[Title 47 CFR 3]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 3 - AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falseAUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME3PART 3TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERAL
PART 3_AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME 
AND MARITIME MOBILE-SATELLITE RADIO SERVICES--Table of Contents




                                 General

Sec.
3.1 Scope, basis, purpose.
3.2 Terms and definitions.

                               Eligibility

3.10 Basic qualifications.
3.11 Location of settlement operation.

                         Application Procedures

3.20 Application form.
3.21 Order of consideration.
3.22 Number of accounting authority identification codes per applicant.
3.23 Legal applicant.
3.24 Evidence of financial responsibility.
3.25 Number of copies.
3.26 Where application is to be mailed.
3.27 Amended application.
3.28 Denial of privilege.
3.29 Notifications.

                          Settlement Operations

3.40 Operational requirements.
3.41 Amount of time allowed before initial settlements.
3.42 Location of processing facility.
3.43 Applicable rules and regulations.
3.44 Time to achieve settlements.
3.45 Amount of charges.
3.46 Use of gold francs.
3.47 Use of SDRs.
3.48 Cooperation with the Commission.
3.49 Agreement to be audited.
3.50 Retention of settlement records.
3.51 Cessation of operations.
3.52 Complaint/inquiry resolution procedures.
3.53 FCC notification of refusal to provide telecommunications service 
          to U.S. registered vessel(s).
3.54 Notification of change in address.

                         Reporting Requirements

3.60 Reports.
3.61 Reporting address.

[[Page 689]]

3.62 Request for confidentiality.

                               Enforcement

3.70 Investigations.
3.71 Warnings.
3.72 Grounds for further enforcement action.
3.73 Waiting period after cancellation.
3.74 Ship stations affected by suspension, cancellation or 
          relinquishment.
3.75 Licensee's failure to make timely payment.
3.76 Licensee's liability for payment.

    Authority: 47 U.S.C. 154(i), 154(j) and 303(r).

    Source: 61 FR 20165, May 6, 1996, unless otherwise noted.

                                 General



Sec. 3.1  Scope, basis, purpose.

    By these rules the Federal Communications Commission (FCC) is 
delineating its responsibilities in certifying and monitoring accounting 
authorities in the maritime mobile and maritime mobile-satellite radio 
services. These entities settle accounts for public correspondence due 
to foreign administrations for messages transmitted at sea by or between 
maritime mobile stations located on board ships subject to U.S. registry 
and utilizing foreign coast and coast earth station facilities. These 
rules are intended to ensure that settlements of accounts for U.S. 
licensed ship radio stations are conducted in accordance with the 
International Telecommunication Regulations (ITR), taking into account 
the applicable ITU-T Recommendations.



Sec. 3.2  Terms and definitions.

    (a) Accounting Authority. The Administration of the country that has 
issued the license for a mobile station or the recognized operating 
agency or other entity/entities designated by the Administration in 
accordance with ITR, Appendix 2 and ITU-T Recommendation D.90 to whom 
maritime accounts in respect of mobile stations licensed by that country 
may be sent.
    (b) Accounting Authority Certification Officer. The official 
designated by the Managing Director, Federal Communications Commission, 
who is responsible, based on the coordination and review of information 
related to applicants, for granting certification as an accounting 
authority in the maritime mobile and maritime mobile-satellite radio 
services. The Accounting Authority Certification Officer may initiate 
action to suspend or cancel an accounting authority certification if it 
is determined to be in the public's best interest.
    (c) Accounting Authority Identification Codes (AAICs). The discrete 
identification code of an accounting authority responsible for the 
settlement of maritime accounts (Annex A to ITU-T Recommendation D.90).
    (d) Administration. Any governmental department or service 
responsible for discharging the obligations undertaken in the Convention 
of the International Telecommunication Union and the Radio Regulations. 
For purposes of these rules, ``Administration'' refers to a foreign 
government or the U.S. Government, and more specifically, to the Federal 
Communications Commission.
    (e) Authorization. Approval by the Federal Communications Commission 
to operate as an accounting authority. Synonymous with 
``certification''.
    (f) CCITT. The internationally recognized French acronym for the 
International Telegraph and Telephone Consultative Committee, one of the 
former sub-entities of the International Telecommunication Union (ITU). 
The CCITT (ITU-T)\1\ is responsible for developing international 
telecommunications recommendations relating to standardization of 
international telecommunications services and facilities, including 
matters related to international charging and accounting principles and 
the settlement of international telecommunications accounts.
---------------------------------------------------------------------------

