FCC Web Documents citing 80.123
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- Section 1.925 of the Commission's rules. Specifically, Beaverhead and Granite seek to use Part 80 private coast station frequencies and Silverbow seeks to use Part 80 maritime VHF frequencies as a part of a wireless communications system that is vital to the public safety governmental operations of the applicants. Accordingly, the Counties filed requests for waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80, as may be necessary. Beaverhead's application seeks to modify its license for Station KLV872 by adding one frequency designated for ship and private coast station use under Part 80 at two locations. Similarly, Granite's application seeks to modify its license for Station KOF476 by adding three frequencies designated
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- ``the County'') filed an application to modify its public safety communications system under its license for Station KOF476 by adding three Part 80 maritime ship and private coast station frequencies in the VHF 156-162 MHz band at three locations. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), Granite seeks waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules as may be necessary, to use frequencies that are designated for maritime use under Part 80. In the alternative, Granite requests a waiver under Section 1.925 of the Commission's rules to use the three maritime frequencies. By this Order, we deny Granite's request for
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- safety use under Part 90. The second application requests a non-maritime public safety frequency and one Part 80 VPC frequency for a conventional system. Those portions of the applications that pertain to the County's request for non-maritime public safety frequencies are routine and can be granted without further analysis. However, Silverbow seeks, for each application, waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules, as may be necessary, to use frequencies that are designated for maritime use under Part 80 for its public safety PLMR communications system under Part 90. Silverbow seeks relief under Section 337(c) of the Communications Act of 1934, as amended (the Act), or in
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- Beach and Tecate: 32-35-00 N. 117-12-00 W. to 32-42-00 N. 116-56-00 W. to 32-41-00 N. 116-41-00 W. to 32-35-00 N. 116-38-00 W. to 32-31-00 N. 117-11-00 W. and return.'' See, e.g., 47 C.F.R. § 87.187(bb), (cc). See 14 C.F.R. Part 119. See Letter, dated April 5, 2000, from Russ Hammer, Principal Operations Inspector, FAA to FCC. See 47 C.F.R. § 80.123(c), which allows associated land stations of public coast station licensees to identify themselves by the licensee's call sign followed by a unique alphanumeric unit identifier. See 47 C.F.R. § 87.107(a)(2). TCAS is an airborne warning system designed to avert mid-air collisions. See, e.g., Rockwell Collins, Inc., Order, 14 FCC Rcd 3340 (WTB PSPWD 1999). See e.g,. Establishment of Policies and
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- communications, instead of only public correspondence. In 2002, the Commission adopted a geographic area licensing approach for AMTS stations. III. DISCUSSION Private mobile radio service for units on land. Under the current rules, VPC and AMTS stations may provide either commercial service or private correspondence service to maritime units, but may provide only commercial service to units on land. Section 80.123 of the Commission's Rules, which permits VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, specifically authorizes only ``public correspondence service to stations on land.'' In addition, Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private mobile communications, by its terms limits the permissible communications to ``the operational requirements
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- a monopoly on AMTS frequencies in these particular metropolitan areas. Id. at 4-5. We believe that it will be more appropriate to address the merits of this argument when we reach final resolution of Havens's applications for the Guadalupe River system and Brazos River system, which, as previously indicated, will be the subject of a future order. 47 C.F.R. § 80.123. Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16964 ¶ 24 (1997) (Second Report and Order). See Application of Fred Daniel d/b/a Orion Telecom for an Automated Maritime Telecommunications System Station at Corona, California, Memorandum Opinion and Order, 14 FCC
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- Boston. See Strategis Report, SMR, at 45. Strategis Report, SMR at 3-5, 18 and 25. See Datamarine International Inc., SEC Form 10K, for the fiscal year ended September 30, 2000 (January 16, 2001) and Datamarine International Quarterly Report, SEC Form 10QSB (Feb. 13, 2001) (reflecting that the company's backlog has increased). Strategis Report, SMR at 5. See 47 C.F.R. § 80.123. Mobex Communications, through its subsidiary Regionet Wireless LLC, holds AMTS licenses that currently provide land-based AMTS dispatch service on the East and West Coasts and in the Great Lakes area. See www.mobex.com; see also Kristen Beckman, ``Regionet Uses Maritime Licenses to Offer SMR Service,'' Radio Communications Report (Aug. 16, 1999). Nextel intends to purchase a 15% equity interest in Regionet.
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- by Section 80.475(c) to a narrower scope of communications than Section 80.107 permits for other private coast stations. We conclude that there is no conflict between the rules. Rather, we believe that the reference in Section 80.475(c) to ``private coast station communications'' should be interpreted to permit the same transmissions authorized by Section 80.107. Service to units on land. Section 80.123 of the Commission's Rules permits AMTS stations to provide service to units on land, under certain conditions. You ask whether an AMTS licensee may provide private coast station communications to units on land. As set forth above, the communications permitted by Section 80.475(c) are specifically limited (in non-emergency situations) to ``private coast station communications related to the operational requirements of
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WARREN C. HAVENS Petition for Declaratory Ruling or Waiver Regarding Section 80.123 and Other Commission's Rules as Applied to Automated Maritime Telecommunications System Licenses ) ) ) ) ) ) ) ) ORDER Adopted: April 7, 2003 Released: April 18, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. We have before us a petition for declaratory ruling or, in the alternative, waiver regarding the Commission's rules
