FCC 47 CFR PART 3-2010 AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES《海上账户权限授权和管理及海上卫星移动无线业务》.pdf

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1、666 47 CFR Ch. I (10110 Edition) Pt. 2, Subpt. N, Fig. 4 FIGURE 4 TO SUBPART N OF PART 2EXAMPLE OF EPIRB CARRIER COMPONENT PART 3AUTHORIZATION AND AD-MINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES GENERAL Sec. 3.1 Scope, basis, purpose. 3.2 Terms and

2、definitions. ELIGIBILITY 3.10 Basic qualifications. 3.11 Location of settlement operation. APPLICATION PROCEDURES 3.20 Application form. 3.21 Order of consideration. 3.22 Number of accounting authority identi-fication codes per applicant. 3.23 Legal applicant. 3.24 Evidence of financial responsibili

3、ty. 3.25 Number of copies. 3.26 Where application is to be mailed. 3.27 Amended application. 3.28 Denial of privilege. 3.29 Notifications. SETTLEMENT OPERATIONS 3.40 Operational requirements. 3.41 Amount of time allowed before initial settlements. 3.42 Location of processing facility. 3.43 Applicabl

4、e rules and regulations. 3.44 Time to achieve settlements. 3.45 Amount of charges. 3.46 Use of gold francs. 3.47 Use of SDRs. 3.48 Cooperation with the Commission. 3.49 Agreement to be audited. 3.50 Retention of settlement records. 3.51 Cessation of operations. 3.52 Complaint/inquiry resolution proc

5、e-dures. 3.53 FCC notification of refusal to provide telecommunications service to U.S. reg-istered vessel(s). 3.54 Notification of change in address. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00676 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200EC03JN91.008wwoods2 on DSK1DXX6B1PROD with

6、 CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-667 Federal Communications Commission 3.2 1At the ITU Additional Plenipotentiary Conference in Geneva (December, 1992), the structure, working methods and construct of the basic ITU treaty instrumen

7、t were modi-fied. The result is that the names of the sub- entities of the ITU have changed (e.g., the CCITT has become the Telecommunication Standardization SectorITU-T and Recog-nized Private Operating Agency has become Recognized Operating Agency-ROA). The changes were placed into provisional eff

8、ect on March 1, 1993 with the formal entry into force of these changes being July 1, 1994. We will refer to the new nomenclatures within these rules, wherever practicable. REPORTING REQUIREMENTS 3.60 Reports. 3.61 Reporting address. 3.62 Request for confidentiality. ENFORCEMENT 3.70 Investigations.

9、3.71 Warnings. 3.72 Grounds for further enforcement ac-tion. 3.73 Waiting period after cancellation. 3.74 Ship stations affected by suspension, cancellation or relinquishment. 3.75 Licensees failure to make timely pay-ment. 3.76 Licensees liability for payment. AUTHORITY: 47 U.S.C. 154(i), 154(j) an

10、d 303(r). SOURCE: 61 FR 20165, May 6, 1996, unless otherwise noted. GENERAL 3.1 Scope, basis, purpose. By these rules the Federal Commu-nications Commission (FCC) is delin-eating its responsibilities in certifying and monitoring accounting authorities in the maritime mobile and maritime mobile-satel

11、lite radio services. These entities settle accounts for public cor-respondence due to foreign administra-tions for messages transmitted at sea by or between maritime mobile sta-tions located on board ships subject to U.S. registry and utilizing foreign coast and coast earth station facilities. These

12、 rules are intended to ensure that settlements of accounts for U.S. li-censed ship radio stations are con-ducted in accordance with the Inter-national Telecommunication Regula-tions (ITR), taking into account the applicable ITU-T Recommendations. 3.2 Terms and definitions. (a) Accounting Authority.

