[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Rules and Regulations]
[Page 18226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10163]




[[Page 18225]]


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Part VI





Federal Communications Commission





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47 CFR Parts 80 and 87



Operation of Certain Domestic Ship and Aircraft Radio Stations Without 
Individual Licenses; Final and Proposed Rule

  Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / 
Rules and Regulations  

[[Page 18226]]



FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 80 and 87

[CC Docket No. 96-82, FCC 96-145]


Operation of Certain Domestic Ship and Aircraft Radio Stations 
Without Individual Licenses

AGENCY: Federal Communications Commission.

ACTION: Interim rule.

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SUMMARY: This interim rule amends the Federal Communications 
Commission's (Commission) rules regarding ship and aircraft radio 
stations, to remove the individual radio licensing requirement and to 
authorize by rule the operation of radio equipment on recreational 
vessels and aircraft. The rules are effective immediately pending a 
proceeding to consider amending the Commission's rules. A Notice of 
Proposed Rulemaking concerning these rules is published concurrently in 
the Federal Register. The Commission finds that while receipt of public 
comment is necessary to make a final determination of public interest 
regarding the repeal of licensing rules for recreational vessels and 
aircraft, it is not in the public interest to continue requiring such 
applications to be filed pending consideration of the proposed rules. 
The basis for this finding is that this interim rule will immediately 
reduce the regulatory burdens on the public and the Commission, and 
avoid the need to return thousands of applications and regulatory fees 
if the proposals in this proceeding are ultimately adopted. The interim 
rule does not make licensees eligible for a partial refund of user 
fees. However, if the interim rules are adopted as final, such 
licensees may at that time be eligible for a partial refund of user 
fees pursuant to 47 CFR 1.1159. The Commission further believes that 
the interim rules are necessary to avoid confusion and regulatory 
uncertainty in the marine and aviation communities. Moreover, the 
Commission does not believe that any party will be harmed by 
implementation of the interim rules, pending completion of the 
rulemaking proceeding.

EFFECTIVE DATE: April 12, 1996.

FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless 
Division, Wireless Telecommunications Bureau, (202) 418-0871, or at 
[email protected].

SUPPLEMENTARY INFORMATION: As required by the Regulatory Flexibility 
Act, it is hereby certified that this rule will not have a significant 
impact on small business entities.

List of Subjects

47 CFR Part 80

    Radio, Vessels.

47 CFR Part 87

    Radio.

    Parts 80 and 87 of Chapter I of Title 47 of the Code of Federal 
Regulations, Parts 80 and 87, are amended as follows:

PART 80--STATIONS IN THE MARITIME SERVICES

    1. The authority citation for Part 80 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat. 
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST 
3450, 3 UST 4726, 12 UST 2377.

    2. Section 80.13 is revised to read as follows:


Sec. 80.13  Station license required.

    (a) Except for those excluded in paragraph (c) of this section, 
stations in the maritime service must be licensed by the FCC either 
individually or by fleet.
    (b) One ship station license will be granted for operation of all 
maritime services transmitting equipment on board a vessel.
    (c) A ship station is licensed by rule and does not need an 
individual license issued by the FCC if the ship station is not subject 
to the radio equipment carriage requirements of the Communications Act 
or any other treaty or agreement to which the United States is 
signatory, the ship station does not travel to foreign ports, and the 
ship station does not make international communications. A ship station 
licensed by rule is authorized to transmit radio signals using a marine 
radio operating in the 156-162 MHz band, any type of EPIRB, and any 
type of radar installation. All other transmissions must be authorized 
under a ship station license. Even though an individual license is not 
required, a ship station licensed by rule must be operated in 
accordance with all applicable operating requirements, procedures, and 
technical specifications found in this Part 80.

PART 87--AVIATION SERVICES

    1 . The authority citation for Part 87 continues to read as 
follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.

    2. A new Sec. 87.18 is added to read as follows:


Sec. 87.18  Station license required.

    (a) Except for those excluded in paragraph (b) of this section, 
stations in the aviation service must be licensed by the FCC either 
individually or by fleet.
    (b) An aircraft station is licensed by rule and does not need an 
individual license issued by the FCC if the aircraft station is not 
subject to the radio equipment carriage requirements of any statute, 
treaty, or agreement to which the United States is signatory, the 
aircraft station is on board a private aircraft, and the aircraft 
station does not make international flights or communications. Even 
though an individual license is not required, an aircraft station 
licensed by rule must be operated in accordance with all applicable 
operating requirements, procedures, and technical specifications found 
in this Part 87.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-10163 Filed 4-23-96; 8:45 am]
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