    \1\ At the ITU Additional Plenipotentiary Conference in Geneva 
(December, 1992), the structure, working methods and construct of the 
basic ITU treaty instrument were modified. The result is that the names 
of the sub-entities of the ITU have changed (e.g., the CCITT has become 
the Telecommunication Standardization Sector--ITU-T and Recognized 
Private Operating Agency has become Recognized Operating Agency-ROA). 
The changes were placed into provisional effect on March 1, 1993 with 
the formal entry into force of these changes being July 1, 1994. We will 
refer to the new nomenclatures within these rules, wherever practicable.
---------------------------------------------------------------------------

    Such recommendations are, effectively, the detailed implementation

[[Page 690]]

provisions for topics addressed in the International Telecommunication 
Regulations (ITR).
    (g) Certification. Approval by the FCC to operate as an accounting 
authority. Synonymous with ``authorization''.
    (h) Coast Earth Station. An earth station in the fixed-satellite 
service or, in some cases, in the maritime mobile-satellite service, 
located at a specified fixed point on land to provide a feeder link for 
the maritime mobile-satellite service.
    (i) Coast Station. A land station in the maritime mobile service.
    (j) Commission. The Federal Communications Commission. The FCC.
    (k) Gold Franc. A monetary unit representing the value of a 
particular nation's currency to a gold par value. One of the monetary 
units used to effect accounting settlements in the maritime mobile and 
the maritime mobile-satellite services.
    (l) International Telecommunication Union (ITU). One of the United 
Nations family organizations headquartered in Geneva, Switzerland along 
with several other United Nations (UN) family organizations. The ITU is 
the UN agency responsible for all matters related to international 
telecommunications. The ITU has over 180 Member Countries, including the 
United States, and provides an international forum for dealing with all 
aspects of international telecommunications, including radio, telecom 
services and telecom facilities.
    (m) Linking Coefficient. The ITU mandated conversion factor used to 
convert gold francs to Special Drawing Rights (SDRs). Among other 
things, it is used to perform accounting settlements in the maritime 
mobile and the maritime mobile-satellite services.
    (n) Maritime Mobile Service. A mobile service between coast stations 
and ship stations, or between ship stations, or between associated on-
board communication stations. Survival craft stations and emergency 
position- indicating radiobeacon stations may also participate in this 
service.
    (o) Maritime Mobile-Satellite Service. A mobile-satellite service in 
which mobile earth stations are located on board ships. Survival craft 
stations and emergency position-indicating radiobeacon stations may also 
participate in this radio service.
    (p) Public Correspondence. Any telecommunication which the offices 
and stations must, by reason of their being at the disposal of the 
public, accept for transmission. This usually applies to maritime mobile 
and maritime mobile-satellite stations.
    (q) Recognized Operating Agencies (ROAs).\2\ Individuals, companies 
or corporations, other than governments or agencies, recognized by 
administrations, which operate telecommunications installations or 
provide telecommunications services intended for international use or 
which are capable of causing interference to international 
telecommunications. ROAs which settle debtor accounts for public 
correspondence in the maritime mobile and maritime mobile-satellite 
radio services must be certified as accounting authorities.
---------------------------------------------------------------------------

    \2\ Id.
---------------------------------------------------------------------------

