Goto Section: 13.8 | 13.10 | Table of Contents
FCC 13.9
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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) Each application for a new General Radiotelephone Operator License,
Marine Radio Operator Permit, Radiotelegraph Operator License, 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 § 1.913 of this chapter.
(c) Each application for a new General Radiotelephone Operator License,
Marine Radio Operator Permit, Radiotelegraph Operator License, 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 § 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
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. When acting on
behalf of qualified examinees, the COLEM must forward all required data to
the FCC electronically.
(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: Except as noted in paragraph (d)(3) of this section, the
written examination and telegraphy Element(s) required to obtain the license
held;
(2) An expired or unexpired FCC-issued Amateur Extra Class operator license
grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and
(3) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was
renewed as a Marine Radio Operator Permit (see § 13.13(b) of this chapter)
that is unexpired (or within the grace period): 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 § 1.913 of this chapter. 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 Class Radiotelegraph Operator's
Certificate, Second Class Radiotelegraph Operator's Certificate, or
Radiotelegraph Operator License 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;
68 FR 46958 , Aug. 7, 2003; 78 FR 23152 , Apr. 18, 2013]
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Goto Section: 13.8 | 13.10
Goto Year: 2014 |
2016
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