FCC Record, Volume 3, No. 14, Pages 4085 to 4354, July 5 - July 15, 1988 Page: 4,130
xiii, 4085-4354 p. ; 28 cm.View a full description of this book.
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Federal Communications Commission Record
3 FCC Red No. 14
18. ROU/ARA provide some unsubstantiated descriptions
of distress situations the relevance of most of which
to radiotelegraph is not clear. ROU/ARA Pt. II. 7-12.
19-20. 38. 44. These descriptions do not weigh against the
requested exemptions. ROU/ARA also state that they plan
to sponsor a study of distress situations in the future.
ROU/ARA Pt. II. 2. As the study does not exist now,
however, it cannot have any bearing on the requests under
consideration.
19. ROU/ARA additionally set forth a number of criticisms
of the GMDSS. ROU/ARA Pt. I. 16-19. 27, 30. Pt.
II, 3-5. The GMDSS is not at issue here. Rather we are
proposing to provide exemptions according to the terms of
the present system as embodied in the Communications
Act and the Safety Convention. Accordingly. these criticisms
are not relevant to the requested exemptions.
20. ROU/ARA question whether the Commission can
enforce the 150 mile limitation. ROU/ARA Pt. II. 13-16.
Sufficient incentives and enforcement tools exist to ensure
compliance with this limitation. Each of these ships must
have an annual inspection by the Commission. each calls
at U.S. ports. and routine inspection of logs would reveal
any nonconforming voyages. Also we note that the routes
proposed by these ships to stay within the 150 mile limitation
are not unusual. and are at most only a few miles
longer than alternate routes. Additionally, as a practical
matter, the ship owner's potential liability in case of an
incident on a voyage where the ship was not properly
certificated would so greatly outweigh the cost of hiring a
radio officer that it would be unlikely that the ship would
undertake a voyage outside the 150 mile limit without a
radio officer.
21. Concerning the specific routes to be followed, the
route to Alaska is along the coast of Canada, and all the
proposed voyages are confined to North and Central
America. It is also significant to note that Canada provides
an exemption for ships of 1600 gross tons and upward if
fitted with one VHF, one MF, and one MF-HF radiotelephone
installation for voyages north of 17 degrees 15
minutes North Latitude within 600 nautical miles of the
American continent. 1978 Can. Gaz. Pt. II, 992, as amended.
1983 Can. Gaz. Pt. II, 1498. That covers most of the
coast of Mexico and northward. In addition, Canada has
filed equivalency statements with the IMO, under which a
ship can fit a ship earth station satellite terminal in lieu of
its main radiotelegraph installation for any voyage, IMO
doc. SLS.14/Circ. 30, January 18, 1983; or in lieu of any
radiotelegraph installation for "occasional" international
voyages, IMO doc. SLS.14/Circ. 8, March 9, 1981.
22. In reference to the route to Panama, ROU/ARA
question whether there might be a language barrier in
communications with coast stations in voyages along the
coast of Mexico and Central America and with other
vessels. They state that the search and rescue (SAR) capabilities
are deficient in that area and refer to the gap
between the Atlantic and Pacific INMARSAT satellite
coverage along a portion of the coast of Mexico.
ROU/ARA Pt. II, 12, 21-22, 51. We do not believe that
the language barrier in radiotelephony exists to a degree
that it inhibits safety communications. See Amendment of
Part 83, supra, at 55. There are internationally agreed on
words such as "MAYDAY," "Q" signals and other abbreviations,
and phonetics for letters and numbers to enable
voice communications between persons not speaking a
common language. See international Radio Regulations
No. 2938, Articles 39 and 40, and Appendices 14 and 24(Geneva 1979). Additionally. these ships will have satellite
and HF capability to communicate with stations in the
United States. including rescue coordination centers. or
elsewhere on land or sea by voice or teletype and will
have MF capability to communicate by voice with ships or
land stations within a range of 100 to 150 miles. As to any
diminished ability to communicate via satellite between
satellite coverage areas. the ships will have alternate
modes, HF telephony and telex and MF telephony for
communications.
IV. DECISION
23. In view of the discussion above, it is clear that the
Commission has statutory authority to grant the requested
exemptions. The U.S. Navy has stated that the exemptions
would have no adverse impact on national security. Further.
not only would granting the exemptions not decrease
safety for ships at sea. safety may actually be increased
because of the superiority of the redundant communications
systems that the ships would install if exempted.
Therefore. after careful consideration of the requests and
responsive pleadings. we will grant the requested exemptions
with the conditions set forth in para. 25 infra and
affirm the exemptions previously granted for the ships
GREAT LAND and WESTWARD VENTURE.
24. IT IS THEREFORE ORDERED that the motion to
strike filed by Exxon IS DENIED.
25. IT IS FURTHER ORDERED that pursuant to 47
U.S.C. 352(b), the U.S. cargo ships SANSINENA II,
CORNUCOPIA, ATLANTIC SPIRIT. BAYAMON.
BORINQUEN, CAGUAS, FORTALEZA, PONCE,
PUERTO RICO, SAN JUAN. MOBILE MERIDIAN,
SYOSSET, EXXON HOUSTON, EXXON NEW ORLEANS
and EXXON PHILADELPHIA ARE EXEMPTED
from the radiotelegraph requirements of 47 U.S.C.
Title III, Part II and the U.S. cargo ships OVERSEAS
JUNEAU. OVERSEAS BOSTON. BROOKS RANGE,
THOMPSON PASS, and MOBILE ARCTIC ARE
EXEMPTED from the radiotelegraph requirements of 47
U.S.C. Title III, Part II and of Chapter IV of the Safety
Convention for an indefinite period when navigated on
voyages not more than 150 nautical miles from the nearest
land. Each ship's exemption is subject to the following
conditions:
a. the ship must have a radiotelephone installation
that complies with Subpart R of Part 80 of the
Commission's Rules, 47 C.F.R. Part 80, Subpart R;
b. in addition to the main power source the ship
must have an emergency power source meeting all
applicable rules and regulations of the U.S. Coast
Guard, and a reserve power source that complies
with 47 C.F.R. 80.860;
c. the ship must have a satellite ship earth station
providing both voice and telex;
d. the ship must have narrow-band direct-printing
equipment including SITOR;
e. the ship must have a HF single sideband
radiotelephone with voice channels capable of operating
on the frequencies listed in 47 C.F.R.
80.369(b) for distress and safety communications and
at least four of the AMVER HF duplex channels;
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United States. Federal Communications Commission. FCC Record, Volume 3, No. 14, Pages 4085 to 4354, July 5 - July 15, 1988, book, July 1988; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1623/m1/62/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.