Subject: [NEXTEL-1] FCC- SEEKS COMMENT ON MARITEL, INC. PROPOSAL FOR SHARED USE OF MARITIME VHF CHANNELS 87B AND 88B FOR AUTOMATIC IDENTIFICATION SYSTEMS

From: [email-masked]
Date: Fri, 13 Feb 2004 19:09:00 -0500

DA 04-378
Released:  February 13, 2004

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON MARITEL, INC. PROPOSAL FOR
SHARED USE OF MARITIME VHF CHANNELS 87B AND 88B FOR AUTOMATIC IDENTIFICATION
SYSTEMS

Comment Date:  February 27, 2004 Reply Comment Date:  March 5, 2004

 In a Public Notice released on November 7, 2003, the Wireless
Telecommunications Bureau (Bureau) solicited comment on petitions filed by
MariTEL, Inc. (Maritel) and the National Telecommunications and Information
Administration (NTIA), respectively, concerning the use of VHF maritime Channels
87B (161.975 MHz) and 88B (162.025 MHz) for Automatic Identification Systems
(AIS).   The Maritel and NTIA petitions advocate conflicting proposals.
Generally, Maritel seeks a declaratory ruling that AIS transmitters may not
operate on channels 87B and 88B, while NTIA proposes that the Commission
allocate Channels 87B and 88B exclusively for AIS use.  On February 9, 2004,
Maritel submitted to the Commission a new proposal that it believes can serve as
a foundation for a consensus approach.   Specifically, Maritel proposes to
support the NTIA request, provided that Maritel is permitted to share the
channels.   This Public Notice seeks comment on the Maritel Sharing Proposal.

 By way of background, Channels 87B and 88B are allocated internationally for
AIS use, but Administrations may use other channels if Channels 87B or 88B are
not available.  In 1998, the Commission 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, the
licensee of VHF Public Coast Service Areas 1-9, executed a Memorandum of
Agreement (MOA) with the Coast Guard designating maritime VHF channels 87A/B for
AIS use.  In 2003, however, Maritel terminated the MOA.  Maritel and NTIA
subsequently filed the petitions described above.

 Maritel now states that it supports the NTIA request for the reallocation of
Channels 87B and 88B for exclusive AIS use, contingent on adoption of its
sharing proposal, and that it would not seek payment from either the Coast Guard
or ship station licensees as a prerequisite to allowing them to use spectrum
licensed to Maritel for AIS.   In return, the NTIA would authorize the use of
Channel 88B by only the Coast Guard, Maritel, and ship stations for AIS.  Under
the Maritel Sharing Proposal, the Coast Guard would use the two channels for
shore station operations to support Vessel Traffic Systems (VTS) and
surveillance applications for homeland security that are consistent with the
Maritime Transportation Security Act of 2002,  but its use of the channels would
be confined to those purposes.   Maritel would have the right to use the two
channels in all maritime areas for shore station operations to support non-Coast
Guard AIS applications.   According to Maritel, the proposed sharing can be
accomplished using channel loading and time slot allocation, and could be
implemented in such a way that Coast Guard and ship station use of the channels
for safety and homeland security communications would always have priority over
communications not related to maritime safety or homeland security.
Maritel further proposes that the Commission adopt regulations precluding
reception and use of AIS transmissions except by Maritel, the Coast Guard, and
ship stations.   Maritel states that regulations of such a nature would be
consistent with Section 705 of the Communications Act of 1934, as amended.
The Maritel Sharing Proposal also contemplates modifications of the Commission’s
rules governing authorization of AIS devices in order to prevent AIS operations
on Channels 87B and 88B from causing interference to adjacent VHF public coast
station channels.   Maritel specifically requests that the Commission adopt a
new methodology for determining whether AIS devices adhere to the emissions mask
for limitations, and establish rules to ensure that 25 kHz simplex operations,
as contemplated for AIS on Channels 87B and 88B, do not cause interference to
adjacent duplex maritime channels.   It also requests that the Commission
suspend its current AIS equipment type acceptance process.

Interested parties may file comments on the Maritel Sharing Proposal on or
before February 27, 2004.  Parties interested in submitting reply comments must
do so on or before March 5, 2004.  All comments should reference the subject
request including the DA number of this Public Notice, and the RM number of the
NTIA petition (RM-10321), 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 4-A366, Washington, D.C.
20554.

The Maritel Sharing Proposal 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. The Maritel Sharing Proposal also is accessible in the
Commission’s Electronic Comment Filing System (ECFS) under RM-10821.  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 Critical Infrastructure 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 Critical Infrastructure Division, Wireless
Telecommunications Bureau.
-FCC-

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-378A1.doc

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