[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
[Rules and Regulations]
[Pages 26885-26887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12411]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20 and 80
[PR Docket No. 92-257; FCC 99-83]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: The Commission has denied reconsideration of and corrected
portions of the final rules adopted in the Third Report and Order and
Memorandum Opinion and Order (Third Report and Order) in this
proceeding. It clarifies the respective regulatory statuses of services
that were and were not addressed in the Third Report and Order, deletes
a cross-reference to a rule that was removed in the Third Report and
Order, and clarifies the co-channel interference protection standards
for VHF public coast geographic licensees established in the Third
Report and Order.
DATES: Effective June 17, 1999.
FOR FURTHER INFORMATION CONTACT: Scot Stone of the Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
at (202) 418-0680 or via E-mail to sstone@fcc.gov''. TTY: (202) 418-
7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, PR Docket No. 92-257, FCC 99-83, adopted
April 26, 1999, and released May 3, 1999. The complete text may be
purchased from the Commission's copy contractor, International
Transcription Services, 1231 20th Street, N.W., Washington, D.C. 20036,
telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats
(computer diskette, large print, audio cassette, and Braille) are
available to persons with disabilities by contacting Martha Contee at
(202) 418-0260, TTY (202) 418-2555, or at mcontee@fcc.gov. The full
text of the Memorandum Opinion and Order can also be downloaded at:
http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc9983.txt or http://
www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc9983.wp
Summary of the Memorandum Opinion and Order
1. The Commission initiated the instant proceeding to update the
Maritime Service rules to promote the use of new, spectrally efficient
radio communications techniques. In the Third Report and Order (63 FR
40059, July 27, 1998), the Commission adopted rules to simplify the
license process for VHF public coast stations. Fred Daniel d/b/a Orion
Telecom petitioned for reconsideration of those rules, contending that
the 12 dB co-channel interference protection standard was insufficient
to protect automated coastal stations, the development of which will be
facilitated by the rule changes adopted in the Third Report and Order.
The Commission finds, however, that the standard is sufficient, and
that there is no reason to adopt different standards for automated and
manually-operated stations.
2. In addition, on its own motion, the Commission amends the rules
to conform the final rules adopted in the Third Report and Order to the
text of the Third Report and Order, and corrects the Final Regulatory
Flexibility Analysis.
Revised Final Regulatory Flexibility Analysis
3. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the Second
Further Notice of Proposed Rule Making (62 FR 37533, July 14, 1997) in
this proceeding (Second Further Notice). The Commission sought written
public comment on the proposals in the Second Further Notice, including
comment on the IRFA. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
4. Need for, and Objectives of, the Third Report and Order. Our
objective is to simplify our licensing process for VHF public coast
stations. Specifically, this action will: (1) convert licensing of VHF
public coast station spectrum from site-by-site licensing to geographic
area licensing, (2) simplify and streamline the VHF public coast
spectrum licensing procedures and rules, (3) increase licensee
flexibility to provide communication services that are responsive to
dynamic market demands, and (4) introduce market-based forces into the
Maritime Services by using competitive bidding procedures (auctions) to
resolve mutually exclusive applications for public coast spectrum. We
find that these actions will increase the number and types of
communications services available to the maritime community and improve
the safety of life and property at sea, and that the potential benefits
to the maritime community exceed any negative effects that may result
from the promulgation of rules for this purpose. Thus, we conclude that
the public interest is served by amending our rules as described above.
[[Page 26886]]
5. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were submitted in response to the
IRFA. In general comments on the Second Further Notice, however, some
small business commenters raised issues that might affect small
business entities. In particular, some small business commenters argued
that geographic licensing should be used only in certain areas; or that
incumbent licensees be permitted to expand their systems before any
auctions are held; or that license areas should be small enough to
permit smaller licensees to participate in auctions, so that small
business do not have to bid for territory far exceeding their operating
needs. The Commission carefully considered each of these comments in
reaching the decision set forth herein.
