9jel:58 1958 CONTENTS Bureau of the Budget on H. R. 6886 and H. R. 8543 Civil Aeronautics Board on H. R. 6886 and H. R. 8543_ Engle, Hon. Clair, a Representative in Congress from the State of Karant, Max, vice president, Aircraft Owners & Pilots Association.. Mack, Hon. Peter F., Jr., a Representative in Congress from the Maloy, Raymond B., Director, Office of International Cooperation, Civil Aeronautics Administration___ Plummer, Curtis B., Chief, Safety and Special Radio Services Bureau, Federal Communications Commission.. Wanner, John, General Counsel's Office, Civil Aeronautics Board____ Aircraft Owners & Pilots Association, letters from J. P. Hartranft, Jr., Commerce Department, letter from Hon. Sinclair Weeks, Secretary. National Aviation Trades Association, letter from Charles A. Parker, RADIO LICENSES FOR NONCITIZEN PILOTS FRIDAY, APRIL 18, 1958 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON TRANSPORTATION AND COMMUNICATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington. D. C. The subcommittee met at 10 a. m., in room 1334, New House Office Building, Hon. Walter Rogers presiding. Mr. ROGERS. The Subcommittee on Transportation and Communications of the House Committee on Interstate and Foreign Commerce will come to order for the consideration of H. R. 6886 by Mr. Engle, of California, and H. R. 8543 by Mr. Mack of Illinois, bills to amend the Communications Act to authorize the issue of pilots' radio licenses to noncitizens. Without objection, the reports on the pending bills from the Government agencies will be made a part of the record at this point, along with the bills. (The material referred to follows:) [H. R. 6886, 85th Cong., 1st sess.] A BILL To amend the Communications Act of 1934 to authorize, in certain cases, the Issuance of licenses to noncitizens for the operation of radio stations on aircraft Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303 of the Communications Act of 1934 is amended by inserting immediately before the semicolon at the end thereof the following: ", except that in issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States' pilot certificates issued by the Civil Aeronautics Commission or in the case of persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments". [H. R. 8543, 85th Cong., 1st sess.] A BILL To amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for radio stations on aircraft and for the operation thereof Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303 (1) of the Communications Act of 1934 is amended by inserting immediately before the semicolon at the end thereof the following: ", except that in issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States pilot certificates issued by the Civil Aeronautics Commission, or in the case of persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments". 1 SEC. 2. Subsection (a) of section 310 of the Communications Act of 1934 is amended by adding at the end thereof the following new paragraph: "Notwithstanding paragraph (1) of this subsection, a license for the operation of a radio station on an aircraft may be granted to and held by a person who is an alien or a representative of an alien if such person holds a United States pilot certificate issued by the Civil Aeronautics Commission or a foreign aircraft pilot certificate which is valid in the United States on the basis of reciprocal agreements entered into with foreign governments." Hon. OREN HARRIS, CIVIL AERONAUTICS BOARD, Chairman, Committee on Interstate and Foreign Commerce, House of Representative, Washington, D. C. DEAR CONGRESSMAN HARRIS: This is in reply to your two letters of January 10, 1958, acknowledged January 13, 1958, requesting the Board's comments on H. R. 6886 and H. R. 8543. Under existing provisions of the Federal Communications Act there is no authority to issue radio operator licenses to persons who are not citizens of the United States. On the other hand, such persons are not, by reason of their lack of citizenship, barred from obtaining authorization to operate aircraft in this country, and many aliens have been granted such authorization. They may operate anywhere in the United States aircraft in which the use of radio is not required. However, most types of aircraft operation now require the use of two-way radio equipment. Notwithstanding the actual proficiency in radio operations which an alien may possess, he is barred from receiving a radio operator's license, and the consequence is that whatever authorization he may possess to operate aircraft in this country is substantially curtailed. From the standpoint of the Board, it is believed that the existing restriction which prohibits the Federal Communications Commission from granting a radio operator's license to an alien serves no useful purpose insofar as the operation of aircraft radio by an alien authorized to operate aircraft is concerned, and constitutes a needless inconsistency with the provisions of the law relating to the operation of aircraft by foreigners. H. R. 6886 and H. R. 8543 would remedy the situation by amending