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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of MARINE SPILL RESPONSE CORP. ) ) For Waiver of the Commission's Rules ) Implementing the Global Maritime Distress ) and Safety System ) By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: ORDER Adopted: January 25, 1999 Released: January 26, 1999 In this Order, we address a request for waiver of the Commission's Rules implementing the Global Maritime Distress and Safety System (GMDSS), 47 C.F.R. 80.1065 et seq., filed by Marine Spill Response Corp. (MSRC). For the reasons discussed herein, we conclude that the request for exemption should be denied. I. BACKGROUND 1. The GMDSS is an automated ship-to-shore and ship-to-ship distress alerting and communications system that relies on satellite and advanced terrestrial data and voice communications systems. The GMDSS is intended to significantly enhance the safety of life and property at sea throughout the world. It is the result of more than a decade of effort by the International Maritime Organization (IMO) and the International Telecommunications Union (ITU). In 1988, the IMO adopted amendments to the Safety of Life at Sea (SOLAS) Convention to fully implement the GMDSS internationally by February 1, 1999. In 1992, the Commission adopted rules implementing the GMDSS for United States vessels, requiring that they be equipped with a full complement of GMDSS equipment by February 1, 1999. On November 20, 1998, the Commission temporarily waived certain of the GMDSS rules as they apply to fishing vessels and small passenger vessels that make short voyages in certain narrowly-defined waters. The waiver temporarily relieved the referenced vessels from compliance with the rules that require carriage of VHF, MF or HF radios with Digital Selective Calling (DSC) capability or an INMARSAT ship earth station. II. WAIVER REQUEST 2. By letter dated May 1, 1998, MSRC requested waiver of the following provisions of the Commission's rules: 47 C.F.R.  80.1073 (radio operator requirements for ship stations); 47 C.F.R.  80.1087 (required equipment for Sea Area A1); 47 C.F.R.  80.1089 (required equipment for Sea Areas A1 and A2); 47 C.F.R.  80.1091 (required equipment for Sea Areas A1, A2 and A3); 47 C.F.R.  80.1093 (required equipment for Sea Areas A1, A2, A3 and A4). In brief, MSRC wishes to be relieved of the requirements to carry licensed GMDSS radio operators aboard its vessels and the GMDSS equipment specified in the Commission's Rules and defined by the IMO for the various Sea Areas. MSRC submits that its Oil Spill Response Vessels (OSRV) operate in the coastal area of the United States and are authorized by the United States Coast Guard for operation in "oceans, not for international voyage" out to 200 miles. MSRC also states that the vessels generally remain in port except when responding to oil spills or when monthly training exercises are underway. According to MSRC, the OSRVs have responded to only 10 oil spills, most of which have been near the shore line. MSRC states that the training exercises which it conducts last for 8 to 12 hours, one or two days a month and normally are conducted within 20 miles of a harbor or river sea buoy. 3. MSRC represents that each OSRV carries two marine radars, a NAVTEX receiver for reception of weather information, cellular telephones, one VHF marine radio without Digital Selective Calling (DSC) capability, two VHF marine radios with DSC capability, two HF radios, a 2182 kHz watch receiver, a dual American Mobile Satellite Corporation (AMSC) satellite earth station (SES), an Emergency Position Indicator Radio Beacon (EPIRB), handheld VHF transceivers which are GMDSS-certified (type accepted), a radar transponder, aircraft radio transceivers, a commercial VHF transceiver, a commercial UHF transceiver and various navigation equipment including a Global Positioning Satellite (GPS) receiver and a LORAN receiver. III. DISCUSSION 4. In support of its waiver request, MSRC relies on Section 80.1071 of the Commission's Rules, 47 C.F.R.  80.1071, which permits exemption from specific GMDSS rules provided there is no material effect on the general efficiency of the service for the safety of all ships. The rule also provides that an exemption is warranted only when the applicability of certain enumerated GMDSS rules would render the full application of those rules, "unreasonable, unnecessary or not in the public interest." We note, as an initial matter, that Section 80.1073 of the Rules is not one of the enumerated rules for which an exemption may be granted. 5. Further, as noted supra, the Commission has granted waivers of certain GMDSS rules to fishing vessels and small passenger vessels. In the case of fishing vessels, the waiver was granted pending conclusion of a rule making proceeding directed to determining whether there are operational characteristics of the fishing fleet or other factors that merit a change in the GMDSS equipment that must be carried by fishing vessels. The waiver for small passenger vessels on defined routes was issued because such vessels sail on short voyages in protected waters and, in the past, have been relieved from the radio carriage requirements imposed on larger vessels in other waters. The waiver regarding small passenger vessels will expire when the Coast Guard has notified the Commission that Sea Areas A1 and A2 -- which have not yet been activated -- have been established in the United States. 6. After a review of MSRC's waiver request, we are not persuaded that the relatively short time that the OSRVs may be at sea constitutes a sufficient reason for exempting the vessels from the GMDSS requirements. Neither the SOLAS Convention nor our Rules contemplate making GMDSS rule compliance a function of the time a vessel is at sea. Indeed, given their assigned role of oil spill recovery, and the frequent connection between oil spills and maritime disasters, it would appear that the OSRVs may be at sea at a time when safety-related GMDSS communications are most needed. 7. MSRC urges that its extensive array of communications equipment, including the AMSC satellite terminals and its cellular telephone facilities should be deemed a substitute for the GMDSS equipment required by the Rules. In that regard, we note that the Commission previously has considered but rejected the AMSC satellite system as a substitute for the INMARSAT satellite system used in the GMDSS. Similarly, the Commission has rejected the use of cellular telephones as a substitute for marine distress and safety communications. We also note that, of the equipment listed by MSRC, the only units claimed to have DSC capability are two VHF marine radios. As a consequence, the OSRV's would not have DSC capability when outside of VHF coverage range, which is approximately defined by line of sight. As the Commission has noted previously: DSC radios are fundamentally different from conventional marine radios. For example, conventional marine radios rely on an operating protocol by which vessel operators monitor a calling channel and respond to calls from other stations. Marine radios using DSC technology, however, place and receive radio calls automatically using vessel and group identities similar to telephone numbers. Further, DSC technology automates the transmission of distress messages and is capable of sending the vessel's location along with the distress signal. Thus, lacking DSC capability on their MF and HF radio equipment, the crew of the OSRVs would lack the ability to make immediate contact and to send automated location information directly to a coast station or a DSC- equipped vessel in the event of an emergency. Indeed, under MSRC's proposal there is no assurance that even communications on its DSC-capable VHF radios would be GMDSS-compliant inasmuch as MSRC proposes that it be relieved of the requirement that two of its crew hold GMDSS Operator's Licenses. 8. In sum, we are unable to find that the alternative equipment proposed by MSRC is at least as effective at providing distress and safety communications as that required by the SOLAS Convention. Moreover, we do not find it unreasonable, unnecessary or otherwise not in the public interest to require the OSRVs to conform to the Commission's GMDSS requirements. In fact, we believe that compliance with such requirements is critical to assuring the safety of MSRC vessels and the ship and land stations that may have the occasion to communicate with them in during an emergency or crisis. Accordingly, the waiver requested by MSRC is denied. IV. ORDERING CLAUSE 9. For the reasons set forth above, the request of the Marine Spill Response Corporation for a waiver of Sections 80.1073, 80.1087, 80.1089, 80.1091, and 80.1093 of the Commission's Rules IS DENIED. 10. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau