§ 13.9   Eligibility and application for new license or endorsement.

   (a) If found qualified, the following persons are eligible to apply for
   commercial radio operator licenses:

   (1) Any person legally eligible for employment in the United States.

   (2) Any person, for the purpose of operating aircraft radio stations, who
   holds:

   (i) United States pilot certificates; or

   (ii) Foreign aircraft pilot certificates which are valid in the United
   States, if the foreign government involved has entered into a reciprocal
   agreement under which such foreign government does not impose any similar
   requirement  relating to eligibility for employment upon United States
   citizens.

   (3) Any person who holds a FCC radio station license, for the purpose of
   operating that station.

   (4) Notwithstanding any other provisions of the FCC's rules, no person shall
   be eligible to be issued a commercial radio operator license when

   (i) The person's commercial radio operator license is suspended, or

   (ii) The person's commercial radio operator license is the subject of an
   ongoing suspension proceeding, or

   (iii) The person is afflicted with complete deafness or complete muteness or
   complete inability for any other reason to transmit correctly and to receive
   correctly by telephone spoken messages in English.

   (b) Each application for a new General Radiotelephone Operator License,
   Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar
   Endorsement, Six Months Service Endorsement, GMDSS Radio Operator's License,
   Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License,
   GMDSS Radio Operator/Maintainer License, Restricted Radiotelephone Operator
   Permit, or Restricted Radiotelephone Operator Permit-Limited Use must be
   filed on FCC Form 605 in accordance with § 1.913 of this chapter.

   (c) Each application for a new General Radiotelephone Operator License,
   Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar
   Endorsement,  GMDSS  Radio  Operator's License, Restricted GMDSS Radio
   Operator's  License,  GMDSS Radio Maintainer's License, or GMDSS Radio
   Operator/Maintainer License must be accompanied by the required fee, if any,
   and submitted in accordance with § 1.913 of this chapter. The application
   must include an original PPC(s) from a COLEM(s) showing that the applicant
   has passed the necessary examination Element(s) within the previous 365 days
   when the applicant files the application. If a COLEM files the application
   on behalf of the applicant, an original PPC(s) is not required. However, the
   COLEM must keep the PPC(s) on file for a period of 1 year. When acting on
   behalf of qualified examinees, the COLEM must forward all required data to
   the FCC electronically.

   (d)  An  applicant  will be given credit for an examination element as
   specified below:

   (1) An unexpired (or within the grace period) FCC-issued commercial radio
   operator license: Except as noted in paragraph (d)(3) of this section, the
   written examination and telegraphy Element(s) required to obtain the license
   held;

   (2) An expired or unexpired FCC-issued Amateur Extra Class operator license
   grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and

   (3) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was
   renewed as a Marine Radio Operator Permit (see § 13.13(b) of this chapter)
   that is unexpired (or within the grace period): Telegraphy Elements 1 and 2.

   (e) 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.

   (f)  Each application for a new six months service endorsement must be
   submitted in accordance with § 1.913 of this chapter. 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 Class Radiotelegraph Operator's
   Certificate,  Second  Class  Radiotelegraph Operator's Certificate, or
   Radiotelegraph Operator License 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.

   (g)  No  person  shall  alter,  duplicate  for fraudulent purposes, or
   fraudulently obtain or attempt to obtain an operator license. No person
   shall use a license issued to another or a license that he or she knows to
   be altered, duplicated for fraudulent purposes, or fraudulently obtained. No
   person shall obtain or attempt to obtain, or assist another person to obtain
   or attempt to obtain, an operator license by fraudulent means.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  59 FR 3795 , Jan. 27, 1994;  60 FR 27699 , May 25, 1995;  63 FR 68942 , Dec. 14, 1998;  66 FR 20752 , Apr. 25, 2001;
    68 FR 46958 , Aug. 7, 2003;  78 FR 23152 , Apr. 18, 2013]

   return arrow Back to Top