[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76864-76865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28028]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[DA 04-3408]


Use of Frequency 156.575 MHz for Port Operations Communications 
in Puget Sound

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission permits the use of marine VHF 
channel 71 (156.575 MHz) for the use of intership port operations 
communications in Puget Sound, the Straits of Juan de Fuca, and their 
approaches. This was in response to a Coast Guard request to the 
Commission recommending that VHF marine Channel 71 be authorized for 
use by the Puget Sound Pilots for intership port operations 
communications. This action will allow more efficient management of 
vessel traffic in the area, thereby increasing navigational safety and 
protecting the marine environment in this busy port.

DATES: Effective January 24, 2005.

FOR FURTHER INFORMATION CONTACT: James Shaffer, <a href="/cdn-cgi/l/email-protection#e2a8838f8791ccb18a8384848790a2a4a1a1cc858d94"><span class="__cf_email__" data-cfemail="561c373b332578053e37303033241610151578313920">[email protected]</span></a>, 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-0687, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 04-3408, adopted on October 26, 2004, and released on October 28, 
2004. The full text of this document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at 
<a href="/cdn-cgi/l/email-protection#5f3d3236333336311f393c3c71383029"><span class="__cf_email__" data-cfemail="f2909f9b9e9e9b9cb2949191dc959d84">[email protected]</span></a>.
    1. The Order amends Sec.  80.373(f) of the Commission's rules to 
make VHF marine Channel 71 (156.575 MHz) available for intership port 
operations communications in Puget Sound, the Straits of Juan de Fuca, 
and the approaches thereto. This amendment will allow the vessel 
traffic in Puget Sound to be managed more efficiently and will protect 
the marine environment by preventing vessel collisions and groundings.
    2. In 2000, the Commission amended Sec.  0.331 of its rules to 
delegate authority to the Wireless Telecommunications Bureau (Bureau) 
to designate, by footnote to the frequency table in Sec.  80.373(f), 
frequencies available for intership port operations communications in 
defined port areas. In the Report and Order, WT Docket No. 99-332, 15 
FCC Rcd 11302 (2000), the Commission indicated that it was authorizing 
the Bureau to act on requests from the United States Coast Guard (Coast 
Guard) to make frequencies available for intership communications 
related to port operations in order to alleviate communications 
congestion related to such port operations.
    3. On March 12, 2004, the Coast Guard submitted a request to the 
Bureau's Public Safety and Critical Infrastructure Division 
recommending that VHF marine Channel 71 be authorized for use by the 
Puget Sound Pilots for intership port operations communications at a 
normal power of one watt (exceptionally ten watts) in Puget Sound, the 
Straits of Juan de Fuca, and the approaches thereto Enclosed was a 
letter from the Puget Sound Pilots asking the Coast Guard to request 
that the Commission designate VHF marine Channel 71 as a port 
operations channel in the area under the jurisdiction of the Captain of 
the Port Puget Sound, with its use limited to intership communications 
with pilots regarding the movement and docking of ships at a normal 
power of one watt. The Coast Guard also enclosed letters from the North 
Pacific Marine Radio Council (NPMRC), the Puget Sound Harbor Safety and 
Security Committee (PSHSSC), the Recreational Boating Association of 
Washington (RBAW), and the Captain of the Port Puget Sound, all 
concurring with the request.
    4. We agree with the Coast Guard that the proposed designation will 
enhance

