[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Proposed Rules]
[Pages 66709-66715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26263]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 13, 80, and 87
[WT Docket No. 10-177; FCC 10-154]
Commercial Radio Operators Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend our rules concerning
commercial radio operator licenses for maritime and aviation radio
stations who perform certain functions performed within the commercial
radio operators service, to determine which rules can be clarified,
streamlined, or eliminated.
DATES: Submit comments on or before November 29, 2010 and reply
comments are due December 13, 2010.
ADDRESSES: You may submit comments, identified by WT Docket No. 10-177;
FCC 10-154, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stana Kimball, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-1306, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), WT Docket No. 10-177, FCC 10-154,
adopted August 31, 2010, and released September 8, 2010. The full text
of this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554, or by downloading the text from the
Commission's Web site at http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100909.html. The complete text also may be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, Suite CY-B402, Washington, DC 20554.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
e-mail to [email protected] or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
1. The Commission initiated this proceeding to amend the Commercial
Radio Operators rules, and related rules in parts 0, 1, 80, and 87
regarding certain functions performed by licensed commercial radio
operators (COLEMs). Specifically, the Commission proposed in the NPRM
to amend the commercial radio operator rules to: (1) Cease granting new
First and Third Class Radiotelegraph Operator's Certificates, and seek
comment on extending the current five-year license for radiotelegraph
operator certificates to ten years or the lifetime of the holder; (2)
eliminate prohibitions against holding two licenses at the same time,
and restrictive endorsements; and (3) make the COLEMs responsible for
maintaining the question pools for commercial radio operator
examinations, stop requiring them to submit examination-related records
on a regular basis, and make additional administrative changes relating
to the examinations such as recordkeeping, electronic filing, and
submission of records to the Commission. In the NPRM, the Commission
also seeks comment on whether and how to harmonize the part 80
equipment testing and logging requirements, and proposes other
administrative and editorial amendments.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
2. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules.
B. Comment Dates
3. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments on or before November 29,
2010, and reply comments are due December 13, 2010.
4. Commenters may file comments electronically using the
Commission's Electronic Comment Filing System (ECFS), the Federal
Government's eRulemaking Portal, or by filing paper copies. Commenters
filing through the ECFS can be sent as an electronic file via the
Internet to http://www.fcc.gov/e-file/ecfs.html. If multiple docket or
rulemaking numbers appear in the caption of this proceeding, filers
must transmit one electronic copy for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number. Commenters may
also submit an electronic comment by Internet e-mail. To get filing
instructions for e-mail comments, commenters should send an e-mail to
[email protected], and should include the following words in the body of the
message, ``get form.''
[[Page 66710]]
Commenters will receive a sample form and directions in reply.
Commenters filing through the Federal eRulemaking Portal http://www.regulations.gov, should follow the instructions provided on the Web
site for submitting comments.
5. Commenters who chose to file paper comments must file an
original and four copies of each comment. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. All filings must be sent to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission,
445 12th Street, SW., Room TW-A325, Washington, DC 20554.
6. Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission, as follows:
All hand-delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with
rubber bands or fasteners. Envelopes must be disposed of before
entering the building. The filing hours at this location are 8 a.m. to
7 p.m. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should be addressed to 445 12th Street,
SW., Washington, DC 20554.
C. Paperwork Reduction Act
7. This document contains proposed modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might further
reduce the ``information collection burden for small business concerns
with fewer than 25 employees.''
II. Initial Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities by
the policies and rules proposed in the NPRM in this proceeding. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments as provided in paragraph 28 in the NPRM. The Commission will
send a copy of the NPRM, including the IRFA, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration. In addition, the
NPRM and IRFA (or summaries thereof) will be published in the Federal
Register.
Need for, and Objectives of, the Proposed Rules
3. We believe it appropriate to review our regulations in relating
commercial radio operators to determine which rules can be clarified,
streamlined or eliminated. In the NPRM, we seek comment on
miscellaneous amendments that are intended to clarify part 13 rules,
including the elimination of rules that refer to outdated services,
equipment, and technology. In addition, the NPRM seeks comment on
proposed editorial changes to rules contained in parts 0, 1, 80, and 87
that relate to commercial radio operator services. We also solicit
comment on any other changes, corrections, or clarifications of the
rules governing commercial radio operators that commenters believe are
needed.
Legal Basis for Proposed Rules
4. The proposed action is authorized under sections 4(i), 303(r),
and 403 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), and 403.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
5. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
6. Commercial radio licenses are issued only to individuals.
Individuals are not ``small entities'' under the RFA.
7. Individual licensees are tested by commercial operator license
examination managers (COLEMs). The Commission has not developed a
definition for a small business or small organization that is
applicable for COLEMs. The RFA defines the term ``small organization''
as meaning ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field * * *.'' All of the COLEM
organizations would appear to meet the RFA definition for small
organizations.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
8. There are no projected reporting, recordkeeping or other
compliance requirements.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
9. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
10. We believe the changes proposed in the NPRM will promote
flexibility and more efficient use of the spectrum, without creating
administrative burdens on the Commission, COLEMs, or individual
licensees. Many of the proposed changes constitute clarification of
existing requirements or elimination of reporting requirements and
other rules that are outdated. In this NPRM, we seek comment on our
proposals to modify the rules. Among others, we seek comment on our
proposal to require COLEMs to maintain the pool of questions for
commercial radio operator license examinations. We believe that this
would reduce administrative burden on the Commission and speed up the
question pool revision process, without overly
[[Page 66711]]
burdening COLEMs which already cooperate in creating new question
pools. To codify the current business practice of the majority of
COLEMs, we seek comment on our proposal to require COLEMs to file
applications on behalf of individual applicants electronically. We
believe that this too would reduce administrative burden on the
Commission, without burdening COLEMs.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
11. None.
III. Ordering Clauses
12. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the NPRM, including
the Initial Regulatory Flexibility Certification, to the Chief Counsel
for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Telecommunications.
47 CFR Parts 13 and 80
Communications equipment, Radio.
47 CFR Part 87
Air transportation, Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0, 1, 13, 80,
and 87 as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.483 is amended by revising paragraph (b) to read as
follows:
Sec. 0.483 Applications for amateur or commercial radio operator
licenses.
* * * * *
(b) Application filing procedures for commercial radio operator
licenses are set forth in part 13 of this chapter.
Sec. 0.489 [Removed]
3. Remove Sec. 0.489.
PART 1--PRACTICE AND PROCEDURE
4. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
5. Section 1.85 is revised to read as follows:
Sec. 1.85 Suspension of operator licenses.
Whenever grounds exist for suspension of an operator license, as
provided in section 303(m) of the Communications Act, the Chief of the
Wireless Telecommunications Bureau, with respect to amateur and
commercial radio operator licenses, may issue an order suspending the
operator license. No order of suspension of any operator's license
shall take effect until 15 days' notice in writing of the cause for the
proposed suspension has been given to the operator licensee, who may
make written application to the Commission at any time within the said
15 days for a hearing upon such order. The notice to the operator
licensee shall not be effective until actually received by him, and
from that time he shall have 15 days in which to mail the said
application. In the event that physical conditions prevent mailing of
the application before the expiration of the 15-day period, the
application shall then be mailed as soon as possible thereafter,
accompanied by a satisfactory explanation of the delay. Upon receipt by
the Commission of such application for hearing, said order of
suspension shall be designated for hearing by the Chief, Wireless
Telecommunications Bureau and said suspension shall be held in abeyance
until the conclusion of the hearing. Upon the conclusion of said
hearing, the Commission may affirm, modify, or revoke said order of
suspension. If the license is ordered suspended, the operator shall
send his operator license to the Mobility Division, Wireless
Telecommunications Bureau, in Washington, DC, on or before the
effective date of the order, or, if the effective date has passed at
the time notice is received, the license shall be sent to the
Commission forthwith.
PART 13--COMMERCIAL RADIO OPERATORS
6. 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.
7. Section 13.7 is amended by revising paragraphs (b)(1) through
(b)(3), and paragraph (c) to read as follows:
Sec. 13.7 Classification of operator licenses and endorsements.
* * * * *
(b) * * *
(1) First Class Radiotelegraph Operator's Certificate. Beginning
[date reserved], no applications for new First Class Radiotelegraph
Operator's Certificates will be accepted for filing.
