[Title 47 CFR 13]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 13 - COMMERCIAL RADIO OPERATORS]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falseCOMMERCIAL RADIO OPERATORS13PART 13TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERAL
PART 13_COMMERCIAL RADIO OPERATORS--Table of Contents




                                 General

Sec.
13.1 Basis and purpose.
13.3 Definitions.
13.5 Licensed commercial radio operator required.
13.7 Classification of operator licenses and endorsements.
13.8 Authority conveyed.
13.9 Eligibility and application for new license or endorsement.
13.10 Licensee address.
13.11 Holding more than one commercial radio operator license.
13.13 Application for a renewed or modified license.
13.15 License term.
13.17 Replacement license.
13.19 Operator's responsibility.

                           Examination System

13.201 Qualifying for a commercial operator license or endorsement.
13.203 Examination elements.
13.207 Preparing an examination.
13.209 Examination procedures.
13.211 Commercial radio operator license examination.
13.213 COLEM qualifications.
13.215 Question pools.
13.217 Records.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 
154, 303.

    Source: 58 FR 9124, Feb. 19, 1993, unless otherwise noted.

                                 General



Sec. 13.1  Basis and purpose.

    (a) Basis. The basis for the rules contained in this part is the 
Communications Act of 1934, as amended, and applicable treaties and 
agreements to which the United States is a party.
    (b) Purpose. The purpose of the rules in this part is to prescribe 
the manner and conditions under which commercial radio operators are 
licensed by the Commission.



Sec. 13.3  Definitions.

    The definitions of terms used in part 13 are:
    (a) COLEM. Commercial operator license examination manager.
    (b) Commercial radio operator. A person holding a license or 
licenses specified in Sec. 13.7(b).
    (c) GMDSS. Global Maritime Distress and Safety System.
    (d) FCC. Federal Communications Commission.
    (e) International Morse Code. A dot-dash code as defined in 
International Telegraph and Telephone Consultative Committee (CCITT) 
Recommendation F.1 (1984), Division B, I. Morse code.
    (f) ITU. International Telecommunication Union.
    (g) PPC. Proof-of-Passing Certificate.
    (h) Question pool. All current examination questions for a 
designated written examination element.
    (i) Question set. A series of examination questions on a given 
examination selected from the current question pool.
    (j) Radio Regulations. The latest ITU Radio Regulations to which the 
United States is a party.



Sec. 13.5  Licensed commercial radio operator required.

    Rules that require FCC station licensees to have certain transmitter 
operation, maintenance, and repair duties performed by a commercial 
radio operator are contained in parts 23, 80, and 87 of this chapter.

[63 FR 68942, Dec. 14, 1998]



Sec. 13.7  Classification of operator licenses and endorsements.

    (a) Commercial radio operator licenses issued by the FCC are 
classified in accordance with the Radio Regulations of the ITU.
    (b) There are ten types of commercial radio operator licenses, 
certificates and permits (licenses). The license's ITU classification, 
if different from its name, is given in parentheses.
    (1) First Class Radiotelegraph Operator's Certificate.
    (2) Second Class Radiotelegraph Operator's Certificate.
    (3) Third Class Radiotelegraph Operator's Certificate 
(radiotelegraph operator's special certificate).
    (4) General Radiotelephone Operator License (radiotelephone 
operator's general certificate).
    (5) Marine Radio Operator Permit (radiotelephone operator's 
restricted certificate).

