§  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 § 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]