(2) Radiotelegraph Operator's Certificate (formerly Second Class
Radiotelegraph Operator's Certificate).
(3) Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Beginning [date
reserved], no applications for new Third Class Radiotelegraph
Operator's Certificates will be accepted for filing.
* * * * *
(c) There are three license endorsements affixed by the FCC to
provide special authorizations or restrictions. Endorsements may be
affixed to the license(s) indicated in parentheses.
(1) Ship Radar Endorsement (Radiotelegraph Operator Certificate,
First and Second Class Radiotelegraph Operator's Certificates, General
Radiotelephone Operator License, GMDSS Radio Maintainer's License).
(2) Six Months Service Endorsement (Radiotelegraph Operator
Certificate, First and Second Class Radiotelegraph Operator's
Certificates).
(3) Restrictive endorsements relating to physical disability,
English language or literacy waivers, or other matters (all licenses).
* * * * *
8. Section 13.8 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 13.8 Authority conveyed.
* * * * *
(a) First Class Radiotelegraph Operator's Certificate conveys all
of the operating authority of the Radiotelegraph Operator's
Certificate, the Second Class Radiotelegraph Operator's Certificate,
the Third Class Radiotelegraph Operator's Certificate, the Restricted
Radiotelephone Operator Permit, and the Marine Radio Operator Permit.
(b) Radiotelegraph Operator's Certificate is equivalent to Second
Class Radiotelegraph Operator's Certificate. Second Class
Radiotelegraph Operator's Certificate conveys all of the operating
authority of the Third Class Radiotelegraph Operator's Certificate, the
Restricted Radiotelephone Operator
[[Page 66712]]
Permit, and the Marine Radio Operator Permit.
* * * * *
9. Section 13.9 is amended by revising paragraphs (b), (c), and
(f)(4) to read as follows:
Sec. 13.9 Eligibility and application for new license or endorsement.
* * * * *
(b) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, Radiotelegraph Operator's
Certificate, Ship Radar Endorsement, Six Months Service Endorsement,
GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's
License, GMDSS Radio Maintainer's License, GMDSS Radio Operator/
Maintainer License, Restricted Radiotelephone Operator Permit, or
Restricted Radiotelephone Operator Permit-Limited Use must be filed on
FCC Form 605 in accordance with Sec. 1.913 of this chapter.
(c) Each application for a new General Radiotelephone Operator
License, Marine Radio Operator Permit, Radiotelegraph Operator's
Certificate, Ship Radar Endorsement, GMDSS Radio Operator's License,
Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's
License, or GMDSS Radio Operator/Maintainer License must be accompanied
by the required fee, if any, and submitted in accordance with Sec.
1.913 of this chapter. The application must include an original PPC(s)
from a COLEM(s) showing that the applicant has passed the necessary
examination element(s) within the previous 365 days when the applicant
files the application. If a COLEM files the application electronically
on behalf of the applicant, an original PPC(s) is not required.
However, the COLEM must keep the PPC(s) on file for a period of 1 year.
* * * * *
(f) * * *
(4) The applicant held a FCC-issued Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, or
Second Class Radiotelegraph Operator's Certificate during this entire
six month qualifying period; and
* * * * *
10. Section 13.10 is revised to read as follows:
Sec. 13.10 Licensee address.
In accordance with Sec. 1.923 of this chapter all applicants
(except applicants for a Restricted Radiotelephone Operator Permit and
applicants for a Restricted Radiotelephone Operator Permit--Limited
Use) must specify an address where the applicant can receive mail
delivery by the United States Postal Service. Suspension of the
operator license or permit may result when correspondence from the FCC
is returned as undeliverable because the applicant failed to provide
the correct mailing address.
11. Section 13.11 is revised to read as follows:
Sec. 13.11 Holding more than one commercial radio operator license.
Each person who is not legally eligible for employment in the
United States, and certain other persons who were issued permits prior
to September 13, 1982, may hold two Restricted Radiotelephone Operator
Permits simultaneously when each permit authorizes the operation of a
particular station or class of stations.
12. Section 13.13 is amended by revising paragraphs (a), (b), and
(d) to read as follows:
Sec. 13.13 Application for a renewed or modified license.
