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§ 11.61 47 CFR Ch. I (10–1–20 Edition)

(B) Analog cable systems and digital the Commission’s Public Safety and cable systems with 5,000 or more sub- Homeland Security Bureau, subject to scribers per headend and cable the following requirements. systems with 5,000 or more subscribers (A) EAS Participants shall provide must conduct tests of the EAS Header the identifying information required by and EOM Codes at least once a week at the ETRS initially no later than sixty random days and times on all pro- days after the publication in the FED- grammed channels. ERAL REGISTER of a notice announcing (C) Analog cable systems and digital the approval by the Office of Manage- cable systems serving fewer than 5,000 ment and Budget of the modified infor- subscribers per headend and wireless mation collection requirements under cable systems with fewer than 5,000 the Paperwork Reduction Act of 1995 subscribers must conduct tests of the and an effective date of the rule EAS Header and EOM Codes at least amendment, or within sixty days of the once a week at random days and times launch of the ETRS, whichever is later, on at least one programmed channel. and shall renew this identifying infor- (ii) DBS providers, SDARS providers, mation on a yearly basis or as required analog and digital class D non-com- by any revision of the EAS Partici- mercial educational FM stations, ana- pant’s State EAS Plan filed pursuant log and digital LPFM stations, and to § 11.21. analog and digital LPTV stations are (B) ‘‘Day of test’’ data shall be filed not required to transmit this test but in the ETRS within 24 hours of any na- must log receipt, as specified in tionwide test or as otherwise required § 11.35(a) and 11.54(a)(3). by the Public Safety and Homeland Se- (iii) The EAS weekly test is not re- curity Bureau. quired during the week that a monthly (C) Detailed post-test data shall be test is conducted. filed in the ETRS within forty five (45) (iv) EAS Participants are not re- days following any nationwide test. quired to transmit a video message (4) EAS activations and special tests. when transmitting the required weekly The EAS may be activated for emer- test. gencies or special tests at the State or (3) National tests. (i) All EAS Partici- Local Area level by an EAS Partici- pants shall participate in national pant instead of the monthly or weekly tests as scheduled by the Commission tests required by this section. To sub- in consultation with the Federal Emer- stitute for a monthly test, activation gency Management Agency (FEMA). must include transmission of the EAS Such tests will consist of the delivery header codes, Attention Signal, emer- by FEMA to PEP/NP stations of a gency message and EOM code and com- coded EAS message, including EAS ply with the visual message require- header codes, Attention Signal, Test ments in § 11.51. To substitute for the Script, and EOM code. All other EAS weekly test of the EAS header codes Participants will then be required to and EOM codes in paragraph (a)(2)(i) of relay that EAS message. The coded this section, activation must include message shall utilize EAS test codes as transmission of the EAS header and designated by the Commission’s rules. EOM codes. Analog and digital tele- (ii) A national test shall replace the vision broadcast stations, analog cable required weekly and monthly tests for systems, digital cable systems, wireless all EAS Participants, as set forth in cable systems, and DBS providers shall paragraphs (a)(1) and (a)(2) of this sec- comply with the aural and visual mes- tion, in the week and month in which sage requirements in § 11.51. Special it occurs. EAS tests at the State and Local Area (iii) Notice shall be provided to EAS levels may be conducted on daily basis Participants by the Commission at following procedures in State and least two months prior to the conduct Local Area EAS plans. of any such national test. (5) Live Code Tests. EAS Participants (iv) Test results as required by the may participate in no more than two Commission shall be logged by all EAS (2) ‘‘Live Code’’ EAS Tests per calendar Participants into the EAS Test Report- year that are conducted to exercise the ing System (ETRS) as determined by EAS and raise public awareness for it,

