Niue Radio Regulations 1972

  • revoked
  • Niue Radio Regulations 1972: revoked, on 20 September 2007, by section 7(2) of the Niue Amendment Act 2007 (2007 No 71).

Reprint
as at 20 September 2007

Niue Radio Regulations 1972

(SR 1972/128)

  • Niue Radio Regulations 1972: revoked, on 20 September 2007, by section 7(2) of the Niue Amendment Act 2007 (2007 No 71).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Maori and Islands Affairs Department.


PURSUANT to the Niue Act 1966, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents


1 Title and commencement
  • (1) These regulations may be cited as the Niue Radio Regulations 1972.

    (2) These regulations shall come into force in Niue on the 1st day of July 1972.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    The Act means the Post Office Act 1959

    Aerial means the electrical conductor or system of conductors used for effecting radiocommunication and includes any pole, insulator, stay wire, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any such conductor or system of conductors

    Aircraft station means a mobile station on board an aircraft

    Amateur service means a radiocommunication service carried on by duly authorised persons interested in radio technique by way of intercommunication and technical investigation solely with a personal aim and without pecuniary interest

    Apparatus means any apparatus intended for the purpose of effecting radiocommunication, whether by transmission or reception, or both

    Authorised officer in relation to any provision of these regulations means an officer authorised by the Resident Commissioner for the purpose of that provision

    Base station means a land station in the land mobile service carrying on a service with land mobile stations

    Broadcasting service means a radiocommunication service in which the transmissions, whether by way of sound, television, or otherwise, are intended for direct reception by the general public

    Coast station means a land station in the maritime mobile service

    Department means the Radio Station and includes the Superintendent of Radio, and any authorised officer

    Fixed service means a service of radiocommunication between specified fixed points

    Fixed station means a station in the fixed service

    Harmful interference means any emission, radiation, or induction which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with the provisions of these regulations

    International Radio Regulations means the radio regulations annexed to the International Telecommunication Convention, Montreux 1965, and includes any regulations made in amendment, addition, or substitution for the said radio regulations

    Land mobile service means a mobile service between base stations and land mobile stations, or between land mobile stations

    Land mobile station means a mobile station in the land mobile service capable of surface movement within the geographical limits of the country

    Land station means a station in the mobile service not intended to be used while in motion or during halts at unspecified points

    Licence means a licence under these regulations, for the installation and working of radio stations, or for the erection, construction, establishment, maintenance, or use of radio apparatus capable of transmitting or receiving radiocommunications within Niue or on any Niuean ship

    Licensee means any person to whom a licence is granted under these regulations

    Maritime mobile service means a mobile service between coast stations and ship stations, or between ship stations, in which survival craft stations may also participate

    Mobile service means a service of radiocommunication between mobile stations and land stations, or between mobile stations

    Mobile station means a station in the mobile service intended to be used while in motion or during halts at unspecified points

    To operate means to be in control of the functioning of radio receiving apparatus, or of radio transmitting apparatus while it is emitting radiations, or in control of the matter radiated by any such apparatus, but does not apply to any person while being the user of the public radiotelephone service; or to any person in respect of announcements made from a broadcasting station; and operation has a corresponding meaning

    Operator means any person duly authorised by these regulations to operate radio transmitting apparatus or radio receiving apparatus

    Premises means any building, site, vehicle, vessel, or structure, or any group of buildings within the same site or boundary and forming part of the establishment, or any part of any building or site under separate occupation or tenancy

    Public correspondence means any communication which any station must, by reason of its being operated as a public service for the convenience of the general public, accept for transmission

    Radiocommunication means any transmission, emission, or reception of signs, signals, impulses, writing, images, sounds, or intelligence of any nature, including pulsed radio-frequency emissions, by the free radiation in space of electromagnetic waves of frequencies between 10 kilohertz and 3,000 gigahertz

    Radio station and station mean one or more transmitters or receivers or a combination of transmitters and receivers including the accessory equipment, necessary at one location for carrying on a radiocommunication service classified by the service in which it operates permanently or temporarily

    Radiotelegraphy means a system of radiocommunication for the transmission of any kind of information by the use of a signal code

    Radiotelephony means a system of radiocommunication for the transmission of speech or other sounds

    Resident Commissioner means the Resident Commissioner of Niue

    Restricted radiation device means a device which radiates electromagnetic energy either incidentally to or as an essential element of its operation

    Ship station means a mobile station in the maritime mobile service located on board a vessel other than a survival craft, which is not permanently moored

    Superintendent means the Superintendent of Radio; and includes any officer of the Niue Public Service acting for the time being in the place of the Superintendent of Radio, whether during any vacancy in that office or otherwise

    Survival craft means a lifeboat, liferaft, or other survival equipment intended solely for survival purposes

    Telegram means any written matter intended to be transmitted by radiotelegraphy or radiotelephony for delivery to an addressee.

3 Application to stations on ships and aircraft
  • Unless otherwise expressly provided herein, these regulations shall be applicable to all radio stations established on any Niuean ship, and also to all radio stations established on ships or other vessels that are not Niuean ships during the time the ships or other vessels are within the territorial waters or harbours of Niue, and shall similarly be applicable to all aircraft stations on or over Niuean territory notwithstanding that the aircraft may not be registered in Niue.

Part 1
General matters

4 Application
  • The regulations contained in this Part of these regulations shall apply to every class of radio station except such stations as may be specifically exempted herein.

5 Resident Commissioner may establish radiocommunication systems
  • (1) Nothing in these regulations shall prejudice or affect the right of the Resident Commissioner from time to time to establish, extend, maintain, and work any system or systems of radiocommunication (whether of a like nature to those licensed hereunder or otherwise) in such manner as he shall in his discretion think fit.

    (2) Nothing in these regulations shall prejudice or affect the right of the Resident Commissioner from time to time to enter into agreements for or to grant licences relative to the working, and use of radio stations (whether of a like nature to those licensed hereunder or otherwise) for the transmission or reception of messages in any part of Niue by means of radiocommunication, or by any other means, with or to any person or persons whomsoever, upon such terms as the Resident Commissioner shall in his discretion think fit.

    (3) Except as expressly provided in these regulations, nothing herein contained shall be deemed to authorise any licensee to exercise any of the powers or authorities conferred on or acquired by the Resident Commissioner by or under the Act.

6 Delegation of Resident Commissioner's powers
  • Any of the powers or authorities given to the Resident Commissioner by these regulations may be delegated by him to such officer or officers of the Niue Public Service as he thinks fit.

7 Resident Commissioner may cause inquiry to be made
  • The Resident Commissioner may from time to time cause inquiry to be made into any matter connected with these regulations or arising thereunder, in such manner as he thinks fit, and licensees and operators shall comply strictly with every requirement of the Resident Commissioner made pursuant to any such inquiry.

8 Licence or construction permit required for a station
  • (1) Except as provided in these regulations, every person who not being the holder of a licence authorising him to do so, erects, constructs, establishes, maintains, or uses any apparatus capable of transmitting radiocommunications, or is in possession of any apparatus capable of receiving radiocommunications, commits an offence and shall be liable accordingly.

    Provided that before the issue of a licence, the Superintendent may issue a permit for the construction and testing of a station for which application for a licence has been made, and which is capable during that construction or testing or at any time whatsoever, of generating electric waves likely to interfere with radiocommunication, and that subject to regulation 9 hereof, for the purposes of this regulation, any such construction permit shall be deemed to be a licence until revoked, or if not revoked, until such time as a licence shall have been issued.

    (2) Notwithstanding anything in subclause (1) of this regulation that subclause shall not apply in respect of apparatus for the reception of radiocommunications in the broadcasting service.

9 Construction permit may lapse if certain conditions not met
  • Any construction permit issued by the Superintendent under regulation 8 of these regulations shall, unless extended by the Superintendent, be deemed to have lapsed if construction of the station has not been completed within 6 months from the date of the granting of the permit.

10 Classes of licences that may be granted
  • The following classes of licences may be granted, and shall be in such form as the Resident Commissioner from time to time approves in that behalf:

    • (a) For transmitting stations—

      • (i) Ship station licence:

      • (ii) Land mobile station licence:

      • (iii) Land station licence:

      • (iv) Fixed station licence:

      • (v) Amateur station licence:

    • (b) For receiving stations—

      • (i) Ship station receiving licence:

      • (ii) Land mobile station receiving licence:

      • (iii) Land station receiving licence:

      • (iv) Fixed station receiving licence.

11 Transmitting station licence to include both the transmitting and receiving apparatus
  • A transmitting station licence shall cover both transmitting apparatus and receiving apparatus at the station.

12 Superintendent's decision final
  • The Superintendent shall decide the class of licence and the number of licences to which any person is entitled in respect of any existing or proposed radio station, and his decision shall be final.

13 Terms, conditions, and restrictions, in connection with licence or construction permit
  • The Resident Commissioner may, in connection with any licence or construction permit, impose such terms, conditions., and restrictions, not inconsistent with the Act or these regulations, as he thinks fit.

14 Apparatus to comply with technical specifications
  • The Resident Commissioner may, at his discretion, require that any apparatus used in any radiocommunication service shall comply either in whole or in part with any technical specifications issued in that behalf from time to time by the Superintendent.

