Sec. 83.803

Subpart X-[Reserved]

Subpart Y-Exemption Orders

General exemption orders issued exempting ships from compulsory radio provisions.

AUTHORITY: The provisions of this Part 83 issued under 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless otherwise noted Interpret or apply 48 Stat. 1064-1068, 10811105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.

§ 83.1 Basis and purpose.

(a) The basis for the rules following 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) The purpose of the rules and regulations in this part is to prescribe the manner in which portions of the radio spectrum may be made available for radiocommunication and radiodetermination for maritime operations and for public correspondence which require radio transmitting facilities on board ship and, for certain maritime communications, including public correspondence, on board aircraft; and to prescribe, in so far as is necessary to carry out the provisions of statute and applicable treaties and agreements relative to radio operators and radio installations on board ships for safety purposes, the details as to location, manner of installation, use, and availability of the required equipment, apparatus, spare parts, and such supplementary equipment as may be necessary for the proper functioning of the required shipboard radio installations for the proper conduct of radio communication in time of emergency or distress.

[28 F.R. 14008, Dec. 21, 1963]

Subpart A-Definition of Terms

SOURCE: The provisions of this Subpart A appear at 28 F.R. 14008, Dec. 21, 1963, unless otherwise noted.

to the International Telecommunication Convention, Geneva, 1959, as between the Government of the United States and other Contracting Governments; and such preceding international radio regulations as remain in force between the Government of the United States and other Contracting Governments.

(c) Region 1, Region 2, and Region 3. Those geographic areas defined as "Region 1", "Region 2", and "Region 3" in Article 5 of the International Radio Regulations, Geneva, 1959.

(d) Great Lakes Agreement. The Agreement for the Promotion of Safety on the Great Lakes by Means of Radio and the regulations referred to therein, made by and between the Governments of the United States and Canada, which came into force on November 13, 1954. (e) Any transmission, emission, or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, radio, optical, or other electromagnetic systems.

Telecommunication.

(f) Radiocommunication. Telecommunication by means of radio waves.

(g) Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission.

(h) Station. One or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service. Each station shall be classified by the service in which it -operates permanently or temporarily.

(1) Ship station license. A license authorizing the operation of a ship station, a survival craft station associated with a ship, or a ship radionavigation station.

(j) Person. Includes an individual, partnership, association, joint stock company, trust, or corporation.

(k) Hours of service. The period of time during each calendar day when a station is used, in conformity with the terms of the station authorization, for the rendition of its normal service.

(1) Day. (1) Where the word "day" is applied to the use of a specific frequency assignment or to a specific authorized transmitter-power, such use of the word "day" shall be construed to mean transmission on such frequency

assignment or with such authorized transmitter-power during that period of time included between one hour after local sunrise and one hour before local sunset.

(2) Where the word "day" occurs in reference to watch requirements, or to the provisions of § 83.449, such use of the word "day" shall be construed to mean the calendar day, from midnight to midnight, local ship's time.

(m) Radio district. The territory within each radio district, and the address of the Engineer in Charge of each radio district, is set out in § 0.121 of this chapter

(n) Ship or vessel. "Ship" or "vessel" includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water whether or not it is actually afloat.

(0) Categories of ships. (1) Where use of the term "passenger ship" or "cargo ship" occurs in reference to the provisions of Part II of Title III of the Communications Act, such use of the term shall be construed as follows: A ship is a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. A cargo ship is any ship not a passenger ship.

(2) Where use of the term "passenger ship" or "cargo ship" occurs in reference to the radio provisions of the Safety Convention or in reference to frequency assignment, such use of the term shall be construed as follows: A ship is a passenger ship if it carries more than twelve passengers. A cargo ship is any ship not a passenger ship.

(3) A "commercial transport vessel" is any ship or vessel which is used primarily in commerce (1) for transporting persons or goods to or from any harbor(s) or port(s) or between places within a harbor or port area, or (ii) in connection with the construction, change in construction, servicing, maintenance, repair, loading, unloading, movement, piloting, or salvaging of any other ship or vessel.

(4) The term "passenger carrying vessel", as used in this part solely in reference to requirements of the Great Lakes Agreement, means any vessel transporting persons for hire.

