089.  487 
 U.  S.  Census  Bureau,  1997  Economic  Census,  Industry  Series:  Manufacturing,  Industry  Statistics  by  Employment  Size,  Table  4,  NAICS  code  334220  (issued  August  1999). 

 488  Id.  Table  5,  Industry  Statistics  by  Industry  and  Primary  Product  Class  Specialization:  1997. 
 489  See,  e.  g.,  para.  69  (establishing  an  emission  mask  that  will  permit  VPC  licensees  to  offer  a  full  range  of  data 
 services);  para.  72  (relieving  geographical  area  VPC  licensees  of  station  identification  requirements);  para.  75  (permitting  VPC  licensees  to  maintain  required  records  in  electronic  form  if  they  so  choose);  para.  76  (relaxing  the 

 posting  requirement  for  VPC  stations);  and  para.  78  (amending  the  rules  to  clarify  that  VPC  licensees  are  no  longer  subject  to  certain  filing  requirements  because  the  Commission  has  determined  to  forbear  from  enforcing  those 
 requirements  against  commercial  mobile  radio  service  providers),  supra.  490 
 47  C.  F.  R.    80.  302(  a).  491 
 See  para.  56,  supra.  492 
 Id. 
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 would  result  in  a  discontinuance,  reduction  or  suspension  of  the  watch.  493  We  believe  this  language  already  encompassed  a  requirement  to  notify  the  Coast  Guard  of  a  relocation  of  the  watch,  and  we  have 
 amended  the  rule  only  to  clarify  the  point,  as  requested  by  the  commenters. 
 E.  Steps  Taken  to  Minimize  the  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  developing  its  approach,  which  may  include  the  following  four  alternatives  (among  others):  (  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 
 and  reporting  requirements  under  the  rule  for  such  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  such  small 
 entities.  494 
 As  explained  in  Section  D  of  this  FRFA,  supra,  the  Sixth  Report  and  Order  does  not  impose  any  additional  reporting,  recordkeeping,  or  other  compliance  requirements  on  small  entities.  The  rule 

 amendments  adopted  in  the  Sixth  Report  and  Order  generally  relieve  VPC  station  licensees  of  existing  requirements  or  relax  those  requirements. 

 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  with  the  Proposed  Rules 
 None. 
 Report  to  Congress:  The  Commission  will  send  a  copy  of  the  Sixth  Report  and  Order  in  PR  Docket  No.  92-  257,  including  the  Final  Regulatory  Flexibility  Analysis,  in  a  report  to  be  sent  to  Congress 

 pursuant  to  the  Congressional  Review  Act.  495  In  addition,  the  Commission  will  send  a  copy  of  the  Sixth  Report  and  Order  in  PR  Docket  No.  92-  257,  including  the  Final  Regulatory  Flexibility  Analysis,  to  the 
 Chief  Counsel  for  Advocacy  of  the  SBA.  A  copy  of  the  Sixth  Report  and  Order  in  PR  Docket  No.  92-  257  and  the  Final  Regulatory  Flexibility  Analysis  (or  summaries  thereof)  will  also  be  published  in  the 
 Federal  Register.  496 

 493  47  C.  F.  R.    80.  302(  a). 
 494  5  U.  S.  C.    603(  c)(  1)-(  4). 
 495  See  id.    801(  a)(  1)(  A). 
 496  See  id.    604(  b). 
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 APPENDIX  E 
 INITIAL  REGULATORY  FLEXIBILITY  ANALYSIS 
 (Second  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48) 
 As  required  by  the  Regulatory  Flexibility  Act  (RFA),  497  the  Commission  has  prepared  this  present  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  significant  economic  impact  on  small 

 entities  by  the  policies  and  rules  proposed  in  the  Second  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  00-  48  (2  nd  FNPRM).  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  2  nd  FNPRM  as  provided  in  paragraph  91  of  the  item.  The  Commission  will  send  a  copy  of  the  2  nd  FNPRM, 
 including  the  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  U.  S.  Small  Business  Administration.  498  In  addition,  the  2  nd  FNPRM  and  IRFA  (or  summaries  thereof)  will  be  published  in  the  Federal  Register.  499 

