47 CFR 80.59 - Compulsory ship inspections.

§ 80.59 Compulsory ship inspections.
(a) Inspection of ships subject to the Communications Act or the Safety Convention.
(1) The FCC will not normally conduct the required inspections of ships subject to the inspection requirements of the Communications Act or the Safety Convention.
Note:
Nothing in this section prohibits Commission inspectors from inspecting ships. The mandatory inspection of U. S. vessels must be conducted by an FCC-licensed technician holding an FCC General Radiotelephone Operator License, GMDSS Radio Maintainer's License, Second Class Radiotelegraph Operator's Certificate, or First Class Radiotelegraph Operator's Certificate in accordance with the following table:
Category of vessel Minimum class of FCC license required by private sector technician to conduct inspection—only one license required
General radiotele-phone operator license GMDSS radio maintainer's license Second class radiotele-graph operator's certificate First class radiotele-graph operator's certificate
Radiotelephone equipped vessels subject to 47 CFR part 80, subpart R or S
Radiotelegraph equipped vessels subject to 47 CFR part 80, subpart Q
GMDSS equipped vessels subject to 47 CFR part 80, subpart W or subpart Q
(2) A certification that the ship has passed an inspection must be entered into the ship's log by the inspecting technician. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or employee or their affiliates. Additionally, the vessel owner, operator, or ship's master must certify in the station log that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to paragraph (a)(1) of this section. An inspection of the bridge-to-bridge radio stations on board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act must be conducted by the same FCC-licensed technician.
(3) Additionally, for passenger vessels operated on an international voyage the inspecting technician must send a completed FCC Form 806 to the Officer in Charge, Marine Safety Office, United States Coast Guard in the Marine Inspection Zone in which the ship is inspected.
(4) In the event that a ship fails to pass an inspection the inspecting technician must make a log entry detailing the reason that the ship did not pass the inspection. Additionally, the technician must notify the vessel owner, operator, or ship's master that the vessel has failed the inspection.
(5) Because such inspections are intended to ensure the availability of communications capability during a distress the Commission will vigorously investigate reports of fraudulent inspections, or violations of the Communications Act or the Commission's Rules related to ship inspections. FCC-licensed technicians, ship owners or operators should report such violations to the Commission through its National Call Center at 1-888-CALL FCC (1-888-225-5322).
(b) Inspection and certification of a ship subject to the Great Lakes Agreement. The FCC will not inspect Great Lakes Agreement vessels. An inspection and certification of a ship subject to the Great Lakes Agreement must be made by a technician holding one of the following: an FCC General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. The certification required by § 80.953 must be entered into the ship's log. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or an employee of any of them. Additionally, the vessel owner, operator, or ship's master must certify that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to § 80.59(b).
(c) Application for exemption.
(1) Applications for exemption from the radio provisions of part II or III of title III of the Communications Act, the Safety Convention, or the Great Lakes Radio Agreement, or for modification or renewal of an exemption previously granted must be filed as a waiver request using FCC Form 605. Waiver requests must include the following information:
(i) Name of ship;
(ii) Call sign of ship;
(iii) Official number of ship;
(iv) Gross tonnage of ship;
(v) The radio station requirements from which the exemption is requested:
(A) Radiotelephone (VHF/MF);
(B) Radiotelegraph; and/or
(C) Radio direction finding apparatus;
(vi) File number of any previously granted exemption;
(vii) Detailed description of the voyages for which the exemption is requested, including:
(A) Maximum distance from nearest land in nautical miles;
(B) Maximum distance between two consecutive ports in nautical miles; and
(C) Names of all ports of call and an indication of whether travel will include a foreign port;
(viii) Reasons for the exemption:
(A) Size of vessel;
(B) Variety of radio equipment on board;
(C) Limited routes; and/or
(D) Conditions of voyages;
(ix) A copy of the U.S. Coast Guard Certificate of Inspection an indication of whether the vessel is certified as a Passenger or Cargo ship (for passenger ships, list the number of passengers the ship is licensed to carry); and
(x) Type and quantity of radio equipment on board, including:
(A) VHF Radio Installation (indicate if GMDSS approved);
(B) Single Side-Band (SSB) (indicate the band of operation, MF or HF and indicate if GMDSS approved);
(C) Category 1, 406 MHz EPIRB (GMDSS approved);
(D) NAVTEX Receiver (GMDSS approved);
(E) Survival Craft VHF (GMDSS approved);
(F) 9 GHz Radar Transponder (GMDSS approved);
(G) Ship Earth Station;
(H) 2182 Radiotelephone Auto Alarm
(I) Reserve Power Supply (capability); and
(J) Any other equipment.
(2) Feeable applications for exemption must be filed with U.S. Bank, P.O. Box 979097, St. Louis, MO 63197-9000 at the address set forth in § 1.1102. Emergency requests must be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, SW., TW-B204, Washington, DC 20554.
Note:
With emergency requests, do not send the fee, you will be billed.
(d) Waiver of annual inspection.
(1) The Commission may, upon a finding that the public interest would be served, grant a waiver of the annual inspection required by Section 362(b) of the Communications Act, 47 U.S.C. 360(b), for a period of not more than 90 days for the sole purpose of enabling a United States vessel to complete its voyage and proceed to a port in the United States where an inspection can be held. An informal application must be submitted by the ship's owner, operator or authorized agent. The application must be submitted to the Commission's District Director or Resident Agent in charge of the FCC office nearest the port of arrival at least three days before the ship's arrival. The application must include:
(i) The ship's name and radio call sign;
(ii) The name of the first United States port of arrival directly from a foreign port;
(iii) The date of arrival;
(iv) The date and port at which annual inspection will be formally requested to be conducted;
(v) The reason why an FCC-licensed technician could not perform the inspection; and
(vi) A statement that the ship's compulsory radio equipment is operable.
(2) Vessels that are navigated on voyages outside of the United States for more than 12 months in succession are exempted from annual inspection required by section 362(b) of the Communications Act, provided that the vessels comply with all applicable requirements of the Safety Convention, including the annual inspection required by Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed technician in accordance with this section within 30 days of arriving in the United States.
[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 64715, Dec. 12, 1991; 60 FR 50122, Sept. 28, 1995; 61 FR 8478, Mar. 5, 1996; 61 FR 25805, May 23, 1996; 63 FR 29658, June 1, 1998; 63 FR 68956, Dec. 14, 1998; 64 FR 53241, Oct. 1, 1999; 68 FR 46960, Aug. 7, 2003; 69 FR 64671, Nov. 8, 2004; 73 FR 9031, Feb. 19, 2008]