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provided that the entity conducting 13.213 COLEM qualifications. the test: 13.215 Question pools. (i) Notifies the public before the test 13.217 Records. that live event codes will be used, but AUTHORITY: 47 U.S.C. 154, 303. that no emergency is, in fact, occur- ring; SOURCE: 58 FR 9124, Feb. 19, 1993, unless (ii) To the extent technically fea- otherwise noted. sible, states in the test message that GENERAL the event is only a test; (iii) Coordinates the test among EAS § 13.1 Basis and purpose. Participants and with state and local emergency authorities, the relevant (a) Basis. The basis for the rules con- SECC (or SECCs, if the test could af- tained in this part is the Communica- fect multiple states), and first re- tions Act of 1934, as amended, and ap- sponder organizations, such as PSAPs, plicable treaties and agreements to police, and fire agencies); and, which the United States is a party. (iv) Consistent with § 11.51, provides (b) Purpose. The purpose of the rules in widely accessible formats the notifi- in this part is to prescribe the manner cation to the public required by this and conditions under which commer- subsection that the test is only a test, cial operators are licensed by the and is not a warning about an actual Commission. emergency. (b) Entries shall be made in EAS Par- § 13.3 Definitions. ticipant records, as specified in The definitions of terms used in part § 11.35(a) and 11.54(a)(3). 13 are: [70 FR 71038, Nov. 25, 2005, as amended at 76 (a) COLEM. Commercial operator li- FR 12604, Mar. 8, 2011; 77 FR 16707, Mar. 22, cense examination manager. 2012; 80 FR 37177, June 30, 2015; 83 FR 39621, (b) Commercial radio operator. A per- Aug. 10, 2018; 85 FR 30634, May 20, 2020] son holding a license or licenses speci- fied in § 13.7(b). PART 13—COMMERCIAL RADIO (c) GMDSS. Global Maritime Distress OPERATORS and Safety System. (d) FCC. Federal Communications GENERAL Commission. Sec. (e) International . A dot- 13.1 Basis and purpose. dash code as defined in International 13.3 Definitions. Telegraph and Consultative 13.5 Licensed commercial radio operator re- Committee (CCITT) Recommendation quired. F.1 (1984), Division B, I. Morse code. 13.7 Classification of operator licenses and (f) ITU. International Telecommuni- endorsements. 13.8 Authority conveyed. cation Union. 13.9 Eligibility and application for new li- (g) PPC. Proof-of-Passing Certificate. cense or endorsement. (h) Question pool. All current exam- 13.10 Licensee address. ination questions for a designated writ- 13.11 Holding more than one commercial ten examination element. radio operator license. (i) Question set. A series of examina- 13.13 Application for a renewed or modified license. tion questions on a given examination 13.15 License term. selected from the current question 13.17 Replacement license. pool. 13.19 Operator’s responsibility. (j) Radio Regulations. The latest ITU Radio Regulations to which the United EXAMINATION SYSTEM States is a party. 13.201 Qualifying for a commercial operator license or endorsement. § 13.5 Licensed commercial radio oper- 13.203 Examination elements. ator required. 13.207 Preparing an examination. 13.209 Examination procedures. Rules that require FCC station li- 13.211 Commercial radio operator license censees to have certain op- examination. eration, maintenance, and repair duties

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performed by a commercial radio oper- (c) There are three license endorse- ator are contained in parts 80 and 87 of ments affixed by the FCC to provide this chapter. special authorizations or restrictions. Endorsements may be affixed to the li- [78 FR 23152, Apr. 18, 2013] cense(s) indicated in parentheses. § 13.7 Classification of operator li- (1) Ship Radar Endorsement (First censes and endorsements. and Second Class Radiotelegraph Oper- ator’s Certificates, Radiotelegraph Op- (a) Commercial radio operator li- erator License, General Radio- censes issued by the FCC are classified telephone Operator License, GMDSS in accordance with the Radio Regula- Radio Maintainer’s License). tions of the ITU. (2) Six Months Service Endorsement (b) There are twelve types of com- (First and Second Class Radiotelegraph mercial radio operator licenses, certifi- Operator’s Certificates, Radiotelegraph cates and permits (licenses). The li- Operator License) cense’s ITU classification, if different (3) Restrictive endorsements relating from its name, is given in parentheses. to physical disability, English lan- (1) First Class Radiotelegraph Opera- guage or literacy waivers, or other tor’s Certificate. Beginning May 20, matters (all licenses). 2013, no applications for new First (d) A Restricted Radiotelephone Op- Class Radiotelegraph Operator’s Cer- erator Permit-Limited Use issued by tificates will be accepted for filing. the FCC to an aircraft pilot who is not (2) Second Class Radiotelegraph Op- legally eligible for employment in the erator’s Certificate. Beginning May 20, United States is valid only for oper- 2013, no applications for new Second ating radio stations on aircraft. Class Radiotelegraph Operator’s Cer- (e) A Restricted Radiotelephone Op- tificates will be accepted for filing. erator Permit-Limited Use issued by (3) Third Class Radiotelegraph Opera- the FCC to a person under the provi- tor’s Certificate (radiotelegraph opera- sion of Section 303(1)(2) of the Commu- tor’s special certificate). Beginning nications Act of 1934, as amended, is May 20, 2013, no applications for new valid only for the operation of radio Third Class Radiotelegraph Operator’s stations for which that person is the Certificates will be accepted for filing. station licensee. (4) Radiotelegraph Operator License. (5) General Radiotelephone Operator [58 FR 9124, Feb. 19, 1993; 58 FR 12632, Mar. 5, 1993, as amended at 68 FR 46958, Aug. 7, 2003; License (radiotelephone operator’s gen- 73 FR 4479, Jan. 25, 2008; 78 FR 23152, Apr. 18, eral certificate). 2013] (6) Marine Radio Operator Permit (radiotelephone operator’s restricted § 13.8 Authority conveyed. certificate). Licenses, certificates and permits (7) Restricted Radiotelephone Oper- issued under this part convey author- ator Permit (radiotelephone operator’s ity for the operating privileges of other restricted certificate). licenses, certificates, and permits (8) Restricted Radiotelephone Oper- issued under this part as specified ator Permit-Limited Use (radio- below: telephone operator’s restricted certifi- (a) A First Class Radiotelegraph Op- cate). erator’s Certificate conveys all of the (9) GMDSS Radio Operator’s License operating authority of the Second (general operator’s certificate). Class Radiotelegraph Operator’s Cer- (10) Restricted GMDSS Radio Opera- tificate, the Third Class Radio- tor’s License (restricted operator’s cer- telegraph Operator’s Certificate, the tificate). Radiotelegraph Operator License, the (11) GMDSS Radio Maintainer’s Li- Restricted Radiotelephone Operator cense (technical portion of the first- Permit, and the Marine Radio Operator class radio electronic certificate). Permit. (12) GMDSS Radio Operator/Main- (b) A Radiotelegraph Operator Li- tainer License (general operator’s cer- cense conveys all of the operating au- tificate/technical portion of the first- thority of the Second Class Radio- class radio electronic certificate). telegraph Operator’s Certificate, which

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conveys all of the operating authority (i) The person’s commercial radio op- of the Third Class Radiotelegraph Op- erator license is suspended, or erator’s Certificate, the Restricted Ra- (ii) The person’s commercial radio diotelephone Operator Permit, and the operator license is the subject of an on- Marine Radio Operator Permit. going suspension proceeding, or (c) A Third Class Radiotelegraph Op- (iii) The person is afflicted with com- erator’s Certificate conveys all of the plete deafness or complete muteness or operating authority of the Restricted complete inability for any other reason Radiotelophone Operator Permit and to transmit correctly and to receive the Marine Radio Operator Permit. correctly by telephone spoken mes- (d) A General Radiotelephone Oper- sages in English. ator License conveys all of the oper- (b) Each application for a new Gen- ating authority of the Marine Radio eral Radiotelephone Operator License, Operator Permit and the Restricted Marine Radio Operator Permit, Radio- Radiotelephone Operator Permit. telegraph Operator License, Ship Radar (e) A GMDSS Radio Operator’s Li- Endorsement, Six Months Service En- cense conveys all of the operating au- dorsement, GMDSS Radio Operator’s thority of the Marine Radio Operator License, Restricted GMDSS Radio Op- Permit and the Restricted Radio- erator’s License, GMDSS Radio Main- telephone Operator Permit. tainer’s License, GMDSS Radio Oper- (f) A GMDSS Radio Maintainer’s Li- ator/Maintainer License, Restricted cense conveys all of the operating au- Radiotelephone Operator Permit, or thority of the General Radiotelephone Restricted Radiotelephone Operator Operator License, the Marine Radio Permit–Limited Use must be filed on Operator Permit, and the Restricted FCC Form 605 in accordance with § 1.913 Radiotelephone Operator Permit. of this chapter. (g) A Marine Radio Operator Permit (c) Each application for a new Gen- conveys all of the authority of the Re- eral Radiotelephone Operator License, stricted Radiotelephone Operator Per- Marine Radio Operator Permit, Radio- mit. telegraph Operator License, Ship Radar [64 FR 53240, Oct. 1, 1999, as amended at 78 FR Endorsement, GMDSS Radio Opera- 23152, Apr. 18, 2013] tor’s License, Restricted GMDSS Radio Operator’s License, GMDSS Radio § 13.9 Eligibility and application for Maintainer’s License, or GMDSS Radio new license or endorsement. Operator/Maintainer License must be (a) If found qualified, the following accompanied by the required fee, if persons are eligible to apply for com- any, and submitted in accordance with mercial radio operator licenses: § 1.913 of this chapter. The application (1) Any person legally eligible for em- must include an original PPC(s) from a ployment in the United States. COLEM(s) showing that the applicant (2) Any person, for the purpose of op- has passed the necessary examination erating aircraft radio stations, who Element(s) within the previous 365 days holds: when the applicant files the applica- (i) United States pilot certificates; or tion. If a COLEM files the application (ii) Foreign aircraft pilot certificates on behalf of the applicant, an original which are valid in the United States, if PPC(s) is not required. However, the the foreign government involved has COLEM must keep the PPC(s) on file entered into a reciprocal agreement for a period of 1 year. When acting on under which such foreign government behalf of qualified examinees, the does not impose any similar require- COLEM must forward all required data ment relating to eligibility for employ- to the FCC electronically. ment upon United States citizens. (d) An applicant will be given credit (3) Any person who holds a FCC radio for an examination element as speci- station license, for the purpose of oper- fied below: ating that station. (1) An unexpired (or within the grace (4) Notwithstanding any other provi- period) FCC-issued commercial radio sions of the FCC’s rules, no person operator license: Except as noted in shall be eligible to be issued a commer- paragraph (d)(3) of this section, the cial radio operator license when written examination and

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Element(s) required to obtain the li- this entire six month qualifying period; cense held; and (2) An expired or unexpired FCC- (5) The applicant holds a radio offi- issued Amateur Extra Class operator cer’s license issued by the U.S. Coast license grant granted before April 15, Guard at the time the six month en- 2000: Telegraphy Elements 1 and 2; and dorsement is requested. (3) An FCC-issued Third Class Radio- (g) No person shall alter, duplicate telegraph Operator’s Certificate that for fraudulent purposes, or fraudu- was renewed as a Marine Radio Oper- lently obtain or attempt to obtain an ator Permit (see § 13.13(b) of this chap- operator license. No person shall use a ter) that is unexpired (or within the license issued to another or a license grace period): Telegraphy Elements 1 that he or she knows to be altered, du- and 2. plicated for fraudulent purposes, or (e) Provided that a person’s commer- fraudulently obtained. No person shall cial radio operator license was not re- obtain or attempt to obtain, or assist voked, or suspended, and is not the another person to obtain or attempt to subject of an ongoing suspension pro- obtain, an operator license by fraudu- ceeding, a person whose application for lent means. a commercial radio operator license has been received by the FCC but [58 FR 9124, Feb. 19, 1993, as amended at 59 FR 3795, Jan. 27, 1994; 60 FR 27699, May 25, which has not yet been acted upon and 1995; 63 FR 68942, Dec. 14, 1998; 66 FR 20752, who holds a PPC(s) indicating that he Apr. 25, 2001; 68 FR 46958, Aug. 7, 2003; 78 FR or she passed the necessary examina- 23152, Apr. 18, 2013] tion(s) within the previous 365 days, is authorized to exercise the rights and § 13.10 Licensee address. privileges of the operator license for In accordance with § 1.923 of this which the application was received. chapter, all applicants (except appli- This authority is valid for a period of cants for a Restricted Radiotelephone 90 days from the date the application Operator Permit or a Restricted Radio- was received. The FCC, in its discre- telephone Operator Permit–Limited tion, may cancel this temporary condi- Use) must specify an address where the tional operating authority without a applicant can receive mail delivery by hearing. the United States Postal Service. Sus- (f) Each application for a new six pension of the operator license may re- months service endorsement must be sult when correspondence from the submitted in accordance with § 1.913 of FCC is returned as undeliverable be- this chapter. The application must in- cause the applicant failed to provide clude documentation showing that: the correct mailing address. (1) The applicant was employed as a radio operator on board a ship or ships [78 FR 23153, Apr. 18, 2013] of the United States for a period total- ing at least six months; § 13.11 Holding more than one com- mercial radio operator license. (2) The ships were equipped with a radio station complying with the provi- (a) An eligible person may hold more sions of part II of title III of the Com- than one commercial operator license. munications Act, or the ships were (1) No person may hold two or more owned and operated by the U.S. Gov- unexpired radiotelegraph operator’s ernment and equipped with radio sta- certificates at the same time; tions; (2) No person may hold any class of (3) The ships were in service during radiotelegraph operator’s certificate the applicable six month period and no and a Marine Radio Operator Permit; portion of any single in-port period in- (3) No person may hold any class of cluded in the qualifying six months pe- radiotelegraph operator’s certificate riod exceeded seven days; and a Restricted Radiotelephone Oper- (4) The applicant held a FCC-issued ator Permit. First Class Radiotelegraph Operator’s (b) Each person who is not legally eli- Certificate, Second Class Radio- gible for employment in the United telegraph Operator’s Certificate, or Ra- States, and certain other persons who diotelegraph Operator License during were issued permits prior to September

