[Federal Register: August 10, 2004 (Volume 69, Number 153)]
[Proposed Rules]
[Page 48440-48443]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au04-32]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20 and 80
[WT Docket No. 04-257; RM-10743; FCC 04-171]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission addresses petitions for
rulemaking that were filed by Maritel, Inc. (Maritel), a VHF public
coast (VPC) station licensee, on May 16, 2003, and Mobex Network
Services, LLC (Mobex), an automated maritime telecommunications system
(AMTS) station licensee, on June 13, 2003. Both petitions seek
additional flexibility for public coast station licensees. The
Commission proposes to amend its rules to permit VPC and AMTS licensees
to provide private mobile radio service to units on land. The proposed
rule changes further the Commission's ongoing goal of establishing a
regulatory framework that will enhance operational flexibility and
enable maritime spectrum licensees to compete more effectively against
other commercial mobile radio service
[[Page 48441]]
(CMRS) providers. The Commission tentatively concludes that the actions
proposed herein will not adversely affect the essential purpose of the
Maritime Services to promote safety of life and property at sea and on
inland waterways. At the same time, the Commission tentatively
concludes that Maritel's suggested broader rule changes, which would
permit VPC licensees essentially to choose whether or not to comply
with various regulatory obligations pertaining to the Maritime
Services, are not in the public interest.
DATES: Written comments are due on or before October 12, 2004, and
reply comments are due on or before November 8, 2004.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), WT Docket No. 04-257, FCC 04-171,
adopted on July 8, 2004, and released on July 30, 2004. The full text
of this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: http://www.fcc.gov. Alternative formats are available
to persons with disabilities by contacting Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at bmillin@fcc.gov.
1. In the NPRM, the Commission tentatively agrees that prohibiting
VPC and AMTS licensees from providing private correspondence to mobile
units on land appears to conflict with the Commission's goal of
providing CMRS licensees with optimal operational flexibility in
utilizing their authorized spectrum. Accordingly, the Commission
proposes to permit VPC and AMTS licensees to provide private land
mobile radio service to units on land by deleting the reference
``public correspondence'' in 47 CFR 80.123, and removing the discussion
of ``ships'' in 47 CFR 80.475(c). The Commission also proposes to amend
47 CFR 20.9 to give AMTS geographic licensees the same flexibility as
VPC geographic area licensees to choose between offering commercial and
private services. The Commission seeks comment on these tentative
conclusions. The Commission also seeks comment on how VPC and AMTS
stations can technically and practically serve both maritime and land
mobile interests in areas near navigable waterways, especially in the
VPC service, where maritime and mobile users may utilize different
equipment. In addition, the Commission seeks comment on how these
providers can ensure that priority would always be given to maritime
communications.
2. The Commission also tentatively agrees that AMTS stations
providing private correspondence service should not be required to be
interconnected to the public switched network. Consequently, the
Commission proposes to retain the interconnection requirement for AMTS
licensees providing public correspondence service, but to amend 47 CFR
80.475 to provide that such licensees may also provide non-
interconnected service, and that AMTS licensees providing only private
mobile radio service need not be interconnected. In this regard, the
Commission also proposes to revise 47 CFR 80.5 to remove
``interconnected'' as a required characteristic of all AMTS operations.
3. The Commission declines to propose other rule changes requested
by Maritel that would permit VPC geographic area licensees to choose
whether to provide maritime public correspondence services; and to have
VPC licensees governed by the rules and decisions applicable to the
particular type of service they elect to provide, and not necessarily
the rules governing the Maritime Services. The Commission is concerned
that the rule changes requested by Maritel would undermine the core
purpose of the Maritime Services--providing for the unique distress,
operational, and personal communications needs of vessels at sea and on
inland waterways.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
4. This is a permit-but-disclose 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.
B. Paperwork Reduction Act of 1995
5. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Pub. L. 104-13. In addition, therefore, it does not contain any new or
modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Pub. L. 107-193, see 44 U.S.C.