15 Period of validity of licence
  • Except where otherwise provided in these regulations, every licence issued under these regulations shall be in force from the time of the granting thereof until the date of expiration shown thereon (if any), or until suspended or revoked.

16 Resident Commissioner may refuse to grant application for licence
  • The Resident Commissioner may, at his discretion, refuse to grant an application for any class of radio licence.

17 Transmitting station licenses issued only to British subjects
  • No transmitting licence shall be issued to anyone other than a British subject except at the discretion of the Resident Commissioner, and subject to such terms, conditions, and restrictions as the Resident Commissioner thinks fit.

18 Licence for a corporate body
  • (1) Where the applicant for a licence is a corporate body, any individual through whom the application is made shall satisfy the Superintendent that he is duly authorised to make the application in the name and on behalf of the corporate body.

    (2) Where a licence is sought for a station vested in any person in trust for an association, institute, or other body of unincorporated persons, the applicant shall satisfy the Superintendent that he is or is to be the person to erect, construct, establish, maintain, and use the apparatus or that he is the person in possession of the station or apparatus in respect of which the licence is sought.

19 Licence personal to licensee
  • Every licence, permit, certificate, or authorisation issued or enuring under these regulations shall be personal to the licensee or holder thereof, and no licensee or the holder of any permit, certificate, or authorisation, shall assign, sublet, transfer, or otherwise dispose of, or for the purpose of profit admit any other person or body to participate in the benefit of any such licence, permit, certificate, or authorisation:

    Provided that the Superintendent or any person authorised by him in that behalf shall have the power, in any case at his sole and entire discretion to waive this requirement by giving prior consent in writing to any such disposal or admission and such consent shall enure only for the purpose of that disposal or admission and no subsequent disposal or admission.

20 Fee payable for licence
  • (1) Except as otherwise provided in these regulations, the fee payable in respect of any licence under these regulations shall be the appropriate fee prescribed in Schedule 1 hereto.

    (2) In the case of a station performing the service of both a land station and a fixed station, the fee for the licence for the station shall be the fee prescribed in clause 4 of Schedule 1 hereto.

    (3) The fee for a receiving station licence under paragraph (b) of regulation 10 of these regulations shall be half the fee prescribed for a transmitting station licence of the same class.

21 Commencing date for licensing year
  • Except as provided in these regulations, the fee payable for any licence described in regulation 10 hereof shall be the fee for the full licensing year, which shall be deemed to commence as follows:

    • (a) For a ship station licence: on the first day of January:

    • (b) For a land station licence, a land mobile station licence, or a fixed station licence: on the first day of April:

    • (c) For an amateur station licence: on the first day of the month of issue.

22 Short-term licence
  • The Superintendent may at his discretion issue a licence for a station or stations in the fixed service or the land mobile service for a period not exceeding 28 days.

23 Back dating of licence
  • Where a person applies for a licence in respect of any apparatus capable of transmitting or receiving radiocommunications, and before the grant of the licence he, without being the holder of a licence for the time being in force authorising the act, did any act in respect of the apparatus which, in accordance with these regulations, may only be done by the holder of a current licence, the licence applied for may be dated as of the date on which he first did the act:

    Provided that in any proceedings for an offence against these regulations a licence shall not be deemed to have been in force before the date on which it was granted.

24 Licence fee for period
  • In the case of a transmitting station licence (other than an amateur station licence) where the period to the end of the licensing year does not exceed 3 months and the licence is also taken out for the ensuing year or part of the year, the fee for the initial period shall be one-fourth of the annual fee and shall be added to the full annual fee for the ensuing licensing year.

25 Resident Commissioner may issue licence without payment of prescribed fee
  • Notwithstanding anything in these regulations, where in the opinion of the Resident Commissioner any such action is warranted, he may issue a licence without payment of the prescribed fee or upon payment of a reduced fee.

26 Licence subject to respective limitations and restrictions
  • Every radio licence shall be deemed to be subject to the respective limitations and restrictions contained in these regulations in respect of a licence of the class concerned as if those limitations and restrictions were set out expressly in the licence.

27 Non-liability of Resident Commissioner or Niue Public Service
  • Neither the Resident Commissioner nor the Niue Public Service shall be liable in respect of any action, claim, or demand that may be brought or made by any person in respect of any bodily injury or damage to property or any other circumstances arising from any act permitted by a licence issued under these regulations.

28 Application of International Radio Regulations
  • The provisions of the International Radio Regulations shall, except as may otherwise be provided in these regulations, apply to every licence issued by the Resident Commissioner, and every licensee shall observe any such provisions as far as they apply to the particular class of licence held by the licensee.

29 Radiocommunication restricted to services indicated in licence
  • Subject to the provisions of these regulations, a licence issued under these regulations shall not authorise the licensee to take part in any radiocommunication service other than the services indicated in the licence.