Title 47 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 47 - TELECOMMUNICATIONS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 155 - Commission

§ 301 - License for radio communication or transmission of energy

§ 302 - Repealed. June 5, 1936, ch. 511,

§ 302a - Devices which interfere with radio reception

§ 303 - Powers and duties of Commission

§ 303a - Standards for children’s television programming

§ 303b - Consideration of children’s television service in broadcast license renewal

§ 303c - Television program improvement

§ 304 - Waiver by license of claims to particular frequency or of electromagnetic spectrum

§ 305 - Government owned stations

§ 306 - Foreign ships; application of

§ 307 - Licenses

§ 308 - Requirements for license

§ 309 - Application for license

§ 310 - License ownership restrictions

§ 311 - Requirements as to certain applications in broadcasting service

§ 312 - Administrative sanctions

§ 312a - Revocation of operator’s license used in unlawful distribution of controlled substances

§ 313 - Application of antitrust laws to manufacture, sale, and trade in radio apparatus

§ 314 - Competition in commerce; preservation

§ 315 - Candidates for public office

§ 316 - Modification by Commission of station licenses or construction permits; burden of proof

§ 317 - Announcement of payment for broadcast

§ 318 - Transmitting apparatus; operator’s license

§ 319 - Construction permits

§ 320 - Stations liable to interfere with distress signals; designation and regulation

§ 321 - Distress signals and communications; equipment on vessels; regulations

§ 322 - Exchanging radio communications between land and ship stations and from ship to ship

§ 323 - Interference between Government and commercial stations

§ 324 - Use of minimum power

§ 325 - False, fraudulent, or unauthorized transmissions

§ 326 - Censorship

§ 327 - Naval stations; use for commercial messages; rates

§ 328 - Repealed.

§ 329 - Administration of radio laws in Territories and possessions

§ 330 - Prohibition against shipment of certain television receivers

§ 331 - Very high frequency stations and AM radio stations

§ 332 - Mobile services

§ 333 - Willful or malicious interference

§ 334 - Limitation on revision of equal employment opportunity regulations

§ 335 - Direct broadcast satellite service obligations

§ 336 - Broadcast spectrum flexibility

§ 337 - Allocation and assignment of new public safety services licenses and commercial licenses

§ 338 - Carriage of local television signals by satellite carriers

§ 339 - Carriage of distant television stations by satellite carriers

§ 340 - Significantly viewed signals permitted to be carried

§ 341 - Carriage of television signals to certain subscribers

§ 342 - Process for issuing qualified carrier certification

§ 351 - Ship radio stations and operations

§ 352 - Exemptions

§ 353 - Radio equipment and operators

§ 353a - Operators and watches on radiotelephone equipped ships

§ 354 - Technical requirements of equipment on radiotelegraph equipped ships

§ 354a - Technical requirements of equipment on radiotelephone equipped ships

§ 355 - Survival craft

§ 356 - Approval of installations by Commission

§ 357 - Safety information

§ 358 - Master’s control over operations

§ 359 - Certificates of compliance; issuance, modification, and cancellation

§ 360 - Station licenses; inspection of equipment by Commission

§ 361 - Control by Commission; review of decisions

§ 362 - Forfeitures; recovery

§ 363 - Automated ship distress and safety systems

§ 381 - Vessels transporting more than six passengers for hire required to be equipped with radiotelephone