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- and Order and Memorandum Opinion and Order, PR Docket No. 92-257, 13 FCC Rcd 19853, 19856 ¶ 3 (1998) (Third Report and Order). See 47 C.F.R. § 20.9. Havens's applications to modify the licenses in question to permit PMRS were granted on March 22, 2004. See Public Notice, Rep. No. 1788 (WTB rel. Mar. 31, 2004). See 47 C.F.R. § 80.123. Third Report and Order, 13 FCC Rcd at 19859 ¶ 9. See 47 C.F.R. § 80.49(a)(1). Third Report and Order, 13 FCC Rcd at 19871 ¶ 36. Request at 2. Id. Id. at 8. Id. at 3. Excluding any licenses the assignment of which subsequently is consummated. Wireless Telecommunications Bureau Seeks Comment on Warren C. Havens Request to Extend Construction
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- 10 FCC Rcd 8419, 8423 ¶ 9 (1995); see also 47 C.F.R. § 90.283 (1997). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16969, 16965 ¶ 24 (1997) (Public Coast Second R&O and Second FNPRM); see also 47 C.F.R. § 80.123. See Public Coast Second R&O and Second FNPRM, 12 FCC Rcd at 16989 ¶ 76. See id. at 17015 ¶ 132. 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, 19859 ¶ 10 (1998) (Public Coast Third R&O). Id. at 19912. The Commission expressly
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- Carroll, Charlotte, Craig, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Mecklenburg, Montgomery, Nelson, Page, Patrick, Pittsylvania, Prince Edward, Pulaski, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Washington, Wise, and Wythe. Under the proposed transaction, MariTEL would retain all of its VPC spectrum in eastern Virginia. In the alternative, Virginia seeks a waiver of Sections 80.123 and 80.371(c)(1)(i) of the Commission's Rules to permit use of the frequencies for private land mobile radio communications. It also requests a waiver of Section 80.123(e) to allow the base station equipment of its system to operate with 125 watts transmitter output power and 285 watts effective radiated power, consistent with the power levels permitted for operations licensed under Part
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- Report and Order). Exelon appears to assume that service to units on land is not on a secondary basis. See Waiver Request at 13, 18-19. This is not correct. It is true that priority must be afforded to marine-originating communications in the event that insufficient channels are available to serve both marine vessels and units on land. 47 C.F.R. § 80.123(b); Public Coast Second Report and Order, 12 FCC Rcd at 16966 ¶ 26. Nonetheless, service to units on land is considered co-primary with service to maritime vessels. See Automated Maritime Telecommunications System Spectrum Auction Scheduled for September 15, 2004: Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, Public Notice, 19 FCC Rcd 9518, 9528 (WTB 2004). Amendment of the
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- navigable waterways) Virginia. Virginia emphasizes that it is not seeking to use VPC channels in areas where they might otherwise be used to meet the demand of marine VHF communications. In the event that its public safety use of the spectrum is not licensed under, and governed by, Part 90 of the Commission's Rules, Virginia seeks a waiver of Sections 80.123 and 80.371(c)(1)(i) to permit use of the frequencies for private land mobile radio communications. It also requests a waiver of Section 80.123(e) to allow the base station equipment of its system to operate with a maximum power of 125 watts transmitter output power and 285 watts effective radiated power, consistent with the power levels permitted for operations licensed under Part
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- PR Docket No. 92-257, 17 FCC Rcd 6685, 6686 ¶ 2 (2002) (Public Coast Fifth Report and Order). In 1997, the Commission adopted rules to permit AMTS public coast stations to provide commercial service to units on land, as well as maritime vessels. See Public Coast Second Report and Order, 12 FCC Rcd at 16965 ¶ 24; 47 C.F.R. § 80.123. See Public Coast Fifth Report and Order, 17 FCC Rcd at 6702-03 ¶ 37, 6737. Automated Maritime Telecommunications System Spectrum Auction Scheduled for September 15, 2004: Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, Public Notice, 19 FCC Rcd 6274 (WTB 2004). Automated Maritime Telecommunications System Spectrum Auction Scheduled for September 15, 2004: Notice and
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- to Automated Maritime Telecommunications Systems (AMTS), First Report and Order, RM-5712, 6 FCC Rcd 437 (1991). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16965 ¶ 24 (1997). See id. at 16965-66 ¶¶ 25-26; see also 47 C.F.R. § 80.123. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6696 ¶ 24 (2002). See id. at 6707 ¶ 48-49. Specifically, for service areas with major waterways, substantial service can be demonstrated by continuous coverage of two-thirds of those waterways; and for service
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- (202) 418-0680 - FCC - See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, 17 FCC Rcd 6685, 6686-87 ¶ 2 (2002) (``Second MO&O and Fifth Report and Order''); Amendment of the Commission's Rules Concerning Maritime Communications, Third Report and Order, 18 FCC Rcd 24391 (2003). See 47 C.F.R. § 80.123. In a pending rulemaking proceeding, the Commission is considering proposed rule amendments that may affect the provision of service to units on land by AMTS (and VHF public coast) stations. See MariTEL, Inc. and Mobex Network Services, Petitions for Rule Making to Amend the Commission's Rules to Provide Additional Flexibility for AMTS and VHF Public Coast Station Licensees, Notice of
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- at 4. Id. Specifically, MariTEL seeks consent to partition and disaggregate ten 12.5 kHz channel pairs (157.2000/161.8000 MHz, 157.2125/161.8125 MHz, 157.2250/161.8250 MHz, 157.2375/161.8375 MHz, 157.2500/161.8500 MHz, 157.2625/161.8625 MHz, 157.2750/161.8750 MHz, 157.2875/161.8875 MHz, 157.3000/161.9000 MHz, 157.3125/161.9125 MHz,) to Placer in various portions of the County. See FCC File No. 0001750425, Schedule C. In the alternative, Placer seeks a waiver of Sections 80.123 and 80.371(c)(1)(i) of the Commission's Rules to permit use of the frequencies for private land mobile radio (PLMR) communications. (We note that the Commission has proposed to amend Section 80.123 to permit PLMR use of VPC frequencies. See Maritel, Inc. and Mobex Network Services, LLC, Notice of Proposed Rule Making, WT Docket No. 04-257, 19 FCC Rcd 15225 (2004).) It
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- Communications Systems, Report and Order, GEN Docket No. 81-822, 51 Rad. Reg. 2d (P & F) 440 (1982). In 1997, the Commission adopted rules to permit AMTS public coast stations to provide commercial service to units on land, as well as maritime vessels. See Public Coast Second Report and Order, 12 FCC Rcd at 16965 ¶ 24; 47 C.F.R. § 80.123. See 47 C.F.R. § 80.475(a) (2001). While the coverage requirement for coastlines specifically referred only to the Atlantic, Pacific, and Gulf of Mexico coastlines, it was interpreted to also include the Great Lakes. See Fred Daniel d/b/a Orion Telecom and Paging Systems, Inc., Memorandum Opinion and Order, 13 FCC Rcd 17474, 17477 ¶ 6 (WTB PSPWD 1998). See 47 C.F.R.
