[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Proposed Rules]
[Pages 37533-37537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18292]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80
[PR Docket No. 92-257; FCC 97-217]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission has adopted a Second Further Notice of Proposed
Rule Making in PR Docket No. 92-257 which seeks to simplify the
licensing process and introduce additional flexibility for public coast
stations. Specifically, the Commission has proposed rules to designate
geographic licensing regions for very high frequency (VHF) public coast
stations, and assign all currently unassigned VHF public correspondence
channels on a geographic basis by competitive bidding. The Commission
has proposed rules to eliminate the required channel loading showing
for high seas public coast stations, and implement competitive bidding
procedures for mutually exclusive initial applications on a case-by-
case basis; and to eliminate
[[Page 37534]]
the current emission restrictions and channel plan, increase the
permitted power levels for point-to-point communications, and
streamline licensing procedures for Automated Maritime
Telecommunications System (AMTS) coast stations. The Commission also
seeks comment on allowing private coast stations to share public coast
station frequencies in the medium frequency (MF) and high frequency
(HF) bands.
DATES: Interested parties may file comments on or before August 25,
1997, and reply comments on or before September 9, 1997.
ADDRESSES: Federal Communications Commission, 1919 M St., N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Scot Stone, Wireless
Telecommunications Bureau, Public Safety & Private Wireless Division,
(202) 418-0638 or via E-mail to sstone@fcc.gov''.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rule Making in the Second Report and Order
and Second Further Notice of Proposed Rule Making, PR Docket No. 92-
257, FCC 97-217, adopted June 17, 1997, and released June 26, 1997,
with Commissioner Ness issuing a statement. The full text of this
Second Report and Order and Second Further Notice of Proposed Rule
Making is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,
Washington, D.C. The complete text may be purchased from the
Commission's copy contractor, International Transcription Services,
2100 M Street, N.W., Washington, D.C. 20037, telephone (202) 857-3800.
Summary of the Second Further Notice of Proposed Rule Making in the
Second Report and Order and Second Further Notice of Proposed Rule
Making
1. The Commission initiated the instant proceeding to update the
Maritime Service rules to promote the use of new, spectrally efficient
radio communications techniques. The Commission concluded in the Second
Further Notice of Proposed Rule Making that it was in the public
interest to simplify the license process for VHF public coast stations
and to reconsider its treatment of high seas and AMTS public coast
stations.
2. First, the Commission proposes to designate ten licensing
regions, based on Coast Guard Districts, and authorize a single
licensee for all currently unassigned VHF public correspondence
channels on a geographic basis, in lieu of the site-based approach
presently used. Geographic area licensing provides significant
advantages over site-based licensing for entities providing subscriber-
based services because of the greater operational flexibility it gives
licensees and the greater ease of administration for the Commission.
Coast Guard Districts provide a sufficient amount of contiguous
coastline to foster local as well as regional coast station systems,
and they reflect regional trading and vessel movement patterns.
3. The Commission proposes to permit the continued operation of
incumbent VHF public coast station licensees and private land mobile
radio (PLMR) licensees sharing marine spectrum in inland regions
indefinitely, and to require incumbents and geographic licensees to
afford interference protection to one another. Under the proposal,
incumbent licensees will be allowed to renew, transfer, assign, and
modify their license in any manner so long as such modifications do not
extend the incumbent's service area; proposed modifications that would
extend an incumbent's service area or request additional frequencies
would be contingent upon an agreement with each affected licensee. If
an incumbent fails to construct, discontinues operations, or otherwise
has its license terminated, its authorization would automatically
revert to the regional licensee.
4. The Commission proposes to authorize a single regional licensee
to operate on all unassigned public correspondence frequencies within
its District for a ten-year license term. The Commission proposes to
permit each regional licensee to place stations anywhere within its
region to serve vessels or units on land, so long as marine-originating
traffic is given priority and incumbent operations are protected. Base
stations and land units would be blanket licensed under the regional
license, except that individual licensing would be required for base
stations that require submission of an Environmental Assessment under
47 CFR 1.1307 or international coordination, or would affect the radio
frequency quiet zones described in 47 CFR 80.21.
