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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications Petition for Rule Making Filed by Globe Wireless, Inc. Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the Communications Act Regarding Non- Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers and Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance for Broadband Personal Communications Services ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 00-48 RM-9499 NOTICE OF PROPOSED RULE MAKING AND MEMORANDUM OPINION AND ORDER Adopted: March 17, 2000 Released: March 24, 2000 Comment Date: [90 days after Federal Register publication] Reply Comment Date: [120 days after Federal Register publication] By the Commission: TABLE OF CONTENTS Title Paragraph I. INTRODUCTION . . . . . .1 II. NOTICE OF PROPOSED RULE MAKING. . . . . . . . . . . . . . . . . . . .4 A. EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. DISCUSSION. . . . . . . . . . . . . . . . . . . . . . . . . . . .14 1. Update of Part 80 Rules and Regulations . . . . . . . . . . . .14 a. Global Maritime Distress and Safety System (GMDSS) [Subpart W]. . . . . .15 b. Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons [Subpart Q]. . . . . . . 18 c. General Technical Standards [Subpart E]. . . . . . . . . . 21 d. Safety Watch Requirements and Procedures [Subpart G] . . . . . .23 e. Frequencies [Subpart H]. . . . . . . . . . . . . . . . . . 25 f. Compulsory Radiotelephone Installations for Vessels 300 Gross Tons [Subpart R] . . . . . 27 g. Emergency Position Indicating Radiobeacons (EPIRBs) [Subpart V]. . . . . . . . . . . . . 29 2. Fishing Vessels and the GMDSS . . . . . . . . . . . . . . . . . 31 3. Commercial Operator Licenses. . . . . . . . . . . . . . . . . . 34 a. Restricted GMDSS Radio Operator's License . . . . . 34 b. Credit for Proof of Passing U.S. Coast Guard Training . . . . . . .37 III. MEMORANDUM OPINION AND ORDER . . . . . . . . . . . . . . . . . 40 IV. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 V. PROCEDURAL MATTERS. . . . . . . . . . . . . . . . . . . . . . . . . 45 A. Ex Parte Rules - Permit-But-Disclose Proceeding . . . . . . . . 45 B. Regulatory Flexibility Act . . . . . . . . . . . . . . . . . . 46 C. Comment Dates . . . . . . . . . . . . . . . . . . . . . . . . . 47 D. Ordering Clauses. . . . . . . . . . . . . . . . . . . . . . . . 51 E. Further Information . . . . . . . . . . . . . . . . . . . . . . 55 Appendix -- Proposed Rules I. INTRODUCTION 1. In this Notice of Proposed Rule Making (Notice), we propose to consolidate, revise, and streamline our Rules governing maritime communications pursuant to requests from the National GMDSS Implementation Task Force (GMDSS Task Force) and Globe Wireless, Inc. (Globe Wireless). The purpose of these proposed rule changes is to address new international maritime requirements, improve the operational ability of all users of marine radios and remove unnecessary or duplicative requirements from our Rules. 2. As described below, as of February 1, 1999, all elements of the Global Maritime Distress and Safety System (GMDSS) became fully operable. Consequently, certain rules applicable to past safety systems have become obsolete or redundant. Generally, we propose to (a) revise our Rules to implement changes in International Maritime Organization (IMO) or International Telecommunication Union (ITU) regulations or standards; (b) delete or modify rules affected by full implementation of the GMDSS, such as Subparts Q (Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons), R (Compulsory Radiotelephone Installations for Vessels 300 Gross Tons), and W (Global Maritime Distress and Safety System (GMDSS)); and (c) delete or modify any other regulations that are deemed to be unnecessary or in need of clarification. We believe this proposed action will not only reduce significantly the number of regulations applicable to the maritime community, but by removing duplicative regulations, it will reduce the potential for confusion. In an effort to clarify the existing regulations, we also propose to make minor and non-substantive modifications to Part 80 of our Rules. We invite comment on these proposed changes and any other related modifications that would be in the public interest. 3. In this Memorandum Opinion and Order, we extend forbearance from the requirements of Section 310(d) of the Communications Act of 1934, as amended (Communications Act) for pro forma applications to telecommunications carriers licensed and regulated under Part 80 of our Rules. Accordingly, we grant the Petition for Reconsideration filed by WJG MariTEL Corporation to include telecommunications carriers licensed under Part 80 of our Rules within the ambit of the Forbearance MO&O. II. NOTICE OF PROPOSED RULE MAKING A. EXECUTIVE SUMMARY 4. In this Notice, we propose to consolidate, revise, and clarify provisions in Parts 13 and 80 of our Rules governing maritime communications. Specifically, we seek comment on the following: n The proposed modification of our rules to reflect revised international standards and recommendations which were endorsed by the IMO and ITU, many at the initiation of the United States; and to reflect significant changes in IMO and ITU performance standards and regulations. n Global Wireless's Petition proposing to allow radio-teletypewriter, data, telemetry, and telecommand transmissions on frequencies reserved for Morse code transmissions. n Applying our GMDSS rules to the commercial fishing industry. n Creating a new Restricted GMDSS Radio Operator License to provide a subordinate class of GMDSS license for radio operators aboard ships that operate exclusively within Sea Area A1 (an area extending approximately 20 miles from the coast). n Accepting a proof of passing certificate from the United States Coast Guard (U.S. Coast Guard) training program as evidence that an applicant has met the obligations for any GMDSS operator license issued by the Commission. n Removing the certification for Class A, B, and S emergency position indicating radiobeacons (EPIRBs), which operate at 121.5 MHz and 243 MHz. B. BACKGROUND 5. The GMDSS is primarily a ship-to-shore system (though it has ship-to-ship capabilities) for the transmission of distress communications. Instead of manual Morse code radiotelegraphy, the system utilizes automated (or semi-automated) communications via satellite, and advanced terrestrial systems using digital selective calling (DSC). DSC is a digital signaling system that allows ship and shore stations to call each other directly, rather than requiring a radio operator to continuously monitor a common calling channel to identify specific calls directed to the station. 6. In 1988, the IMO amended the Final Acts of the Conference of Contracting Governments to the International Convention on the Safety of Life at Sea, 1974 (SOLAS Convention) to provide for the implementation of the GMDSS on a worldwide basis. The amendments provided for a phased-in implementation schedule between February 1, 1992, and February 1, 1999. According to international regulations, certain ships that sail in international waters are subject to the SOLAS Convention, and are required to carry certain GMDSS radio equipment for safety purposes. These ships are called "compulsory ships." Under the SOLAS Convention, compulsory ships include all passenger ships that carry more than twelve passengers and all cargo ships of 300 gross tons and over which are engaged on international voyages. Other ships, called "voluntary ships," carry the same radio equipment even though they are not required to do so. To complement the GMDSS changes made by compulsory ships, some voluntary ships installed GMDSS radio equipment to enhance both their communications capabilities and their ability to alert rescue authorities during distress. 7. To implement the requirements of the SOLAS Convention, the Commission, on January 16, 1992, adopted rules implementing the GMDSS in the United States. Our rules required the installation of a full array of GMDSS radio equipment on all United States compulsory ships by February 1, 1999. To remain consistent with the latest international standards, the Commission incorporated by reference several performance standards of the IMO, recommendations and regulations of the ITU and publications of the International Electro- technical Commission (IEC) and the International Standards Organization (ISO). Since 1992, many of these standards have been revised. 8. Under the GMDSS, ships are required to carry varying amounts of communications equipment to provide a distress signal to the shore facilities depending upon which of the four "Sea Areas" the vessel operates. Each country identifies its four Sea Areas (A1 through A4) and then notifies the IMO. Sea Area A1 is an area within the radiotelephone coverage of at least one very high frequency (VHF) coast station in which continuous DSC is available. Sea Area A2 is an area, excluding Sea Area A1, within the radiotelephone coverage of at least one medium frequency (MF) coast station at which continuous DSC is available. Sea Area A3 is an area, excluding Sea Areas A1 and A2, within coverage of an International Maritime Satellite Organization's (INMARSAT) maritime mobile geostationary satellite in which continuous alerting is available. Sea Area A4 is the area outside of Sea Areas A1, A2 and A3. 9. At present, Sea Areas A1 and A2 are not established along the U.S. coastline because the requisite shore-based VHF and MF equipment is not yet in place. Thus, in accordance with our Rules, a full array of Sea Areas A3 or A4 radio equipment must be installed on compulsory ships that sail in United States waters. Because Sea Areas A3 and A4 contemplate long ocean voyages, a significant amount of highly sophisticated equipment is required in addition to that equipment required for Sea Areas A1 or A2, resulting in substantially higher equipment costs. 10. In 1998, because Sea Areas A1 and A2 were not established in United States waters, we issued a temporary, conditional waiver of the GMDSS rules for fishing vessels of 300 gross tons or more, and small passenger vessels. We delegated to the Chief of the Wireless Telecommunications Bureau (Bureau) the authority to terminate the conditional waiver as it applies to small passenger vessels, but no sooner than six months following the establishment of Sea Areas A1 and A2 for the United States. The waiver as it applies to fishing vessels was granted pending completion of a rule making proceeding addressing whether such fishing vessels should be required to comply with the Commission's GMDSS rules. This Notice marks the beginning of such proceeding. 11. Since 1992, the IMO and ITU have amended their Standards, Recommendations, and Regulations to clarify existing requirements and procedures in light of knowledge gained during the initial implementation of the GMDSS and to address new GMDSS requirements. As a result of the international amendments, we have received three petitions seeking amendments to our maritime rules. On January 14, 1998, the GMDSS Task Force requested that we amend our Rules to create an additional class of GMDSS Radio Operator's License in order to improve the safety of vessels at sea. Parts 13 and 80 of our Rules currently specify the radio operator licenses and the radio equipment requirements for U.S. vessels. These Rules are based on international requirements contained in the SOLAS Convention and similar domestic requirements contained in the Communications Act. Certain of the Maritime Service rules, particularly Subpart W of Part 80 of our Rules, are no longer applicable because other regulations (of the FCC and other U.S. or international agencies) have changed. 12. On February 17, 1999, Globe Wireless filed a petition for rule making proposing to amend Section 80.357 of our Rules to conform this rule to the requirements reached in the 1997 World Radiocommunication Conference (WRC-97) and to promote the use of advanced communications technologies in the maritime service. Specifically, Globe Wireless proposes to allow radio-teletypewriter (J2B), data, telemetry, and telecommand (J2D) transmissions on the frequencies currently reserved for Morse Code transmissions (A1A) under Section 80.357 of our Rules. 