*Pages 1--4 from Microsoft Word - 43521.doc* Federal Communications Commission DA 04- 3408 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Part 80 of the Commission’s Rules Concerning Use of Frequency 156.575 MHz for Port Operations Communications in Puget Sound ) ) ) ) ) ORDER Adopted: October 26, 2004 Released: October 28, 2004 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: 1. By this Order, pursuant to delegated authority, we amend Section 80.373( f) of the Commission’s Rules 1 to make VHF marine Channel 71 (156.575 MHz) available for intership port operations communications in Puget Sound, the Straits of Juan de Fuca, and the approaches thereto. This amendment will allow the vessel traffic in Puget Sound to be managed more efficiently and will protect the marine environment by preventing vessel collisions and groundings. 2. Background. In 2000, the Commission amended Section 0. 331 2 of its Rules to delegate authority to the Wireless Telecommunications Bureau (Bureau) to designate, by footnote to the frequency table in Section 80.373( f), frequencies available for intership port operations communications 3 in defined port areas. 4 In that Report and Order, the Commission indicated that it was authorizing the Bureau to act on requests from the United States Coast Guard (Coast Guard) to make frequencies available for intership communications related to port operations in order to alleviate communications congestion related to such port operations. 5 3. On March 12, 2004, the Coast Guard submitted a request to the Bureau’s Public Safety and Critical Infrastructure Division recommending that VHF marine Channel 71 be authorized for use by the Puget Sound Pilots for intership port operations communications at a normal power of one watt (exceptionally ten watts) in Puget Sound, the Straits of Juan de Fuca, and the approaches thereto. 6 Enclosed was a letter from the Puget Sound Pilots asking the Coast Guard to request that the Commission designate VHF marine Channel 71 as a port operations channel in the area under the jurisdiction of the Captain of the 1 47 C. F. R. § 80. 373( f). 2 47 C. F. R. § 0.331. 3 Port operations communications are communications in or near a port, in locks or in waterways between coast stations and ship stations or between ship stations, which relate to the operational handling, movement and safety of ships and in emergency to the safety of persons. 47 C. F. R. § 80. 5. 4 See Amendment of Parts 0, 80, and 90 of the Commission's Rules to Make the Frequency 156.250 MHz Available for Port Operations Purposes in Los Angeles and Long Beach, CA Ports, Report and Order, WT Docket No. 99- 332, 15 FCC Rcd 11302 (2000). 5 Id. at 11304- 05 ¶¶ 8- 10. 6 See Letter dated March 12, 2004, from J. D. Hersey, Jr., Chief, Spectrum Management Division, U. S. Coast Guard to D’wana R. Terry, Chief, Public Safety and Critical Infrastructure Division (Coast Guard Letter). 1 Federal Communications Commission DA 04- 3408 2 Port Puget Sound, with its use limited to intership communications with pilots regarding the movement and docking of ships at a normal power of one watt. 7 The Coast Guard also enclosed letters from the North Pacific Marine Radio Council (NPMRC), 8 the Puget Sound Harbor Safety and Security Committee (PSHSSC), 9 the Recreational Boating Association of Washington (RBAW), 10 and the Captain of the Port Puget Sound, 11 all concurring with the request. 4. Discussion. We agree with the Coast Guard that the proposed designation will enhance maritime safety in this busy waterway. 12 In this type of environment, harbor pilots rely upon clear and effective radio communications with tugs to help ensure the safe ingress and egress of large vessels. 13 The parties assert that there is a critical need for an additional VHF channel for communications between large commercial vessels, tankers and other vessels carrying hazardous cargoes, and pilots and tugs in the Vessel Traffic Service Puget Sound (VTS Puget Sound). 14 They note that the only frequency dedicated to intership communications related to port operations, VHF marine Channel 77 (156. 875 MHz), 15 is frequently congested. 16 Congestion is intensified by the Canadian use of this channel for ship movement and docking at Delta Port, British Columbia, near the northern border of VTS Puget Sound. 17 5. The parties submit that VHF marine Channel 71, which currently is designated for noncommercial intership and ship- to- coast use, 18 is a good candidate for a port operations channel because it carries very little recreational traffic, even during the summer months. 19 RBAW agrees that 7 Letter dated Feb. 1, 2004 from Captain William A. Bock, Puget Sound Pilots, to Commandant, United States Coast Guard (Puget Sound Pilots Letter). 8 Letter dated Feb. 1, 2004 from George B. Hall, President, North Pacific Marine Radio Council, to Commandant, United States Coast Guard (NPMRC Letter). NPRMC is the recognized frequency coordinator for VHF private coast stations in the Puget Sound area. See 47 C. F. R. § 80.514( b). 