This subpart contains the procedures and requirements for the filing of applications for licenses to operate radio facilities in the maritime services. part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the FCC.

(a) Except as noted in paragraph (c) of this section, stations in the maritime service must be licensed by the FCC either individually or by fleet.

(b) One ship station license will be granted for operation of all maritime services transmitting equipment on board a vessel. Radiotelegraph and narrow-band directing-printing equipment will not be authorized, however, unless specifically requested by the applicant.

(c) A ship station is licensed by rule and does not need an individual license issued by the FCC if the ship station is not subject to the radio equipment carriage requirements of any statute, treaty or agreement to which the United States is signatory, the ship station does not travel to foreign ports, and the ship station does not make international communications. A ship station licensed by rule is authorized to transmit radio signals using a marine radio operating in the 156-162 MHz band, any type of AIS, any type of EPIRB, and any type of radar installation. All other transmissions must be authorized under a ship station license. Even though an individual license is not required, a ship station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part.

(a) General. A station license cannot be granted to or held by a foreign government or its representative.

(b) Public coast stations and Alaska-public fixed stations. A station license for a public coast station or an Alaska-public fixed station cannot be granted to or held by:

(1) Any alien or the representative of any alien;

(2) Any foreign government or its representative;

(3) Any corporation organized under the laws of any foreign government;

(4) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or its representative, or by a corporation organized under the laws of a foreign country; or

(5) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or its representatives, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.

(c) Private coast and marine utility stations. The supplemental eligibility requirements for private coast and marine utility stations are contained in § 80.501(a).

(d) Ship stations. A ship station license may only be granted to:

(1) The owner or operator of the vessel;

(2) A subsidiary communications corporation of the owner or operator of the vessel;

(3) A State or local government subdivision; or

(e) A 406.0-406.1 MHz EPIRB may be used by any ship required by U.S. Coast Guard regulations to carry an EPIRB or by any ship that is equipped with a VHF ship radio station.

(a) Stations in the Maritime Mobile Service are licensed according to class of station as follows:

(1) Public coast stations.

(2) Private coast stations.

(3) Maritime support stations.

(4) Ship stations. The ship station license may include authority to operate other radio station classes aboard ship such as; radionavigation, on-board, satellite, EPIRB, radiotelephone, radiotelegraph and survival craft.

(5) Marine utility stations.

(b) Stations on land in the Maritime Radiodetermination Service are licensed according to class of station as follows:

(1) Shore radiolocation stations.

(2) Shore radionavigation stations.

(c) Fixed stations in the Fixed Service associated with the maritime services are licensed as follows:

(1) Operational fixed stations.

(2) Alaska-public fixed stations.

(3) Alaska-private fixed stations.

Applications must contain supplementary information as indicated in this section. Other supplemental information may be required by other rule sections of this part concerning particular maritime services.

(a) Each application for a new public coast station operating on frequencies in the band 156-162 MHz must include as supplementary information a chart, with supporting data, showing the service area contour computed in accordance with subpart P of this part.

(b) Each application for a new public coast station operating on frequencies in the band 156-162 MHz to be located within the coordination boundaries of “Arrangement “A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz”, must comply with the provisions of the “Canada/U.S.A. Channeling Agreement for VHF Maritime, Public Correspondence” as contained in § 80.57.

(c) A new station on a vessel not located in the United States must not be documented or otherwise registered by any foreign authority. The foreign authorities where the vessel is located will not or cannot license the vessel radio equipment and can not object to the licensing of the equipment by the United States. An applicant must provide verification of these facts upon request by the Commission.

(a) Licenses for ship stations in the maritime services will normally be issued for a term of ten years from the date of original issuance, or renewal.

(b) Licenses other than ship stations in the maritime services will normally be issued for a term of ten years from the date of original issuance, major modification, or renewal.

Wireless telecommunications carriers subject to this part must comply with the discontinuance of service provisions of part 63 of this chapter.

Marine utility stations. One station license may be issued to authorize a designated maximum number of marine utility stations operating at temporary unspecified locations, normally in multiples of ten stations when:

(a) The licensee of each station is the same; and

(b) The authorized area of operation of each station is the same.

