PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 Twelfth Street, S.W.

WASHINGTON, D.C. 20554 **DA 01-2141**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**Released: September 14, 2001**

WIRELESS TELECOMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER OF
THE COMMISSION'S RULES TO ALLOW A 100-QUESTION TEST FOR COMMERCIAL
OPERATOR LICENSE EXAMINATION ELEMENT 7 (GLOBAL MARITIME DISTRESS AND
SAFETY SYSTEM (GMDSS) RADIO OPERATING PROCEDURES)

On August 15, 2001, the National Radio Examiners (NRE) requested a
waiver of Section 13.203(a)(5) of the Commission's Rules, 47 C.F.R. §
13.203(a)(5) to allow a 100-question test, with the a minimum passing
score of 75 questions answered correctly, for Commercial Operator
License Examination (COLE) Element 7 (Global Maritime Distress and
Safety System (GMDSS) Radio Operating Procedures).

By way of background, on July 25, 2001, the Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau approved a new
question pool for Element 7, consisting of 600 multiple-choice questions
regarding 100 key topics.[^1] Each of the key topics has six questions.
Thus, we envisioned that a random selection of one question from each
key topic would result in a well-balanced 100-question examination.
Entities administering COLEs were permitted to begin using the new
question pool immediately, or could continue to use the old questions
for a period of six months following the release date of the *Public
Notice*. However, the new questions must be used beginning six months
from the release date of the *Public Notice*.[^2] NER states that it
wishes to implement the new question pool immediately. It seeks a waiver
of Section 13.203(a)(5), which specifies a 76-question test, with a
minimum passing score of 57 questions answered correctly, to allow it to
administer a 100-question test.

Interested parties may file comments on the Waiver Request on or before
September 30, 2001. Parties interested in submitting reply comments must
do so on or before October 10, 2001. All submissions should reference
this *Public Notice*, including the DA number, and should be filed with
the Office of the Secretary, Federal Communications Commission, 445
Twelfth Street, S.W., TW-325, Washington, D.C. 20554. A copy of each
filing should be sent to 1) Qualex International (Qualex), Portals II,
445 Twelfth St., S.W., Room CY-B402, Washington, D.C. 20554; 2) Ghassan
Khalek, Federal Communications Commission, Wireless Telecommunications
Bureau, Public Safety and Private Wireless Division, Policy and Rules
Branch, 445 Twelfth Street, S.W., Room 4-C421, Washington, D.C. 20554;
and 3) Maria Ringold, Federal Communications Commission, Consumer
Information Branch, Reference Information Center, 445 Twelfth Street,
S.W., Room CY-B529, Washington, D.C. 20554.

The full text of the Waiver Request, comments, and reply comments will
be available for public inspection and duplication during regular
business hours in the Reference Information Center (RIC) of the Consumer
Information Branch, Federal Communications Commission, 445 Twelfth St.,
S.W., Room CY-A257. Copies may also be obtained from Qualex. For further
information regarding the public reference file for this Waiver Request,
contact Maria Ringold, Chief, Wireless Branch, RIC, (202) 418-1355. In
addition, the new question pool can be obtained from Qualex, or from the
Commission's Web site, at
<http://www.fcc.gov/Bureaus/Wireless/Informal>. It also is available for
inspection during normal business hours in the Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau, FCC, 445 Twelfth
St., S.W., Room 4-C330, Washington, D.C. 20554, (202) 418-0680.

Unless otherwise provided, requests for waiver of the Commission's Rules
are subject to treatment by the Commission as restricted proceedings for
*ex parte* purposes under Section 1.1208 of the Commission's Rules, 47
C.F.R. § 1.1208. Because of the policy implications and potential impact
of this proceeding on persons not parties to the Waiver Request, we
believe it would be in the public interest to treat this case as a
permit-but-disclose proceeding under the *ex parte* rules. *See*
Sections 1.1200(a), 1.1206 of the Commission's Rules, 47 C.F.R. §§
1.1200(a), 1.1206. Therefore, subsequent to the release of this *Public
Notice*, *ex parte* presentations that are made with respect to the
issues involved in the subject waiver request will be allowed but must
be disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Mr. Ghassan Khalek of the Policy and
Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau at (202) 418-2771, TTY (202) 418-7233, or via
email to gkhalek@fcc.gov.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

\- FCC -

[^1]: Wireless Telecommunications Bureau Approves New Commercial
    Operator License Examination (COLE) Question Pool for Element 7
    (Global Maritime Distress and Safety System (GMDSS) Radio Operating
    Procedures), *Public Notice*, DA 01-1759 (WTB PSPWD rel. July 25,
    2001).

[^2]: In order to allow this six-month transition period, we waived
    Section 13.215 of the Commission's Rules, 47 C.F.R. § 13.215, which
    otherwise would have required use of the new pool immediately.