6. Description and Estimate of the Number of Small Entities to
Which Rules Will Apply. The rules adopted herein will apply to
licensees using public coast spectrum. The Commission has not developed
a definition of the term ``small entity'' specifically applicable to
public coast station licensees. Therefore, the applicable definition of
small entity is the definition under the Small Business Administration
rules applicable to radiotelephone service providers. This definition
provides that a small entity is any entity employing less than 1,500
persons. See 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4812. Since the size data provided by the Small Business
Administration does not enable us to make a meaningful estimate of the
number of current or prospective public coast station licensees which
are small businesses, and no commenters responded to our request for
information regarding the number of small entities that use or are
likely to use public coast spectrum, we used the 1992 Census of
Transportation, Communications, and Utilities, conducted by the Bureau
of Census, which is the most recent information available. This
document shows that only 12 radiotelephone firms out of a total of
1,178 such firms which operated during 1992 had 1,000 or more
employees. There are over 100 public coast station licensees. Based on
the proposals contained herein, it is unlikely that more than 50
licensees will be authorized in the future. Therefore, for purposes of
our evaluations and conclusions in this FRFA, we estimate that there
are approximately 150 public coast station licensees which are small
businesses, as that term is defined by the Small Business
Administration.
7. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. All small businesses that choose to
participate in the competitive bidding for these services will be
required to demonstrate that they meet the criteria set forth to
qualify as small businesses, as required under 47 CFR Part 1, Subpart
Q. Any small business applicant wishing to avail itself of small
business provisions will need to make the general financial disclosures
necessary to establish that the business is in fact small. Prior to
auction each small business applicant will be required to submit an FCC
Form 175, OMB Clearance Number 3060-0600. The estimated time for
filling out an FCC Form 175 is 45 minutes. In addition to filing an FCC
Form 175, each applicant will have to submit information regarding the
ownership of the applicant, any joint venture arrangements or bidding
consortia that the applicant has entered into, and financial
information demonstrating that a business wishing to qualify for
bidding credits is a small business. Applicants that do not have
audited financial statements available will be permitted to certify to
the validity of their financial showings. While many small businesses
have chosen to employ attorneys prior to filing an application to
participate in an auction, the rules are intended to enable a small
business working with the information in a bidder information package
to file an application on its own. When an applicant wins a license, it
will be required to submit an FCC Form 601, which will require
technical information regarding the applicant's proposals for providing
service. This application will require information provided by an
engineer who will have knowledge of the system's design.
8. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The Commission in
this proceeding has considered comments on ways to implement broad
changes to the Maritime Services rules. In doing so, the Commission has
adopted alternatives which minimize burdens placed on small entities.
First, it has decided to establish a presumption that regional
licensees are telecommunications carriers, avoiding the need for small
telecommunications to provide detailed information about their
operations. Also, it has exempted by rule from the Channel 16 safety
watch requirement public coast stations whose areas are served by
government stations, replacing the prior requirement that such coast
stations individually request an exemption. In addition, the Commission
has eased the construction requirements for VHF public coast stations.
9. The Commission considered and rejected several significant
alternatives. It rejected the alternative of licensing all VHF public
coast spectrum by Coast Guard District. Instead, it will license such
spectrum in areas removed from major waterways by inland VHF Public
Coast Station Area (VPCs), identical to Economic Areas (EAs), allowing
small entities there to participate in the auction without bidding for
territory far exceeding their operating needs. The Commission rejected
the alternative of delaying the auctions for the inland VPCs by holding
frequencies open for public safety applications. Instead, the
Commission designated public safety channels in advance. The Commission
rejected the alternative of requiring each geographic area licensee to
provide detailed information about the services it will offer, so the
Commission could determine whether the licensee is a telecommunications
carrier. Instead, the Commission established a rebuttable presumption
that geographic area licensees are telecommunications carriers, so only
those seeking to avoid that classification need submit such
information.
