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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 3—AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME
AND MARITIME MOBILE-SATELLITE RADIO SERVICES
___________________________________
Section Contents
General
§ 3.1 Scope, basis, purpose.
§ 3.2 Terms and definitions.
Eligibility
§ 3.10 Basic qualifications.
§ 3.11 Location of settlement operation.
Application Procedures
§ 3.20 Application form.
§ 3.21 Order of consideration.
§ 3.22 Number of accounting authority identification codes per applicant.
§ 3.23 Legal applicant.
§ 3.24 Evidence of financial responsibility.
§ 3.25 Number of copies.
§ 3.26 Where application is to be mailed.
§ 3.27 Amended application.
§ 3.28 Denial of privilege.
§ 3.29 Notifications.
Settlement Operations
§ 3.40 Operational requirements.
§ 3.41 Amount of time allowed before initial settlements.
§ 3.42 Location of processing facility.
§ 3.43 Applicable rules and regulations.
§ 3.44 Time to achieve settlements.
§ 3.45 Amount of charges.
§ 3.46 Use of gold francs.
§ 3.47 Use of SDRs.
§ 3.48 Cooperation with the Commission.
§ 3.49 Agreement to be audited.
§ 3.50 Retention of settlement records.
§ 3.51 Cessation of operations.
§ 3.52 Complaint/inquiry resolution procedures.
§ 3.53 FCC notification of refusal to provide telecommunications service
to U.S. registered vessel(s).
§ 3.54 Notification of change in address.
Reporting Requirements
§ 3.60 Reports.
§ 3.61 Reporting address.
§ 3.62 Request for confidentiality.
Enforcement
§ 3.70 Investigations.
§ 3.71 Warnings.
§ 3.72 Grounds for further enforcement action.
§ 3.73 Waiting period after cancellation.
§ 3.74 Ship stations affected by suspension, cancellation or
relinquishment.
§ 3.75 Licensee's failure to make timely payment.
§ 3.76 Licensee's liability for payment.
___________________________________
Authority: 47 U.S.C. 154(i), 154(j) and 303(r).
Source: 61 FR 20165 , May 6, 1996, unless otherwise noted.
General
top
§ 3.1 Scope, basis, purpose.
top
By these rules the Federal Communications Commission (FCC) is delineating
its responsibilities in certifying and monitoring accounting authorities in
the maritime mobile and maritime mobile-satellite radio services. These
entities settle accounts for public correspondence due to foreign
administrations for messages transmitted at sea by or between maritime
mobile stations located on board ships subject to U.S. registry and
utilizing foreign coast and coast earth station facilities. These rules are
intended to ensure that settlements of accounts for U.S. licensed ship radio
stations are conducted in accordance with the International
Telecommunication Regulations (ITR), taking into account the applicable
ITU-T Recommendations.
§ 3.2 Terms and definitions.
top
(a) Accounting Authority. The Administration of the country that has issued
the license for a mobile station or the recognized operating agency or other
entity/entities designated by the Administration in accordance with ITR,
Appendix 2 and ITU-T Recommendation D.90 to whom maritime accounts in
respect of mobile stations licensed by that country may be sent.
(b) Accounting Authority Certification Officer. The official designated by
the Managing Director, Federal Communications Commission, who is
responsible, based on the coordination and review of information related to
applicants, for granting certification as an accounting authority in the
maritime mobile and maritime mobile-satellite radio services. The Accounting
Authority Certification Officer may initiate action to suspend or cancel an
accounting authority certification if it is determined to be in the public's
best interest.
(c) Accounting Authority Identification Codes (AAICs). The discrete
identification code of an accounting authority responsible for the
settlement of maritime accounts (Annex A to ITU-T Recommendation D.90).
(d) Administration. Any governmental department or service responsible for
discharging the obligations undertaken in the Convention of the
International Telecommunication Union and the Radio Regulations. For
purposes of these rules, “Administration” refers to a foreign government or
the U.S. Government, and more specifically, to the Federal Communications
Commission.
(e) Authorization. Approval by the Federal Communications Commission to
operate as an accounting authority. Synonymous with “certification”.
