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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

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                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 13—COMMERCIAL RADIO OPERATORS
   ___________________________________

   Section Contents
   General
   § 13.1   Basis and purpose.
   § 13.3   Definitions.
   § 13.5   Licensed commercial radio operator required.
   § 13.7   Classification of operator licenses and endorsements.
   § 13.8   Authority conveyed.
   § 13.9   Eligibility and application for new license or endorsement.
   § 13.10   Licensee address.
   § 13.11   Holding more than one commercial radio operator license.
   § 13.13   Application for a 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 operator license or endorsement.
   § 13.203   Examination elements.
   § 13.207   Preparing an examination.
   § 13.209   Examination procedures.
   § 13.211   Commercial radio operator license examination.
   § 13.213   COLEM qualifications.
   § 13.215   Question pools.
   § 13.217   Records.
   ___________________________________

   Authority:   Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 154,
   303.

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

General

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§ 13.1   Basis and purpose.

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   (a)  Basis.  The  basis  for  the  rules contained 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) Purpose. The purpose of the rules in this part is to prescribe the
   manner and conditions under which commercial radio operators are licensed by
   the Commission.

§ 13.3   Definitions.

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   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
   specified in §13.7(b).

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

   (d) FCC. Federal Communications Commission.

   (e) International Morse Code. A dot-dash code as defined in International
   Telegraph and Telephone Consultative Committee (CCITT) Recommendation F.1
   (1984), Division B, I. Morse code.

   (f) ITU. International Telecommunication Union.

   (g) PPC. Proof-of-Passing Certificate.

   (h)  Question pool. All current examination questions for a designated
   written examination element.

   (i) Question set. A series of examination questions on a given examination
   selected from the current question pool.

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

§ 13.5   Licensed commercial radio operator required.

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

   [ 63 FR 68942 , Dec. 14, 1998]

§ 13.7   Classification of operator licenses and endorsements.

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   (a) Commercial radio operator licenses issued by the FCC are classified in
   accordance with the Radio Regulations of the ITU.

   (b) There are ten types of commercial radio operator licenses, certificates
   and permits (licenses). The license's ITU classification, if different from
   its name, is given in parentheses.

   (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)  Restricted  GMDSS Radio Operator's License (restricted operator's
   certificate).

   (10) GMDSS Radio Maintainer's License (technical portion of the first-class
   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  Radiotelephone  Operator  License, GMDSS Radio
   Maintainer'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)(i) If a person is afflicted with an uncorrected 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.

   (ii)  In the case of a license that does not require an examination in
   technical radio matters, the endorsement specified in paragraph (c)(6)(i) of
   this  section  will  be  modified by deleting the reference therein to
   installation, service, and maintenance duties.

   (iii) 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)(i) 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.

   [ 58 FR 9124 , Feb. 19, 1993;  58 FR 12632 , Mar. 5, 1993, as amended at  68 FR 46958 , Aug. 7, 2003]

§ 13.8   Authority conveyed.

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   Licenses, certificates and permits issued under this part convey authority
   for the operating privileges of other licenses, certificates, and permits
   issued under this part as specified below:

   (a) First Class Radiotelegraph Operator's Certificate conveys all of the
   operating  authority  of  the  Second  Class Radiotelegraph Operator's
   Certificate, the Third Class Radiotelegraph Operator's Certificate, the
   Restricted Radiotelophone Operator Permit, and the Marine Radio Operator
   Permit.

   (b) A Second Class Radiotelegraph Operator's Certificate conveys all of the
   operating  authority  of  the  Third  Class  Radiotelegraph Operator's
   Certificate, the Restricted Radiotelophone Operator Permit, and the Marine
   Radio Operator Permit.

   (c) A Third Class Radiotelegraph Operator's Certificate conveys all of the
   operating authority of the Restricted Radiotelophone Operator Permit and the
   Marine Radio Operator Permit.

   (d) A General Radiotelephone Operator License conveys all of the operating
   authority of the Marine Radio Operator Permit.

   (e) A GMDSS Radio Operator's License conveys all of the operating authority
   of the Marine Radio Operator Permit.

   (f)  A  GMDSS  Radio Maintainer's License conveys all of the operating
   authority of the General Radiotelephone Operator License and the Marine
   Radio Operator Permit.

   [ 64 FR 53240 , Oct. 1, 1999]

§ 13.9   Eligibility and application for new license or endorsement.