13、The Admin-istration of the country that has issued the license for a mobile station or the recognized operating agency or other entity/entities designated by the Ad-ministration in accordance with ITR, Appendix 2 and ITU-T Recommenda-tion D.90 to whom maritime accounts in respect of mobile stations

14、licensed by that country may be sent. (b) Accounting Authority Certification Officer. The official designated by the Managing Director, Federal Commu-nications Commission, who is respon-sible, based on the coordination and re-view of information related to appli-cants, for granting certification as

15、an accounting authority in the maritime mobile and maritime mobile-satellite radio services. The Accounting Author-ity Certification Officer may initiate action to suspend or cancel an account-ing authority certification if it is de-termined to be in the publics best in-terest. (c) Accounting Author

16、ity Identification Codes (AAICs). The discrete identifica-tion code of an accounting authority responsible for the settlement of mari-time accounts (Annex A to ITU-T Rec-ommendation D.90). (d) Administration. Any governmental department or service responsible for discharging the obligations undertak

17、en in the Convention of the International Telecommunication Union and the Radio Regulations. For purposes of these rules, Administration refers to a foreign government or the U.S. Gov-ernment, and more specifically, to the Federal Communications Commission. (e) Authorization. Approval by the Federal

18、 Communications Commission to operate as an accounting authority. Synonymous with certification. (f) CCITT. The internationally recog-nized French acronym for the Inter-national Telegraph and Telephone Con-sultative Committee, one of the former sub-entities of the International Tele-communication Un

19、ion (ITU). The CCITT (ITU-T)1is responsible for de-veloping international telecommuni-cations recommendations relating to standardization of international tele-communications services and facilities, VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00677 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX

20、 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-668 47 CFR Ch. I (10110 Edition) 3.10 2Id. including matters related to inter-national charging and accounting prin-ciples and the settlement of inter-national t

21、elecommunications accounts. Such recommendations are, effec-tively, the detailed implementation provisions for topics addressed in the International Telecommunication Reg-ulations (ITR). (g) Certification. Approval by the FCC to operate as an accounting authority. Synonymous with authorization. (h)

22、Coast Earth Station. An earth sta-tion in the fixed-satellite service or, in some cases, in the maritime mobile- satellite service, located at a specified fixed point on land to provide a feeder link for the maritime mobile-satellite service. (i) Coast Station. A land station in the maritime mobile

23、service. (j) Commission. The Federal Commu-nications Commission. The FCC. (k) Gold Franc. A monetary unit rep-resenting the value of a particular na-tions currency to a gold par value. One of the monetary units used to effect ac-counting settlements in the maritime mobile and the maritime mobile-sat

24、-ellite services. (l) International Telecommunication Union (ITU). One of the United Nations family organizations headquartered in Geneva, Switzerland along with several other United Nations (UN) family orga-nizations. The ITU is the UN agency responsible for all matters related to international tel

25、ecommunications. The ITU has over 180 Member Countries, in-cluding the United States, and provides an international forum for dealing with all aspects of international tele-communications, including radio, telecom services and telecom facilities. (m) Linking Coefficient. The ITU man-dated conversion

26、 factor used to convert gold francs to Special Drawing Rights (SDRs). Among other things, it is used to perform accounting settlements in the maritime mobile and the maritime mobile-satellite services. (n) Maritime Mobile Service. A mobile service between coast stations and ship stations, or between

27、 ship stations, or between associated on-board commu-nication stations. Survival craft sta-tions and emergency position- indi-cating radiobeacon stations may also participate in this service. (o) Maritime Mobile-Satellite Service. A mobile-satellite service in which mo-bile earth stations are locate

28、d on board ships. Survival craft stations and emer-gency position-indicating radiobeacon stations may also participate in this radio service. (p) Public Correspondence. Any tele-communication which the offices and stations must, by reason of their being at the disposal of the public, accept for tran

29、smission. This usually applies to maritime mobile and maritime mobile- satellite stations. (q) Recognized Operating Agencies (ROAs).2Individuals, companies or cor-porations, other than governments or agencies, recognized by administra-tions, which operate telecommuni-cations installations or provide

30、 tele-communications services intended for international use or which are capable of causing interference to inter-national telecommunications. ROAs which settle debtor accounts for public correspondence in the maritime mobile and maritime mobile-satellite radio services must be certified as account

31、-ing authorities. (r) Ship Station. A mobile station in the maritime mobile service located on board a vessel which is not perma-nently moored, other than a survival craft station. (s) Special Drawing Right (SDR). A monetary unit of the International Monetary Fund (IMF) currently based on a market b

