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.

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    (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 or GMDSS Radio Maintainer's License must be made on 
FCC Form 756.
    (2) Each application for a Restricted Radiotelephone Operator Permit 
must be made on FCC Form 753.
    (3) Each application for a Restricted Radiotelephone Operator 
Permit-Limited Use must be made on FCC Form 755.
    (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 or GMDSS Radio 
Maintainer's License must be accompanied by the required fee, if any, 
and submitted to the address specified in part 1 of the rules. The 
application must include:
    (1) An original PPC(s) from a COLEM(s) showing that the applicant 
has passed the necessary examination element(s) within the previous 365 
days, and
    (2) A copy of the applicable license(s) when the applicant claims 
credit for an examination element. The FCC will give credit only as 
specified below to an applicant holding any of the following documents:
    (i) 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.
    (ii) An unexpired (or within the grace period) FCC-issued Amateur 
Extra Class operator license: Telegraphy Elements 1 and 2.
    (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.
    (e) Each application for a new Six Months Service Endorsement must 
be submitted to the address specified in Part 1 of the rules. The 
application must include documentation showing that:
    (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

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    (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.
    (f) 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]