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Commission, be granted to students of seventh grade or higher level.

15.401 Filing of applications.

(a) Notwithstanding the requirements in subpart B of this part, an application for a student authorization may be filed in letter form, in duplicate, with the original signed. The application shall contain the Information set forth in paragraph (b) of this section.

(b) The application shall contain the following information:

(1) Name and address of applicant.

(2) A statement that the applicant is a. citizen of the United States.

(3) Applicant's school and grade.

(4) A detailed description In narrative form of the project including the type ind purpose of operation.

(5) Place of operation—street address, name of building, or other specific location.

(6) Date(s) of operation including the exact hours, when known, as well as the duration of each period of operation.

(7) Equipment to be used. If manufactured, list name of manufacturer and type number. For other equipment, describe In detail and furnish a circuit diagram.

(8) Frequencyfles) desired and range of frequencies which could be employed.

(9) The method by which the frequency of operation will be determined.

(10) Frequency tolerance.

(11) The means by which this tolerance will be maintained.

(13) DC plate power Input to final radio frequency stage. If not known, indicate any known power rating of equipment and state whether this is power output of transmitter or radiated power, and whether average or peak.

(13) Type of emission including a description of the modulation that will be applied, if modulated.

(14) Description of the antenna to bo used, Including height above ground.

(c) The application shall be accompanied by a signed statement from the principal of the school, or a member of Its faculty, on appropriate letterhead, stating that the project has the ap

proval of the school and indicating the person under whose general supervision the project will be conducted.

8 5.403 Waiver of construction permit.

Subject to the requirements of §§ 5.401 and 5.402, the provisions contained in section 319(d) of the Communications Act are waived insofar as such provisions require the issuance of a construction permit prior to the issuance of the student authorization provided for in this subpart.

J 5.404 [Reserved]

85.405 Power limitation.

No authorization under this subpart will be issued unless the description of the project shows that the dc plate power input to the final radio frequency stage does not exceed 5 watts: Provided, however. That a greater power may be authorized if a satisfactory showing is made that such greater power Is necessary and that appropriate measures will be taken to prevent interference.

8 5.406 Frequencies.

(a) Frequencies in the following bands are available for assignment in authorizations issued under this subpart:

27.23-27.28 MHz. 460-461 MHz. 462.S2S-467.475 MHz. 2450-2500 MHz.

(b) In each case, the carrier frequency must be far enough inside the band so as to keep the sideband energy within the band limits specified.

[28 FR 12506, Nov. 22, 1963, as amended at 35 FR 5618, Apr. 7. 1970]

8 5.407 Measurements required.

The frequency of operation must be measured or checked prior to each time of operation.

8 6.408 Waiver of technical and operating requirements.

Subject to the provisions of §§5.405, 5.406, and 5.407, the provisions in subparts C and D of this part are waived insofar as such provisions require a station authorized under this subpart to observe the technical and operating requirements set forth therein.

S 5.409 Noninterference condition.

Each authorization issued to a student under this subpart is subject to the condition that no harmful interference, as defined in § 5.3(h), is caused to any authorized station.

[38 FR 12744, May 15, 1973]

§ 5.410 Record of operation.

(a) The licensee holding an authorization issued under this subpart shall maintain a record of operation containing the following information:

(1) The date and time of each period of operation.

(2) The frequency of operation as measured or checked at the beginning of each period of operation.

(3) A brief description of the experimentation being conducted.

(b) Each entry shall be signed by the person operating the equipment.

(c) These records shall be retained for one month after the termination of the authorization.

S 5.411 Notification.

(a) The holder of an authorization issued under this subpart shall notify the Engineer In Charge of the district in which the station will be operated in advance of each scheduled operation.

(b) The notice to the Engineer in Charge shall be in writing and shall contain the following information:

(1) Place of operation.

(2) Date(s) of operation, including exact time if known.

(3) Frequency(ies) to be used.

(4) Call letters of station.

PART 13-COMMERCIAL RADIO OPERATORS

General

13.1 Basis and purpose.

13.3 Definitions.

13.5 Licensed commercial radio operators required.

13.7 Classification of operator licenses and endorsements.

13.9 Eligibility and application for new license or endorsement.

13.11 Holding more than one commercial radio operator license.

13.13 Application for 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 opmtcr

license or endorsement. 13.203 Examination elements. 13.205 Examination credit for licenses held 13.207 Preparing an examination. 13.209 Examination procedures. 13.211 Commercial radio operator licnst

examination. 13.213 COLEM qualifications. 13.215 Question pools. 13.217 Records.