13. On April 30, 1999, the GMDSS Task Force recommended deleting, adding, or modifying approximately 375 regulations in Part 80 of our Rules. These recommendations note changes that the GMDSS Task Force believes are required to accommodate the implementation of GMDSS as well as to update obsolete sections in Part 80 of our Rules. C. DISCUSSION 1. Update of Part 80 Rules and Regulations 14. By this Notice, we propose to incorporate the relevant current IMO and ITU Standards, Recommendations, and Regulations into our Rules; to clarify our Rules where warranted; and to revise our Rules as appropriate to remove any unnecessary or duplicative rules. In this connection, we note that certain decisions of the IMO in recent amendments to the SOLAS Convention affect Subpart W, while other decisions of the recent ITU WRC97 affect Part 80 generally. We seek comments to assist us in formulating the rules that will guide the industry in making maritime communications widely available and efficient, while ensuring the safety of life and property at sea. a. Global Maritime Distress and Safety System (GMDSS) [Subpart W] 15. Background. The IMO and ITU recommendations and standards have been modified extensively since our GMDSS rules were adopted in 1992. These modifications clarify existing requirements and procedures and address new requirements. It is now necessary to implement these modifications. In addition, we recognize that there are compliance deadlines within our GMDSS rules that have passed and are no longer relevant. For example, on November 23, 1995, the IMO added new requirements to each element of GMDSS capable of sending a distress alert to require a dedicated means of activation, two independent actions to initiate a distress alert, protection from accidental activation, and a means to give status of an alert transmission so that it could be interrupted or initiated at any time. These changes were directed at reducing the number and impact of false alerts on Search and Rescue Authorities whose personnel were required to determine if the alert was real or false. 16. Discussion. We propose to incorporate the current IMO and ITU Standards, Recommendations, and Regulations into our Rules, to clarify our Rules where warranted, and to revise the Rules as appropriate to remove any unnecessary or duplicative regulations. We seek comment on the proposed revisions set out in the Appendix hereto, and any other related revisions that are needed. For example, Section 80.1111(d) of our Rules provides that a station receiving a DSC distress alert must cease any transmission that might interfere with distress traffic, and "continue watch until the call has been acknowledged." It is our understanding that U.S. Coast Guard Search and Rescue experience has shown that too many ships were relaying distress calls without listening to see if a coast station had answered the call. In any event, the ITU changed this procedure, with the agreement of the United States, to require that a ship receiving a DSC distress call first monitor the associated distress voice traffic channel for five minutes. Additionally, the ship must monitor the DSC distress and safety channel so that the ship can hear the transmission of any DSC acknowledgements. The ship can acknowledge the alert to the ship or to the rescue authority by using voice or narrowband direct printing as appropriate on this channel. Pursuant to these changes to the international rules, we propose modifying Section 80.1111(d) of our Rules accordingly. We also propose analogous modifications to Sections 80.1113(d) and 80.1117(a) of our Rules. 17. We further propose to amend Section 80.1071 of our Rules in order to add a general exemption from certain GMDSS requirements for all ships that sail continuously within VHF radiotelephone coverage (approximately 20 miles from shore). We propose that this exemption would expire one year after the U.S. Coast Guard establishes appropriate Sea Area A1 coast stations. As indicated above, the shore-based VHF and MF DSC equipment needed to support Sea Areas A1 and A2 in the United States is not yet fully operational. We seek comment on both our proposal for a general exemption and what the qualification requirements should be for this exemption. Finally, we propose that Sections 80.1123(c) and (d) of our Rules, which address watch keeping requirements, be moved to Subpart G (Safety Watch Requirements and Procedures) and updated. We seek comment on these proposals and any other Part 80 rule that may need revision. b. Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons [Subpart Q] b 18. Background. Section 351 of the Communications Act requires the installation of a radio telegraphy Morse Code station on cargo ships of 1600 gross tons or more, and all passenger ships irrespective of size. The GMDSS replaces this previous safety system based on radiotelegraphy. In the GMDSS Order, the Commission noted that the SOLAS Convention permitted ships to voluntarily comply with the GMDSS in lieu of the current manual Morse Code system as early as February 1, 1992. The Commission agreed with the SOLAS schedule for U.S. ships, but stated that it could not eliminate the current manual radiotelegraphy system and radio officers until changes to the Communications Act were adopted. In 1996, Congress enacted Section 365 of the Communications Act, which provides that a U.S. ship operating in accordance with the GMDSS provision of the SOLAS Convention is not required to install a radio telegraphy Morse Code station operated by one or more radio officers or operators. Section 365 of the Communications Act also states: "This section shall take effect for each vessel upon a determination by the United States Coast Guard that such vessel has the equipment required to implement the Global Maritime Distress and Safety System installed and operating in good working condition." 19. In this regard, all compulsory vessels must either comply with GMDSS or possess an exemption from specific requirements thereof as of February 1, 1999. Ships installing new equipment must be inspected to ensure that the equipment complies with our Rules and is operating properly. In addition, each compulsory ship must display either an annual radio safety inspection certificate indicating that the ship has all the equipment required by GMDSS or a current FCC-issued exemption which must be posted at the ship's communication station. Previously, the Commission concluded that Congress did not intend for the Commission or the U.S. Coast Guard to revise current vessel certification or inspection procedures, particularly for GMDSS vessels. Thus, the Commission determined that the Commission or its designee would continue to inspect each GMDSS-equipped vessel to ensure that the radio equipment on board complies with the GMDSS and is in good working condition. In 1996, the U.S. Coast Guard indicated that it may elect to rely on the Commission-issued (or designee-issued) certificate of compliance in fulfilling the U.S. Coast Guard's responsibilities under Section 365 of the Communications Act. 20. Discussion. The GMDSS Task Force recommends that we eliminate, or convert to voluntary compliance, the regulations governing compulsory radiotelegraph installations for vessels 1600 gross tons, and eliminate all Part 13 and Part 80 radiotelegraphy and radio officer regulations. Because Section 365 of the Communications Act prohibits requiring a ship to install a radio telegraphy station if it is operating in accordance with the GMDSS, and, because all compulsory vessels must demonstrate compliance with the GMDSS, we propose to eliminate all the requirements in Subpart Q of Part 80 of our Rules, with the exception of Section 80.825. Section 80.825 of our Rules provides the requirements and specifications for installing radar installations on ships that require the installation of radar by the Safety Convention or the U.S. Coast Guard. We seek comment on this proposal and whether there are any other requirements for radiotelegraph installations for ships of 1600 gross tons or more that are set forth in Subpart Q or any requirements relating to radiotelegraphy that are set forth in other subparts of Part 80 that we should retain. In addition, we seek comment on a proposal suggested by the GMDSS Task Force that we convert the requirements for radiotelegraphy that are set forth in Subpart Q to voluntary compliance. c. General Technical Standards [Subpart E] 21. Background. Subpart E of Part 80 of our Rules provides the general technical requirements for the use of maritime frequencies and equipment. These requirements include standards for equipment authorization, frequency tolerance, modulation, emission, power, and bandwidth. 22. Discussion. The GMDSS Task Force makes a general suggestion that Subpart E needs to be updated. It recommends incorporating the IEC Test Standards by reference, and deleting the reference to Marisat. The Task Force, however, provides no information relating to the specific rules it believes requires revision nor which of the IEC Test Standards it recommends incorporating by reference into our Rules. We seek comment on whether any specific standards require modification and what the modification should be. In addition, we seek comment on whether IEC Test Standards should be incorporated by reference into our Rules, and if so, which specific standards should be included. Finally, we seek comment on how to simplify the means for keeping these general technical standards updated in the future. d. Safety Watch Requirements and Procedures [Subpart G] 23. Background. Prior to the GMDSS, each ship which was equipped with a radio telegraphy Morse Code station was required to maintain a continuous, live watch over the ship's communications equipment to ensure that someone was available to receive and transcribe safety communications such as distress, urgency, or safety messages. Existing Subpart G sets forth these requirements for these watches and the procedures for handling distress, urgency and safety transmissions. 24. Discussion. The GMDSS Task Force recommends that we update our Rules relating to distress, urgency and safety procedures pertaining to the use of 500 and 8364 kHz as distress and safety frequencies. Additionally, the GMDSS Task Force recommends that we delete references to alarm signals. Most of the specific provisions mentioned apply to our radiotelegraph rules and would therefore be included in our proposal to eliminate the radiotelegraphy rules. However, the GMDSS Task Force suggests that these rules should be consistent with current ITU Regulations. We agree that our rules should conform to the international standards. With that in mind, we note that the requirement in Section 80.1123(c) of our Rules, which states that "every ship while at sea must maintain, when practicable, a continuous listening watch on VHF Channel 16" (the VHF distress and safety channel), expired on February 1, 1999. However, the SOLAS Convention extended this requirement until February 1, 2005, in order to increase the safety of compulsory and voluntary vessels alike. Therefore, we propose to retain this watch requirement with an expiration date of February 1, 2005. Similarly, Sections 80.305(a)(2), (b)(1), and 80.1123(d) of our Rules provide that every compulsory ship at sea must maintain a continuous watch on 2182 kHz (the MF distress and safety frequency). The ITU recommends that vessels voluntarily maintain such a watch when a significant number of non-compulsory vessels is in the vicinity. We seek comment as to the practicality of a voluntary watch, what is considered a significant number, and whether a voluntary watch on 2182 kHz will provide meaningful benefits to ships (both compulsory and voluntary) at sea. We also propose that voluntary vessels that are equipped with DSC must maintain a watch on VHF DSC channel 70 (156.525 MHz) whenever the vessel is underway. We seek comment on this proposal. We also seek comment on the need for and the nature of any regulations to ensure adequate watchkeeping facilities and procedures until adequate shore communications are established for GMDSS. e. Frequencies [Subpart H] 25. Background. Sections 80.351 through 80.363 of our Rules relates to the general uses of radiotelegraphy; the distress, urgency, safety, call and reply Morse Code frequencies; Morse Code working frequencies; frequencies for DSC; frequencies for NB-DP; and frequencies for facsimile. These Rules provide the requirements and specific procedures to ensure that all ships are able to receive emergency messages and process them uniformly. In its petition, Globe Wireless notes that currently Section 80.357(a)(3) of our Rules restricts 744 frequencies in the HF band assignable to maritime stations to Morse Code transmissions. Globe Wireless further asserts that this restriction concerning Morse Code transmissions has resulted in inefficient use of the spectrum. In accordance with revised ITU Radio Regulations, Globe Wireless proposes allowing radio-teletypewriter, data, telemetry, and telecommand transmissions on frequencies currently reserved for Morse Code transmissions. Globe Wireless notes that the WRC-97 authorized the use of digital technology in certain MF and HF radiotelephone and radiotelegraph bands, except for distress and safety frequencies. Specifically, WRC-97 authorized the use of classes J2B and J2D emissions on a non-interference basis to A1A Morse Code operations. Globe Wireless asserts that amending our Rules to conform to ITU Radio Regulation S52.54.1 would promote both international comity and promote the use of higher-speed communications technologies in scarce HF spectrum. 