Federal Communications Commission § 3.2

3.51 Cessation of operations. tion D.90 to whom maritime accounts 3.52 Complaint/inquiry resolution proce- in respect of mobile stations licensed dures. by that country may be sent. 3.53 FCC notification of refusal to provide telecommunications service to U.S. reg- (b) Accounting Authority Certification istered vessel(s). Officer. The official designated by the 3.54 Notification of change in address. Managing Director, Federal Commu- nications Commission, who is respon- REPORTING REQUIREMENTS sible, based on the coordination and re- 3.60 Reports. view of information related to appli- 3.61 Reporting address. cants, for granting certification as an 3.62 Request for confidentiality. accounting authority in the maritime ENFORCEMENT mobile and maritime mobile-satellite radio services. The Accounting Author- 3.70 Investigations. ity Certification Officer may initiate 3.71 Warnings. action to suspend or cancel an account- 3.72 Grounds for further enforcement action. ing authority certification if it is de- 3.73 Waiting period after cancellation. termined to be in the public’s best in- 3.74 Ship stations affected by suspension, terest. cancellation or relinquishment. (c) Accounting Authority Identification 3.75 Licensee’s failure to make timely pay- Codes (AAICs). The discrete identifica- ment. tion code of an accounting authority 3.76 Licensee’s liability for payment. responsible for the settlement of mari- AUTHORITY: 47 U.S.C. 154(i), 154(j) and time accounts (Annex A to ITU-T Rec- 303(r). ommendation D.90). SOURCE: 61 FR 20165, May 6, 1996, unless (d) Administration. Any governmental otherwise noted. department or service responsible for discharging the obligations undertaken GENERAL in the Convention of the International Telecommunication Union and the § 3.1 Scope, basis, purpose. Radio Regulations. For purposes of By these rules the Federal Commu- these rules, ‘‘Administration’’ refers to nications Commission (FCC) is delin- a foreign government or the U.S. Gov- eating its responsibilities in certifying ernment, and more specifically, to the and monitoring accounting authorities Federal Communications Commission. in the maritime mobile and maritime (e) Authorization. Approval by the mobile-satellite radio services. These Federal Communications Commission entities settle accounts for public cor- to operate as an accounting authority. respondence due to foreign administra- Synonymous with ‘‘certification’’. tions for messages transmitted at sea (f) CCITT. The internationally recog- by or between maritime mobile sta- nized French acronym for the Inter- tions located on board ships subject to national Telegraph and Telephone Con- U.S. registry and utilizing foreign sultative Committee, one of the former coast and coast earth station facilities. sub-entities of the International Tele- These rules are intended to ensure that communication Union (ITU). The settlements of accounts for U.S. li- CCITT (ITU-T) 1 is responsible for de- censed ship radio stations are con- veloping international telecommuni- ducted in accordance with the Inter- cations recommendations relating to national Telecommunication Regula- tions (ITR), taking into account the 1 At the ITU Additional Plenipotentiary applicable ITU-T Recommendations. Conference in Geneva (December, 1992), the structure, working methods and construct of § 3.2 Terms and definitions. the basic ITU treaty instrument were modi- (a) Accounting Authority. The Admin- fied. The result is that the names of the sub- istration of the country that has issued entities of the ITU have changed (e.g., the the license for a mobile station or the CCITT has become the Telecommunication Standardization Sector—ITU-T and Recog- recognized operating agency or other nized Private Operating Agency has become entity/entities designated by the Ad- Recognized Operating Agency-ROA). The ministration in accordance with ITR, changes were placed into provisional effect Appendix 2 and ITU-T Recommenda- Continued

