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47 U.S.C. § 359 — Certificates of compliance; issuance, modification, and cancellation

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 288 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every covered U.S. vessel must follow the Safety Convention's radio rules and carry the right certificate at all times. The FCC or Coast Guard issues these certificates after inspection. If a ship violates the rules, the FCC can modify or cancel its certificate, or ask another agency to do so.

(a) Compliance required: Every U.S. vessel the Safety Convention applies to must follow the Convention's radio and communication rules at all times while it's in use, on top of every other legal requirement. It must carry the right certificate the Safety Convention calls for.

(b) Issuing and cancelling certificates: Proper certificates about a vessel's radio setup are issued, on request, to any vessel covered by the Safety Convention's radio rules that the Commission finds is following them. The Commission issues cargo ship safety radiotelegraphy certificates, cargo ship safety radiotelephony certificates, and exemption certificates for radio matters. Other Safety Convention certificates are issued by the Commandant of the Coast Guard, or whichever other agency the law authorizes, after the Commission asks for it following a proper inspection or fact-finding. If a certificate holder breaks the Safety Convention's radio rules, or this chapter, or Commission rules or conditions, and if effective enforcement of the Safety Convention or this part requires it, the Commission — after a hearing that follows the law — can modify or cancel a certificate it issued itself, or ask another agency to modify or cancel a certificate that agency issued at the Commission's request. Once that request comes in, the Coast Guard Commandant, or whatever agency is authorized, must modify or cancel the certificate accordingly.

the actual law source: uscode.house.gov ↗public domain
(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 certificate 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 Commission to comply therewith. Cargo ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption certificates 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 Commandant of the Coast Guard or whatever other agency is authorized by law to do so upon request of the Commission made after proper inspection or determination of the facts. If the holder of a certificate violates the radio provisions of the Safety Convention or the provisions of this chapter, or the rules, regulations, or conditions prescribed by the Commission, and if the effective administration of the Safety Convention or of this part so requires, the Commission, after hearing in accordance with law, is authorized 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 Commission’s request. Upon receipt of such request for modification or cancellation, the Commandant of the Coast Guard, or whatever agency is authorized by law to do so, shall modify or cancel the certificate in accordance therewith.

Source credit: (June 19, 1934, ch. 652, title III, § 361, formerly § 359, as added May 20, 1937, ch. 229, § 10(b), 50 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.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 50 Stat. 195
  • 1954Amended · Act of Aug. 13, 1954, ch. 729 · 68 Stat. 706, 707
  • 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.

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