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- interstitial narrowband channel between VPC Channels 84 and 25 -- 157.2375/161.8375 MHz (VPC Channel 284). 47 C.F.R. §§ 80.773(c), 90.20(g). 47 C.F.R. § 80.371. See File No. 0001750425. See County of Placer, California, Order, 20 FCC Rcd 3657 (WTB PSCID 2005) (Order). See File No. 0002133834; Public Notice, Report No. 2137 (WTB rel. April 27, 2005). See 47 C.F.R. §§ 80.123, 80.371(c)(1)(i). See 47 C.F.R. § 80.773(c). Specifically the limit will be exceeded at the VPCSA 6/34 border with the Nevada counties of Washoe, Storey, Carson City, and Douglas, and the California counties of Alpine and Sierra. Placer Mt. Pluto and Kings Beach Waiver Request at 3. Id. at 2-3. Placer also requests a waiver of the antenna height limit in
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- Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau See FCC File Nos. 0001988156, 0001988415. PacifiCorp Request for Waiver of Various Part 80 Rules to Operate VPC Stations as Part 90 PLMR Stations (Waiver Request). In the alternative, PacifiCorp seeks a waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213 and 80.371 of the Commission's Rules to permit use of the frequencies for private land mobile radio (PLMR) communications. It also requests a waiver of Section 80.123(e) to allow the base station equipment of its system to operate with 125 watts transmitter output power and up to 100 watts mobile power, maximum, consistent with the power levels permitted
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- 1997, the Commission adopted rules to permit AMTS public coast stations to provide commercial service to units on land, as well as maritime vessels. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16965 ¶ 24 (1997); 47 C.F.R. § 80.123. AMTS Channel Blocks A (217.5-218/219.5-220 MHz) and B (217-217.5/219-219.5 MHz). See 47 C.F.R. § 80.385(a)(2). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6686 ¶ 2 (2002). Id. at 6687 ¶ 2. See Auction of Automated Maritime Telecommunications System Licenses Closes:
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- 1997, the Commission adopted rules to permit AMTS public coast stations to provide commercial service to units on land, as well as maritime vessels. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16965 ¶ 24 (1997); 47 C.F.R. § 80.123. AMTS Channel Blocks A (217.5-218/219.5-220 MHz) and B (217-217.5/219-219.5 MHz). See 47 C.F.R. § 80.385(a)(2). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6686 ¶ 2 (2002). Id. at 6687 ¶ 2. See Auction of Automated Maritime Telecommunications System Licenses Closes:
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- In 1997, the Commission adopted rules to permit AMTS stations to provide commercial service to units on land, as well as to maritime vessels. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16965 ¶ 24 (1997); 47 C.F.R. § 80.123. AMTS Channel Blocks A (217.5-218/219.5-220 MHz) and B (217-217.5/219-219.5 MHz). See 47 C.F.R. § 80.385(a)(2). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd 6685, 6686-87, 6695, 6718 ¶¶ 2, 21, 79 (2002); 47 U.S.C. § 309(j)(1). See Auction of Automated Maritime Telecommunications
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- of Proposal and Request for Waiver at 13 (MariTEL Waiver Request); see also Description of Transaction and Request for Waiver at 9-10 (DRM Waiver Request); Description of Transaction and Request for Waiver at 9-10 (MacIntyre Waiver Request); Description of Transaction and Request for Waiver at 10-11 (SMR Waiver Request). In the alternative, Motorola seeks a waiver of Sections 80.105, 80.106, 80.123, 80.215, 80.303, and 80.371 of the Commission's Rules, 47 C.F.R. §§ 80.105, 80.106, 80.123, 80.215, 80.303, 80.371, to the extent applicable, in order to permit use of the frequencies for private land mobile radio (PLMR) communications. (We note that the Commission has proposed to amend Sections 80.123 and 80.371 to permit PLMR use of VPC frequencies. See Maritel, Inc. and
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- 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, 19856 ¶ 3 (1998). Licensees may, however, modify their licenses to permit private mobile radio service (PMRS) instead of CMRS, and may provide service to units on land. See 47 C.F.R. § 20.9; 47 C.F.R. § 80.123. The 218-219 MHz Service is a short-distance communication service designed for licensees to transmit information, product, and service offerings to subscribers and receive interactive responses within a specified service area. Mobile operation is permitted. Rules permit both common carrier and private operations, as well as one- and two-way communications. BRS provides integrated access to broadband technologies, including high-speed digital technologies
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- specify that VPC channels may be used for port operations and ship movement services, either in simplex or duplex mode. A. VPC and AMTS Provision of Private Correspondence Service to Units on Land The Commission concluded that the current rules are unnecessarily restrictive for VPC and AMTS licensees alike, and therefore, the following sections were amended as follows: ÿ Section 80.123 by removing the reference to "public correspondence" in the introductory paragraph; ÿ Section 80.475(c) by removing the references to ships and ship stations; ÿ Section 20.9(b) to expressly include AMTS licensees among those licensees eligible to rebut the presumption that they are CMRS providers; ÿ Sections 80.5 and 80.475(d) by eliminating the interconnection requirement for AMTS stations providing private correspondence
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- Need: These rules inform the public of the parameters under which Marine VHF public coast stations, including automated maritime telecommunications system (AMTS) coast stations, may provide public correspondence service to stations on land, and establish the procedure for Alaskan private coast stations use of facsimile operations. Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332. Section Number and Title: 80.123 Service to stations on land. 80.133 Private coast stations using facsimile in Alaska. SUBPART E-GENERAL TECHNICAL STANDARDS Brief Description: The part 80 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for stations in the maritime services. Subpart E sets forth the general technical standards for use of frequencies and equipment in
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- Tel. Co. v. FCC, 675 F.2d 386 (D.C. Cir. 1982). Public correspondence is defined under the Part 80 Maritime Service Rules as ``[a]ny telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission.'' See 47 C.F.R. § 80.5. Warren C. Havens Petition for Declaratory Ruling or Waiver Regarding Section 80.123 and other Commission Rules as Applied to Automated Maritime Telecommunications System Licenses, Order, 18 FCC Rcd 7006, 7008, para. 5 (WTB PSPWD 2003); Letter from D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission, to Warren C. Havens, 17 FCC Rcd 15903, 15904 (WTB PSPWD 2002) (citing Amendment of Parts 2, 81, and
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- Section 1.925 of the Commission's rules. Specifically, Beaverhead and Granite seek to use Part 80 private coast station frequencies and Silverbow seeks to use Part 80 maritime VHF frequencies as a part of a wireless communications system that is vital to the public safety governmental operations of the applicants. Accordingly, the Counties filed requests for waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80, as may be necessary. Beaverhead's application seeks to modify its license for Station KLV872 by adding one frequency designated for ship and private coast station use under Part 80 at two locations. Similarly, Granite's application seeks to modify its license for Station KOF476 by adding three frequencies designated
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- ``the County'') filed an application to modify its public safety communications system under its license for Station KOF476 by adding three Part 80 maritime ship and private coast station frequencies in the VHF 156-162 MHz band at three locations. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), Granite seeks waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules as may be necessary, to use frequencies that are designated for maritime use under Part 80. In the alternative, Granite requests a waiver under Section 1.925 of the Commission's rules to use the three maritime frequencies. By this Order, we deny Granite's request for