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standardization of international tele- stations, or between ship stations, or communications services and facilities, between associated on-board commu- including matters related to inter- nication stations. Survival craft sta- national charging and accounting prin- tions and emergency position- indi- ciples and the settlement of inter- cating radiobeacon stations may also national telecommunications accounts. participate in this service. Such recommendations are, effec- (o) Maritime Mobile-Satellite Service. A tively, the detailed implementation mobile-satellite service in which mo- provisions for topics addressed in the bile earth stations are located on board International Telecommunication Reg- ships. Survival craft stations and emer- ulations (ITR). gency position-indicating radiobeacon (g) Certification. Approval by the FCC stations may also participate in this to operate as an accounting authority. Synonymous with ‘‘authorization’’. radio service. (h) Coast Earth Station. An earth sta- (p) Public Correspondence. Any tele- tion in the fixed-satellite service or, in communication which the offices and some cases, in the maritime mobile- stations must, by reason of their being satellite service, located at a specified at the disposal of the public, accept for fixed point on land to provide a feeder transmission. This usually applies to link for the maritime mobile-satellite maritime mobile and maritime mobile- service. satellite stations. (i) Coast Station. A land station in the (q) Recognized Operating Agencies maritime mobile service. (ROAs).2 Individuals, companies or cor- (j) Commission. The Federal Commu- porations, other than governments or nications Commission. The FCC. agencies, recognized by administra- (k) Gold Franc. A monetary unit rep- tions, which operate telecommuni- resenting the value of a particular na- cations installations or provide tele- tion’s currency to a gold par value. One communications services intended for of the monetary units used to effect ac- international use or which are capable counting settlements in the maritime of causing interference to inter- mobile and the maritime mobile-sat- national telecommunications. ROAs ellite services. which settle debtor accounts for public (l) International Telecommunication correspondence in the maritime mobile Union (ITU). One of the United Nations and maritime mobile-satellite radio family organizations headquartered in services must be certified as account- Geneva, Switzerland along with several ing authorities. other United Nations (UN) family organizations. The ITU is the UN agency (r) Ship Station. A mobile station in responsible for all matters related to the maritime mobile service located on international telecommunications. The board a vessel which is not perma- ITU has over 180 Member Countries, in- nently moored, other than a survival cluding the United States, and provides craft station. an international forum for dealing with (s) Special Drawing Right (SDR). A all aspects of international tele- monetary unit of the International communications, including radio, Monetary Fund (IMF) currently based telecom services and telecom facilities. on a market basket of exchange rates (m) Linking Coefficient. The ITU man- for the United States, West Germany, dated conversion factor used to convert Great Britain, France and Japan but is gold francs to Special Drawing Rights subject to IMF’s definition. One of the (SDRs). Among other things, it is used monetary units used to effect account- to perform accounting settlements in ing settlements in the maritime mobile the maritime mobile and the maritime and maritime mobile-satellite services. mobile-satellite services. (t) United States. The continental (n) Maritime Mobile Service. A mobile U.S., Alaska, Hawaii, the Common- service between coast stations and ship wealth of Puerto Rico, the Virgin Is- lands or any territory or possession of on March 1, 1993 with the formal entry into the United States. force of these changes being July 1, 1994. We will refer to the new nomenclatures within these rules, wherever practicable. 2 Id.

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ELIGIBILITY need for additional accounting authorities be proven, these accounting au- § 3.10 Basic qualifications. thorities will be required to offer their (a) Applicants must meet the require- services to the public or relinquish ments and conditions contained in their certification. these rules in order to be certified as an accounting authority. No individual [61 FR 20165, May 6, 1996, as amended at 64 FR 40776, July 28, 1999] or other entity, including accounting authorities approved by other adminis- § 3.11 Location of settlement oper- trations, may act as a United States ation. accounting authority and settle accounts of U.S. licensed vessels in the (a) Within the United States. A cer- maritime mobile or maritime mobile- tified accounting authority maintain- satellite services without a certifi- ing all settlement operations, as well cation from the Federal Communica- as associated documentation, within tions Commission. Accounting authori- the United States will be assigned an ties with interim certification as of the AAIC with a ‘‘US’’ prefix. effective date of this rule must submit (b) Outside the United States. A cer- to the application process discussed in tified accounting authority maintain- § 3.20. They will be ‘‘grandfathered’’, ing settlement operations outside the i.e, granted permanent certification United States will be assigned the provided they demonstrate their eligi- same AAIC as that originally assigned bility and present a proper application. to such entity by the administration of (b) U.S. citizenship is not required of the country of origin. However, in no individuals in order to receive certifi- case will an entity be certified as an cation from the Commission to be an accounting authority for settlement of accounting authority. Likewise, joint U.S. licensed vessel accounts unless the ventures need not be organized under entity is requesting to conduct a set- the laws of the United States in order tlement operation in the United States to be eligible to perform settlements or has already been issued an AAIC by for U.S. licensed vessels. See, however, another administration. § 3.11. (c) Prior experience in maritime ac- APPLICATION PROCEDURES counting, general commercial accounting, international shipping or any § 3.20 Application form. other related endeavor will be taken Written application must be made to into consideration by the Commission the Federal Communications Commis- in certifying accounting authorities. sion on FCC Form 44, ‘‘Application For The lack of such expertise, however, Certification As An Accounting Au- will not automatically disqualify an thority’’ in order to be considered for individual, partnership, corporation or certification as an accounting author- other entity from becoming an ac- ity. No other application form may be counting authority. used. No consideration will be given to (d) Applicants must provide formal applicants not submitting applications financial statements or documentation proving all assets, liabilities, income in accordance with these rules or in ac- and expenses. cordance with any other instructions (e) Applicants must offer their serv- the Commission may issue. FCC Form ices to any member of the public mak- 44 may be obtained from the Commis- ing a reasonable request therefor, with- sion by writing to the address shown in out undue discrimination against any § 3.61. customer or class of customer, and fees charged for providing such services § 3.21 Order of consideration. shall be reasonable and non-discrimi- (a) Accounting Authority applica- natory. This requirement will be tions will be processed on a first-come, waived for applicants who settle their first-served basis. When applications own accounts only and are eligible to are received on the same day, the ap- be ‘‘grandfathered’’ during the initial plication with the earliest mailing application period. However, should the date, as evidenced by the postmark,

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