(f) CCITT. The internationally recognized French acronym for the
International Telegraph and Telephone Consultative Committee, one of the
former sub-entities of the International Telecommunication Union (ITU). The
CCITT (ITU-T)^1 is responsible for developing international
telecommunications recommendations relating to standardization of
international telecommunications services and facilities, including matters
related to international charging and accounting principles and the
settlement of international telecommunications accounts.
^1 At the ITU Additional Plenipotentiary Conference in Geneva (December,
1992), the structure, working methods and construct of the basic ITU treaty
instrument were modified. The result is that the names of the sub-entities
of the ITU have changed (e.g., the CCITT has become the Telecommunication
Standardization Sector—ITU-T and Recognized Private Operating Agency has
become Recognized Operating Agency-ROA). The changes were placed into
provisional effect on March 1, 1993 with the formal entry into force of
these changes being July 1, 1994. We will refer to the new nomenclatures
within these rules, wherever practicable.
Such recommendations are, effectively, the detailed implementation
provisions for topics addressed in the International Telecommunication
Regulations (ITR).
(g) Certification. Approval by the FCC to operate as an accounting
authority. Synonymous with “authorization”.
(h) Coast Earth Station. An earth station in the fixed-satellite service or,
in some cases, in the maritime mobile-satellite service, located at a
specified fixed point on land to provide a feeder link for the maritime
mobile-satellite service.
(i) Coast Station. A land station in the maritime mobile service.
(j) Commission. The Federal Communications Commission. The FCC.
(k) Gold Franc. A monetary unit representing the value of a particular
nation's currency to a gold par value. One of the monetary units used to
effect accounting settlements in the maritime mobile and the maritime
mobile-satellite services.
(l) International Telecommunication Union (ITU). One of the United Nations
family organizations headquartered in Geneva, Switzerland along with several
other United Nations (UN) family organizations. The ITU is the UN agency
responsible for all matters related to international telecommunications. The
ITU has over 180 Member Countries, including the United States, and provides
an international forum for dealing with all aspects of international
telecommunications, including radio, telecom services and telecom
facilities.
(m) Linking Coefficient. The ITU mandated conversion factor used to convert
gold francs to Special Drawing Rights (SDRs). Among other things, it is used
to perform accounting settlements in the maritime mobile and the maritime
mobile-satellite services.
(n) Maritime Mobile Service. A mobile service between coast stations and
ship stations, or between ship stations, or between associated on-board
communication stations. Survival craft stations and emergency position-
indicating radiobeacon stations may also participate in this service.
(o) Maritime Mobile-Satellite Service. A mobile-satellite service in which
mobile earth stations are located on board ships. Survival craft stations
and emergency position-indicating radiobeacon stations may also participate
in this radio service.
(p) Public Correspondence. Any telecommunication which the offices and
stations must, by reason of their being at the disposal of the public,
accept for transmission. This usually applies to maritime mobile and
maritime mobile-satellite stations.
(q) Recognized Operating Agencies (ROAs). ^2 Individuals, companies or
corporations, other than governments or agencies, recognized by
administrations, which operate telecommunications installations or provide
telecommunications services intended for international use or which are
capable of causing interference to international telecommunications. ROAs
which settle debtor accounts for public correspondence in the maritime
mobile and maritime mobile-satellite radio services must be certified as
accounting authorities.
^2 Id.
(r) Ship Station. A mobile station in the maritime mobile service located on
board a vessel which is not permanently moored, other than a survival craft
station.
(s) Special Drawing Right (SDR). A monetary unit of the International
Monetary Fund (IMF) currently based on a market basket of exchange rates for
the United States, West Germany, Great Britain, France and Japan but is
subject to IMF's definition. One of the monetary units used to effect
accounting settlements in the maritime mobile and maritime mobile-satellite
services.
(t) United States. The continental U.S., Alaska, Hawaii, the Commonwealth of
Puerto Rico, the Virgin Islands or any territory or possession of the United
States.
