Maritime Communications, 31192-31194 [E7-10724]
Download as PDF
31192
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13.
Ordering Clauses
11. Pursuant to the Section 1, 4, 301,
302(a), and 303, of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154, 301, 302(a), and 303, the
Memorandum Opinion and Order is
adopted, and part 2 of the Commission’s
Rules is amended as specified in the
attached appendix, and will become
effective 30 days after publication in the
Federal Register.
12. The petition for clarification filed
by Cisco Systems, Inc. is hereby granted.
This action is taken pursuant to the
authority contained in Sections 4(i),
301, 302, 303(e), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301,
302, 303(e), 303(f), and 303(r).
13. The petition for reconsideration
filed by Marcus Spectrum Solutions is
hereby granted in part and denied in
part. This action is taken pursuant to the
authority contained in Sections 4(i),
301, 302, 303(e), 303(f), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301,
302, 303(e), 303(f), and 303(r).
14. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Memorandum Opinion and Order,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 2
Communications equipment, Radio,
Reporting, and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 2 to
read as follows:
I
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
I
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Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
Section 2.1(c) is amended by revising
the definition of ‘‘software defined
radio’’ to read as follows:
§ 2.1
Terms and definitions.
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16:31 Jun 05, 2007
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(c) * * *
Software defined radio. A radio that
includes a transmitter in which the
operating parameters of frequency
range, modulation type or maximum
output power (either radiated or
conducted), or the circumstances under
which the transmitter operates in
accordance with Commission rules, can
be altered by making a change in
software without making any changes to
hardware components that affect the
radio frequency emissions. In
accordance with § 2.944 of this part,
only radios in which the software is
designed or expected to be modified by
a party other than the manufacturer and
would affect the above-listed operating
parameters or circumstances under
which the radio transmits must be
certified as software defined radios.
*
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*
[FR Doc. 07–2684 Filed 6–5–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 20 and 80
[WT Docket No. 04–257; FCC 07–87]
Maritime Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission or FCC) amends its rules
to afford licensees of VHF Public Coast
(VPC) stations and Automated Maritime
Telecommunications System (AMTS)
stations additional operational
flexibility to provide service to units on
land. Specifically, the Commission
adopts rule changes to permit VPC and
AMTS licensees to offer private
correspondence service to units on land,
i.e., private land mobile radio (PLMR)
service, in addition to the public
correspondence service they already are
authorized to provide to units on land.
These rule amendments will enable VPC
and AMTS licensees to compete more
effectively against other commercial
mobile radio service providers; facilitate
more efficient use of VPC and AMTS
spectrum; and provide an additional
means to meet growing demand for
spectrum by PLMR licensees and end
users, including public safety and
critical infrastructure industry entities.
The Commission also believes that the
core purpose for which these
frequencies have been allocated is to
serve the communications needs of
marine vessels, especially with respect
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Fmt 4700
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to communications in support of the
safety of life and property at sea and on
inland waterways.
DATES: Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Mobility Division, Wireless
Telecommunications Bureau, (202) 418–
1617, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Report
and Order in WT Docket No. 04–257
(Report and Order), FCC 07–87, adopted
on May 9, 2007, and released on May
10, 2007. The full text of this document
is available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street,
SW., Washington, DC 20554. The
complete text may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. The Report and Order addresses
issues raised in the Notice of Proposed
Rule Making (NPRM) in this WT Docket
No. 04–257 proceeding. The
Commission takes the following
significant actions in the Report and
Order: (i) Authorizes VPC and AMTS
licensees to provide private
correspondence service to units on land;
(ii) specifies that AMTS stations
providing private land mobile radio
service do not have to be interconnected
to the public switched telephone
network, but retains that
interconnection requirement for AMTS
stations providing commercial mobile
radio service; (iii) clarifies that VPC and
AMTS licensees providing service to
units on land must continue to ensure
that maritime communications have
priority, while also clarifying that a
licensee’s practice of dedicating
separate channels for land mobile
communications, on the one hand, and
maritime communications, on the other,
does not necessarily satisfy the maritime
priority requirement although it may
satisfy the requirement in certain
circumstances; (iv) declines to permit
VPC and AMTS licensees to provide
service to units on land pursuant to
regulations other than those in part 80,
except pursuant to a waiver, and (v)
declines to amend the part 80 rules to
specify that VPC channels may be used
for port operations and ship movement
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
services, either in simplex or duplex
mode.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The Report and Order does not
contain any new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Report to Congress
3. The Commission will send a copy
of this Report and Order in a report to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
NPRM in this proceeding. The
Commission sought written public
comment on the proposals in the NPRM,
including comment on the IRFA. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report
and Order
5. The rules adopted in the Report
and Order are intended to provide VHF
public coast (VPC) station and
Automated Maritime
Telecommunications Service (AMTS)
stations with the additional flexibility to
offer non-interconnected private
correspondence communications
service to units on land.