26. Discussion. We tentatively conclude that removing the Morse Code transmission restriction, as requested by Globe Wireless, would result in the efficient use of these frequencies. Consequently, we propose to amend our rules to permit J2B and J2D emission wherever A1A or F1B emission is permitted on high seas frequencies, and to permit J2D emission wherever J3E emission is permitted on high seas frequencies. We believe this proposal will increase the operational flexibility of MF and HF service providers and facilitate their ability to offer additional services. Accordingly, we seek comment on our proposal and tentative conclusion. In addition to the Globe Wireless request, the GMDSS Task Force recommends that we update the frequency tables in Subpart H in accordance with revised ITU Regulations. We seek comment on the specific ITU Regulations that we should implement. We also propose that Section 80.353 of our Rules, regarding the general uses of radiotelegraphy, be deleted. The GMDSS Task Force further recommends that we update our Rules by deleting 500 and 8364 kHz as distress and safety frequencies, and eliminating the Morse Code radiotelegraph frequencies. We invite comment on these proposals. Finally, we seek comment on whether there should be any other revisions to the rules set forth in Subpart H. f. Compulsory Radiotelephone Installations for Vessels 300 Gross Tons [Subpart R] g 27. Background. Subpart R provides the radiotelephone requirements for cargo ships of 300 gross tons and upward, but less than 1600 gross tons. As of February 1, 1999, all cargo vessels over 300 gross tons were required to comply with Subpart W (GMDSS), which makes a separate Subpart R covering these same vessels unnecessarily duplicative. 28. Discussion. In light of the full implementation of the GMDSS, we tentatively conclude that our Rules contained in Subpart R are redundant with our Rules in Subpart W (GMDSS). We propose to eliminate all requirements in Subpart R, with the exception of Section 80.879 of our Rules. Pursuant to Section 80.879 of our Rules, ship radar installations on ships of 500 gross tons and upwards, constructed after September 1, 1984, must comply with the requirements and specifications contained in Section 80.825 of our Rules. We also invite comment on whether other rules in Subpart R should be retained for general or individual exemption purposes. In our Fishing Vessel Order, we stated that the waiver did not relieve the fishing vessels from compliance with Subparts Q (radiotelegraph) and R (radiotelephone) of Part 80 of the Commission's Rules. Consequently, we seek comment regarding the continued need to specify radiotelephone requirements in Subpart R in conjunction with GMDSS requirements in Subpart W, or whether Subpart R should be deleted in its entirety or in part, and if so, when. g. Emergency Position Indicating Radiobeacons (EPIRBs) [Subpart V] 29. Background. Subpart V of Part 80 of our Rules provides the technical and performance requirements for Classes A, B, C, and S, and Categories 1, 2, and 3 EPIRB stations. The requirements include standards for equipment authorization, modulation, power, and frequency stability. 30. Discussion. The U.S. Coast Guard has recommended that we remove the certification for Class A, B, and S EPIRBs, which operate at 121.5/243 MHz. We tentatively agree with this recommendation. Specifically, we propose that: (1) certification of new Class A, B, and S EPIRBs cease immediately; (2) sales and manufacture of these devices cease as of February 1, 2003; and (3) operation of these devices cease as of December 31, 2006. We also propose to eliminate all Commission Rules that pertain to the obsolete Class C EPIRB. According to the U.S. Coast Guard, the use of 121.5/243 MHz EPIRBs has led to 350,000 false alerts over the past three years. Lifesaving efforts are often ineffective when 121.5/243 MHz EPIRBs transmit because there is no available registration information to aid detection. Adding to this ineffectiveness is the average alerting time of 121.5/243 MHz EPIRBs, which, by 2006, is expected to exceed the unacceptable level of ninety minutes. On the other hand, 406 MHz EPIRBs are responsible for four times the number of lives saved as 121.5/243 MHz EPIRBs, while being responsible for only two percent of the total number of false alerts that are attributed to 121.5/243 MHz EPIRBs. On this basis, COSPAS/SARSAT, the international program that operates the satellite processors for EPIRBs, recently announced that it will stop equipping new satellites with 121.5/243 MHz processors, and plans to establish a date after which any remaining active processors will be turned off. We believe that the complete transition to 406 MHz EPIRBs should cause very little disruption. Carriage of the 406 MHz EPIRB is already required aboard SOLAS-class merchant vessels and U.S. commercial fishing vessels. The 406 MHz EPIRB is also being used aboard recreational vessels at an increasing rate. We seek comment on these points and our proposals regarding EPIRBs. 2. Fishing Vessels and the GMDSS B 3. Background. Prior to the release of the Fishing Vessel Order, representatives of the fishing industry argued that the SOLAS Convention specifically exempted fishing vessels from its GMDSS regulations. They also argued that requiring fishing vessels to comply with the DSC communications requirements of the GMDSS rules would constitute an unnecessary financial burden, because the requisite shore-based VHF and MF DSC equipment used to establish Sea Areas A1 and A2 are not in place in the United States. Thus, they argued, to remain fully compliant with GMDSS rules, fishing vessels would be forced to carry the more expensive Sea Area A3 or A4 equipment. The SOLAS Convention specifically exempts fishing vessels from the GMDSS regulations. The Communications Act, however, defines a cargo ship as "any ship not a passenger ship." Based on the Communications Act definition of "cargo ships," we traditionally have categorized fishing vessels of 300 gross tons or more as "cargo ships." Nevertheless, in the Fishing Vessel Order, we granted a temporary, conditional waiver of some of the GMDSS regulations for fishing vessels of 300 gross tons or more, pending completion of a rule making proceeding addressing whether fishing vessels should be required to comply with our GMDSS rules. By this Notice, we undertake a fuller examination of this matter. 4. Discussion. Based on the Communications Act, we affirm that fishing vessels of 300 gross tons or more are considered "cargo ships" and, therefore, subject to the GMDSS regulations. Nevertheless, we propose to extend the temporary, conditional exemption from the GMDSS DSC communications equipment requirements until one year after the U.S. Coast Guard establishes adequate DSC coast facilities for Sea Areas A1 and A2. As indicated above, the shore-based VHF and MF DSC equipment needed to support Sea Areas A1 and A2 in the United States is not yet fully operational. Thus, absent the temporary, conditional waiver that was granted in the Fishing Vessel Order, fishing vessels of 300 gross tons and over would have to carry the more expensive Sea Area A3 or A4 equipment to remain fully compliant with the GMDSS DSC communications equipment requirement. We agree with fishing industry representatives that under current conditions, full compliance with the GMDSS rules would impose an unnecessary financial burden on fishing vessels. Although we are concerned that exempting fishing vessels of 300 gross tons or more from the carriage of DSC communications equipment might place these fishing vessels at a greater safety risk, it is our expectation that coast stations that operate in the 2 MHz band will continue to tune to the MF distress and safety frequency, 2182 kHz, for watchkeeping purposes until DSC facilities are established. As discussed earlier, we tentatively conclude that a coast station that keeps watch on VHF Channel 16 and 2182 kHz can effectively monitor fishing vessels if the fishing vessels sail solely within the radiotelephone coverage of coast stations. Also, we note that under our current rules, fishing vessels of 300 gross tons and more must carry a NAVTEX receiver, EPIRB, and survival craft equipment, and must comply with our other applicable rules. We seek comment on this proposal, especially with respect to whether extending this exemption will place fishing vessels that are in distress at a greater safety risk. 5. We also propose that once adequate DSC coast facilities are in place, to require fishing vessels of 300 gross tons and over to comply with all of the GMDSS requirements appropriate to their area of operation. We are concerned that adopting a separate safety system for commercial fishing vessels would be expensive, difficult for these larger fishing vessels to administer, and likely to cause confusion during a distress incident. Moreover, we believe that the same level of safety requirements is necessary for the fishing industry as that for other maritime industries. We also are concerned that after other coast and ship stations discontinue their watchkeeping requirements on former distress and safety frequencies, VHF Channel 16 and 2182 kHz, large fishing vessels that lack DSC capability will have difficulty contacting other stations in the event of an emergency. We believe that for fishing vessels of 300 gross tons or more, the benefits of full GMDSS capability will be worth the cost of the DSC equipment required for Sea Areas A1 and A2. Given the purpose of this proposal increased safety for fishing vessels it is especially important to avoid such possible effects by adopting a more effective solution, which would be uniform maritime rules. We seek comment on these proposals. 3. Commercial Operator Licenses a. Restricted GMDSS Radio Operator's License 6. Background. We issue one type of commercial radio operator license for GMDSS operators, the GMDSS Radio Operator's License, which requires familiarity with all of the GMDSS equipment required for vessels sailing within all four sea areas. We also require each compulsory vessel to carry two crew members holding such a license. In addition, because Sea Areas A1 and A2 are not declared for United States territorial waters, our GMDSS rules require that United States compulsory ships carry the full array of GMDSS communications equipment described for Sea Area A3 or A4 (i.e., VHF, MF, DSC, and either satellite or HF DSC with narrow-band direct printing equipment). These requirements, which were established for extensive international ocean voyages, appear onerous for ships sailing within Sea Areas A1 and A2, which are closer to U.S. shores and have radiotelephone coverage. 7. The ITU Regulations, however, provide for two types of radio operators certificates: a General Operator's Certificate (equivalent to the GMDSS Radio Operator's License), and a Restricted Operator's Certificate for compulsory ships that operate exclusively within Sea Area A1. A Restricted Operator's Certificate requires familiarity with all of the GMDSS equipment required for vessels sailing within Sea Area A1, including VHF DSC procedures, and basic radio law and operating practice with which every maritime radio operator should be familiar. 8. Discussion. We tentatively conclude that we should permit compulsory vessels which are required to carry only the GMDSS equipment described for Sea Area A1, to have GMDSS operators hold only a Restricted GMDSS Radio Operator's License. We believe that a FCC- created Restricted GMDSS Radio Operator's License, equivalent to an ITU Restricted Operator's Certificate, even prior to the establishment of Sea Area A1 in the United States, is in the public interest for several reasons. First, some compulsory ships (i.e., fishing vessels of 300 gross tons or more) sailing within twenty nautical miles of shore have been granted Commission exemptions to the additional GMDSS requirements which would be required for ships sailing on unlimited voyages within Sea Areas A3 and A4. Operators on such compulsory ships do not need to be familiar with the additional equipment required for Sea Areas A3 and A4, and therefore should be permitted to be qualified commensurate to the equipment aboard the ship. As explained above, the GMDSS equipment rules for Sea Areas A3 and A4 were established for extensive international ocean voyages and are unnecessary, onerous and costly for ships operating in Sea Areas A1 and A2. Second, the training courses for this license should be shorter than the courses for a GMDSS Radio Operator's License and thus, will be more affordable and easier to schedule for personnel on compulsory ships sailing only in Sea Area A1 and voluntarily fitted ships. Accordingly, we seek comment regarding whether to establish a Restricted GMDSS Radio Operator's License. We propose to amend Section 13.201 of our Rules to require applicants for this license to pass an examination on elements 1 and 7R. Element 1 would consist of questions pertaining to basic radio law, treaties, regulations, and operating procedures and practices. Element 7R would consist of all GMDSS questions in Element 7 pertaining to the use of equipment required to be fitted on ships sailing solely within Sea Area A1, or, if appropriate, Sea Area A2. Element 7 is the GMDSS element for all systems including those required for Sea Area A1, A2, A3, and A4 ships. While we do not set forth any specific parameters for Element 7R at this time, we seek comment on specifics for this proposal or other methods of testing GMDSS Restricted Operator's License applicants. We also seek comment on whether we should, in accordance with current ITU guidance, allow ships that sail solely within Sea Area A2 to have operators qualified to a similar restricted GMDSS certificate for operation of Sea Area A2 equipment. b. Credit for Proof of Passing U.S. Coast Guard Training 9. Background. Commercial Operator License Examination (COLE) Managers administer the examinations to ship personnel who apply for a FCC issued GMDSS Radio Operator's License. To qualify for a GMDSS Radio Operator's License, the applicant must demonstrate proficiency in basic radio law and operating practice (Element 1), and GMDSS radio operating practice (Element 7), through successful completion of a written examination. If such proficiency is demonstrated, then the COLE Managers will issue a Proof of Passing Certificate (PPC) to the applicant. The Commission then issues a GMDSS Radio Operator's License to the applicant upon receipt of that applicant's PPC. 10. Starting on February 1, 2002, all masters and mates must hold the FCC GMDSS Radio Operator's License and must also qualify for a U.S. Coast Guard GMDSS endorsement. A U.S. Coast Guard endorsement requires the successful completion of a 70-hour training program, including both theoretical examinations and practical demonstration of the candidate's ability to operate GMDSS equipment. 