licensed radio dispatch systems, and all other radio dispatch systems, regardless of whether such service is provided indiscriminately to eligible users on a commercial basis, except that a land station licensed in such service to multiple licensees or otherwise shared by authorized users (other than a nonprofit, cooperative station) shall not be interconnected with a telephone exchange or interexchange service or facility for any purpose, except to the extent that (A) each user obtains such interconnection directly from a duly authorized carrier; or (B) licensees jointly obtain such interconnection directly from a duly authorized carrier.

(2) A person engaged in private land mobile service shall not, insofar as such person is so engaged, be deemed a common carrier for any purpose under this Act. A common carrier shall not provide any dispatch service on any frequency allocated for common carrier service, except to the extent such dispatch service is provided on stations licensed in the domestic public land mobile radio service before January 1, 1982.

(3) No State or local government shall have any authority to impose any rate or entry regulation upon any private land mobile service, except that nothing in this subsection may be construed to impair such jurisdiction with respect to common carrier stations in the mobile service.

WILLFUL OR MALICIOUS INTERFERENCE

SEC. 333. No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this Act or operated by the United States Government. 130A

PART II 131-Radio Equipment and RADIO OPERATORS ON BOARD

SEC. 351.133 [47 U.S.C. 351] (a) Except as provided in section 352 hereof it shall be unlawful—

1304 This section was added by Public Law 101-396, 104 Stat. 850, approved Sept. 28, 1990. 131 This part (secs. 351-362) was added by Public No. 97, 75th Cong., approved May 20, 1937, 50 Stat. 192-197, and was further amended by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

132 Formerly read "Ship Radio Installations and Operations." Changed to above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

133 Subsection (a) of Section 351 was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. It formerly read as follows:

(a) Except as provided in Section 352 hereof it shall be unlawful—

(1) For any such ship of the United States, other than a cargo ship of less than five hun dred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than five hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such a ship is equipped with an efficient radio installation in operating condition in charge of and operated by a qualified operator or operators, adequately installed and protected so as to insure proper operation, and so as not to endanger the ship and radio installation, as hereinafter provided, and in the case of ship of the United States, unless there is on board a valid station license issued in accordance with this Act: Provided, That the Commission may defer the application of the provisions of this section for a period not beyond January 1, 1955, with respect to cargo ships of less than sixteen hundred gross tons not subject to the radio requirements of the Safety Convention when it is found impracticable to obtain or install equipment necessary for compliance therewith;

Continued

(1) For any ship of the United States, other than a cargo ship of less than three hundred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than three hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio station in operating condition, as specified by subparagraphs (A) and (B) of this paragraph, in charge of and operated by one or more radio officers or operators, adequately installed and protected so as to insure proper operation, and so as not to endanger the ship and radio station as hereinafter provided, and, in the case of a ship of the United States, unless there is on board a valid station license issued in accordance with this Act.

(A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross tons and upward shall be equipped with a radiotelegraph station complying with the provisions of this part;

(B) Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, unless equipped with a radiotelegraph station complying with the provisions of this part, shall be equipped with a radiotelephone station complying with the provisions of this part.

(2) For any ship of the United States of one thousand six hundred gross tons and upward to be navigated in the open sea outside of a harbor or port, or for any such ship of the United States or any foreign country to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with efficient radio direction finding apparatus approved by the Commission, properly adjusted in operating condition as hereinafter provided.

(b) A ship which is not subject to the provisions of this part at the time of its departure on a voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause over which neither the master, the owner, nor the charterer (if any) has control.

EXCEPTIONS 134

SEC. 352.135 [47 U.S.C. 352] (a) The provisions of this part shall not apply to

(2) For any ship of the United States of sixteen hundred gross tons, or over, to be navigated outside of a harbor or port, in the open sea, or for any such ship of the United States or any foreign country to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio direction finding apparatus (radio compass) properly adjusted in operating condition as hereinafter provided, which apparatus is approved by the Commission: Provided, That the Commission may defer the application of the provisions of this section with respect to radio direction finding apparatus to a ship or ships between one thousand six hundred and five thousand gross tons for a period not beyond November 19, 1954, if it is found impracticable to obtain or install such direction finding apparatus.