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- assignment of fewer frequencies near the Pacific Ocean and Columbia River. PacifiCorp asserts that these amendments will protect Automatic Identification Systems (AIS) on Channel 87B, and preserve spectrum for maritime VPC service. PacifiCorp also states that its proposed operations generally comply with the rules adopted by the Commission in 2007, and requests only a waiver of the requirement in Section 80.123(b) of the Commission's Rules that priority be afforded to marine-originating communication, to the extent such a waiver is necessary. NTIA and Coast Guard asserted no objection to the amended applications and waiver request. Discussion. We may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by
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- request the assignment of fewer frequencies near the Pacific Ocean and Columbia River.20 PacifiCorp asserts that these amendments will protect Automatic Identification Systems (AIS) on Channel 87B, and preserve spectrum for maritime VPC service.21PacifiCorp also states that its proposed operations generally comply with the rules adopted by the Commission in 2007,22and requests only a waiver of the requirement in Section 80.123(b) of the Commission's Rulesthat priority be afforded to marine- originating communication,23to the extent such a waiver is necessary.24NTIA and Coast Guard asserted no objection to the amended applications and waiver request.25 6. Discussion.We may grant a waiver if it is shown that (a) the underlying purpose of the rule(s) would not be served or would be frustrated by application to
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- safety use under Part 90. The second application requests a non-maritime public safety frequency and one Part 80 VPC frequency for a conventional system. Those portions of the applications that pertain to the County's request for non-maritime public safety frequencies are routine and can be granted without further analysis. However, Silverbow seeks, for each application, waiver of Sections 80.105, 80.106, 80.123, 80.203, 80.213, 80.371, and 80.373, and such other sections of Part 80 of the Commission's rules, as may be necessary, to use frequencies that are designated for maritime use under Part 80 for its public safety PLMR communications system under Part 90. Silverbow seeks relief under Section 337(c) of the Communications Act of 1934, as amended (the Act), or in
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- and confirmed its intention in 2010. We accordingly see no reason to reject Verde's certification based on its representation that it will provide PMRS on a non-interconnected basis. Nor are we persuaded that Verde's proposal is defective because it does not reconcile the proposed use with the Section 80.475(c) requirement to provide emergency service to ship stations and the Section 80.123(b) requirement to afford priority to marine-originating communications. No rule requires a Section 20.9(b) certification to explain how the proposed PMRS operation will comply with these requirements. In fact, the Commission specifically declined to adopt a rule that would require AMTS licensees, as a prerequisite to providing PMRS, to submit such a plan, finding that such a requirement would unnecessarily burden
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- C.F.R. §80.385. Incumbent site-based stations are grandfathered. 8SeeAmendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16965-66 ¶¶ 24-26 (1997), recon. denied, Third Report and Order and Third Memorandum Opinion and Order, 13 FCC Rcd 19853 (1998); see also 47 C.F.R. §80.123. 9SeeMariTEL, Inc. and Mobex Network Services, LLC, Report and Order, 22 FCC Rcd 8971, 8976-78 ¶¶ 8-10 (2007) (Coast Station Flexibility Order), recon. granted in part, Memorandum Opinion and Order, 25 FCC Rcd 533 (2010) (Coast Station Recon Order); see also 47 C.F.R. §§ 20.9, 80.475(c). 10See47 C.F.R. §20.9(b); see also47 C.F.R. §20.9(a), (a)(5). 11See47 C.F.R. §20.9(b)(1). 12We note that
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- In conjunction with the assignment application, SCRRA is requesting waivers of several Part 80 rules to facilitate the use of these AMTS frequencies for positive train control. Specifically, SCRRA requests that the Commission waive Sections 80.92(a) (listen-before-talk requirement), 80.102(a) (station identification requirement), 80.105 (requirement that coast station acknowledge and receive all calls directed to it by ship or aircraft stations), 80.123 (requirement to give priority to marine communications, and other operational and technical requirements for coast stations), 80.215(h)(5)(i) (ship stations transmitter output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that ``all
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- geographic-area license."14 In conjunction with the assignment application, SCRRA is requesting waivers of several Part 80 rules to facilitate the use of these AMTS frequencies for positive train control.15Specifically, SCRRA requests that the Commission waive Sections 80.92(a) (listen-before-talk requirement), 80.102(a) (station identification requirement), 80.105 (requirement that coast station acknowledge andreceive all calls directed to it by ship or aircraft stations), 80.123 (requirement to give priority to marine communications, and other operational and technical requirements for coast stations), 80.215(h)(5)(i) (ship stations transmitter output power and effective radiated power limits), 80.385(a)(2) (AMTS frequency assignments), 80.475(c) (requirement that AMTS systems provide private mobile radio service only to stations whose licensees make cooperative arrangements with the AMTS coast station licensee), and 80.479(c) (requirement that "all
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- that ship stations operating with an output power of fifty watts pursuant to Section 80.215(i) may operate with an ERP of up to thirty-six watts, to the extent that the holding is applicable to land mobile units. Havens argues that power limits established for the maritime service are not appropriate for land mobile radio operations. We note, however, that Section 80.123(e) specifically provides that transmitter power for land mobile units associated with AMTS coast stations ``shall be set in accordance with the limits set in Section 80.215 for ship stations.'' This forecloses any argument that Section 80.215(i) should be construed to apply differently to land mobile units. We accordingly deny the Havens petition. Conclusion and Ordering Clauses. We conclude that the
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- second holding, that ship stations operating with an output power of fifty watts pursuant to Section 80.215(i) may operate with an ERP of up to thirty-six watts, to the extent that the holding is applicable to land mobile units.22Havens argues that power limits established for the maritime service are not appropriate for land mobile radio operations.23We note, however, that Section 80.123(e) specifically provides that transmitter power for land mobile units associated with AMTS coast stations "shall be set in accordance with the limits set in Section 80.215 for ship stations."24This forecloses any argument that Section 80.215(i) should be construed to apply differently to land mobile units.25We accordingly deny the Havens petition. 9. Conclusion and Ordering Clauses. We conclude that the Division
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- TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY SHIPCOM, LLC FOR WAIVER OF PART 80 RULES TO ALLOW USE OF HIGH SEAS MARINE FREQUENCIES BY FIRST RESPONDERS DURING CATASTROPHES WT Docket No. 10-2 Comment Date: February 4, 2010 Reply Date: February 19, 2010 On November 6, 2009 (supplemented November 10, 2009), ShipCom, LLC (ShipCom) filed a request for waiver of Section 80.123 of the Commission's Rules to permit the use of high frequency (HF) public coast frequencies by first responders during catastrophic situations when normal communications systems are not available. ShipCom is the licensee of high seas public coast stations WLO, Mobile, Alabama; WCL, Mobile, Alabama; KLB, Silvana, Washington; and KNN, Marina del Ray, California. It maintains a continuous watch on certain
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- TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY SHIPCOM, LLC FOR WAIVER OF PART 80 RULES TO ALLOW USE OF HIGH SEAS MARINE FREQUENCIES BY FIRST RESPONDERS DURING CATASTROPHES WT Docket No. 10-2 Comment Date: February 4, 2010 Reply Date: February 19, 2010 On November 6, 2009 (supplemented November 10, 2009), ShipCom, LLC (ShipCom) filed a request for waiver of Section 80.123 of the Commission's Rules1to permit the use of high frequency(HF) public coast frequencies by first responders during catastrophic situations when normal communications systems are not available. ShipCom is the licensee of high seas public coast stations WLO, Mobile, Alabama; WCL, Mobile, Alabama; KLB, Silvana, Washington; and KNN, Marina del Ray, California. It maintains a continuous watch on certain HF voice