[[Page 742]]

    (6) Restricted Radiotelephone Operator Permit (radiotelephone 
operator's restricted certificate).
    (7) Restricted Radiotelephone Operator Permit-Limited Use 
(radiotelephone operator's restricted certificate).
    (8) GMDSS Radio Operator's License (general operator's certificate).
    (9) Restricted GMDSS Radio Operator's License (restricted operator's 
certificate).
    (10) GMDSS Radio Maintainer's License (technical portion of the 
first-class radio electronic certificate).
    (c) There are six license endorsements affixed by the FCC to provide 
special authorizations or restrictions. Endorsements may be affixed to 
the license(s) indicated in parenthesis.
    (1) Ship Radar Endorsement (First and Second Class Radiotelegraph 
Operator's Certificates, General Radiotelephone Operator License, GMDSS 
Radio Maintainer's License).
    (2) Six Months Service Endorsement (First and Second Class 
Radiotelegraph Operator's License).
    (3) Restrictive endorsements relating to physical handicaps, English 
language or literacy waivers, or other matters (all licenses).
    (4) Marine Radio Operator Permits shall bear the following 
endorsement: This permit does not authorize the operation of AM, FM or 
TV broadcast stations.
    (5) General Radiotelephone Operator Licenses issued after December 
31, 1985, shall bear the following endorsement: This license confers 
authority to operate licensed radio stations in the Aviation, Marine and 
International Fixed Public Radio Services only. This authority is 
subject to: any endorsement placed upon this license; FCC orders, rules, 
and regulations; United States statutes; and the provisions of any 
treaties to which the United States is a party. This license does not 
confer any authority to operate broadcast stations. It is not assignable 
or transferable.
    (6)(i) If a person is afflicted with an uncorrected physical 
handicap which would clearly prevent the performance of all or any part 
of the duties of a radio operator, under the license for which 
application is made, at a station under emergency conditions involving 
the safety of life or property, that person still may be issued the 
license if found qualified. Such a license shall bear a restrictive 
endorsement as follows:
    This license is not valid for the performance of any operating 
duties, other than installation, service and maintenance duties, at any 
station licensed by the FCC which is required, directly or indirectly, 
by any treaty, statute or rule or regulation pursuant to statute, to be 
provided for safety purposes.
    (ii) In the case of a license that does not require an examination 
in technical radio matters, the endorsement specified in paragraph 
(c)(6)(i) of this section will be modified by deleting the reference 
therein to installation, service, and maintenance duties.
    (iii) In any case where an applicant who normally would receive or 
has received a commercial radio operator license bearing the endorsement 
prescribed by paragraph (c)(6)(i) of this section, indicates a desire to 
operate a station falling within the prohibited terms of the 
endorsement, the applicant may request in writing that such endorsement 
not be placed upon, or be removed from his or her license, and may 
submit written comments or statements from other parties in support 
thereof.
    (iv) An applicant who shows that he has performed satisfactorily the 
duties of a radio operator at a station required to be provided for 
safety purposes during a period when he or she was afflicted by 
uncorrected physical handicaps of the same kind and to the same degree 
as the physical handicaps shown by his or her current application shall 
not be deemed to be within the provisions of paragraph (c)(6)(i) of this 
section.
    (d) A Restricted Radiotelephone Operator Permit-Limited Use issued 
by the FCC to an aircraft pilot who is not legally eligible for 
employment in the United States is valid only for operating radio 
stations on aircraft.
    (e) A Restricted Radiotelephone Operator Permit-Limited Use issued 
by the FCC to a person under the provision of Section 303(1)(2) of the 
Communications Act of 1934, as amended, is

[[Page 743]]

valid only for the operation of radio stations for which that person is 
the station licensee.

[58 FR 9124, Feb. 19, 1993; 58 FR 12632, Mar. 5, 1993, as amended at 68 
FR 46958, Aug. 7, 2003]



Sec. 13.8  Authority conveyed.