Prior to this former amendment by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704, paragraph (1) of subsection (a) did not contain the proviso and dealt with ships of less than 1600 rather than 500 gross tons, and paragraph (2) of that subsection did not contain the proviso and referred to passenger ships of 5,000 gross tons or over, rather than any ship of 1600 gross tons or over.

134 Public Law 75-97, 50 Stat. 192, 197, May 20, 1937.

135 The Panama Canal Company referred to in this section was redesignated Panama Canal Company by Public Law 841, 81st Cong., 2d Sess., approved September 26, 1950, 64 Stat. 1038.

(1) A ship of war;

(2) A ship of the United States belonging to and operated by the Government, except a ship of the Maritime Administration of the Department of Transportation, the Inland and Coastwise Waterways Service, or the Panama Canal Company; 136

(3) 137 A foreign ship belonging to a country which is a party to any Safety Convention in force between the United States and that country which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or Regulations and has on board a valid certificate to that effect, or which ship is not subject to the radio provisions of any such Convention;

(4) Yachts of less than six hundred gross tons not subject to the radio provisions of the Safety Convention;

(5) Vessels in tow;

(6) 138 A ship navigating solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States;

(7) 139 A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the sixty-third meridian, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on such waters and within such area;

(8) 139 A ship which is navigated during the course of a voyage both on the Great Lakes of North America and in the open sea, during the period while such ship is being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert lock at Montreal in the Province of Quebec, Canada.

(b) 140 Except for nuclear ships, the Commission may, if it considers that the route or the conditions of the voyage or other circumstances are such as to render a radio station unreasonable or unnecessary for the purposes of this part, exempt from the provisions of this part any ship or class of ships which falls within any of the following descriptions:

(1) Passenger ships which in the course of their voyage do not go more than twenty nautical miles from the nearest land or, alterna

136 Paragraph (a)(2) was amended to read as above by Public Law 97-31, approved August 6, 1981, 95 Stat. 151, 167. See notes 82 & 133.

137 This subsection was amended to read as above by Public Law 584, 83d Cong., 2d Sess., арproved August 13, 1954, 68 Stat. 704. This subsection formerly read as follows:

(3) A foreign ship belonging to a country which is a party to the Safety Convention and which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or Regulations and has on board a valid certificate to that effect.

138 Public Law 89-121, approved August 13, 1965, 79 Stat. 511, amended paragraph 6 by striking the words "on the Great Lakes" in two places and changing "vessel" to "ship."

139 Paragraphs (7) and (8) were added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

140 Subsection (b) through paragraph (1) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511, to except nuclear ships from the Commission's exemption authority.

tively, do not go more than two hundred nautical miles between two consecutive ports;

(2) Cargo ships which in the course of their voyage do not go more than one hundred and fifty nautical miles from the nearest land;

(3) Passenger vessels of less than one hundred gross tons not subject to the radio provisions of the Safety Convention;

(4) Sailing ships.

(c) If, because of unforeseeable failure of equipment, a ship is unable to comply with the equipment requirements of this part without undue delay of the ship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b) shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) to permit the ship to proceed to a port where the equipment deficiency may be remedied.

(d) 141 Except for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Commission may exempt from the requirements, for radio direction finding apparatus, of this part and of the Safety Convention, any ship which falls within the descriptions set forth in paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that the route on conditions of the voyage or other circumstances are such as to render such apparatus unreasonable or unnecessary.

RADIO OFFICERS, WATCHES, AUTO ALARM-RADIOTELEGRAPH EQUIPPED SHIPS

142

SEC. 353.143 [47 U.S.C. 353] (a) Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safety purposes, carry at least two radio officers.