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   (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
   §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 §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 GMDSS Radio Operator/Maintainer License must be
   accompanied by the required fee, if any, and submitted in accordance with
   §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 §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]

§ 13.10   Licensee address.

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   In accordance with §1.923 of this chapter all applications must specify an
   address where the applicant can receive mail delivery by the United States
   Postal Service except as specified below:

   (a) Applicants for a Restricted Radiotelephone Operator Permit;

   (b) Applicants for a Restricted Radiotelephone Operator Permit—Limited Use.

   [ 64 FR 53240 , Oct. 1, 1999]

§ 13.11   Holding more than one commercial radio operator license.

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   (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.

§ 13.13   Application for a renewed or modified license.

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   (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, Restricted GMDSS Radio Operator's License, GMDSS
   Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must
   be  made  on  FCC Form 605. The application must be accompanied by the
   appropriate fee and submitted in accordance with §1.913 of this chapter.

   (b) 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 in accordance with §1.913 of this chapter. 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 filed on
   FCC Form 605. Each application for a commercial operator license involving a
   change in operator class must be accompanied by the required fee, if any,
   and submitted in accordance with §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 examinations 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) 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 holding a 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, GMDSS Radio Operator's License,
   Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License,
   or GMDSS Radio Operator/Maintainer license, who has an application for
   another commercial radio operator license which has not yet been acted upon
   pending at the FCC 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 license for which the application
   is filed. This temporary conditional operating authority is valid for a
   period of 90 days from the date the application is received. This temporary
   conditional  operating  authority does not relieve the licensee of the
   obligation to comply with the certification requirements of the Standards of
   Training, Certification and Watchkeeping (STCW) Convention. The FCC, in its
   discretion,  may cancel this temporary conditional operating authority
   without a hearing.

   (e)  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
   document granted before April 15, 2000: Telegraphy Elements 1 and 2.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  60 FR 27699 , May 25, 1995;  63 FR 68942 , Dec. 14, 1998;  66 FR 20752 , Apr. 25, 2001;  68 FR 46959 , Aug. 7, 2003]

§ 13.15   License term.

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   (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.

   (b) General Radiotelephone Operator Licenses, Restricted Radiotelephone
   Operator Permits, and Restricted Radiotelephone Operator Permits-Limited Use
   are  normally  valid  for the lifetime of the holder. The terms of all
   Restricted Radiotelephone Operator Permits issued prior to November 15,
   1953, and valid on that date, are extended to the lifetime of the operator.

§ 13.17   Replacement license.

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   (a) Each licensee or permittee whose original document is lost, mutilated,
   or destroyed must request a replacement. The application must be accompanied
   by the required fee and submitted to the address specified in part 1 of the
   rules.

   (b) Each application for a replacement 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, GMDSS Radio Operator's License,
   Restricted GMDSS Radio Operator License, GMDSS Radio Maintainer's License,
   or GMDSS Radio Operator/Maintainer license must be made on FCC Form 605 and
   must include a written explanation as to the circumstances involved in the
   loss, mutilation, or destruction of the original document.

   (c) Each application for a replacement Restricted Radiotelephone Operator
   Permit must be on FCC Form 605.

   (d) Each application for a replacement Restricted Radiotelephone Operator
   Permit-Limited Use must be on FCC Form 605.

   (e)  A licensee who has made application for a replacement license may
   exhibit a copy of the application submitted to the FCC or a photocopy of the
   license in lieu of the original document.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  63 FR 68942 , Dec. 14, 1998;  68 FR 46959 , Aug. 7, 2003]

§ 13.19   Operator's responsibility.

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   (a) The operator responsible for maintenance of a transmitter may permit
   other persons to adjust that transmitter in the operator's presence for the
   purpose of carrying out tests or making adjustments requiring specialized
   knowledge or skill, provided that he or she shall not be relieved thereby
   from responsibility for the proper operation of the equipment.

   (b) In every case where a station operating log or service and maintenance
   log is required, the operator responsible for the station operation or
   maintenance  shall make the required entries in the station log. If no
   station log is required, the operator responsible for service or maintenance
   duties which may affect the proper operation of the station shall sign and
   date an entry in the station maintenance records giving:

   (1) Pertinent details of all service and maintenance work performed by the
   operator or conducted under his or her supervision;

   (2) His or her name and address; and

   (3) The class, serial number and expiration date of the license when the FCC
   has issued the operator a license, or the PPC serial number(s) and date(s)
   of issue when the operator is awaiting FCC action on an application.