    Licenses, certificates and permits issued under this part convey 
authority for the operating privileges of other licenses, certificates, 
and permits issued under this part as specified below:
    (a) First Class Radiotelegraph Operator's Certificate conveys all of 
the operating authority of the Second Class Radiotelegraph Operator's 
Certificate, the Third Class Radiotelegraph Operator's Certificate, the 
Restricted Radiotelophone Operator Permit, and the Marine Radio Operator 
Permit.
    (b) A Second Class Radiotelegraph Operator's Certificate conveys all 
of the operating authority of the Third Class Radiotelegraph Operator's 
Certificate, the Restricted Radiotelophone Operator Permit, and the 
Marine Radio Operator Permit.
    (c) A Third Class Radiotelegraph Operator's Certificate conveys all 
of the operating authority of the Restricted Radiotelophone Operator 
Permit and the Marine Radio Operator Permit.
    (d) A General Radiotelephone Operator License conveys all of the 
operating authority of the Marine Radio Operator Permit.
    (e) A GMDSS Radio Operator's License conveys all of the operating 
authority of the Marine Radio Operator Permit.
    (f) A GMDSS Radio Maintainer's License conveys all of the operating 
authority of the General Radiotelephone Operator License and the Marine 
Radio Operator Permit.

[64 FR 53240, Oct. 1, 1999]



Sec. 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)(1) 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, Six Months Service Endorsement, GMDSS Radio 
Operator's License, Restricted GMDSS Radio Operator's License, GMDSS 
Radio Maintainer's License and GMDSS Radio Operator/Maintainer License 
must be filed on FCC Form 605 in accordance with Sec. 1.913 of this 
chapter.
    (2) Each application for a Restricted Radiotelephone Operator Permit 
or a Restricted Radiotelephone Operator Permit-Limited Use must be filed 
on FCC Form 605 in accordance with Sec. 1.913 of this chapter.
    (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, Restricted GMDSS 
Radio Operator's License, GMDSS Radio Maintainer's License, or

[[Page 744]]

GMDSS Radio Operator/Maintainer License must be accompanied by the 
required fee, if any, and submitted in accordance with Sec. 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 electronically 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.
    (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: The written examination and telegraphy 
Element(s) required to obtain the license held; and
    (2) An expired or unexpired FCC-issued Amateur Extra Class operator 
license grant granted before April 15, 2000: 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 Sec. 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 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.
    (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]



Sec. 13.10  Licensee address.

    In accordance with Sec. 1.923 of this chapter all applications must 
specify an address where the applicant can receive mail delivery by the 
United States Postal Service except as specified below:
    (a) Applicants for a Restricted Radiotelephone Operator Permit;
    (b) Applicants for a Restricted Radiotelephone Operator Permit--
Limited Use.

[64 FR 53240, Oct. 1, 1999]



Sec. 13.11  Holding more than one commercial radio operator license.

    (a) An eligible person may hold more than one commercial operator 
license except as follows:
    (1) No person may hold two or more unexpired radiotelegraph 
operator's certificates at the same time;
    (2) No person may hold any class of radiotelegraph operator's 
certificate and a Marine Radio Operator Permit;

[[Page 745]]

    (3) No person may hold any class of radiotelegraph operator's 
certificate and a Restricted Radiotelephone Operator Permit.
    (b) Each person who is not legally eligible for employment in the 
United States, and certain other persons who were issued permits prior 
to September 13, 1982, may hold two Restricted Radiotelephone Operator 
Permits simultaneously when each permit authorizes the operation of a 
particular station or class of stations.



Sec. 13.13  Application for a renewed or modified license.

