Subject: [NEXTEL-1] WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON MARITEL, INC. PROPOSAL TO SERVE AS AUTOMATIC IDENTIFICATION SYSTEM (AIS) FREQUENCY COORDINATOR

From: [email-masked]
Date: Wed, 19 Nov 2003 15:38:17 -0500

DA 03-3669
Released:  November 19, 2003

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON MARITEL, INC. PROPOSAL TO
SERVE AS AUTOMATIC IDENTIFICATION SYSTEM (AIS) FREQUENCY COORDINATOR

Comment Date:  December 12, 2003 Reply Comment Date:  December 22, 2003

 On November 7, 2003, MariTEL, Inc. (Maritel) submitted a proposal to the
Commission to serve as the Automatic Identification System (AIS)  frequency
coordinator.   Maritel states that its proposed plan would satisfy its
requirements under Section 80.371 of the Commission’s Rules to provide the
United States Coast Guard (Coast Guard) access to spectrum for AIS use.

 By way of background, the International Maritime Organization Maritime Safety
Committee approved carriage requirements for shipborne AIS equipment to be
phased in beginning July 1, 2002.  Maritime VHF channels 87B (161.975 MHz) and
88B (162.025 MHz) are allocated internationally for AIS use pursuant to the 1997
World Radiocommunication Conference, but Administrations may use other channels
if Channels 87B or 88B are not available.  In 1998, the Commission declined to
designate specific frequencies for AIS use in the United States.  Instead, it
directed that each licensee of VHF Public Coast Service Areas 1-9 must negotiate
with the Coast Guard regarding the designation of two narrowband channel pairs
for domestic AIS use.   The Commission also provided that it would revisit the
issue and select the channels if good faith negotiations did not yield an
agreement.  In 2001, Maritel, as the licensee of VHF Public Coast Service Areas
1-9, and the Coast Guard agreed to designate maritime VHF channels 87A/B
(157.375 MHz/161.975 MHz) for AIS use.  They accordingly executed a Memorandum
of Agreement (MOA) to that end.  In 2002, after the National Telecommunications
and Information Administration (NTIA) authorized the Coast Guard to use Channel
88B for AIS, the Commission’s Wireless Telecommunications Bureau and Office of
Engineering and Technology released public notices announcing that ship station
AIS operations on maritime VHF channels 87 and 88 would be deemed to be
authorized under existing ship licenses, and establishing the procedures for
certification of AIS equipment.   In 2003, however, Maritel terminated the MOA.
Subsequently, Maritel filed an emergency petition for declaratory ruling that
shipborne AIS transmitters may not operate on channels 87B and 88B or any other
channel designated for use by VHF public coast stations, and NTIA filed a
petition for rulemaking urging the Commission to work with NTIA to allocate
channels 87B and 88B exclusively for AIS use by both Federal Government and
non-Federal Government users on a shared basis nationwide.

 Maritel now proposes that the controversy surrounding use of channels 87B and
88B be resolved by designating Maritel as the AIS frequency coordinator.  Under
this proposal, in lieu of providing narrowband channel pairs to the Coast Guard
pursuant to Section 80.371(c)(3) of the Commission’s Rules, Maritel would
accommodate the NTIA’s request for nationwide use of channel 87B for AIS in a
wideband simplex mode while remaining the licensee of the channel, “charged with
administration of the channel for the benefit of the Coast Guard and
mariners.”   As the exclusive AIS frequency coordinator, Maritel says, it would
process Maritime Mobile Service Identity (MMSI) applications and maintain a
database of all AIS transponders on vessels, irrespective of whether the
vessels’ carriage of the transponder is mandatory or voluntary, including
foreign flag vessels required to carry AIS equipment under the International
Convention for the Safety of Life at Sea (SOLAS Convention).  As part of this
function, Maritel would, among other things, provide annual reports of AIS
deployment to the Commission and the Coast Guard, and maintain an Internet site
with information on the location of ports and waterways requiring AIS
transponders.  Maritel also proposes to process MMSI applications for all shore
stations and aids-to-navigation.  Maritel adds that, for an additional fee, it
would provide AIS Information Services, including vessel location services
derived from real-time data, to vessel operators, port and harbor authorities,
and state and local governments.  Maritel also sets forth what it anticipates to
be the initial fee schedule for its AIS frequency coordination services.

 In conclusion, Maritel pledges to agree to the dedication of channels 87B and
88B for nationwide AIS use, subject to the following conditions:  (a) the
Commission will designate Maritel as the exclusive AIS frequency coordinator;
(b) the Commission will eliminate Maritel’s coast station coverage requirements
because of its consequent inability to provide services where there are simplex
AIS operations on channels 87B and 88B; (c) the Coast Guard will provide Maritel
with real-time access to AIS data to provision information and vessel location
services to both private and non-federal government entities; and (d) the
Commission will promulgate rules clarifying the land/water line of demarcation
where channels 87B and 88B need not be reserved for AIS operations.

Interested parties may file comments on the Maritel proposal on or before
December 12, 2003.  Parties interested in submitting reply comments must do so
on or before December 22, 2003.  All comments should reference the subject
request including the DA number of this Public Notice, and should be filed with
the Office of the Secretary, Federal Communications Commission, 445 Twelfth
Street, S.W., TW-325, Washington, D.C. 20554.   A copy of each filing also
should be sent to 1) Qualex International, Inc., Portals II, 445 Twelfth Street,
S.W., Room CY-B402, Washington, D.C. 20554; 2) Maria Ringold, Federal
Communications Commission, Consumer and Governmental Affairs Bureau, Reference
Information Center (RIC), 445 Twelfth Street, S.W., Room CY-B529, Washington,
D.C. 20554; 3) Tim Maguire, Federal Communications Commission, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division, 445
Twelfth Street, S.W., Room 4-C342, Washington, D.C. 20554; and 4) Jeffrey
Tobias, Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, 445 Twelfth Street, S.W., Room
2-C828, Washington, D.C. 20554.
The Maritel Letter and responsive comments and reply comments will be available
for inspection and duplication during regular business hours in the Reference
Information Center (RIC) of the Consumer Information Bureau (CIB), Federal
Communications Commission, 445 Twelfth Street, S.W., Room CY-A257, Washington,
D.C. 20554.  Copies may also be obtained from the Commission’s duplicating
contractor, Qualex International, Inc., Portals II, 445 Twelfth Street, S.W.,
Room CY-B402, Washington, D.C. 20554, (202) 863-2893, facsimile (202) 863-2898,
or via e-mail [email-masked].  For further information regarding the public
reference file for this request, contact Maria Ringold, Chief, Wireless Branch,
RIC, (202) 418-1355.

Because of the policy implications and potential impact of this proceeding on
persons not parties to this request, we believe it would be in the public
interest to treat this matter as a permit-but-disclose proceeding under the ex
parte rules, see Sections 1.1200(a) and 1.1206 of the Commission’s Rules, 47
C.F.R. §§ 1.1200(a), 1.1206, rather than a restricted proceeding under Section
1.1208 of the Commission’s Rules, 47 C.F.R. § 1.1208.  Therefore, any ex parte
presentations that are made with respect to the issues involved in the subject
request, subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission’s Rules, 47 C.F.R. § 1.1206(b).
For further information, contact Tim Maguire or Jeffrey Tobias of the Public
Safety and Private Wireless Division of the Wireless Telecommunications Bureau
at (202) 418-0680, TTY (202) 418-7233 or via email to [email-masked] or
[email-masked].

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.
-FCC-

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