47 U.S.C. § 353 — Radio equipment and operators

Page 220 TITLE 47—TELECOMMUNICATIONS § 353 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. EXEMPTION OF COMMERCIAL FISHING VESSELS OPER- ATING IN ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8336, Jan. 1, 2021, 134 Stat. 4708, provided that: ‘‘(a) DEFINITION OF SECRETARY.—In this section, the term ‘Secretary’ means the Secretary of the depart- ment in which the Coast Guard is operating. ‘‘(b) EXEMPTION.—Subject to subsection (c), the Fed- eral Communications Commission shall exempt fishing vessels that primarily operate in the Alaskan Region, including fishing vessels that transit from States in the Pacific Northwest to conduct fishing operations in the Alaskan Region, from the requirements relating to car- riage of VHF–DSC and MF–DSC equipment under sub- part W of part 80 of title 47, Code of Federal Regula- tions, or any successor regulation. ‘‘(c) FUNCTIONAL REQUIREMENTS.—A fishing vessel ex- empted under subsection (b) shall— ‘‘(1) be capable of transmitting ship-to-shore dis- tress alerts using not fewer than 2 separate and inde- pendent systems, each using a different radio commu- nication service; ‘‘(2) be equipped with— ‘‘(A) a VHF radiotelephone installation; ‘‘(B) an MF or HF radiotelephone installation; ‘‘(C) a Category 1, 406.0–406.1 MHz EPIRB meeting the requirements of section 80.1061 of title 47, Code of Federal Regulations, or any successor regula- tion; ‘‘(D) a NAVTEX receiver meeting the require- ments of section 80.1101(c)(1) of title 47, Code of Fed- eral Regulations, or any successor regulation; ‘‘(E) survival craft equipment meeting the re- quirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and ‘‘(F) a Search and Rescue Transponder meeting the requirements of section 80.1101(c)(6) of title 47, Code of Federal Regulations, or any successor regu- lation; ‘‘(3) maintain a continuous watch on VHF Channel 16; and ‘‘(4) as an alternative to the equipment listed in subparagraphs (A) through (F) of paragraph (2), carry equipment found by the Federal Communications Commission, in consultation with the Secretary, to be equivalent or superior with respect to ensuring the safety of the vessel. ‘‘(d) DEFINITION OF ALASKAN REGION.—Not later than 30 days after the date of enactment of this Act [Jan. 1, 2021], the Secretary shall define the term ‘Alaskan Re- gion’ for purposes of this section. The Secretary shall include in the definition of such term the area of re- sponsibility of Coast Guard District 17.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of United States Maritime Commission, see Reorg. Plan No. 21 of 1950 and Reorg. Plan No. 7 of 1961, set out in the Appendix to Title 5, Government Organization and Employees. § 353. Radio equipment and operators (a) Two radio officers required Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safety purposes, carry at least two radio officers. (b) One radio officer required A cargo ship which in accordance with this part is equipped with a radiotelegraph station, which is equipped with a radiotelegraph auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months’ previous service in the aggregate as a radio officer in a station on board a ship or ships of the United States. (c) Required watches Each ship of the United States which in ac- cordance with this part is equipped with a radio- telegraph station shall, while being navigated in the open sea outside of a harbor or port, keep a continuous watch by means of radio officers whenever the station is not being used for au- thorized traffic: Provided, That, in lieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper operating condition, a watch of at least eight hours per day, in the ag- gregate, shall be maintained by means of a radio officer. (d) Hours of watch The Commission shall, when it finds it nec- essary for safety purposes, have authority to prescribe the particular hours of watch on a ship of the United States which in accordance with this part is equipped with a radiotelegraph sta- tion. (e) Operational status of auto alarms in open sea On all ships of the United States equipped with a radiotelegraph auto alarm, said appa- ratus shall be in operation at all times while the ship is being navigated in the open sea outside of a harbor or port when the radio officer is not on watch. (June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193; amended July 8, 1941, ch. 278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25, 1947, ch. 327, § 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729, § 1(d), 68 Stat. 705; Pub. L. 89–121, § 4, Aug. 13, 1965, 79 Stat. 513.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121, among other changes, sub- stituted wherever appearing ‘‘radiotelegraph station’’ for ‘‘radiotelegraph installation’’, ‘‘radiotelegraph auto alarm’’ for ‘‘auto-alarm’’, and ‘‘radio officer’’ and ‘‘radio officers’’ for ‘‘qualified operator’’ and ‘‘qualified operators’’, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic, and inserted ‘‘while being navigated in the open sea’’ in two places. 1954—Act Aug. 13, 1954, amended section to make clear that it applies only to ships equipped with a ra- diotelegraph installation, not those fitted with a radio- telephone installation. 1943—Subsec. (b). Act June 22, 1943, substituted ‘‘the termination of such emergency or such earlier date as Congress by concurrent resolution may designate’’ for ‘‘June 30, 1943’’. 