(a) Each application to renew a Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, Second
Class Radiotelegraph Operator's Certificate, or Third Class
Radiotelegraph Operator's Certificate must be made on FCC Form 605. The
application must be accompanied by the appropriate fee and submitted in
accordance with Sec. 1.913 of this chapter. (Beginning [date
reserved]; First and Second Class Radiotelegraph Operator's
Certificates will be renewed as Radiotelegraph Operator's
Certificates.)
(b) If a license expires, application for renewal may be made
during a grace period of five years after the expiration date without
having to retake the required examinations. The application must be
accompanied by the required fee and submitted in accordance with Sec.
1.913 of this chapter. During the grace period, the expired license is
not valid. A license renewed during the grace period will be effective
as of the date of the renewal. Licensees who fail to renew their
licenses within the grace period must apply for a new license and take
the required examination(s). (Beginning [date reserved]; no
applications for new First Class Radiotelegraph Operator's Certificates
or Third Class Radiotelegraph Operator's Certificates will be accepted
for filing.)
* * * * *
(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, Radiotelegraph
Operator's Certificate, First Class Radiotelegraph Operator's
Certificate, Second Class Radiotelegraph Operator's Certificate, Third
Class Radiotelegraph Operator's Certificate, GMDSS Radio Operator's
License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/
Maintainer 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 temporary conditional operating authority is valid for a
period of 90 days from the date the application is received. This
temporary conditional operating authority does not relieve the licensee
of the obligation to comply with the certification requirements of the
Standards of Training, Certification and Watchkeeping (STCW)
Convention. The FCC, in its discretion, may cancel this temporary
conditional operating authority without a hearing.
* * * * *
13. Section 13.15 is amended by revising paragraph (a) to read as
follows:
Sec. 13.15 License term.
(a) Radiotelegraph Operator's Certificates, First Class
Radiotelegraph Operator's Certificates, Second Class Radiotelegraph
Operator's Certificates, and Third Class Radiotelegraph Operator's
Certificates are normally valid for a term of five years from the date
of issuance.
* * * * *
14. Section 13.17 is amended by revising paragraphs (b) and (c),
and by removing paragraph (d) and redesignating paragraph (e) as
paragraph (d) to read as follows:
Sec. 13.17 Replacement license.
* * * * *
(b) Each application for a replacement General Radiotelephone
Operator License, Marine Radio Operator Permit, Radiotelegraph Operator
Certificate, First Class Radiotelegraph Operator's Certificate, Second
Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph
Operator's Certificate, GMDSS Radio Operator's License, Restricted
GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or
GMDSS Radio Operator/Maintainer License must be made on FCC Form 605
and must include a written explanation as to the circumstances involved
in the loss, mutilation, or destruction of the original document.
[[Page 66713]]
(c) Each application for a replacement Restricted Radiotelephone
Operator Permit or Restricted Radiotelephone Operator Permit-Limited
Use must be on FCC Form 605.
* * * * *
15. Section 13.201 is amended by revising paragraphs (b) (1)
through (b)(7) to read as follows:
Sec. 13.201 Qualifying for a commercial operator license or
endorsement.
* * * * *
(b) * * *
(1) Radiotelegraph Operator's Certificate.
(i) Telegraphy Elements 1 and 2;
(ii) Written Elements 1, 5, and 6.
(2) General Radiotelephone Operator License: Written Elements 1 and
3.
(3) Marine Radio Operator Permit: Written Element 1.
(4) GMDSS Radio Operator's License: Written Elements 1 and 7, or a
Proof of Passing Certificate (PPC) issued by the United States Coast
Guard or its designee representing a certificate of competency from a
Coast Guard-approved training course for a GMDSS endorsement.
(5) Restricted GMDSS Radio Operator License: Written Elements 1 and
7R, or a Proof of Passing Certificate (PPC) issued by the United States
Coast Guard or its designee representing a certificate of competency
from a Coast Guard-approved training course for a GMDSS endorsement.
(6) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9.
(7) Ship Radar Endorsement: Written Element 8.
* * * * *
16. Section 13.203 is amended by revising paragraphs (a)(1) and
(a)(2), and by removing paragraphs (b)(3) and (b)(4) to read as
follows:
Sec. 13.203 Examination elements.
