[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 smagnott@fcc.gov. 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
smagnott@fcc.gov.
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
