47 U.S.C. § 358 — Master’s control over operations

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