    (r) Ship Station. A mobile station in the maritime mobile service 
located on board a vessel which is not permanently moored, other than a 
survival craft station.
    (s) Special Drawing Right (SDR). A monetary unit of the 
International Monetary Fund (IMF) currently based on a market basket of 
exchange rates for the United States, West Germany, Great Britain, 
France and Japan but is subject to IMF's definition. One of the monetary 
units used to effect accounting settlements in the maritime mobile and 
maritime mobile-satellite services.
    (t) United States. The continental U.S., Alaska, Hawaii, the 
Commonwealth of Puerto Rico, the Virgin Islands or any territory or 
possession of the United States.

                               Eligibility



Sec. 3.10  Basic qualifications.

    (a) Applicants must meet the requirements and conditions contained 
in these rules in order to be certified as an accounting authority. No 
individual or other entity, including accounting authorities approved by 
other administrations, may act as a United States accounting authority 
and settle accounts of U.S. licensed vessels in the

[[Page 691]]

maritime mobile or maritime mobile-satellite services without a 
certification from the Federal Communications Commission. Accounting 
authorities with interim certification as of the effective date of this 
rule must submit to the application process discussed in Sec. 3.20. 
They will be ``grandfathered'', i.e, granted permanent certification 
provided they demonstrate their eligibility and present a proper 
application.
    (b) U.S. citizenship is not required of individuals in order to 
receive certification from the Commission to be an accounting authority. 
Likewise, joint ventures need not be organized under the laws of the 
United States in order to be eligible to perform settlements for U.S. 
licensed vessels. See, however, Sec. 3.11.
    (c) Prior experience in maritime accounting, general commercial 
accounting, international shipping or any other related endeavor will be 
taken into consideration by the Commission in certifying accounting 
authorities. The lack of such expertise, however, will not automatically 
disqualify an individual, partnership, corporation or other entity from 
becoming an accounting authority.
    (d) Applicants must provide formal financial statements or 
documentation proving all assets, liabilities, income and expenses.
    (e) Applicants must offer their services to any member of the public 
making a reasonable request therefor, without undue discrimination 
against any customer or class of customer, and fees charged for 
providing such services shall be reasonable and non-discriminatory. This 
requirement will be waived for applicants who settle their own accounts 
only and are eligible to be ``grandfathered'' during the initial 
application period. However, should the need for additional accounting 
authorities be proven, these accounting authorities will be required to 
offer their services to the public or relinquish their certification.

[61 FR 20165, May 6, 1996, as amended at 64 FR 40776, July 28, 1999]



Sec. 3.11  Location of settlement operation.

    (a) Within the United States. A certified accounting authority 
maintaining all settlement operations, as well as associated 
documentation, within the United States will be assigned an AAIC with a 
``US'' prefix.
    (b) Outside the United States. A certified accounting authority 
maintaining settlement operations outside the United States will be 
assigned the same AAIC as that originally assigned to such entity by the 
administration of the country of origin. However, in no case will an 
entity be certified as an accounting authority for settlement of U.S. 
licensed vessel accounts unless the entity is requesting to conduct a 
settlement operation in the United States or has already been issued an 
AAIC by another administration.

                         Application Procedures



Sec. 3.20  Application form.

    Written application must be made to the Federal Communications 
Commission on FCC Form 44, ``Application For Certification As An 
Accounting Authority'' in order to be considered for certification as an 
accounting authority. No other application form may be used. No 
consideration will be given to applicants not submitting applications in 
accordance with these rules or in accordance with any other instructions 
the Commission may issue. FCC Form 44 may be obtained from the 
Commission by writing to the address shown in Sec. 3.61.



Sec. 3.21  Order of consideration.