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13, 1982, may hold two Restricted Ra- tion. If a COLEM files the application diotelephone Operator Permits simul- on behalf of the applicant, an original taneously when each permit authorizes PPC(s) is not required. However, the the operation of a particular station or COLEM must keep the PPC(s) on file class of stations. for a period of 1 year. When acting on [58 FR 9124, Feb. 19, 1993, as amended at 78 behalf of qualified examinees, the FR 23153, Apr. 18, 2013] COLEM must forward all required data to the FCC electronically. § 13.13 Application for a renewed or (d) Provided that a person’s commer- modified license. cial radio operator license was not re- (a) Each application to renew a First voked, or suspended, and is not the Class Radiotelegraph Operator’s Cer- subject of an ongoing suspension pro- tificate, Second Class Radiotelegraph ceeding, a person holding a General Ra- Operator’s Certificate, Third Class Ra- diotelephone Operator License, Marine diotelegraph Operator’s Certificate, or Radio Operator Permit, First Class Ra- Radiotelegraph Operator License must diotelegraph Operator’s Certificate, be made on FCC Form 605. The applica- Second Class Radiotelegraph Opera- tion must be accompanied by the ap- tor’s Certificate, Third Class Radio- propriate fee and submitted in accord- telegraph Operator’s Certificate, Ra- ance with § 1.913 of this chapter. Begin- diotelegraph Operator License, GMDSS ning May 20, 2013, First and Second Radio Operator’s License, GMDSS Class Radiotelegraph Operator’s Cer- Radio Maintainer’s License, or GMDSS tificates will be renewed as Radio- Radio Operator/Maintainer License, telegraph Operator Licenses, and Third who has an application for another Class Radiotelegraph Operator’s Cer- commercial radio operator license tificates will be renewed as Marine which has not yet been acted upon Radio Operator Permits. pending at the FCC and who holds a (b) If a license expires, application PPC(s) indicating that he or she passed for renewal may be made during a the necessary examination(s) within grace period of five years after the ex- the previous 365 days, is authorized to piration date without having to retake exercise the rights and privileges of the the required examinations. The appli- license for which the application is cation must be accompanied by the re- filed. This temporary conditional oper- quired fee and submitted in accordance ating authority is valid for a period of with § 1.913 of this chapter. During the 90 days from the date the application is grace period, the expired license is not received. This temporary conditional valid. A license renewed during the operating authority does not relieve grace period will be effective as of the the licensee of the obligation to com- date of the renewal. Licensees who fail ply with the certification requirements to renew their licenses within the of the Standards of Training, Certifi- grace period must apply for a new li- cense and take the required examina- cation and Watchkeeping (STCW) Con- tion(s). Beginning May 20, 2013, no ap- vention. The FCC, in its discretion, plications for new First, Second, or may cancel this temporary conditional Third Class Radiotelegraph Operator’s operating authority without a hearing. Certificates will be accepted for filing. (e) An applicant will be given credit (c) Each application involving a for an examination element as speci- change in operator class must be filed fied below: on FCC Form 605. Each application for (1) An unexpired (or within the grace a commercial operator license involv- period) FCC-issued commercial radio ing a change in operator class must be operator license: Except as noted in accompanied by the required fee, if paragraph (e)(3) of this section, the any, and submitted in accordance with written examination and telegraphy § 1.913 of this chapter. The application Element(s) required to obtain the li- must include an original PPC(s) from a cense held; COLEM(s) showing that the applicant (2) An expired or unexpired FCC- has passed the necessary examination issued Amateur Extra Class operator Element(s) within the previous 365 days license grant granted before April 15, when the applicant files the applica- 2000: Telegraphy Elements 1 and 2; and

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(3) An FCC-issued Third Class Radio- the license in lieu of the original docu- telegraph Operator’s Certificate that ment. was renewed as a Marine Radio Oper- [58 FR 9124, Feb. 19, 1993, as amended at 63 ator Permit (see § 13.13(b) of this chap- FR 68942, Dec. 14, 1998; 68 FR 46959, Aug. 7, ter) that is unexpired (or within the 2003; 78 FR 23154, Apr. 18, 2013] grace period): Telegraphy Elements 1 and 2. § 13.19 Operator’s responsibility. [78 FR 23153, Apr. 18, 2013] (a) The operator responsible for maintenance of a transmitter may per- § 13.15 License term. mit other persons to adjust that trans- mitter in the operator’s presence for First Class Radiotelegraph Opera- the purpose of carrying out tests or tor’s Certificates, Second Class Radio- making adjustments requiring special- telegraph Operator’s Certificates, and ized knowledge or skill, provided that Third Class Radiotelegraph Operator’s he or she shall not be relieved thereby Certificates are normally valid for a from responsibility for the proper oper- term of five years from the date of ation of the equipment. issuance. All other commercial radio (b) In every case where a station op- operator licenses are normally valid erating log or service and maintenance for the lifetime of the holder. log is required, the operator respon- [78 FR 23153, Apr. 18, 2013] sible for the station operation or main- tenance shall make the required en- § 13.17 Replacement license. tries in the station log. If no station (a) Each licensee or permittee whose log is required, the operator respon- original document is lost, mutilated, or sible for service or maintenance duties which may affect the proper operation destroyed may request a replacement. of the station shall sign and date an The application must be accompanied entry in the station maintenance by the required fee and submitted to records giving: the address specified in part 1 of the (1) Pertinent details of all service and rules. maintenance work performed by the (b) Each application for a replace- operator or conducted under his or her ment General Radiotelephone Operator supervision; License, Marine Radio Operator Per- (2) His or her name and address; and mit, First Class Radiotelegraph Opera- (3) The class, serial number, and expi- tor’s Certificate, Second Class Radio- ration date (if applicable) of the license telegraph Operator’s Certificate, Third when the FCC has issued the operator a Class Radiotelegraph Operator’s Cer- license; or the PPC serial number(s) tificate, Radiotelegraph Operator Cer- and date(s) of issue when the operator tificate, GMDSS Radio Operator’s Li- is awaiting FCC action on an applica- cense, Restricted GMDSS Radio Opera- tion. tor’s License, GMDSS Radio Maintain- (c) When the operator is on duty and er’s License, or GMDSS Radio Oper- in charge of transmitting systems, or ator/Maintainer License must be made performing service, maintenance or in- on FCC Form 605 and must include a spection functions, the license or per- written explanation as to the cir- mit document, or a photocopy thereof, cumstances involved in the loss, muti- or a copy of the application and PPC(s) lation, or destruction of the original received by the FCC, must be posted or document. in the operator’s personal possession, (c) Each application for a replace- and available for inspection upon re- ment Restricted Radiotelephone Oper- quest by a FCC representative. ator Permit or Restricted Radio- (d) The operator on duty and in telephone Operator Permit-Limited charge of transmitting systems, or per- Use must be on FCC Form 605. forming service, maintenance or in- (d) A licensee who has made applica- spection functions, shall not be subject tion for a replacement license may ex- to the requirements of paragraph (b) of hibit a copy of the application sub- this section at a station, or stations of mitted to the FCC or a photocopy of one licensee at a single location, at

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which the operator is regularly em- (7) Ship Radar Endorsement: Written ployed and at which his or her license, Element 8. or a photocopy, is posted. [58 FR 9124, Feb. 19, 1993, as amended at 59 [58 FR 9124, Feb. 19, 1993, as amended at 60 FR 3795, Jan. 27, 1994; 68 FR 46959, Aug. 7, FR 27700, May 25, 1995; 78 FR 23154, Apr. 18, 2003; 78 FR 23154, Apr. 18, 2013] 2013] § 13.203 Examination elements. EXAMINATION SYSTEM (a) A written examination (written Element) must prove that the exam- § 13.201 Qualifying for a commercial operator license or endorsement. inee possesses the operational and technical qualifications to perform the (a) To be qualified to hold any com- duties required by a person holding mercial radio operator license, an ap- that class of commercial radio oper- plicant must have a satisfactory ator license. For each Element, the knowledge of FCC rules and must have Commission shall establish through the ability to send correctly and re- public notices or other appropriate ceive correctly spoken messages in the means the number of questions to be English language. included in the question pool, the num- (b) An applicant must pass an exam- ber of questions to be included in the ination for the issuance of a new com- examination, and the number of ques- mercial radio operator license, other tions that must be answered correctly than the Restricted Radiotelephone to pass the examination. Each written Operator Permit and the Restricted examination must consist of questions Radiotelephone Operator Permit-Lim- relating to the pertinent subject mat- ited Use, and for each change in oper- ter, as follows: ator class. An applicant must pass an (1) Element 1: Basic radio law and op- examination for the issuance of a new erating practice with which every mar- Ship Radar Endorsement. Each appli- itime radio operator should be famil- cation for the class of license or en- iar. Questions concerning provisions of dorsement specified below must pass, laws, treaties, regulations, and oper- or otherwise receive credit