   (c) When the operator is on duty and in charge of transmitting systems, or
   performing service, maintenance or inspection functions, the license or
   permit document, or a photocopy thereof, or a copy of the application and
   PPC(s) received by the FCC, must be posted or in the operator's personal
   possession,  and  available  for  inspection  upon  request  by  a FCC
   representative.

   (d)  The  operator  on  duty and in charge of transmitting systems, or
   performing  service, maintenance or inspection functions, shall not be
   subject to the requirements of paragraph (b) of this section at a station,
   or stations of one licensee at a single location, at which the operator is
   regularly employed and at which his or her license, or a photocopy, is
   posted.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  60 FR 27700 , May 25, 1995]

Examination System

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§ 13.201   Qualifying for a commercial operator license or endorsement.

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   (a)  To be qualified to hold any commercial radio operator license, an
   applicant must have a satisfactory knowledge of FCC rules and must have the
   ability to send correctly and receive correctly spoken messages in the
   English language.

   (b)  An  applicant  must pass an examination for the issuance of a new
   commercial radio operator license, other than the Restricted Radiotelephone
   Operator Permit and the Restricted Radiotelephone Operator Permit-Limited
   Use,  and for each change in operator class. An applicant must pass an
   examination  for  the  issuance  of a new Ship Radar Endorsement. Each
   application for the class of license or endorsement specified below must
   pass,  or  otherwise receive credit for, the corresponding examination
   elements:

   (1) First Class Radiotelegraph Operator's Certificate.

   (i) Telegraphy Elements 3 and 4;

   (ii) Written Elements 1, 5, and 6;

   (iii) Applicant must be at least 21 years old;

   (iv) Applicant must have one year of experience in sending and receiving
   public correspondence by radiotelegraph at a public coast station, a ship
   station, or both.

   (2) Second Class Radiotelegraph Operator's Certificate.

   (i) Telegraphy Elements 1 and 2;

   (ii) Written Elements 1, 5, and 6.

   (3) Third Class Radiotelegraph Operator's Certificate.

   (i) Telegraphy Elements 1 and 2;

   (ii) Written Elements 1 and 5.

   (4) General Radiotelephone Operator License: Written Elements 1 and 3.

   (5) Marine Radio Operator Permit: Written Element 1.

   (6) GMDSS Radio Operator's License: Written Elements 1 and 7, or a Proof of
   Passing Certificate (PPC) issued by the United States Coast Guard or its
   designee  representing  a  certificate  of  competency  from  a  Coast
   Guard-approved training course for a GMDSS endorsement.

   (7) Restricted GMDSS Radio Operator License: Written Elements 1 and 7R, or a
   Proof of Passing Certificate (PPC) issued by the United States Coast Guard
   or  its designee representing a certificate of competency from a Coast
   Guard-approved training course for a GMDSS endorsement.

   (8) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9.

   (9) Ship Radar Endorsement: Written Element 8.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  59 FR 3795 , Jan. 27, 1994;  68 FR 46959 , Aug. 7, 2003]

§ 13.203   Examination elements.

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   (a) A written examination (written Element) must prove that the examinee
   possesses the operational and technical qualifications to perform the duties
   required  by  a person holding that class of commercial radio operator
   license. Each written examination must be comprised of a question set as
   follows:

   (1) Element 1 (formerly Elements 1 and 2): Basic radio law and operating
   practice with which every maritime radio operator should be familiar. 24
   questions  concerning  provisions  of laws, treaties, regulations, and
   operating  procedures  and practices generally followed or required in
   communicating by means of radiotelephone stations. The minimum passing score
   is 18 questions answered correctly.

   (2) Element 3: General radiotelephone. 76 questions concerning electronic
   fundamentals and techniques required to adjust, repair, and maintain radio
   transmitters and receivers at stations licensed by the FCC in the aviation,
   maritime, and international fixed public radio services. The minimum passing
   score is 57 questions answered correctly.

   (3) Element 5: Radiotelegraph operating practice. 50 questions concerning
   radio operating procedures and practices generally followed or required in
   communicating by means of radiotelegraph stations primarily other than in
   the maritime mobile services of public correspondence. The minimum passing
   score is 38 questions answered correctly.

   (4) Element 6: Advanced radiotelegraph. 100 questions concerning technical,
   legal  and other matters applicable to the operation of all classes of
   radiotelegraph stations, including operating procedures and practices in the
   maritime mobile services of public correspondence, and associated matters
   such as radio navigational aids, message traffic routing and accounting,
   etc. The minimum passing score is 75 questions answered correctly.

