[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Rules and Regulations]
[Pages 58010-58011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28875]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 80 and 87
[WT Docket No. 96-82; FCC 96-421]
Permit Operation of Certain Domestic Ship and Aircraft Radio
Stations Without Individual Licenses
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This action amends the maritime service and aviation service
rules to permit certain ship and aircraft radio stations that operate
domestically and are not required by statute or treaty to carry a radio
to operate without individual licenses. The effect of this rule is to
eliminate the regulatory burdens of filing applications and the cost of
the filing fee from hundreds of thousands of ship and aircraft station
licensees. This action eliminates administrative burdens for both the
public and the Commission without having a negative impact on safety or
spectrum management in the Maritime and Aviation Services.
EFFECTIVE DATE: December 12, 1996.
FOR FURTHER INFORMATION CONTACT: James Shaffer of the Commission's
Wireless Telecommunications Bureau at (202) 418-0680 or via e-mail at
mayday@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 96-421, adopted October 18, 1996, and released October
25, 1996. The full text of this Report and Order is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room 239) 1919 M Street, NW, Washington, DC. The
complete text may be purchased from the Commission's copy contractor,
ITS, Inc., 2100 M Street NW, Suite 140, Washington, DC 20037, telephone
(202) 857-3800.
Summary of Order
1. By this action, we revise the Maritime Service and Aviation
Service rules to eliminate the individual radio licensing requirements
for ship stations and aircraft stations that operate domestically and
are not required by statute or treaty to carry a radio (hereafter
referred to as ``exempt vessels and aircraft''). This action is taken
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, which gives the Commission discretion
to remove the individual radio licensing requirements for these
stations upon a determination that the public interest, convenience and
necessity would be served thereby.
2. This Report and Order adopts rules substantially as proposed in
the Notice of Proposed Rule Making (NPRM), 61 FR 18226 (April 24,
1996), in this proceeding. We are eliminating the unnecessary
regulatory burdens associated with the filing of applications by
hundreds of thousands of ship and aircraft station licensees as well as
removing the administrative burden associated with the Commission's
processing of such applications. We conclude that the public interest,
convenience and necessity is served by eliminating individual licensing
of exempt vessels and aircraft because individual licenses are
unnecessary for either the safety or operational communications
requirements or identification purposes. Moreover, such individual
licensing does not aid us in carrying out our regulatory and spectrum
management responsibilities with regard to these services. Finally, we
set forth herein our policies and procedures for (1) refunding
regulatory fees for both maritime and aviation licensees who received
their licenses after July 17, 1994, (2) refunding licensing and
regulatory fees for applicants who have applied for but not yet
received an authorization (pending applications) and (3) distributing
maritime mobile service identities (MMSIs) to exempt vessels.
3. We noted in the NPRM that licensees who received their licenses
after July 17, 1994, and paid a regulatory fee may be eligible to
request a partial refund for the remaining years on their
authorization. We will allow refunds of regulatory fees paid in advance
by exempt ship and aircraft licensees for any remaining full years of a
license term. These refunds will be made to individual ship and
aircraft licensees who request a refund. The precise procedures for
requesting a refund from the Commission will be issued by Public Notice
from the Managing Director and published in the Federal Register. For
those applicants that have applied for but not received an
authorization, we will return the regulatory fee and the processing
fee. No action is needed by entities with pending applications to
obtain this refund.
4. Currently, these MMSI numbers are issued to a licensee, upon
request, at the time the individual ship station is licensed. Over the
past year approximately 5 percent of ship licensees requested MMSI
numbers. The Commission is currently exploring options for issuing
these numbers, including issuing blocks of MMSI numbers to other
Federal Government agencies or private entities to administer. We will
issue a Public Notice in the future on alternative procedures for
obtaining an MMSI number. In the interim, however, those individuals
that desire an MMSI number must apply for a ship license. We expect the
number of requests for MMSI numbers to continue to be small, however,
until the Coast Guard puts its VHF DSC system in place.
5. Accordingly, It is ordered that, pursuant to the authority of
Sections 4(i), 303(r), 307(e), and 332(a)(2) of the Communications Act
of 1934, as amended, 47 U.S.C. Secs. 154(i), 303(r), 307(e) and
332(a)(2), Parts 80 and 87 of the Commission's Rules, 47 CFR Parts 80
and 87 are amended as set forth below, effective December 12, 1996.
6. It is further ordered that this proceeding is terminated.
List of Subjects
47 CFR Part 80
Communications equipment, Radio, Vessels.
47 CFR Part 87
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Chapter I of Title 47 of the Code of Federal Regulations, Parts 80
and 87, are amended as follows:
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for Part 80 is revised to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 307(e) 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 80.13 is revised to read as follows:
Sec. 80.13 Station license required.
(a) Except as noted in paragraph (c) of this section, stations in
the maritime
[[Page 58011]]
service must be licensed by the FCC either individually or by fleet.
(b) One ship station license will be granted for operation of all
maritime services transmitting equipment on board a vessel.
(c) A ship station is licensed by rule and does not need an
individual license issued by the FCC if the ship station is not subject
to the radio equipment carriage requirements any statute, treaty or
agreement to which the United States is signatory, the ship station
does not travel to foreign ports, and the ship station does not make
international communications. A ship station licensed by rule is
authorized to transmit radio signals using a marine radio operating in
the 156-162 MHz band, any type of EPIRB, and any type of radar
installation. All other transmissions must be authorized under a ship
station license. Even though an individual license is not required, a
ship station licensed by rule must be operated in accordance with all
applicable operating requirements, procedures, and technical
specifications found in this part.
PART 87--AVIATION SERVICES
3. The authority citation for Part 87 is revised to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
4. Section 87.18 is revised to read as follows:
Sec. 87.18 Station license required.
(a) Except as noted in paragraph (b) of this section, stations in
the aviation service must be licensed by the FCC either individually or
by fleet.
(b) An aircraft station is licensed by rule and does not need an
individual license issued by the FCC if the aircraft station is not
required by statute, treaty, or agreement to which the United States is
signatory to carry a radio, and the aircraft station does not make
international flights or communications. Even though an individual
license is not required, an aircraft station licensed by rule must be
operated in accordance with all applicable operating requirements,
procedures, and technical specifications found in this part.
[FR Doc. 96-28875 Filed 11-8-96; 8:45 am]
BILLING CODE 6712-01-P