(a) * * *
(1) Element 1: Basic radio law and operating practice with which
every maritime radio operator should be familiar. Questions concerning
provisions of laws, treaties, regulations, and operating procedures and
practices generally followed or required in communicating by means of
radiotelephone stations.
(2) Element 3: General radiotelephone. Questions concerning
electronic fundamentals and techniques required to adjust, repair, and
maintain radio transmitters and receivers at stations licensed by the
FCC in the aviation and maritime radio services.
* * * * *
17. Section 13.209 is amended by revising paragraph (d), removing
paragraph (e), redesignating paragraphs (f) through (j) as paragraphs
(e) through (i), and by revising newly redesignated paragraph (h) to
read as follows:
Sec. 13.209 Examination procedures.
* * * * *
(d) Passing a telegraphy examination. Passing a telegraphy
receiving examination is adequate proof of an examinee's ability to
both send and receive telegraphy. The COLEM, however, may also include
a sending segment in a telegraphy examination.
(1) To pass a receiving telegraphy examination, an examinee is
required to receive correctly the message by ear, for a period of 1
minute without error at the rate of speed specified in Sec. 13.203(b).
(2) To pass a sending telegraphy examination, an examinee is
required to send correctly for a period of one minute at the rate of
speed specified in Sec. 13.203(b).
* * * * *
(h) No applicant who is eligible to apply for any commercial radio
operator license shall, by reason of any physical disability, be denied
the privilege of applying and being permitted to attempt to prove his
or her qualifications (by examination if examination is required) for
such commercial radio operator license in accordance with procedures
established by the COLEM.
* * * * *
18. Section 13.211 is amended by revising paragraph (e) to read as
follows:
Sec. 13.211 Commercial radio operator license examination.
* * * * *
(e) Within 3 business days of completion of the examination
element(s), the COLEM must provide the results of the examination to
the examinee and the COLEM must issue a PPC to an examinee who scores a
passing grade on an examination element.
* * * * *
19. Section 13.213 is amended by adding paragraph (g) to read as
follows:
Sec. 13.213 COLEM qualifications.
* * * * *
(g) Submit applications that it files on behalf of applicants
electronically via the Commission's Universal Licensing System.
20. Section 13.215 is revised to read as follows:
Sec. 13.215 Question pools.
All COLEMs must cooperate in maintaining one question pool for each
written examination element. Each question pool must contain at least 5
times the number of questions required for a single examination. Each
question pool must be published and made available to the public prior
to its use for making a question set.
PART 80--STATIONS IN THE MARITIME SERVICES
21. The authority citation for part 80 continues to read as
follows:
Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, 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.
22. Section 80.59 is amended by revising the note and the table in
paragraph (a)(1) and paragraph (b) to read as follows:
Sec. 80.59 Compulsory ship inspections.
(a) * * *
(1) * * *
Note to paragraph (a)(1): Nothing in this section prohibits
Commission inspectors from inspecting ships. The mandatory
inspection of U.S. vessels must be conducted by an FCC-licensed
technician holding an FCC General Radiotelephone Operator License,
GMDSS Radio Maintainer's License, Radiotelegraph Operator's
Certificate, Second Class Radiotelegraph Operator's Certificate, or
First Class Radiotelegraph Operator's Certificate in accordance with
the following table:
[[Page 66714]]
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Minimum class of FCC license required by private sector technician to conduct
inspection--only one license required
-------------------------------------------------------------------------------
Radiotelegraph
operator's
Category of vessel certificate First class
General radiotele- GMDSS radio (formerly second radiotelegraph
phone operator maintainer's class operator's
license license radiotelegraph certificate
operator's
certificate)
----------------------------------------------------------------------------------------------------------------
Radiotelephone equipped vessels [radic] [radic] [radic] [radic]
subject to 47 CFR part 80,
subpart R or S.................
----------------------------------------------------------------------------------------------------------------
GMDSS equipped vessels subject .................. [radic] .................. ..................
to 47 CFR part 80, subpart W...