rmajette on PROD1PC64 with RULES
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
6. No comments were submitted
specifically in response to the IRFA. In
addition, no commenter has opposed
the rule amendments adopted herein
based on their potential economic
impact on small entities. These rule
amendments do not impose any new
requirements or compliance burdens on
any affected entity, but rather benefit
such entities by providing them with
additional operational flexibility.
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15:16 Jun 05, 2007
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Description and Estimate of the Number
of Small Entities to Which Rules Will
Apply
7. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted herein. The RFA
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
8. The adopted rules would affect
licensees using AMTS and VPC
spectrum. In the Third Report and
Order in PR Docket No. 92–257, the
Commission defined the term ‘‘small
entity’’ specifically applicable to public
coast station licensees as any entity
employing less than 1,500 persons,
based on the definition under the Small
Business Administration rules
applicable to radiotelephone service
providers. See Amendment of the
Commission’s Rules Concerning
Maritime Communications, Third
Report and Order and Memorandum
Opinion and Order, PR Docket No. 92–
257, 13 FCC Rcd 19853, 19893 (1998)
(citing 13 CFR 121.201, Standard
Industrial Classification (SIC) Code
4812). Below, we provide the economic
census category and data for wireless
entities, which encompasses public
coast stations.
9. Wireless Service Providers. The
SBA has developed a small business
size standard for wireless firms within
the two broad economic census
categories of ‘‘Paging’’ and ‘‘Cellular and
Other Wireless Telecommunications.’’
Under both categories, the SBA deems
a wireless business to be small if it has
1,500 or fewer employees. For the
census category of Paging, Census
Bureau data for 2002 show that there
were 807 firms in this category that
operated for the entire year. Of this
total, 804 firms had employment of 999
or fewer employees, and three firms had
employment of 1,000 employees or
more. Thus, under this category and
associated small business size standard,
the majority of firms can be considered
small. For the census category of
Cellular and Other Wireless
Telecommunications, Census Bureau
data for 2002 show that there were 1,397
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Fmt 4700
Sfmt 4700
31193
firms in this category that operated for
the entire year. Of this total, 1,378 firms
had employment of 999 or fewer
employees, and 19 firms had
employment of 1,000 employees or
more. Thus, under this second category
and size standard, the majority of firms
can, again, be considered small.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
10. The Report and Order does not
impose any reporting, recordkeeping, or
other compliance requirements on small
entities.
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
11. The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
approach, which may include the
following four alternatives (among
others): ‘‘(1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
12. The rules adopted in the Report
and Order will not have any adverse
economic impact on small entities. To
the contrary, they remove existing
regulatory restrictions on the affected
entities.
D. Report to Congress
13. The Commission will send a copy
of this Report and Order in WT Docket
No. 04–257, including the Final
Regulatory Flexibility Analysis, in a
report to be sent to Congress pursuant
to the Congressional Review Act. In
addition, the Commission will send a
copy of the Report and Order, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the SBA. A copy of the
Report and Order and the Final
Regulatory Flexibility Analysis (or
summaries thereof) will also be
published in the Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
I
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31194
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
Commission amends 47 CFR parts 20
and 80 as follows:
telecommunications system’’ to read as
follows:
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
§ 80.5
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Automated maritime
telecommunications system (AMTS). An
automatic maritime communications
system.
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1. The authority citation for part 20
continues to read as follows:
I
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 303, and 332 unless otherwise noted.
2. Amend § 20.9 by revising
paragraphs (b) introductory text and
(b)(1) to read as follows:
I
§ 20.9
5. Amend § 80.123 by revising the
introductory text to read as follows:
I
Commercial mobile radio service.
