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RADIOTELEPHONES ON CERTAIN CARGO VESSELS IN

HAWAIIAN WATERS

WEDNESDAY, FEBRUARY 19, 1964

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COMMUNICATIONS AND POWER

OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 1333, Longworth House Office Building, Hon. Walter Rogers (chairman of the subcommittee) presiding.

Mr. ROGERS of Texas. The Subcommittee on Communications and Power will come to order for the consideration of pending business. This morning the subcommittee is meeting for the consideration of several bills that have been introduced to accomplish the same purpose. One of those was H.R. 8508 introduced by myself; H.R. 8542 introduced by Mr. Curtin, of Pennsylvania; H.R. 8591 by Mr. Jarman, of Oklahoma; H.R. 8602 by Mr. Friedel, of Maryland; and H.R. 8779 by Mr. O'Brien, of New York.

The bills are identical and without objection will be included along with the agency reports in the hearing record at this point.

(The bills and agency reports follow :)

[H. R. 8508, H.R. 8542, H.R. 8591, H.R. 8602, H.R. 8779, 88th Cong., 1st sess.]

A BILL To amend section 356 of the Communications Act of 1934, to permit cargo ships on voyages between Hawaiian ports to carry radiotelephone in lieu of radiotelegraph installations

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 356 of the Communications Act of 1934, is amended to read as follows:

"SEC. 356. Cargo ships of less than one thousand six hundred gross tons and cargo ships, regardless of tonnage, which in the course of a voyage between Hawaiian ports do not go more than fifty nautical miles from the nearest land 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."

Hon. OREN HARRIS,

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUNE Washington, D.C., February 2.8

Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for the views a Bureau of the Budget on H.R. 8508, a bill to amend section 356 of the Ca cations Act of 1934, to permit cargo ships on voyages between Hawait y to carry radiotelephone in lieu of radiotelegraph installations.

The Federal Communications Commission, in its testimony before the S mittee on Communications and Power of your committee, points out that has been no study of the adequacy of radiotelephony for the safety of we engaged in coastwise voyages nor of the interrelationship of radiocom tions on such vessels and those on international voyages, which carry telegraph, for safety at sea in general. The Commission also notes the aish of an evaluation of the need for treating coastal shipping in Hawaiian differently from shipping in other coastal areas and therefore suggests the the policy requiring radiotelegraph installations on cargo ships over 1500 is to be changed, its scope should cover shipping in all U.S. coastal waters Commission believes further that any action in this broader area sho undertaken only after a complete study of the matter.

In the light of the above considerations, the Bureau of the Budget is una recommend enactment of this legislation.

Sincerely yours,

PHILLIP S. HUGHES, Assistant Director for Legislative Referen

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,
Washington, D.C., February 18, 15,

Hon. OREN HARRIS,

Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives,

Washington, D.C.

DEAR MR. CHAIRMAN: This letter is in further reply to your request for t views of this Department with respect to H.R. 8508, a bill to amend section of the Communications Act of 1934 to permit cargo ships on voyages betwe Hawaiian ports to carry radiotelephone in lieu of radiotelegraph installations Section 356 of the Communications Act of 1934 (hereinafter referred to the “act") (47 U.S.C. 354a) presently provides that all cargo vessels of le than 1,600 gross tons may, in lieu of the radiotelegraph installati required by section 355 (47 U.S.C. 354) of the act, carry a radiotelephone stallation meeting certain enumerated specifications contained in section 3 The proposed legislation would allow the same option for all cargo vessels, regar less of their tonnage, which in the course of a voyage between Hawaiian por do not go more than 50 nautical miles from the nearest land.

Inasmuch as the subject matter is within the jurisdiction of the Federal Co munications Commission and the Treasury Department (the U.S. Coast Guard we would leave to those agencies the recommendation as to whether the bu should be enacted.

The Bureau of the Budget has advised there would be no objection to the sub mission of this report from the standpoint of the administration's program. Sincerely,

LAWRENCE JONES, Acting General Counsel.

OREN HARRIS,

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY,
OFFICE OF LEGISLATIVE AFFAIRS,
Washington, D.C., February 18, 1964.

man, Committee on Interstate and Foreign Commerce, of Representatives,

ington, D.C.

DEAR MR. CHAIRMAN: Your request for comment on H.R. 8508, a bill to 1 section 356 of the Communications Act of 1934, to permit cargo ships yages between Hawaiian ports to carry radiotelephone in lieu of radioaph installations, has been assigned to this Department by the Secretary fense for the preparation of a report thereon expressing the views of the tment of Defense.

bill would permit cargo ships of less than 1,600 gross tons and all other ships proceedings between Hawaiian ports to carry radiotelephone, meetandards of usability stated in the bill, in lieu of radiotelegraph.

