Code of Federal Regulations, Title 47, Volume II

Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR13.9]
[Page 677-678]

TITLE 47--TELECOMMUNICATION

CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

PART 13--COMMERCIAL RADIO OPERATORS--Table of Contents
Sec. 13.9 Eligibility and application for new license or endorsement.

(a) If found qualified, the following persons are eligible to apply
for commercial radio operator licenses:
(1) Any person legally eligible for employment in the United States.
(2) Any person, for the purpose of operating aircraft radio stations, who holds:
(i) United States pilot certificates; or
(ii) Foreign aircraft pilot certificates which are valid in the
United States, if the foreign government involved has entered into a
reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon United States citizens.
(3) Any person who holds a FCC radio station license, for the
purpose of operating that station.
(4) Notwithstanding any other provisions of the FCC's rules, no
person shall be eligible to be issued a commercial radio operator
license when
(i) The person's commercial radio operator license is suspended, or
(ii) The person's commercial radio operator license is the subject
of an ongoing suspension proceeding, or
(iii) The person is afflicted with complete deafness or complete
muteness or complete inability for any other reason to transmit
correctly and to receive correctly by telephone spoken messages in
English.
(b)(1) Each application for a new 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, Ship
Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
Operator's License, GMDSS Radio Maintainer's License and GMDSS Radio
Operator/Maintainer must be filed on FCC Form 605 in accordance with
Sec. 1.913 of this chapter.
(2) Each application for a Restricted Radiotelephone Operator Permit or a 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, First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class Radiotelegraph Operator's Certificate, Ship
Radar Enforcement, GMDSS Radio Operator's License, GMDSS Radio
Maintainer's, 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 examinations 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.
(d) An applicant will be given credit for an examination element as
specified below:
(1) An unexpired (or within the grace period) FCC-issued commercial
radio operator license: The written examination and telegraphy
Element(s) required to obtain the license held; and
(2) An expired or unexpired FCC-issued Amateur Extra Class operator
license grant granted before April 15, 2000: Telegraphy Elements 1 and
2.
(e) 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.
(f) Each application for a new six months service endorsement must
be submitted in accordance with Sec. 1.913 of this chapter. The
application must include documentation showing that:
[[Page 678]]
(1) The applicant was employed as a radio operator on board a ship
or ships of the United States for a period totaling at least six months;
(2) The ships were equipped with a radio station complying with the
provisions of part II of title III of the Communications Act, or the
ships were owned and operated by the U.S. Government and equipped with
radio stations;
(3) The ships were in service during the applicable six month period
and no portion of any single in-port period included in the qualifying
six months period exceeded seven days;
(4) The applicant held a FCC-issued First or Second Class
Radiotelegraph Operator's Certificate during this entire six month
qualifying period; and
(5) The applicant holds a radio officer's license issued by the U.S.
Coast Guard at the time the six month endorsement is requested.
(g) No person shall alter, duplicate for fraudulent purposes, or
fraudulently obtain or attempt to obtain an operator license. No person
shall use a license issued to another or a license that he or she knows
to be altered, duplicated for fraudulent purposes, or fraudulently
obtained. No person shall obtain or attempt to obtain, or assist another
person to obtain or attempt to obtain, an operator license by fraudulent
means.
[58 FR 9124, Feb. 19, 1993, as amended at 59 FR 3795, Jan. 27, 1994; 60
FR 27699, May 25, 1995; 63 FR 68942, Dec. 14, 1998; 66 FR 20752, Apr.
25, 2001]
Effective Date Note: At 68 FR 46958, Aug. 7, 2003, Sec. 13.9 was
amended by revising paragraphs (b)(1), and (c), effective Oct. 6, 2003.
For the convenience of the reader, the revised text is set forth as
follows:
Sec. 13.9 Eligibility and application for new license or endorsement.
* * * * *
(b)(1) Each application for a new 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, Ship
Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
Operator's License, Restricted GMDSS Radio Operator's License, GMDSS
Radio Maintainer's License and GMDSS Radio Operator/Maintainer License
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, First Class Radiotelegraph
Operator's Certificate, Second Class Radiotelegraph Operator's
Certificate, Third Class 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.
* * * * *