5. The Commission seeks comment on whether the current construction
requirement for VHF public coast stations (i.e., that the station be
placed in operation within eight months of the license grant) should be
retained, or replaced with a requirement that the station provide
substantial service within ten years (or some lesser level of service
within a shorter time). The Commission proposes to permit partitioning
and disaggregation of the geographic licenses, with partitionees and
disaggregatees to hold their licenses for the remainder of the original
licensee's term and to have a renewal expectancy.
6. Second, the Commission proposes to eliminate the required
showing of channel loading for high seas public coast stations. Like
the now-eliminated VHF band loading criteria, these requirements were
intended to prevent channel warehousing and ensure efficient use of the
maritime spectrum, but continuing to impose loading requirements on
high seas public coast stations could unfairly impair the ability of
providers to compete. Efficient use of high seas public coast station
spectrum is more appropriately monitored through construction
requirements. The Commission proposes extending the construction
requirement from eight months to twelve months.
7. Third, the Commission proposes to introduce additional
flexibility for AMTS coast stations. The Commission proposes extending
the construction requirement from eight months to two years for new
systems and from eight months to one year for subsequently licensed
stations that extend the geographic area served by the system; and
eliminating the current emission restrictions and channel plan. The
Commission seeks comments concerning ways to streamline licensing and
regulatory procedures while continuing to protect television reception
from interference, and concerning increasing the permitted power levels
for AMTS point-to-point communications.
8. Fourth, the Commission proposes to use competitive bidding
procedures to resolve mutually exclusive initial applications for VHF
geographic licenses and for high seas and AMTS public coast station
licenses, in light of its previous determination that public coast
stations provide a commercial mobile radio service and, thus, public
coast station licenses are auctionable, pursuant to 47 U.S.C. 309(j).
The Commission seeks comments regarding the establishment of a ``small
business'' definition for the public coast service, and on what small
business provisions, i.e., installment payment plans and bidding
credits, should be offered to public coast small business applicants.
9. Finally, the Commission proposes allowing private coast stations
to share public coast station frequencies in the MF/HF bands, and seeks
comments regarding how the channels would be shared and how to resolve
mutually
[[Page 37535]]
exclusive initial applications for such frequencies.
10. In order to permit the orderly and effective resolution of the
issues in this proceeding, the Second Further Notice of Proposed Rule
Making suspends the acceptance of public coast station applications to
use VHF spectrum, and PLMR applications proposing to share that
spectrum, for new licenses, amendments to such new license
applications, applications to modify existing licenses, and amendments
thereto; except applications involving renewals, transfers,
assignments, and modifications that propose neither to expand a
station's service area nor to obtain additional public coast VHF band
spectrum. This suspension applies to applications received on or after
June 17, 1997, and is effective until March 17, 1998, provided that the
Commission has not taken any action in this proceeding before that
time.
11. Public coast station applications to use VHF spectrum that were
filed prior to the deadline stated above and which are pending will be
processed provided that they are not mutually exclusive with other
applications as of the deadline stated above, and the relevant period
for filing competing applications has expired as of the deadline stated
above. Previously filed public coast station applications to use public
coast VHF spectrum not meeting these criteria will be held in abeyance
until the conclusion of this proceeding. Previously filed PLMR
applications to use such spectrum will be processed.
Regulatory Flexibility Act
Initial Regulatory Flexibility Analysis
12. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603, the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the expected impact on small entities of
the policies and rules proposed in the Second Further Notice of
Proposed Rule Making. Written public comments are requested on the
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on this Second Further Notice of
Proposed Rule Making provided in the item.
13. Need for and Objectives of the Proposed Rule. The purpose of
this item is to determine whether it is in the public interest,
convenience, and necessity to amend our rules to simplify our licensing
process for VHF public coast stations, to reconsider our treatment of
high seas public coast stations, and to introduce additional
flexibility for AMTS public coast stations. These proposals include:
(1) Converting licensing of VHF public coast station spectrum for which
the principal use will involve, or is reasonably likely to involve,
``subscriber-based'' services, from site-by-site licensing to
geographic area licensing, (2) simplifying and streamlining the VHF
public coast spectrum licensing procedures and rules, (3) increasing
licensee flexibility to provide communication services that are
responsive to dynamic market demands, and (4) employing competitive
bidding procedures (auctions) to resolve mutually exclusive
applications for public coast spectrum for which the principal use will
involve, or is reasonably likely to involve, ``subscriber-based''
services. In addition, we temporarily suspend the acceptance and
processing of certain public coast spectrum applications, with the
exception of applications in a few noted categories. These proposed
rules and actions should increase the number and types of
communications services available to the maritime community.