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(b) Licensees of a Personal
Communications Service or applicants
for a Personal Communications Service
license, and VHF Public Coast Station
geographic area licensees or applicants,
and Automated Maritime
Telecommunications System (AMTS)
licensees or applicants, proposing to use
any Personal Communications Service,
VHF Public Coast Station, or AMTS
spectrum to offer service on a private
mobile radio service basis must
overcome the presumption that Personal
Communications Service, VHF Public
Coast, and AMTS Stations are
commercial mobile radio services.
(1) The applicant or licensee (who
must file an application to modify its
authorization) seeking authority to
dedicate a portion of the spectrum for
private mobile radio service, must
include a certification that it will offer
Personal Communications Service, VHF
Public Coast Station, or AMTS service
on a private mobile radio service basis.
The certification must include a
description of the proposed service
sufficient to demonstrate that it is not
within the definition of commercial
mobile radio service in § 20.3. Any
application requesting to use any
Personal Communications Service, VHF
Public Coast Station, or AMTS spectrum
to offer service on a private mobile radio
service basis will be placed on public
notice by the Commission.
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PART 80—STATIONS IN THE
MARITIME SERVICES
3. The authority citation for part 80
continues to read as follows:
rmajette on PROD1PC64 with RULES
I
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.
4. Amend § 80.5 by revising the
definition of ‘‘Automated maritime
I
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15:16 Jun 05, 2007
Jkt 211001
Definitions.
§ 80.123
Service to stations on land.
Marine VHF public coast stations,
including AMTS coast stations, may
provide service to stations on land in
accordance with the following:
*
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*
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*
6. Amend § 80.371 by revising the
introductory text of paragraph (c)(1)(i) to
read as follows:
I
§ 80.371 Public correspondence
frequencies.
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*
*
(c) * * *
(1) (i) The frequency pairs listed in
this paragraph are available for
assignment to public coast stations for
communications with ship stations and
units on land.
*
*
*
*
*
7. Amend § 80.475 by revising
paragraph (c) and adding a new
paragraph (d) to read as follows:
I
§ 80.475 Scope of service of the
Automated Maritime Telecommunications
System (AMTS).
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*
*
*
(c) An AMTS system may provide
private mobile radio service in addition
to or instead of public correspondence
service. However, such communications
may be provided only to stations whose
licensees make cooperative
arrangements with the AMTS coast
station licensees. In emergency and
distress situations, services must be
provided to ship stations without prior
arrangements.
(d) AMTS systems providing private
mobile radio service instead of, or in
addition to, public correspondence
service are not required to be
interconnected to the public switched
network when providing such private
mobile radio service. AMTS systems
providing public correspondence
service must be interconnected to the
public switched network, but the
licensee may also offer noninterconnected services.
8. Amend § 80.479 by revising
paragraph (a) to read as follows:
I
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Frm 00024
Fmt 4700
Sfmt 4700
§ 80.479 Assignment and use of
frequencies for AMTS.
(a) The frequencies assignable to
AMTS stations are listed in subpart H of
this subpart.
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[FR Doc. E7–10724 Filed 6–5–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070427094–7113–02, I.D.
042407A]
RIN 0648–AV50
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Allocation of
Trips in the Closed Area II Yellowtail
Flounder Special Access Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; allocation of trips.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), has allocated
zero trips to the Closed Area (CA) II
Yellowtail Flounder Special Access
Program (SAP) during the 2007 fishing
year (FY) (i.e., May 1, 2007, through
April 30, 2008). The Regional
Administrator has determined that the
available catch of Georges Bank (GB)
yellowtail flounder is insufficient to
support a minimum level of fishing
activity within the CA II Yellowtail
Flounder SAP for FY 2007. The intent
of this action is to help achieve
optimum yield (OY) in the fishery by
maximizing the utility of available GB
yellowtail flounder total allowable catch
(TAC) throughout FY 2007.
DATES: Effective July 1, 2007 through
April 30, 2008.
ADDRESSES: Copies of the final rule
implementing the FY 2007 TAC for GB
yellowtail flounder in the U.S./Canada
Management Area are available upon
request from the NE Regional Office at
the following mailing address: George
H. Darcy, Assistant Regional
Administrator for Sustainable Fisheries,
NMFS, Northeast Regional Office, 1
Blackburn Drive, Gloucester, MA 01930.
Copies may also be requested by calling
(978) 281–9315.