for, the cor- ating procedures and practices gen- responding examination elements: erally followed or required in commu- (1) Radiotelegraph Operator License. nicating by means of radiotelephone (i) Telegraphy Elements 1 and 2; stations. (ii) Written Elements 1 and 6. (2) Element 3: General radio- (2) General Radiotelephone Operator telephone. Questions concerning elec- License: Written Elements 1 and 3. tronic fundamentals and techniques re- (3) Marine Radio Operator Permit: quired to adjust, repair, and maintain Written Element 1. radio and receivers at sta- (4) GMDSS Radio Operator’s License: tions licensed by the FCC in the avia- Written Elements 1 and 7, or a Proof of tion and maritime radio services. Passing Certificate (PPC) issued by the (3) Element 6: Advanced radio- United States Coast Guard or its des- telegraph. Questions concerning tech- ignee representing a certificate of com- nical, legal and other matters applica- petency from a Coast Guard-approved ble to the operation of all classes of ra- training course for a GMDSS endorse- diotelegraph stations, including oper- ment. ating procedures and practices in the (5) Restricted GMDSS Radio Oper- maritime mobile services of public cor- ator License: Written Elements 1 and respondence, and associated matters 7R, or a Proof of Passing Certificate such as radio navigational aids, mes- (PPC) issued by the United States sage traffic routing and accounting, Coast Guard or its designee rep- etc. resenting a certificate of competency (4) Element 7: GMDSS radio oper- from a Coast Guard-approved training ating practices. Questions concerning course for a GMDSS endorsement. GMDSS radio operating procedures and (6) GMDSS Radio Maintainer’s Li- practices sufficient to show detailed cense: Written Elements 1, 3, and 9. practical knowledge of the operation of

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all GMDSS sub-systems and equip- tions concerning the requirements set ment; ability to send and receive cor- forth in IMO Assembly on Training for rectly by radiotelephone and narrow- Radio Personnel (GMDSS), Annex 5 and band direct-printing telegraphy; de- IMO Assembly on Radio Maintenance tailed knowledge of the regulations ap- Guidelines for the Global Maritime plying to radio communications, Distress and Safety System related to knowledge of the documents relating Sea Areas A3 and A4. to charges for radio communications (b) A telegraphy examination (teleg- and knowledge of those provisions of raphy Elements) must prove that the the International Convention for the examinee has the ability to send cor- Safety of Life at Sea which relate to rectly by hand and to receive correctly radio; sufficient knowledge of English by ear texts in the international Morse to be able to express oneself satisfac- code at not less than the prescribed torily both orally and in writing; speed, using all the letters of the al- knowledge of and ability to perform phabet, numerals 0–9, period, comma, each function listed in § 80.1081 of this question mark, slant mark, and chapter; and knowledge covering the prosigns AR, BT, and SK. requirements set forth in IMO Assem- (1) Telegraphy Element 1: 16 code bly Resolution on Training for Radio groups per minute. Personnel (GMDSS), Annex 3. (2) Telegraphy Element 2: 20 words (5) Element 7R: Restricted GMDSS per minute. radio operating practices. Questions [58 FR 9124, Feb. 19, 1993, as amended at 69 concerning those GMDSS radio oper- FR 64671, Nov. 8, 2004; 73 FR 4479, Jan. 25, ating procedures and practices that are 2008; 78 FR 23154, Apr. 18, 2013] applicable to ship stations on vessels that sail exclusively in sea area A1, as § 13.207 Preparing an examination. defined in § 80.1069 of this chapter, suffi- (a) Each telegraphy message and cient to show detailed practical knowl- each written question set administered edge of the operation of pertinent to an examinee for a commercial radio GMDSS sub-systems and equipment; operator license must be provided by a ability to send and receive correctly by COLEM. radio telephone and narrow-band di- (b) Each question set administered to rect-printing telegraphy; detailed an examinee must utilize questions knowledge of the regulations governing taken from the applicable Element radio communications within sea area question pool. The COLEM may obtain A1, knowledge of the pertinent docu- the written question sets from a sup- ments relating to charges for radio plier or other COLEM. communications and knowledge of the (c) A telegraphy examination must pertinent provisions of the Inter- consist of a plain language text or code national Convention for the Safety of group message sent in the inter- Life at Sea; sufficient knowledge of national Morse code at no less than the English to be able to express oneself prescribed speed for a minimum of five satisfactorily both orally and in writ- minutes. The message must contain ing; knowledge of and ability to per- each required telegraphy character at form each pertinent function listed in least once. No message known to the § 80.1081 