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- R ¶ þ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SHIPCOM, LLC Request for Waiver ) ) ) ) ) WT Docket No. 10-2 ORDER Adopted: May 10, 2010 Released: May 12, 2010 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. On November 6, 2009, ShipCom, LLC (ShipCom) requested a waiver of Section 80.123 of the Commission's Rules to permit it to provide service to land-based (base and mobile) public safety stations on HF public coast frequencies when normal communications systems are not available. For the reasons set forth below, we grant ShipCom's request for waiver, as conditioned herein. Background. ShipCom is the licensee of high seas public coast stations WLO and WCL, Mobile,
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- Content-Transfer-Encoding: 8bit Federal Communications Commission DA 10-831 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of SHIPCOM, LLC Request for Waiver )))))WT Docket No. 10-2 ORDER Adopted: May 10, 2010 Released: May 12, 2010 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. On November 6, 2009, ShipCom, LLC (ShipCom) requested a waiver of Section 80.123 of the Commission's Rules1to permit it to provide service to land-based (base and mobile) public safety stations on HF public coast frequencies when normal communications systems are not available.2 For the reasons set forth below, we grant ShipCom's request for waiver, as conditioned herein. 2. Background.ShipCom is the licensee of high seas public coast stations WLO and WCL, Mobile, Alabama;
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- and metering. Transco has acquired AMTS Block B spectrum in Vermont, and seeks waiver of certain AMTS service rules to allow it to operate a PLMR system in support of its critical infrastructure utility operations. Specifically, Transco asks that we waive Section 80.92(a) of the Commission's Rules, which requires Part 80 licensees to monitor a frequency prior to transmitting; Section 80.123(a) of the Commission's Rules, which requires AMTS licensees that serve stations on land to provide each associated land station a letter indicating that the land station may operate under the authority of the AMTS station's license; Section 80.123(f), which permits AMTS mobile units to communicate only with public coast stations; and Section 80.479(c) of the Commission's Rules, which provides that
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- required, dispatching repair crews, and metering. 4.Transco hasacquired AMTS Block B spectrum in Vermont,8and seeks waiver of certain AMTS service rules to allow it to operate a PLMR system in support of its critical infrastructure utility operations. Specifically, Transco asks that we waive Section 80.92(a) of theCommission's Rules, which requires Part 80 licensees to monitor a frequency prior to transmitting;9Section 80.123(a) of the Commission's Rules, which requires AMTS licensees that serve stations on land to provide each associated land station a letter indicating that the land station may operate under the authority of the AMTS station's license;10Section 80.123(f), which permits AMTS mobile units to communicate only with public coast stations;11and Section 80.479(c) of the Commission's Rules, which provides that AMTS frequencies
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- Public Notice, the Wireless Telecommunications Bureau seeks comment on a request by Vermont Transco LLC (Transco) for waiver of certain Part 80 rules to allow Transco to operate a private land mobile radio (PLMR) system on Automated Maritime Telecommunications System (AMTS) spectrum to provide communication services for Transco's electric distribution operations. Specifically, Transco seeks a waiver of Sections 80.92(a), 80.102(a), 80.123(a), 80.123(f), 80.475(c) and 80.479(c) of the Commission's Rules, to the extent applicable. Transco owns Vermont's high-voltage electric transmission system, and provides service throughout Vermont and elsewhere in New England. It acquired AMTS Block B spectrum in Vermont in 2009, and now seeks a waiver to allow it to operate a PLMR system in support of its critical infrastructure utility operations.
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- By this Public Notice, the Wireless Telecommunications Bureau seeks comment on a request by Vermont Transco LLC (Transco) for waiver of certain Part 80 rules to allow Transco to operate a private land mobile radio (PLMR) system on Automated Maritime Telecommunications System1(AMTS) spectrum to provide communication services for Transco's electric distribution operations.2Specifically, Transco seeks a waiver of Sections 80.92(a), 80.102(a), 80.123(a), 80.123(f), 80.475(c) and 80.479(c) of the Commission's Rules, to the extent applicable.3 Transco owns Vermont's high-voltage electric transmission system, and provides service throughout Vermont and elsewhere in New England. It acquired AMTS Block B spectrum in Vermont in 2009,4and now seeks a waiver to allow it to operate a PLMR system in support of its critical infrastructure utility operations. Transco's
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- compatible with Amtrak's planned exclusive-use private land mobile radio PTC system. For example, Amtrak seeks waiver of certain output power and antenna height restrictions allowing Amtrak to use 75 watts output power for fixed base radios, 50 watts for train-mounted and other mobile units and 30 watts output power for fixed wayside units. Additionally, Amtrak seeks waiver of the Section 80.123(e) 6.1 meter antenna height restriction to allow it to install antennas up to a height of 100 feet which are necessary for its land-based system. Finally, with respect to existing and future operations in the AMTS band, Amtrak notes the importance of interference-free maritime communications and is committed to ensuring that all contemplated operations pose no potential for interference to
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- not compatible with Amtrak's planned exclusive-use private land mobile radio PTC system.8For example, Amtrak seeks waiver of certain output power and antenna height restrictions allowing Amtrak to use 75 watts output power for fixed base radios, 50 watts for train-mounted and other mobile units and 30 watts output power for fixed wayside units. Additionally, Amtrak seeks waiver of the Section 80.123(e) 6.1 meter antenna height restriction to allow it to install antennas up to a height of 100 feet which are necessary for its land-based system.9Finally, with respect to existing and future operations in the AMTS band, Amtrak notes the importance of interference-free maritime communications and is committed to ensuring that all contemplated operations pose no potential for interference to marine
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- ON REQUEST FOR WAIVER OF PART 80 POWER LIMITS FOR STATE OF MISSOURI PUBLIC SAFETY LAND MOBILE RADIO OPERATIONS ON MARITIME FREQUENCIES WT Docket No. 12-133 Comment Date: July 2, 2012 Reply Date: July 17, 2012 On April 27, 2012, Motorola Solutions, Inc. (Motorola), on behalf of the State of Missouri (the State), filed a request for waiver of Section 80.123(e) of the Commission's Rules to permit the operation of mobile units with 50 watts transmitter power output (TPO) and 45 watts effective radiated power (ERP) on VHF Public Coast (VPC) frequencies. In 2007, the Wireless Telecommunications Bureau granted applications for consent to partition and disaggregate portions of sixteen VPC geographic licenses to Motorola with requests for waivers to permit Motorola
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. 2615 July 01, 2003 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------------- 10743 80.123 and Maritel, Inc. and 05/16/03 Request Amendment of the Commission's 80.475 Mobex Network Rules to Promote the Use of VHF Public Services, LLC Coast Station Frequencies. (Filed By: Russell H. Fox, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 701 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2608) (Filed By:Dennis C. Brown, 126/B North Bedford Street Arlington, VA 22201) Filed By: Robert
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- nom. WJG Tel. Co. v. FCC, 675 F.2d 386 (D.C. Cir. 1982). Implementation of Sections 3(n) and 332 of the Communications Act-Regulatory Treatment of Mobile Services, Second Report and Order, 9 FCC Rcd 1411, 1448 ¶ 83 (1994); see also 47 C.F.R. § 20.9. Maritime Second Report and Order, 12 FCC Rcd at 16964 ¶ 24; see 47 C.F.R. § 80.123. See Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance for Broadband Personal Communications Services, Memorandum Opinion and Order and Notice of Proposed Rulemaking, 13 FCC Rcd 16857, 16860-61 ¶¶ 8-9 (1998). 47 U.S.C. § 160(a)(1)-(3). Subsection (d) of Section 10 prohibits forbearance from Section 251(c) and Section 271 of the Act until certain conditions are met.