[[Page 76865]]

maritime safety in this busy waterway. In this type of environment, 
harbor pilots rely upon clear and effective radio communications with 
tugs to help ensure the safe ingress and egress of large vessels. The 
parties assert that there is a critical need for an additional VHF 
channel for communications between large commercial vessels, tankers 
and other vessels carrying hazardous cargoes, and pilots and tugs in 
the Vessel Traffic Service Puget Sound (VTS Puget Sound). They note 
that the only frequency dedicated to intership communications related 
to port operations, VHF marine Channel 77 (156.875 MHz), is frequently 
congested. Congestion is intensified by the Canadian use of this 
channel for ship movement and docking at Delta Port, British Columbia, 
near the northern border of VTS Puget Sound.
    5. The parties submit that VHF marine Channel 71, which currently 
is designated for noncommercial intership and ship-to-coast use, is a 
good candidate for a port operations channel because it carries very 
little recreational traffic, even during the summer months. RBAW agrees 
that recreational vessels have sufficient other channels to meet their 
VHF communication needs.
    6. Based on the foregoing, we hereby amend the frequency table in 
Sec.  80.373(f) of the Commission's rules to make VHF marine Channel 71 
available for intership port operations communications in Puget Sound, 
the Straits of Juan de Fuca, and the approaches thereto. The normal 
output power must not exceed one watt, and the maximum output power 
must not exceed ten watts. This action will allow more efficient 
management of vessel traffic in the area, thereby increasing 
navigational safety and protecting the marine environment in this busy 
port.
    7. We will permit private coast stations currently authorized to 
operate on VHF marine Channel 71 within VTS Puget Soundto continue 
operation until the end of their current license term on a non-
interference basis. NPMRC has contacted the owners of these stations, 
and they have agreed to change to another appropriate frequency. Bureau 
staff will assist affected licensees in finding suitable alternative 
channels. No fee will be charged for affected stations that request an 
alternative channel before their next license renewals.
    8. Finally, Puget Sound Pilots also request that VHF marine Channel 
76 (156.825 MHz), which recently was designated for port operations 
communications, be limited to intership communications with pilots 
regarding the movement and docking of ships. The Coast Guard, however, 
did not support this request. We agree with the Coast Guard and do not 
believe that it is necessary to so limit the use of Channel 76. We 
believe that in redesignating Channels 75 (156.775 MHz) and 76, the 
Commission (which acted after Puget Sound Pilots submitted their 
request to the Coast Guard) addressed the needs for additional spectrum 
for navigation-related port operation communications. Therefore, we 
will not amend our rules to limit such communications.

Report to Congress

    9. The Commission will send a copy of this Order in a report to be 
sent to Congress and the General Accounting Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clause

    10. Accordingly, it is ordered, that pursuant to the authority 
contained in sections 4(i) and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 303(r), and Sec.  0.331 of the 
Commission's rules, 47 CFR Sec.  0.331, part 80 of the Commission's 
rules is amended as set forth in Appendix A, effective January 24, 
2005.

List of Subjects in 47 CFR Part 80

    Communications equipment, Radio.

Federal Communications Commission
Ramona Melson,
Chief of Staff, Public Safety and Critical Infrastructure Division.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 80 as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: Sections 4, 303, 307(e), 309 and 322, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309 and 322 unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.


0
2. In Sec.  80.373, the noncommercial table of paragraph (f) is amended 
by revising the entry for ``71'' and by adding footnote 19 to read as 
follows:


Sec.  80.373  Private communications frequencies.

* * * * *
    (f) * * *

------------------------------------------------------------------------
                   Frequencies in the 156-162 MHz band
-------------------------------------------------------------------------
                                  Channel designator       Points of
                                 --------------------    communication
                                                        (Intership and
     Carrier frequency (MHz)                           between coast and
                                    Ship      Coast       ship unless
                                  transmit  transmit       otherwise
                                                          indicated)
------------------------------------------------------------------------
                              Noncommercial
------------------------------------------------------------------------
 
                                * * * * *
71\19\..........................   156.575   156.575
 
                                * * * * *
------------------------------------------------------------------------
\19\ 156.575 MHz is available for port operations communications use
  only within the U.S. Coast Guard designated VTS radio protection area
  of Seattle (Puget Sound) described in Sec.   80.383. Normal output
  power must not exceed 1 watt. Maximum output power must not exceed 10
  watts.

* * * * *
[FR Doc. 04-28028 Filed 12-22-04; 8:45 am]
BILLING CODE 6712-01-P


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