Federal Communications Commission DA 11-359 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment of the Commission’s Rules Regarding 
Maritime Automatic Identification Systems
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WT Docket No. 04-344
ORDER
Adopted:  February 24, 2011 Released:  February 25, 2011
By the Chief, Wireless Telecommunications Bureau:
1. In this Order, we grant a limited, temporary waiver of the requirement for certain inland 
VHF Public Coast (VPC) Service Area (VPCSA) licensees that are licensed to operate on maritime VHF 
Channel 87B (161.975 MHz).1 Specifically, we grant a limited extension of time, to those inland VPCSA 
licensees that are required to protect incumbent public safety operations on Channels 84 
(157.225/161.825 MHz) or 85 (157.275/161.875 MHz), of the date by which they are required to vacate 
Channel 87B.2
2. In the Second Report and Order in this proceeding, the Commission decided that Channel 
87B should be designated exclusively for Automatic Identification Systems (AIS)3 in the inland 
VPCSAs.4 In conjunction with this determination, the Commission crafted a framework for clearing 
Channel 87B of non-AIS operations in the inland VPCSAs.5 Specifically, it required inland VPCSA 
licensees to cease operation on Channel 87B within two years of the effective date of the new rules (i.e., 
March 2, 20116), but designated additional maritime VHF spectrum – Channel 84 or 85 – for use by the 
  
1 See 47 C.F.R. §§ 2.106 n.US228, 80.371(c)(1)(i) n.3.  Note US228 originally was codified as note US399, but was 
renumbered.  See Amendment of Parts 1, 2, 15, 25, 73, and 90 of the Commission's Rules to Make Non-Substantive 
Editorial Revisions to the Table of Frequency Allocations and to Various Other Rules, Order, 25 FCC Rcd 9712, 
9720 ¶ 16 Table 2 (OET/OMD 2010).
2 See PacifiCorp Petition for Reconsideration (filed Mar. 2, 2009) (Petition).  
3 AIS is defined under the Commission’s Rules as “[a] maritime navigation safety communications system 
standardized by the International Telecommunication Union (ITU) and adopted by the International Maritime 
Organization (IMO) that provides vessel information, including the vessel’s identity, type, position, course, speed, 
navigational status and other safety-related information automatically to appropriately equipped shore stations, other 
ships, and aircraft; receives automatically such information from similarly fitted ships; and exchanges data with 
shore-based facilities.”  47 C.F.R. § 80.5.  It is used to monitor maritime vessel traffic for both navigational safety 
and homeland security purposes.  
4 See Amendment of the Commission’s Rules Regarding Maritime Automatic Identification Systems, Second Report 
and Order, WT Docket No. 04-344, 23 FCC Rcd 13711, 13716 ¶ 8 (2008), erratum, 24 FCC Rcd 3241 (2008) 
(Second Report and Order), recon. pending.  The Commission had previously designated Channel 87B for exclusive 
AIS use in the maritime VPCSAs.  See Amendment of the Commission’s Rules Regarding Maritime Automatic 
Identification Systems, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 04-344 & 
PR Docket No. 92-257, 21 FCC Rcd 8892, 8904 ¶ 18, 8907-08 ¶¶ 23-24 (2006).
5 See Second Report and Order, 23 FCC Rcd at 13722-25 ¶¶ 17-21.
6 See 74 Fed. Reg. 5117 (Jan. 29, 2009).
Federal Communications Commission DA 11-359 
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inland VPCSA licensees as a replacement for Channel 87B.7 Channel 84 or Channel 85, but not both, had 
been set aside in each inland VPCSAs for public safety interoperability.8 In the Second Report and 
Order, the Commission redesignated these two channels for VPC use, but grandfathered existing public 
safety users of the channels for fifteen years.9
3. On our own motion, we grant a limited waiver of the compliance deadline for those 
inland VPCSA licensees that are licensed for areas where they would be required to protect grandfathered 
incumbent public safety users of Channels 84 or 85.10 In the Second Report and Order, the Commission 
indicated that it is balancing three competing goals:  ensuring the expeditious and effective deployment of 
AIS, minimizing any adverse effects on inland VPCSA incumbents stemming from the loss of Channel 
87B, and minimizing any adverse effects on public safety incumbents from the redesignation of Channels 
84 and 85.11 We acknowledge that those VPCSAs operating in areas where Channels 84 or 85 are being 
used actively by public safety incumbents face a hurdle that does not affect those VPCSAs operating 
where Channels 84 or 85 are unencumbered.12 We therefore, on our own motion, grant a six month 
waiver of the March 2, 2011 deadline for those inland VPCSA licensees for which Channels 84 or 85 are 
encumbered by grandfathered public safety incumbents.13 This additional time should allow the affected 
VPCSA licensees to make appropriate arrangements across their networks and ensure a smooth transition 
both in areas where Channels 84 and 85 are immediately available and elsewhere.