 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules 
 In  the  2  nd  FNPRM,  we  seek  comment  on  rule  amendments  that  are  intended  to  enhance  maritime  safety,  promote  the  efficient  use  of  the  maritime  radio  spectrum,  and,  to  the  extent  consistent  with  these 
 first  two  objectives,  remove  unnecessary  regulatory  burdens.  We  also  seek  to  conform  the  Commissions  Part  80  rules  with  international  standards  where  doing  so  will  not  undermine  domestic  regulatory 
 objectives.  In  the  2  nd  FNPRM,  we  first  request  comment  on  whether  we  should  adopt  new  requirements  for  digital  selective  calling  equipment  that  conform  to  recently  adopted  international  standards  for  such 
 equipment.  500  Second,  we  invite  comment  on  whether  to  augment  the  list  of  ship  earth  stations  approved  for  use  in  lieu  of  a  single  sideband  radio.  Specifically,  we  invite  comment  on  whether  to  add  the 
 INMARSAT  F-  77  ship  earth  station  to  the  list.  501  Next,  we  seek  comment  on  a  recommendation  by  the  National  Transportation  Safety  Board  to  require  that  all  small  passenger  vessels  have  a  reserve  power 
 source.  502  In  addition,  we  ask  interested  parties  to  consider  whether  we  should  make  certain  commercial  radio  operator  licenses  and  permits  valid  for  the  lifetime  of  the  holder,  obviating  the  need  for  such 
 licensees  to  file  periodic  renewal  applications.  503  We  also  ask  for  comment  on  whether  we  should  introduce  greater  flexibility  into  the  examination  process  by  removing  rule  provisions  that  codify  the 
 number  of  questions  for  each  examination  element  and  that  require  the  exclusive  use  of  new  question  pools  immediately  upon  their  public  availability.  504  In  addition,  we  request  comment  to  assist  us  in 
 crafting  rules  to  guide  the  industry  in  making  communications  equipment  that  will  meet  the  functional  needs  of  the  Ship  Security  Alert  System.  505  We  also  invite  recommendations  for  further  updating  of  Part 
 80  of  our  rules  in  response  to  recent  changes  in  international  standards,  and  specifically  request  comment  on  whether  certain  on-  board  frequencies  should  be  authorized  for  narrowband  use  domestically,  as  they 

 497  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)  (CWAA).  Title  II  of  the  CWAA  is  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996  (SBREFA). 

 498  Id.    603(  a). 
 499  See  id. 
 500  See  para.  79,  supra. 
 501  See  para.  80,  supra. 
 502  See  paras.  81-  82,  supra. 
 503  See  para.  83,  supra. 
 504  See  para.  84,  supra. 
 505  See  para.  85,  supra. 
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 are  internationally.  506  Finally,  we  request  comment  on  suggestions  by  both  Globe  Wireless  and  the  Commission  that  certain  regulatory  provisions  have  become  outdated,  and  therefore  should  be  revised  or 
 eliminated.  507 
 B.  Legal  Basis  for  Proposed  Rules 
 The  proposed  action  is  authorized  under  sections  1,  4(  i),  302,  303(  f)  and  (r),  and  332  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  1,  154(  i),  302,  303(  f)  and  (r),  and  332. 

 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.  508  The  RFA  defines  the 
 term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  509  In  addition,  the  term  small  business  has  the  same  meaning  as  the 
 term  small  business  concern  under  the  Small  Business  Act.  .510  A  small  business  concern  is  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).  511  A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant 
 in  its  field.  512  Nationwide,  as  of  1992,  there  were  approximately  275,  801  small  organizations.  513  Small  governmental  jurisdiction  514  generally  means  governments  of  cities,  counties,  towns,  townships, 
 villages,  school  districts,  or  special  districts,  with  a  population  of  less  than  50,000.  515  As  of  1992,  there  were  approximately  85,006  governmental  entities  in  the  United  States.  516  This  number  includes  38,978 
 counties,  cities,  and  towns;  of  these,  37,566,  or  96%,  have  populations  of  fewer  than  50,000.  517  The  Census  Bureau  estimates  that  this  ratio  is  approximately  accurate  for  all  governmental  entities.  Thus,  of 
 the  85,006  governmental  entities,  we  estimate  that  81,600  (96%)  are  small  entities.  Below,  we  further  describe  and  estimate  the  number  of  small  entity  licensees  and  regulatees  that  may  be  affected  by 
 adoption  of  rules  discussed  in  the  2  nd  FNPRM. 