    (a) Accounting Authority applications will be processed on a first-
come, first-served basis. When applications are received on the same 
day, the application with the earliest mailing date, as evidenced by the 
postmark, will be processed first. Interim accounting authorities 
seeking permanent certifications through the ``grandfathering'' process 
will not compete with other applicants during the first 60 days 
following the effective date of these rules which is allowed for 
submission of their applications. After the ``grandfathering'' process 
is completed, all other applicants will be processed as in paragraph (a) 
of this section.
    (b) At any given time, there will be no more than 25 certified 
accounting

[[Page 692]]

authorities with a minimum of 15 ``US'' AAICs reserved for use by 
accounting authorities conducting settlement operations within the 
United States. The Commission will retain all valid applications 
received after the maximum number of accounting authorities have been 
approved and will inform such applicants that should an AAIC become 
available for reassignment in the future, the Commission will 
conditionally certify as an accounting authority the oldest of the 
qualified pending applicants, as determined by the order of receipt. 
Final certification would be conditional upon filing of an amended 
application (if necessary). The Commission will inform the applicant of 
his/her conditional selection in writing to confirm the applicant's 
continued interest in becoming an accounting authority.



Sec. 3.22  Number of accounting authority identification codes per applicant.

    (a) No entity will be entitled to or assigned more than one AAIC.
    (b) AAICs may not be reassigned, sold, bartered or transferred and 
do not convey upon sale or absorption of a company or firm without the 
express written approval of the Commission. Only the FCC may certify 
accounting authorities and assign U.S. AAICs for entities settling 
accounts of U.S. licensed vessels in the maritime mobile and maritime 
mobile-satellite services.
    (c) Accounting authorities who are ``grandfathered'' during the 
initial application period may retain their interim AAIC.



Sec. 3.23  Legal applicant.

    The application shall be signed by the individual, partner or 
primary officer of a corporation who is legally able to obligate the 
entity for which he or she is a representative.



Sec. 3.24  Evidence of financial responsibility.

    All applicants must provide evidence of sound financial status. To 
the extent that the applicant is a business, formal financial statements 
will be required. Other applicants may submit documentation proving all 
assets, liabilities, income and expenses which supports their ability to 
meet their personal obligations. Applicants must provide any additional 
information deemed necessary by the Commission.



Sec. 3.25  Number of copies.

    One original and one copy of FCC Form 44, ``Application For 
Certification As An Accounting Authority'' will be required. Only 
applications mailed to the Commission on official, Commission approved 
application forms will be considered. Applications should be mailed at 
least 90 days prior to planned commencement of settlement activities to 
allow time for the Commission to review the application and to allow for 
the informal public comment period.



Sec. 3.26  Where application is to be mailed.

    All applications shall be mailed to the Accounting Authority 
Certification Officer in Washington, D.C. The designated address will be 
provided on the FCC Form 44, ``Application for Certification As An 
Accounting Authority''.



Sec. 3.27  Amended application.

    Changes in circumstances that cause information previously supplied 
to the FCC to be incorrect or incomplete and that could affect the 
approval process, require the submission of an amended application. The 
amended application should be mailed to the Commission immediately 
following such change. See also Sec. Sec. 3.24 and 3.51.



Sec. 3.28  Denial of privilege.

    (a) The Commission, in its sole discretion, may refuse to grant an 
application to become an accounting authority for any of the following 
reasons:
    (1) Failure to provide evidence of acceptable financial 
responsibility;
    (2) If the applicant, in the opinion of the FCC reviewing official, 
does not possess the qualifications necessary to the proper functioning 
of an accounting authority;
    (3) Application is not personally signed by the proper official(s);
    (4) Applicant does not provide evidence that accounting operations 
will take place in the United States or its territories and the 
applicant does not

[[Page 693]]

already possess an AAIC issued by another administration;
    (5) Application is incomplete, the applicant fails to provide 
additional information requested by the Commission or the applicant 
indicates that it cannot meet a particular provision; or
    (6) When the Commission determines that the grant of an 
authorization is contrary to the public interest.
    (b) These rules provide sufficient latitude to address defects in 
applications. Entities seeking review should follow procedures set forth 
in Sec. 1.106 or Sec. 1.115 of this chapter.