3506(c)(4).
C. Comments
6. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before October 12, 2004 and reply comments on or before November 8,
2004. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies.
7. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and
should include the following words in the body of the message, ``get
form .'' A sample form and directions will be sent
in reply. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appears in the caption of this proceeding, commenters must
submit two additional copies for each additional docket or rulemaking
number. All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th St., SW., Washington, DC 20554. Filings can be
sent first class by the U.S. Postal Service, by an overnight courier or
hand and message-delivered. Hand and message-delivered paper filings
must be delivered to 236 Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. Filings delivered by overnight courier (other
than U.S. Postal Service Express Mail and Priority Mail) must be sent
to 9300 East Hampton Drive, Capitol Heights, MD 20743.
8. Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to: Jeffrey
Tobias, Wireless Telecommunications Bureau, 445 12th St., SW., Room 3-
A432, Washington, DC 20554. Such a submission should be
[[Page 48442]]
on a 3.5 inch diskette formatted in an IBM compatible format using
Microsoft Word or compatible software. The diskette should be
accompanied by a cover letter and should be submitted in ``read only''
mode. The diskette should be clearly labeled with the commenter's name,
proceeding (including the lead docket number in this case, WT Docket
No. 04-257), type of pleading (comment or reply comment), date of
submission, and the name of the electronic file on the diskette. The
label should also include the following phrase ``Disk Copy--Not an
Original.'' Each diskette should contain only one party's pleadings,
preferably in a single electronic file. In addition, commenters should
send diskette copies to the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th St., SW., Room CY-B402, Washington, DC 20054.
II. Initial Regulatory Flexibility Analysis
9. As required by the RFA, the Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA) of the rules proposed or
discussed in the NPRM. Written public comments are requested on the
IRFA. These comments must be filed in accordance with the same filing
deadlines for comments on the NPRM in WT Docket No. 04-257, and they
should have a separate and distinct heading designating them as
responses to the IRFA. The Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, will send a copy of the
NPRM, including the IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration, in accordance with the Regulatory
Flexibility Act.
A. Need for, and Objectives of, the Proposed Rules
10. In the NPRM, the Commission seeks comment on whether it is in
the public interest, convenience, and necessity to provide VHF public
coast stations and AMTS stations with the additional flexibility to
offer non-interconnected private communications to units on land.
B. Legal Basis for Proposed Rules
11. The proposed action is authorized under sections 4(i), 7(a),
302, 303(b), 303(f), 303(g), 303(r), 332(a) and 332(c) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a) 302,
303(b), 303(f), 303(g), 303(r), 332(a) and 332(c).
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
12. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (i) Is independently owned
and operated; (ii) is not dominant in its field of operation; and (iii)
satisfies any additional criteria established by the Small Business
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 1992, there were
approximately 275,801 small organizations. ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a population of less than 50,000.'' As of 1992, there were
approximately 85,006 governmental entities in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or 96%, have populations of fewer than 50,000. The Census Bureau
estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the 85,006 governmental entities, we
estimate that 81,600 (96%) are small entities. Below, we further
describe and estimate the number of small entity licensees and
regulatees that may be affected by adoption of rules discussed in the
NPRM.
13. The proposed rules would affect licensees using AMTS and VHF
public coast spectrum. In the Third Report and Order in PR Docket No.