Authority: Sees. 4, 303, 48 Stat. 1086. LOB as amended; 47 U.S.C. 154. 303.

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

S 13.1 Basis and purpose.

(a) Basis. The basis for the rules ooc tained in this part is the Communications Act of 1934, as amended, and applicable treaties and agreements tc which the United States is a party.

(b) Purpose. The purpose of the rolei in this part is to prescribe the manner and conditions under which commer cial radio operators are licensed by tat Commission.

813.3 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 spec fled in J 13.7(b).

(c) GMDSS. Global Maritime Dittrea and Safety System.

(d) FCC. Federal Communication Commission.

(e) International Morse Code. A dotdash code as defined in Internatlou. Telegraph and Telephone Consult*:: • Committee (CCITT) Recommendati" F.l (1984), Division B. I. Morse code

(f) ITU. International Telecommuc: cation Union.

(g) PPC. Proof-of-Passlng CertlfleaM (h) Question pool. All current examination questions for a designated written examination element.

(1) Question set. A series of examtn* tion questions on a given examinaUet

selected from the current question pool.

0) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party.

$ 13J5 Licenced commercial radio operator required.

Rules that require FCC station licensees to have certain transmitter operating, maintenance, and repair duties performed by a commercial radio operator are contained in parts 23, 73. 74, 80. and 87 of this Chapter.

513.7 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 nine types of commercial radio operator licenses, certificates and permits (licenses). The license's ITU classification. If different from its name, is given in parenthesis.

(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).

(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) OMDSS Radio Maintalner's License (technical portion of the firstclass 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 Radio

telephone Operator License, GMDSS Radio Maintalner'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)(1) If a person is afflicted with an unconnected 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.

(11) In the case of a license that does not require an examination in technical radio matters, the endorsement specified In paragraph (CX6KD of this section will be modified by deleting the reference therein to installation, service, and maintenance duties.

(ill) 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)(l) 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 valid only for the operation of radio stations for which that person is the station licensee.

[88 FR 9124, Feb. 19. 1993; 58 FR 12632, Mar. 5. 1993]

913.9 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

doeB 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 op erator license is suspended, or

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

(ill) 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 Mouths Service Endorsement, OMDSS Radio Operator's License or GMDSS Radio Maintainer's License must be made on FCC Form 756.

(2) Each application for a Restricted Radiotelephone Operator Permit most be made on FCC Form 753.

(3) Each application for a Restricted Radiotelephone Operator Permit-Limited Use must be made on FCC Form 755.

(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 Ra dlotelegraph Operator's Certificate Ship Radar Endorsement. GmdnRadio Operator's License or OMDSS Radio Maintainor's License must include an original PPC(s) from •COLEM(s) showing that the applicant has passed the necessary examination elements). The applicant must subrr.. the application to the address specific-in the part 1 of the rules.

(d) Each application for a new sii month radiotelegraph endorsemes: must include documentation shown* the applicant has satisfied the requirements of § 13.201(c). The applicant must submit the application to the address specified in part 1 of the rules.

(e) 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.

'■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;

(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.

513.13 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, or GMDSS Radio Maintainor's License must be made on FCC Form 756. The application must be accompanied by the original document or a legible photocopy unless It has been lost, mutilated, or destroyed. If the license has been lost, mutilated, or destroyed, submit a written explanation. The application must be accompanied by the ap

propriate fee and submitted to the address specified in part 1 of the rules.

(b) A licensee may submit an application for renewal of an unexpired license during the last year of the license term. 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 to the address specified in part 1 of the rules. 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 made on FCC Form 756. Each application for a commercial operator license involving a change in operator class must include original PPC(s) from a COLEM showing that the applicant has passed the necessary examination element(s). The application must be accompanied by the required fee, if any, and submitted to the address specified in part 1 of the rules.

(d) The holder of a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, General Radiotelephone Operator License, Marine Radio Operator Permit, GMDSS Radio Operator's License, or GMDSS Radio Malntainer's License whose name is legally changed may obtain a modified license by filing a FCC Form 756 with a written explanation. The application must be accompanied by the required fee and submitted to the address specified in part 1 of the rules.

(e) A licensee who has made application for a renewed or modified operator license or permit may exhibit a photocopy of their license in lieu of the original document.

113.15 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.

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