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AMENDMENTS TO COMMUNICATIONS ACT

(Requiring Radio Equipment and Radio Operators
on Board Ship)

TUESDAY, MARCH 16, 1954

UNITED STATES SENATE,

SUBCOMMITTEE No. 2 ON COMMUNICATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C, The subcommittee met at 10:05 a. m., pursuant to call, in room G-16 in the Capitol, Senator Andrew F. Schoeppel presiding.

Present: Senators Schoeppel (acting chairman), Potter, and Hunt. Also present: Senators Johnson (Colorado), Butler (Maryland), and Smathers (Florida).

Staff members present: Bertram O. Wissman, chief clerk, and Nicholas Zapple, professional staff.

Senator SCHOEPPEL (acting chairman of the subcommittee). The committee will come to order.

Senator Potter, who is chairman of the subcommittee, was here a few moments ago, and let the record show that the Senator was compelled to appear on another committee of which he is a member, and due to that conflict he has asked that I carry on as acting chairman in this matter this morning.

I want to say this hearing is being conducted by the Subcommittee on Communications of the Senate Interstate and Foreign Commerce Committee on Senate bill 2453, and a copy of that bill will be inserted in the record at this point.

(The bill S. 2453 is as follows:)

[8. 2453, 83d Cong., 1st sess.]

A BILL To amend the Communications Act of 1934, as amended, with respect to implementing the International Convention for the Safety of Life at Sea relating to radio equipment and radio operators on board ship

Be it enacted by the Senate and House of Representatives of the United States of of America in Congress assembled, That (a) paragraphs (1) and (2) of section 351 (a) of the Communications Act of 1934, as amended, are amended to read as follows:

"(1) For any ship of the United States, other than a cargo ship of less than five 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 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 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 a 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 November 19, 1954, with respect to cargo ships of than sixteen hundred gross tons not subject to the radio requirements of Safety Convention when it is found impracticable to obtain or install equipm necessary for compliance therewith;

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

(b) Paragraph (3) of section 352 (a) of such Act is amended to read as follo "(3) A foreign ship belonging to a country which is a party to any Safety C vention in force between the United States and that country which ship carr a valid certificate exempting said ship from the radio provisions of that Conv tion, or which ship conforms to the radio requirements of such Convention Regulations and has on board a valid certificate to that effect, or which ship not subject to the radio provisions of any such Convention;".

(c) Subsection 352 (b) of such Act is amended to read as follows:

(b) The Commission may grant to passenger and cargo ships exemptions of partial or conditional nature, or complete exemption from the provisions of th part, if it considers that the maximum distance of the ship from the nearest lar the length of the voyage, the absence of general navigational hazards, and oth conditions affecting safety, are such as to render full application of this pa unreasonable or unnecessary."

(d) Section 353 of such Act is amended to read as follows:

"OPERATORS, WATCHES, AUTO-ALARM-RADIOTELEGRAPH EQUIPPED SHIPS "SEC. 353. (a) Each cargo ship required by this part to be fitted with a radi telegraph installation and which is not fitted with an auto-alarm, and each pa senger ship required by this part to be fitted with a radiotelegraph installatio shall, for safety purposes, carry at least two qualified opeartors.

"(b) A cargo ship, required by this part to be fitted with a radiotelegrap installation, which is fitted with an auto-alarm in accordance with this titl shall, for safety purposes, carry at least one qualified operator who shall ha had at least six months' previous service in the aggregate as a qualified operat in a station on board a ship or ships of the United States, but during the emergenc proclaimed by the President on December 16, 1950, to exist, but not after th termination of such emergency or such earlier date as Congress by concurre resolution may designate, the aforesaid requirement of six months' previous servi may be suspended or modified by regulation or order of the Commission for su cessive periods of not more than six months' duration.

"(c) Each ship of the United States required by this part to be fitted with radiotelegraph installation shall, while being navigated outside a harbor or por keep a continuous watch by means of qualified operators: Provided, That i lieu thereof, on a cargo ship fitted with an auto-alarm in proper operating cond tion, a watch of at least eight hours per day, in the aggregate, shall be maintaine by means of a qualified operator.

"(d) The Commission shall, when it finds it necessary for safety purpose have authority to prescribe the particular hours of watch on a ship of the Unite States which is required by this part to be fitted with a radiotelegraph installation "(e) On all ships of the United States fitted with an auto-alarm, said apparatu shall be in operation at all times while the ship is being navigated outside of harbor or port when the operator is not on watch."

SEC. 2. (a) Such Act is amended by

(1) redesignating sections 354, 355, 356, 357, 358, 359, 360, 361, and 36 thereof as sections 355, 357, 358, 359, 360, 361, 362, 363, and 364 thereof respectively; and

(2) amending each such section number wherever it appears therein t conform to the redesignation prescribed by paragraph (1) of this subsection (b) Such Act is amended by inserting, immediately after section 353 thereof the following new section:

"OPERATORS, WATCHES RADIOTELEPHONE EQUIPPED SHIPS

"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.

"(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."

(c) That portion of section 355 of such Act, as redesignated hereby, which precedes subsection (b) thereof is amended to 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 of 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."

