§  13.9   Eligibility and application for new license or endorsement.

   (a) If found qualified, the following persons are eligible to apply for
   commercial radio operator licenses:

   (1) Any person legally eligible for employment in the United States.

   (2) Any person, for the purpose of operating aircraft radio stations,
   who holds:

   (i) United States pilot certificates; or

   (ii) Foreign aircraft pilot certificates which are valid in the United
   States, if the foreign government involved has entered into a
   reciprocal agreement under which such foreign government does not
   impose any similar requirement relating to eligibility for employment
   upon United States citizens.

   (3) Any person who holds a FCC radio station license, for the purpose
   of operating that station.

   (4) Notwithstanding any other provisions of the FCC's rules, no person
   shall be eligible to be issued a commercial radio operator license when

   (i) The person's commercial radio operator license is suspended, or

   (ii) The person's commercial radio operator license is the subject of
   an ongoing suspension proceeding, or

   (iii) The person is afflicted with complete deafness or complete
   muteness or complete inability for any other reason to transmit
   correctly and to receive correctly by telephone spoken messages in
   English.

   (b)(1) Each application for a new General Radiotelephone Operator
   License, Marine Radio Operator Permit, First Class Radiotelegraph
   Operator's Certificate, Second Class Radiotelegraph Operator's
   Certificate, Third Class Radiotelegraph Operator's Certificate, Ship
   Radar Endorsement, Six Months Service Endorsement, GMDSS Radio
   Operator's License, Restricted GMDSS Radio Operator's License, GMDSS
   Radio Maintainer's License and GMDSS Radio Operator/Maintainer License
   must be filed on FCC Form 605 in accordance with § 1.913 of this
   chapter.

   (2) Each application for a Restricted Radiotelephone Operator Permit or
   a Restricted Radiotelephone Operator Permit-Limited Use must be filed
   on FCC Form 605 in accordance with § 1.913 of this chapter.

   (c) Each application for a new General Radiotelephone Operator License,
   Marine Radio Operator Permit, First Class Radiotelegraph Operator's
   Certificate, Second Class Radiotelegraph Operator's Certificate, Third
   Class Radiotelegraph Operator's Certificate, Ship Radar Endorsement,
   GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's
   License, GMDSS Radio Maintainer's License, or GMDSS Radio
   Operator/Maintainer License must be accompanied by the required fee, if
   any, and submitted in accordance with § 1.913 of this chapter. The
   application must include an original PPC(s) from a COLEM(s) showing
   that the applicant has passed the necessary examination element(s)
   within the previous 365 days when the applicant files the application.
   If a COLEM files the application electronically on behalf of the
   applicant an original PPC(s) is not required. However, the COLEM must
   keep the PPC(s) on file for a period of 1 year.

   (d) An applicant will be given credit for an examination element as
   specified below:

   (1) An unexpired (or within the grace period) FCC-issued commercial
   radio operator license: The written examination and telegraphy
   Element(s) required to obtain the license held; and

   (2) An expired or unexpired FCC-issued Amateur Extra Class operator
   license grant granted before April 15, 2000: Telegraphy Elements 1 and
   2.

   (e) Provided that a person's commercial radio operator license was not
   revoked, or suspended, and is not the subject of an ongoing suspension
   proceeding, a person whose application for a commercial radio operator
   license has been received by the FCC but which has not yet been acted
   upon and who holds a PPC(s) indicating that he or she passed the
   necessary examination(s) within the previous 365 days, is authorized to
   exercise the rights and privileges of the operator license for which
   the application was received. This authority is valid for a period of
   90 days from the date the application was received. The FCC, in its
   discretion, may cancel this temporary conditional operating authority
   without a hearing.

   (f) Each application for a new six months service endorsement must be
   submitted in accordance with § 1.913 of this chapter. The application
   must include documentation showing that:

   (1) The applicant was employed as a radio operator on board a ship or
   ships of the United States for a period totaling at least six months;

   (2) The ships were equipped with a radio station complying with the
   provisions of part II of title III of the Communications Act, or the
   ships were owned and operated by the U.S. Government and equipped with
   radio stations;

   (3) The ships were in service during the applicable six month period
   and no portion of any single in-port period included in the qualifying
   six months period exceeded seven days;

   (4) The applicant held a FCC-issued First or Second Class
   Radiotelegraph Operator's Certificate during this entire six month
   qualifying period; and

   (5) The applicant holds a radio officer's license issued by the U.S.
   Coast Guard at the time the six month endorsement is requested.

   (g) No person shall alter, duplicate for fraudulent purposes, or
   fraudulently obtain or attempt to obtain an operator license. No person
   shall use a license issued to another or a license that he or she knows
   to be altered, duplicated for fraudulent purposes, or fraudulently
   obtained. No person shall obtain or attempt to obtain, or assist
   another person to obtain or attempt to obtain, an operator license by
   fraudulent means.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  59 FR 3795 , Jan. 27, 1994;  60 FR 27699 , May 25, 1995;  63 FR 68942 , Dec. 14, 1998;  66 FR 20752 , Apr.
   25, 2001;  68 FR 46958 , Aug. 7, 2003]