This section describes the circumstances under which a coast station location is classified as permanent or temporary unspecified.

(a) Permanent. Whenever a station is to transmit from a single location, the station location is permanent and the location must be shown on the application.

(b) Temporary unspecified. Whenever a station is to transmit from unspecified locations within a prescribed geographical area, the station location is temporary unspecified and the proposed geographical operating area must be shown on the application.

This section applies to coast or fixed stations at permanent locations.

(a) Applicants must provide the address or location of the control point where station records will be kept.

(b) When the address or location of a control point where station records are kept is to be changed, the licensee must request a modification of the station license.

(c) Control points not collocated with station records and dispatch points may be installed and used without obtaining any authorization from the Commission.

Transmitters listed in § 80.203 must be authorized for a particular use by the Commission based upon technical requirements contained in subparts E and F of this part, except for transmitters that are used on vessels in the Maritime Security Fleet and are deemed to satisfy all Commission equipment certification requirements pursuant to section 53108(c) of Title 46 of the United States Code.

For applications other than ship stations, the applicant must propose frequencies and ensure that those requested frequencies are consistent with the applicant's eligibility, the proposed class of station operation, and the frequencies available for assignment as contained in subpart H of this part.

A station may be used for emergency communications when normal communication facilities are disrupted. The Commission may order the discontinuance of any such emergency communication service.

(a) Public coast stations. (1) Each VHF public coast station geographic area licensee must notify the Commission of substantial service within its region or service area (subpart P) within five years of the initial license grant, and again within ten years of the initial license grant in accordance with § 1.946 of this chapter. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. For site-based VHF public coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, the licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies authorized have been placed in operation within twelve months from the date of the grant.

(2) For LF, MF, and HF band public coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, if the station or frequencies authorized have not been placed in operation within twelve months from the date of grant, the authorization becomes invalid and must be returned to the Commission for cancellation.

(3) Each AMTS coast station geographic area licensee must make a showing of substantial service within its service area within ten years of the initial license grant, or the authorization becomes invalid and must be returned to the Commission for cancellation. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. For site-based AMTS coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, if the station or frequencies authorized have not been placed in operation within two years from the date of the grant, the authorization becomes invalid and must be returned to the Commission for cancellation.

(b) Public fixed stations. When a new license has been issued or additional operating frequencies have been authorized, the licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies authorized have been placed in operation within twelve months from the date of the grant.

A ship earth station must display the Commission license.

The Commission may grant a license permitting operation of a portable ship station aboard different vessels of the United States.

AMTS licensees will be issued blanket authority for a system of coast stations and mobile units (subscribers). AMTS applicants will specify the maximum number of mobile units to be placed in operation during the license period.

(a) An applicant may apply for licenses for two or more radiotelephone stations aboard different vessels on the same application. Under these circumstances a fleet station license may be issued for operation of all radio stations aboard the vessels in the fleet.

(b) The fleet station license is issued on the following conditions:

(1) The licensee must keep a current list of vessel names and registration numbers authorized by the fleet license;

(2) The vessels do not engage in voyages to any foreign country;

(3) The vessels are not subject to the radio requirements of the Communications Act or the Safety Convention.

(a) Canada/U.S.A. arrangement. Pursuant to arrangements between the United States and Canada, assignment of VHF frequencies in the band 156-162 MHz to public coast stations in certain areas of Washington state, the Great Lakes and the east coast of the United States must be made in accordance with the provisions of this section.

(b) Definitions. On the west coast, specific terms are defined as follows:

(1) Inland Waters Public Correspondence Sector. A distinct geographical area in which one primary and one supplementary channel is allotted. A number of local channels may also be authorized.

(2) Coastal Waters Public Correspondence Sector. A distinct geographical area in which one primary and one supplementary channel is allotted. Local channels may also be authorized.

(3) Inland waters. Inland waters of western Washington and British Columbia bounded by 47 degrees latitude on the south, the Canada/U.S.A. Coordination Zone Line B on the north, and to the west by 124 degrees 40 minutes longitude at the west entrance to the Strait of Juan de Fuca.

(4) Coastal waters. Waters along the Pacific Coast of Washington state and Vancouver Island within the Canada/U.S.A. Coordination Zone.

(5) Inland Waters Primary Channel. A channel intended to cover the greater portion of an Inland Waters Public Correspondence Sector. It may provide some coverage to an adjacent sector but must not provide coverage beyond the adjacent sector. Harmful interference beyond the adjacent sector must not occur. Only one primary channel will be authorized in any sector.

(6) Inland waters of western Washington and British Columbia bounded by 46°59′59.3″ north latitude on the south, the Canada/U.S.A. Coordination Zone Line B on the south, and to the west by 124°40′4.7″ west latitude at the west entrance to the Strait of Juan de Fuca.

(7) Inland Waters Local Channel. A channel designed to provide local coverage of certain bays, inlets and ports where coverage by primary or supplementary channels is poor or where heavy traffic loading warrants. A local channel must not cause harmful interference to any primary or supplementary channels. Coverage must be confined to the designated sector.

(8) Coastal Waters Primary Channel. Same as (5) except for technical characteristics.

(9) Coastal Waters Supplementary Channel. Same as (6) except for technical characteristics.

(10) Coastal Waters Local Channel. Same as (7) except for technical characteristics.

(c) Technical characteristics. On the west coast, technical characteristics of public correspondence stations will be as follows:

(1) Inland Waters Primary and Supplementary Channels. The effective radiated power (ERP) must not exceed 60 watts. Antenna height must not exceed 152 meters (500 feet) above mean sea level (AMSL) with the exceptions noted in paragraph (d)(5) of this section.

(2) Inland Waters Local Channel. ERP must not exceed 8 watts with an antenna height of no more than 15 meters (50 feet) AMSL or the ERP must not exceed 2 watts with an antenna height of no more than 30 meters (100 feet) AMSL.

(3) Coastal Waters Primary and Supplementary Channels. ERP must not exceed 125 watts with no antenna restrictions.

(4) Coastal Waters Local Channel. ERP must not exceed 10 watts with a maximum antenna height of 76 meters (250 feet) AMSL.

(5) Harmful interference will be determined and resolved using the definition and procedures of the ITU Radio Regulations.

(6) To keep the ERP and antenna elevations at a minimum and to limit coverage to the desired areas, an informal application may be filed for special temporary authority in accordance with §§ 1.41 and 1.931 of this chapter to conduct a field survey to obtain necessary data for informal application. Such data may accompany the application and be used in lieu of theoretical calculations as required in subpart P of this part. The Seattle FCC District Office must be notified in advance of scheduled tests.

(d) Canada/U.S.A. channeling arrangement for West Coast VHF maritime mobile public correspondence. (1) The provisions of the Canada/U.S. channeling arrangement apply to waters of the State of Washington and of the Province of British Columbia within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz. In addition, all inland waters as far south as Olympia are to be included. A map of these waters is contained in paragraph (d)(6) of this section, Figure 1.

(2) The channeling arrangement applies to the following VHF public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87 and 28.

(3) Public correspondence stations may be established by either country in accordance with the provisions of the arrangements. However, there must be an exchange of information prior to the establishment of new stations or a change in technical parameters of existing stations. Any channel except that used as primary or supplementary channel in a given sector is available for use as a local channel in that sector. Local channels are not protected from interference caused by primary or supplementary channels in adjacent sectors if these stations are in compliance with this section.

(4) Preliminary local Canadian/U.S. coordination is required for all applications at variance with this section. This coordination will be in accordance with the provisions of Arrangement “A” of the Canada/U.S. Frequency Coordination Agreement over 30 MHz. Stations at variance with the arrangement are not protected from interference and must not cause interference to existing or future stations which are in accordance with the agreement.

(5) The agreed channeling arrangements for the west coast are as follows:

(e) Canada/U.S.A. VHF channeling arrangement on the Great Lakes and the St. Lawrence Seaway. Channels on the Great Lakes and the St. Lawrence Seaway will be assigned as follows:

(1) The provisions of the arrangement apply to the waters of the Great Lakes and the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz.