(p) Safety Convention Certificates(1) Nuclear Passenger Ship Safety Cer

tificate. A certificate issued after inspection and survey to a nuclear passenger ship which complies with the relevant requirements of the Safety Convention.

(2) Passenger Ship Safety Certificate. A certificate issued after inspection and survey to a passenger ship which complies with the relevant requirements of the Safety Convention.

(3) Nuclear Cargo Ship Safety Certificate. A certificate issued after inspection and survey to a nuclear cargo ship which complies with the relevant requirements of the Safety Convention.

(4) Cargo Ship Safety Radiotelegraphy Certificate. A certificate issued after inspection to a cargo ship which complies with the Safety Convention radio requirements applicable to cargo ships carrying a radiotelegraph station for the purpose of meeting such requirements.

(5) Cargo Ship Safety Radiotelephony Certificate. A certificate issued after inspection to a cargo ship which complies with the Safety Convention radio requirements applicable to cargo ships carrying a radiotelephone station for the purpose of meeting such requirements.

(6) Exemption Certificate. A certificate issued to a ship which is granted partial, conditional, or complete exemption from applicable provisions of the Safety Convention.

(q) Installed. As used in this part with respect to the requirements of radio apparatus authorized under the provisions of this part for use on board ship or in stations subject to this part, the term "installed" means installed on board the particular ship or in the particular station to which the pertinent rule or regulation, involving the use of this term, is applied.

(r) Great Lakes. This term, as used in this part solely in reference to the Great Lakes Agreement, means all of the Great Lakes, their connecting and tributary waters, and the St. Lawrence River as far east as the lower exit of the Lachine Canal and the Victoria Bridge at Montreal, but shall not include tributary rivers which are not also connecting rivers, and shall not include the Niagara River (including the Black Rock Canal).

(s) Destination. In reference to the Great Lakes Agreement this term means a port which a vessel enters for the purpose of initiating or completing the specific activity which characterizes the vessel. For example, with respect to

vessels carrying passengers or goods, a port at which a vessel, either partially or completely, loads or unloads passengers or goods, would constitute its destination.

(t) Alaska area. For the purpose of frequency assignments to radio services and stations governed by this part, the Alaska area is defined as follows:

The area bounded by a line extending due west-from the end of the southernmost boundary line between Canada and the mainland of southeastern Alaska-to 131° west longitude, thence due south to 54°30' north latitude, thence due west to 142° west longitude, thence due south to 50° north latitude, thence due west to 165° west longitude, thence due south to 47° north latitude, thence due west to the boundary line between Regions 2 and 3 (as this line is defined by the Geneva Radio Regulations, 1959), thence generally northward along this boundary line to 80° north latitude, thence due east to 135° west longitude, thence due south to 70° north latitude, thence due west to 140° west longitude, thence generally southwest to the northern end of the boundary line between the mainland of northern Alaska and Canada, thence following the boundary line between Alaska and Canada to the southernmost point of this line in southeastern Alaska.

NOTE: Reference hereafter in this part to the "Alaska area" includes all of the "Zones" defined in paragraph (b) of this section.

(u) Alaska zones. For the same purpose expressed in paragraph (a) of this section, the Alaska area is subdivided into six zones, defined as follows:

Zone 1. That portion of the Alaska area east of 142° west longitude and south of 61° North latitude.

Zone 2. That portion of the Alaska area bounded on the east by a line south of 61° north latitude which coincides with 142° west longitude, and by a line north of 61° north latitude which coincides with the boundary line between Alaska and Canada, and by a line coinciding with 61° north latitude which joins those two lines; and bounded on the west by a line south of 62° north latitude which coincides with 149° west longitude, thence running due south to 60°30' north latitude, thence due west to 150° west longitude, thence due south to the southern limit of the Alaska area, and bounded on the north by a line coinciding with 62° north latitude.

Zone 3. That portion of the Alaska area bounded on the north by a line which coincides with 62° north latitude and extends eastward from 155° west longitude to 149° west longitude, thence due south to 60°30' north latitude, thence due west to 150° west longitude, thence due south to the southern limit of the Alaska area, thence westward to

(v) "Common carrier" or "carrier". Any person engaged in rendering communications service for hire to the public pursuant to authorization by the state and/or Federal Communications Commission.