Additionally, these proposals should improve safety of life and
property at sea.
14. Legal Basis. Authority for issuance of this item is contained
in Sections 4(i), 4(j), 7(a), 302, 303(b), 303(f), 303(g), 303(r),
307(e), 332(a), and 332(c) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 157(a), 303(b), 303(f), 303(g),
303(r), 307(e), 332(a), and 332(c).
15. Description and Estimate of the Number of Small Entities to
Which Rule Will Apply. The proposed rules would affect 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 Regulatory Flexibility Act amendments were not in
effect until the record in this proceeding was closed, the Comission
was unable to request information regarding the number of small
entities that may choose to provide public coast services and is unable
at this time to make a meaningful estimate of the number of potential
public coast service providers which are small businesses.
16. The size data provided by the Small Business Administration
does not enable us to make a meaningful estimate of the number of
public coast station licensees which are small businesses. Therefore,
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.
17. We seek comment on the number of small entities that use public
coast station spectrum. Further, we seek comment on the number of small
entities that are likely to apply for licenses under the various
proposals described herein. Because any entity that is capable of
providing radiotelephone service is eligible to hold a public coast
license, the proposals herein could prospectively affect any small
business in the United States. In other words, the universe of
prospective or possible public coast spectrum users is all small
businesses.
18. Reporting, Recordkeeping, and Other Compliance Requirements.
Again, we note that we have requested comment regarding the
establishment of a small business definition for public coast spectrum.
If we use competitive bidding to award licenses, as proposed, and also
establish a small business definition for the purpose of competitive
bidding, then all small businesses that choose to participate in these
services will be required to demonstrate that they meet the criteria
set forth to qualify as small businesses, as required under part 1,
subpart Q of the Commission's Rules, 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 small business is in fact small.
19. If this occurs, 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 must submit
information regarding the ownership of the applicant, any joint venture
arrangements or bidding consortia that the applicant has entered into,
and financial information which demonstrates that a small business
wishing to qualify for installment payments and 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
[[Page 37536]]
chosen to employ attorneys prior to filing an application to
participate in an auction, the rules are proposed so that a small
business working with the information in a bidder information package
can file an application on its own. When an applicant wins a license,
it will be required to submit an FCC Form 494 (common carrier) 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.
20. Federal Rules That May Duplicate, Overlap, or Conflict with the
Proposals. None.
21. Significant Alternatives Minimizing the Impact on Small
Entities Consistent with the Stated Objectives. The NPRM solicits
comment on a variety of alternatives set forth herein. Any significant
alternatives presented in the comments will be considered. As noted, we
have requested comment regarding the establishment of a small business
definition for the public coast service. We also seek comment generally
on the existence of small entities in the public coast service and how
many total entities, existing and potential, would be affected by the
proposed rules in the NPRM. Finally, we request that each commenter
identify whether it is a ``small business'' under the SBA definition of
employing fewer than 1,500 employees.
22. IRFA Comments. We request written public comment on the
foregoing IRFA. Comments must have a separate and distinct heading
designating them as responses to the IRFA and must be filed by the
deadlines provided in the item.
Ex Parte Rules
23. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules. See generally 47 CFR 1.1202, 1.1203, 1.1206(a).
Paperwork Reduction Act
24. This Second Further Notice of Proposed Rule Making does not
contain either a proposed or modified information collection.
Comment Filing Procedures
25. To file formally in this proceeding, you must file an original
and four copies of all comments, reply comments, and supporting
comments. If you want each Commissioner to receive a personal copy of
your comments, you must file an original plus nine copies. You should
send comments and reply comments to the Office of the Secretary,
Federal Communications Commission, Washington, D.C. 20554. You also may
file informal comments by electronic mail. You should address informal
comments to mayday@fcc.gov''. You must put the docket number of this
proceeding (``PR Docket No. 92-257'') on the subject line. You must
also include your full name and Postal Service mailing address in the
text of the message. Formal and informal comments and reply comments
will be available for public inspection during regular business hours
in the FCC Reference Center of the Federal Communications Commission,
Room 239, 1919 M Street, N.W., Washington, D.C. 20554.
