47 U.S.C. § 359: Certificates of compliance…

Summary

U.S. ships covered by the Safety Convention must follow its radio and communications rules whenever the ship is in use. They must also obey other laws and carry the proper certificate the Convention requires. The Commission issues certain radio certificates on request when a ship meets the rules, including cargo ship safety radio telegraphy, cargo ship safety radiotelephony, and radio-exemption certificates. Other radio certificates are issued by the Commandant of the Coast Guard or another authorized agency after the Commission inspects and asks for them. If a certificate holder breaks the radio rules or the Commission’s rules, the Commission can, after a legal hearing, change or cancel certificates it issued or ask other agencies to do so, and those agencies must follow the request.

Title 47, §359

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 complete 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 certificates 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 subsection generally to provide, among other changes, that certificates of compliance be issued “upon request to any vessel” and to provide that safety radiotelegraph certificates and safety radiotelephony certificates 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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transportation, 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 Treasury 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 notwithstanding 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.

§359 Certificates of Compliance; Issuance, Modification, and Cancellation

Summary

Title 47, §359

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata