
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: 47USC359]

 
          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. 359. Certificates of compliance; issuance, modification, 
        and cancellation
        
    (a) Each vessel of the United States to which the Safety Convention 
applies shall comply with the radio and communication provisions of said 
Convention at all times while the vessel is in use, in addition to all 
other requirements of law, and shall have on board an appropriate 
certificate as prescribed by the Safety Convention.
    (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. Cargo 
ship safety radio telegraphy certificates, cargo ship safety 
radiotelephony certificates, and exemption certificates with respect to 
radio particulars 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. If the holder of 
a certificate violates the radio provisions of the Safety Convention or 
the provisions of this chapter, or the rules, regulations, or conditions 
prescribed by the Commission, and if the effective administration of the 
Safety Convention or of this part so requires, the Commission, after 
hearing in accordance with law, is authorized to modify or cancel a 
certificate which it has issued, or to request the modification or 
cancellation of a certificate which has been issued by another agency 
upon the Commission's request. Upon receipt of such request for 
modification or cancellation, the Commandant of the Coast Guard, or 
whatever agency is authorized by law to do so, shall modify or cancel 
the certificate in accordance therewith.

(June 19, 1934, ch. 652, title III, Sec. 361, formerly Sec. 359, as 
added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered 
Sec. 361 and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (f), 68 Stat. 
706, 707; Pub. L. 89-121, Sec. 10, Aug. 13, 1965, 79 Stat. 516.)

                       References in Text

    This part, referred to in subsec. (b), commences with section 351 of 
this title.


                               Amendments

    1965--Subsec. (b). Pub. L. 89-121 substituted ``Cargo ship safety 
radio telegraphy certificates, cargo ship safety radiotelephony 
certificates, and exemption certificates with respect to radio 
particulars shall be issued'' for ``Safety Radiotelegraphy Certificates 
and Safety Radiotelephony Certificates, as prescribed by the said 
Convention, and Exemption Certificates issued in lieu of such 
certificates, shall be issued.''
    1954--Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section by 
changing section number from ``359'' to ``361'' of act June 19, 1934.
    Subsec. (b). Act Aug. 13, 1954, Sec. 2(f), amended subsection 
generally to provide, among other changes, that certificates of 
compliance be issued ``upon request to any vessel'' and to provide that 
safety radiotelegraph certificates and safety radiotelephony 
certificates and certain exemption certificates be issued by the Federal 
Communications Commission.


                             Effective Date

    Section effective May 20, 1937, see section 16 of act May 20, 1937, 
set out as a note under section 351 of this title.

                          Transfer of Functions

    Coast Guard transferred to Department of Transportation, and 
functions, powers, and duties relating to Coast Guard of Secretary of 
the Treasury and of all other officers and offices of Department of the 
Treasury transferred to Secretary of Transportation by Pub. L. 89-670, 
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 
89-670, however, provided that notwithstanding such transfer of 
functions, Coast Guard shall operate as part of Navy in time of war or 
when President directs as provided in section 3 of Title 14, Coast 
Guard. See section 108 of Title 49, Transportation.