   (5) Element 7: GMDSS radio operating practices. 100 questions concerning
   GMDSS radio operating procedures and practices sufficient to show detailed
   practical knowledge of the operation of all GMDSS sub-systems and equipment;
   ability to send and receive correctly by radio telephone and narrow-band
   direct-printing telegraphy; detailed knowledge of the regulations applying
   to radio communications, knowledge of the documents relating to charges for
   radio communications and knowledge of those provisions of the International
   Convention for the Safety of Life at Sea which relate to radio; sufficient
   knowledge of English to be able to express oneself satisfactorily both
   orally and in writing; knowledge of and ability to perform each function
   listed in §80.1081; and knowledge covering the requirements set forth in IMO
   Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. The
   minimum passing score is 75 questions answered correctly.

   (6) Element 7R: Restricted GMDSS radio operating practices. 50 questions
   concerning those GMDSS radio operating procedures and practices that are
   applicable to ship stations on vessels that sail exclusively in sea area A1,
   as  defined  in  §80.1069 of this chapter, sufficient to show detailed
   practical knowledge of the operation of pertinent GMDSS sub-systems and
   equipment; ability to send and receive correctly by radio telephone and
   narrow-band  direct-printing  telegraphy;  detailed  knowledge  of the
   regulations governing radio communications within sea area A1, knowledge of
   the pertinent documents relating to charges for radio communications and
   knowledge of the pertinent provisions of the International Convention for
   the Safety of Life at Sea; sufficient knowledge of English to be able to
   express oneself satisfactorily both orally and in writing; knowledge of and
   ability to perform each pertinent function listed in §80.1081; and knowledge
   covering the pertinent requirements set forth in IMO Assembly Resolution on
   Training for Radio Personnel (GMDSS), Annex 3. The minimum passing score is
   38 questions answered correctly.

   (7) Element 8: Ship radar techniques. 50 questions concerning specialized
   theory and practice applicable to the proper installation, servicing and
   maintenance of ship radar equipment in general use for marine navigational
   purposes. The minimum passing score is 38 questions answered correctly.

   (8)  Element  9:  GMDSS radio maintenance practices and procedures. 50
   questions concerning the requirements set forth in IMO Assembly on Training
   for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance
   Guidelines for the Global Maritime Distress and Safety System related to Sea
   Areas  A3  and  A4. The minimum passing score is 38 questions answered
   correctly.

   (b) A telegraphy examination (telegraphy Elements) must prove that the
   examinee has the ability to send correctly by hand and to receive correctly
   by ear texts in the international Morse code at not less than the prescribed
   speed, using all the letters of the alphabet, numerals 0–9, period, comma,
   question mark, slant mark, and prosigns AR, BT, and SK. 

   (1) Telegraphy Element 1: 16 code groups per minute.

   (2) Telegraphy Element 2: 20 words per minute.

   (3) Telegraphy Element 3: 20 code groups per minute.

   (4) Telegraphy Element 4: 25 words per minute.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  69 FR 64671 , Nov. 8, 2004]

§ 13.207   Preparing an examination.

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   (a) Each telegraphy message and each written question set administered to an
   examinee for a commercial radio operator license must be provided by a
   COLEM.

   (b) Each question set administered to an examinee must utilize questions
   taken from the applicable Element question pool. The COLEM may obtain the
   written question sets from a supplier or other COLEM.

   (c) A telegraphy examination must consist of a plain language text or code
   group message sent in the international Morse code at no less than the
   prescribed speed for a minimum of five minutes. The message must contain
   each required telegraphy character at least once. No message known to the
   examinee may be administered in a telegraphy examination. Each five letters
   of the alphabet must be counted as one word or one code group. Each numeral,
   punctuation  mark,  and  prosign must be counted as two letters of the
   alphabet. The COLEM may obtain the telegraphy message from a supplier or
   other COLEM.

§ 13.209   Examination procedures.

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   (a)  Each  examination for a commercial radio operator license must be
   administered at a location and a time specified by the COLEM. The COLEM is
   responsible  for  the proper conduct and necessary supervision of each
   examination. The COLEM must immediately terminate the examination upon
   failure of the examinee to comply with its instructions.

   (b)  Each  examinee, when taking an examination for a commercial radio
   operator license, shall comply with the instructions of the COLEM.