 506  See  para.  86,  supra. 
 507  See  paras.  87-  88,  supra. 
 508  5  U.  S.  C.    603(  b)(  3). 
 509  5  U.  S.  C.    601(  6). 
 510  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,  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). 
 511  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
 512  5  U.  S.  C.    601(  4). 
 513  1992  Economic  Census,  U.  S.  Bureau  of  the  Census,  Table  6  (special  tabulation  of  data  under  contract  to  Office  of 
 Advocacy  of  the  U.  S.  Small  Business  Administration).  514 
 47  C.  F.  R    1.  1162.  515 
 5  U.  S.  C.    601(  5).  516 
 U.  S.  Dept.  of  Commerce,  Bureau  of  the  Census,  1992  Census  of  Governments.  517 
 Id. 
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 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF),  medium  frequency  (MF),  or  high  frequency  (HF)  radio,  any  type  of  emergency  position  indicating 
 radio  beacon  (EPIRB)  and/  or  radar,  an  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these 
 small  businesses.  For  purposes  of  this  IRFA,  therefore,  the  applicable  definition  of  small  entity  is  the  definition  under  the  SBA  rules  applicable  to  wireless  telecommunications.  Pursuant  to  this  definition,  a 
 small  entity  for  purposes  of  the  ship  station  licensees,  public  coast  station  licensees,  or  other  marine  radio  users  that  may  be  affected  by  these  rules,  is  any  entity  employing  1,500  of  fewer  persons.  13  C.  F.  R. 
   121.201  (NAICS  Code  517212).  Since  the  size  data  provided  by  the  Small  Business  Administration  do  not  enable  us  to  make  a  meaningful  estimate  of  the  number  of  marine  radio  service  providers  and  users  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  twelve  radiotelephone  firms  out  of  a  total  of  1,178  such  firms  which  operated  in  1992  had  at  least  1,000  employees.  Thus,  we  estimate  that  as  many  as  1,166  small  entities  may  be  affected.  We  invite 
 comment  on  whether  this  is  the  correct  definition  to  use  in  this  context.  We  note  in  this  regard  that  one  of  the  discussed  rule  changes  would  affect  small  passenger  vessels,  and  the  Passenger  Vessel  Association 
 has  stated  in  comments  in  this  proceeding  that  the  vast  majority  of  U.  S.  passenger  vessel  operating  companies  are  small  businesses.  518  We  accordingly  request  commenters  to  consider  whether  the  number 
 of  small  passenger  vessel  operators  potentially  affected  by  the  rule  is  not  fully  reflected  in  the  above  definition  and  estimate.  In  keeping  with  the  spirit  of  the  RFA,  we  choose  to  err,  if  at  all,  on  the  side  of 
 overestimating  the  number  of  small  entities  potentially  affected  by  these  rules. 
 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements 
 We  believe  two  of  the  possible  rule  changes  discussed  in  the  2  nd  FNPRM  may  potentially  have  a  direct,  significant  economic  impact  on  a  substantial  number  of  small  entities.  519  As  noted,  we  have 
 requested  comment  on  whether  to  impose  new  requirements  on  digital  selective  calling  equipment  in  conformity  with  recently  adopted  international  standards  for  such  equipment.  520  We  invite  interested 
 parties  to  address  the  economic  impact  of  the  new  requirements  on  small  vessel  operators  and  other  small  businesses  that  may  be  subject  to  the  requirements.  It  is  our  tentative  conclusion  that  mandating 
 compliance  with  the  new  requirements  will  benefit  maritime  safety.  We  seek  information  on  whether  the  compliance  costs  may  outweigh  the  safety  benefits  of  these  requirements,  and  whether  there  are 
 alternative  means  of  securing  the  safety  benefits  of  these  requirements  through  means  that  are  less  burdensome  to  regulatees. 