Eligibility
top
§ 3.10 Basic qualifications.
top
(a) Applicants must meet the requirements and conditions contained in these
rules in order to be certified as an accounting authority. No individual or
other entity, including accounting authorities approved by other
administrations, may act as a United States accounting authority and settle
accounts of U.S. licensed vessels in the maritime mobile or maritime
mobile-satellite services without a certification from the Federal
Communications Commission. Accounting authorities with interim certification
as of the effective date of this rule must submit to the application process
discussed in §3.20. They will be “grandfathered”, i.e, granted permanent
certification provided they demonstrate their eligibility and present a
proper application.
(b) U.S. citizenship is not required of individuals in order to receive
certification from the Commission to be an accounting authority. Likewise,
joint ventures need not be organized under the laws of the United States in
order to be eligible to perform settlements for U.S. licensed vessels. See,
however, §3.11.
(c) Prior experience in maritime accounting, general commercial accounting,
international shipping or any other related endeavor will be taken into
consideration by the Commission in certifying accounting authorities. The
lack of such expertise, however, will not automatically disqualify an
individual, partnership, corporation or other entity from becoming an
accounting authority.
(d) Applicants must provide formal financial statements or documentation
proving all assets, liabilities, income and expenses.
(e) Applicants must offer their services to any member of the public making
a reasonable request therefor, without undue discrimination against any
customer or class of customer, and fees charged for providing such services
shall be reasonable and non-discriminatory. This requirement will be waived
for applicants who settle their own accounts only and are eligible to be
“grandfathered” during the initial application period. However, should the
need for additional accounting authorities be proven, these accounting
authorities will be required to offer their services to the public or
relinquish their certification.
[ 61 FR 20165 , May 6, 1996, as amended at 64 FR 40776 , July 28, 1999]
§ 3.11 Location of settlement operation.
top
(a) Within the United States. A certified accounting authority maintaining
all settlement operations, as well as associated documentation, within the
United States will be assigned an AAIC with a “US” prefix.
(b) Outside the United States. A certified accounting authority maintaining
settlement operations outside the United States will be assigned the same
AAIC as that originally assigned to such entity by the administration of the
country of origin. However, in no case will an entity be certified as an
accounting authority for settlement of U.S. licensed vessel accounts unless
the entity is requesting to conduct a settlement operation in the United
States or has already been issued an AAIC by another administration.
Application Procedures
top
§ 3.20 Application form.
top
Written application must be made to the Federal Communications Commission on
FCC Form 44, “Application For Certification As An Accounting Authority” in
order to be considered for certification as an accounting authority. No
other application form may be used. No consideration will be given to
applicants not submitting applications in accordance with these rules or in
accordance with any other instructions the Commission may issue. FCC Form 44
may be obtained from the Commission by writing to the address shown in
§3.61.
§ 3.21 Order of consideration.
top
(a) Accounting Authority applications will be processed on a first-come,
first-served basis. When applications are received on the same day, the
application with the earliest mailing date, as evidenced by the postmark,
will be processed first. Interim accounting authorities seeking permanent
certifications through the “grandfathering” process will not compete with
other applicants during the first 60 days following the effective date of
these rules which is allowed for submission of their applications. After the
“grandfathering” process is completed, all other applicants will be
processed as in paragraph (a) of this section.
(b) At any given time, there will be no more than 25 certified accounting
authorities with a minimum of 15 “US” AAICs reserved for use by accounting
authorities conducting settlement operations within the United States. The
Commission will retain all valid applications received after the maximum
number of accounting authorities have been approved and will inform such
applicants that should an AAIC become available for reassignment in the
future, the Commission will conditionally certify as an accounting authority
the oldest of the qualified pending applicants, as determined by the order
of receipt. Final certification would be conditional upon filing of an
amended application (if necessary). The Commission will inform the applicant
of his/her conditional selection in writing to confirm the applicant's
continued interest in becoming an accounting authority.
§ 3.22 Number of accounting authority identification codes per applicant.
top
(a) No entity will be entitled to or assigned more than one AAIC.
(b) AAICs may not be reassigned, sold, bartered or transferred and do not
convey upon sale or absorption of a company or firm without the express
written approval of the Commission. Only the FCC may certify accounting
authorities and assign U.S. AAICs for entities settling accounts of U.S.
licensed vessels in the maritime mobile and maritime mobile-satellite
services.
(c) Accounting authorities who are “grandfathered” during the initial
application period may retain their interim AAIC.
