Temporary Operating Authority for Commercial Radio Operator Applicants

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 13

[PR Docket No. 94-58; FCC 94-169]

Temporary Operating Authority for Commercial Radio Operator

Applicants

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: This action proposes to authorize persons who have passed the

required examinations and applied for commercial radio operator

licenses to perform the functions of a commercial radio operator on a

temporary and conditional basis while awaiting their licenses. The

proposed rules are necessary so that persons who need their licenses

immediately as a condition of employment can begin work.

DATES: Comments are due on or before September 1, 1994. Reply comments

are due on or before October 1, 1994.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

William T. Cross, Federal Communications Commission, Private Radio

Bureau, Washington, D.C. 20544, (202) 632-4964.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rule Making, adopted June 13, 1994, and released July 6,

1994. The complete text of this Commission action, including the

proposed rule amendments, is available for inspection and copying

during normal business hours in the FCC Reference Center (Room 230),

1919 M Street, N.W., Washington, D.C. The complete text of this Notice

of Proposed Rule Making, including the proposed rule amendments, may

also be purchased from the Commission's copy contractor, International

Transcription Services, Inc., (ITS, Inc), 2100 M Street N.W., Suite

140, Washington, D.C. 20037.

Summary of Notice of Proposed Rule Making

1. A commercial radio operator license is required to be held by a

person who operates stations in a number of radio services. To qualify

for certain of these licenses, an applicant must pass an examination(s)

that is administered by one of the nine Commission-certified Commercial

Operator License Examination (COLE) Managers. Within 10 days of

completion of an examination element(s), the COLE Manager must issued a

Proof-of-Passing Certificate (PPC) to an examinee who scores a passing

grade on an examination element. When the examinee is credited for all

examination elements required for the commercial operator license

sought, the examinee applies to the Commission for the license. The

Commission then processes the application and, if the applicant is

fully qualified, grants the license. Total processing time may be as

much as eight weeks.

2. We are dedicated to providing better and friendlier service to

our customers. One significant way we can further this goal is by

permitting applicants who have passed the qualifying examinations and

applied for a commercial radio operator license to perform the

functions of a commercial radio operator prior to receiving the

Commission license. This would be a significant benefit to persons who

must have the license as a condition of employment by allowing them to

start work immediately. Providing for such temporary conditional

operating authority would product a secondary benefit by likely

applicants receiving their Commission-issued licenses sooner because

there would be a reduction in the number of inquiries to the processing

staff regarding the status of pending applications. Answering such

inquires diverts resources from the primary task of processing license

applications.

3. We propose to amend Secs. 13.9 and 13.13 of the Commission's

Rules to provide temporary conditional operating authority to

successful examinee upon properly filing an application with the

Commission. This proposed temporary operating authority, however, would

not apply to any person who has previously had a commercial radio

operator license revoked, suspended, or is the subject of an ongoing

suspension proceeding. In addition, the proposed rules provide that the

Commission, in its discretion, may cancel the temporary conditional

operating authority without a hearing, if the need for such action

arises.

4. For purposes of making log entries, the Commission proposed that

a commercial radio operator exercising temporary conditional operating

authority would enter the PPC serial number and date of issue in place

of the FCC-issued license serial number and expiration date. Possession

of the PPC document would activate the operating authority of proposed

Sec. 13.9(d) and Sec. 13.13(d) and would thereby serve in the stead of

the license temporarily and conditionally. This procedure would be

verifiable and simple to implement.

5. The proposed rules are set forth at the end of this document.

6. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as specified in the

Commission's Rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).

7. In accordance with Section 605(b) of the Regulatory Flexibility

Act of 1980, 5 U.S.C. 605(b), the Commission provides the following:

Initial Regulatory Flexibility Analysis

Reasons for Action

Objectives: This rule making proceeding is initiated to obtain

comments concerning proposed rule changes to Part 13 of the Rules to

permit a person who has passed the examinations necessary to qualify

for a commercial radio operator license, but who has not yet received

the license, to temporarily and conditionally perform the functions of

a commercial radio operator.

Legal Basis: The proposed action is authorized under Sections 4(i),

303(b), 303(g), and 303(r) of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 303 (b), (g), and (r).

Reporting, Recordkeeping and Other Compliance Requirements: None.

Federal Rules Which Overlap, Duplicate or Conflict With These

Rules: None.

Description, Potential Impact, and Number of Small Entities

Involved: Any rule changes adopted as a result of this proceeding may

affect various small entities that require an individual to hold a

commercial radio operator license as a condition of employment.

Potentially, small entities could hire commercial radio operator

licensees sooner than under present licensing procedures.

Any Significant Alternatives Minimizing the Impact on Small

Entities Consistent With the Stated Objectives: The Notice solicits

comments dealing with and addressing the proposed action, and the

Secretary shall send a copy of this Notice of Proposed Rule Making,

including the certification, to the Chief Counsel for Advocacy of the

Small Business Administration in accordance with paragraph 605(b) of

the Regulatory Flexibility Act, Public Law 96-354, 94 Stat. 1164, 5

U.S.C. 601-612 (1981).

8. This Notice of Proposed Rule Making and the proposed rule

amendments are issued under the authority of Sections 4(i) and 303(r)

of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and

303(r).

9. A copy of this Notice of Proposed Rule Making will be forwarded

to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 13

Operator licensing, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Part 13 of Chapter I of Title 47 of the Code of Federal Regulations

is proposed to be amended as follows:

PART 13--COMMERCIAL RADIO OPERATORS

1. The authority citation for part 13 would continue to read as

follows:

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

U.S.C. 154, 303.

2. Section 13.9 is amended by redesignating paragraphs (d) and (e)

as paragraphs (e) and (f) respectively, and adding a new paragraph (d)

to read as follows:

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

* * * * *

(d) 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 who has properly filed with the FCC an

application for a commercial radio operator license 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 is filed. This authority is valid for a period of 90

days from the date the application is filed. The FCC, in its

discretion, may cancel this temporary conditional operating authority

without a hearing.

* * * * *

3. Section 13.13 is amended by redesignating paragraphs (d) and (e)

as paragraphs (e) and (f) respectively, and adding a new paragraph (d)

to read as follows:

Sec. 13.13 Application for a renewed or modified license.

* * * * *

(d) 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 holding a 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, GMDSS Radio Operator's License, or GMDSS Radio

Maintainer's License, who has properly filed with the FCC an

application for another commercial radio operator license 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 license for

which the application is filed. This authority is valid for a period of

90 days from the date the application is filed. The FCC, in its

discretion, may cancel this temporary conditional operating authority

without a hearing.

* * * * *

4. Section 13.19 is amended by revising paragraphs (b)(3) and (c)

to read as follows:

Sec. 13.19 Operator's responsibility.

* * * * *

(b) * * *

(3) The class, serial number and expiration date of the license

when the FCC has issued the operator a license, or the PPC serial

number(s) and date(s) of issue when the operator is awaiting FCC action

on an application:

(c) When the operator is on duty and in charge of transmitting

systems, or performing service, maintenance or inspection functions,

the license or permit document, or a photocopy thereof, or a copy of

the application and PPC(s) properly filed with the FCC, must be posted

or in the operator's personal possession, and available for inspection

upon request by a FCC representative.

* * * * *

[FR Doc. 94-18116 Filed 7-26-94; 8:45 am]

BILLING CODE 6712-01-M