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)
A couplle of days ago I got this about Shine Micro's Class B FCC
approval for both transmit & Receive.
"Port Ludlow, WA, October 16, 2008
Shine Micro has received FCC approval of the RadarPlus. AIS-BX Class B
AIS transponder, which is now available for shipment to U.S. customers
with full transmit and receive capability.
The U.S. boating community has been anxiously awaiting FCC approval since
2006, when the standard was adopted by the International Electrotechnical
Commission (IEC). Earlier this year, Shine Micro released the RadarPlus.
AIS-BX Class B AIS to U.S. customers with Receive-Only functionality; to
be optionally upgraded to full transmit capability when the FCC granted
approval. At long last, Class B AIS is available to boaters in U.S.
waters too."
Rod Mell
NiSa, Monk 34
Powell River, BC
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
-----Original Message-----
............. 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.
Mike,
That claim was not correct. Class B AIS is indeed legal in the US.
For information on this, see:
http://www.panbo.com/archives/2008_09.html
http://www.fcc.gov/Daily_Releases/Daily_Business/2008/db0919/FCC-08-208A1.pdf
Kevin Redden
www.BoatMoves.com
PS - Mike, please stop blocking e-mail replies so members can get back to you.
A couplle of days ago I got this about Shine Micro's Class B FCC
approval for both transmit & Receive.
It's about time. It sure took them long enough to start approving the
Class B stuff.
Maybe now we can have good discussion on how to get the best use out of
them.
Mike
Capt. Mike Maurice
Tigard Oregon(Near Portland)