DEPARTMENT ORDER NO.

5)
Series of 1948)

September 22,1948

SUBJECT: RULES AND REGULATIONS GOVERNING COMMERCIAL

RADIO OPERATORS

Pursuant to the provisions of the Radio Control Law, Act No. 3846, as
amended by Commonwealth act Nos. 365 and 571, the following rules and
regulations governing commercial radio operatons are hereby promulgated to
take effect on September 22, {948. All rules and regulations which are in
conflict herewith are hereby revoked.

GENERAL

Sec. 1. Licensed Operafors Reg uired. - Unless otherwise authorized by the

Secretary of Commerce and Industry, (now Secretary of Transportation and
Communications) the actual operation of any radio station for which a station license
is required shall be carried on only by a licensed radio operator. In the case of
remote-controlled stations, licensed operators shall also be required in transmitting
and receiving office, as well as in all tuning (transmitting and receiving) stations

Sec. 2. C/asses of Licenses. - Commercial operator licenses are classified

as follows:
(a) Commercial radiotelephone group;
(1) Radiotelephone third class operator license
(2) Radiotelephone second class operator license
(3) Radiotelephone first class operator license
(b) Commercial radiotelegraph group;
(1) Radiotelegraph third class operator license
(2) Radiotelegraph second class operator license
(3) Radiotelegraph first class operator license
(c) Radio teletype operator license

Sec. 3. Term of License. - Commercial operator licenses shall be issued for

a term of not more than three (3) years.

Sec. 4. Prccedurc. - An application for operator license must be filed in

duplicate with the Secretary of Public Works and Communication upon blanks
furnished for that purpose. lf the application is for renewal of license, it must be
submitted at least thirty (30) days prior to the date of expiration, together with the
license to be renewed.

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Sec. 5. General Qualificafibns of Applicant. An applicant for commercial
radio operator license must possess the following qualifications:
 (a) He must be a citizen of the Philippines; Provided, however, That
operator licences issued to american citizens prior to the date of
effectivity of these regulations shall be valid and operative the terms of
such licenses: Provided, further, That a holder of a pilot license issued
by the Civil Aeronautics Board may be considered qualified to take an
examination for third class commercial radio-telephone operator
license irrespective of citizenship;

(b) He must be at least 18 years of age;

(c) He must be of good moral character;

(d) He must have completed the high school course prescribed by the
Department of Public Instruction; Provided, however, That experienced
radio operators in the government service who have not completed the
high school course, may be considered qualified to take the
examination if for each year deficiency of high school they possess two
years satisfactory service as government radio operator; and

(e) He must have graduated from a radio school recognized and

accredited by the Secretary of Public Works and Gommunications or
must have had at least one year service as a government radio
operator; Provided, however, THAT applicants for radioteletype
operator license shall be exempted from the requirement of this
paragraph. (As amended by Dept. Order No. 28 dated Sept. 11,
1e54.)

Sec. 6. Special Provisions, FIADIOTELEGRAPH first Class. An applicant for

a radiotelegraph first class operator license must be at least 21 years of age and
must have been a holder of a second class radiotelegraph license for at least one
year, with commercial service of at least six months in the aggregate: Provided,
however, That a holder of a second class radiotelegraph license, who, prior to his
having qualified for such license, had rendered at least five (5) years satisfatory
service as radio operator in a govemment radio station may be considered qualified
to take the examination for first class commercial radiotelegraph operator license
without first securing the six (6) months service mentioned above and Provided,
further, That any person who has rendered five (5) years or more satisfactory
service as radio operator in a government radio station may be permitted to take
examination for first class commercial radiotelegraph operator license provided he
possesses the other qualifications required in Section five (5) hereof.

Sec. 7. Examination Elements Written examination shall comprise

questions from one or more of the following examination elements:

(1) Easrb Law - Provisions of radio laws and radio regulations.

