[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18116]
[[Page Unknown]]
[Federal Register: July 27, 1994]
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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