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31192-31194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10724]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20 and 80
[WT Docket No. 04-257; FCC 07-87]
Maritime Communications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) amends its rules to afford licensees of VHF Public
Coast (VPC) stations and Automated Maritime Telecommunications System
(AMTS) stations additional operational flexibility to provide service
to units on land. Specifically, the Commission adopts rule changes to
permit VPC and AMTS licensees to offer private correspondence service
to units on land, i.e., private land mobile radio (PLMR) service, in
addition to the public correspondence service they already are
authorized to provide to units on land. These rule amendments will
enable VPC and AMTS licensees to compete more effectively against other
commercial mobile radio service providers; facilitate more efficient
use of VPC and AMTS spectrum; and provide an additional means to meet
growing demand for spectrum by PLMR licensees and end users, including
public safety and critical infrastructure industry entities. The
Commission also believes that the core purpose for which these
frequencies have been allocated is to serve the communications needs of
marine vessels, especially with respect to communications in support of
the safety of life and property at sea and on inland waterways.
DATES: Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Mobility Division, Wireless Telecommunications Bureau, (202) 418-1617,
or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order in WT Docket No. 04-257
(Report and Order), FCC 07-87, adopted on May 9, 2007, and released on
May 10, 2007. The full text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Center, 445 12th Street, SW., Washington, DC 20554. The
complete text may be purchased from the Commission's copy contractor,
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. The full text may also be downloaded at: https://
www.fcc.gov. Alternative formats are available to persons with
disabilities by sending an e-mail to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
1. The Report and Order addresses issues raised in the Notice of
Proposed Rule Making (NPRM) in this WT Docket No. 04-257 proceeding.
The Commission takes the following significant actions in the Report
and Order: (i) Authorizes VPC and AMTS licensees to provide private
correspondence service to units on land; (ii) specifies that AMTS
stations providing private land mobile radio service do not have to be
interconnected to the public switched telephone network, but retains
that interconnection requirement for AMTS stations providing commercial
mobile radio service; (iii) clarifies that VPC and AMTS licensees
providing service to units on land must continue to ensure that
maritime communications have priority, while also clarifying that a
licensee's practice of dedicating separate channels for land mobile
communications, on the one hand, and maritime communications, on the
other, does not necessarily satisfy the maritime priority requirement
although it may satisfy the requirement in certain circumstances; (iv)
declines to permit VPC and AMTS licensees to provide service to units
on land pursuant to regulations other than those in part 80, except
pursuant to a waiver, and (v) declines to amend the part 80 rules to
specify that VPC channels may be used for port operations and ship
movement
[[Page 31193]]
services, either in simplex or duplex mode.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The Report and Order does not contain any new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any new or modified ``information collection burden for
small business concerns with fewer than 25 employees,'' pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).
B. Report to Congress
3. The Commission will send a copy of this Report and Order in a
report to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM in this proceeding. The Commission sought
written public comment on the proposals in the NPRM, including comment
on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Need for, and Objectives of, the Report and Order
5. The rules adopted in the Report and Order are intended to
provide VHF public coast (VPC) station and Automated Maritime
Telecommunications Service (AMTS) stations with the additional
flexibility to offer non-interconnected private correspondence
communications service to units on land.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
6. No comments were submitted specifically in response to the IRFA.
In addition, no commenter has opposed the rule amendments adopted
herein based on their potential economic impact on small entities.
These rule amendments do not impose any new requirements or compliance
burdens on any affected entity, but rather benefit such entities by
providing them with additional operational flexibility.
Description and Estimate of the Number of Small Entities to Which Rules
Will Apply
7. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act. A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).
8. The adopted rules would affect licensees using AMTS and VPC
spectrum. In the Third Report and Order in PR Docket No. 92-257, the
Commission defined the term ``small entity'' specifically applicable to
public coast station licensees as any entity employing less than 1,500
persons, based on the definition under the Small Business
Administration rules applicable to radiotelephone service providers.
See Amendment of the Commission's Rules Concerning Maritime
Communications, Third Report and Order and Memorandum Opinion and
Order, PR Docket No. 92-257, 13 FCC Rcd 19853, 19893 (1998) (citing 13
CFR 121.201, Standard Industrial Classification (SIC) Code 4812).
Below, we provide the economic census category and data for wireless
entities, which encompasses public coast stations.