of this chapter; and knowledge examinee may be administered in a te- covering the pertinent requirements legraphy examination. Each five let- set forth in IMO Assembly Resolution ters of the alphabet must be counted as on Training for Radio Personnel one word or one code group. Each nu- (GMDSS), Annex 3. meral, punctuation mark, and prosign (6) Element 8: Ship radar techniques. must be counted as two letters of the Questions concerning specialized the- alphabet. The COLEM may obtain the ory and practice applicable to the prop- telegraphy message from a supplier or er installation, servicing and mainte- other COLEM. nance of ship radar equipment in gen- eral use for marine navigational pur- § 13.209 Examination procedures. poses. (a) Each examination for a commer- (7) Element 9: GMDSS radio mainte- cial radio operator license must be ad- nance practices and procedures. Ques- ministered at a location and a time

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specified by the COLEM. The COLEM is operator license in accordance with responsible for the proper conduct and procedures established by the COLEM. necessary supervision of each examina- (h) The COLEM must accommodate tion. The COLEM must immediately an examinee whose physical disabil- terminate the examination upon fail- ities require a special examination pro- ure of the examinee to comply with its cedure. The COLEM may require a phy- instructions. sician’s certification indicating the na- (b) Each examinee, when taking an ture of the disability before deter- examination for a commercial radio mining which, if any, special proce- operator license, shall comply with the dures are appropriate to use. In the instructions of the COLEM. case of a blind examinee, the examina- (c) No examination that has been tion questions may be read aloud and compromised shall be administered to the examinee may answer orally. A any examinee. Neither the same teleg- blind examinee wishing to use this pro- raphy message nor the same question cedure must make arrangements with set may be re-administered to the same the COLEM prior to the date the exam- examinee. ination is desired. (d) Passing a telegraphy examina- (i) The FCC may: tion. Passing a telegraphy receiving ex- (1) Administer any examination ele- amination is adequate proof of an ment itself. examinee’s ability to both send and re- (2) Readminister any examination ceive telegraphy. The COLEM, how- element previously administered by a ever, may also include a sending seg- COLEM, either itself or by designating ment in a telegraphy examination. another COLEM to readminister the (1) To pass a receiving telegraphy ex- examination element. amination, an examinee is required to (3) Cancel the commercial operator receive correctly the message by ear, license(s) of any licensee who fails to for a period of 1 minute without error appear for re-administration of an ex- at the rate of speed specified in amination when directed by the FCC, § 13.203(b). or who fails any required element that (2) To pass a sending telegraphy ex- is re-administered. In case of such can- amination, an examinee is required to cellation, the person will be issued an send correctly for a period of one operator license consistent with com- minute at the rate of speed specified in pleted examination elements that have § 13.203(b). not been invalidated by not appearing (e) The COLEM is responsible for de- for, or by failing, the examination upon termining the correctness of he re-administration. examinee’s answers. When the exam- [58 FR 9124, Feb. 19, 1993, as amended at 78 inee does not score a passing grade on FR 23154, Apr. 18, 2013] an examination element, the COLEM must inform the examinee of the grade. § 13.211 Commercial radio operator li- (f) No applicant who is eligible to cense examination. apply for any commercial radio oper- (a) Each session where an examina- ator license shall, by reason of any tion for a commercial radio operator li- physical disability, be denied the privi- cense is administered must be managed lege of applying and being permitted to by a COLEM or the FCC. attempt to prove his or her qualifica- (b) Each examination for a commer- tions (by examination if examination cial radio operator license must be ad- is required) for such commercial radio ministered as determined by the operator license in accordance with COLEM. procedures established by the COLEM. (c) The COLEM may limit the num- (g) No applicant who is eligible to ber of candidates at any examination. apply for any commercial radio oper- (d) The COLEM may prohibit from ator license shall, by reason of any the examination area items the physical handicap, be denied the privi- COLEM determines could compromise lege of applying and being permitted to the integrity of an examination or dis- attempt to prove his or her qualifica- tract examinees. tions (by examination if examination (e) Within 3 business days of comple- is required) for such commercial radio tion of the examination Element(s),

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