§ 83.803

General exemption orders issued exempting ships from compulsory radio provisions.

(a) Order, May 8, 1957, granting exemption, pursuant to section 352(b)(3) of the Communications Act of 1934, as amended, to all United States passenger vessels of less than 100 gross tons, not subject to the radio provisions of the Safety Convention, from the radiotelegraph provisions of Title III, Part II of the Communications Act of 1934, as amended: Provided, That the vessels are equipped with a radiotelephone installation fully complying with the provisions of Part III of Title III of the Communications Act of 1934, as amended, and the Commission's rules and regulations made pursuant thereto including the requirements with respect to certificates, operators, and listening watches: And provided further, That during the course of the voyages the vessels are not navigated more than 50 nautical miles from the nearest land.

(b) Order, April 22, 1964, granting exemption, pursuant to section 383 of the Communications Act of 1934, as amended, from the provisions of Title III, Part III of the Communications Act of 1934, as amended, to all United States vessels subject thereto which are of less than 50 gross tons and are navigated not more than 1,000 feet from the nearest land at mean low tide.

pose, the alphabetic group of first letters of the name will be selected by using the first word of a trade name omitting "The"; the last name of a personal name; or the last name of the first person appearing in a series of personal names. As examples, the following names would all apply for the third, or "M", group: Marine Communications, Inc.; A. B. Miller and Co.; C. D. Muncey; E. F. Murphy, Alfred Abrams, et al.

[28 F.R. 14067, Dec. 21, 1963, as amended at 30 F.R. 14652, Nov. 25, 1965]

85.61 85.62

85.63 85.64

85.65

Geographic definitions.

Definitions in other parts applicable.

Subpart B-Applications

Authorization required for operation of a radio station. Application precedent to authoriza

tion.

One application for fixed and coast

station.

Affirmative showing of need for

service.

Rules in other parts applicable. Subpart C-Station Authorization

License term.

One authorization for fixed and
coast stations.
Dispatch points.

Discontinuance of operation of a
station on land.

Rules in other parts applicable.

Subpart D-Station and Operating Requirements 85.101 Priority of distress and other signals. 85.102 Practices concerning transmission of public correspondence.

85.103 Hours of service of fixed stations. 85.104 Coast station facilities for 2182 kc/s. 85.105 Fixed and coast station operating arrangements.

85.108 Documents required for fixed stations.

85.107 Documents required for coast stations.

85.108 Documents required for ship stations.

85.109 Fixed and coast station records. 85.110 Ship station records. 85.111 Coast station communication. 85.112 Coast station working frequency required.

Protection of Government services. Alternate transmission on same radio channel.

Frequencies available in all zones. Frequencies available in particular

zones.

85.206 Frequencies for communication with ACS.

85.207 Use of United States Government frequencies.

85.208 Rules in other parts applicable.

Subpart G-Assignment and Use of Maritime Service Frequencies

85.251 Cooperative use of frequency assignments.

85.252 85.253

Protection of Government services. Alternate transmission on the same frequency.

85.254 Frequencies to be used for distress signals.

85.255 Ship station frequencies for use in all zones for telegraphy only. 85.256 Coast station frequencies for use in all zones for telegraphy only. 85.257 Safety frequencies for ship and coast stations in all zones using teleph

contained in the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission to regulate radio transmissions, to issue licenses for radio stations, and to regulate common carriers of interstate and foreign communication.

(b) The purpose of the rules and regulations in this part is to prescribe the manner in which frequencies may be made available for radio-communication, including public correspondence, in the martime mobile service for Alaska and between fixed points on land within Alaska.

[28 F.R. 14069, Dec. 21, 1963]

Subpart A-Definition of Terms

SOURCE: The provisions of this Subpart A appear at 28 F.R. 14069, Dec. 21, 1963, unless otherwise noted.

(a) Alaska Communication System or ACS. The telecommunication system within Alaska and between Alaska and other areas which is operated by the United States Army Signal Corps.

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

(c) Fixed service. A service of radiocommunication between specified fixed points.

(d) Fixed station. A station in the fixed service.

(e) Alaska-public fixed station. A fixed station in Alaska, which is open to public correspondence and is licensed by the Commission for radio-communication between specified fixed points in Alaska exclusively.

(f) Developmental fixed station. A fixed station operated for the express purpose of developing equipment or a technique solely for use only in that portion of the non-government fixed service which has been specifically allocated the authorized frequency (or frequencies) of the developmental fixed station.

(g) Point of communication. This term, when applied to an Alaska-public fixed station, means a specified fixed station or specified geographic location

with which such station is authorized to communicate.

(h) Harmful interference. Any emission, radiation, or induction which endangers the functioning of a radionavigation service or of other safety services, or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with regulations of this chapter.

(i) "Common carrier" or "carrier”. "Common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to the Communications Act of 1934, as amended; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

§ 85.3 Geographic definitions.