    (a) Each application to renew a First Class Radiotelegraph 
Operator's Certificate, Second Class Radiotelegraph Operator's 
Certificate, Third Class Radiotelegraph Operator's Certificate, Marine 
Radio Operator Permit, GMDSS Radio Operator's License, Restricted GMDSS 
Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS 
Radio Operator/Maintainer License must be made on FCC Form 605. The 
application must be accompanied by the appropriate fee and submitted in 
accordance with Sec. 1.913 of this chapter.
    (b) If a license expires, application for renewal may be made during 
a grace period of five years after the expiration date without having to 
retake the required examinations. The application must be accompanied by 
the required fee and submitted in accordance with Sec. 1.913 of this 
chapter. During the grace period, the expired license is not valid. A 
license renewed during the grace period will be effective as of the date 
of the renewal. Licensees who fail to renew their license within the 
grace period must apply for a new license and take the required 
examination(s).
    (c) Each application involving a change in operator class must be 
filed on FCC Form 605. Each application for a commercial operator 
license involving a change in operator class must be accompanied by the 
required fee, if any, and submitted in accordance with Sec. 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 
examinations element(s) within the previous 365 days when the applicant 
files the application. If a COLEM files the application electronically 
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.
    (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, Restricted GMDSS Radio 
Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio 
Operator/Maintainer 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 temporary conditional operating 
authority is valid for a period of 90 days from the date the application 
is received. This temporary conditional operating authority does not 
relieve the licensee of the obligation to comply with the certification 
requirements of the Standards of Training, Certification and 
Watchkeeping (STCW) Convention. The FCC, in its discretion, may cancel 
this temporary conditional operating authority without a hearing.
    (e) 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: The written examination and telegraphy 
Element(s) required to obtain the license held; and
    (2) An expired or unexpired FCC-issued Amateur Extra Class operator 
license document granted before April 15, 2000: Telegraphy Elements 1 
and 2.

[58 FR 9124, Feb. 19, 1993, as amended at 60 FR 27699, May 25, 1995; 63 
FR 68942, Dec. 14, 1998; 66 FR 20752, Apr. 25, 2001; 68 FR 46959, Aug. 
7, 2003]

[[Page 746]]



Sec. 13.15  License term.

    (a) Commercial radio operator licenses are normally valid for a term 
of five years from the date of issuance, except as provided in paragraph 
(b) of this section.
    (b) General Radiotelephone Operator Licenses, Restricted 
Radiotelephone Operator Permits, and Restricted Radiotelephone Operator 
Permits-Limited Use are normally valid for the lifetime of the holder. 
The terms of all Restricted Radiotelephone Operator Permits issued prior 
to November 15, 1953, and valid on that date, are extended to the 
lifetime of the operator.



Sec. 13.17  Replacement license.

    (a) Each licensee or permittee whose original document is lost, 
mutilated, or destroyed must request a replacement. The application must 
be accompanied by the required fee and submitted to the address 
specified in part 1 of the rules.
    (b) Each application for a replacement 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, Restricted GMDSS Radio 
Operator License, GMDSS Radio Maintainer's License, or GMDSS Radio 
Operator/Maintainer license must be made on FCC Form 605 and must 
include a written explanation as to the circumstances involved in the 
loss, mutilation, or destruction of the original document.
    (c) Each application for a replacement Restricted Radiotelephone 
Operator Permit must be on FCC Form 605.
    (d) Each application for a replacement Restricted Radiotelephone 
Operator Permit-Limited Use must be on FCC Form 605.
    (e) A licensee who has made application for a replacement license 
may exhibit a copy of the application submitted to the FCC or a 
photocopy of the license in lieu of the original document.

[58 FR 9124, Feb. 19, 1993, as amended at 63 FR 68942, Dec. 14, 1998; 68 
FR 46959, Aug. 7, 2003]



Sec. 13.19  Operator's responsibility.

    (a) The operator responsible for maintenance of a transmitter may 
permit other persons to adjust that transmitter in the operator's 
presence for the purpose of carrying out tests or making adjustments 
requiring specialized knowledge or skill, provided that he or she shall 
not be relieved thereby from responsibility for the proper operation of 
the equipment.
    (b) In every case where a station operating log or service and 
maintenance log is required, the operator responsible for the station 
operation or maintenance shall make the required entries in the station 
log. If no station log is required, the operator responsible for service 
or maintenance duties which may affect the proper operation of the 
station shall sign and date an entry in the station maintenance records 
giving:
    (1) Pertinent details of all service and maintenance work performed 
by the operator or conducted under his or her supervision;
    (2) His or her name and address; and
    (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.
    (d) The operator on duty and in charge of transmitting systems, or 
performing service, maintenance or inspection functions, shall not be 
subject to the requirements of paragraph (b) of this section at a 
station, or stations of one licensee at a single location, at which the 
operator is regularly employed and at which his or her license, or a 
photocopy, is posted.