10. The Commission will send a copy of the Third Report and Order
and Memorandum Opinion and Order (63 FR 40059, July 27, 1998),
including this FRFA, in a report to be sent to Congress pursuant to the
Small Business Regulatory Enforcement Fairness Act of 1996, see 5
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of
the Third Report and Order and Memorandum Opinion and Order to the
Chief Counsel for Advocacy of the Small Business. A copy of the Third
Report and Order and Memorandum Opinion and Order and FRFA (or
summaries thereof) will be published in the Federal Register. See 5
U.S.C. 604(b).
List of Subjects
47 CFR Part 20
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 80
Communications equipment, Radio, Vessels.
[[Page 26887]]
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 20 and 80 as follows:
PART 20--COMMERCIAL MOBILE RADIO SERVICES
1. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless
otherwise noted.
2. Sec. 20.9 is amended by revising paragraph (b) introductory text
and (b)(1) to read as follows:
Sec. 20.9 Commercial mobile radio service.
* * * * *
(b) Licensees of a Personal Communications Service or applicants
for a Personal Communications Service license, and VHF Public Coast
Station geographic area licensees or applicants, proposing to use any
Personal Communications Service or VHF Public Coast Station spectrum to
offer service on a private mobile radio service basis must overcome the
presumption that Personal Communications Service and VHF Public Coast
Stations are commercial mobile radio services.
(1) The applicant or licensee (who must file an application to
modify its authorization) seeking authority to dedicate a portion of
the spectrum for private mobile radio service, must include a
certification that it will offer Personal Communications Service or VHF
Public Coast Station service on a private mobile radio service basis.
The certification must include a description of the proposed service
sufficient to demonstrate that it is not within the definition of
commercial mobile radio service in Sec. 20.3. Any application
requesting to use any Personal Communications Service or VHF Public
Coast Station spectrum to offer service on a private mobile radio
service basis will be placed on public notice by the Commission.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
3. 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.
4. Sec. 80.371 is amended by revising the table in paragraph
(c)(1)(i) to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) * * *
(1)(i) * * *
Working Carrier Frequency Pairs in the 156-162 MHz Band \1\
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Carrier frequency
(MHz)
Channel designator ---------------------
Ship Coast
transmit transmit
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24................................................ 157.200 161.800
84................................................ 157.225 161.825
25................................................ 157.250 161.850
85 \2\............................................ 157.275 161.875
26................................................ 157.300 161.900
86................................................ 157.325 161.925
27................................................ 157.350 161.950
87................................................ 157.375 161.975
28................................................ 157.400 162.000
88 \3\............................................ 157.425 162.025
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\1\ For special assignment of frequencies in this band in certain areas
of Washington State, the Great Lakes and the east coast of the United
States pursuant to arrangements between the United States and Canada,
see subpart B of this part.
\2\ The frequency pair 157.275/161.875 MHz is available on a primary
basis to ship and public coast stations. In Alaska it is also
available on a secondary basis to private mobile repeater stations.
\3\ 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, the frequency 157.425 MHz is available for use by ship
stations for public correspondence communications only. One hundred
twenty kilometers (75 miles) from the United States/Canada border
157.425 MHz is available for intership and commercial communications.
Outside the Puget Sound area and its approaches and the Great Lakes,
157.425 MHz is available for communications between commercial fishing
vessels and associated aircraft while engaged in commercial fishing
activities.
* * * * *
5. Revise Sec. 80.751 to read as follows:
Sec. 80.751 Scope.
This subpart specifies receiver antenna terminal requirements in
terms of power, and relates the power available at the receiver antenna
terminals to transmitter power and antenna height and gain. It also
sets forth the co-channel interference protection that VHF public coast
station geographic area licensees must provide to incumbents and to
other VHF public coast station geographic area licensees.
6. Add new paragraph (c) to Sec. 80.773 to read as follows:
Sec. 80.773 Co-channel interference protection.
* * * * *
(c) VHF public coast station geographic area licensees are
prohibited from exceeding a field strength of +5 dBu (decibels
referenced to 1 microvolt per meter) at their service area boundaries,
unless all the affected VHF public coast station geographic area
licensees agree to the higher field strength.
[FR Doc. 99-12411 Filed 5-17-99; 8:45 am]
BILLING CODE 6712-01-U
