FCC requirements

[ComputerJoe]

I just received a renewal notice from the FCC for a defunct dive operation I had nothing to do with. I guess they will send these things to any business in the area that MIGHT have something to do with scuba in order to get their fees.

Is it necessary for a 6 pack to carry the comercial FCC liscense for its VHF? I thought it was about a $250 fee and just another cost I can do without. But with further looking I found this CFR

R 281.3203 Marine radio and compass.
Rule 203. (1) The owner of a vessel which operates on the Great Lakes and
Lake St. Clair shall have aboard the vessel a marine radio-telephone which
is in good working condition and a current federal communication commission
operator's license.

The problem is as a 6 pack we are uninspected but carry the radio to meet State regs, and for good common sense. The crux is the FCC says I need a liscense if the radio is "required by law." The State rules are defined as Administrative Codes not laws.

What say You?

Not confused yet? Visit the FCC appfees site http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292948A1.pdf

 

[aikiguy]

Here is a quote from the Coasties.

Emphasis mine!

Guy


FCC RADIO LICENSES
Note: The FCC, not the Coast Guard, regulates radio licenses in the U.S. The information below is the best information we have available concerning ship radio licenses. We recommend you contact the FCC directly concerning any questions.
Radio Licenses for Boaters

The Telecommunications Act of 1996 permits recreational boaters to have and use a VHF marine radio, EPIRB, and marine radar without having an FCC ship station license. Boaters traveling on international voyages, having an HF single sideband radiotelephone or marine satellite terminal, or required to carry a marine radio under any other regulation must still carry an FCC ship station license. For further information, see the FCC Ship Radio Stations Fact Sheet.
FCC Ship Station Licenses

Those not exempted by the Telecommunications Act of 1996 must still have an FCC ship station license. A ship station license application is made on FCC Form 605 accompanied with Form 159, available from local FCC Field Offices, by writing to the FCC, P.O. Box 1050, Gettysburg PA 17326, or by calling the FCC Forms Distribution Center at (202)418-3676 (202)418-3676 or the toll-free number (800) 418-FORM (800) 418-FORM . Forms can also be obtained from most marine electronics dealers. You can call the FCC in Gettysburg, obtain information about marine radio licensing, radio interference, and other matters, at 1 800 322-1117 1 800 322-1117 . FCC Gettysburg's working hours are 8 AM to 4:30 PM. Click here for forms

When preparing FCC Form 159 ship radio station license, enter Fee Type Code PASR (blk 7).

Radios can be used immediately upon license application. The license is not transferable if a boat is sold or if the installed radio equipment is moved from one boat to another.
FCC License Fees

The FCC charges a fee for renewing or applying for a new ship station license. The amount of that fee is reviewed every year. See the FCC Fees webpage for more information on license fees. Licenses will be valid for ten years.

 

[ComputerJoe]

OK, but that's no help with determining the "required" part which the USCG does regulate. I've been told that as an uninspected 26' six pack I do not need one, but then reading the regulations and fee schedules I get lost in the beurocratic BS.

 

[amphibjg]

See Vessel Bridge-to-Bridge Radiotelephone regulations, 33 CFR 26, sect. 26.03 Radiotelephone required. this makes it appear that you do not need a license.

that said, i have one and 3 years ago we had an incident aboard my 34' six-pack boat and one of the first words out of the mso's mouth was where is my fcc license. i was glad i padi the 167 for 5 years.

 

[aikiguy]

The exemption, as I understand it, only applies to recreational vessels according to the FCC. Also I believe that according to part 47 of the Federal Code of Regulations that you are required to have a VHF radio for vessels engaged in commercial operations on the great lakes.

Dive charters are commercial operations and therefore are required by federal regulations to have a VHF radio. Although it does state that this could be voluntary in another section that is not specifically related to the great lakes.

Also the FCC states that if you are required to have any radio gear aboard, (And you are by state law), then you are required to have a license. So you are not exempt from the FCC documentation.

Therefore I believe you are doubly required to have a FCC license. (Luckily you only have to get one!)

CFRs seem to indicate that you need on in the section that you quoted.

Ultimately you probably will not get randomly busted for not have a license. However if you are involved in any kind of incident, I would worry that the Coast Guard would issue you a violation and the subsequent fine.

Personally I would have the license if I were taking on paying passengers on this boat.

Guy

 

[ComputerJoe]

As a 6 pack I am an uninspected passenger vessel. As such do Federal USCG requirements (CFR's) apply?

The chater operators around here say a liscense is not required, one an ex-DNR C.O.

Problem is the regulators always claim you need regulation.

 

[aikiguy]

Opps I went off on a wrong tangent here.... Sorry.......

Guy

 

[aikiguy]

You can find them all here.

46 CFR Ch. I (10-1-02 Edition)

There are a lot of them that are applicable to all inspected and uninspected passenger vessels. Uninspected vessels are called out in the start of the regs and are listed as exceptions in several of them.

Thanks,

Guy

 

[Wookie]

Which license are you talking about, the Operator's License or the Ship's Station License. I seem to remember that the operator's license fee was nominal, nowhere on the order of $250. A ship's station license is a different story, but I don't think you need it for a VHF only installation.

 

[rjack321]

Even though I don't have a charter boat, I do take my recreational vessel to Canada. The FCC says I need a station license but only in Canada. Canada doesn't think I need a license and doesn't enforce FCC rules either. Once I'm back in the States FCC doesn't compel me to have a license. Thus, I don't bother.

Net:
I don't think you are going to get an answer here since the CFRs are hopelessly contradictory from various amendments. I would call your local MSO and ask. If they tell you what you want to hear, document/log the call and put the answer in your vessel log. If they tell you what you don't want to hear, you can ignore getting a license until you are involved in an incident. At which time you can plead confused ignorance and hope for the best. I doubt the fine would be much of anything relative to the hassles of the incident which is draws their attention to your uninspected vessel in the first place.