WPC: 2J BNLZTimes Roman3|f#&a\  P6G;x&P#"S^2CRddCCCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$8YYdCCddooCYȾ%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%n%%%%%%%%%%7O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O1O1I1I1I1I1O7C1C1C1C1O7O7O7O7O7O7O7%7%7%%%7+%O7CC%C%C%CO7O7O7O7O7bOI%I%I%=+=+=+=+C%C%C%O7O7O7O7hOO7C1C1N'27%177777"SS7!TT7S!117n%%77l==n%1ni!t>><<>>mBBs,>[N6-msTN[TTTH_<1CP& &BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2* ' f( ))a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 2M.*+},}-a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  20.//;0a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2311|23a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 29334e8V9Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:ԍxThe IMO and the ITU are both agencies of the United Nations. The IMO establishes regulations for the  xmaritime service, such as equipment carriage requirements, for certain categories of ships. The ITU establishes regulations for radio matters, such as operating procedures and frequency allotments. ~ In 1988, the IMO adopted amendments to the Safety of Life at Sea  S- (SOLAS) Convention to fully implement the GMDSS internationally by February 1, 1999.  {O -  ԍxSee Final Acts of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, on the Global Maritime Distress and Signalling System, London, 1988. In 1992, the  Commission adopted rules implementing the GMDSS for United States vessels, requiring that they be  S- equipped with a full complement of GMDSS equipment by February 1, 1999.f  {O$-ԍxSee 47 C.F.R. 80.1065 et seq. See also, GMDSS Order, 7 FCC Rcd at 951. On November 20, 1998, the  Commission temporarily waived certain of the GMDSS rules as they apply to fishing vessels and small  S<- =passenger vessels that make short voyages in certain narrowlydefined waters.<  yO'-  ԍxWaiver of Certain Global Maritime Distress and Safety System (GMDSS) Rules Applicable to Fishing  {O(-Vessels and Small Passenger Vessels, Order, FCC 98296 (rel. Nov. 20, 1998). The waiver temporarily"<R , * *,,"  relieved the referenced vessels from compliance with the rules that require carriage of VHF, MF or HF radios  S-with Digital Selective Calling (DSC) capability or an INMARSAT ship earth station.q {O5-ԍxSee 47 C.F.R.  80.1087, 80.1089, 80.1091, 80.1093.q  Sg-x II. ` ` WAIVER REQUEST  S- Lx2. By letter dated May 1, 1998, MSRC requested waiver of the following provisions of the  Commission's rules: 47 C.F.R.  80.1073 (radio operator requirements for ship stations); 47 C.F.R.  80.1087  S- (required equipment for Sea Area A1,Z yO -  kԍxSea Area A1 constitutes an area, defined by the International Maritime Organization (IMO) within which  {O] -radio coverage from at least one VHF coast station, with DSC, is available. See 47 C.F.R.  80.1069(a)(1).,); 47 C.F.R.  80.1089 (required equipment for Sea Areas A1 and A2 yO -  zԍxSea Area A2 constitutes an area, excluding Sea Area A1, defined by the IMO, within which radio coverage  {O -from at least one MF coast station, with DSC, is available. See 47 C.F.R.  80.1069(a)(2).);  Sh- .47 C.F.R.  80.1091 (required equipment for Sea Areas A1, A2 and A3 h yO-   ԍxSea Area A3 constitutes an area, excluding Sea Areas A1 and A2, within the coverage of an INMARSAT  {O-geostationary satellite. See 47 C.F.R.  80.1069(a)(3).); 47 C.F.R.  80.1093 (required  S5- <equipment for Sea Areas A1, A2, A3 and A4 5h  yO=-ԍxSea Area A4 constitutes an area outside Sea Areas A1, A2, and A3; in general, the polar regions.). 5  yO-  !