List of Subjects in 47 CFR Part 80
Communications equipment, Radio, Vessels.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
47 CFR Part 80 is proposed to be amended as follows:
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 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 80.25(b) is revised to read as follows:
Sec. 80.25 License term.
* * * * *
(b) Licenses other than ship stations in the maritime services will
normally be issued for a term of ten years from the date of original
issuance, major modification, or renewal.
* * * * *
3. Section 80.49 is revised to read as follows:
Sec. 80.49 Construction and regional service requirements.
(a) Public coast stations. Each VHF public coast station licensee
must demonstrate that it is providing substantial service within its
region or service area (subpart P) within ten years of the initial
license grant. For LF, MF, and HF band and AMTS public coast station
licensees, when a new license has been issued or additional operating
frequencies have been authorized, if the station or frequencies
authorized have not been placed in operation within twelve months from
the date of the grant, the authorization becomes invalid and must be
returned to the Commission for cancellation.
(b) Public fixed stations. When a new license has been issued or
additional operating frequencies have been authorized, if the station
or frequencies authorized have not been placed in operation within
twelve months from the date of the grant, the authorization becomes
invalid and must be returned to the Commission for cancellation.
4. Section 80.215(h)(5) is revised to read as follows:
Sec. 80.215 Transmitter power.
* * * * *
(h) * * *
(5) The transmitter power, as measured at the input terminals to
the station antenna, must be 50 watts or less.
* * * * *
5. Section 80.303(b) is revised to read as follows:
Sec. 80.303 Watch on 156.800 MHz (Channel 16).
* * * * *
(b) A coast station is exempt, by rule, from compliance with the
watch requirement when Federal, State, or Local Government stations
maintain a watch on 156.800 MHz over 95% of the coast station's service
area. Each licensee exempted by rule must notify the appropriate Coast
Guard District office at least thirty days prior to discontinuing the
watch, or in the case of new stations, at least thirty days prior to
commencing service.
* * * * *
6. Section 80.357(b)(2)(ii) introductory text is revised to read as
follows:
Sec. 80.357 Morse code working frequencies.
* * * * *
(b) * * *
(2) * * *
(ii) Frequencies above 5 MHz may be assigned primarily to stations
serving the high seas and secondarily to stations serving inland waters
of the United States, including the Great Lakes, under the condition
that interfrence will not be caused to any coast station serving the
high seas.
* * * * *
Sec. 80.361 [Amended]
7. Section 80.361 is amended by redesignating paragraph (a)(1) as
paragraph (a) and removing paragraph (a)(2).
[[Page 37537]]
8. Section 80.371 is amended by removing paragraph (b)(4) and
revising paragraph (c) introductory text to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) Working frequencies in the marine VHF 156-162 MHz band. The
frequency pairs listed below are available for assignment to a single
licensee in each of the following ten regions: the First, Fifth,
Seventh, Eighth, Ninth, Eleventh, Thirteenth, Fourteenth, and
Seventeenth United States Coast Guard Districts, as they are defined in
33 CFR part 3. Each regional licensee may place stations anywhere
within its region so long as it provides protection to co-channel
incumbent licensees, as defined in subpart P. For purposes of this
section, co-channel incumbent licensees include public coast stations
and Industrial and Land Transportation stations authorized under part
90 of this chapter on a primary basis. Each regional licensee may also
operate on offset frequencies in areas where the regional licensee is
authorized on both frequencies adjacent to the offset frequency.
Regional licensees that share a common border may either distribute the
available frequencies upon mutual agreement or request that the
Commission assign frequencies along the common border. Operation along
international borders is subject to coordination with foreign
administrations.
* * * * *
Sec. 80.374 [Amended]
9. Section 80.374 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as paragraphs (a) and (b).
10. Section 80.481 is added to read as follows:
Sec. 80.481 Alternative technical parameters for AMTS transmitters.
In lieu of the technical parameters set forth in this part, AMTS
transmitters may utilize any modulation or channelization scheme so
long as emissions are attenuated, in accordance with 47 CFR 80.211, at
the band edges of each station's assigned channel group or groups.
[FR Doc. 97-18292 Filed 7-11-97; 8:45 am]
BILLING CODE 6712-01-P