11. Discussion. The GMDSS Task Force states that the examination for a FCC GMDSS Radio Operator's License and the U.S. Coast Guard's theoretical examination are based on the same material and similar questions. We believe that this duplication of effort places a burden on all parties. Consequently, we propose to authorize the U.S. Coast Guard or its designee to issue a PPC to operators and maintainers of radio equipment who possess the relevant certificate of competency from a U.S. Coast Guard-approved training course. Upon receipt of the PPC, the Commission would issue a GMDSS Radio Operator's License (or, if it is created, Restricted GMDSS Radio Operator's License) to applicants with such certificates of competency. This proposal should reduce burdens on the applicant and eliminate redundant requirements. III. MEMORANDUM OPINION AND ORDER 4. Background. On February 4, 1998, we granted the FCBA petition and partially granted the PCIA petition from the application of the prior notification and approval requirements of Section 310(d) of the Communications Act to telecommunications carriers licensed by the Bureau for pro forma assignments of license and transfers of control. Specifically, we granted the FCBA request to forbear from the requirements of Section 310(d) of the Communications Act for all non-substantial transactions involving telecommunications carriers licensed by the Bureau. 5. Section 310(d) of the Communications Act forbids the assignment of a radio license or transfer of control of a radio licensee corporation without obtaining prior Commission consent. In our Forbearance MO&O, we held that there was sufficient justification in the record to forbear from enforcing the requirements of Section 310(d) of the Communications Act as they apply to all telecommunications carriers licensed by the Bureau. Citing the Communications Act, we determined that a telecommunications carrier was "any provider of telecommunications services," and a "telecommunications service" was the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available to the public. Because no commenter expressly opposed the FCBA's proposal and we found no reason to distinguish among different categories of telecommunications carriers, we intended to apply the forbearance uniformly to all telecommunications carriers licensed by the Bureau. 6. However, as noted by MariTEL, when we listed the categories of telecommunications carriers who were licensed by the Bureau, we did not include telecommunications carriers licensed and regulated under Part 80 of our Rules. MariTEL, a public coast service station provider, asserts that it is a telecommunications carrier because it provides telecommunications for a fee directly to the general public. Consequently, MariTEL requests that we reconsider and revise our Rules to include Part 80 licensees whom qualify as telecommunications carriers. 7. Discussion. Pursuant to Section 1.924(a)(2) of our Rules, licenses in the Maritime (ship) Radio Services may not be assigned. When a ship is sold, the new owner must apply for a new license. When the new license is issued, the former license must be surrendered for cancellation. For the foregoing reasons, Maritime (ship) Radio Services licenses are not subject to Section 310(d) of the Communications Act. On the other hand, Public Coast Stations, which are located on land, may be assigned pursuant to the provisions of Section 1.924(a)(1) of our Rules. We agree with MariTEL that the Forbearance MO&O should be applied to such telecommunications carriers licensed and regulated under Part 80 of our Rules because these carriers provide telecommunications for a fee directly to the public. Accordingly, we grant MariTEL's Petition and will extend forbearance from the requirements of Section 310(d) of the Communications Act for pro forma applications to telecommunications carriers licensed and regulated under Part 80 of our Rules. IV. CONCLUSION 44. In view of the foregoing, we propose to: (1) amend our rules to incorporate the current international standards and recommendations for GMDSS; (2) amend our rules as requested by Globe Wireless, to allow digital transmissions on high seas frequencies currently allocated for Morse Code radiotelegraphy; (3) consider the extent to which our GMDSS rules should apply to the commercial fishing industry; and (4) create a new Restricted GMDSS Radio Operator class of commercial operator license, and (5) accept a proof of passing certificate from the USCG training program as evidence that an applicant has met his or her obligations for any of the GMDSS operator license we issue. We invite comment on these matters and our proposed rules that are appended hereto. We also seek comment on any other related modifications to Parts 13 and 80 that would be in the public interest. Finally, we grant MariTEL's Petition for Reconsideration and extend the determination in our Forbearance MO&O to include Public Coast station licensees regulated under Part 80 of our Rules. V. PROCEDURAL MATTERS A. Ex Parte Rules - Permit-But-Disclose Proceeding 45. This is a permit-but-disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in our Rules. B. Regulatory Flexibility Act 46. The Regulatory Flexibility Act (RFA) requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that "the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The purpose of this Notice is to streamline and clarify our rules under Parts 13 and 80 governing maritime communications. The proposed rule changes do not impose any additional compliance burden on small entities regulated by the Commission. Rather, we anticipate that these recommended changes will reduce regulatory and procedural burdens on small entities. Accordingly, we certify, pursuant to Section 605(b) of the RFA, that the rules proposed in this Notice will not, if promulgated, have a significant economic impact upon a substantial number of small entities, as that term is defined by the RFA. The Commission's Office of Public Affairs, Reference Operations Division, shall send a copy of this Notice, including this certification, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with the RFA. We shall also publish a copy of this certification in the Federal Register. We shall analyze the information submitted during the comment period and, if we determine at the time we issue a final rule that such final rule changes will have a significant economic impact on a significant number of small entities, we shall prepare a Final Regulatory Flexibility Analysis. C. Comment Dates 47. Pursuant to Sections 1.415 and 1.419 of our Rules, 47 C.F.R.  1.415, 1.419, interested parties may file comments on or before [90 days after Federal Register publication] and reply comments on or before [120 days after Federal Register publication]. Comments may be filed using the Commission's Electronic Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 13 FCC Rcd 11322 (1998). 48. Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, then commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To obtain filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply. 49. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. All filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 12th St., S.W., Room TW-A325, Washington, D. C. 20554. 50. Parties who choose to file by paper should also submit their comments on diskette. These diskettes should be submitted to: Keith Fickner, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, Room 4-C423, 445 12th St., S.W., Washington, D.C. 20554. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Microsoft Word 97 or compatible software. The diskette should be accompanied by a cover letter and should be submitted in "read only" mode. The diskette should be clearly labeled with the commenter's name, proceeding (including the lead docket number in this case, WT Docket No. 00-48, type of pleading (comment or reply comment), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase "Disk Copy - Not an Original." Each diskette should contain only one party's pleadings, preferably in a single electronic file. In addition, commenters should send diskette copies to the Commission's copy contractor, International Transcription Services, Inc., 1231 20th Street, N.W., Washington, D.C. 20037. D. Ordering Clauses 51. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r) and 403, this Notice of Proposed Rule Making IS HEREBY ADOPTED. 52. IT IS FURTHER ORDERED, that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r), the petition for rule making filed by Globe Wireless, Inc. on February 17, 1999, IS GRANTED. 53. IT IS FURTHER ORDERED, that the petition for reconsideration filed by WJG MariTEL Corporation, on February 23, 1999, IS GRANTED. 54. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rule Making, including the Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. E. Further Information 55. For further information, contact Keith Fickner, kfickner@fcc.gov, or Ghassan Khalek, gkhalek@fcc.gov, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233. 56. Alternative formats (computer diskette, large print, audiocassette and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at mcontee@fcc.gov. This Notice can also be downloaded at: http://www.fcc.gov/dtf/ FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX Proposed Rules Chapter I of Title 47 of the Code of Federal Regulations, Parts 13 and 80, are proposed to be amended as follows: I. PART 13 -- COMMERCIAL RADIO OPERATORS 1. The authority citation for Part 13 continues to read as follows: AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 2. Section 13.7 is amended by revising paragraph (b) and adding a new paragraph (b)(10) to read as follows:  13.7 Classification of operator licenses and endorsements. * * * * * (b) There are ten types of commercial radio operator licenses, certificates and permits (licenses). The license's ITU classification, if different from its name, is given in parentheses. * * * * * (10) Restricted GMDSS Radio Operator License (Restricted Operator's Certificate). * * * * * 3. Section 13.13 is amended by revising paragraphs (a) and (d) to read as follows:  13.13 Application for a renewed or modified license. (a) Each application to renew a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Marine Radio Operator Permit, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must be made on FCC Form 605. The application must be accompanied by the appropriate fee and submitted in accordance with  1.913 of this chapter. * * * * * (d) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the subject of an ongoing suspension proceeding, a person holding a General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer license, who has an application for another commercial radio operator license which has not yet been acted upon pending at the FCC and who holds a PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and privileges of the license for which the application is filed. This authority is valid for a period of 90 days from the date the application is received. The FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing. * * * * * 4. Section 13.17 is amended by revising paragraph (b) to read as follows:  13.17 Replacement license. (b) Each application for a replacement General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer license must be made on FCC Form 605 and must include a written explanation as to the circumstances involved in the loss, mutilation, or destruction of the original document. * * * * * 5. Section 13.201 is amended by redesignating paragraphs (b)(7) and (b)(8) as (b)(8) and (b)(9), and adding a new paragraph (b)(7) to read as follows:  13.201 Qualifying for a commercial operator license or endorsement. . * * * * * (b) * * * * * (7) Restricted GMDSS Radio Operator License: Written Elements 1, and 7R. II. 