ԍxLetter from George Dowell, Senior Technical Services Engineer, MSRC to Michael Wilhelm, Federal Communications Commission, May 1, 1998 (MSRC Waiver Request). In brief, MSRC wishes to be relieved of the requirements  Lto carry licensed GMDSS radio operators aboard its vessels and the GMDSS equipment specified in the  Commission's Rules and defined by the IMO for the various Sea Areas. MSRC submits that its Oil Spill  -Response Vessels (OSRV) operate in the coastal area of the United States and are authorized by the United  Si - States Coast Guard for operation in "oceans, not for international voyage" out to 200 miles.J i P  yOY-ԍxMSRC Waiver Request at 1.J MSRC also  states that the vessels generally remain in port except when responding to oil spills or when monthly training  exercises are underway. According to MSRC, the OSRVs have responded to only 10 oil spills, most of which  have been near the shore line. MSRC states that the training exercises which it conducts last for 8 to 12  S -hours, one or two days a month and normally are conducted within 20 miles of a harbor or river sea buoy.J  {O-ԍxSee id. at 1.J  Lx3. MSRC represents that each OSRV carries two marine radars, a NAVTEX receiver for reception  of weather information, cellular telephones, one VHF marine radio without Digital Selective Calling (DSC)  capability, two VHF marine radios with DSC capability, two HF radios, a 2182 kHz watch receiver, a dual  American Mobile Satellite Corporation (AMSC) satellite earth station (SES), an Emergency Position Indicator  Sk- [Radio Beacon (EPIRB), handheld VHF transceivers which are GMDSScertified (type accepted), a radar  transponder, aircraft radio transceivers, a commercial VHF transceiver, a commercial UHF transceiver and  S-various navigation equipment including a Global Positioning Satellite (GPS) receiver and a LORAN receiver.Ir {O&-ԍxId. at Attachment.I ",l(l(,,C"Ԍ S-x III.` ` DISCUSSION  S- L x4. In support of its waiver request, MSRC relies on Section 80.1071 of the Commission's Rules, 47  KC.F.R.  80.1071, which permits exemption from specific GMDSS rules provided there is no material effect  on the general efficiency of the service for the safety of all ships. The rule also provides that an exemption  ,is warranted only when the applicability of certain enumerated GMDSS rules would render the full application  S- Kof those rules, "unreasonable, unnecessary or not in the public interest."M yO6-ԍx47 C.F.R. 80.1071(b)(1).M We note, as an initial matter, that Section 80.1073 of the Rules is not one of the enumerated rules for which an exemption may be granted.  S5- Lx5. Further, as noted supra, the Commission has granted waivers of certain GMDSS rules to fishing  vessels and small passenger vessels. In the case of fishing vessels, the waiver was granted pending conclusion  of a rule making proceeding directed to determining whether there are operational characteristics of the fishing  fleet or other factors that merit a change in the GMDSS equipment that must be carried by fishing vessels.  The waiver for small passenger vessels on defined routes was issued because such vessels sail on short  voyages in protected waters and, in the past, have been relieved from the radio carriage requirements imposed  S - -on larger vessels in other waters.H\ X {O-  0ԍxSee Amendment of Part 80 of the Commission's Rules Concerning the General Exemption for Large  {O- xiOceangoing Cargo Vessels and Small Passenger Vessels, WT Docket No. 93-133, Report and Order, FCC 95-447 (rel. November 8, 1995).H The waiver regarding small passenger vessels will expire when the Coast  Guard has notified the Commission that Sea Areas A1 and A2 which have not yet been activated have  S -been established in the United States.C | {O-ԍxId.` ` C  L\x6. After a review of MSRC's waiver request, we are not persuaded that the relatively short time that  /the OSRVs may be at sea constitutes a sufficient reason for exempting the vessels from the GMDSS  requirements. Neither the SOLAS Convention nor our Rules contemplate making GMDSS rule compliance  Ma function of the time a vessel is at sea. Indeed, given their assigned role of oil spill recovery, and the  frequent connection between oil spills and maritime disasters, it would appear that the OSRVs may be at sea at a time when safetyrelated GMDSS communications are most needed.  