92-257, the Commission defined the term ``small entity'' specifically
applicable to public coast station licensees as any entity employing
less than 1,500 persons, based on the definition under the Small
Business Administration rules applicable to radiotelephone service
providers. See Amendment of the Commission's Rules Concerning Maritime
Communications, Third Report and Order and Memorandum Opinion and
Order, PR Docket No. 92-257, 13 FCC Rcd 19853, 19893 (1998) (citing 13
CFR 121.201, Standard Industrial Classification (SIC) Code 4812, now
NAICS Code 513322). Since the size data provided by the Small Business
Administration do not enable us to make a meaningful estimate of the
number of public coast station licensees that are small businesses, we
have used the 1992 Census of Transportation, Communications, and
Utilities, conducted by the Bureau of the Census, which is the most
recent information available. This document shows that 12
radiotelephone firms out of a total of 1,178 such firms which operated
in 1992 had 1,000 or more employees. There are three AMTS public coast
station licensees and approximately thirty-five VPC licensees. It is
unlikely that more than seven more AMTS or five more VPC licensees will
be authorized in the future. Therefore, we estimate that no fewer than
fifty small entities will be affected.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
14. The NPRM neither proposes nor anticipates any additional
reporting, recordkeeping or other compliance measures.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
15. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (i) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (ii) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(iii) the use of performance, rather than design standards; and (iv) an
exemption from coverage of the rule, or any part thereof, for small
entities.
16. The NPRM solicits comment on a variety of alternatives set
forth herein. For example, the Commission seeks comment on its proposal
to reduce the regulatory burden for all entities, including small
entities, by eliminating the current requirement that part 80 public
coast licensees provide interconnected service to land units. It also
seeks comment on the proposal of Maritel, Inc. that licensees elect to
provide either Commercial Mobile Radio Service or Private Mobile Radio
Service and then be regulated by the Commission rules that govern that
service.
[[Page 48443]]
F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
III. Ordering Clauses
17. This Notice of Proposed Rule Making 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), 302, 303(b), 303(f), 303(g), 303(r), 307(e),
332(a), and 332(c).
18. The proposed regulatory changes described in the Notice of
Proposed Rule Making are contained in rule changes.
19. The petition for rulemaking filed by Maritel, Inc. on May 16,
2003 is granted in part and denied in part, to the extent set forth
herein, and the petition for rulemaking filed by Mobex Network
Services, LLC on June 13, 2003 is granted.
20. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Notice of Proposed Rule
Making, including the Initial Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Parts 20 and 80
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 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: Secs. 4, 10, 251-254, 303, and 332; 47 U.S.C. 154,
160, 251-254, 303, and 332, unless otherwise noted.
2. Section 20.9 is amended by revising paragraphs (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, and automated maritime
telecommunications system (AMTS) geographic area licensees or
applicants, proposing to use any Personal Communications Service, VHF
Public Coast Station, or AMTS spectrum to offer service on a private
mobile radio service basis must overcome the presumption that Personal
Communications Service, VHF Public Coast, and AMTS 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, VHF
Public Coast Station, or AMTS 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, VHF Public Coast
Station, or AMTS 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
1. 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.
2. Section 80.5 is amended by revising the definition of automated
maritime telecommunications system to read as follows:
Sec. 80.5 Definitions.
* * * * *
Automated maritime telecommunications system (AMTS). An automatic,
integrated maritime communications system.
* * * * *
3. Section 80.123 is amended by revising the introductory paragraph
to read as follows:
Sec. 80.123 Service to stations on land.
Marine VHF public coast stations, including AMTS coast stations,
may provide service to stations on land in accordance with the
following:
* * * * *
4. Section 80.475 is amended by revising paragraph (c) and adding a
new paragraph (d) to read as follows:
Sec. 80.475 Scope of service of the Automated Maritime
Telecommunications System (AMTS).
* * * * *
(c) In lieu of public correspondence service, an AMTS system may
provide a private mobile radio service. However, such communications
may be provided only to stations whose licensees make cooperative
arrangements with the AMTS coast station licensees. In emergency and
distress situations, services must be provided to ship stations without
prior arrangements.
(d) AMTS systems providing private mobile radio service in lieu of
public correspondence service are not required to be interconnected to
the public switched network. AMTS systems providing public
correspondence service must be interconnected to the public switched
network, but the licensee may also offer non-interconnected services.
[FR Doc. 04-18258 Filed 8-9-04; 8:45 am]
BILLING CODE 6712-01-P