[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18116]


[[Page Unknown]]

[Federal Register: July 27, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 13

[PR Docket No. 94-58; FCC 94-169]

 

Temporary Operating Authority for Commercial Radio Operator 
Applicants

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: This action proposes to authorize persons who have passed the 
required examinations and applied for commercial radio operator 
licenses to perform the functions of a commercial radio operator on a 
temporary and conditional basis while awaiting their licenses. The 
proposed rules are necessary so that persons who need their licenses 
immediately as a condition of employment can begin work.

DATES: Comments are due on or before September 1, 1994. Reply comments 
are due on or before October 1, 1994.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:
William T. Cross, Federal Communications Commission, Private Radio 
Bureau, Washington, D.C. 20544, (202) 632-4964.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, adopted June 13, 1994, and released July 6, 
1994. The complete text of this Commission action, including the 
proposed rule amendments, is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 230), 
1919 M Street, N.W., Washington, D.C. The complete text of this Notice 
of Proposed Rule Making, including the proposed rule amendments, may 
also be purchased from the Commission's copy contractor, International 
Transcription Services, Inc., (ITS, Inc), 2100 M Street N.W., Suite 
140, Washington, D.C. 20037.

Summary of Notice of Proposed Rule Making

    1. A commercial radio operator license is required to be held by a 
person who operates stations in a number of radio services. To qualify 
for certain of these licenses, an applicant must pass an examination(s) 
that is administered by one of the nine Commission-certified Commercial 
Operator License Examination (COLE) Managers. Within 10 days of 
completion of an examination element(s), the COLE Manager must issued a 
Proof-of-Passing Certificate (PPC) to an examinee who scores a passing 
grade on an examination element. When the examinee is credited for all 
examination elements required for the commercial operator license 
sought, the examinee applies to the Commission for the license. The 
Commission then processes the application and, if the applicant is 
fully qualified, grants the license. Total processing time may be as 
much as eight weeks.
    2. We are dedicated to providing better and friendlier service to 
our customers. One significant way we can further this goal is by 
permitting applicants who have passed the qualifying examinations and 
applied for a commercial radio operator license to perform the 
functions of a commercial radio operator prior to receiving the 
Commission license. This would be a significant benefit to persons who 
must have the license as a condition of employment by allowing them to 
start work immediately. Providing for such temporary conditional 
operating authority would product a secondary benefit by likely 
applicants receiving their Commission-issued licenses sooner because 
there would be a reduction in the number of inquiries to the processing 
staff regarding the status of pending applications. Answering such 
inquires diverts resources from the primary task of processing license 
applications.
    3. We propose to amend Secs. 13.9 and 13.13 of the Commission's 
Rules to provide temporary conditional operating authority to 
successful examinee upon properly filing an application with the 
Commission. This proposed temporary operating authority, however, would 
not apply to any person who has previously had a commercial radio 
operator license revoked, suspended, or is the subject of an ongoing 
suspension proceeding. In addition, the proposed rules provide that the 
Commission, in its discretion, may cancel the temporary conditional 
operating authority without a hearing, if the need for such action 
arises.
    4. For purposes of making log entries, the Commission proposed that 
a commercial radio operator exercising temporary conditional operating 
authority would enter the PPC serial number and date of issue in place 
of the FCC-issued license serial number and expiration date. Possession 
of the PPC document would activate the operating authority of proposed 
Sec. 13.9(d) and Sec. 13.13(d) and would thereby serve in the stead of 
the license temporarily and conditionally. This procedure would be 
verifiable and simple to implement.
    5. The proposed rules are set forth at the end of this document.
    6. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as specified in the 
Commission's Rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
    7. In accordance with Section 605(b) of the Regulatory Flexibility 
Act of 1980, 5 U.S.C. 605(b), the Commission provides the following:

Initial Regulatory Flexibility Analysis

Reasons for Action

    Objectives: This rule making proceeding is initiated to obtain 
comments concerning proposed rule changes to Part 13 of the Rules to 
permit a person who has passed the examinations necessary to qualify 
for a commercial radio operator license, but who has not yet received 
the license, to temporarily and conditionally perform the functions of 
a commercial radio operator.
    Legal Basis: The proposed action is authorized under Sections 4(i), 
303(b), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303 (b), (g), and (r).
    Reporting, Recordkeeping and Other Compliance Requirements: None.
    Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules: None.
    Description, Potential Impact, and Number of Small Entities 
Involved: Any rule changes adopted as a result of this proceeding may 
affect various small entities that require an individual to hold a 
commercial radio operator license as a condition of employment. 
Potentially, small entities could hire commercial radio operator 
licensees sooner than under present licensing procedures.
    Any Significant Alternatives Minimizing the Impact on Small 
Entities Consistent With the Stated Objectives: The Notice solicits 
comments dealing with and addressing the proposed action, and the 
Secretary shall send a copy of this Notice of Proposed Rule Making, 
including the certification, to the Chief Counsel for Advocacy of the 
Small Business Administration in accordance with paragraph 605(b) of 
the Regulatory Flexibility Act, Public Law 96-354, 94 Stat. 1164, 5 
U.S.C. 601-612 (1981).
    8. This Notice of Proposed Rule Making and the proposed rule 
amendments are issued under the authority of Sections 4(i) and 303(r) 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 
303(r).
    9. A copy of this Notice of Proposed Rule Making will be forwarded 
to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 13

    Operator licensing, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rules

    Part 13 of Chapter I of Title 47 of the Code of Federal Regulations 
is proposed to be amended as follows:

PART 13--COMMERCIAL RADIO OPERATORS

    1. The authority citation for part 13 would continue to read as 
follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 
U.S.C. 154, 303.

    2. Section 13.9 is amended by redesignating paragraphs (d) and (e) 
as paragraphs (e) and (f) respectively, and adding a new paragraph (d) 
to read as follows:


Sec. 13.9   Eligibility and application for new license or endorsement.

* * * * *
    (d) Provided that a person's commercial radio operator license was 
not revoked, or suspended, and is not the subject of an ongoing 
suspension proceeding, a person who has properly filed with the FCC an 
application for a commercial radio operator license which has not yet 
been acted upon and who holds a PPC(s) indicating that he or she passed 
the necessary examination(s) within the previous 365 days is authorized 
to exercise the rights and privileges of the operator license for which 
the application is filed. This authority is valid for a period of 90 
days from the date the application is filed. The FCC, in its 
discretion, may cancel this temporary conditional operating authority 
without a hearing.
* * * * *
    3. Section 13.13 is amended by redesignating paragraphs (d) and (e) 
as paragraphs (e) and (f) respectively, and adding a new paragraph (d) 
to read as follows:


Sec. 13.13   Application for a renewed or modified license.

* * * * *
    (d) Provided that a person's commercial radio operator license was 
not revoked, or suspended, and is not the subject of an ongoing 
suspension proceeding, a person holding a General Radiotelephone 
Operator License, Marine Radio Operator Permit, First Class 
Radiotelegraph Operator's Certificate, Second Class Radiotelegraph 
Operator's Certificate, Third Class Radiotelegraph Operator's 
Certificate, GMDSS Radio Operator's License, or GMDSS Radio 
Maintainer's License, who has properly filed with the FCC an 
application for another commercial radio operator license which has not 
yet been acted upon and who holds a PPC(s) indicating that he or she 
passed the necessary examination(s) within the previous 365 days is 
authorized to exercise the rights and privileges of the license for 
which the application is filed. This authority is valid for a period of 
90 days from the date the application is filed. The FCC, in its 
discretion, may cancel this temporary conditional operating authority 
without a hearing.
* * * * *
    4. Section 13.19 is amended by revising paragraphs (b)(3) and (c) 
to read as follows:


Sec. 13.19   Operator's responsibility.

* * * * *
    (b) * * *
    (3) The class, serial number and expiration date of the license 
when the FCC has issued the operator a license, or the PPC serial 
number(s) and date(s) of issue when the operator is awaiting FCC action 
on an application:
    (c) When the operator is on duty and in charge of transmitting 
systems, or performing service, maintenance or inspection functions, 
the license or permit document, or a photocopy thereof, or a copy of 
the application and PPC(s) properly filed with the FCC, must be posted 
or in the operator's personal possession, and available for inspection 
upon request by a FCC representative.
* * * * *
[FR Doc. 94-18116 Filed 7-26-94; 8:45 am]
BILLING CODE 6712-01-M