L>x7. MSRC urges that its extensive array of communications equipment, including the AMSC satellite  ,terminals and its cellular telephone facilities should be deemed a substitute for the GMDSS equipment required  by the Rules. In that regard, we note that the Commission previously has considered but rejected the AMSC  S:- satellite system as a substitute for the INMARSAT satellite system used in the GMDSS.5\: {O-  ԍxSee GMDSS Order, 7 FCC Rcd at 960. Equipment used in the INMARSAT space segment must be type  {O -approved by INMARSAT and notified to the Commission as being suitable for GMDSS use. See 47 C.F.R.  80.1103(a).5 Similarly, the  Commission has rejected the use of cellular telephones as a substitute for marine distress and safety  S- communications.I\2  {O$-  0ԍxSee Amendment of the Maritime Service Rules (Part 80) to Revise the General Exemption for Small  {Op%- xPassenger Vessels Operated on Domestic Voyages, PR Docket No. 90134, Memorandum Opinion and Order, 7 FCC Rcd 4582, 4583 (1992).I We also note that, of the equipment listed by MSRC, the only units claimed to have DSC  xcapability are two VHF marine radios. As a consequence, the OSRV's would not have DSC capability when"V ,l(l(,,k"  joutside of VHF coverage range, which is approximately defined by line of sight. As the Commission has noted previously:  ` XxX` ` DSC radios are fundamentally different from conventional marine radios. For  ` 4example, conventional marine radios rely on an operating protocol by which vessel  ` operators monitor a calling channel and respond to calls from other stations. Marine  ` radios using DSC technology, however, place and receive radio calls automatically  ` using vessel and group identities similar to telephone numbers. Further, DSC  ` technology automates the transmission of distress messages and is capable of sending  S5-the vessel's location along with the distress signal.5 yO -  zԍxAmendment of the Commission's Rules Concerning Maritime Communications, WT Docket No. 92257,  {Oe -Report and Order, 12 FCC Rcd 16949, 16966 n. 81 (1997).!`  Thus, lacking DSC capability on their MF and HF radio equipment, the crew of the OSRVs would lack the  ability to make immediate contact and to send automated location information directly to a coast station or  Za DSCequipped vessel in the event of an emergency. Indeed, under MSRC's proposal there is no assurance  that even communications on its DSCcapable VHF radios would be GMDSScompliant inasmuch as MSRC  S -proposes that it be relieved of the requirement that two of its crew hold GMDSS Operator's Licenses.iZ " {O-  >ԍxSee MSRC Waiver Request at 2. 47 C.F.R.  80.1073 requires ships to carry at least two persons holding  xGMDSS Operator's Licenses one of whom must be designated the primary operator, the other the backup operator, responsible for communications during distress incidents.i  L0x8. In sum, we are unable to find that the alternative equipment proposed by MSRC is at least as  Sj- effective at providing distress and safety communications as that required by the SOLAS Convention.E\jD {ON-  0ԍxC.f. Amendment of Part 80 of the Commission's Rules Concerning the General Exemption for Large  {O- xOceangoing Vessels and Small Passenger Vessels, WT Docket No. 93133, Report and Order, 10 FCC Rcd 12199, 12202 (1995).E  -Moreover, we do not find it unreasonable, unnecessary or otherwise not in the public interest to require the  OSRVs to conform to the Commission's GMDSS requirements. In fact, we believe that compliance with such  Zrequirements is critical to assuring the safety of MSRC vessels and the ship and land stations that may have  Kthe occasion to communicate with them in during an emergency or crisis. Accordingly, the waiver requested by MSRC is denied.  S-x IV.` ` ORDERING CLAUSE  S- Lx9. For the reasons set forth above, the request of the Marine Spill Response Corporation for a waiver of Sections 80.1073, 80.1087, 80.1089, 80.1091, and 80.1093 of the Commission's Rules IS DENIED.  Ll x 10. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x x x x` `  hh@D'wana R. Terry x` `  hh@Chief, Public Safety and Private Wireless Division x` `  hh@Wireless Telecommunications Bureau  S-  :&;G  :&;G