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 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, 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 80.5 is amended to read as follows: Subpart A General Information * * * * *  80.5 Definitions. * * * * * Digital selective calling (DSC). * * * The operational and technical characteristics of this system are contained in Recommendations ITU-R M.493 and ITU-R M.541. (See subpart W of this part.) * * * * * Distress signal. * * * * * (3) For GMDSS, distress alerts result in an audible alarm and visual indication that a ship or person is in grave and imminent danger and requests immediate assistance. These automatic systems contain sufficient information in the distress alert message to identify the vessel, prepare to assist and begin a search. However, except when transmitted via satellite EPIRB, the distress alert is just the initial call for help. Communication between the vessel or person in distress and the Rescue Coordination Center (RCC) or ship assisting should always follow. * * * * * Safety signal. * * * * * (4) For GMDSS, safety calls result in an audible alarm and visual indication that the station sending this signal has a very urgent message to transmit concerning the safety of navigation or giving important meteorological warnings. * * * * * Urgency signal. * * * * * (4) For GMDSS, urgency calls result in an audible alarm and visual indication that the station sending this signal has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or of some person on board or within sight. 3. Section 80.15 amended by deleting paragraph (e)(1) and redesignating paragraphs (e)(2) and (e)(3) as (e)(1) and (e)(2). 4. Section 80.51 is amended by removing and reserving this section. Subpart B Applications and Licensing * * * * *  80.51 [Reserved] 5. Section 80.89 is amended by deleting paragraph (e) and redesignating paragraph (f) as paragraph (e). 6. Section 80.93 is amended by revising paragraph (c) to read as follows: Subpart C Operating Requirements and Procedures * * * * *  80.93 Hours of service. * * * * * (c) Compulsory ship stations. (1) Compulsory ship stations whose service is not continuous may not suspend operation before concluding all traffic originating in or destined for public coast stations situated within their range and mobile stations which have indicated their presence. (2) For GMDSS ships and for ships voluntarily fitting GMDSS subsystems, radios shall be turned on and set to proper watch channels while ships are underway. If ship has duplicate GMDSS installations for DSC or INMARSAT, only one of each must be turned on and keeping watch. * * * * * 7. Section 80.102 is amended by redesignating paragraph (e) as paragraph (f) and adding a new paragraph (e) to read as follows:  80.102 Radiotelephone station identification. * * * * * (e) Voice traffic in the INMARSAT system is closed to other parties except the two stations involved and the identification is done automatically with the establishment of the call. Therefore, it is not necessary for these stations to identify themselves periodically during the communication. For terrestrial systems using DSC to establish radiotelephone communications, the identification is made at the beginning of the call. In these cases, both parties must identify themselves by ship name, call sign or MMSI at least once every 15 minutes during radiotelephone communications. * * * * * 8. Section 80.103 is amended by revising paragraph (c) to read as follows:  80.103 Digital selective calling (DSC) operating procedures. * * * * * (c) DSC acknowledgement of DSC distress and safety calls must be made by designated coast stations and such acknowledgement must be in accordance with procedures contained in CCIR Recommendation 541. Nondesignated public and private coast stations must follow the guidance provided for ship stations in CCIR Recommendation 541 with respect to DSC "Acknowledgement of distress calls" and "Distress relays." (See subpart W of this part.) 9. Section 80.116 is amended by deleting paragraph (h).  80.116 Radiotelephone operating procedures for ship stations. * * * * * (h) [Deleted] 10. Section 80.141 is amended by revising paragraph (c) to read as follows:  80.141 General provision for ship stations. * * * * * (c) Service requirements for vessels. Each ship station provided for compliance with Part II of Title III of the Communications Act must provide a public correspondence service on voyages of more than 24 hours for any person who requests the service. Compulsory radiotelephone ships must provide this service for at least four hours daily. The hours must be prominently posted at the principal operating location of the station. * * * * * 11. Section 80.145 is amended by removing and reserving this section.  80.145 [Reserved] 12. Section 80.148 is amended by deleting paragraph (c) and revising the introductory text to read as follows:  80.148 Watch on 156.8 MHz (Channel 16). Until February 1, 2005, each compulsory vessel, while underway, must maintain a watch for radiotelephone distress calls on 156.800 MHz whenever such station is not being used for exchanging communications. For GMDSS ships, 156.525 MHz is the calling frequency for distress, safety, and general communications using digital selective calling and the watch on 156.8 MHz is provided so that ships not fitted with DSC will be able to call the GMDSS ships, thus providing a link between GMDSS and non-GMDSS compliant ships. The watch on 156.800 MHz is not required: * * * * * 13. Section 80.151 is amended by adding new paragraphs (b)(7) and (b)(8) to read as follows: Subpart D Operator Requirements * * * * *  80.151 Classification of operator licenses and endorsements. * * * * * (b) * * * * * (7) GOL. GMDSS Radio Operator license (General Operator's Certificate). (8) ROL. Restricted GMDSS Radio Operator license (Restricted Operator's Certificate). * * * * * 14. Section 80.159 is amended by redesignating paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:  80.159 Operator requirements of Title III of the Communications Act and the Safety Convention. * * * * * (d) Each passenger ship equipped with a GMDSS installation in accordance with subpart W of this part shall carry at least two persons holding either an appropriate GMDSS Radio Operator License or an Restricted GMDSS Radio Operator License, as specified in  13.2 of this chapter. * * * * * 15. Section 80.165 is revised to read as follows:  80.165 Operator requirements for voluntary stations. Minimum operator license Ship Morse telegraph....................................... . T-2. Ship direct-printing telegraph............................. MP. Ship telephone, more than 250 watts carrier G. power or 1,000 watts peak envelope power. Ship telephone, not more than 250 watts MP. carrier power or 1,000 watts peak envelope power. Ship telephone, not more than 100 watts carrier power or 400 watts peak envelope power: Above 30 MHz.............................................. None.\1\ Below 30 MHz.............................................. RP. Ship earth station.............................................. RP. Terrestrial DSC ship telephone........................... ROL.\2\ \1\ RP required for international voyage. \2\ GOL required for voyages in Sea Areas A3 or A4 16. Section 80.203 is amended by revising paragraph (g) to read as follows: Subpart E General Technical Standards * * * * *  80.203 Authorization of transmitters for licensing. * * * * * (g) Manufacturers of ship earth station transmitters intended for use in the INMARSAT space segment must comply with the verification procedures given in part 2 of this chapter. Such equipment must be verified in accordance with the technical requirements provided by INMARSAT and must be type approved by INMARSAT for use in the INMARSAT space segment. The ship earth station input/output parameters, the data obtained when the equipment is integrated in system configuration and the pertinent method of test procedures that are used for type approval of the station model which are essential for the compatible operation of that station in the INMARSAT space segment must be disclosed by the manufacturer upon request of the FCC or the United States Signatory. Witnessing of the type approval tests and the disclosure of the ship earth station equipment design or any other information of a proprietary nature will be at the discretion of the ship earth station manufacturer. * * * * * 17. Section 80.205 is amended by adding an entry to the table in paragraph (a) between J2C and J3C to read as follows:  80.205 Bandwidths. Class of emission Emission designator Authorized bandwidth (kHz) * * * J2D14........................................ * * * * * * * * 2K80J2D * * * * * * * * 3.0 * * * * * * * * * * 14 The information is contained in multiple very low level subcarriers. 18. Section 80.207 is amended by revising paragraph (d) to read as follows:  80.207 Classes of emission. * * * * * (d) The authorized classes of emission are as follows: Types of stations Classes of emission Ship Stations1 Radiotelegraphy: * * * * * 1605-27500 kHz: Manual15 16 17.......... DSC16.................... NB-DP14 16............ * * * Radiotelephony: 1605-27500 kHz5 16........... * * * Land Stations1 Radiotelegraphy: * * * * * 4000-27500 kHz: Manual16............... DSC18.................... NB-DP14 18............. * * * Alaska--Fixed17 18...... * * * Radiotelephony: 1605-27500 kHz18 19........... * * * * * A1A, J2A, J2B, J2D F1B, J2B F1B, J2B, J2D * * * H3E, J2D, J3E, R3E A1A, J2A, J2B, J2D F1B, J2B F1B, J2B, J2D * * * A1A, A2A, F1B, F2B, J2B, J2D H3E, J2D, J3E, R3E 1 Excludes distress, EPIRBs, survival craft, and automatic link establishment. * * * * * 5 Transmitters type accepted prior to December 31, 1969, for emission H3E, J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to be operated. These transmitters will not be authorized in new installations. * * * * * 14 NB-DP operations which are not in accordance with CCIR Recommendation 625 or 476 are permitted to utilize any modulation, so long as emissions are within the limits set forth in  80.211(f) of this chapter. 15 J2B is permitted only on 2000-27500 kHz. 16 J2D is permitted only on 2000-27500 kHz, and ship stations employing J2D emissions shall at no time use a peak envelope power in excess of 1.5 kW per channel. 17 J2B and J2D are permitted provided they do not cause harmful interference to A1A. 18 Coast stations employing J2D emissions shall at no time use a peak envelope power in excess of 10 kW per channel. 19 J2D is permitted only on 2000-27500 kHz. 19. Section 80.223 is amended by deleting paragraphs (b) and (c), redesignating paragraph (d) as (b), and revising paragraph (a) to read as follows:  80.223 Special requirements for survival craft stations. (a) Survival craft stations capable of transmitting on 121.500 MHz must be able to operate with A3E or A3N emission. * * * * * 20. Section 80.310 is revised to read as follows: Subpart G Safety Watch Requirements and Procedures * * * * *  80.310 Watch required by voluntary vessels. Voluntary vessels not equipped with DSC must maintain a watch on 156.8 MHz (channel 16) whenever the vessel is underway and the radio is not being used to communicate. Voluntary vessels with DSC must maintain a watch on 156.525 MHz (channel 70) whenever the vessel is underway. Non commercial vessels, such as recreational boats, may alternatively maintain a watch on 156.450 MHz (channel 9) for call and reply purposes. Vessels voluntarily fitting additional radio equipment shall have it turned on and set to the appropriate watch frequency whenever underway and it is not being used to communicate. 