----------------------------------------------------------------------------------------------------------------
* * * * *
(b) Inspection and certification of a ship subject to the Great
Lakes Agreement. The FCC will not inspect Great Lakes Agreement
vessels. An inspection and certification of a ship subject to the Great
Lakes Agreement must be made by a technician holding one of the
following: an FCC General Radiotelephone Operator License, a GMDSS
Radio Maintainer's License, a Radiotelegraph Operator's Certificate, a
Second Class Radiotelegraph Operator's Certificate, or a First Class
Radiotelegraph Operator's Certificate. The certification required by
Sec. 80.953 must be entered into the ship's log. The technician
conducting the inspection and providing the certification must not be
the vessel's owner, operator, master, or an employee of any of them.
Additionally, the vessel owner, operator, or ship's master must certify
that the inspection was satisfactory. There are no FCC prior notice
requirements for any inspection pursuant to Sec. 80.59(b).
* * * * *
23. Section 80.151 is amended by adding paragraphs (b)(9) through
(b)(11) and by revising paragraphs (c)(1) through (c)(3) to read as
follows:
Sec. 80.151 Classification of operator licenses and endorsements.
* * * * *
(b) * * *
(9) T-3. Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Beginning [date
reserved], no applications for new Third Class Radiotelegraph
Operator's Certificates will be accepted for filing.
(10) T. Radiotelegraph Operator's Certificate (formerly T-2, Second
Class Radiotelegraph Operator's Certificate).
(11) T-1. First Class Radiotelegraph Operator's Certificate.
Beginning [date reserved], no applications for new First Class
Radiotelegraph Operator's Certificates will be accepted for filing.
(c) * * *
(1) Ship Radar endorsement (Radiotelegraph Operator's Certificate,
First Class Radiotelegraph Operator's Certificate, Second Class
Radiotelegraph Operator's Certificate, General Radiotelephone Operator
License).
(2) Six Months Service endorsement (Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, and
Second Class Radiotelegraph Operator's Certificate).
(3) Restrictive endorsements; relating to physical disabilities,
English language or literacy waivers, or other matters (all licenses).
24. Section 80.157 is revised to read as follows:
Sec. 80.157 Radio officer defined.
A radio officer means a person holding a Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, or
Second Class Radiotelegraph Operator's Certificate issued by the
Commission, who is employed to operate a ship radio station in
compliance with Part II of Title II of the Communications Act. Such a
person is also required to be licensed as a radio officer by the U.S.
Coast Guard when employed to operate a ship radiotelegraph station.
25. Section 80.159 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 80.159 Operator requirements of Title III of the Communications
Act and the Safety Convention.
(a) Each telegraphy passenger ship equipped with a radiotelegraph
station in accordance with Part II of Title III of the Communications
Act must carry two radio officers holding a Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, or
Second Class Radiotelegraph Operator's Certificate.
(b) Each cargo ship equipped with a radiotelegraph station in
accordance with Part II of Title II of the Communications Act and which
has a radiotelegraph auto alarm must carry a radio officer holding a
Radiotelegraph Operator's Certificate, First Class Radiotelegraph
Operator's Certificate, or Second Class Radiotelegraph Operator's
Certificate who has had at least six months service as a radio officer
on board U.S. ships. If the radiotelegraph station does not have an
auto alarm, a second radio officer who holds a Radiotelegraph
Operator's Certificate, First Class Radiotelegraph Operator's
Certificate, or Second Class Radiotelegraph Operator's Certificate must
be carried.
* * * * *
26. Section 80.169 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 80.169 Operators required to adjust transmitters or radar.
(a) All adjustments of radio transmitters in any radiotelephone
station or coincident with the installation, servicing, or maintenance
of such equipment which may affect the proper operation of the station,
must be performed by or under the immediate supervision and
responsibility of a person holding a Radiotelegraph Operator's
Certificate, First Class Radiotelegraph Operator's Certificate, Second
Class Radiotelegraph Operator's Certificate, or General Radiotelephone
Operator License.
(b) Only persons holding a Radiotelegraph Operator's Certificate,
First Class Radiotelegraph Operator's Certificate, or Second Class
Radiotelegraph Operator's Certificate must perform such functions at
radiotelegraph stations transmitting Morse code.
* * * * *
27. Section 80.203 is amended by revising paragraph (b)(3)
introductory text to read as follows:
Sec. 80.203 Authorization of transmitters for licensing.