(a) 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 degrees west longitude, thence due south to 54 degrees and 30 minutes north latitude, thence due west to 142 degrees west longitude, thence due south to 50 degrees north latitude, thence due west to 165 degrees west longitude, thence due south to 47 degrees 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 degrees north latitude, thence due east to 135 degrees west longitude, thence due south to 70 degrees north latitude, thence due west to 140 degrees 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.

(b) 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 degrees west longitude and south of 61 degrees north latitude.

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

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

thence westward to 155 degrees west longitude, thence due north to 62 degrees north latitude.

Zone 4. That portion of the Alaska ares west of 155 degrees west longitude which is bounded on the north by a line coinciding with 62 degrees north latitude extending due west to 164 degrees west longitude, thence bounded on the west by a line coinciding with 164 degrees west longitude extending due south to 58 degrees north latitude. thence bounded on the north by a line coinciding with 58 degrees north latitude extending due west to the western boundary of the Alaska area.

Zone 5. That portion of the Alaska ares west of 155 degrees west longitude which is not included in Zone 4.

Zone 6. That portion of the Alaska area east of 155 degrees west longitude and north of 62 degrees north latitude.

§ 85.4 Definitions in other parts applicable.

(a) The definitions set forth in the rules and regulations governing stations in the maritime services (Subpart A of Parts 81 and 83 of this chapter) shall apply to stations of these services in the Alaska area so far as they are consistent with this part.

(b) The definitions set forth in the following sections of Subpart A of Part 81 of this chapter shall apply to stations of the fixed service subject to this part: §§ 81.2(a) to and including 81.2(h), 81.2(j), 81.5(c), 81.7(a) to and including 81.7(h), 81.7(j), 81.7 (m), 81.7(n), 81.8, 81.139, and 81.188.

[28 F.R. 14069, Dec. 21, 1963, as amended at 32 F.R. 6936, May 5, 1967]

Subpart B-Applications

SOURCE: The provisions of this Subpart B appear at 28 F.R. 14070, Dec. 21, 1963, unless otherwise noted.

§ 85.21

Authorization required for operation of a radio station.

(a) Any radio station required by the Communications Act to be licensed shall not be operated in any service regulated by this part except under and in accordance with a valid station authorization granted by the Commission. Further, the operation of such apparatus shall be conducted in conformity with the provisions of statute, international treaty or agreement, and the rules of the Commission relative to the licensing of operators.

NOTE: The Commission has exempted certain low power radio devices from its general licensing requirements; the extent of this exemption and related matters are set forth in Part 15, "Radio Frequency Devices", of this chapter. Licensing procedures and exemptions applicable to radio apparatus used for medical purposes, industrial heating, and other miscellaneous purposes not involving radiocommunication are set forth in Part 18, "Industrial, Scientific, and Medical Equipment", of this chapter.

(b) No license shall be issued by the Commission for the operation of any station on land subject to this part for which a permit for construction is required unless such permit has first been granted by the Commission upon written application therefor: Provided, That when applications for related construction permit and station license are filed under and in accordance with the provisions of § 81.39 (a) (2) of this chapter, a construction permit and station license for a fixed or coast station subject to this part may be granted at the same time.

§ 85.22 Application precedent to authorization.

(a) Except as otherwise provided in §§ 81.26 and 81.41 of this chapter in respect to stations on land (including Alaska-public fixed stations), and in

§§ 83.26, 83.41, and 83.42 of this chapter in respect to radio stations on board ship, no authorization will be granted for use or operation of any radio station subject to this part unless formal written application therefor in proper form first is filed with the Commission. Except as otherwise permitted by § 85.23 or by applicable rules in Parts 81 and 83 of this chapter (including such rule sections applicable to Alaska-public fixed stations as are designated in § 85.24), a separate application shall be filed in respect to each station and service subject to this part. Except as otherwise provided in §§ 81.32, 81.36, and 81.41 of this chapter in respect to stations on land (including Alaska-public fixed stations), and in §§ 83.35, 83.41, and 83.42 of this chapter in respect to radio stations on board ship, an application in writing should be filed at least 60 days prior to the earliest date on which it is desired that the requested authorization (or change in authorization) be granted by the Commission in order that action thereon may be taken by that date. Each application shall be specific and complete with regard to the information requested in the application form or otherwise specifically requested by the Commission.

(b) All applications, except those for renewal of station license, for authority to establish or operate stations (other than ship stations) in the Alaska area subject to this part, including correspondence relating thereto, shall be filed in triplicate with the Commission's Engineer in Charge at Seattle, Washington. The provision of this paragraph shall apply to each application for construction permit, license, or modification of construction permit or license.

(c) All applications for renewal of station license (when continued operation without change is desired) shall be filed with the Commission.

(d) All applications for authority to operate ship stations, including correspondence relating thereto, shall be filed with the Commission, or with respect to applications for interim ship station licenses made pursuant to § 83.35 of this chapter, at a Field Engineering Office of the Commission. Unless otherwise specified in a particular case or for a particular form, each application shall be filed in original only. The provisions of this paragraph shall apply to each application for license, modification of license, or renewal of license.