Sec.  23.46   Operators, class required and general duties.

   (a) The operation and control of all transmitting apparatus licensed at a
   station in the international fixed public radiocommunication services shall
   be carried on only by a person holding a valid operator license issued by
   the Commission, except as provided in other paragraphs of this section.

   (b) Classes of operator licenses required are as follows:

   (1) Radiotelegraph stations: Radio-telegraph or Radiotelephone first- or
   second-class license: Provided, however: 

   (i)  If  manual  morse  code  keying  is  used for transmitting public
   correspondence, the person manipulating the telegraph key shall be the
   holder  of  a radio-telegraph first- or second-class license except as
   provided by paragraph (b)(1)(iv) of this section;

   (ii)  If  manual  morse  code  keying is used only for the purposes of
   identification or for sending service messages, the person manipulating the
   telegraph key shall be the holder of a radiotelegraph third-class permit or
   higher class of radiotelegraph license except as provided by paragraph
   (b)(1)(iv) of this section;

   (iii) If automatic keying equipment is used, the operator of such equipment
   may send short service signals (requests for repeats, etc.) by manual morse
   code without being the holder of a radio operator license.

   (iv) Unlicensed telegraph operators of appropriate skill as determined by
   the  radio  station  licensee  may  manipulate  the  telegraph  key of
   radiotelegraph stations provided that properly licensed radiotelegraph
   operators are on duty at the transmitting station or authorized remote
   control point and that such licensed operators are fully responsible for the
   proper operation of the transmitting equipment.

   (2) Radiotelephone stations: Radiotelephone first- or second-class license:
   Provided,  however,  that,  if manual morse code keying is employed in
   accordance with  Sec. 23.12, the person manipulating the telegraph key shall be
   the holder of a valid radiotelegraph third-class permit or higher class of
   radiotelegraph license.

   (3) Radiotelegraph-Radiotelephone stations: Provisions under paragraph
   (b)(1) of this section are applicable.

   (4) International control stations: Radiotelegraph or radiotelephone first-
   or second-class license.

   (c) One or more licensed operators of the grade specified in paragraph (b)
   of  this  section shall be on duty at the place where the transmitting
   apparatus is located and in actual charge thereof when it is being operated:
   Provided, however, That:

   (1) In case of stations in these services operating on frequencies above 30
   MHz, the Commission may authorize unattended operation upon application
   therefor and showing that the equipment is so designed and constructed as to
   make such operation feasible. When such unattended operation is authorized,
   properly licensed operators shall be on duty at a terminal of the system of
   which the unattended station or stations are a part or shall be available on
   call to perform necessary maintenance duties.

   (2) In the case of a station where remote control is used, the Commission
   may grant authority to employ an operator or operators at the control point
   in lieu of the place where the transmitting apparatus is located, provided
   that the following conditions are complied with:

   (i) The transmitter shall be so installed and protected that it is not
   accessible to other than duly authorized persons.

   (ii) A device shall be provided at the remote control point which gives a
   continuous visual indication whenever the control circuits have been placed
   in a condition to activate the radio transmitting apparatus.

   (iii)  Provision  shall  be  made to monitor aurally all transmissions
   originating under control of the responsible operator at the remote point.

   (iv) The radiation of the transmitter shall be suspended immediately when
   there is a deviation from the terms of the station license or applicable
   provisions of this chapter.

   (v)  When remote control of a transmitter is performed from a separate
   location such as a message center or telephone exchange and manual morse
   code keying is not used, the operator(s) at that point need not be licensed
   by the Commission provided that licensed operator(s) are on duty at the
   transmitter location or authorized remote control point at all times that
   the station is in operation, and they are fully responsible for the proper
   operation of the transmitting equipment. If manual morse code keying is used
   at  a remote control point, the provisions of paragraph (b)(1) of this
   section shall apply.

   (3) When a radio station is radiating, all adjustments or tests during or
   coincident  with  the installation and servicing or maintenance of the
   transmitter and its associated equipment which may affect the quality of
   transmission or possibly cause the station radiation to exceed the limits
   specified in its instrument of authorization or in the rules pertaining to
   such  station  shall be made by or under the immediate supervision and
   responsibility  of  a  person holding the proper license, who shall be
   responsible  for  the  proper  functioning  of the radio facilities. A
   radiotelephone station must be under the supervision of a person holding a
   radiotelephone or radiotelegraph first- or second-class license, and a
   radiotelegraph station must be under the supervision of a person holding a
   radiotelegraph first- or second-class license.

   (4) When a radio station is not radiating, persons of appropriate technical
   skill, who are not licensed radio operators, may perform the functions
   described in paragraph (c)(3) of this section without direct supervision
   after having been authorized to do so by the responsible licensed operator
   under whose immediate supervision the facilities shall thereafter initially
   be placed in operation and be determined to be operating properly.

   [ 38 FR 22480 , Aug. 21, 1973]