* * * * *
(b) * * *
(3) Except as provided in paragraph (b)(4) of this section,
programming of authorized channels must be performed only by a person
holding a Radiotelegraph Operator's Certificate,
[[Page 66715]]
First Class Radiotelegraph Operator's Certificate, Second Class
Radiotelegraph Operator's Certificate, or General Radiotelephone
Operator License using any of the following procedures:
* * * * *
28. Section 80.409 is amended by revising paragraph (f)(1)(i)(E) to
read as follows:
Sec. 80.409 Station logs.
* * * * *
(f) * * *
(1) * * *
(i) * * *
(E) The inspector's signed and dated certification that the vessel
meets the requirements of the Communications Act and, if applicable,
the Safety Convention and the Bridge-to-Bridge Act contained in
subparts R, S, U, or W of this part and has successfully passed the
inspection.
* * * * *
29. Section 80.953 is amended by revising paragraph (b)
introductory text to read as follows:
Sec. 80.953 Inspection and certification.
* * * * *
(b) An inspection and certification of a ship subject to the Great
Lakes Agreement must be made by a technician holding one of the
following: A General Radiotelephone Operator License, a GMDSS Radio
Maintainer's License, a Radiotelegraph Operator's Certificate, a Second
Class Radiotelegraph Operator's Certificate, or a First Class
Radiotelegraph Operator's Certificate. Additionally, the technician
must not be the vessel's owner, operator, master, or an employee of any
of them. The results of the inspection must be recorded in the ship's
radiotelephone log and include:
* * * * *
30. Section 80.1005 is revised to read as follows:
Sec. 80.1005 Inspection of station.
The bridge-to-bridge radiotelephone station will be inspected on
vessels subject to regular inspections pursuant to the requirements of
Parts II and III of Title II of the Communications Act, the Safety
Convention or the Great Lakes Agreement at the time of the regular
inspection. If after such inspection, the Commission determines that
the Bridge-to-Bridge Act, the rules of the Commission and the station
license are met, an endorsement will be made on the appropriate
document. The validity of the endorsement will run concurrently with
the period of the regular inspection. Each vessel must carry a
certificate with a valid endorsement while subject to the Bridge-to-
Bridge Act. All other bridge-to-bridge stations will be inspected from
time to time. An inspection of the bridge-to-bridge station on a Great
Lakes Agreement vessel must normally be made at the same time as the
Great Lakes Agreement inspection is conducted by a technician holding
one of the following: A General Radiotelephone Operator License, a
GMDSS Radio Maintainer's License, a Radiotelegraph Operator's
Certificate, a Second Class Radiotelegraph Operator's Certificate, or a
First Class Radiotelegraph Operator's Certificate. Additionally, the
technician must not be the owner, operator, master, or an employee of
any of them. Ships subject to the Bridge-to-Bridge Act may, in lieu of
an endorsed certificate, certify compliance in the station log required
by Sec. 80.409(f).
PART 87--AVIATION SERVICES
31. The authority citation for part 87 continues to read as
follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
32. Section 87.87 is amended by revising paragraphs (b)(1), (b)(2),
and (b)(4) to read as follows:
Sec. 87.87 Classification of operator licenses and endorsements.
* * * * *
(b) * * *
(1) T-1 First Class Radiotelegraph Operator's Certificate. Starting
thirty days after the date of publication in the Federal Register of a
Report and Order in WT Docket No. 10-177, adopting this rule, no
applications for new First Class Radiotelegraph Operator's Certificates
will be accepted for filing.
(2) T Radiotelegraph Operator's Certificate (formerly T-2 Second
Class Radiotelegraph Operator's Certificate).
* * * * *
(4) T-3 Third Class Radiotelegraph Operator's Certificate
(radiotelegraph operator's special certificate). Starting thirty days
after the date of publication in the Federal Register of a Report and
Order in WT Docket No. 10-177, adopting this rule, no applications for
new Third Class Radiotelegraph Operator's Certificates will be accepted
for filing.
* * * * *
[FR Doc. 2010-26263 Filed 10-28-10; 8:45 am]
BILLING CODE 6712-01-P