Commercial Operator License Examinations

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 13

[DA 94-3]

Commercial Operator License Examinations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This order clarifies that the Commission rather than COLE

managers will grant examination credit when appropriate and that

applicants who desire examination credit must submit documentation

supporting their request. This action was needed to clarify the rules.

It will eliminate procedures that are unnecessary and duplicative of

functions performed by the Commission license processing staff.

EFFECTIVE DATE: February 24, 1994.

FOR FURTHER INFORMATION CONTACT: William Cross, Federal Communications

Commission, Washington, DC 20554 (202) 632-4964.

SUPPLEMENTARY INFORMATION:

Order

Adopted: January 3, 1994.

Released: January 11, 1994.

By the Chief, Private Radio Bureau:

1. Section 13.205 of the Commission's Rules, 47 CFR 13.205,

currently provides that a commercial operator license examination

(COLE) manager must give examination credit to an examinee holding

certain documents.\1\ This procedure is unnecessary and duplicative of

a function performed by the Commission license processing staff. We are

amending Sec. 13.205, therefore, to clarify that the Commission rather

than the COLE manager will grant examination credit when appropriate,

and Secs. 13.9(c) and 13.13(c) of the Commission's Rules, 47 CFR

13.9(c) and 13.13(c), to clarify that applicants who desire examination

credit must submit documentation supporting their request.

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\1\These documents are an unexpired (or within the grace period)

FCC-issued commercial radio operator license, an FCC-issued Amateur

Extra Class operator license, and a Proof of Passing Certificate

issued within the past 365 days. The purpose of granting examination

element credit is to recognize that an examinee previously has

passed an examination that covers the same material and, therefore,

does not need to demonstrate again his or her knowledge of this

material.

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2. We also are moving the showing required of an applicant to

qualify for a radiotelegraph Six Months Service Endorsement from

Sec. 13.201(c) of the Commission's Rules, 47 CFR 13.201(c), to

Sec. 13.9(d) of the Commission's Rules, 47 CFR 13.9(d). This change is

intended to clarify that qualification for the Six Month Service

Endorsement is determined directly by the Commission rather than the

COLE Manager.

3. Because the rule amendments adopted herein are nonsubstantive in

nature, the notice and comment provisions of section 553 of the

Administrative Procedure Act, 5 U.S.C. 553, therefore, need not be

complied with. Authority for this action is contained in

Sec. 0.331(a)(1) of the Commission's Rules, 47 CFR 0.331(a)(1).

4. Accordingly, part 13 is amended, effective February 24, 1994, as

set forth below.

List of Subjects in 47 CFR Part 13

Radio.

Federal Communications Commission.

Ralph A. Haller,

Chief, Private Radio Bureau.

Rule Changes

Part 13 of chapter I of title 47 of the Code of Federal Regulations

is amended as follows:

PART 13--COMMERCIAL RADIO OPERATORS

1. The authority citation for part 13 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47

U.S.C. 154, 303.

2. Sections 13.9 (c) and (d) are revised to read as follows:

Sec. 13.9 Eligibility and application for new license or endorsement.

* * * * *

(c) Each application for a new General Radiotelephone Operator

License, Marine Radio Operator Permit, First Class Radiotelegraph

Operator's Certificate, Second Class Radiotelegraph Operator's

Certificate, Third Class Radiotelegraph Operator's Certificate, Ship

Radar Endorsement, GMDSS Radio Operator's License or GMDSS Radio

Maintainer's License must be accompanied by the required fee, if any,

and submitted to the address specified in part 1 of the rules. The

application must include:

(1) An original PPC(s) from a COLEM(s) showing that the applicant

has passed the necessary examination element(s) within the previous 365

days, and

(2) A copy of the applicable license(s) when the applicant claims

credit for an examination element. The FCC will give credit only as

specified below to an applicant holding any of the following documents:

(i) An unexpired (or within the grace period) FCC-issued commercial

radio operator license: The written examination and telegraphy

Element(s) required to obtain the license held.

(ii) An unexpired (or within the grace period) FCC-issued Amateur

Extra Class operator license: Telegraphy Elements 1 and 2.

(d) Each application for a new Six Months Service Endorsement must

be submitted to the address specified in Part 1 of the rules. The

application must include documentation showing that:

(1) The applicant was employed as a radio operator on board a ship

or ships of the United States for a period totaling at least six

months;

(2) The ships were equipped with a radio station complying with the

provisions of part II of title III of the Communications Act, or the

ships were owned and operated by the U.S. Government and equipped with

radio stations;

(3) The ships were in service during the applicable six month

period and no portion of any single in-port period included in the

qualifying six months period exceeded seven days;

(4) The applicant held a FCC-issued First or Second Class

Radiotelegraph Operator's Certificate during this entire six month

qualifying period; and

(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.

* * * * *

3. Section 13.13(c) is revised to read as follows:

Sec. 13.13 Application for a renewed or modified license.

* * * * *

(c) Each application involving a change in operator class must be

made on FCC Form 756. Each application for a commercial operator

license involving a change in operator class must be accompanied by the

required fee, if any, and submitted to the address specified in part 1

of the rules. The application must include:

(1) An original PPC(s) from a COLEM(s) showing that the applicant

has passed the necessary examination element(s) within the previous 365

days, and

(2) A copy of the applicable license(s) when the applicant claims

credit for an examination element. The FCC will give credit only as

specified below to an applicant holding any of the following documents:

(i) An unexpired (or within the grace period) FCC-issued commercial

radio operator license: the written examination and telegraphy

Element(s) required to obtain the license held.

(ii) An unexpired (or within the grace period) FCC-issued Amateur

Extra Class operator license: Telegraphy Elements 1 and 2.

* * * * *

Sec. 13.201 [Amended]

4. Section 13.201(c) is removed.

Sec. 13.205 [Removed]

5. Section 13.205 is removed.

[FR Doc. 94-1699 Filed 1-26-94; 8:45 am]

BILLING CODE 6712-01-M