   (c) No examination that has been compromised shall be administered to any
   examinee. Neither the same telegraphy message nor the same question set may
   be re-administered to the same examinee.

   (d) Passing a telegraphy examination.

   (1) To pass a receiving telegraphy examination, an examinee is required to
   receive correctly the message by ear, for a period of 1 minute without error
   at the rate of speed specified in §13.203 for the class of license sought.

   (2) To pass a sending telegraphy examination, an examinee is required to
   send correctly for a period of 1 minute at the rate of speed prescribed in
   §13.203(b) for the class of license sought.

   (e) Passing a telegraphy receiving examination is adequate proof of an
   examinee's ability to both send and receive telegraphy. The COLEM, however,
   may also include a sending segment in a telegraphy examination.

   (f)  The  COLEM  is  responsible for determining the correctness of he
   examinee's answers. When the examinee does not score a passing grade on an
   examination element, the COLEM must inform the examinee of the grade.

   (g) When the examinee is credited for all examination elements required for
   the commercial operator license sought, the examinee may apply to the FCC
   for the license.

   (h) No applicant who is eligible to apply for any commercial radio operator
   license shall, by reason of any physical handicap, be denied the privilege
   of  applying  and  being  permitted  to  attempt  to  prove his or her
   qualifications  (by  examination  if examination is required) for such
   commercial radio operator license in accordance with procedures established
   by the COLEM.

   (i) The COLEM must accommodate an examinee whose physical disabilities
   require a special examination procedure. The COLEM may require a physician's
   certification indicating the nature of the disability before determining
   which, if any, special procedures are appropriate to use. In the case of a
   blind examinee, the examination questions may be read aloud and the examinee
   may answer orally. A blind examinee wishing to use this procedure must make
   arrangements with the COLEM prior to the date the examination is desired.

   (j) The FCC may:

   (1) Administer any examination element itself.

   (2) Readminister any examination element previously administered by a COLEM,
   either  itself  or  by  designating  another COLEM to readminister the
   examination element.

   (3) Cancel the commercial operator license(s) of any licensee who fails to
   appear for re-administration of an examination when directed by the FCC, or
   who fails any required element that is re-administered. In case of such
   cancellation, the person will be issued an operator license consistent with
   completed  examination  elements that have not been invalidated by not
   appearing for, or by failing, the examination upon re-administration.

§ 13.211   Commercial radio operator license examination.

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   (a)  Each session where an examination for a commercial radio operator
   license is administered must be managed by a COLEM or the FCC.

   (b)  Each  examination for a commercial radio operator license must be
   administered as determined by the COLEM.

   (c) The COLEM may limit the number of candidates at any examination.

   (d)  The  COLEM may prohibit from the examination area items the COLEM
   determines could compromise the integrity of an examination or distract
   examinees.

   (e) Within 10 days of completion of the examination element(s), the COLEM
   must provide the results of the examination to the examinee and the COLEM
   must issue a PPC to an examinee who scores a passing grade on an examination
   element.

   (f) A PPC is valid for 365 days from the date it is issued.

§ 13.213   COLEM qualifications.

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   No  entity  may  serve as a COLEM unless it has entered into a written
   agreement with the FCC. In order to be eligible to be a COLEM, the entity
   must:

   (a) Agree to abide by the terms of the agreement;

   (b) Be capable of serving as a COLEM;

   (c) Agree to coordinate examinations for one or more types of commercial
   radio operator licenses and/or endorsements;

   (d) Agree to assure that, for any examination, every examinee eligible under
   these rules is registered without regard to race, sex, religion, national
   origin or membership (or lack thereof) in any organization;

   (e)  Agree  to make any examination records available to the FCC, upon
   request.

   (f) Agree not to administer an examination to an employee, relative, or
   relative of an employee.

§ 13.215   Question pools.

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   The question pool for each written examination element will be composed of
   questions acceptable to the FCC. Each question pool must contain at least 5
   times the number of questions required for a single examination. The FCC
   will issue public announcements detailing the questions in the pool for each
   element. COLEMs must use only the most recent question pool made available
   to  the public when preparing a question set for a written examination
   element.

§ 13.217   Records.

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   Each COLEM recovering fees from examinees must maintain records of expenses
   and revenues, frequency of examinations administered, and examination pass
   rates. Records must cover the period from January 1 to December 31 of the
   preceding year and must be submitted as directed by the Commission. Each
   COLEM must retain records for 1 year and the records must be made available
   to the FCC upon request.
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