[58 FR 9124, Feb. 19, 1993, as amended at 60 FR 27700, May 25, 1995]

[[Page 747]]

                           Examination System



Sec. 13.201  Qualifying for a commercial operator license or endorsement.

    (a) To be qualified to hold any commercial radio operator license, 
an applicant must have a satisfactory knowledge of FCC rules and must 
have the ability to send correctly and receive correctly spoken messages 
in the English language.
    (b) An applicant must pass an examination for the issuance of a new 
commercial radio operator license, other than the Restricted 
Radiotelephone Operator Permit and the Restricted Radiotelephone 
Operator Permit-Limited Use, and for each change in operator class. An 
applicant must pass an examination for the issuance of a new Ship Radar 
Endorsement. Each application for the class of license or endorsement 
specified below must pass, or otherwise receive credit for, the 
corresponding examination elements:
    (1) First Class Radiotelegraph Operator's Certificate.
    (i) Telegraphy Elements 3 and 4;
    (ii) Written Elements 1, 5, and 6;
    (iii) Applicant must be at least 21 years old;
    (iv) Applicant must have one year of experience in sending and 
receiving public correspondence by radiotelegraph at a public coast 
station, a ship station, or both.
    (2) Second Class Radiotelegraph Operator's Certificate.
    (i) Telegraphy Elements 1 and 2;
    (ii) Written Elements 1, 5, and 6.
    (3) Third Class Radiotelegraph Operator's Certificate.
    (i) Telegraphy Elements 1 and 2;
    (ii) Written Elements 1 and 5.
    (4) General Radiotelephone Operator License: Written Elements 1 and 
3.
    (5) Marine Radio Operator Permit: Written Element 1.
    (6) GMDSS Radio Operator's License: Written Elements 1 and 7, or a 
Proof of Passing Certificate (PPC) issued by the United States Coast 
Guard or its designee representing a certificate of competency from a 
Coast Guard-approved training course for a GMDSS endorsement.
    (7) Restricted GMDSS Radio Operator License: Written Elements 1 and 
7R, or a Proof of Passing Certificate (PPC) issued by the United States 
Coast Guard or its designee representing a certificate of competency 
from a Coast Guard-approved training course for a GMDSS endorsement.
    (8) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9.
    (9) Ship Radar Endorsement: Written Element 8.

[58 FR 9124, Feb. 19, 1993, as amended at 59 FR 3795, Jan. 27, 1994; 68 
FR 46959, Aug. 7, 2003]



Sec. 13.203  Examination elements.

    (a) A written examination (written Element) must prove that the 
examinee possesses the operational and technical qualifications to 
perform the duties required by a person holding that class of commercial 
radio operator license. Each written examination must be comprised of a 
question set as follows:
    (1) Element 1 (formerly Elements 1 and 2): Basic radio law and 
operating practice with which every maritime radio operator should be 
familiar. 24 questions concerning provisions of laws, treaties, 
regulations, and operating procedures and practices generally followed 
or required in communicating by means of radiotelephone stations. The 
minimum passing score is 18 questions answered correctly.
    (2) Element 3: General radiotelephone. 76 questions concerning 
electronic fundamentals and techniques required to adjust, repair, and 
maintain radio transmitters and receivers at stations licensed by the 
FCC in the aviation, maritime, and international fixed public radio 
services. The minimum passing score is 57 questions answered correctly.
    (3) Element 5: Radiotelegraph operating practice. 50 questions 
concerning radio operating procedures and practices generally followed 
or required in communicating by means of radiotelegraph stations 
primarily other than in the maritime mobile services of public 
correspondence. The minimum passing score is 38 questions answered 
correctly.
    (4) Element 6: Advanced radiotelegraph. 100 questions concerning 
technical, legal and other matters applicable to the operation of all 
classes of radiotelegraph stations, including

