Subject: [NEXTEL-1] FCC SEEKS COMMENT ON MARITEL, INC. PETITION FOR DECLARATORY RULING AND NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION PETITION FOR RULEMAKING REGARDING THE USE OF MARITIME VHF CHANNELS 87B AND 88B

From: [email-masked]
Date: Mon, 10 Nov 2003 15:34:25 -0500

DA 03-3585
Released:  November 7, 2003
WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON
MARITEL, INC. PETITION FOR DECLARATORY RULING AND NATIONAL
TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION PETITION FOR
RULEMAKING REGARDING THE USE OF MARITIME VHF CHANNELS 87B AND 88B

Comment Date:  December 1, 2003    Reply Date:  December 11, 2003
On October 15, 2003, MariTEL, Inc. (Maritel) filed an emergency petition
for declaratory ruling regarding the use of VHF maritime Channels 87B
(161.975 MHz) and 88B (162.025 MHz).   Specifically, Maritel seeks a
ruling that shipborne Automatic Identification System (AIS)
transmitters may not operate on channels 87B and 88B or any other
channel designated for use by VHF public coast (VPC) shore stations.
Maritel requests a ruling that AIS use of these channels by ship
stations would violate Section 80.371(c) of the Commission’s Rules, 47
C.F.R. § 80.371(c).  It states this ruling is necessary to remove any
uncertainty regarding the use of those channels caused by the previous
release of two public notices regarding the use of the channels and the
certification of AIS transceivers.  It states that shipborne
transmission of AIS messages on these channels will cause destructive
interference to Maritel’s and incumbent licensees’ operations.

On October 24, 2003, the National Telecommunications and Information
Administration (NTIA), an executive branch agency within the Department
of Commerce, filed a petition for rulemaking urging the Commission to
work with the 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.   Specifically, NTIA proposes that the
Commission delete note US223 to the Table of Allocations, 47 C.F.R. §
2.106 n.US223, and replace it with a new footnote allocating Channels
87B and 88B exclusively for AIS use; and amend Section 80.371(c)(3) of
its Rules, 47 C.F.R. § 80.371(c)(3), regarding what channels VPC
licensees must make available for AIS use.  NTIA argues that these
channels are necessary in the United States for AIS operations essential
for maritime safety and homeland security.

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.  Channels 87B and 88B
are allocated internationally for AIS use pursuant to the World Radio
Conference of 1997 (WRC-97), 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 required VPC geographic licensees in maritime areas
to negotiate with the U.S. Coast Guard (Coast Guard) regarding what
channels to select for 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.
Maritel was the high bidder for each VPC geographic license in maritime
areas, and the licenses were awarded in 1999.  In 2001, the Coast Guard
and Maritel agreed to designate frequencies 157.375 and 161.975 MHz for
AIS use.  In 2002, NTIA approved the use of Channel 88B for AIS.
Consequently, the Commission’s Wireless Telecommunications Bureau and
Office of Engineering and Technology released public notices announcing
that ship station AIS operations on Channels 87 and 88 would be deemed
to be authorized under existing ship licenses, and announcing procedures
for certification of AIS equipment.   In 2003, however, Maritel
terminated the agreement with the Coast Guard.
Interested parties may file comments on the Maritel petition and/or the
NTIA petition on or before December 1, 2003.  Parties interested in
submitting reply comments must do so on or before December 11, 2003.

All comments should reference the subject request including the DA
number of this Public Notice and the RM number of the NTIA petition
(RM-10821), 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 12th 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 and NTIA petitions, 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 12th 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 12th 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-

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3585A1.doc

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark
Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada.
http://www.c1tracking.com/l.asp?cid=5511
http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/61FxlB/TM
---------------------------------------------------------------------~->

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/