(d) Such Act is amended by inserting, immediately after section 355 thereof as redesignated hereby, the following new section:

"TECHNICAL REQUIREMENTS-RADIOTELEPHONE EQUIPPED SHIPS

"SEC. 356. Cargo ships of less than sixteen hundred gross tons may, in lieu of the radiotelegraph installation prescribed by section 355, carry a radiotelephone installation meeting the following requirements:

"(a) The ship's radiotelephone installation shall be in the upper part of the ship and, unless situated on the bridge, there shall be efficient communication with the bridge.

"(b) The radiotelephone installation shall be capable of transmitting and receiving on the frequencies and with types of emissions designated by the Commission pursuant to law for the purpose of distress and safety of navigation. "(c) The transmitter shall be capable of transmitting clearly perceptible signals from ship to ship during daytime, under normal conditions and circumstances, over a minimum normal range of one hundred and fifty nautical miles. "(d) There shall be available at all times a source of energy sufficient to operate the installation over the normal range required by paragraph (c). If batteries are provided they shall have sufficient capacity to operate the transmitter and receiver for at least six hours continuously under normal working conditions. In new installations an emergency source of energy shall be provided in the upper part of the ship unless the main source of energy is so situated."

(e) The text of section 357 of such Act, as redesignated hereby, is amended to read as follows:

"SEC. 357. Every ship required to be provided with lifeboat radio by treaty to which the United States is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with efficient radio equipment appropriate to such requirement under such rules and regulations as the Commission may find necessary for safety of life. For purposes of this section, radio equipment' shall include portable as well as nonportable apparatus.' (f) Subsection 361 (b) of such Act, as redesignated hereby, is amended to read as follows:

"(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. Safety Radiotelegraphy Certificates and Safety Radiotelephony Certificates, as prescribed by the said Convention, 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. the holder of a certificate violates the radio provisions of the Safety Convention or the provisions of this Act, or the rules, regulations or conditions prescribed by the Commission, and if the effective administration of the Safety Convention or

If

of this part so requires, the Commission, after hearing in accordance with is authorized to modify or cancel a certificate which it has issued, or to req the modification or cancellation of a certificate which has been issued by ano agency upon the Commission's request. Upon receipt of such request for mo cation or cancellation, the Commandant of the Coast Guard, or whatever age is authorized by law to do so, shall modify or cancel the certificate in accorda therewith."

SEC. 3. Section 3 of such Act is amended by inserting at the end thereof following new subsections:

"(ee) 'Existing installation', as used in section 355 of this Act, means an stallation installed on a ship prior to November 19, 1952, in the case of a Un States ship subject to the radio provisions of the Safety Convention, or one insta on a ship prior to a date one year after the effective date of this subsection the case of other ships subject to part II of title III of this Act.

"(ff) "New installation', as used in sections 355 and 356 of this Act, means installation which replaces an existing installation or, in the case of a United Sta ship subject to the radio provisions of the Safety Convention, one installed o ship subsequent to November 19, 1952, and, in the case of other ships subject part II of title III of this Act, one which is installed subsequent to a date one y after the effective date of this subsection."

Senator SCHOEPPEL. S. 2453 would amend the Communications A with respect to implementing the International Convention for t Safety of Life at Sea relating to radio equipment and radio operat on board ship.

This bill was introduced at the request of the Federal Communi tions Commission and is designed primarily to bring the provisions the Communications Act in line with those radio provisions contain in the new Safety of Life at Sea Convention, London, 1948, which w ratified by the Senate April 30, 1949, and which came into force N vember 19, 1952.

After the witnesses who are appearing to testify with respect S. 2453 are finished, this subcommittee will then proceed to take tes mony with respect to S. 2926, a bill which would authorize the Feder Communications Commission to impose nominal charges or fees f inspections, certificates, registration, licenses, permits, or applicatio issued or provided by the Commission.

This bill was introduced by Senator Johnson of Colorado who is attendance at this hearing today.

I would like to have the agency comments printed in the record this time.

(The letters referred to are as follows:)

Hon. JOHN W. BRICKER,

THE SECRETARY OF COMMERCE,
Washington 25, January 26, 1954.

Chairman, Committee on Interstate and Foreign Commerce,

United States Senate, Washington, D. C.

DEAR MR. CHAIRMAN: This letter is in reply to your request of July 24, 195 for the views of this Department with respect to S. 2453, a bill to amend th Communications Act of 1934, as amended, with respect to implementing th International Convention for the Safety of Life at Sea relating to radio equipme and radio operators on board ship.

The bill consists of a series of amendments to the Communications Act of 1934 primarily for conforming the domestic legislation to the provisions of the International Convention for Safety of Life at Sea of 1948. That Conventio was approved for ratification by the Senate and proclaimed by the President o September 10, 1952. It became effective November 19, 1952.

On September 10, 1952, the President issued Executive Order No. 10402 effective immediately, providing for the enforcement of the Convention by th Departments of State, Treasury (Coast Guard), Commerce (Weather Bureau) and the Federal Communications Commission.

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