Sec.  13.9   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 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
    Sec. 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  Sec. 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
    Sec. 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  Sec. 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]