21. Section 80.353 is amended by removing and reserving this section. Subpart H Frequencies * * * * *  80.353 [Reserved] 22. Section 80.355 is amended by deleting paragraph (c)(1), redesignating paragraphs (c)(2) and (c)(3) as (c)(1) and (c)(2), and revising the newly designated paragraph (c)(1) and paragraph (d)(2) to read as follows:  80.355 Distress, urgency, safety, call and reply Morse code frequencies. * * * * * (c)(1) Ship station frequencies. The following table describes the calling frequencies in the 4000-27500 kHz band which are available for use by authorized ship stations equipped with crystal-controlled oscillators for A1A, J2A, J2B, or J2D radiotelegraphy. * * * * * * * * (d) * * * * * (2) EPIRB stations may be assigned 121.500 MHz and 243 MHz using A3E, A3X and NON emission or 406.025 MHz using G1D emission to aid search and rescue operations. See subpart V of this part. 23. Section 80.357 is amended by revising the title and introductory paragraph and paragraph (b)(1) to read as follows:  80.357 Working frequencies for Morse code and data transmission. This section describes the working frequencies assignable to maritime stations for A1A, J2A, J2B (2000- 27500 kHz band only), or J2D (2000-27500 kHz band only) radiotelegraphy. * * * * * (b) Coast station frequencies--(1) Frequencies in the 100-27500 kHz band. The following table describes the working carrier frequencies in the 100-27500 kHz band which are assignable to coast stations located in the designated geographical areas. The exclusive maritime mobile HF bands listed in the table contained in  80.363(a)(2) of this chapter are also available for assignment to public coast stations for A1A, J2A, J2B, or J2D radiotelegraphy following coordination with government users. * * * * * 24. Section 80.361 is amended by redesignating paragraph (a)(1) as paragraph (a) and deleting paragraph (a)(2), and by revising paragraph (b) to read as follows:  80.361 Frequencies for narrow-band direct-printing (NBDP), radioprinter and data transmissions. * * * * * (b) The following table describes the frequencies and Channel Series with F1B, J2B, or J2D emission which are assignable to ship stations for NBDP and data transmissions with other ship stations and public coast stations. Public coast stations may receive only on these frequencies. * * * * * 25. Section 80.373 is amended by revising paragraphs (c)(2)(ii) and (f) to read as follows:  80.373 Private communications frequencies. * * * * * (c) * * * * * (2) * * * * * (ii) The emissions must be J3E except that when DSC is used the emission must be F1B, J2B, or J2D; and * * * * * (f) Frequencies in the 156-162 MHz band. The following tables describe the carrier frequencies available in the 156-162 MHz band for radiotelephone communications between ship and private coast stations. (Note: the letter "A" following the channel designator indicates simplex operation on a channel designated internationally as a duplex channel.) Frequencies in the 156-162 MHz band Channel designator Carrier frequency (MHz) Ship transmit Carrier frequency (MHz) Coast transmit Points of communication (Intership and between Coast and ship unless otherwise indicated) Port Operations 01A1 . 63A1 . 05A2 . 65A .. 66A .. 123 73 . 143 74 . 774 20A12 156.050 156.175 156.250 156.275 156.325 156.600 156.675 156.700 156.725 156.875 157.000 156.050 156.175 156.250 156.275 156.325 156.600 156.675 156.700 156.725 Intership only. Intership only. Navigational (Bridge-to-Bridge)5 136 677 156.650 156.375 156.650 156.375 Commercial 01A1 . 63A1 . 07A .. 677 . . . 113 18A ... 19A ... 79A ... 80A ... 88A8 .. 7214 ... 156.050 156.175 156.350 156.375 156.400 156.450 156.500 156.550 156.900 156.950 156.975 157.025 157.425 156.625 156.050 156.175 156.350 .. .. 156.450 156.500 156.550 156.900 156.950 156.975 157.025 .. .. Intership only. Do. Intership only. Intership only. Digital Selective Calling 7015 156.525 156.525 Noncommercial 6817 ... 0916 ... 69 . 71 . 72 . 78A .. 79A ... 80A ... 6714 ... 156.425 156.450 156.475 156.575 156.625 156.925 156.975 157.025 156.375 156.425 156.450 156.475 156.575 .. 156.925 156.975 157.025 .. Intership only. Great Lakes only. Do. Intership only. Distress, Safety and Calling 16 . 156.800 156.800 Intership Safety 06 . 156.300 a. Intership, or b. For SAR: Ship and aircraft for the U.S. Coast Guard. Environmental 1513 .. 156.750 Coast to ship only. Maritime Control 179, 10 156.850 156.850 Liaison, U.S. Coast Guard 22A11 157.100 157.100 Ship, aircraft, and coast stations of the U.S. Coast Guard and at Lake Mead, Nev., ship and coast stations of the National Park Service, U.S. Department of the Interior. 156.050 MHz and 156.175 MHz are available for port operations and commercial communications purposes when used only within the U.S. Coast Guard designated Vessel Traffic Services (VTS) area of New Orleans, on the lower Mississippi River from the various pass entrances in the Gulf of Mexico to Devil's Swamp Light at River Mile 242.4 above head of passes near Baton Rouge. 2 156.250 MHz is available for port operations communications use only within the U.S. Coast Guard designated VTS radio protection areas of New Orleans and Houston described in  80.383. 3 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S. Coast Guard designated port areas only for VTS communications and in the Great Lakes available primarily for communications relating to the movement of ships in sectors designated by the St. Lawrence Seaway Development Corporation or the U.S. Coast Guard. The use of these frequencies outside VTS and ship movement sector protected areas is permitted provided they cause no interference to VTS and ship movement communications in their respective designated sectors. 4 Use of 156.875 MHz is limited to communications with pilots regarding the movement and docking of ships. Normal output power must not exceed 1 watt. 5 156.375 MHz and 156.650 MHz are available primarily for intership navigational communications. These frequencies are available between coast and ship on a secondary basis when used on or in the vicinity of locks or drawbridges. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts for coast stations or 25 watts for ship stations. 6 On the Great Lakes, in addition to bridge-to-bridge communications, 156.650 MHz is available for vessel control purposes in established vessel traffic systems. 156.650 MHz is not available for use in the Mississippi River from South Pass Lighted Whistle Buoy "2" and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge. Additionally it is not available for use in the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational Canal, except to aid the transition from these areas. 7 Use of 156.375 MHz is available for navigational communications only in the Mississippi River from South Pass Lighted Whistle Buoy "2" and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge, and in addition over the full length of the Mississippi River-Gulf Outlet Canal from entrance to its junction with the Inner Harbor Navigational Canal, and over the full length of the Inner Harbor Navigational Canal from its junction with the Mississippi River to its entry to Lake Pontchartrain at the New Seabrook vehicular bridge. 8 Within 120 km (75 miles) of the United States/Canada border, in the area of the Puget Sound and the Strait of Juan de Fuca and its approaches, 157.425 MHz is half of the duplex pair designated as Channel 88. In this area, Channel 88 is available to ship stations for communications with public coast stations only. More than 120 km (75 miles) from the United States/Canada border, in the area of the Puget Sound and the Strait of Juan de Fuca, its approaches, the Great Lakes, and the St. Lawrence Seaway, 157.425 MHz is available for intership and commercial communications. Outside Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is also available for communications between commercial fishing vessels and associated aircraft while engaged in commercial fishing activities. 9 When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training exercises conducted by state or local governments. 10 The frequency 156.850 MHz is additionally available to coast stations on the Great Lakes for transmission of scheduled Coded Marine Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions are permitted. Coast stations on the Great Lakes must cease weather broadcasts which cause interference to stations operating on 156.800 MHz until the interference problem is resolved. 11 The frequency 157.100 MHz is authorized for search and rescue training exercises by state or local government in conjunction with U.S. Coast Guard stations. Prior U.S. Coast Guard approval is required. Use must cease immediately on U.S. Coast Guard request. 12 The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications. 13 Available for assignment to coast stations, the use of which is in accord with an agreed program, for the broadcast of information to ship stations concerning the environmental conditions in which vessels operate, i.e., weather; sea conditions; time signals; notices to mariners; and hazards to navigation. 14 Available only in the Puget Sound and the Strait of Juan de Fuca. 15 The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital selective calling techniques. No other uses are permitted. 16 The frequency 156.450 MHz is available for intership, ship and coast general purpose calling by noncommercial vessels, such as recreational boats and private coast stations. 17 The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions as well as voice communications. * * * * * 26. Section 80.401 is amended to add publications appropriate for GMDSS ships. Subpart I Station Documents * * * * *  80.401 Station documents requirement. Licensees of radio stations are required to have current station documents as indicated in the following table: LEGEND: R = REQUIRED DOCUMENTS ¾¾¾¾¾¾¾® Radio Station Category S t a ti o n L ic e n s e A p p r o p ri a te O p e r a t o r A u t h o ri z a ti o n S t a ti o n L o g s A p p r o p ri a te S a f et y C o n v e n ti o n C e rt if ic a te C o m m u n ic a ti o n s A ct S a f et y C e rt if ic a te G r e a t L a k e s R a d i o A g r e e m e n t S a f et y C e rt if ic a te B ri d g e t o B ri d g e A ct S a f et y C e rt if ic a te P a r t 8 0 ; F C C R u l e s a n d R e g u l a t i o n s A l p h a b et ic a l L is t o f M a ri ti m e M o b il e C a ll S i g n s L is t o f S h i p S t a ti o n s M a n u a l f o r U s e b y M a ri ti m e M o b il e ( M / M ) S e r v ic e & M / M S a te ll it e S e r v ic e L is t o f C o a st S t a ti o n s L i s t o f R a d i o d e t e r m i n a t i o n a n d S p e c i a l S e r v i c e s S t a t i o n s S t a t i o n E q u i p m e n t R e c o r d s Shipboard: Telegraph; Title III, Part II/Safety Convention R1 R R R R R R R R R Telephone; Title III, Part II/Safety Convention R1 R R R R R R2 Telephone; Title III, Part II R1 R R R Telephone; Title III, Part III R1 R R R R Telephone; Great Lakes Radio Agreement R R R4 R4 Telephone; Bridge-to-Bridge Act R R R R Radar R On Board R R Voluntary R R Land: Public Coast (MF) R R R R R3 R3 R3 Public Coast (HF) R R R R R R R Public Coast (VHF) R R R R Private Coast R R Radio Determination R R Operational Fixed R R Maritime Support R R Alaska Public Fixed R R R Alaska Private Fixed R R Ship/Coast: Marine Utility R R Notes: 1. The expired station license must be retained in the station records until the first Commission inspection after the expiration date. 2. Alternatively, a list of coast stations maintained by the licensee with which communications are likely to be conducted, showing watch-keeping hours, frequencies and charges, is authorized. 3. Required only if station provides a service to ocean-going vessels. 4. Certification of a Great Lakes Agreement inspection may be made by either a log entry or issuance of a Great Lakes Agreement certificate. Radiotelephone logs containing entries certifying that a Great Lakes Agreement inspection has been conducted must be retained and be available for inspection by the FCC for 2 years after the date of the inspection. 27. Section 80.405 is amended by revising paragraph (a) to read as follows:  80.405 Station license. (a) Requirement. Stations must have an authorization granted by the Federal Communications Commission unless the station is licensed by rule as defined by Section 80. 