9. Wireless Service Providers. The SBA has developed a small
business size standard for wireless firms within the two broad economic
census categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under both categories, the SBA deems a wireless
business to be small if it has 1,500 or fewer employees. For the census
category of Paging, Census Bureau data for 2002 show that there were
807 firms in this category that operated for the entire year. Of this
total, 804 firms had employment of 999 or fewer employees, and three
firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small. For the census category of Cellular and
Other Wireless Telecommunications, Census Bureau data for 2002 show
that there were 1,397 firms in this category that operated for the
entire year. Of this total, 1,378 firms had employment of 999 or fewer
employees, and 19 firms had employment of 1,000 employees or more.
Thus, under this second category and size standard, the majority of
firms can, again, be considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
10. The Report and Order does not impose any reporting,
recordkeeping, or other compliance requirements on small entities.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
11. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
12. The rules adopted in the Report and Order will not have any
adverse economic impact on small entities. To the contrary, they remove
existing regulatory restrictions on the affected entities.
D. Report to Congress
13. The Commission will send a copy of this Report and Order in WT
Docket No. 04-257, including the Final Regulatory Flexibility Analysis,
in a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the SBA. A copy of the Report and Order
and the Final Regulatory Flexibility Analysis (or summaries thereof)
will also be published in the Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
[[Page 31194]]
Commission amends 47 CFR parts 20 and 80 as follows:
PART 20--COMMERCIAL MOBILE RADIO SERVICES
0
1. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 154, 160, 201, 251-254, 303, and 332 unless
otherwise noted.
0
2. Amend Sec. 20.9 by revising paragraphs (b) introductory text and
(b)(1) to read as follows:
Sec. 20.9 Commercial mobile radio service.
* * * * *
(b) Licensees of a Personal Communications Service or applicants
for a Personal Communications Service license, and VHF Public Coast
Station geographic area licensees or applicants, and Automated Maritime
Telecommunications System (AMTS) licensees or applicants, proposing to
use any Personal Communications Service, VHF Public Coast Station, or
AMTS spectrum to offer service on a private mobile radio service basis
must overcome the presumption that Personal Communications Service, VHF
Public Coast, and AMTS Stations are commercial mobile radio services.
(1) The applicant or licensee (who must file an application to
modify its authorization) seeking authority to dedicate a portion of
the spectrum for private mobile radio service, must include a
certification that it will offer Personal Communications Service, VHF
Public Coast Station, or AMTS service on a private mobile radio service
basis. The certification must include a description of the proposed
service sufficient to demonstrate that it is not within the definition
of commercial mobile radio service in Sec. 20.3. Any application
requesting to use any Personal Communications Service, VHF Public Coast
Station, or AMTS spectrum to offer service on a private mobile radio
service basis will be placed on public notice by the Commission.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
0
3. 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.
0
4. Amend Sec. 80.5 by revising the definition of ``Automated maritime
telecommunications system'' to read as follows:
Sec. 80.5 Definitions.
* * * * *
Automated maritime telecommunications system (AMTS). An automatic
maritime communications system.
* * * * *
0
5. Amend Sec. 80.123 by revising the introductory text to read as
follows:
Sec. 80.123 Service to stations on land.
Marine VHF public coast stations, including AMTS coast stations,
may provide service to stations on land in accordance with the
following:
* * * * *
0
6. Amend Sec. 80.371 by revising the introductory text of paragraph
(c)(1)(i) to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) * * *
(1) (i) The frequency pairs listed in this paragraph are available
for assignment to public coast stations for communications with ship
stations and units on land.
* * * * *
0
7. Amend Sec. 80.475 by revising paragraph (c) and adding a new
paragraph (d) to read as follows:
Sec. 80.475 Scope of service of the Automated Maritime
Telecommunications System (AMTS).
* * * * *
(c) An AMTS system may provide private mobile radio service in
addition to or instead of public correspondence service. However, such
communications may be provided only to stations whose licensees make
cooperative arrangements with the AMTS coast station licensees. In
emergency and distress situations, services must be provided to ship
stations without prior arrangements.
(d) AMTS systems providing private mobile radio service instead of,
or in addition to, public correspondence service are not required to be
interconnected to the public switched network when providing such
private mobile radio service. AMTS systems providing public
correspondence service must be interconnected to the public switched
network, but the licensee may also offer non-interconnected services.
0
8. Amend Sec. 80.479 by revising paragraph (a) to read as follows:
Sec. 80.479 Assignment and use of frequencies for AMTS.
(a) The frequencies assignable to AMTS stations are listed in
subpart H of this subpart.
* * * * *
[FR Doc. E7-10724 Filed 6-5-07; 8:45 am]
BILLING CODE 6712-01-P