47 U.S.C. § 359 — Certificates of compliance; issuance, modi-

Page 224 TITLE 47—TELECOMMUNICATIONS § 358 winds causing severe ice accretion on super- structures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, shall cause to be transmitted all pertinent information relating thereto to ships in the vicinity and to the appropriate authori- ties on land, in accordance with rules and regu- lations issued by the Commission. When they consider it necessary, such authorities of the United States shall promptly bring the informa- tion received by them to the knowledge of those concerned, including interested foreign authori- ties. (b) Charges for transmission of safety informa- tion No charge shall be made by any ship or station in the mobile service of the United States for the transmission, receipt, or relay of the infor- mation designated in subsection (a) originating on a ship of the United States or of a foreign country. (c) Reimbursement by Commission The transmission by any ship of the United States, made in compliance with subsection (a), to any station which imposes a charge for the reception, relay, or forwarding of the required information, shall be free of cost to the ship concerned and any communication charges in- curred by the ship for transmission, relay, or forwarding of the information may be certified to the Commission for reimbursement out of moneys appropriated to the Commission for that purpose. (d) Charges for transmission of distress messages No charge shall be made by any ship or station in the mobile service of the United States for the transmission of distress messages and re- plies thereto in connection with situations in- volving the safety of life and property at sea. (e) Free services Notwithstanding any other provision of law, any station or carrier may render free service in connection with situations involving the safety of life and property, including hydrographic re- ports, weather reports, reports regarding aids to navigation and medical assistance to injured or sick persons on ships and aircraft at sea. All free service permitted by this subsection shall be subject to such rules and regulations as the Commission may prescribe, which rules may limit such free service to the extent which the Commission finds desirable in the public inter- est. (June 19, 1934, ch. 652, title III, § 359, formerly § 357, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 195; renumbered § 359, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 89–121, § 9, Aug. 13, 1965, 79 Stat. 516.) Editorial Notes AMENDMENTS 1965—Subsec. (a). Pub. L. 89–121 directed the master of every ship of the United States equipped with radio transmitting apparatus which encounters subfreezing air temperatures associated with gale force winds caus- ing severe ice accretion on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received to transmit the perti- nent information relating thereto. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 358. Master’s control over operations The radio installation, the operators, the reg- ulation of their watches, the transmission and receipt of messages, and the radio service of the ship except as they may be regulated by law or international agreement, or by rules and regula- tions made in pursuance thereof, shall in the case of a ship of the United States be under the supreme control of the master. (June 19, 1934, ch. 652, title III, § 360, formerly § 358, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 195; renumbered § 360, ch. 729, § 2(a)(1), Aug. 13, 1954, 68 Stat. 706.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 359. Certificates of compliance; issuance, modi- fication, and cancellation (a) Each vessel of the United States to which the Safety Convention applies shall comply with the radio and communication provisions of said Convention at all times while the vessel is in use, in addition to all other requirements of law, and shall have on board an appropriate certifi- cate as prescribed by the Safety Convention. (b) Appropriate certificates concerning the radio particulars provided for in said Convention shall be issued upon proper request to any vessel which is subject to the radio provisions of the Safety Convention and is found by the Commis- sion to comply therewith. Cargo ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption cer- tificates with respect to radio particulars shall be issued by the Commission. Other certificates concerning the radio particulars provided for in the said Convention shall be issued by the Com- mandant of the Coast Guard or whatever other agency is authorized by law to do so upon re- quest of the Commission made after proper in- spection or determination of the facts. If the holder of a certificate violates the radio provi- sions of the Safety Convention or the provisions of this chapter, or the rules, regulations, or con- ditions prescribed by the Commission, and if the effective administration of the Safety Conven- tion or of this part so requires, the Commission, after hearing in accordance with law, is author- ized to modify or cancel a certificate which it has issued, or to request the modification or cancellation of a certificate which has been issued by another agency upon the Commis- sion’s request. Upon receipt of such request for modification or cancellation, the Commandant of the Coast Guard, or whatever agency is au- thorized by law to do so, shall modify or cancel the certificate in accordance therewith. (June 19, 1934, ch. 652, title III, § 361, formerly § 359, as added May 20, 1937, ch. 229, § 10(b), 50 Page 225 TITLE 47—TELECOMMUNICATIONS § 361 Stat. 195; renumbered § 361 and amended Aug. 13, 1954, ch. 729, § 2(a)(1), (f), 68 Stat. 706, 707; Pub. L. 89–121, § 10, Aug. 13, 1965, 79 Stat. 516.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. This part, referred to in subsec. (b), commences with section 351 of this title. AMENDMENTS 1965—Subsec. (b). Pub. L. 89–121 substituted ‘‘Cargo ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption cer- tificates with respect to radio particulars shall be issued’’ for ‘‘Safety Radiotelegraphy Certificates and Safety Radiotelephony Certificates, as prescribed by the said Convention, and Exemption Certificates issued in lieu of such certificates, shall be issued.’’ 1954—Act Aug. 13, 1954, § 2(a)(1), amended credit to section by changing section number from ‘‘359’’ to ‘‘361’’ of act June 19, 1934. Subsec. (b). Act Aug. 13, 1954, § 2(f), amended sub- section generally to provide, among other changes, that certificates of compliance be issued ‘‘upon request to any vessel’’ and to provide that safety radio- telegraph certificates and safety radiotelephony certifi- cates and certain exemption certificates be issued by the Federal Communications Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treas- ury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that not- withstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation. § 360. Station licenses; inspection of equipment by Commission (a) In addition to any other provisions re- quired to be included in a radio station license, the station license of each ship of the United States subject to this subchapter shall include particulars with reference to the items specifi- cally required by this subchapter. (b) Every ship of the United States that is sub- ject to this part shall have the equipment and apparatus prescribed therein inspected at least once each year by the Commission or an entity designated by the Commission. If, after such in- spection, the Commission is satisfied that all relevant provisions of this chapter and the sta- tion license have been complied with, the fact shall be so certified on the station license by the Commission. The Commission shall make such additional inspections at frequent intervals as the Commission determines may be necessary to ensure compliance with the requirements of this chapter. The Commission may, upon a finding that the public interest could be served there- by— (1) waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held; or (2) waive the annual inspection required under this section for a vessel that is in com- pliance with the radio provisions of the Safety Convention and that is operating solely in wa- ters beyond the jurisdiction of the United States: Provided, That such inspection shall be performed within 30 days of such vessel’s re- turn to the United States. (June 19, 1934, ch. 652, title III, § 362, formerly § 360, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196; renumbered § 362, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 87–811, Oct. 15, 1962, 76 Stat. 922; Pub. L. 104–104, title IV, § 403(n), Feb. 8, 1996, 110 Stat. 132.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (b), commences with section 351 of this title. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–104 amended subsec. (b) generally, revising structure of subsec. so as to contain 2 pars. and adding provisions relating to inspection by an entity designated by Commission, waiver of inspec- tion for up to 90 days, and waiver for vessels in compli- ance with radio provisions of Safety Convention that are outside the jurisdiction of the United States. 1962—Subsec. (b). Pub. L. 87–811 empowered the Com- mission to waive the annual inspection from the time of first arrival at a United States port from a foreign port, for the sole purpose of enabling the vessel to pro- ceed coastwise to another port in the United States where an inspection can be held, and limiting such waiver to not more than a period of 30 days. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 361. Control by Commission; review of deci- sions Nothing in this subchapter shall be inter- preted as lessening in any degree the control of