(2) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.

(3) Canada and the U.S.A. use the following channeling arrangement:

(i) Canadian channels: 24, 85, 27, 88 (Note 1).

(ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).

(iii) Shared channels: 26 (Note 3).

(f) Canada/U.S.A. channeling arrangement for East Coast VHF maritime mobile public correspondence. For purposes of this section, channels on the east coast will be assigned as follows:

(1) The provisions of the arrangement apply to the Canadian and U.S.A. east coast waters including the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz.

(2) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.

(3) Canada and the U.S.A. use the following channeling arrangement:

(i) Canadian channels: 24, 85, 27, 88 (Note 1).

(ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).

(iii) Shared channel: 26 (Note 3).

(a) Inspection of ships subject to part II or III of title III of the Communications Act or the Safety Convention.

(1) The FCC will not normally conduct the required inspections of ships subject to the inspection requirements of part II or III of title III of Communications Act or the Safety Convention.

(2) A certification that the ship has passed an inspection must be entered into the ship's log by the inspecting technician. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or employee or their affiliates. Additionally, the vessel owner, operator, or ship's master must certify in the station log that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to paragraph (a)(1) of this section. An inspection of the bridge-to-bridge radio stations on board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act must be conducted by the same FCC-licensed technician.

(3) Additionally, for passenger vessels operated on an international voyage the inspecting technician must send a completed FCC Form 806 to the Officer in Charge, Marine Safety Office, United States Coast Guard in the Marine Inspection Zone in which the ship is inspected.

(4) In the event that a ship fails to pass an inspection the inspecting technician must make a log entry detailing the reason that the ship did not pass the inspection. Additionally, the technician must notify the vessel owner, operator, or ship's master that the vessel has failed the inspection.

(5) Because such inspections are intended to ensure the availability of communications capability during a distress the Commission will vigorously investigate reports of fraudulent inspections, or violations of the Communications Act or the Commission's Rules related to ship inspections. FCC-licensed technicians, ship owners or operators should report such violations to the Commission through its National Call Center at 1-888-CALL FCC (1-888-225-5322).

(b) Inspection and certification of a ship subject to subpart T of this part. The FCC will not inspect vessels that are subject to subpart T of this part. An inspection and certification of a ship subject to subpart T of this part must be made by a technician holding one of the following: an FCC General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, a First Class Radiotelegraph Operator's Certificate, or a Radiotelegraph Operator License. The certification required by § 80.953 must be entered into the ship's log. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or an employee of any of them. Additionally, the vessel owner, operator, or ship's master must certify that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection under this section.

(c) Application for exemption. (1) Applications for exemption from the radio provisions of part II or III of title III of the Communications Act, the Safety Convention, or subpart T of this part, or for modification or renewal of an exemption previously granted must be filed as a waiver request using FCC Form 605. Waiver requests must include the following information:

(i) Name of ship;

(ii) Call sign of ship;

(iii) Official number of ship;

(iv) Gross tonnage of ship;

(v) The radio station requirements from which the exemption is requested:

(A) Radiotelephone (VHF/MF);

(B) Radiotelegraph; and/or

(C) Radio direction finding apparatus;

(vi) File number of any previously granted exemption;

(vii) Detailed description of the voyages for which the exemption is requested, including:

(A) Maximum distance from nearest land in nautical miles;

(B) Maximum distance between two consecutive ports in nautical miles; and

(C) Names of all ports of call and an indication of whether travel will include a foreign port;

(viii) Reasons for the exemption:

(A) Size of vessel;

(B) Variety of radio equipment on board;

(C) Limited routes; and/or

(D) Conditions of voyages;

(ix) A copy of the U.S. Coast Guard Certificate of Inspection an indication of whether the vessel is certified as a Passenger or Cargo ship (for passenger ships, list the number of passengers the ship is licensed to carry); and

(x) Type and quantity of radio equipment on board, including:

(A) VHF Radio Installation (indicate if GMDSS approved);

(B) Single Side-Band (SSB) (indicate the band of operation, MF or HF and indicate if GMDSS approved);

(C) Category 1, 406 MHz EPIRB (GMDSS approved);

(D) NAVTEX Receiver (GMDSS approved);

(E) Survival Craft VHF (GMDSS approved);

(F) 9 GHz Radar Transponder (GMDSS approved);

(G) Ship Earth Station;

(H) 2182 Radiotelephone Auto Alarm

(I) Reserve Power Supply (capability); and

(J) Any other equipment.