section 303 (b) of the Federal Communications Act. That section now authorizes the Federal Communications Commission to issue radio licenses "to such citizens of the United States as the Commission finds qualified." The amendment would add: "except that in issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States pilot certificates issued by the Civil Aeronautics Commission [Administration], or in the case of persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments." The Board recommends the adoption of such an amendment. However, "Civil Aeronautics Commission" should be changed to read: "Civil Aeronautics Administration." H. R. 8543 would also amend section 310 (a) of the Federal Communications Act. In addition to providing for the licensing of radio operators, the act has a separate requirement for the licensing of radio stations. Section 310 (a) as it now stands provides that a radio station license shall not be granted to an alien or the representative of an alien. Radio equipment installed on aircraft comes within the classification of a radio station, and radio equipment installed on United States registered aircraft is licensed by the Federal Communications Commission. However, these licenses are only issued to citizens who are in possession and control of the radio equipment. Thus, in the case of a United States registered aircraft which is being operated by aliens under a lease or other legal arrangement, the operator is unable to obtain a radio station license because of the requirement of citizenship, and the registered owner cannot secure a radio station license because he is not in control and possession of the radio equipment. Also, the operator would probably not be able to obtain a station license from his country of nationality as the Chicago convention, to which the United States and many other nations are parties, requires that a license to install and operate radio equipment shall be issued by the State in which the aircraft is registered. The proposed amendment to section 310 (a) would remove the requirement of citizenship and allow aliens in control of United States registered aircraft to have radio equipment installed in the aircraft by authorizing the Federal Communications Commission to issue radio station licenses in these cases. The Board recommends the adoption of such an amendment. Accordingly, while the Board endorses both H. R. 8543 and H. R. 6886, it prefers H. R. 8543 in view of its more complete coverage. The Bureau of the Budget has advised that there is no objection to the submis. sion of this report. DEAR MR. HARRIS: Reference is made to your letter of April 25, 1957, and to the Department's acknowledgment dated May 3, 1957, concerning the request of your committee to report on H. R. 6886, to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of license to noncitizens for the operation of radio stations on aircraft. The Department has studied the proposal and supports its acceptance in the belief that it will enhance air safety and improve international public relations involving the pilots concerned. It is recognized that one effect of passage of this bill would be to permit solo flight of United States certificated radio equipped aircraft by aliens, as referred to in the bill, whereas they must now be accompanied by a United States citizen duly licensed to operate the aircraft radio equipment. The Department believes, however, that the benefits to be attained in increased safety and good international public relations outweigh any undesirable aspects of allowing the persons referred to in the bill to engage in solo flights, particularly as they can now do so under existing treaties if they fly aircraft certificated in their own countries. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, Hon. OREN HARRIS, WILLIAM B. MACOMBER, Jr., Assistant Secretary, (For the Secretary of State). FEDERAL COMMUNICATIONS COMMISSION, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR CONGRESSMAN HARRIS: This is in reply to your request seeking this Com mission's comments on H. R. 6886, a bill to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for the operation of radio stations on aircraft. Enclosed please find six copies of our comments on this bill. The Bureau of the Budget has informed the Commission that it has no objection to the submission of these comments to your committee. Sincerely yours, JOHN C. DOERFER, Chairman. COMMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION ON H. R. 6886, A BILL TO AMEND THE COMMUNICATIONS ACT of 1934 To AUTHORIZE, IN CERTAIN CASES, THE ISSUANCE OF LICENSES TO NONCITIZENS FOR THE OPERATION OF RADIO STATIONS ON AIRCRAFT H. R. 6886 would amend the Communications Act of 1934, specifically section 303 (1). The legislation would give this Commission discretionary authority to issue selective licenses to noncitizens for the operation of aircraft radio stations in the case of persons holding United States pilot certificates issued by the Civil Aeronautics Administration or persons holding foreign aircraft pilot certificates |