13 (c) of this Part.. * * * * * 28. Section 80.409 is amended by revising paragraph (e) to read as follows:  80.409 Station logs. * * * * * (e) Ship radiotelephone logs. Logs of ship stations which are compulsorily equipped for radiotelephony must contain the following applicable log entries and the time of their occurrence: (1) A summary of distress communications heard, and urgency communications affecting the station's own ship; (2) A summary of safety communications on other than VHF channels affecting the station's own ship; (3) An entry that pre-departure equipment checks were satisfactory and that required publications are on hand. Daily entries of satisfactory tests to ensure the continued proper functioning of GMDSS equipment shall be made. (4) An entry describing any malfunctioning GMDSS equipment and another entry when the equipment is restored to normal operation. (5) A weekly entry that (1) the proper functioning of digital selective calling (DSC) equipment has been verified by actual communications or a test call, (2) the batteries or other reserve power sources are functioning properly, (3) the portable survival craft radio gear and radar transponders have been tested, and (4) the EPIRBs have been inspected. (6) The time of any inadvertent transmissions of distress, urgency and safety signals including the time and method of cancellation. (7) At the beginning of each watch, the Officer of the Deck, or GMDSS Operator on watch, if one is provided, shall ensure that the navigation receiver is functioning properly and is interconnected to all GMDSS alerting devices which do not have integral navigation receivers, including: VHF DSC, MF DSC, satellite EPIRB and HF DSC or INMARSAT SES. On a ship without integral or directly connected navigation receiver input to GMDSS equipment, the Officer of the Deck, or GMDSS Operator on watch, shall update the embedded position in each equipment. An appropriate log entry of these actions shall be made. (8) A GMDSS radio log entry shall be made whenever GMDSS equipment is exchanged or replaced (ensuring that ship MMSI identifiers are properly updated in the replacement equipment), when major repairs to GMDSS equipments are accomplished, and when annual GMDSS inspections are conducted. * * * * * 29. Section 80.415 is amended by revising the title and text as follows:  80.415 Publications. (a) The following publications listed in the table contained in  80.401 are published by the International Telecommunications Union (ITU): (1) Manual for Use of the Maritime Mobile and Maritime Mobile- Satellite Services. (2) List IV--List of Coast Stations. (3) List V--List of Ship Stations. (4) List VI--List of Radiodetermination and Special Services Stations. (5) List VII A--Alphabetical List of Call Signs of Stations Used by the Maritime Mobile Service, Ship Station Selective Call Numbers or Signals and Coast Station Identification Numbers or Signals. These publications may be purchased from: International Telecommunication Union, General Secretariat--Sales Section, Place des Nations, CH-1211 Geneva 20, Switzerland (b) The following publications listed in the table contained in  80.401 are available as follows: (1) IMO GMDSS Master Plan may be purchased from International Maritime Organization (IMO), Publications, 4 Albert Embankment, LonSEE SE1 7 SR, United Kingdom; telephone 011 44 71 735 7611. (2) U.S. NIMA Pub 117 (3) Admiralty List of Radio Signals Volume 5 Global Maritime Distress and Safety System 30. Section 80.807 is amended by revising paragraphs (a)(5) and (b)(3) to read as follows: Subpart Q Compulsory Radiotelegraph Installations for Vessels 1600 Gross Tons * * * * *  80.807 Requirements of radiotelephone installation. * * * * * (a) * * * * * (5) This transmitter may be contained in the same enclosure as the receiver required by paragraph (b) of this section. These transmitters may have the capability to transmit J2D or J3E transmissions. (b) * * * * * (3) This receiver may be contained in the same enclosure as the transmitter required by paragraph (a) of this section. These receivers may have the capability to receive J2D or J3E transmissions. * * * * * 31. Section 80.905 is amended to read as follows: Subpart S Compulsory Radiotelephone Installations for Small Passenger Boats * * * * *  80.905 Vessel radio equipment. (a) * * * * * (1) Vessels operated solely within the communications range of a VHF public coast station or U.S. Coast Guard station that maintains a watch on 156.800 MHz while the vessel is navigated must be equipped with a VHF-DSC radiotelephone installation. Vessels in this category must not operate more than 20 nautical miles from land. (2) Vessels operated beyond the 20 nautical mile limitation specified in paragraph (a)(1) of this section, but not more than 100 nautical miles from the nearest land, must be equipped with a MF-DSC transmitter capable of transmitting J3E emission and a receiver capable of reception of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF-DSC radiotelephone installation required by paragraph (a)(1) of this section. The MF-DSC transmitter and receiver must be capable of operation on 2670 kHz. (3) Vessels operated more than 100 nautical miles but not more than 200 nautical miles from the nearest land must: (i) Be equipped with a VHF-DSC radiotelephone installation; (ii) Be equipped with an MF-DSC radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section; and * * * * * (vii) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations, Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax 212-668-7684; rkenney@batteryny.uscg.mil. (4) Vessels operated more than 200 nautical miles from the nearest land must: (i) Be equipped with two VHF-DSC radiotelephone installations; (ii) Be equipped with an MF-DSC radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section; * * * * * (ix) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations, Battery Park Building, New York, NY 10004. Phone 212-668-7764; Fax 212-668-7684; rkenney@batteryny.uscg.mil. (b) For a vessel that is navigated within the communication range of a VHF public coast station or U.S. Coast Guard station, but beyond the 20 nautical mile limitation specified in paragraph (a)(1) of this section, an exemption from the band 1605 to 2850 kHz installation requirements may be granted if the vessel is equipped with a VHF-DSC transmitter and receiver. An application for exemption must include a chart showing the route of the voyage or the area of operation of the vessel, and the receiving service area of the VHF public coast or U.S. Coast Guard station. The coverage area of the U.S. Coast Guard station must be based on written information from the District Commander, U.S. Coast Guard, a copy of which must be furnished with the application. The coverage area of a public coast station must be computed by the method specified in subpart P of this part. (c) * * * * * (d) A VHF-DSC radiotelephone installation or a remote unit must be located at each steering station except those auxiliary steering stations which are used only during brief periods for docking or for close-in maneuvering. A single portable VHF-DSC radiotelephone set meets the requirements of this paragraph if adequate permanent mounting arrangements with suitable power provision and antenna feed are installed at each operator steering station. Additionally, for vessels of more than 100 gross tons, the radiotelephone installation must be located at the level of the main wheelhouse or at least one deck above the vessel's main deck. 32. Section 80.933 is amended by revising paragraph (c) introductory text to read as follows:  80.933 General small passenger vessel exemptions. * * * * * (c) U.S. passenger vessels of less than 100 gross tons operated on domestic or international voyages are exempt from the radiotelegraph requirements of Part II of Title III of the Communications Act and the MF radiotelephone requirements of this subpart until six months after the Coast Guard notifies the Commission that shore-based Sea Area A1 and A2 coverage is established, if the following criteria are fully met: * * * * 33. Section 80.1053 is amended by revising the text to read as follows: Subpart V Emergency Position Indicating Radiobeacons (EPIRBs) * * * * *  80.1053 Special requirements for Class A EPIRB stations. Class A EPIRBs shall not be manufactured, imported, or sold in the United States on or after February 1, 2003. Class A EPIRB stations installed on board vessels before February 1, 2003 may be used until December 31, 2006, and not thereafter. New Class A EPIRBs will no longer be certified by the Commission. (a) * * * * * * * * * 34. Section 80.1055 is amended by revising the text to read as follows:  80.1055 Special requirements for Class B EPIRB stations. Class B EPIRBs shall not be manufactured, imported, or sold in the United States on or after February 1, 2003. Class B EPIRB stations installed on board vessels before February 1, 2003 may be used until December 31, 2006, and not thereafter. New Class B EPIRBs will no longer be certified by the Commission. (a) * * * * * * * * * 35. Section 80.1057 is amended by removing and reserving this section.  80.1057 [Reserved] 36. Section 80.1059 is amended by revising the text to read as follows:  80.1059 Special requirements for Class S EPIRB stations. Class S EPIRBs shall not be manufactured, imported, or sold in the United States on or after February 1, 2003. Class S EPIRB stations installed on board vessels before February 1, 2003 may be used until December 31, 2006, and not thereafter. New Class S EPIRBs will no longer be certified by the Commission. (a) * * * * * * * * * 37. Section 80.1061 is amended by revising the text to read as follows:  80.1061 Special requirements for 406.025 MHz EPIRB stations. (a) Notwithstanding the provisions in paragraph (b) of this section, 406.025 MHz EPIRBs must meet all the technical and performance standards contained in the Radio Technical Commission for Maritime Services document titled ``RTCM Recommended Standards for 406 MHz Satellite Emergency Position-Indicating Radiobeacons (EPIRBs)'' dated July 31, 1987, with editorial updates of December 31, 1987 (RTCM Recommended Standards). This RTCM document is incorporated by reference in accordance with 5 U.S.C. 552(a). The document is available for inspection at Commission headquarters in Washington, D.C. or may be obtained from the Radio Technical Commission for Maritime Services, 1800 Diagonal Road, Suite 600, Alexandria, VA 22314. Phone 703-684-4481; Fax 703-684-4229; email wtadams@rtcm.org. (b) * * * * * (c) Prior to submitting a certification application for a 406 MHz radiobeacon, the radiobeacon must be certified by a test facility recognized by one of the COSPAS/SARSAT Partners that the equipment satisfies the design characteristics associated with the measurement methods described in Appendix B of the RTCM Recommended Standards. Additionally, the radiobeacon must be certified by a test facility recognized by the U.S. Coast Guard to certify that the equipment complies with the U.S. Coast Guard environmental and operational requirements associated with the test procedures described in Appendix A of the RTCM Recommended Standards. Information regarding the recognized test facilities may be obtained from Commandant (G-MVI), U.S. Coast Guard, 2100 2nd Street SW, Washington, DC 20593-0001. (1) After a 406.025 MHz EPIRB has been certified by the recognized test facilities the following information must be submitted in duplicate to the Commandant (G-MVI), U.S. Coast Guard, 2100 2nd Street SW, Washington, DC 20593-0001: * * * * * 38. Section 80.1073 is amended to read as follows: Subpart W Global Maritime Distress and Safety System (GMDSS) * * * * *  80.1073 Radio operator requirements for ship stations. (a) Ships must carry at least two persons holding GMDSS Radio Operator's Licenses as specified in  13.2 of this chapter for distress and safety radiocommunications purposes. The GMDSS Radio Operator's License qualifies personnel as GMDSS radio operator for the purposes of operating GMDSS radio installation, including basic equipment adjustments as denoted in knowledge requirements specified in  13.21 of this chapter. (1) A qualified GMDSS radio operator must be designated to have primary responsibility for radiocommunications during distress incidents, except if the vessel operates in Sea Area A1 exclusively, in which case a qualified restricted radio operator may be so designated. (2) A second qualified GMDSS radio operator or restricted GMDSS radio operator must be designated as backup for distress and safety radiocommunications. (b) A qualified GMDSS radio operator, and a qualified backup, as specified in paragraph (a) of this section, must be: (1) Available to act as the dedicated radio operator in cases of distress as described in  80.1109(a); (2) Designated to perform as part of normal routine each of the applicable communications described in  80.1109(b); (3) Responsible for selecting HF DSC guard channels and receiving scheduled maritime safety information broadcasts; (4) Designated to perform communications described in  80.1109(c); (5) Responsible for ensuring that the watches required by  80.1123 are properly maintained; and (6) Responsible for ensuring that the ship's navigation position is entered, either manually or automatically through a navigation receiver, into all installed DSC equipment at least every four hours while the ship is underway. 39. Section 80.1074 is amended by deleting paragraph (b), redesignating paragraphs (c) and (d) as (b) and (c), and revising paragraph (a) to read as follows:  80.1074 Radio maintenance personnel for at-sea maintenance. (a) Ships that elect the at-sea option for maintenance of GMDSS equipment (see  80.1105) must carry at least one person who qualifies as a GMDSS radio maintainer for the maintenance and repair of equipment specified in this subpart. This person may be, but need not be, the person designated as GMDSS radio operator as specified in  80.1073 of this part. * * * * * 40. Section 80.1077 is amended to read as follows:  80.1077 Frequencies. The following table describes the frequencies used in the Global Maritime Distress and Safety System: Alerting: 406 EPIRBs.............................. 406-406.1 MHz (Earth-to-space). 1544-1545 MHz (space-to-Earth). INMARSAT Ship Earth Stations capable of voice and/or direct printing...................... 1626.5-1645.5 MHz (Earth-to-space). * * * * * 41. Section 80.1083 is amended by adding a new paragraph (d) to read as follows:  80.1083 Ship radio installations. * * * * * (d) A Shipborne Integrated Radiocommunication System (IRCS) may be utilized to integrate all GMDSS equipment into a standard operator's console. Such installation must be type accepted in accordance with  80.1103 and meet the requirements of IMO Assembly Resolution A.811(19). 