[Title 47 CFR 13.9]
[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]
[Sec. 13.9 - Eligibility and application for new license or endorsement.]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01false13.9Sec. 13.9TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERALCOMMERCIAL RADIO OPERATORS
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]