[[Page 748]]

operating procedures and practices in the maritime mobile services of 
public correspondence, and associated matters such as radio navigational 
aids, message traffic routing and accounting, etc. The minimum passing 
score is 75 questions answered correctly.
    (5) Element 7: GMDSS radio operating practices. 76 questions 
concerning GMDSS radio operating procedures and practices sufficient to 
show detailed practical knowledge of the operation of all GMDSS sub-
systems and equipment; ability to send and receive correctly by radio 
telephone and narrow-band direct-printing telegraphy; detailed knowledge 
of the regulations applying to radio communications, knowledge of the 
documents relating to charges for radio communications and knowledge of 
those provisions of the International Convention for the Safety of Life 
at Sea which relate to radio; sufficient knowledge of English to be able 
to express oneself satisfactorily both orally and in writing; knowledge 
of and ability to perform each function listed in Sec. 80.1081; and 
knowledge covering the requirements set forth in IMO Assembly Resolution 
on Training for Radio Personnel (GMDSS), Annex 3. The minimum passing 
score is 57 questions answered correctly.
    (6) Element 8: Ship radar techniques. 50 questions concerning 
specialized theory and practice applicable to the proper installation, 
servicing and maintenance of ship radar equipment in general use for 
marine navigational purposes. The minimum passing score is 38 questions 
answered correctly.
    (7) Element 9: GMDSS radio maintenance practices and procedures. 50 
questions concerning the requirements set forth in IMO Assembly on 
Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio 
Maintenance Guidelines for the Global Maritime Distress and Safety 
System related to Sea Areas A3 and A4. The minimum passing score is 38 
questions answered correctly.
    (b) A telegraphy examination (telegraphy Elements) must prove that 
the examinee has the ability to send correctly by hand and to receive 
correctly by ear texts in the international Morse code at not less than 
the prescribed speed, using all the letters of the alphabet, numerals 0-
9, period, comma, question mark, slant mark, and prosigns AR, BT, and 
SK.
    (1) Telegraphy Element 1: 16 code groups per minute.
    (2) Telegraphy Element 2: 20 words per minute.
    (3) Telegraphy Element 3: 20 code groups per minute.
    (4) Telegraphy Element 4: 25 words per minute.



Sec. 13.207  Preparing an examination.

    (a) Each telegraphy message and each written question set 
administered to an examinee for a commercial radio operator license must 
be provided by a COLEM.
    (b) Each question set administered to an examinee must utilize 
questions taken from the applicable Element question pool. The COLEM may 
obtain the written question sets from a supplier or other COLEM.
    (c) A telegraphy examination must consist of a plain language text 
or code group message sent in the international Morse code at no less 
than the prescribed speed for a minimum of five minutes. The message 
must contain each required telegraphy character at least once. No 
message known to the examinee may be administered in a telegraphy 
examination. Each five letters of the alphabet must be counted as one 
word or one code group. Each numeral, punctuation mark, and prosign must 
be counted as two letters of the alphabet. The COLEM may obtain the 
telegraphy message from a supplier or other COLEM.



Sec. 13.209  Examination procedures.

    (a) Each examination for a commercial radio operator license must be 
administered at a location and a time specified by the COLEM. The COLEM 
is responsible for the proper conduct and necessary supervision of each 
examination. The COLEM must immediately terminate the examination upon 
failure of the examinee to comply with its instructions.
    (b) Each examinee, when taking an examination for a commercial radio 
operator license, shall comply with the instructions of the COLEM.