§ 3.23 Legal applicant.
top
The application shall be signed by the individual, partner or primary
officer of a corporation who is legally able to obligate the entity for
which he or she is a representative.
§ 3.24 Evidence of financial responsibility.
top
All applicants must provide evidence of sound financial status. To the
extent that the applicant is a business, formal financial statements will be
required. Other applicants may submit documentation proving all assets,
liabilities, income and expenses which supports their ability to meet their
personal obligations. Applicants must provide any additional information
deemed necessary by the Commission.
§ 3.25 Number of copies.
top
One original and one copy of FCC Form 44, “Application For Certification As
An Accounting Authority” will be required. Only applications mailed to the
Commission on official, Commission approved application forms will be
considered. Applications should be mailed at least 90 days prior to planned
commencement of settlement activities to allow time for the Commission to
review the application and to allow for the informal public comment period.
§ 3.26 Where application is to be mailed.
top
All applications shall be mailed to the Accounting Authority Certification
Officer in Washington, D.C. The designated address will be provided on the
FCC Form 44, “Application for Certification As An Accounting Authority”.
§ 3.27 Amended application.
top
Changes in circumstances that cause information previously supplied to the
FCC to be incorrect or incomplete and that could affect the approval
process, require the submission of an amended application. The amended
application should be mailed to the Commission immediately following such
change. See also §§3.24 and 3.51.
§ 3.28 Denial of privilege.
top
(a) The Commission, in its sole discretion, may refuse to grant an
application to become an accounting authority for any of the following
reasons:
(1) Failure to provide evidence of acceptable financial responsibility;
(2) If the applicant, in the opinion of the FCC reviewing official, does not
possess the qualifications necessary to the proper functioning of an
accounting authority;
(3) Application is not personally signed by the proper official(s);
(4) Applicant does not provide evidence that accounting operations will take
place in the United States or its territories and the applicant does not
already possess an AAIC issued by another administration;
(5) Application is incomplete, the applicant fails to provide additional
information requested by the Commission or the applicant indicates that it
cannot meet a particular provision; or
(6) When the Commission determines that the grant of an authorization is
contrary to the public interest.
(b) These rules provide sufficient latitude to address defects in
applications. Entities seeking review should follow procedures set forth in
§1.106 or §1.115 of this chapter.
§ 3.29 Notifications.
top
(a) The Commission will publish the name of an applicant in a Public Notice
before granting certification and will invite informal public comment on the
qualifications of the applicant from any interested parties. Comments
received will be taken into consideration by the Commission in making its
determination as to whether to approve an applicant as an accounting
authority. Thirty days will be allowed for submission of comments.
(b) The Commission will notify each applicant in writing as to whether the
applicant has been approved as an accounting authority. If the application
is not approved, the Commission will provide a brief statement of the
grounds for denial.
(c) The names and addresses of all newly certified accounting authorities
will be published in a Public Notice issued by the Commission. Additionally,
the Commission will notify the ITU within 30 days of any changes to its
approved list of accounting authorities.
Settlement Operations
top
§ 3.40 Operational requirements.
top
All accounting authorities must conduct their operations in conformance with
the provisions contained in this section and with relevant rules and
guidance issued from time to time by the Commission.
§ 3.41 Amount of time allowed before initial settlements.
top
An accounting authority must begin settling accounts no later than six
months from the date of certification. Failure to commence settlement
operations is cause for suspension or cancellation of an accounting
authority certification.
§ 3.42 Location of processing facility.
top
Settlement of maritime mobile and maritime mobile-satellite service accounts
must be performed within the United States by all accounting authorities
possessing the “US” prefix. Other accounting authorities approved by the
Commission may settle accounts either in the U.S. or elsewhere. See also
§§3.11 and 3.21(b).
§ 3.43 Applicable rules and regulations.
top
Accounting authority operations must be conducted in accordance with
applicable FCC rules and regulations, the International Telecommunication
Regulations (ITR), and other international rules, regulations, agreements,
and, where appropriate, ITU-T Recommendations. In particular, the following
must be adhered to or taken into account in the case of ITU-T.