 In  addition,  we  have  requested  comment  on  a  NTSB  recommendation  that  the  Commission  amend  its  rules  to  require  that  small  passenger  vessels  have  VHF  radiotelephone  communications  systems 
 518  See  note  137,  supra  (citing  PVA  Comments  at  1). 
 519  We  believe  the  discussed  rules  concerning  commercial  radio  operator  licensing  examinations  would  not  impose 
 any  new  reporting,  recordkeeping,  or  other  compliance  requirement  on  any  regulated  entity.  An  extension  of  the  license  terms  of  certain  radio  operator  licenses,  to  the  lifetime  of  the  license  holder,  would  benefit  those  licensees  by 

 eliminating  the  cost  and  paperwork  burden  of  filing  periodic  license  renewal  applications.  The  other  specific  rule  changes  under  consideration  would  simply  provide  a  transition  period  before  use  of  a  new  question  pool  became 
 mandatory,  and  make  it  easier  to  change  the  number  of  questions  that  have  to  be  included  on  a  particular  examination.  We  do  not  anticipate  that  either  of  these  rule  changes  would  have  a  significant  or  direct  economic 
 impact  on  any  entity,  and  that  whatever  slight  impact  they  do  have  would  be  economically  beneficial.  Finally,  our  request  for  interested  parties  to  suggest  whether  certain  rules  should  be  updated  to  reflect  changes  in  international 
 standards  is  so  open-  ended  that  the  impact  of  any  responsive  proposals  cannot  be  predicted  at  this  stage.  We  recognize,  of  course,  that  we  may  need  to  augment  our  regulatory  flexibility  analysis  with  respect  to  specific 
 proposals  that  we  receive  from  commenters.  520 
 See  para.  79,  supra. 
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 on  board  that  can  operate  even  when  the  vessel  loses  power.  521  Currently,  section  80.917  of  the  Commissions  rules  imposes  a  requirement  on  vessels  of  more  than  100  gross  tons  to  have  a  reserve 
 power  supply.  522  Adoption  of  the  NTSB  recommendation  would  in  effect  remove  the  tonnage  limitation  from  section  80.917,  and  impose  the  reserve  power  supply  requirement  on  all  passenger  vessels,  regardless 
 of  size.  The  NTSB  states  that  imposing  the  reserve  power  supply  requirement  on  all  small  passenger  vessels  will  prevent  accidents  and  save  lives.  523  Imposition  of  such  a  requirement  would  likely  require 
 small  passenger  vessel  operators,  including  small  passenger  vessel  operators  that  are  small  entities,  to  purchase  and  install  additional  equipment  on  their  vessels.  The  record  in  this  proceeding  does  not 
 indicate  the  estimated  cost  of  such  equipment  or  the  estimated  overall  costs  of  compliance  with  such  a  requirement.  In  the  2  nd  FNPRM,  we  specifically  ask  commenters  to  provide  information  on  the  costs  to 
 small  vessel  operators  of  complying  with  such  a  requirement,  524  and  we  reiterate  that  request  here. 
 We  do  not  believe  any  of  the  other  matters  discussed  in  the  2  nd  FNPRM  would  have  a  direct,  significant  economic  impact  on  a  substantial  number  of  small  entities.  However,  any  commenters  that 
 disagree  with  that  tentative  conclusion  are  asked  to  explain  the  basis  of  that  disagreement. 
 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.  525 