[28 F.R. 14008, Dec. 21, 1963, as amended at 30 F.R. 6779, May 19, 1965; 36 F.R. 20970, Nov. 2, 1971]

§ 83.3 Maritime mobile service.

(a) Mobile service. A service of radiocommunication between mobile and land stations, or between mobile stations.

(b) Maritime mobile service. A mobile service between coast stations and ship stations, or between ship stations,

in which survival craft stations may also participate. (Aircraft stations, when transmitting on frequencies allocated to the maritime mobile service, may communicate in this service with ship stations and coast stations.)

(c) Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points.

(d) Ship station. A mobile station in the maritime mobile service located on board a vessel, other than a survival craft, which is not permanently moored.

(e) Public ship station. (1) A ship station open to public correspondence.

(2) Public ship stations authorized for public correspondence are further classified according to their hours of service as designated in this section:

First category. These stations carry on a continuous service for public correspondence. Second category. These stations maintain a service of 16 hours per day for public correspondence as designated in Appendix 12, Radio Regulations, Geneva, 1968 or, in cases of voyages of short duration, as otherwise designated by the Commission in accordance with those Regulations.

Third category. These stations maintain a service of 8 hours per day for public correspondence as designated in Appendix 12, Radio Regulations, Geneva, 1968 or, in cases of voyages of short duration, as otherwise designated by the Commission in accordance with those Regulations.

Fourth category. These stations maintain a service of public correspondence, the duration of which is prescribed but is less than that of stations of the third category, or is not prescribed but is determined by the master of the vessel pursuant to his authority under section 360 of the Communications Act.

(f) Limited ship station. A ship station not open to public correspondence.

(g) Marine-utility ship station. A ship station, readily portable for use as a limited ship station on mobile vessels within a designated local area.

A

(h) Marine-utility coast station. coast station, readily portable for use as a limited coast station at unspecified points ashore within a designated local area.

(i) Marine-utility station. A coast or ship station in the maritime mobile service having a frequency assignment which is available for both marine-utility coast stations and marine-utility ship stations, and licensed under one station authorization to operate as either a marineutility coast station or a marine-utility ship station according to its location, pursuant to the provisions of paragraphs (g) and (h) of this section, at the time it is being operated.

(j) Survival craft station. A mobile station in the maritime or aeronautical mobile service intended solely for survival purposes and located on any lifeboat, liferaft or other survival equipment. [28 F.R. 14008, Dec. 21, 1970, as amended at 36 F.R. 11441, June 12, 1971]

(b) Radiodetermination service. service involving the use of radiodetermination.

(c) Maritime radiodetermination service. A radiodetermination service intended for the benefit of ships.

(d) Radionavigation. Radiodetermination used for the purposes of navigation, including obstruction warning.

(e) Radionavigation service. A radiodetermination service involving the use of radionavigation.

(f) Maritime radionavigation service. A radionavigation service intended for the benefit of ships.

(g) Radionavigation mobile station. A station in the radionavigation service intended to be used while in motion or during halts at unspecified points.

(h) Ship radionavigation station. A radionavigation mobile station located on board a ship and used solely for maritime radionavigation service.

(1) Radar. A radiodetermination system based on the comparison of reference signals with radio signals reflected, or retransmitted, from the position to be determined.

(j) Ship radar station. A ship radionavigation station utilizing radar.

(k) Radiolocation. Radiodetermination used for purposes other than those of radionavigation.

(1) Radiolocation service. A radiodetermination service involving the use of radiolocation.

(m) Maritime radiolocation service. A radiolocation service intended for the benefit of ships.

(n) Radiolocation mobile station. A station in the radiolocation service intended to be used while in motion or during halts at unspecified points.

(0) Ship radiolocation station. A radiolocation mobile station located on board a ship and used solely for maritime radiolocation service.

(p) Ship radiolocation test station. A ship radiolocation station used solely for testing maritime radionavigation apparatus incident to its manufacture, installation, repair, servicing, and/or maintenance.

(q) Radio direction finding. Radiodetermination using the reception of radio waves for the purpose of determining the direction of a station or object.

(r) Direction finder (radio compass). Apparatus capable of receiving clearly