§ 382 - Vessels excepted from radiotelephone requirement

§ 383 - Exemptions by Commission

§ 384 - Authority of Commission; operations, installations, and additional equipment

§ 385 - Inspections

§ 386 - Forfeitures

§ 390 - Declaration of purpose

§ 391 - Authorization of appropriations

§ 392 - Grants for construction

§ 392a - Repealed.

§ 393 - Criteria for approval and expenditures by Secretary

§ 393a - Long-range planning for facilities

§ 394 - Establishment of National Endowment

§ 395 - Assistance for demonstration projects

§ 396 - Corporation for Public Broadcasting

§ 397 - Definitions

§ 398 - Federal interference or control

§ 399 - Support of political candidates prohibited

§ 399a - Use of business or institutional logograms

§ 399b - Offering of certain services, facilities, or products by public broadcast station

§ 401 - Enforcement provisions

§ 402 - Judicial review of Commission’s orders and decisions

§ 403 - Inquiry by Commission on its own motion

§ 404 - Reports of investigations

§ 405 - Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition...reconsideration of order concluding hearing or investigation; appeal of order

§ 406 - Compelling furnishing of facilities; mandamus; jurisdiction

§ 407 - Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys’ fees

§ 408 - Order not for payment of money; when effective

§ 409 - Hearings

§ 410 - Joint boards and commissions

§ 411 - Joinder of parties

§ 412 - Documents filed with Commission as public records; prima facie evidence; confidential records

§ 413 - Designation of agent for service; method of service

§ 414 - Exclusiveness of chapter

§ 415 - Limitations of actions

§ 416 - Orders of Commission

§ 501 - General penalty

§ 502 - Violation of rules, regulations, etc.

§ 503 - Forfeitures

§ 504 - Forfeitures

§ 505 - Venue of trials

§ 506 - Repealed.

§ 507 - Violation of Great Lakes Agreement

§ 508 - Disclosure of payments to individuals connected with broadcasts

§ 509 - Prohibited practices in contests of knowledge, skill, or chance

§ 510 - Forfeiture of communications devices

§ 521 - Purposes

§ 522 - Definitions

§ 531 - Cable channels for public, educational, or governmental use

§ 532 - Cable channels for commercial use

§ 533 - Ownership restrictions

§ 534 - Carriage of local commercial television signals

§ 535 - Carriage of noncommercial educational television

§ 536 - Regulation of carriage agreements

§ 537 - Sales of cable systems

§ 541 - General franchise requirements

§ 542 - Franchise fees

§ 543 - Regulation of rates

§ 544 - Regulation of services, facilities, and equipment

§ 544a - Consumer electronics equipment compatibility

§ 545 - Modification of franchise obligations

§ 546 - Renewal

§ 547 - Conditions of sale

§ 548 - Development of competition and diversity in video programming distribution

§ 549 - Competitive availability of navigation devices

§ 551 - Protection of subscriber privacy

§ 552 - Consumer protection and customer service

§ 553 - Unauthorized reception of cable service

§ 554 - Equal employment opportunity

§ 555 - Judicial proceedings

§ 555a - Limitation of franchising authority liability

§ 556 - Coordination of Federal, State, and local authority

§ 557 - Existing franchises

§ 558 - Criminal and civil liability

§ 559 - Obscene programming

§ 560 - Scrambling of cable channels for nonsubscribers

§ 561 - Scrambling of sexually explicit adult video service programming

§ 571 - Regulatory treatment of video programming services

§ 572 - Prohibition on buy outs

§ 573 - Establishment of open video systems

§ 601 - Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission

§ 602, 603 - Repealed.

§ 604 - Effect of transfer

§ 605 - Unauthorized publication or use of communications

§ 606 - War powers of President

§ 607 - Effective date of chapter

§ 608 - Separability

§ 609 - Short title

Statutes at Large

Title 47 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 80 after this date.

  • 2014-04-01; vol. 79 # 62 - Tuesday, April 1, 2014
    1. 79 FR 18249 - Maritime Radio Equipment and Related Matters
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Proposed rule.
      Submit comments on or before June 2, 2014, and reply comments are due on or before June 30, 2014.
      47 CFR Parts 1, 80 and 95