Sec. 3.29  Notifications.

    (a) The Commission will publish the name of an applicant in a Public 
Notice before granting certification and will invite informal public 
comment on the qualifications of the applicant from any interested 
parties. Comments received will be taken into consideration by the 
Commission in making its determination as to whether to approve an 
applicant as an accounting authority. Thirty days will be allowed for 
submission of comments.
    (b) The Commission will notify each applicant in writing as to 
whether the applicant has been approved as an accounting authority. If 
the application is not approved, the Commission will provide a brief 
statement of the grounds for denial.
    (c) The names and addresses of all newly certified accounting 
authorities will be published in a Public Notice issued by the 
Commission. Additionally, the Commission will notify the ITU within 30 
days of any changes to its approved list of accounting authorities.

                          Settlement Operations



Sec. 3.40  Operational requirements.

    All accounting authorities must conduct their operations in 
conformance with the provisions contained in this section and with 
relevant rules and guidance issued from time to time by the Commission.



Sec. 3.41  Amount of time allowed before initial settlements.

    An accounting authority must begin settling accounts no later than 
six months from the date of certification. Failure to commence 
settlement operations is cause for suspension or cancellation of an 
accounting authority certification.



Sec. 3.42  Location of processing facility.

    Settlement of maritime mobile and maritime mobile-satellite service 
accounts must be performed within the United States by all accounting 
authorities possessing the ``US'' prefix. Other accounting authorities 
approved by the Commission may settle accounts either in the U.S. or 
elsewhere. See also Sec. Sec. 3.11 and 3.21(b).



Sec. 3.43  Applicable rules and regulations.

    Accounting authority operations must be conducted in accordance with 
applicable FCC rules and regulations, the International 
Telecommunication Regulations (ITR), and other international rules, 
regulations, agreements, and, where appropriate, ITU-T Recommendations. 
In particular, the following must be adhered to or taken into account in 
the case of ITU-T.
    (a) The latest basic treaty instrument(s) of the International 
Telecommunication Union (ITU);
    (b) Binding agreements contained in the Final Acts of World 
Administrative Radio Conferences and/or World International 
Telecommunication Conferences;
    (c) ITU Radio Regulations;
    (d) ITU International Telecommunication Regulations (ITR);
    (e) ITU-T Recommendations (particularly D.90 and D.195); and
    (f) FCC Rules and Regulations (47 CFR part 3).



Sec. 3.44  Time to achieve settlements.

    All maritime telecommunications accounts should be timely paid in 
accordance with applicable ITU Regulations, Article 66 and International 
Telecommunication Regulations (Melbourne, 1988). Accounting authorities 
are deemed to be responsible for remitting, in a timely manner, all 
valid amounts due to foreign administrations or their agents.

[[Page 694]]



Sec. 3.45  Amount of charges.

    Accounting Authorities may charge any reasonable fee for their 
settlement services. Settlements themselves, however, must adhere to the 
standards set forth in these rules and must be in accordance with the 
International Telecommunication Regulations (ITR) taking into account 
the applicable ITU-T Recommendations and other guidance issued by the 
Commission.



Sec. 3.46  Use of gold francs.

    An accounting authority must accept accounts presented to it from 
foreign administrations in gold francs. These gold francs must be 
converted on the date of receipt of the bill to the applicable Special 
Drawing Right (SDR) rate (as published by the International Monetary 
Fund) on that date utilizing the linking coefficient of 3.061 gold 
francs = 1 SDR. An equivalent amount in U.S. dollars must be paid to the 
foreign administration. Upon written concurrence by the FCC, an 
accounting authority may make separate agreements, in writing, with 
foreign administrations or their agents for alternative settlement 
methods, in accordance with ITU-T Recommendation D.195.



Sec. 3.47  Use of SDRs.