(b) A cargo ship which in accordance with this part is equipped with a radiotelegraph station, which is equipped with a radiotelegraph auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months' previous service in the aggregate as a radio officer in a station on board a ship or ships of the United States.

(c) Each ship of the United States which in accordance with this part is equipped with a radiotelegraph station shall, while being

141 This subsection was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 142 This heading was changed editorially by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The words "radiotelegraph equipped ships" had been added to the heading by Public Law 584, 83rd Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704.

143 This section was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. Editorial clarifications were made throughout this section by replacing the terms "installation," "auto alarm," and "qualified operator" with the terms station," "radiotelegraph auto alarm," and "radio officer.'

Subsection (c) was amended to include the phrase "while being navigated in the open sea outside of a harbor or port" in substitution for the phrase "while being navigated outside a harbor or port." Subsection (c) was also amended to provide that the continuous watch is to be maintained whenever the station is not being used for authorized traffic.

The words "radiotelegraph installation" had previously been substituted for "radio installation" throughout this section by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704.

navigated in the open sea outside of a harbor or port, keep a continuous watch by means of radio officers whenever the station is not being used for authorized traffic: Provided, That, in lieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper operating condition, a watch of at least eight hours per day, in the aggregate, shall be maintained by means of a radio officer. (d) The Commission shall, when it finds it necessary for safety purposes, have authority to prescribe the particular hours of watch on a ship of the United States which in accordance with this part is equipped with a radiotelegraph station.

(e) On all ships of United States equipped with a radiotelegraph auto alarm, said apparatus shall be in operation at all times while the ship is being navigated in the open sea outside of a harbor or port when the radio officer is not on watch.

OPERATORS, WATCHES- -RADIOTELEPHONE EQUIPPED SHIPS

SEC. 354.144 [47 U.S.C. 353a] (a) Each cargo ship which in accordance with this part is equipped with a radiotelephone station shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew.

(b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navigated in the open sea outside of a harbor or port, maintain continuous watch whenever the station is not being used for authorized traffic.

TECHNICAL REQUIREMENTS-RADIOTELEGRAPH EQUIPPED SHIPS

SEC. 355.145 [47 U.S.C. 354] The radiotelegraph station and the radio direction finding apparatus required by section 351 of this part shall comply with the following requirements:

144 This section was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. As originally added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704, section 354 read as follows:

SEC. 354. (a) Each cargo ship fitted with a radiotelephone installation in accordance with section 356 shall, for safety purposes, carry at least one qualified operator who may be a member of the crew holding only a certificate for radio telephone.

(b) Each cargo ship of the United States fitted with a radiotelephone installation in accordance with section 356 shall, while being navigated outside a harbor or port, keep a listening watch in such manner and during such periods as determined by the Commission.

145 This section was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. It formerly read as follows:

TECHNICAL REQUIREMENTS-RADIOTELEGRAPH EQUIPPED SHIPS

SEC. 355. The radio installation and the radio direction-finding apparatus required by section 351 of this part shall comply with the following requirements:

(a) The radio installation shall comprise a main and an emergency or reserve radiotelegraph installation: Provided, That, in the case of an existing installation on a cargo ship and a new installation on a cargo ship if five hundred gross tons and upwards but less than one thousand six hundred gross tons, if the main installation complies with all requirements of an emergency or reserve installation, the emergency or reserve installation may be omitted, except that a separate emergency receiver must, in all cases, be provided.

(b) The ship's radio operating room and the emergency or reserve installation shall be placed in the upper part of the ship in a position of the greatest possible safety and as high as practicable above the deepest load water line, and the location of such room or rooms shall be approved by the Commandant of the Coast Guard.

(c) The main and emergency or reserve installations shall be capable of transmitting and receiving on the frequencies and types of waves designated by the Commission pursuant to law for the purpose of distress and safety of navigation.

Continued