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    (c) No examination that has been compromised shall be administered 
to any examinee. Neither the same telegraphy message nor the same 
question set may be re-administered to the same examinee.
    (d) Passing a telegraphy examination.
    (1) To pass a receiving telegraphy examination, an examinee is 
required to receive correctly the message by ear, for a period of 1 
minute without error at the rate of speed specified in Sec. 13.203 for 
the class of license sought.
    (2) To pass a sending telegraphy examination, an examinee is 
required to send correctly for a period of 1 minute at the rate of speed 
prescribed in Sec. 13.203(b) for the class of license sought.
    (e) Passing a telegraphy receiving examination is adequate proof of 
an examinee's ability to both send and receive telegraphy. The COLEM, 
however, may also include a sending segment in a telegraphy examination.
    (f) The COLEM is responsible for determining the correctness of he 
examinee's answers. When the examinee does not score a passing grade on 
an examination element, the COLEM must inform the examinee of the grade.
    (g) When the examinee is credited for all examination elements 
required for the commercial operator license sought, the examinee may 
apply to the FCC for the license.
    (h) No applicant who is eligible to apply for any commercial radio 
operator license shall, by reason of any physical handicap, be denied 
the privilege of applying and being permitted to attempt to prove his or 
her qualifications (by examination if examination is required) for such 
commercial radio operator license in accordance with procedures 
established by the COLEM.
    (i) The COLEM must accommodate an examinee whose physical 
disabilities require a special examination procedure. The COLEM may 
require a physician's certification indicating the nature of the 
disability before determining which, if any, special procedures are 
appropriate to use. In the case of a blind examinee, the examination 
questions may be read aloud and the examinee may answer orally. A blind 
examinee wishing to use this procedure must make arrangements with the 
COLEM prior to the date the examination is desired.
    (j) The FCC may:
    (1) Administer any examination element itself.
    (2) Readminister any examination element previously administered by 
a COLEM, either itself or by designating another COLEM to readminister 
the examination element.
    (3) Cancel the commercial operator license(s) of any licensee who 
fails to appear for re-administration of an examination when directed by 
the FCC, or who fails any required element that is re-administered. In 
case of such cancellation, the person will be issued an operator license 
consistent with completed examination elements that have not been 
invalidated by not appearing for, or by failing, the examination upon 
re-administration.



Sec. 13.211  Commercial radio operator license examination.

    (a) Each session where an examination for a commercial radio 
operator license is administered must be managed by a COLEM or the FCC.
    (b) Each examination for a commercial radio operator license must be 
administered as determined by the COLEM.
    (c) The COLEM may limit the number of candidates at any examination.
    (d) The COLEM may prohibit from the examination area items the COLEM 
determines could compromise the integrity of an examination or distract 
examinees.
    (e) Within 10 days of completion of the examination element(s), the 
COLEM must provide the results of the examination to the examinee and 
the COLEM must issue a PPC to an examinee who scores a passing grade on 
an examination element.
    (f) A PPC is valid for 365 days from the date it is issued.



Sec. 13.213  COLEM qualifications.

    No entity may serve as a COLEM unless it has entered into a written 
agreement with the FCC. In order to be eligible to be a COLEM, the 
entity must:
    (a) Agree to abide by the terms of the agreement;

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    (b) Be capable of serving as a COLEM;
    (c) Agree to coordinate examinations for one or more types of 
commercial radio operator licenses and/or endorsements;
    (d) Agree to assure that, for any examination, every examinee 
eligible under these rules is registered without regard to race, sex, 
religion, national origin or membership (or lack thereof) in any 
organization;
    (e) Agree to make any examination records available to the FCC, upon 
request.
    (f) Agree not to administer an examination to an employee, relative, 
or relative of an employee.



Sec. 13.215  Question pools.

    The question pool for each written examination element will be 
composed of questions acceptable to the FCC. Each question pool must 
contain at least 5 times the number of questions required for a single 
examination. The FCC will issue public announcements detailing the 
questions in the pool for each element. COLEMs must use only the most 
recent question pool made available to the public when preparing a 
question set for a written examination element.



Sec. 13.217  Records.

    Each COLEM recovering fees from examinees must maintain records of 
expenses and revenues, frequency of examinations administered, and 
examination pass rates. Records must cover the period from January 1 to 
December 31 of the preceding year and must be submitted as directed by 
the Commission. Each COLEM must retain records for 1 year and the 
records must be made available to the FCC upon request.