4. Accordingly, IT IS ORDERED, pursuant to Section 4 of the Communications Act of 
  
7 See Second Report and Order, 23 FCC Rcd at 13725 ¶ 21.  The inland VPCSA licensees were permitted to remain 
on Channel 87B for up to two years, but were allowed to apply to modify their licenses to replace Channel 87B with 
Channel 84 or 85 at any time within the two-year period.  The Commission stated that at the end of the two-year 
period, it would modify any inland VPCSA licenses that had not yet been modified by the licensee.  Id.  
8 Id. at 13723 ¶ 18.  
9 Id. at 13724 ¶ 20.  There are five grandfathered licensees on Channel 84 and 85 in the inland VPCSAs:  State of 
Wyoming (Stations WQJA319, Cheyenne, KB9153 (mobile-only), WQJA320, Fremont County, WQJA429, Cody-
Spotted Horse, WAJA434, Sheridan, Big Horn, and Washakie Counties, WQJA439, Johnson and Weston Counties, 
WQJA441, Campbell and Crook Counties, WQJA446, Niobrara, Goshen, Lincoln, and Teton Counties, WQJA452, 
Carbon County, WQJA455, Natrona and Converse Counties, and WQJA458, Albany and Platte Counties); County 
of Placer, California (Station WQFE808, Reno, Nevada); Panhandle Regional Planning Commission (Station 
WQGV794, Amarillo, Texas); County of Silverbow, Montana (Station WQKX733, Butte, Montana); and State of 
Montana (Station WQMK540, Big Arm, Montana).  Inland VPCSA licensees must provide at least 10 dB protection 
to their predicted 38 dBu signal level contour in accordance with co-channel interference protection standard in 
Section 80.773(b) of the Commission’s Rules, 47 C.F.R. § 80.773(b).  See Second Report and Order, 23 FCC Rcd at 
13725 n.97.
10 The Commission may waive any provision of its rules on its own motion for good cause shown.  47 C.F.R. § 1.3. 
A rule may be waived where the particular facts make strict compliance inconsistent with the public interest. 
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).  In addition, 
the Commission may take into account considerations of hardship, equity, or more effective implementation of 
overall policy on an individual basis.  WAIT Radio v. FCC, 418 F.2d 1153, 1157, (D.C. Cir. 1969), affirmed, 459 
F.2d 1203 (D.C. Cir. 1972).  In sum, waiver is appropriate if special circumstances warrant a deviation from the 
general rule, and such deviation would better serve the public interest than strict adherence to the general rule. 
Northeast Cellular, 897 F.2d at 1166.
11 See Second Report and Order, 23 FCC Rcd at 13712 ¶ 1, 13723 ¶ 17, 13724-25 ¶ 20. 
12 See, e.g., PacifiCorp, Petition for Reconsideration, WT Docket No. 04-344 (filed Mar. 2, 2009), at 5 (noting that 
access to replacement channels 84 and 85 will not be available in some areas because of use of those channels by 
incumbent public safety licensees).
13 Specifically, MariTEL, Inc., Motorola Solutions, Inc., PacifiCorp, State of Montana, Telesaurus Holdings GB, 
Inc., and Verde Systems, LLC.
Federal Communications Commission DA 11-359 
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1934, as amended, 47 U.S.C. § 154, and Section 1.3 of the Commission’s Rules, 47 C.F.R. § 1.3, that 
Section 2.106 note US228 of the Rules, 47 C.F.R. § 2.106 n.US228, and Section 80.371(c)(1)(i) note 3 of 
the Rules, 47 C.F.R. § 80.371(c)(1)(i) n.3, ARE WAIVED to the extent provided herein.
5. IT IS FURTHER ORDERED that this Order is effective upon release.
6. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of 
the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331
FEDERAL COMMUNICATIONS COMMISSION
Ruth Milkman
Chief
Wireless Telecommunications Bureau