[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Rules and Regulations]
[Pages 27699-27700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12791]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 13

[PR Docket No. 94-58; FCC 95-162]


Temporary Conditional Operating Authority for Commercial Radio 
Operator License Applicants

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This action amends the rules for commercial radio operators 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. This amendment was necessary because the rules 
currently require that after passing the examinations necessary to 
qualify for certain of these licenses, and submitting an application to 
the Commission, an applicant must wait for the Commission to process 
the application. The intended effect of the final rule is to permit 
people who have passed the necessary examinations to commence work 
immediately after they receive their Proof-of-Passing Certificates.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT: William T. Cross, Federal 
Communications Commission, Wireless Telecommunications Bureau, Private 
Wireless Division, Washington, D.C. 20554, (202) 418-0680.

SUPPLEMENTARY INFORMATION: A summary of the Commission's Report and 
Order, adopted April 17, 1995, and released April 27, 1995, is provided 
above. The complete text of this action is available for inspection and 
copying during normal business hours at the FCC, room 239, 1919 M 
Street, NW, Washington, DC. The complete text of this action, including 
the rule amendments, may also be purchased from the Commission's copy 
contractor, ITS, Inc., (202) 857-3800, 2100 M Street, NW, suite 140, 
Washington, DC 20037.
    1. The final rules are set forth at the end of this document.
    2. The rules contained herein have been analyzed with respect to 
the paperwork Reduction Act of 1980, 44 U.S.C. section 3501 et seq., 
and found to contain no new or modified form, information collection 
and/or record keeping, labeling, disclosure, or record retention 
requirements and will not increase or decrease burden hours imposed on 
the public.
    3. In accordance with section 605(b) of the Regulatory Flexibility 
Act of 1980, 5 USC section 605(b), the Commission provides the 
following Final Regulatory Flexibility Analysis.
    Need and purpose of this action. This rule making proceeding was 
needed to obtain comments regarding our proposal 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 purpose of this action is to permit persons who must have 
the license as a condition of employment to start work immediately. A 
likely secondary benefit is applicants will receive their Commission-
issued licenses sooner due to a reduction in the number of inquiries to 
the processing staff regarding the status of pending applications.
    Summary of issues raised by the public comments in response to the 
Initial Regulatory Flexibility Analysis. The commentor agrees that the 
potential impact of these rule changes is to improve the efficiency in 
licensing commercial radio operators, thereby making it easier for 
persons to become licensed commercial radio operators. No other 
comments were received.
    Significant alternatives considered and rejected. Alternatives 
include the Commission continuing to require persons wait until they 
receive a Commission-issued license document before they can perform 
the functions of a commercial radio operator. The proposed alternative 
is adopted to minimize the impact on persons who require this document 
as a condition of employment. The Secretary shall send a copy of this 
Report and Order 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. Pub. L. 96-354, 94 
Stat. 1164, 5 U.S.C. section 601-612 (1981).
    4. A copy of this Report and Order will be forwarded to the Chief 
Counsel for Advocacy of the Small Business Administration.
    5. This Report and Order is issued under the authority of sections 
4(f)(4)(A), (B), and (J), 4(i), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. section 154(f)(4)(A), (B),and (J), 154(i), 
and 303(r).

List of Subjects in 47 CFR Part 13

    Radio.

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

Rule Changes

    Part 13 of chapter I of title 47 of the Code of Federal Regulations 
is amended as follows:

PART 13--COMMERCIAL RADIO OPERATORS

    1. The authority citation for Part 13 continues 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 whose application for a commercial 
radio operator license has been received by the FCC but 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 was received. This authority is valid 
for a period of 90 days from the date the application was received. 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, [[Page 27700]] 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 an application for another commercial 
radio operator license which has not yet been acted upon pending at the 
FCC 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 received. The FCC, in its discretion, 
may cancel this temporary conditional operating authority without a 
hearing.
*   *   *   *   *
    4. In Sec. 13.19, paragraphs (b)(3) and (c) are revised 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) received by the FCC, must be posted or in 
the operator's personal possession, and available for inspection upon 
request by a FCC representative.
*   *   *   *   *
[FR Doc. 95-12791 Filed 5-24-95; 8:45 am]
BILLING CODE 6712-01-F