Section 220.38 - Communication equipment failure(a) Any radio or wireless communication device found not to be functioning as intended when tested pursuant to § 220.37 shall be removed from service and the dispatcher or other employee designated by the railroad shall be so notified as soon as practicable.(b) If a radio or wireless communication device fails on the controlling locomotive en route, the train may continue until the earlier of- (1) The next calendar day inspection, or(2) The nearest forward point where the radio or wireless communication device can be repaired or replaced.