 In  the  2  nd  FNPRM,  we  request  comment  on  whether  to  incorporate  into  the  Commissions  rules  newly  adopted  international  standards  for  digital  selective  calling  equipment.  We  describe  here,  and  seek 
 comment  on,  possible  alternatives  to  imposing  these  new  requirements  that  might  minimize  the  economic  impact  on  small  entities.  First,  we  ask  commenters  to  consider  whether  it  would  be  appropriate  to  exempt 
 small  businesses  from  any  additional  requirements  for  digital  selective  calling  equipment  that  may  be  adopted.  Commenters  advocating  such  an  exemption  should  propose  criteria  for  identifying  entities  that 
 should  be  exempt,  and  should  explain  why  they  believe  such  an  exemption  represents  a  reasonable  compromise  between  the  goals  of  promoting  maritime  safety  and  minimizing  compliance  costs  for  small 
 entities.  In  addition,  if  we  do  determine  to  impose  new  requirements  on  digital  selective  calling  equipment,  we  would  consider  whether  we  should  grandfather  some  vessels  from  the  requirement,  either 
 indefinitely  or  for  a  specified  term  of  years,  or  whether  there  should  be  a  phased-  in  schedule  for  compliance,  with  possibly  different  compliance  timetables  for  vessels  based,  possibly,  on  vessel  size  or 
 on  whether  the  vessel  operator  is  a  small  business.  Interested  parties  should  address  these  alternatives.  Finally,  we  seek  comment  on  whether  an  alternative  equipment  requirement,  less  costly  to  small 
 passenger  vessel  operators,  could  provide  the  same  or  similar  safety  benefits  as  the  international  standards.  Proponents  of  such  an  alternative  requirement  should  compare  the  estimated  costs  of 
 complying  with  the  international  digital  selective  calling  equipment  standards  with  the  estimated  costs  of  complying  with  the  proposed  alternative,  and  explain  why  they  believe  the  proposed  alternative  will  be 

 521  See  paras.  81-  82,  supra. 
 522  47  C.  F.  R.    80.917. 
 523  See  para.  81  &  note  353,  supra. 
 524  See  para.  82,  supra. 
 525  See  5  U.  S.  C.    603(  c). 
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 adequate  to  address  safety  concerns.  Commenters  are  also  invited  to  suggest  alternatives  other  than  those  discussed  here. 
 In  the  2  nd  FNPRM,  we  also  invite  comment  on  an  NTSB  recommendation  to  require  that  small  passenger  vessels,  regardless  of  size,  have  VHF  radiotelephone  communications  systems  on  board  that 
 can  operate  even  when  the  vessel  loses  power.  We  tentatively  conclude  that  the  most  direct  way  of  imposing  such  a  requirement  is  removing  the  tonnage  limitation  in  section  80.917,  which  now  exempts 
 vessels  of  100  gross  tons  or  less  from  an  otherwise  applicable  reserve  power  supply  requirement.  However,  we  also  specifically  ask  interested  parties  to  recommend  other  means  of  addressing  the  safety 
 needs  of  small  vessel  operators,  crewmembers,  and  passengers,  either  as  alternatives  to  the  NTSB  recommendation  or  as  supplementary  measures.  526 