9 Letter dated Feb. 1, 2004 from Bruce Reed, Chairman, Puget Sound Harbor Safety and Security Committee, to Commandant, United States Coast Guard (PSHSSC Letter). PSHSSC is a committee of public and private members involved in the efficient use of the Puget Sound and adjacent waters. Id. 10 Letter dated Feb. 1, 2004 from B. J. Ursin, President, Recreational Boating Association of Washington, to Commandant, United States Coast Guard (RBAW Letter). RBAW represents the interests of recreational boaters on legislative and regulatory matters affecting the quality, safety, and cost of boating in the Northwest. Id. 11 Letter dated Feb. 1, 2004 from Captain D. Ellis, United States Coast Guard, to George Hall, North Pacific Marine Radio Council (Ellis Letter). 12 See Coast Guard Letter at 1. 13 See Puget Sound Pilots Letter at 1. 14 See Puget Sound Pilots Letter at 1- 2; NPMRC Letter at 1; Ellis Letter at 1. 15 See 47 C. F. R. § 80.373( f). 16 See Puget Sound Pilots Letter at 1; NPMRC Letter at 1; PSHSSC Letter at 1; RBAW Letter at 1; Ellis Letter at 1. 17 See Puget Sound Pilots Letter at 1. 18 See 47 C. F. R. § 80.373( f). Noncommercial communications are communication between coast stations and ship stations other than commercial transport ships, or between ship stations aboard other than commercial transport ships, which pertain to the needs of the ship. 19 See Puget Sound Pilots Letter at 1; NPMRC Letter at 1. 2 Federal Communications Commission DA 04- 3408 3 recreational vessels have sufficient other channels to meet their VHF communication needs. 20 6. Based on the foregoing, we hereby amend the frequency table in Section 80.373( f) to make VHF marine Channel 71 available for intership port operations communications in Puget Sound, the Straits of Juan de Fuca, and the approaches thereto. The normal output power must not exceed one watt, and the maximum output power must not exceed ten watts. This action will allow more efficient management of vessel traffic in the area, thereby increasing navigational safety and protecting the marine environment in this busy port. 7. We will permit private coast stations currently authorized to operate on VHF marine Channel 71 within VTS Puget Sound 21 to continue operation until the end of their current license term on a non- interference basis. NPMRC has contacted the owners of these stations, and they have agreed to change to another appropriate frequency. 22 Bureau staff will assist affected licensees in finding suitable alternative channels. No fee will be charged for affected stations that request an alternative channel before their next license renewals. 8. Finally, Puget Sound Pilots also request that VHF marine Channel 76 (156.825 MHz), which recently was designated for port operations communications, 23 be limited to intership communications with pilots regarding the movement and docking of ships. 24 The Coast Guard, however, did not support this request. 25 We agree with the Coast Guard and do not believe that it is necessary to so limit the use of Channel 76. We believe that in redesignating Channels 75 (156.775 MHz) and 76, the Commission (which acted after Puget Sound Pilots submitted their request to the Coast Guard) addressed the needs for additional spectrum for navigation- related port operation communications. Therefore, we will not amend our rules to limit such communications. 9. Ordering Clause. Accordingly, IT IS ORDERED, that pursuant to the authority contained in Sections 4( i) and 303( r) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 303( r), and Section 0.331 of the Commission’s Rules, 47 C. F. R. § 0.331, Part 80 of the Commission's Rules IS AMENDED as set forth in Appendix A, effective thirty days after publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm, Chief Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau 20 RBAW Letter at 1. 21 Stations WHX629, WQB474, and WQZ422. 22 NPMRC Letter at 1. 23 See Amendment of Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications, Second Report and Order, Sixth Report and Order, and Second Further Notice of Proposed Rule Making, WT Docket No. 00- 48, PR Docket No. 92- 257, 19 FCC Rcd 3120, 3134 ¶ 25 (2004). 24 See Puget Sound Pilots Letter at 2. 25 See Coast Guard Letter at 1. 3 Federal Communications Commission DA 04- 3408 4 APPENDIX A Title 47 of the Code of Federal Regulations, 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, 307 (e), 309 and 322, 48 Stat. 1066, 1082, as amended; 47 U. S. C. 154, 303, 307 (e), 309 and 322 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 80.373 is amended by adding new footnote 19 to the table in paragraph (f) to read as follows: § 80.373 Private communications frequencies. * * * * * (f) Frequencies in the 156- 162 MHz band. * * * Frequencies in the 156- 162 MHz band Carrier frequency (MHz) Channel designator Ship transmit Coast transmit Points of communication (Intership and between coast and ship unless otherwise indicated) * * * Noncommercial * * * 69................................ 71 \19\......................... 72................................ * * * * * * 156.475 156.575 156.625 * * * * * * 156.475 156.575 ........ * * * * * * Intership only. * * * * * * \19\ 156.575 MHz is available for port operations communications use only within the U. S. Coast Guard designated VTS radio protection area of Seattle (Puget Sound) described in § 80.383. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts. * * * * * 4