Department of the Navy, on behalf of the Department of Defense, defers er more interested agencies.

s report has been coordinated within the Department of Defense in accordwith procedures prescribed by the Secretary of Defense.

Bureau of the Budget advises that, from the standpoint of the adminis n's program, there is no objection to the presentation of this proposal e consideration of the Congress.

the Secretary of the Navy:

Sincerely yours,

C. R. KEAR, Jr.,

Captain, U.S. Navy, Deputy Chief,

OREN HARRIS,

THE GENERAL COUNSEL OF THE TREASURY,
Washington, D.C., February 19, 1964.

man, Committee on Interstate and Foreign Commerce, House of Representaves, Washington, D.C.

E MR. CHAIRMAN: Reference is made to your request for the comments of Department on H.R. $508, to amend section 356 of the Communications Act 4, to permit cargo ships on voyages between Hawaiian ports to carry radioone in lieu of radiotelegraph installations.

ler section 356 of the Communications Act of 1934 (47 U.S.C. 354a), cargo of under 1.600 gross tons may carry a radiotelephone installation meeting n requirements in lieu of the radiotelegraph installation prescribed by n 355 of the Communications Act (47 U.S.C. 354). The proposed bili wos.d le this same option for all cargo ships which operate between ports in the iian Islands and do not go more than 50 miles from land during their

e.

re the substitution of radiotelephone for radiotelegraph equipment on the ed vessels would have no appreciable adverse effect on marine safety, this tment would have no objection to enactment of the proposed 302. We are ware, however, of any factors which require operations between Hawallan to be treated differently from operations between otier casus porta vessels stay within the same range of land. As to this and otM BEHTA, fore, we defer to the views of the Federal Communications Commissi Department has been advised by the Bareas of the indret that there la jection from the standpoint of the administration's program to the mo on of this report to your committee. Sincerely yours.

G. D'ANDELON BRIS, General Connrot

ROGERS of Texas. I do not want to take a great deal of time to rate on the provisions of the Bille Suffice it to way that the bills with the general problem of wafery at wa and the particular lem of whether train targo wipe traveling between. Hama..an shall be authorized to hate on board radiome epione itata,.ationa of radiotelegraph. Installations.

The legislation is a result of a proceeding conducted by the Fede Communications Commission pursuant to section 352(b) of the Cor munications Act of 1934. This section authorizes the Commission: waive the requirement of radiotelegraph installations under certa circumstances.

The Commission held that the circumstances did not warrant waiver and that the matter was largely a question of congression policy.

The witnesses who will appear on behalf of the Commission and the interested parties undoubtedly will present for the record a detaile history of the background of this legislation, and therefore I shall ca. to the witness stand-before we do that, let me first call to the witnes stand in keeping with the traditions of the subcommittee, the Members of Congress interested. I believe Mr. Friedel of Maryland, the author of one of the bills, will be recognized first.

Mr. Friedel?

STATEMENT OF HON. SAMUEL N. FRIEDEL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND

Mr. FRIEDEL. Mr. Chairman and members of the committee, I an glad to have an opportunity to appear before your subcommittee this morning to say a few words in support of my bill, H.R. 8602, and s companion bill, H.R. 8508, to amend the Federal Communications Act.

As this law is presently written, it reflects the judgment of the Congress some 25 years ago in favor of radiotelegraph as a means of communication in emergencies for ships on coastwise voyages as wel as those on international voyages. My bill will change that judg ment with respect to coast wise voyages in the Hawaiian Islands. It provides that cargo vessels in excess of 1,600 tons may have radiotelephones aboard instead of radiotelegraph when they are on voyages between the Hawaiian ports which do not take the ships more than miles from land.

The development of radiotelephones during and since World War II. clearly makes this a better means of communication than radiotelegraph in an emergency when there is no question that radiotelephone contact can be made because it allows communication by voice.

In Hawaiian waters, radiotelephone contact on a 24-hour basis is assured because of Coast Guard and commercial installations spread out over the islands.

From the standpoint of safety, there is no doubt that radiotelephone communication is more efficient than radiotelegraph if ships are within 50 miles of land.

It is my understanding that the Federal Communications Commis sion has no objection to revising the present law as provided in my bill and I trust this subcommittee will take favorable action on it. This is simply a question of bringing an old law up to date to meet the requirements of modern vessels.

Mr. ROGERS of Texas. Thank you, Mr. Friedel. Mr. Moss, do you have any questions?

Mr. Moss. No questions, Mr. Chairman.

Mr. ROGERS of Texas. Mr. Broyhill?

Mr. BROYHILL of North Carolina. No questions.

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