(2) Basic Theory and Practice - Technical matters appropriate for every
class of license
(3) Radiotelephone - Additional matters, both legal and technical,
including radiotelephone theory and practice.
 (4) Advanced Radiotelephone - Theory and practice applicable to
broadcast station operation
(5) Radiotelegraph -
Additional matters, both legal and technical,
including radiotelegraph theory and practice.
(6) Advanced Radiotelegrcph -
Radiotelegraph theory and practice of
wider scope, particularly with respect to ship radio matters (direction
finders, auto-alarms, ship radiotelephone stations, etc.)

Sec. 8. Examination Requirements. - Applicants for original licenses shall

be required to pass examinations, as follows:

(a) Radiotelephone third class operator license:

(1) Ability to transmit and receive spoken messages in English
(2) Written examination elements 1 and 2.

(b) Radiotelephone second class operator license:

(1) Ability to transmit and receive spoken messages in English.
(2) Written examinations elements 1, 2, and 3.

(c) Radiotelephone first class operator license:

(1) Ability to transmit and receive spoken messages in English.
(2) Written examinations elements 1, 2, 3, and 4.

(d) Radiotelegraph third class operator license:

(1) Transmitting and receiving code test of sixteen code groups per
minute.
(2) Written examinations elements 1, 2, and 5.

(e) Radiotelegraph second class operator license:

(1) Ability to transmit and receive spoken messages in English.
(2) Transmitting and receiving code test of sixteen code groups per
minute
(3) Written examinations elements 1, 2, 5 and 6

(f) Radiotelegraph first class operator license:

(1) Ability to transmit and receive spoken messages in English.
(2) Transmitting and receiving code test of twenty-five words per
minute, plain language; and twenty code groups per minute.
(3) Written examination elements 1, 2, 5 and 6.

(g) Radioteletype operator license:

(1) Ability to transmit and receive messages by radioteletype.
(2) Written examination element 1 (Basic Law). (As amended by
Dept. Order No. 28 dated Sept. 11, '1954.)

Sec. 9. Place of Examination. - Examination for radio operator license shall

be conducted at such times and places as the Secretiary of Public Works and
Communications may designate.
 Sec. 10. Formof Writing. - Written examination shall be in English and shall
be written by the applicant in longhand in ink; provided that diagrams may be drawn
in pencil.

Sec. 11. Passing Gnde. - A passing average ot70o/o of a possible 100% is

required on all elements of a written examination; Provided, That no rating shall be
befow 50o/o in any element. An applicant who passes the written examination
elements, but fails in the code test may be given two chances to remove his
deficiency within three months from the date he is advised of the result of his
examination. Failure to remove the deficiency within the prescribed period shall
invalidate the examination. (As amended by Dept. Order No. 82, date July S, 19S1.)

Sec. 12. Special Provision. - An applicant who fails in the examination for
the class of license applied for may be granted a license of a lower class if he
obtains a general average of at least 70o/o on the elements required for that lower
class. An applicant who qualifies in an examination, but fails to secure a license
within one (1) year from the date he is advised of the result of his or her
examination, will not be issued a license without re-examination. (As amended by
Dept. Order No. 82, date July 5, 1951.)

Sec. 13. New C/ass: Additional Requirements. - The holder of a license

who applies for another class of license is required to pass only the added
examination elements for the new class of license.

Sec. 14. Transmitting Speed Requirements. An applicant is required to

transmit correctly in the International Morse Code for one minute at the rate of
speed prescribed in these rules for the class of license applied for.

Sec. 15. Transmitting lesf Procedure Transmitting tests shalt be

performed by the use of the conventional Morse key or an automatic code
transmitter.

Sec. 16. Receiving Speed Requircments. - An applicant is required to

receive the International Morse Code by ear and legibly transcribe consecutive
words of code groups for a period of one minute without error at the rate of the
speed specified in the rules for the class of license for which applicants is made. An
applicant for a first class radiotelegraph license is required to receive and legibly
transcribe consecutive word or code groups for a period of two minutes without
errors.

Sec. 17. Receiving lesf Procedure. - Receiving code test shall be wriften in
longhand and either in ink or in pencil, provided that in the case of the twenty-five
words per minute code test a typewriter may be used when furnished by the
applicant himself.