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- shall not be deemed to extend the system's service area. Third Report and Order, 13 FCC Rcd at 19864. Id. at 19865. See id. Id. Id. 47 C.F.R. § 80.475(a). See IWCS Report and Order, 84 FCC 2d at 876. Further Notice, 10 FCC Rcd at 5729. See Second Report and Order, 12 FCC Rcd at 16964-65; 47 C.F.R. § 80.123(b). See Fred Daniel d/b/a Orion Telecom, Memorandum Opinion and Order, 13 FCC Rcd 25313, 25315 (WTB PS&PWD 1998), aff'd, Order on Reconsideration, 14 FCC Rcd 1050 (WTB PS&PWD 1999), review denied, Memorandum Opinion and Order, FCC 99-358 (rel. Nov. 24, 1999). See infra ¶ 54. Third Report and Order, 13 FCC Rcd at 19867. 47 C.F.R. § 1.1307. 47 C.F.R.
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- around their stations so long as they give priority to communications from stations operating on the water. See Amendment Of The Commission's Rules Concerning Maritime Communications, PR Docket No. 92-257, Second Report and Order and Second Further Notice of Proposed Rule Making, 12 FCC Rcd 16949, 69 (1997). The rules for operation on land are codified at 47 C.F.R. § 80.123. Although AMTS also has an allocation in the 216-217 MHz band, these frequencies are not authorized for assignment. See 47 C.F.R. § 80.385. This policy was implemented to protect television reception on channel 13, which operates in the 210-216 MHz band. See 47 C.F.R. §§ 2.106, footnote US274 and 90.259. See 47 C.F.R. § 2.106, footnote US210. See 47 C.F.R.
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- Beach and Tecate: 32-35-00 N. 117-12-00 W. to 32-42-00 N. 116-56-00 W. to 32-41-00 N. 116-41-00 W. to 32-35-00 N. 116-38-00 W. to 32-31-00 N. 117-11-00 W. and return.'' See, e.g., 47 C.F.R. § 87.187(bb), (cc). See 14 C.F.R. Part 119. See Letter, dated April 5, 2000, from Russ Hammer, Principal Operations Inspector, FAA to FCC. See 47 C.F.R. § 80.123(c), which allows associated land stations of public coast station licensees to identify themselves by the licensee's call sign followed by a unique alphanumeric unit identifier. See 47 C.F.R. § 87.107(a)(2). TCAS is an airborne warning system designed to avert mid-air collisions. See, e.g., Rockwell Collins, Inc., Order, 14 FCC Rcd 3340 (WTB PSPWD 1999). See e.g,. Establishment of Policies and
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- not required to provide emergency services via 911 dialing because, as Public Coast Stations (Part 80, Subpart J) providing service to United States coastal and inland waterways, the passengers and crews of ships on these waterways do not rely on ground-based rescue operations. Instead, they rely on internationally approved emergency regulations. Id., at 1817-18 (paras. 82-83). Current rule section, § 80.123, governs VPC service. 47 C.F.R. § 80.123. We note, however, that this Order only applies to VHF Public Coast Stations and is not determinative of the applicability of the 911 Act to other Part 80 licensees including AMTS Public Coast Stations. Maritel Petition at 3-4 and Maritel Petition Reply at 3. See also, H. Rep. No. 106-25 at 5-9 (1999)
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- the Commission's Rules Applicable to Automated Maritime Telecommunications Systems (AMTS), First Report and Order, RM-5712, 6 FCC Rcd 437 para. 3 (1991). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 16964-65 paras. 24-26 (1997); see also 47 C.F.R. § 80.123. See also, Amendment of the Commission's Rules Concerning Maritime Communications, Second Memorandum Opinion and Order and Fifth Report and Order, PR Docket No. 92-257, 17 FCC Rcd. 6685, 6703 n.171 (2002) (stating ``[n]either the Fifth R&O nor the present item addresses whether our 911 and enhanced 911 (E911) requirements apply or should apply to AMTS operations). VHF Memorandum Opinion, 16
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- Order). 47 C.F.R. § 80.475(a). Fred Daniel d/b/a Orion Telecom, Memorandum Opinion and Order, 13 FCC Rcd 25313, 25315 ¶ 7 (WTB PSPWD 1998), aff'd, Order on Reconsideration, 14 FCC Rcd 1050 (WTB PSPWD 1999), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 19912 (1999). See Second Report and Order, 12 FCC Rcd at 16964-65 ¶ 25; 47 C.F.R. § 80.123(b). Regionet is the successor of Fred Daniel d/b/a Orion Telecom (Orion). Regionet has been assigned all AMTS licenses that were originally issued to Waterway Communications System LLC (Watercom), which was licensed to serve the Mississippi River system and the Gulf of Mexico. See Fourth Report and Order, 15 FCC Rcd at 22592 ¶ 10. Both Regionet and Watercom are now
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- Order). 47 C.F.R. § 80.475(a). Fred Daniel d/b/a Orion Telecom, Memorandum Opinion and Order, 13 FCC Rcd 25313, 25315 ¶ 7 (WTB PSPWD 1998), aff'd, Order on Reconsideration, 14 FCC Rcd 1050 (WTB PSPWD 1999), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 19912 (1999). See Second Report and Order, 12 FCC Rcd at 16964-65 ¶ 25; 47 C.F.R. § 80.123(b). Regionet is the successor of Fred Daniel d/b/a Orion Telecom (Orion). Regionet has been assigned all AMTS licenses that were originally issued to Waterway Communications System LLC (Watercom), which was licensed to serve the Mississippi River system and the Gulf of Mexico. See Fourth Report and Order, 15 FCC Rcd at 22592 ¶ 10. Both Regionet and Watercom are now
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- even thousands of miles from land. See generally id. See Public Coast Fifth Report and Order, 17 FCC Rcd at 6710 ¶ 56, 6716-17 ¶ 75. See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949, 17020 (1997); 47 C.F.R. § 80.123; see also Technology for Communications International, Order, 14 FCC Rcd 16173, 16176-77 ¶ 8 (WTB PSPWD 1999) (denying a request for a waiver to permit a high seas public coast station to serve units on land, and explaining that, because of the propagation characteristics of HF signals, interference to international communications is a possibility associated with service to units on
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- communications, instead of only public correspondence. In 2002, the Commission adopted a geographic area licensing approach for AMTS stations. III. DISCUSSION Private mobile radio service for units on land. Under the current rules, VPC and AMTS stations may provide either commercial service or private correspondence service to maritime units, but may provide only commercial service to units on land. Section 80.123 of the Commission's Rules, which permits VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, specifically authorizes only ``public correspondence service to stations on land.'' In addition, Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private mobile communications, by its terms limits the permissible communications to ``the operational requirements
