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Title 47 — Telecommunications

Part II · Chapter 5 — Wire or Radio Communication

§ 353. Radio equipment and operators

Statutory text

(a)

Two radio officers required

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)

One radio officer required

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)

Required watches

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

Hours of watch

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)

Operational status of auto alarms in open sea

On all ships of the 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 75–652 · 50 Stat. 650

    Enacted · 47 U.S.C. § 353

    June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193

    Source evidence

    Code source credit
    June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193

  2. Public Law not identified

    Inserted · 47 U.S.C. § 353(b)

    Subsec. (b). Act July 8, 1941, inserted exception respecting national emergency

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act July 8, 1941, inserted exception respecting national emergency.

  3. Public Law not identified

    Substituted · 47 U.S.C. § 353(b)

    Subsec. (b). Act June 22, 1943, substituted “the termination of such emergency or such earlier date as Congress by concurrent resolution may designate” for “June 30, 1943”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act June 22, 1943, substituted “the termination of such emergency or such earlier date as Congress by concurrent resolution may designate” for “June 30, 1943”.

  4. Pub. L. 89–121 § 4 · 79 Stat. 511

    1. Substituted · 47 U.S.C. § 353

      Pub. L. 89–121, among other changes, substituted wherever appearing “radiotelegraph station” for “radiotelegraph installation” “qualified operators”, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic

    2. Substituted · 47 U.S.C. § 353

      Pub. L. 89–121, among other changes, substituted wherever appearing “radiotelegraph auto alarm” for “auto-alarm” “qualified operators”, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic

    3. Substituted · 47 U.S.C. § 353

      Pub. L. 89–121, among other changes, substituted wherever appearing “radio officers” for “qualified operator” “qualified operators”, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic

    4. Inserted · 47 U.S.C. § 353

      Pub. L. 89–121, among other changes, inserted “while being navigated in the open sea” in two places

    Source evidence

    Code amendment note
    Pub. L. 89–121, among other changes, substituted wherever appearing “radiotelegraph station” for “radiotelegraph installation”, “radiotelegraph auto alarm” for “auto-alarm”, and “radio officer” and “radio officers” for “qualified operator” and “qualified operators”, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic, and inserted “while being navigated in the open sea” in two places.

    Enacted provision · exact public law section
    Sec. 4. Section 353 of the Communications Act of 1934 is amended 68 Stat. 705. 47 USC 353. to read as follows: “Sec. 353. “radio officers, watches, auto alarm-radiotelegraph equipped ships (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 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 the 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.”

4 of 7 references resolved to an enrolled provision · 1 partial · 2 unresolved

Editorial Notes

Amendments1941–1965 · 4 rounds

1965

Pub. L. 89–121, among other changes, substituted wherever appearing “radiotelegraph station” for “radiotelegraph installation”, “radiotelegraph auto alarm” for “auto-alarm”, and “radio officer” and “radio officers” for “qualified operator” and “qualified operators”, required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic, and inserted “while being navigated in the open sea” in two places.

1954

Act , amended section to make clear that it applies only to ships equipped with a radiotelegraph installation, not those fitted with a radiotelephone installation.

1943

Subsec. (b). Act , substituted “the termination of such emergency or such earlier date as Congress by concurrent resolution may designate” for “”.

1941

Subsec. (b). Act , inserted exception respecting national emergency.

Statutory Notes and Related Subsidiaries

Partial Repeal Effective July 1, 1948

Acts , and , which amended subsec. (b) of this section by adding the clause authorizing suspension or modification of the service requirement during the emergency, were repealed, effective , by act , which provided that such acts should remain in full force and effect until such date.

Effective Date

Section effective , unless deferred by the Commission, see section 16 of act , set out as a note under section 351 of this title.

Approval of Operators by Secretary of Navy During War

Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28, 1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259; 1946 Reorg. Plan No. 3, § 101, eff. , 11 F.R. 7875, 60 Stat. 1097, prohibiting employment of radio operators who were disapproved by the Secretary of the Navy during World War II, was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449.

Credits

1934–1965 · 6 acts
  1. 1934June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193
  2. 1941amended July 8, 1941, ch. 278, 55 Stat. 579
  3. 1943June 22, 1943, ch. 137, 57 Stat. 161
  4. 1947July 25, 1947, ch. 327, § 2(a), 61 Stat. 451
  5. 1954Aug. 13, 1954, ch. 729, § 1(d), 68 Stat. 705
  6. 1965Pub. L. 89–121, § 4, , 79 Stat. 513.
Show as published

(June 19, 1934, ch. 652, title III, § 353, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 193; amended July 8, 1941, ch. 278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25, 1947, ch. 327, § 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729, § 1(d), 68 Stat. 705; Pub. L. 89–121, § 4, , 79 Stat. 513.)

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