Sec. 18. Computing

Word Code Groups. -
Each five characters shall be
counted as one word or code group. Punctuation marks or figures shall be counted
as two characters.
 Sec. 19. Eligibility for Re-examination. - An applicant who obtains a rating
of less than 600/o in an examination element will not be allowed for two months to
take an examination for any class of license requiring that element. Examination
elements will be graded in the order listed in Section 7 hereof, and an applicant
ffiay, without further application, be issued the class of license for which he qualifies.

Sec. 20. Renewal of Operator License Without Examination.

All commercial operator licenses may be renewed without examination:

Provided, That:

(a) That applicant has had at least 90 days' satisfactory service during the
term of the 6-month prior to the date the application for renewal of license
is due to be filed 30 days prior to the expiration date, or

(b) The applicant has had at least 6 months' satisfactory service during the
term of the license prior to the date the application for renewal of license
is due to be filed, and

(c) Provided, further, That holders of commercial radio operator licenses who
are in the government service as radio operators may be exempted from
renewing their licenses while in the government service as such radio
operators and their licenses renewed upon separation from the
government service, provided that a certificate of satisfactory service
signed by their employers is presented with the application for renewal
license. (As amended by Dept. Order No. 82, date July 5, 1951.)

Sec. 21. Operatols Authority. - The various classes of commercial operator

licenses issued by the Department of Public Works and Communications authorize
the holders thereof to operate radio stations, except amateur radio stations, os
follows:

(a) Radiotelephone thitd c/ass opemtor license. * - Any station while using
type A-0, A-3, A4, F-0, F-4, F-3 emission: Provided That

(1) Such operator is prohibited from making adjustments that may result
in improper transmitter operation.

(2) The equipment is so designed that none of the operations necessary

to be performed during the course of normal rendition of service may
cause off-frequency operation or result in any unauthorized radiation.

(3) Any needed adjustments of the transmitter that may affect the proper
operation of the station are regularly made by or in the presence of
an operator holding first or se@nd class license, either telephone or
telegraph, who shall be responsible for the proper operation of the
equipment.
Exceptions:

(1) The license is not valid for the operation of any of the various classes
of broacasting stations othert than a relay broadcast station.

(2) The license is not valid for the operation of a coastal telephone
station or a coastal harbor station.

(b) Radiotelephone second class operator license. - Any station while using
type A-0, A-,4, A-5, A-9, F-3, F4, F-5, or P-3 emission, but holders
thereof are not authorized to act as chief operators in standard broadcast
stations, international broadcast stations, or high frequency and
television broadcast stations, or ship stations licensed to use power in
excess of 100 watts (output) and type A-3 emission for communication
with coastal telephone stations.

(c) Radiotelephone frsf c/ass opefiator license. -

Any station while using
type A-3, 44, A-5, A-9, F-5, F-9, or P-3 emission, except ship stations
licensed to use a power in excess of 100 watts (outputO and type A-3
emission for communication with coastal telephone stations.

(d) Radiotelegraph third c/ass operator license. - Any station while using
type A-0, A-1, A-2, A-3, A4, F-0, F-1, F-2, F-3, F-,4, or P-3 emission:
Provided, That in the case of equipment designed for and using type A-3,
A.4, F-3, F4, or P-3 emission.

(1) Such operator is prohibited from making adjustments that may

result in improper transmitter operation.

(2) The equipment is so designed that none of the operations

necessary to be performed during the course of normal rendition
of service may cause off-frequency operation or result in any
unauthorized radiation.

(3) Any needed adjustments of the transmifter which may affect

proper operation of the station are regularly made by or in the
presence of an operator holding a first or second class license
either telephone or telegraph, who shall be responsible for the
proper operation of the equipment.

(e) Radiotelegraph second c/ass operator /icense. - Any station while using
A4, F-0, F-1, F-2, F-3, F4, or P-3 emission, but
type A-0, A-2, A-3,
holders thereof are not authorized to act as chief operators on
passengers vessels or on cargo vessels in the international trade or in
broadcast stations other than relay broadcast stations, and
radiotelephone stations licensed to use power in excess of 100 watts
output.

(0 Radiotelegraph first class operator license. - Any station while using type
A-0, A-1, A-2, 44, A-3, F-0, F-1 , F-2, F-3, F-4, or P-3 emission, except
 broadcast stations other than relay broadcast stations, and
radiotelephone stations licensed to use power in excess of 300 watts
output.

(g) Radioteletype operator license. -

To operate printers of radioteletype
stations. (As amended by Dept. Order No. 25, dated Sept. 11, 1954.)

Sec. 22. Special Privileges.

(a) Any operator may conduct the operation of any station in the
experimental service while using frequencies above 300,000
kilocycles.

(b) Subject to the limitations set forth herein the holder of any class
radiotelephone operator licnese may operate a radiotelephone point-
to-point station, a coastal harbor station or a coastal telephone
station using A-1, A-2, F-1, or F-2 emission for testing or other
transmission entirely secondary and incidental to the service of such
station.

Sec. 23. Operatols Responsibility. - The licensed operator responsible for

the maintenance and operation of a transmitter may permit other persons to adjust
the transmitter in his presence for the purpose of carrying out tests or making
adjustments requiring specialized knowledge or skill, provided that he shall not be
relieved thereby from responsiblity for the improper operation of the equipment.

Miscellaneous

Sec. 24. lssue of Duplicate License. - An operator whose license or permit

has been lost, mutilated or destroyed, shall immediately notiff the Department. A
sworn application for duplicate should be submitted to the Department of Public
Works and Communications embodying a statement attesting to the facts of the loss
thereof. lf a license has been lost, the applicant must state that reasonable search
has been made for it and, that in the event that it be found, either the original or the
duplicate will be returned for cancellation. The applicant must also give a statement
about the service or services obtained under the lost license.

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Sec. 25. Posting of Licenses or Verified Statement. The license of each
station operator, except aircraft radio station operators, and operators of a portable
mobile station, shall be posted in a c-onspicuous place in the room occupied by such
operator while on duty. The holder of a radiotelegraph or radiotelephone first or
second class operator license who is employed as a service and maintenance
operator at stations operated by holders of their class operator license shall post at
such station his operator license or a verified statement from the Department of
Public Works and Communications in lieu thereof. In case of a lost license or a
license which has been submitted for renewal, the application for duplicate or
renewal shall be exhibited by the license.

Sec. 26. Examination and Lrbense Fees. - The following examination and
license fees shall be paid to the Radio Gontrol Board:
 (a) For examination:
(1) First class, radiotelegraph or radiotelephone
P 12.00
(2) Second class, radiotelegraph
radiotelephone 8.00

(3) Third class radiotelegraph 6.00

(4) Third class radiotelephone 3.00

(5) Radioteletype 3.00

(b) For License:

(1) First class, radiotelephone or radiotelegraph 12.40
for one year
8.00
(2) Second class, radiotelegraph
radiotelephone for one year 6.00

(3) Third class radiotelegraph for one year 3.00

(4) Third class radiophone for one year

3.00
(4-a) Radioteletype operator license for one year
(As amended by Dept. Order No. 28, dated 5.00
Sept. 11, 19il.)
(5) Duplicate license, any class

Sec. 27. Aviation Seryice Endorsement. - lf the operator has conducted the
operation of more than three stations in the aviation seryice, the service may be
shown by giving the name of the aviation chain or company, in lieu of listing the call
lefters of the several stations.

Sec. 28. Suspensrbn or Revocation of Lrbense. -

(a) Molating any provision of Act No. 3846 as amended or any
regu lations promu lgated thereu nder.

(b) Making any false statement in the application for license or in any
reports required to be submitted by these regulations.

(c) Failing to comply with the conditions under which a license is issued.
(d) Maliciously and intentionally causing damage to the radio equipment
in a radio station.
 Sec. 29. Penalty Provisions. - Section 12 of Act No. 3&46, as amended,
provides that any person who violates any provision of this Act, or any regulation
prescribed by the Secretary of Public Works and Communications or any piovision
of the International Radio Regulations, shall be punished by a fine of not-more than
two thousand pesos or by imprisonment for not more than two years or both, for
each and every offense. (As amended by Rep. Act. No. 584, approved Sept. 18,
1e50).

(sGD. ) CORNELTO BALMACEDA

Secretary of Commerce and Industry