[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Rules and Regulations]
[Pages 27699-27700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12791]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 13
[PR Docket No. 94-58; FCC 95-162]
Temporary Conditional Operating Authority for Commercial Radio
Operator License Applicants
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This action amends the rules for commercial radio operators 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. This amendment was necessary because the rules
currently require that after passing the examinations necessary to
qualify for certain of these licenses, and submitting an application to
the Commission, an applicant must wait for the Commission to process
the application. The intended effect of the final rule is to permit
people who have passed the necessary examinations to commence work
immediately after they receive their Proof-of-Passing Certificates.
EFFECTIVE DATE: July 1, 1995.
FOR FURTHER INFORMATION CONTACT: William T. Cross, Federal
Communications Commission, Wireless Telecommunications Bureau, Private
Wireless Division, Washington, D.C. 20554, (202) 418-0680.
SUPPLEMENTARY INFORMATION: A summary of the Commission's Report and
Order, adopted April 17, 1995, and released April 27, 1995, is provided
above. The complete text of this action is available for inspection and
copying during normal business hours at the FCC, room 239, 1919 M
Street, NW, Washington, DC. The complete text of this action, including
the rule amendments, may also be purchased from the Commission's copy
contractor, ITS, Inc., (202) 857-3800, 2100 M Street, NW, suite 140,
Washington, DC 20037.
1. The final rules are set forth at the end of this document.
2. The rules contained herein have been analyzed with respect to
the paperwork Reduction Act of 1980, 44 U.S.C. section 3501 et seq.,
and found to contain no new or modified form, information collection
and/or record keeping, labeling, disclosure, or record retention
requirements and will not increase or decrease burden hours imposed on
the public.
3. In accordance with section 605(b) of the Regulatory Flexibility
Act of 1980, 5 USC section 605(b), the Commission provides the
following Final Regulatory Flexibility Analysis.
Need and purpose of this action. This rule making proceeding was
needed to obtain comments regarding our proposal 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 purpose of this action is to permit persons who must have
the license as a condition of employment to start work immediately. A
likely secondary benefit is applicants will receive their Commission-
issued licenses sooner due to a reduction in the number of inquiries to
the processing staff regarding the status of pending applications.
Summary of issues raised by the public comments in response to the
Initial Regulatory Flexibility Analysis. The commentor agrees that the
potential impact of these rule changes is to improve the efficiency in
licensing commercial radio operators, thereby making it easier for
persons to become licensed commercial radio operators. No other
comments were received.
Significant alternatives considered and rejected. Alternatives
include the Commission continuing to require persons wait until they
receive a Commission-issued license document before they can perform
the functions of a commercial radio operator. The proposed alternative
is adopted to minimize the impact on persons who require this document
as a condition of employment. The Secretary shall send a copy of this
Report and Order 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. Pub. L. 96-354, 94
Stat. 1164, 5 U.S.C. section 601-612 (1981).
4. A copy of this Report and Order will be forwarded to the Chief
Counsel for Advocacy of the Small Business Administration.
5. This Report and Order is issued under the authority of sections
4(f)(4)(A), (B), and (J), 4(i), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. section 154(f)(4)(A), (B),and (J), 154(i),
and 303(r).
List of Subjects in 47 CFR Part 13
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
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. 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 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.
* * * * *
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, [[Page 27700]] 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 an application for another commercial
radio operator license which has not yet been acted upon pending at the
FCC 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 received. The FCC, in its discretion,
may cancel this temporary conditional operating authority without a
hearing.
* * * * *
4. In Sec. 13.19, paragraphs (b)(3) and (c) are revised 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) received by the FCC, must be posted or in
the operator's personal possession, and available for inspection upon
request by a FCC representative.
* * * * *
[FR Doc. 95-12791 Filed 5-24-95; 8:45 am]
BILLING CODE 6712-01-F