(a) The latest basic treaty instrument(s) of the International
Telecommunication Union (ITU);
(b) Binding agreements contained in the Final Acts of World Administrative
Radio Conferences and/or World International Telecommunication Conferences;
(c) ITU Radio Regulations;
(d) ITU International Telecommunication Regulations (ITR);
(e) ITU-T Recommendations (particularly D.90 and D.195); and
(f) FCC Rules and Regulations (47 CFR part 3).
§ 3.44 Time to achieve settlements.
top
All maritime telecommunications accounts should be timely paid in accordance
with applicable ITU Regulations, Article 66 and International
Telecommunication Regulations (Melbourne, 1988). Accounting authorities are
deemed to be responsible for remitting, in a timely manner, all valid
amounts due to foreign administrations or their agents.
§ 3.45 Amount of charges.
top
Accounting Authorities may charge any reasonable fee for their settlement
services. Settlements themselves, however, must adhere to the standards set
forth in these rules and must be in accordance with the International
Telecommunication Regulations (ITR) taking into account the applicable ITU-T
Recommendations and other guidance issued by the Commission.
§ 3.46 Use of gold francs.
top
An accounting authority must accept accounts presented to it from foreign
administrations in gold francs. These gold francs must be converted on the
date of receipt of the bill to the applicable Special Drawing Right (SDR)
rate (as published by the International Monetary Fund) on that date
utilizing the linking coefficient of 3.061 gold francs = 1 SDR. An
equivalent amount in U.S. dollars must be paid to the foreign
administration. Upon written concurrence by the FCC, an accounting authority
may make separate agreements, in writing, with foreign administrations or
their agents for alternative settlement methods, in accordance with ITU-T
Recommendation D.195.
§ 3.47 Use of SDRs.
top
An accounting authority must accept accounts presented to it from foreign
administrations in Special Drawing Rights (SDRs). These SDRs must be
converted to dollars on the date of receipt by the accounting authority and
an equivalent amount in US dollars must be paid to the foreign
administration. The conversion rate will be the applicable rate published by
the International Monetary Fund (IMF) for the date of receipt of the account
from the foreign administration. Upon written concurrence by the FCC, any
accounting authority may make separate agreements, in writing, with foreign
administrations or their agents for alternative settlement methods, provided
account is taken of ITU-T Recommendation D.195.
§ 3.48 Cooperation with the Commission.
top
Accounting authorities must cooperate fully with the FCC in all respects
concerning international maritime settlements issues, including the
resolution of questions of fact or other issues arising as a result of
settlement operations.
§ 3.49 Agreement to be audited.
top
Accounting authorities accept their certifications on condition that they
are subject to audit of their settlement activities by the Commission or its
representative. Additionally, the Commission reserves the right to verify
any statement(s) made or any materials submitted to the Commission under
these rules. Verification may involve discussions with ship owners or others
as well as the requirement to submit additional information to the
Commission. Failure to respond satisfactorily to any audit findings is
grounds for forfeiture or suspension or cancellation of authority to act as
an accounting authority for U.S. vessels.
§ 3.50 Retention of settlement records.
top
Accounting authorities must maintain, for the purpose of compliance with
these rules, all settlement records for a period of at least seven years
following settlement of an account with a foreign administration or agent.
§ 3.51 Cessation of operations.
top
The FCC must be notified immediately should an accounting authority plan to
relinquish its certification or cease to perform settlements as authorized.
Additionally, the Commission must be advised in advance of any proposed
transfer of control of an accounting authority's firm or organization, by
any means, to another entity.
(a) When an accounting authority is transferred, merged or sold, the new
entity must apply for certification in its own right if it is interested in
becoming an accounting authority. Provided the new applicant is eligible and
completes the application process satisfactorily, the AAIC will be
transferred to the new applicant. In the case of a merger of two accounting
authorities, the merged entity must decide which AAIC to retain.
(b) Section 3.21(a) will be waived for these applicants.
(c) The applicant must comply with application process including public
comment.
(d) The applicant must certify acceptance of all accounts and must furnish a
list of the accounts to the Commission at the time of application.
§ 3.52 Complaint/inquiry resolution procedures.
top
(a) Accounting authorities must maintain procedures for resolving complaints
and/or inquiries from its contractual customers (vessels for which it
performs settlements), the FCC, the ITU, and foreign administrations or
their agents. These procedures must be available to the Commission upon
request.
