[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Page 18227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10162]




Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / 
Proposed Rules
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[[Page 18227]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 80 and 87

[CC Docket No. 96-82, FCC 96-145]


Operation of Certain Domestic Ship and Aircraft Radio Stations 
Without Individual Licenses

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: Pursuant to the 1996 Telecommunications Act, this NPRM 
proposes to amend the Commission's rules regarding ship and aircraft 
radio stations, to remove the individual radio licensing requirement 
and to authorize by rule the operation of radio equipment on 
recreational vessels and aircraft. The Federal Communications 
Commission (``Commission'') tentatively concludes that individual 
licenses are unnecessary for either the safety or operational 
requirements of these vessels and aircraft. It also tentatively 
concludes that individual licensing is unnecessary to meet its 
regulatory and spectrum management responsibilities with regard to 
these services, and that eliminating the individual licensing 
requirement will remove an unnecessary regulatory burden on the public. 
This proposed rule is being considered with the adoption of interim 
rules published concurrently in the Federal Register.

DATES: Comments are due on or before May 10, 1996. Reply comments are 
due on or before May 20, 1996. Informal comments may be filed on or 
before May 20, 1996.

ADDRESSES: You must send comments and reply comments to the Office of 
the Secretary, Federal Communications Commission, Washington, D.C. 
20554. You may also file informal comments by electronic mail. You 
should address informal comments to <a href="/cdn-cgi/l/email-protection#a9dac4c8cec7c6dddde9cfcaca87cec6df"><span class="__cf_email__" data-cfemail="3f4c525e5851504b4b7f595c5c11585049">[email protected]</span></a>. You must put the 
docket number of this proceeding on the subject line (``WT Docket No. 
96-82''). You must also include your full name and Postal Service 
mailing address in the text of the message.

FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless 
Division, Wireless Telecommunications Bureau, (202) 418-0871, or at 
<a href="/cdn-cgi/l/email-protection#afdcc2cec8c1c0dbdbefc9cccc81c8c0d9"><span class="__cf_email__" data-cfemail="2c5f414d4b424358586c4a4f4f024b435a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking in WT Docket No. 96-82, adopted April 1, 
1996, and released April 12, 1996.
    The complete text of the Notice of Proposed Rulemaking is available 
for inspection and copying during normal business hours in the FCC 
Reference Center (Room 230), 1919 M Street, N.W., Washington D.C., and 
also may be purchased from the Commission's copy contractor, 
International Transcription Services, at (202) 857-3800, 1919 M Street, 
N.W., Room 246, Washington, D.C. 20554.

Synopsis of Notice of Proposed Rulemaking

    This Notice of Proposed Rule Making (NPRM) proposes to revise the 
Commission's rules pursuant to Section 307(e) of the Communications Act 
of 1934 (the ``Communications Act''), as amended by Section 403(i) of 
the Telecommunications Act of 1996. With this NPRM, the Commission 
proposes to revise its rules for the Maritime Services and the Aviation 
Services to reflect our conclusion that this individual licensing 
requirement should be removed.
    Section 403(i) of the 1996 Telecommunications Act amended Section 
307(e)(1) of the Communications Act as follows:

    [I]f the Commission determines that such authorization serves 
the public interest, convenience, and necessity, the Commission may 
by rule authorize the operation of radio stations without individual 
licenses in . . . (C) the aviation radio service for aircraft 
stations operated on domestic flights when such aircraft are not 
otherwise required to carry a radio station; and (D) the maritime 
radio service for ship stations navigated on domestic voyages when 
such ships are not otherwise required to carry a radio station.

Pursuant to this statutory authority, the Commission tentatively 
concludes that it serves the public interest, convenience, and 
necessity to authorize, by rule, recreational vessel and aircraft radio 
stations. Accordingly, the Commission proposes to amend its rules to 
remove the individual radio licensing requirement for these vessels and 
aircraft. Under this proposal, the Commission would eliminate the 
requirement that members of the public have an individual license to 
operate a marine VHF radio, any type of emergency position indicating 
radio beacon (EPIRB), and/or radar on board a recreational vessel. 
Similarly, the Commission would eliminate the requirement that members 
of the public have an individual license to operate a VHF aircraft 
radio and/or any type of emergency locator transmitter (ELT) on board a 
recreational aircraft.

Initial Regulatory Flexibility Analysis

    Reason for action. The purpose of this NPRM is to determine, 
pursuant to the Telecommunications Act of 1996, whether it is in the 
public interest, convenience, and necessity to amend the rules to 
remove the individual radio licensing requirement for vessels and 
aircraft that operate domestically and are not subject to the radio 
carriage requirements of any statute or treaty.
    Objectives. The objective of this NPRM is to request public comment 
on the proposals made herein.
    Legal basis. The authority for this action is the Administrative 
Procedure Act, 5 U.S.C. Sec. 553; and Sections 4(i), 4(j), 301, 303(r), 
and 307(e) of the Communications Act of 1934 as amended, 47 U.S.C. 
Secs. 145, 301, 303(r) and 307(e).
    Reporting, recordkeeping and other compliance requirements. 
Compliance requirements would be reduced if the proposal in this NPRM 
is adopted.
    Federal rules which overlap, duplicate or conflict with these 
rules. None.
    Description, potential impact and number of small entities 
involved. Most applicants for individual recreational licenses are 
individuals. However, to the extent any are small entities, the 
proposed rule would eliminate the burden of filing for individual 
recreational vessel or aircraft licenses.
    Significant Alternatives. None.

Ordering Clauses

    Accordingly, it is ordered that this Notice of Proposed Rule Making 
is hereby adopted.
    It is further ordered that the Secretary shall mail a copy of this 
document to the Chief Counsel for Advocacy, Small Business 
Administration, the Administrator, Federal Aviation Administration, and 
the Commander, United States Coast Guard Auxiliary.

List of Subjects

47 CFR Part 80

    Radio, Vessels.

47 CFR Part 87

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-10162 Filed 4-23-96; 8:45 am]
BILLING CODE 6712-01-P

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