
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC351]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
       Part II--Radio Equipment and Radio Operators On Board Ship
 
Sec. 351. Ship radio stations and operations

    (a) Except as provided in section 352 hereof it shall be unlawful--
        (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 chapter.
            (A) Passenger ships irrespective of size and cargo ships of 
        one thousand six hundred gross tons and upward shall be equipped 
        with a radio-telegraph 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 radio-telegraph 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.

(June 19, 1934, ch. 652, title III, Sec. 351, as added May 20, 1937, ch. 
229, Sec. 10(b), 50 Stat. 192; amended Aug. 13, 1954, ch. 729, 
Sec. 1(a), 68 Stat. 704; Pub. L. 89-121, Sec. 2, Aug. 13, 1965, 79 Stat. 
512.)


                               Amendments

    1965--Subsec. (a). Pub. L. 89-121 substituted ``radio station'' for 
``radio installation'', broadened coverage so as to extend to vessels 
over 300 tons rather than 500 tons, required passenger ships 
irrespective of size and cargo ships over 1600 tons to be equipped with 
a radio telegraph station and cargo ships over 300 tons, unless equipped 
with a radiotelegraph station, to be equipped with a radiotelephone 
station, and eliminated provisions which empowered the Commission to 
defer the application of the provisions of paragraphs (1) and (2) of 
this subsection for periods not beyond Jan. 1, 1955, and Nov. 19, 1954, 
respectively.
    1954--Subsec. (a)(1). Act Aug. 13, 1954, broadened coverage so as to 
extend to vessels over 500 tons rather than 1,600 tons.
    Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage so as to 
extend to any United States flag vessel of 1,600 gross tons or over 
rather than any passenger vessel of 5,000 gross tons or over.


                             Effective Date

    Section 16 of act May 20, 1937, provided that: ``This Act [enacting 
this part, amending sections 151, 153, 154, 303, 321, 322, 329, 402, 
504, and 602 of this title, and repealing sections 484 to 487 of former 
Title 46, Shipping] shall take effect upon approval [May 20, 1937] 
provided that the Commission may defer the application of all or any 
part of sections 351 to 355 [sections 351 to 355 of this title], 
inclusive, for a period not to exceed six months after approval, in 
regard to any ship or classes of ships of the United States which are 
not subject to the provisions of the safety convention, if it is found 
impracticable to obtain the necessary equipment or make the required 
installations.''


 Joint Studies of Need for Safety Devices on Certain Cargo Ships; Report

    Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the Federal 
Communications Commission, the United States Coast Guard, and the 
Federal Maritime Administration, acting jointly, to make a full and 
complete study and investigation with respect to the need for installing 
automatic radiotelegraph call selectors on cargo ships of the United 
States carrying less than two radio operators, and other such safety 
devices, and the feasibility thereof, and required a report to the 
Congress not later than Mar. 1, 1957.

                  Section Referred to in Other Sections

    This section is referred to in section 354 of this title; title 46 
section 14305.