    An accounting authority must accept accounts presented to it from 
foreign administrations in Special Drawing Rights (SDRs). These SDRs 
must be converted to dollars on the date of receipt by the accounting 
authority and an equivalent amount in US dollars must be paid to the 
foreign administration. The conversion rate will be the applicable rate 
published by the International Monetary Fund (IMF) for the date of 
receipt of the account from the foreign administration. Upon written 
concurrence by the FCC, any accounting authority may make separate 
agreements, in writing, with foreign administrations or their agents for 
alternative settlement methods, provided account is taken of ITU-T 
Recommendation D.195.



Sec. 3.48  Cooperation with the Commission.

    Accounting authorities must cooperate fully with the FCC in all 
respects concerning international maritime settlements issues, including 
the resolution of questions of fact or other issues arising as a result 
of settlement operations.



Sec. 3.49  Agreement to be audited.

    Accounting authorities accept their certifications on condition that 
they are subject to audit of their settlement activities by the 
Commission or its representative. Additionally, the Commission reserves 
the right to verify any statement(s) made or any materials submitted to 
the Commission under these rules. Verification may involve discussions 
with ship owners or others as well as the requirement to submit 
additional information to the Commission. Failure to respond 
satisfactorily to any audit findings is grounds for forfeiture or 
suspension or cancellation of authority to act as an accounting 
authority for U.S. vessels.



Sec. 3.50  Retention of settlement records.

    Accounting authorities must maintain, for the purpose of compliance 
with these rules, all settlement records for a period of at least seven 
years following settlement of an account with a foreign administration 
or agent.



Sec. 3.51  Cessation of operations.

    The FCC must be notified immediately should an accounting authority 
plan to relinquish its certification or cease to perform settlements as 
authorized. Additionally, the Commission must be advised in advance of 
any proposed transfer of control of an accounting authority's firm or 
organization, by any means, to another entity.
    (a) When an accounting authority is transferred, merged or sold, the 
new entity must apply for certification in its own right if it is 
interested in becoming an accounting authority. Provided the new 
applicant is eligible and completes the application process 
satisfactorily, the AAIC will be transferred to the new applicant. In 
the case of a merger of two accounting authorities, the merged entity 
must decide which AAIC to retain.
    (b) Section 3.21(a) will be waived for these applicants.

[[Page 695]]

    (c) The applicant must comply with application process including 
public comment.
    (d) The applicant must certify acceptance of all accounts and must 
furnish a list of the accounts to the Commission at the time of 
application.



Sec. 3.52  Complaint/inquiry resolution procedures.

    (a) Accounting authorities must maintain procedures for resolving 
complaints and/or inquiries from its contractual customers (vessels for 
which it performs settlements), the FCC, the ITU, and foreign 
administrations or their agents. These procedures must be available to 
the Commission upon request.
    (b) If a foreign administration requests assistance in collection of 
accounts from ships licensed by the FCC, the appropriate accounting 
authority will provide all information requested by the Commission in a 
timely manner to enable the Commission to determine the cause of the 
complaint and to resolve the issue. If accounts are in dispute, the 
Commission will determine the amount due the foreign administration, 
accounting authority or ROA, and may direct the accounting authority to 
pay the accounts to the foreign administration. If the accounting 
authority does not pay the disputed accounts within a reasonable 
timeframe, the Commission may take action to levy a forfeiture, cancel 
the AAIC privilege and/or to revoke any operating authority or licenses 
held by that accounting authority. (See also Sec. 3.72).



Sec. 3.53  FCC notification of refusal to provide telecommunications service 
to U.S. registered vessel(s).

    An accounting authority must inform the FCC immediately should it 
receive notice from any source that a foreign administration or facility 
is refusing or plans to refuse legitimate public correspondence to or 
from any U.S. registered vessel.



Sec. 3.54  Notification of change in address.

    The Commission must be notified in writing within 15 days of any 
change in address of an accounting authority. Such written notification 
should be sent to the address shown in Sec. 3.61.