42. Section 80.1085 is amended by revising paragraph (d) and adding a new paragraph (e) to read as follows:  80.1085 Ship radio equipment--General. * * * * * (d) Ships must carry either the most recent edition of the IMO publication entitled GMDSS Master Plan of Shore-Based Facilities, the U.S. NIMA Publication 117, or the Admiralty List of Radio Signals Volume 5 Global Maritime Distress and Safety System. Notice of new editions will be published on the Commission's Wireless Telecommunications Bureau web page under Marine Services and information will be provided about obtaining the new document. (e) All GMDSS equipment capable of transmitting an automatic distress alert which includes position of the ship must have either an integral navigation receiver or capability of being connected to an external navigation receiver. If an external navigation receiver is installed, it shall be connected to all of the alerting devices referred to above. If there is no navigation receiver, the position must be entered manually for each alerting device at least once every 4 hours (at the change of the navigation watch). 43. Section 80.1091 is amended to add a note at the end of paragraph (a)(4)(iii) to read as follows:  80.1091 Ship radio equipment -- Sea areas A1, A2, and A3. (a) * * * * * (4) * * * * * (iii) * * * * * Note -- For ships subject to this subpart, sailing only in domestic waters, alternative satellite system fitting may be considered. However, the satellite system fitted must comply with all features of the INMARSAT system for its intended function. These are shown in IMO Assembly Resolution A.801(19) Annex 5 Criteria for Use When Providing Inmarsat Shore-Based Facilities for Use in the GMDSS. In any case, the alternative satellite system must provide continuous coverage for all sea areas in which the ship intends to sail. 44. Section 80.1099 is amended by revising paragraph (f)(2) to read as follows:  80.1099 Ship sources of energy. * * * * * (f) * * * * * (2) Battery charge levels should be checked at intervals of 30 days or less with equipment turned ON and the battery charger turned OFF. Portable equipment with primary batteries such as EPIRBs and SARTs should be checked at the same intervals using methods recommended by the manufacturer. The results of battery checks should be recorded in the radio log. * * * * * 45. Section 80.1101 is revised to read as follows:  80.1101 Performance standards. (a) * * * * * (2) International Telecommunication Union - Telecommunication Standardization Bureau (ITU-T). * * * * * (5) International Telecommunication Union - Radiocommunication Bureau (ITU-R). (b) * * * * * (2) ITU-T Recommendation E.161, ``Arrangement of Figures, Letters and Symbols on Telephones and Other Devices that Can Be Used for Gaining Access to a Telephone Network,'' 1989. (3) ITU-T Recommendation Q.11, ``Numbering Plan for the International Telephone Service,'' 1989. * * * * * (c) * * * * * (1) * * * * * (ii) ITU-R Recommendation M.540-2, ``Operational and Technical Characteristics for an Automated Direct-printing Telegraph System for Promulgation of Navigational and Meteorological Warnings and Urgent Information to Ships,'' 1990. (2) VHF radio equipment: (i) IMO Resolution A.803(19), ``Performance Standards for Shipborne VHF Radio Installations Capable of Voice Communication and Digital Selective Calling,'' adopted 23 November 1995. (ii) ITU-R Recommendation M.493-9, ``Digital Selective-calling System for use in the Maritime Mobile Service,'' 1997, and ITU-R Recommendation M.541-8, "Operational procedures for the use of digital selective-calling equipment in the maritime mobile service," 1997. (3) MF radio equipment: (i) IMO Resolution A.804(19), ``Performance Standards for Shipborne MF Radio Installations Capable of Voice Communication and Digital Selective Calling,'' adopted 23 November 1995. (ii) ITU-R Recommendation M.493-9, ``Digital Selective-calling System for use in the Maritime Mobile Service,'' 1997, and ITU-R Recommendation M.541-8, "Operational procedures for the use of digital selective-calling equipment in the maritime mobile service," 1997. (4) MF/HF radio equipment: (i) IMO Resolution A.806(19), ``Performance Standards for Shipborne MF/HF Radio Installations capable of Voice Communication, Narrow-band Direct Printing and digital Selective Calling,'' adopted 23 November 1995. (ii) ITU-R Recommendation M.493-9, ``Digital Selective-calling System for use in the Maritime Mobile Service,'' 1997, and ITU-R Recommendation M.541-8, "Operational procedures for the use of digital selective-calling equipment in the maritime mobile service," 1997. (iii) ITU-R Recommendation M.625-3, ``Direct-printing Telegraph Equipment Employing Automatic Identification in the Maritime Mobile Service,'' 1995. Equipment may conform to ITU-R Recommendation M.476-5, ``Direct-Printing Telegraph Equipment in the Maritime Mobile Service,'' 1995, in lieu of ITU-R Recommendation M.625-3, where such equipment was installed on ships prior to February 1, 1993. * * * * * (5) 406 MHz EPIRBs: (i) IMO Resolution A.810(19), ``Performance Standards for Float-free Satellite Emergency Position-indicating Radio Beacons (EPIRBs) Operating on 406 MHz,'' adopted 23 November 1995, and IMO Resolution A.812(19), ``Performance Standards for Float-free Satellite Emergency Position-indicating Radio Beacons Operating Through the Geostationary INMARSAT Satellite System on 1.6 GHz, adopted 23 November 1995. (ii) * * * * * (iii) ITU-R Recommendation M.633-1, ``Transmission Characteristics of a Satellite Emergency Position-indicating Radiobeacon (Satellite EPIRB) System Operating Through a Low Polar-orbiting Satellite System in the 406 MHz Band,'' 1990. (iv) * * * * * (6) 9 GHz radar transponders: (i) IMO Resolution A.802(19), ``Performance Standards for Survival Craft Radar Transponders for Use in Search and Rescue Operations,'' adopted 23 November 1995. (ii) ITU-R Recommendation M.628-1, Technical Characteristics for Search and Rescue Radar Transponders,'' 1997. (7) Two-way VHF radiotelephone: IMO Resolution A.809(19), ``Performance Standards for Survival Craft Two-way VHF Radiotelephone Apparatus,'' adopted 23 November 1995. (8) INMARSAT Ship Earth Station Capable of Two Way Communications: IMO Resolution A.808(19), ``Performance Standards for Ship Earth Stations Capable of Two-way Communications,'' adopted 23 November 1995. (9) INMARSAT-C SES: IMO Resolution A.807(19), ``Performance Standards for INMARSAT Standard-C Ship Earth Stations Capable of Transmitting and Receiving Direct-printing Communications,'' adopted 23 November 1995. (10) * * * * * (d) * * * * * (1) * * * * * (i) * * * * * (ii) IMO Resolutions A.802(19), A.803(19), A.804(19), A.810(19), A.806(19), A.807(19), A.808(19), 811(19) and A.812(19) are contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 19th Session, 1995, (IMO, London, 1988), Sales Number IMO-- 194E ISBN No. 91-801-1416-6. (iii) IMO Resolutions A.662(16) and A.664(16) are contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 16th Session, 1989, (IMO, London, 1990), Sales Number 136 90.04.E (iv) IMO Resolutions A.694(17), and A.700(17) are contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 17th Session, 1991, (IMO, London, 1991, Sales Number IMO-142E ISBN No. 91-801-1281-3. (2) ITU-R Recommendations, ITU Radio Regulations, and ITU-T publications can be purchased from the International Telecommunications Union (ITU), Place des Nations, CH-1211 Geneva 20, Switzerland. (i) All ITU-R Recommendations referenced in this section are contained in Recommendations of the ITU-R, Volume M series parts 3, 4, and 5. (ii) ITU-T Recommendation E.161 is contained in Facicle II.2 Volume II -- Telephone Network and ISDN Operation, Numbering, Routing and Mobile Service, (ITU, Geneva, 1989, revised in 1993 and 1995)., (iii) ITU-T Recommendation Q.11 is contained in Facicle VI.1 Volume II Numbering Plan for the International Telephone Service, (ITU, Geneva, 1989), (3) IEC publications can be purchased from the International Electrotechnical Commission, 3 Rue de Varembe, CH-1211 Geneva 20, Switzerland, or from the American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900 (4) ISO Standards can be purchased from the International Organization for Standardization, 1 Rue de Varembe, CH-1211 Geneva 20, Switzerland, or from the American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900. (5) Copies of the publications listed in this section that are incorporated by reference may be inspected at the Federal Communications Commission, 445 12th Street, SW, (room CY-A257), Washington, DC, or at the Office of the Federal Register, 800 North Capital Street, NW., suite 700, Washington, DC. 46. Section 80.1111 is amended by revising paragraph (d) to read as follows:  80.1111 Distress alerting. * * * * * (d) All stations which receive a distress alert transmitted by digital selective calling must immediately cease any transmission capable of interfering with distress traffic and must continue watch on the digital selective call distress calling channel until the call has been acknowledged to determine if a coast station acknowledges the call using digital selective calling. Additionally, the station receiving the distress alert must set watch on the associated distress traffic frequency for five minutes to determine if distress traffic takes place. The ship can acknowledge the call using voice or narrowband direct printing as appropriate on this channel to the ship or to the rescue authority. 47. Section 80.1113 is amended by revising paragraphs (b) and (d) to read as follows:  80.1113 Transmission of a distress alert. * * * * * (b) The format of distress calls and distress messages must be in accordance with ITU-R Recommendation M.493 as specified in  80.1101. * * * * * (d) Ship-to-ship distress alerts are used to alert other ships in the vicinity of the ship in distress and are based on the use of digital selective calling in the VHF and MF bands. The HF bands should not be used to notify ships in the vicinity unless no response is received within 5 minutes on VHF or MF. * * * * * 48. Section 80.1117 is amended by revising paragraph (a) as follows:  80.1117 Procedure for receipt and acknowledgement of distress alerts. (a) Normally, distress calls received using digital selective calling are only acknowledged using a DSC acknowledgement by a coast station. Ships should delay any acknowledgement in order to give sufficient time for a coast station to acknowledge the call. In cases where no acknowledgement has been heard and no distress traffic has been heard, the ship should transmit a distress alert relay to the coast station. Upon advice from the Rescue Coordination Center, the ship may transmit a DSC acknowledgement call to stop it from being repeated. Acknowledgement by digital selective calling of receipt of a distress alert in the terrestrial services must comply with ITU-R Recommendation M.541, which is incorporated by reference. * * * * * 49. Section 80.1121 is amended by revising paragraphs (b), (c), and (d) to read as follows:  80.1121 Receipt and acknowledgement of distress alerts by ship stations and ship earth stations. * * * * * (b) For VHF and MF, ships in receipt of a distress alert shall not transmit a distress alert relay, but should listen on the distress traffic channel for 5 minutes and, if appropriate, acknowledge the alert by radiotelephony to the ship in distress and inform the coast station and/or Rescue Coordination Center. Distress alert relays to "all ships" on these bands may only be sent by a ship who has knowledge that another ship in distress, is not itself able to transmit the distress alert, and the Master of the ship considers that further help is necessary. (c) For HF, ships in receipt of a distress alert shall listen on the distress traffic channel for 5 minutes. If no distress communications are heard and if the call is not acknowledged by a coast station, the ship shall transmit a distress relay on HF to the coast radio station and inform the Rescue Coordination Center. Distress alert relays to *all Ships* on HF may only be sent by a ship who has knowledge that another ship in distress is not itself able to transmit the distress alert and the Master of the ship considers that further help is necessary. (d) In cases where distress alert continues to be received from the same source, the ship may, after consultation with the Rescue Coordination Center, transmit a DSC acknowledgment to terminate the call. * * * * * 50. Section 80.1123 is amended by revising paragraph (c) to read as follows:  80.1123 Watch requirements for ship stations. * * * * * (c) Until February 1, 2005, every ship while at sea must maintain, when practicable, a continuous listening watch on VHF Channel 16. This watch must be kept at the position from which the ship is normally navigated or at a position which is continuously manned. * * * * *