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- to the VPC 4th FNPRM. 47 C.F.R. § 80.303(a). 47 C.F.R. § 80.371(c)(4). USCG Comments (PR 92-257) at 1-2; Maritel Comments (PR 92-257) at 3; Maritel Reply Comments (PR 92-257) at 3. Maritel Comments (PR 92-257) at 3. Maritel also suggests that we revise the requirement that stations serving units on land provide priority to marine-originating communications, 47 C.F.R. § 80.123(b), to exempt stations near coastal areas. Id. at 4; Maritel Reply Comments (PR 92-257) at 3. We believe that this proposal is beyond the scope of the issues framed in the 4th FNPRM, which pertain to VPC stations' obligation to maintain a Channel 16 watch. We also note, however, that Maritel's suggestion is contrary to the Commission's intent when it
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- the Commission's Rules Concerning Maritime Communications, Notice of Proposed Rule Making and Notice of Inquiry, PR Docket No. 92-257, 7 FCC Rcd 7863, 7864 ¶ 7 (1992). In recent years, the Commission has provided VPC stations additional flexibility to expand their service offerings. See, e.g., 47 C.F.R. § 20.9(b) (permitting VPC stations to offer private radio service); 47 C.F.R. § 80.123 (authorizing VPC stations to provide service to units on land). 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 (1998) (Public Coast Third Report and Order). Id. at 19876 ¶ 48. In the Public Coast Third Report and Order, the Commission also adopted, inter
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- 445 12th Street, SW., Washington, DC (Reference Information Center) or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr _locations.html. The ITU-R Recommendation can be purchased from the International Telecommunication Union (ITU), Place des Nations, CH-1211 Geneva 20, Switzerland. * * * * * Section 80.123 is amended by revising paragraph (d) to read as follows: § 80.123 Service to stations on land. * * * * * (d) Radio equipment used on land must be certified for use under part 22, part 80, or part 90 of this chapter. Such equipment must operate only on the public correspondence channels authorized for use by the associated
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- communications to vessels, instead of only public correspondence. In 2002, the Commission adopted a similar geographic area licensing approach for AMTS stations. As a result of these rule changes, VPC and AMTS stations currently are permitted under Part 80 to provide either public or private correspondence service to maritime vessels, but only public correspondence service to units on land. Section 80.123 of the Commission's Rules allows VPC and AMTS licensees to serve fixed and mobile units on land on a subsidiary basis, but authorizes only ``public correspondence service to stations on land.'' Section 80.475(c) of the Commission's Rules, which allows AMTS licensees to provide private radio services, by its terms limits the permissible communications to ``the operational requirements of ships including
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- Concerning Maritime Communications, Notice of Proposed Rule Making and Notice of Inquiry, PR Docket No. 92-257, 7 FCC Rcd 7863, 7864 ¶ 7 (1992). In recent years, the Commission has provided VPC stations with flexibility to expand their service offerings. See, e.g., 47 C.F.R. § 20.9(b) (permitting VPC geographic licensees to offer private radio service to vessels); 47 C.F.R. § 80.123 (authorizing VPC stations to provide public correspondence service to units on land); MariTEL, Inc. and Mobex Network Services LLC, Petitions for Rule Making to Amend the Commission's Rules to Provide Additional Flexibility for AMTS and VHF Public Coast Station Licensees, Report and Order, WT Docket No. 04-257, 22 FCC Rcd 8971 (2007) (Coast Station Flexibility Order) (authorizing VPC geographic licensees
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- rules, rather than the Part 80 requirements. The Commission reaffirmed its commitment to ensure that VPC and AMTS services primarily benefit the maritime community, and explained that eliminating such a requirement would create a risk of a de facto reallocation of this spectrum from maritime to land mobile use. The Commission also denied Havens's request that it clarify that Section 80.123(d) of the Commission's Rules permits VPC and AMTS licensees that provide service to units on land to use base station equipment approved under Part 22 or Part 90. The Commission explained that the rule requires VPC and AMTS base station equipment to be certified under Part 80, and permits only land mobile units operating in conjunction with such base stations
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- 19 FCC Rcd 15225 (2005). 9Petitions were filed by MariTEL, Inc., a VPC licensee, on May 16, 2003, and Mobex Network Services, LLC, an AMTS licensee, on June 13, 2003, respectively. 10See id. at 15228-29 ¶¶ 7-9. 11See id. at 15230 ¶ 10. 12See Report and Order, 22 FCC Rcd at 8976-78 ¶¶ 8-10. See also 47 C.F.R. §§ 20.9, 80.123, 80.475(c). 13See Report and Order, 22 FCC Rcdat 8978 ¶ 11. See also 47 C.F.R. §§ 80.5, 80.475(d). 534 Federal Communications Commission FCC 10-6 allocated frequencies for maritime public correspondence had decreased, partly due to mariners' increased access to cellular, PCS, and satellite services, while demand for PLMR services, including public safety and traditional dispatch services, had increased.14Itfurther noted that
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- around their stations so long as they give priority to communications from stations operating on the water. See Amendment Of The Commission's Rules Concerning Maritime Communications, PR Docket No. 92-257, Second Report and Order and Second Further Notice of Proposed Rule Making, 12 FCC Rcd 16949, 69 (1997). The rules for operation on land are codified at 47 C.F.R. § 80.123. Although AMTS also has an allocation in the 216-217 MHz band, these frequencies are not authorized for assignment. See 47 C.F.R. § 80.385. This policy was implemented to protect television reception on channel 13, which operates in the 210-216 MHz band. See 47 C.F.R. §§ 2.106, footnote US274 and 90.259. See 47 C.F.R. § 2.106, footnote US210. See 47 C.F.R.
