[PUP] AIS Class B aboard a US vessel.
Stan
crossroadsn50 at yahoo.com
Sun Oct 26 23:23:41 EDT 2008
Mike,
Thank-you for the heads up on FCC regulations, but I believe that this
is now a moot point because it looks like the FCC has now approved Class
B.
See http://www.panbo.com/archives/2008/09/class_b_ais_finally_the_fcc_order.html#more
also see
http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0919/FCC-08-208A1.pdf
<http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0919/FCC-08-208A1.pdf>
I don't want to see anyone getting crosswise with the FCC either.
Regards,
Stan
Mike Maurice wrote:
> A recent post suggested that a US owner could buy a Class B AIS unit in
> Canada and use it aboard their boat.
>
> There are a number of issues to keep in mind. First the use of a Class B
> unit aboard an American owned boat is not presently legal, in point of
> fact the mere possession is probably not legal. Bringing the unit into
> the US could get it confiscated by US Customs.
>
> The FCC's authority extends to American vessels in International waters
> and to some extent even in the territory of a foreign country. This
> authority is rather draconian in that the equipment is subject to
> confiscation, and to add injury to insult, fines on the order of many
> thousands of dollars can be involved. As for foreign yachts, the FCC's
> authority to prohibit the USE (not possession) of this equipment within
> US territory is absolute.
>
> The process whereby these things can be done to a violator can be swift
> and difficult to reverse.
>
> Understand that I personally don't have a problem with American small
> vessels having or using AIS class B. If the FCC won't permit it's use in
> American territory then I think they should explicitly allow it's use on
> the ocean beyond 3 or maybe 12 miles and the high seas and wherever a
> foreign country permits it in that country's territory.
>
> In the meantime, if you are thinking of buying in Canada and having it
> aboard your American boat, keep in mind what the consequences could be
> if you get crosswise to the FCC. The USCG and the US Customs Service are
> empowered to enforce FCC laws, so you don't actually have to encounter
> an FCC enforcement officer. These so called dire consequences are not
> very likely, unless the FCC decides that this is a problem they want to
> crack down on, which could mean you.
>
> The only problem I have with this entire topic is the suggestion that
> buying in Canada and using it aboard an American boat is somehow legal
> and without any possible legal complications. There are a lot of naive
> and inexperienced people reading these posts and it does them no favor
> to have them think that this is perfectly legit. And it won't be until
> the FCC authorizes the class B equipment.
>
>
>
>
> Regards,
> Mike
>
> _____________________________________
> Capt. Mike Maurice
> Tigard Oregon(Near Portland)
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