(b) If a foreign administration requests assistance in collection of
accounts from ships licensed by the FCC, the appropriate accounting
authority will provide all information requested by the Commission in a
timely manner to enable the Commission to determine the cause of the
complaint and to resolve the issue. If accounts are in dispute, the
Commission will determine the amount due the foreign administration,
accounting authority or ROA, and may direct the accounting authority to pay
the accounts to the foreign administration. If the accounting authority does
not pay the disputed accounts within a reasonable timeframe, the Commission
may take action to levy a forfeiture, cancel the AAIC privilege and/or to
revoke any operating authority or licenses held by that accounting
authority. (See also §3.72).
§ 3.53 FCC notification of refusal to provide telecommunications service to
U.S. registered vessel(s).
top
An accounting authority must inform the FCC immediately should it receive
notice from any source that a foreign administration or facility is refusing
or plans to refuse legitimate public correspondence to or from any U.S.
registered vessel.
§ 3.54 Notification of change in address.
top
The Commission must be notified in writing within 15 days of any change in
address of an accounting authority. Such written notification should be sent
to the address shown in §3.61.
Reporting Requirements
top
§ 3.60 Reports.
top
(a) Initial Inventory of Vessels. Within 60 days after receiving final
approval from the FCC to be an accounting authority, each certified
accounting authority must provide to the FCC an initial list of vessels for
which it is performing settlements. This list should contain only U.S.
registered vessels. Such list shall be typewritten or computer generated, be
annotated to indicate it is the initial inventory and be in the general
format of the following and provide the information shown:
Vessel Name Call Sign
(b) Semi-Annual Additions/Modifications/Deletions to Vessel Inventory.
Beginning with the period ending on the last day of March or September
following submission of an accounting authority's Initial Inventory of
Vessels (See paragraph (a) of this section.) and each semi-annual period
thereafter, each accounting authority is required to submit to the FCC a
report on additions, modifications or deletions to its list of vessels for
which it is performing or intending to perform settlements, whether or not
settlements actually have taken place. The list should contain only U.S.
registered vessels. The report shall be typewritten or computer generated
and be in the following general format:
Additions to Current Vessel Inventory
Vessel Name Call Sign Effective Date
Modifications to Current Vessel Inventory
Previous Vessel Name Previous Call Sign New Vessel Name New Call Sign
Effective Date
Deletions to Current Vessel Inventory
Vessel Name Call Sign Effective Date
The preceding report must be received by the Commission no later than 15
days following the end of the period (March or September) for which the
report pertains. Modifications refer to changes to call sign or ship name of
vessels for which the accounting authority settles accounts and for which
fbasic information has previously been provided to the Commission. Reports
are to be submitted even if there have been no additions, modifications or
deletions to vessel inventories since the previous report. If there are no
changes to an inventory, this should be indicated on the report.
(c) End of Year Inventory. By February 1st of each year, each accounting
authority must submit an end-of-year inventory report listing vessels for
which the accounting authority performed settlements as of the previous
December 31st. The list should contain only U.S. registered vessels. The
report must be typewritten or computer generated and prepared in the same
general format as that shown in paragraph (a) of this section except it
should be annotated to indicate it is the End of Year inventory.
(d) Annual Statistical Report of Settlement Operations. By February 1st of
each year, each accounting authority settling accounts for U.S. registered
vessels must submit to the FCC an Annual Statistical Report, FCC Form 45,
which details the number and dollar amount of settlements, by foreign
administration, during the preceding twelve months. Information contained in
this report provides statistical data that will enable the Commission to
monitor operations to ensure adherence to these rules and to appropriate
international settlement procedures. FCC Form 45 can be obtained by writing
to the address in 3.61 of these rules.
§ 3.61 Reporting address.
top
All reports must be received at the following address no later than the
required reporting date:
Accounting Authority Certification Officer, Financial Operations Center,
Federal Communications Commission, 445 12th Street, SW., Washington, D.C.
20554
[ 61 FR 20165 , May 6, 1996, as amended at 65 FR 58466 , Sept. 29, 2000]
§ 3.62 Request for confidentiality.
top
Applicants should comply with §0.459 of this chapter when requesting
confidentiality and cannot assume that it will be offered automatically.