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- after the date the license expires. * * * * * 8. In Section 80.89, the text in paragraph (f) is amended to read as follows: § 80.89 Unauthorized transmissions. (a) * * * (f) Transmit while on board vessels located on land unless authorized under a public coast station license. * * * * * 9. A new Section 80.123 is added under Special Procedures-Public Coast Stations to read as follows: 52 § 80.123 Service to stations on land. Marine VHF public coast stations, including AMTS coast stations, may provide public correspondence service to stations on land in accordance with the following: (a) The public coast station licensee must provide each associated land station with a letter, which shall be
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- that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international Federal Communications Commission FCC 98-151 See, e.g., 47 C.F.R. §§ 22.165, 101.1009(a). 82 See 47 C.F.R. § 90.173(n). 83 See 47 C.F.R. § 90.687. 84 MariTEL Petition at 5. 85 See Orion Petition to Deny at 3-4 (filed Sept. 9, 1997). 86 47 C.F.R. § 80.123(b). 87 47 C.F.R. § 80.57. 88 12 coordination, or would affect the radio frequency quiet zones described in Section 80.21 of the Commission's Rules. This simplified approach toward initial licensing and subsequent system modification is consistent with the approach we have taken for geographic area licensing in other wireless services. In addition, we believe that such an approach 82 will
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- data communications, somewhat like a ke a cellular phone system, for tugs, barges, and other vessels on wa cellular phone system, for tugs, barges, and other vessels on waterways. terways. Section 80.475(c): Private coast service may be provided in lie Section 80.475(c): Private coast service may be provided in lieu of public u of public coast service. coast service. Section 80.123: Public correspondence service to units on land Section 80.123: Public correspondence service to units on land is also is also permitted, provided that permitted, provided that --marine marine--originating communications receive priority originating communications receive priority --land units are limited to 25 watts power land units are limited to 25 watts power --land units communicate only through the coast station, and
- http://wireless.fcc.gov/auctions/61/resources/03_JTobias_JShaffer.pdf
- data communications, somewhat like a ke a cellular phone system, for tugs, barges, and other vessels on wa cellular phone system, for tugs, barges, and other vessels on waterways. terways. Section 80.475(c): Private coast service may be provided in lie Section 80.475(c): Private coast service may be provided in lieu of public u of public coast service. coast service. Section 80.123: Public correspondence service to units on land Section 80.123: Public correspondence service to units on land is also is also permitted, provided that permitted, provided that --marine marine--originating communications receive priority originating communications receive priority --land units are limited to 25 watts power land units are limited to 25 watts power --land units communicate only through the coast station, and
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- to provide emergency services via 911 dialing because, as Public Coast Stations (Part 80, Subpart J) providing service to United States coastal and inland waterways, the passengers and crews of ships on these waterways do not rely on ground-based rescue operations. Instead, they rely on internationally approved emergency regulations. 150 Id., at 1817-18 (paras. 82-83). 151 Current rule section, § 80.123, governs VPC service. 47 C.F.R. § 80.123. We note, however, that this Order only applies to VHF Public Coast Stations and is not determinative of the applicability of the 911 Act to other Part 80 licensees including AMTS Public Coast Stations. 152 Maritel Petition at 3-4 and Maritel Petition Reply at 3. See also, H. Rep. No. 106-25 at 5-9
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- around their stations so long as they give priority to communications from stations operating on the water. See Amendment Of The Commission's Rules Concerning Maritime Communications, PR Docket No. 92-257, Second Report and Order and Second Further Notice of Proposed Rule Making, 12 FCC Rcd 16949, 69 (1997). The rules for operation on land are codified at 47 C.F.R. § 80.123. Although AMTS also has an allocation in the 216-217 MHz band, these frequencies are not authorized for assignment. See 47 C.F.R. § 80.385. This policy was implemented to protect television reception on channel 13, which operates in the 210-216 MHz band. See 47 C.F.R. §§ 2.106, footnote US274 and 90.259. See 47 C.F.R. § 2.106, footnote US210. See 47 C.F.R.
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- nom. WJG Tel. Co. v. FCC, 675 F.2d 386 (D.C. Cir. 1982). Implementation of Sections 3(n) and 332 of the Communications Act-Regulatory Treatment of Mobile Services, Second Report and Order, 9 FCC Rcd 1411, 1448 ¶ 83 (1994); see also 47 C.F.R. § 20.9. Maritime Second Report and Order, 12 FCC Rcd at 16964 ¶ 24; see 47 C.F.R. § 80.123. See Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance for Broadband Personal Communications Services, Memorandum Opinion and Order and Notice of Proposed Rulemaking, 13 FCC Rcd 16857, 16860-61 ¶¶ 8-9 (1998). 47 U.S.C. § 160(a)(1)-(3). Subsection (d) of Section 10 prohibits forbearance from Section 251(c) and Section 271 of the Act until certain conditions are met.
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- Boston. See Strategis Report, SMR, at 45. Strategis Report, SMR at 3-5, 18 and 25. See Datamarine International Inc., SEC Form 10K, for the fiscal year ended September 30, 2000 (January 16, 2001) and Datamarine International Quarterly Report, SEC Form 10QSB (Feb. 13, 2001) (reflecting that the company's backlog has increased). Strategis Report, SMR at 5. See 47 C.F.R. § 80.123. Mobex Communications, through its subsidiary Regionet Wireless LLC, holds AMTS licenses that currently provide land-based AMTS dispatch service on the East and West Coasts and in the Great Lakes area. See www.mobex.com; see also Kristen Beckman, ``Regionet Uses Maritime Licenses to Offer SMR Service,'' Radio Communications Report (Aug. 16, 1999). Nextel intends to purchase a 15% equity interest in Regionet.