47 U.S.C. § 357 — Safety information
submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 404 words · no verdicts yet
Ship captains who spot serious dangers at sea must radio warnings to nearby ships and to authorities. Ships and stations can't charge for sending safety or distress messages. The FCC can reimburse ships that get charged anyway, and can allow free safety-related services.
(a) Sending safety information: If the captain of a U.S. ship* with a radio runs into dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation — or hits subfreezing air with gale-force winds that causes dangerous ice buildup on the ship, or winds of force 10 or higher on the Beaufort scale with no storm warning already out — the captain must send all the relevant details to nearby ships and to the right authorities on land, following FCC rules. When needed, those U.S. authorities must quickly pass the information along to anyone concerned, including foreign authorities.
(b) No charge for sending safety information: No U.S. ship or mobile-service station can charge for sending, receiving, or relaying the safety information described in (a), whether it comes from a U.S. ship or a foreign one.
(c) FCC reimbursement: If a U.S. ship sends required safety information under (a) to a station that charges for receiving, relaying, or forwarding it, the ship itself pays nothing. Instead, any communication charges the ship incurs can be certified to the FCC for reimbursement, using money Congress has given the FCC for that purpose.
(d) No charge for distress messages: No U.S. ship or mobile-service station can charge for sending distress messages or replies, when life or property at sea is at risk.
(e) Free services allowed: Regardless of any other law, a station or carrier can choose to offer free services connected to protecting life and property at sea — including weather reports, hydrographic reports, navigation-aid reports, and medical help for sick or injured people on ships or aircraft. The FCC can make rules limiting how much free service is allowed, based on what serves the public interest.
The master of every ship* of the United States*, equipped with radio transmitting apparatus, which meets with dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, or encounters subfreezing air temperatures associated with gale force winds causing severe ice accretion on superstructures, 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 authorities on land, in accordance with rules and regulations issued by the Commission. When they consider it necessary, such authorities of the United States shall promptly bring the information received by them to the knowledge of those concerned, including interested foreign authorities.
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 information designated in subsection (a) originating on a ship of the United States or of a foreign country.
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 incurred 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.
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 replies thereto in connection with situations involving the safety of life and property at sea.
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 reports, 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 interest.
Source credit: (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.)
- 1934Enacted · Act of June 19, 1934, ch. 652 · 50 Stat. 195
- 1954Amended · Act of Aug. 13, 1954, ch. 729 · 68 Stat. 706
- 1965Amended · Pub. L. 89-121 · 79 Stat. 516
A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case