1941—Subsec. (b). Act July 8, 1941, inserted exception respecting national emergency. Page 221 TITLE 47—TELECOMMUNICATIONS § 354 Statutory Notes and Related Subsidiaries PARTIAL REPEAL EFFECTIVE JULY 1, 1948 Acts July 8, 1941, and June 22, 1943, which amended subsec. (b) of this section by adding the clause author- izing suspension or modification of the service require- ment during the emergency, were repealed, effective July 1, 1948, by act July 25, 1947, which provided that such acts should remain in full force and effect until such date. EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. APPROVAL OF OPERATORS BY SECRETARY OF NAVY DURING WAR Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28, 1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, prohibiting employment of radio operators who were disapproved by the Sec- retary of the Navy during World War II, was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449. § 353a. Operators and watches on radiotelephone equipped ships (a) Each cargo ship which in accordance with this part is equipped with a radiotelephone sta- tion shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew. (b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navi- gated in the open sea outside of a harbor or port, maintain continuous watch whenever the sta- tion is not being used for authorized traffic. (June 19, 1934, ch. 652, title III, § 354, as added Aug. 13, 1954, ch. 729, § 2(b), 68 Stat. 706; amended Pub. L. 89–121, § 5, Aug. 13, 1965, 79 Stat. 514.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–121 substituted ‘‘radiotelephone sta- tion’’ for ‘‘radiotelephone installation’’ in two places, and ‘‘one operator who may be the master, an officer, or a member of the crew’’ for ‘‘one qualified operator who may be a member of the crew holding only a cer- tificate for radio telephony’’, inserted ‘‘in the open sea’’ before ‘‘outside of a harbor’’, and required a con- tinuous watch whenever the station is not being used for authorized traffic. § 354. Technical requirements of equipment on radiotelegraph equipped ships The radiotelegraph station and the radio di- rection finding apparatus required by section 351 of this title shall comply with the following re- quirements: (a) The radiotelegraph station shall include a main installation and a reserve installation, electrically separate and electrically inde- pendent of each other: Provided, That, in in- stallations on cargo ships of three hundred gross tons and upward but less than one thou- sand six hundred gross tons, and in installa- tions on cargo ships of one thousand six hun- dred gross tons and upward installed prior to November 19, 1952, if the main transmitter complies with all the requirements for the re- serve transmitter, the latter may be omitted. (b) The radiotelegraph station shall be so lo- cated that no harmful interference from extra- neous mechanical or other noise will be caused to the proper reception of radio signals, and shall be placed in the upper part of the ship in a position of the greatest possible safety and as high as practicable above the deepest load waterline. The location of the radiotelegraph operating room or rooms shall be approved by the Commandant of the Coast Guard. The ra- diotelegraph installation shall be installed in such a position that it will be protected against the harmful effects of water or ex- tremes of temperature, and shall be readily ac- cessible both for immediate use in case of dis- tress and for repair. (c) The radiotelegraph operating room shall be of sufficient size and of adequate ventila- tion to enable the main and reserve radio- telegraph installations to be operated effi- ciently, and shall not be used for any purpose which will interfere with the operation of the radiotelegraph station. The sleeping accom- modation of at least one radio officer shall be situated as near as practicable to the radio- telegraph operating room. In ships the keels of which are laid on or after May 26, 1965, this sleeping accommodation shall not be within the radiotelegraph operating room. (d) The main and reserve installations shall be capable of transmitting and receiving on the frequencies, and using the classes of emis- sion, designated by the Commission pursuant to law for the purposes of distress and safety of navigation. (e) The main and reserve installations shall, when connected to the main antenna, have a minimum normal range of two hundred nau- tical miles and one hundred nautical miles, re- spectively; that is, they must be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over the specified ranges. (f) Sufficient electrical energy shall be avail- able at all times to operate the main installa- tion over the normal range required by sub- section (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station. (g) The reserve installation shall include a source of electrical energy independent of the propelling power of the ship and of any other electrical system and shall be capable of being put into operation rapidly and of working for at least six continuous hours. The reserve source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer. (h) There shall be provided between the bridge of the ship and the radiotelegraph oper- ating room, and between the bridge and the lo- cation of the radio direction finding appa- ratus, when such apparatus is not located on the bridge, an efficient two-way system for calling and voice communication which shall be independent of any other communication system in the ship. (i) The radio direction finding apparatus shall be efficient and capable of receiving sig- nals with the minimum of receiver noise and