(2) Feeable applications for exemption must be filed electronically using the Commission's Universal Licensing System. Emergency requests must be filed with the Federal Communications Commission, Office of the Secretary, located at the address of the FCC's main office indicated in 47 CFR 0.401(a).

(d) Waiver of annual inspection. (1) The Commission may, upon a finding that the public interest would be served, grant a waiver of the annual inspection required by Section 362(b) of the Communications Act, 47 U.S.C. 360(b), for a period of not more than 90 days for the sole purpose of enabling a United States vessel to complete its voyage and proceed to a port in the United States where an inspection can be held. An informal application must be submitted by the ship's owner, operator or authorized agent. The application must be submitted to the Commission's Wireless Telecommunications Bureau at least three days before the ship's arrival. The application must include:

(i) The ship's name and radio call sign;

(ii) The name of the first United States port of arrival directly from a foreign port;

(iii) The date of arrival;

(iv) The date and port at which annual inspection will be formally requested to be conducted;

(v) The reason why an FCC-licensed technician could not perform the inspection; and

(vi) A statement that the ship's compulsory radio equipment is operable.

(2) Vessels that are navigated on voyages outside of the United States for more than 12 months in succession are exempted from annual inspection required by section 362(b) of the Communications Act, provided that the vessels comply with all applicable requirements of the Safety Convention, including the annual inspection required by Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed technician in accordance with this section within 30 days of arriving in the United States.

(a) Except as specified in § 20.15(c) of this chapter with respect to commercial mobile radio service providers, charges must not be made for service of:

(1) VHF Public Coast area licensees, see § 80.371(c)(1)(ii), may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section.

(2) AMTS geographic area licensees, see § 80.385(a)(3), may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section. Site-based AMTS public coast station licensees may partition their license or disaggregate their spectrum pursuant to the procedures set forth in this section, provided that the partitionee or disaggregatee's predicted 38 dBu signal level contour does not extend beyond the partitioner or disaggregator's predicted 38 dBu signal level contour. The predicted 38 dBu signal level contours shall be calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction for antenna height differential.

(3) Nationwide or multi-region LF, MF, and HF public coast station licensees, see §§ 80.357(b)(1), 80.361(a), 80.363(a)(2), 80.371(b), and 80.374, may partition their spectrum pursuant to the procedures set forth in this section, except that frequencies or frequency pairs licensed to more than one licensee as of March 13, 2002 may be partitioned only by the earliest licensee, and only on the condition that the partitionee shall operate on a secondary, non-interference basis to stations licensed as of March 13, 2002 other than the earliest licensee. Coordination with government users is required for partitioning of spectrum the licensing of which is subject to coordination with government users.

(b) Technical standards—(1) Partitioning. In the case of partitioning, all requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC-recognized service area is utilized (e.g., Metropolitan Service Area, Rural Service Area, or Economic Area) or county lines are used. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In a case where an FCC-recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area.

(2) Disaggregation. VHF (156-162 MHz) spectrum may only be disaggregated according to frequency pairs. AMTS spectrum may be disaggregated in any amount.

(3) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.

(c) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's term as provided for in § 80.25 of this part.

(d) Partitioning and disaggregation construction requirements for site-based AMTS, and nationwide or multi-region LF, MF, and HF public coast. Parties seeking to acquire a partitioned license or disaggregated spectrum from a site-based AMTS, or nationwide or multi-region LF, MF, and HF public coast licensee will be required to construct and commence “service to subscribers” in all facilities acquired through such transactions within the original construction deadline for each facility as set forth in § 80.49. Failure to meet the individual construction deadline will result in the automatic termination of the facility's authorization.