 We  describe  here,  and  seek  comment  on,  possible  alternatives  to  the  NTSB  recommendation  that  might  minimize  the  economic  impact  on  small  entities.  First,  we  ask  commenters  to  consider  whether  the 
 reserve  power  supply  requirement  should  be  expanded  only  to  a  subset  of  additional  small  passenger  vessels  rather  than  to  all  small  passenger  vessels.  For  example,  instead  of  eliminating  the  tonnage 
 limitation  in  current  section  80.917,  we  might  simply  lower  the  threshold.  Commenters  advocating  a  lowered  tonnage  threshold  should  recommend  a  specific  threshold  and  explain  why  they  believe  it 
 represents  a  reasonable  compromise  between  the  goals  of  promoting  maritime  safety  and  minimizing  compliance  costs  for  small  entities.  Alternatively,  we  could  restrict  the  applicability  of  the  reserve  power 
 supply  requirement  based  on  the  size  of  the  small  passenger  vessel  operator,  perhaps  exempting  only  those  small  passenger  vessel  operators  that  meet  the  statutory  definition  of  a  small  business.  Commenters 
 advocating  such  an  approach  should  explain,  inter  alia,  if  it  might  result  in  exempting  certain  vessels  exceeding  100  gross  tons  that  are  now  fully  subject  to  the  reserve  power  supply  requirement,  and  the 
 ramifications  of  such  an  exemption  for  maritime  safety.  In  addition,  we  might  consider  providing  a  continuing  exemption  for  vessels  below  a  certain  size,  or  owned  by  a  small  business,  that  operate  only  in 
 protected  inland  waterways.  527  If  we  do  determine  to  impose  a  reserve  power  supply  requirement  on  all  small  passenger  vessels,  we  would  consider  whether  we  should  grandfather  some  vessels  from  the 
 requirement,  either  indefinitely  or  for  a  specified  term  of  years,  or  whether  there  should  be  a  phased-  in  schedule  for  compliance,  with  possibly  different  compliance  timetables  for  vessels  based,  possibly,  on 
 vessel  size  or  on  whether  the  vessel  operator  is  a  small  business.  Interested  parties  should  address  these  alternatives.  Finally,  we  seek  comment  on  whether  an  alternative  equipment  requirement,  less  costly  to 
 small  passenger  vessel  operators,  could  provide  the  same  or  similar  safety  benefits  as  a  reserve  power  supply  requirement.  Proponents  of  such  an  alternative  requirement  should  compare  the  estimated 
 compliance  costs  of  the  reserve  power  supply  requirement  with  the  estimated  compliance  costs  of  the  proposed  alternative,  and  explain  why  they  believe  the  proposed  alternative  will  be  adequate  to  address 
 safety  concerns.  528  Commenters  are  also  invited  to  suggest  alternatives  other  than  those  discussed  here. 
 526  See  para.  82,  supra. 
 527  However,  we  observe  that  the  particular  incident  that  prompted  the  NTSB  recommendation  was  a  fire  on  board  a 
 small  passenger  vessel  on  a  commuter  run  in  the  Hudson  River.  See  para.  81,  supra.  528 
 We  note  that  Section  80.917  not  only  requires  a  reserve  power  supply  but  also  specifies  certain  criteria  relating  to,  for  example,  location  and  accessibility,  overload  protection,  charging  of  storage  batteries,  and  engine  cooling. 

 (continued....) 
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 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  With  the  Proposed  Rules 
 None. 

 (...  continued  from  previous  page)  See  47  C.  F.  R.    80.  917(  b)-(  g).  Commenters  may  propose,  as  alternatives  minimizing  the  costs  to  small  entities, 
 either  a  requirement  for  less  costly  equipment  in  lieu  of  a  reserve  power  supply,  or  a  relaxation  of  the  criteria  applicable  to  the  reserve  power  supply. 
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 APPENDIX  F 

 Glossary  of  Acronyms 

 AIS  Automatic  Identification  Systems 
 ATMS  Automated  Maritime  Telecommunications  System 
 CMRS  Commercial  mobile  radio  services 
 COLEM  Commercial  Operator  License  Examination  Manager 
 DSC  Digital  selective  calling 
 EPIRB  Emergency  position  indicating  radiobeacon 
 GMDSS  Global  Maritime  Distress  and  Safety  System 
 IEC  International  Electrotechnical  Commission 
 IMO  International  Maritime  Organization 
 ISO  International  Standards  Organization 
 ITU  International  Telecommunication  Union 
 NTSB  National  Transportation  Safety  Board 
 PAWSS  Ports  and  Waterways  Safety  System 
 PSTN  Public  switched  telephone  network 
 RTCM  Radio  Technical  Commission  for  Maritime  Services 
 SOLAS  International  Convention  for  the  Safety  of  Life  at  Sea 
 SSB  Single  sideband 
 STCW  Standards  of  Training,  Certification  and  Watchkeeping  Convention 
 ULS  Universal  Licensing  System 
 USCG  United  States  Coast  Guard 
 USPS  United  States  Power  Squadrons 
 VPC  VHF  public  coast  station 
 VTS  Vessel  Traffic  Systems 
92