32、asket of exchange rates for the United States, West Germany, Great Britain, France and Japan but is subject to IMFs definition. One of the monetary units used to effect account-ing settlements in the maritime mobile and maritime mobile-satellite services. (t) United States. The continental U.S., Ala

33、ska, Hawaii, the Common-wealth of Puerto Rico, the Virgin Is-lands or any territory or possession of the United States. ELIGIBILITY 3.10 Basic qualifications. (a) Applicants must meet the require-ments and conditions contained in these rules in order to be certified as an accounting authority. No in

34、dividual VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00678 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-669 Federal Communications Commission 3.21 or other

35、entity, including accounting authorities approved by other adminis-trations, may act as a United States accounting authority and settle ac-counts of U.S. licensed vessels in the maritime mobile or maritime mobile- satellite services without a certifi-cation from the Federal Communica-tions Commissio

36、n. Accounting authori-ties with interim certification as of the effective date of this rule must submit to the application process discussed in 3.20. They will be grandfathered, i.e, granted permanent certification provided they demonstrate their eligi-bility and present a proper application. (b) U.

37、S. citizenship is not required of individuals in order to receive certifi-cation from the Commission to be an accounting authority. Likewise, joint ventures need not be organized under the laws of the United States in order to be eligible to perform settlements for U.S. licensed vessels. See, howeve

38、r, 3.11. (c) Prior experience in maritime ac-counting, general commercial account-ing, international shipping or any other related endeavor will be taken into consideration by the Commission in certifying accounting authorities. The lack of such expertise, however, will not automatically disqualify

39、an individual, partnership, corporation or other entity from becoming an ac-counting authority. (d) Applicants must provide formal financial statements or documentation proving all assets, liabilities, income and expenses. (e) Applicants must offer their serv-ices to any member of the public mak-ing

40、 a reasonable request therefor, with-out undue discrimination against any customer or class of customer, and fees charged for providing such services shall be reasonable and non-discrimi-natory. This requirement will be waived for applicants who settle their own accounts only and are eligible to be

41、grandfathered during the initial application period. However, should the need for additional accounting authori-ties be proven, these accounting au-thorities will be required to offer their services to the public or relinquish their certification. 61 FR 20165, May 6, 1996, as amended at 64 FR 40776,

42、 July 28, 1999 3.11 Location of settlement oper-ation. (a) Within the United States. A cer-tified accounting authority maintain-ing all settlement operations, as well as associated documentation, within the United States will be assigned an AAIC with a US prefix. (b) Outside the United States. A cer

43、-tified accounting authority maintain-ing settlement operations outside the United States will be assigned the same AAIC as that originally assigned to such entity by the administration of the country of origin. However, in no case will an entity be certified as an accounting authority for settlemen

44、t of U.S. licensed vessel accounts unless the entity is requesting to conduct a set-tlement operation in the United States or has already been issued an AAIC by another administration. APPLICATION PROCEDURES 3.20 Application form. Written application must be made to the Federal Communications Commis

45、-sion on FCC Form 44, Application For Certification As An Accounting Au-thority in order to be considered for certification as an accounting author-ity. No other application form may be used. No consideration will be given to applicants not submitting applications in accordance with these rules or i

46、n ac-cordance with any other instructions the Commission may issue. FCC Form 44 may be obtained from the Commis-sion by writing to the address shown in 3.61. 3.21 Order of consideration. (a) Accounting Authority applica-tions will be processed on a first-come, first-served basis. When applications a

47、re received on the same day, the ap-plication with the earliest mailing date, as evidenced by the postmark, will be processed first. Interim ac-counting authorities seeking perma-nent certifications through the grandfathering process will not com-pete with other applicants during the first 60 days f

48、ollowing the effective date of these rules which is allowed for submission of their applications. After the grandfathering process is com-pleted, all other applicants will be VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00679 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX

49、6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-670 47 CFR Ch. I (10110 Edition) 3.22 processed as in paragraph (a) of this section. (b) At any given time, there will be no more than 25 certified accounting authorities with a minimum of 15 US AAICs reserved for use by accounting authorities conducting settlement op-erations withi

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