Enforcement
top
§ 3.70 Investigations.
top
The Commission may investigate any complaints made against accounting
authorities to ensure compliance with the Commission's rules and with
applicable ITU Regulations and other international maritime accounting
procedures.
§ 3.71 Warnings.
top
The Commission may issue written warnings or forfeitures to accounting
authorities which are found not to be operating in accordance with
established rules and regulations. Warnings will generally be issued for
violations which do not seriously or immediately affect settlement functions
or international relations. Continued or unresolved violations may lead to
further enforcement action by the Commission, including any or all legally
available sanctions, including but not limited to, forfeitures
(Communications Act of 1934, Sec. 503), suspension or cancellation of the
accounting authority certification.
§ 3.72 Grounds for further enforcement action.
top
(a) The Commission may take further enforcement action, including
forfeiture, suspension or cancellation of an accounting authority
certification, if it is determined that the public interest so requires.
Reasons for which such action may be taken include, inter alia:
(1) Failure to initiate settlements within six months of certification or
failure to perform settlements during any subsequent six month period;
(2) Illegal activity or fraud;
(3) Non-payment or late payment to a foreign administration or agent;
(4) Failure to follow ITR requirements and procedures;
(5) Failure to take into account ITU-T Recommendations;
(6) Failure to follow FCC rules and regulations;
(7) Bankruptcy; or
(8) Providing false or incomplete information to the Commission or failure
to comply with or respond to requests for information.
(b) Prior to taking any of the enforcement actions in paragraph (a) of this
section, the Commission will give notice of its intent to take the specified
action and the grounds therefor, and afford a 30-day period for a response
in writing; provided that, where the public interest so requires, the
Commission may temporarily suspend a certification pending completion of
these procedures. Responses must be forwarded to the Accounting Authority
Certification Officer. See §3.61.
§ 3.73 Waiting period after cancellation.
top
An accounting authority whose certification has been cancelled must wait a
minimum of three years before reapplying to be an accounting authority.
§ 3.74 Ship stations affected by suspension, cancellation or relinquishment.
top
(a) Whenever the accounting authority privilege has been suspended,
cancelled or relinquished, the accounting authority is responsible for
immediately notifying all U.S. ship licensees for which it was performing
settlements of the circumstances and informing them of the requirement
contained in paragraph (b) of this section.
(b) Those ship stations utilizing an accounting authority's AAIC for which
the subject accounting authority certification has been suspended, cancelled
or relinquished, should make contractual arrangements with another properly
authorized accounting authority to settle its accounts.
(c) The Commission will notify the ITU of all accounting authority
suspensions, cancellations and relinquishments, and
(d) The Commission will publish a Public Notice detailing all accounting
authority suspensions, cancellations and relinquishments.
§ 3.75 Licensee's failure to make timely payment.
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Failure to remit proper and timely payment to the Commission or to an
accounting authority may result in one or more of the following actions
against the licensee:
(a) Forfeiture or other authorized sanction.
(b) The refusal by foreign countries to accept or refer public
correspondence communications to or from the vessel or vessels owned,
operated or licensed by the person or entity failing to make payment. This
action may be taken at the request of the Commission or independently by the
foreign country or coast station involved.
(c) Further action to recover amounts owed utilizing any or all legally
available debt collection procedures.
§ 3.76 Licensee's liability for payment.
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The U.S. ship station licensee bears ultimate responsibility for final
payment of its accounts. This responsibility cannot be superseded by the
contractual agreement between the ship station licensee and the accounting
authority. In the event that an accounting authority does not remit proper
and timely payments on behalf of the ship station licensee:
(a) The ship station licensee will make arrangements for another accounting
authority to perform future settlements, and
(b) The ship station licensee will settle any outstanding accounts due to
foreign entities.
(c) The Commission will, upon request, take all possible steps, within the
limits of applicable national law, to ensure settlement of the accounts of
the ship station licensee. As circumstances warrant, this may include
issuing warnings to ship station licensees when it becomes apparent that an
accounting authority is failing to settle accounts. See also §§3.70 through
3.74.
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