                         Reporting Requirements



Sec. 3.60  Reports.

    (a) Initial Inventory of Vessels. Within 60 days after receiving 
final approval from the FCC to be an accounting authority, each 
certified accounting authority must provide to the FCC an initial list 
of vessels for which it is performing settlements. This list should 
contain only U.S. registered vessels. Such list shall be typewritten or 
computer generated, be annotated to indicate it is the initial inventory 
and be in the general format of the following and provide the 
information shown:

 
                Vessel Name                           Call Sign
 
 
 

    (b) Semi-Annual Additions/Modifications/Deletions to Vessel 
Inventory. Beginning with the period ending on the last day of March or 
September following submission of an accounting authority's Initial 
Inventory of Vessels (See paragraph (a) of this section.) and each semi-
annual period thereafter, each accounting authority is required to 
submit to the FCC a report on additions, modifications or deletions to 
its list of vessels for which it is performing or intending to perform 
settlements, whether or not settlements actually have taken place. The 
list should contain only U.S. registered vessels. The report shall be 
typewritten or computer generated and be in the following general 
format:

                  Additions to Current Vessel Inventory
 
           Vessel Name                 Call Sign        Effective Date
 
 
 


                                    Modifications to Current Vessel Inventory
 
      Previous Vessel Name        Previous Call Sign    New Vessel Name      New Call Sign      Effective Date
 
 
 


                  Deletions to Current Vessel Inventory
 
           Vessel Name                 Call Sign        Effective Date
 
 
 


The preceding report must be received by the Commission no later than 15

[[Page 696]]

days following the end of the period (March or September) for which the 
report pertains. Modifications refer to changes to call sign or ship 
name of vessels for which the accounting authority settles accounts and 
for which basic information has previously been provided to the 
Commission. Reports are to be submitted even if there have been no 
additions, modifications or deletions to vessel inventories since the 
previous report. If there are no changes to an inventory, this should be 
indicated on the report.
    (c) End of Year Inventory. By February 1st of each year, each 
accounting authority must submit an end-of-year inventory report listing 
vessels for which the accounting authority performed settlements as of 
the previous December 31st. The list should contain only U.S. registered 
vessels. The report must be typewritten or computer generated and 
prepared in the same general format as that shown in paragraph (a) of 
this section except it should be annotated to indicate it is the End of 
Year inventory.
    (d) Annual Statistical Report of Settlement Operations. By February 
1st of each year, each accounting authority settling accounts for U.S. 
registered vessels must submit to the FCC an Annual Statistical Report, 
FCC Form 45, which details the number and dollar amount of settlements, 
by foreign administration, during the preceding twelve months. 
Information contained in this report provides statistical data that will 
enable the Commission to monitor operations to ensure adherence to these 
rules and to appropriate international settlement procedures. FCC Form 
45 can be obtained by writing to the address in 3.61 of these rules.



Sec. 3.61  Reporting address.

    All reports must be received at the following address no later than 
the required reporting date:

Accounting Authority Certification Officer, Financial Operations Center, 
Federal Communications Commission, 445 12th Street, SW., Washington, 
D.C. 20554

[61 FR 20165, May 6, 1996, as amended at 65 FR 58466, Sept. 29, 2000]



Sec. 3.62  Request for confidentiality.

    Applicants should comply with Sec. 0.459 of this chapter when 
requesting confidentiality and cannot assume that it will be offered 
automatically.

                               Enforcement



Sec. 3.70  Investigations.

    The Commission may investigate any complaints made against 
accounting authorities to ensure compliance with the Commission's rules 
and with applicable ITU Regulations and other international maritime 
accounting procedures.



Sec. 3.71  Warnings.

    The Commission may issue written warnings or forfeitures to 
accounting authorities which are found not to be operating in accordance 
with established rules and regulations. Warnings will generally be 
issued for violations which do not seriously or immediately affect 
settlement functions or international relations. Continued or unresolved 
violations may lead to further enforcement action by the Commission, 
including any or all legally available sanctions, including but not 
limited to, forfeitures (Communications Act of 1934, Sec. 503), 
suspension or cancellation of the accounting authority certification.



Sec. 3.72  Grounds for further enforcement action.

    (a) The Commission may take further enforcement action, including 
forfeiture, suspension or cancellation of an accounting authority 
certification, if it is determined that the public interest so requires. 
Reasons for which such action may be taken include, inter alia:
    (1) Failure to initiate settlements within six months of 
certification or failure to perform settlements during any subsequent 
six month period;
    (2) Illegal activity or fraud;
    (3) Non-payment or late payment to a foreign administration or 
agent;
    (4) Failure to follow ITR requirements and procedures;
    (5) Failure to take into account ITU-T Recommendations;
    (6) Failure to follow FCC rules and regulations;

[[Page 697]]

    (7) Bankruptcy; or
    (8) Providing false or incomplete information to the Commission or 
failure to comply with or respond to requests for information.
    (b) Prior to taking any of the enforcement actions in paragraph (a) 
of this section, the Commission will give notice of its intent to take 
the specified action and the grounds therefor, and afford a 30-day 
period for a response in writing; provided that, where the public 
interest so requires, the Commission may temporarily suspend a 
certification pending completion of these procedures. Responses must be 
forwarded to the Accounting Authority Certification Officer. See Sec. 
3.61.



Sec. 3.73  Waiting period after cancellation.

    An accounting authority whose certification has been cancelled must 
wait a minimum of three years before reapplying to be an accounting 
authority.



Sec. 3.74  Ship stations affected by suspension, cancellation or 
relinquishment.

    (a) Whenever the accounting authority privilege has been suspended, 
cancelled or relinquished, the accounting authority is responsible for 
immediately notifying all U.S. ship licensees for which it was 
performing settlements of the circumstances and informing them of the 
requirement contained in paragraph (b) of this section.
    (b) Those ship stations utilizing an accounting authority's AAIC for 
which the subject accounting authority certification has been suspended, 
cancelled or relinquished, should make contractual arrangements with 
another properly authorized accounting authority to settle its accounts.
    (c) The Commission will notify the ITU of all accounting authority 
suspensions, cancellations and relinquishments, and
    (d) The Commission will publish a Public Notice detailing all 
accounting authority suspensions, cancellations and relinquishments.



Sec. 3.75  Licensee's failure to make timely payment.

    Failure to remit proper and timely payment to the Commission or to 
an accounting authority may result in one or more of the following 
actions against the licensee:
    (a) Forfeiture or other authorized sanction.
    (b) The refusal by foreign countries to accept or refer public 
correspondence communications to or from the vessel or vessels owned, 
operated or licensed by the person or entity failing to make payment. 
This action may be taken at the request of the Commission or 
independently by the foreign country or coast station involved.
    (c) Further action to recover amounts owed utilizing any or all 
legally available debt collection procedures.



Sec. 3.76  Licensee's liability for payment.

    The U.S. ship station licensee bears ultimate responsibility for 
final payment of its accounts. This responsibility cannot be superseded 
by the contractual agreement between the ship station licensee and the 
accounting authority. In the event that an accounting authority does not 
remit proper and timely payments on behalf of the ship station licensee:
    (a) The ship station licensee will make arrangements for another 
accounting authority to perform future settlements, and
    (b) The ship station licensee will settle any outstanding accounts 
due to foreign entities.
    (c) The Commission will, upon request, take all possible steps, 
within the limits of applicable national law, to ensure settlement of 
the accounts of the ship station licensee. As circumstances warrant, 
this may include issuing warnings to ship station licensees when it 
becomes apparent that an accounting authority is failing to settle 
accounts. See also Sec. Sec. 3.70 through 3.74.

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