30 Competition with Government communication services prohibited
  • Except with the authority of the Resident Commissioner a radio station shall not be used in any way to compete with Government communication services, and shall not transmit or receive radiocommunications the transmission or reception of which is calculated, in the judgment of the Resident Commissioner, to cause loss of revenue to the Department,

    Provided that, in an emergency, communications having for their object the preservation of human life, the protection of property, or the detection of crime, may be transmitted or received without reference to the Resident Commissioner.

31 Station to be used for authorised radiocommunications only
  • Neither the licensee nor any other person shall use, nor shall the licensee cause or permit any person to use, any radio station for transmission or reception of radiocommunications except such radiocommunications as are authorised by these regulations.

32 Resident Commissioner may grant extension of normal terms of licence
  • Where difficulties inherent to the nature of radiocommunication may be overcome by a reasonable extension of the normal terms of any licence issued under these regulations the Resident Commissioner may grant to the licensee, in writing, such extension of the terms as in the opinion of the Resident Commissioner may be necessary in the circumstances.

33 Observance of conditions and provisions of licence and of regulations
  • Every licensee of a radio station shall faithfully observe and cause to be observed all the conditions and provisions of the licence and of these regulations as far as they are applicable.

34 Licensee personally responsible for observance of regulations and other conditions imposed
  • Notwithstanding any approval that may from time to time be given to the licensee by the Resident Commissioner for any person other than the licensee to operate any radio station, the licensee shall be personally responsible for the observance of these regulations and all other conditions imposed as if the station were operated by the licensee.

35 Infringement of copyright or patent, etc
  • The issue of a licence under these regulations shall not relieve the licensee of responsibility for infringement of copyright or of any patent for an invention, or for compliance with any other regulations, instructions, or rules which may be applicable.

36 Licence exercisable in respect of 1 address only
  • Subject to the provisions of these regulations, a radio station licence, except a licence for a mobile station, shall authorise any act covered by the licence only at the particular address stated in the licence and shall not extend to anywhere else.

37 Dismantling or removal of station
  • In the event of a radio station licensed under these regulations being dismantled, or (except in the case of a mobile station) removed from the particular address stated in the licence, the licensee shall, within 7 days thereafter, notify the Superintendent in writing accordingly.

38 Proposed alterations to transmitting apparatus to be notified
  • Any proposed alteration affecting the technical characteristics or the location or the functioning of the transmitting apparatus at any radio station shall be notified in writing to the Superintendent.

39 Harmful interference to other stations
  • The licensee of any radio station shall operate the station in such manner as not to cause harmful interference and shall comply with all such directions and conditions as may be given or made by the Superintendent from time to time for that purpose.

40 Harmful interference suffered by reason of deficiencies in receiving apparatus
  • It shall not be a breach of regulation 39 of these regulations if any harmful interference is, in the opinion of the Superintendent, suffered by any receiving apparatus by reason of its being of inferior design or construction or being incapable of such minimum technical performance as he may prescribe.

41 Directive aerials
  • Wherever the nature of the service permits, and if directed by the Superintendent, directive aerials shall be employed.

42 Erection of aerials
  • Aerials shall not, without the consent of the Resident Commissioner, be erected above or below any lines erected and maintained by the Department, or sufficiently near any such lines to permit contact with them should any such lines or the aerial fail.

43 Levels of spurious emissions
  • The licensee shall ensure that the levels of spurious emission of a station are kept at the lowest value which the general state of development of radio apparatus permits and in any case the levels of spurious emissions shall be maintained within the limits prescribed by the International Radio Regulations:

    Provided that the Superintendent may set any limit lower than that prescribed by the International Radio Regulations for the maximum permissible value of any spurious emission in which case the licensee shall ensure that the levels of spurious emissions do not exceed this lower limit so set.

44 No monopoly of allotted frequency
  • The allocation of any frequency to any transmitting station shall not be held to confer upon the licensee or upon the station so licensed, a monopoly of the use of that frequency:

    Provided that the Superintendent may at his discretion, and subject to such terms, conditions, and restrictions as he thinks fit, allocate to any licensee a frequency for the exclusive use of the licensee's station or stations so licensed.

45 Operator of transmitting station to hold valid certificate etc.
  • Except as otherwise provided in these regulations, or in the case of an emergency involving the safety of life or property, no person shall operate the apparatus at a transmitting station licensed under these regulations unless he is the holder of a valid certificate of the required class, or an authorisation issued, or in the case of a certificate recognised, by the Resident Commissioner.

46 Allocation of callsign
  • The Superintendent shall allot to every transmitting station licensed under these regulations a callsign by which the station shall be identified.

47 Transmission of callsign
  • Except as otherwise directed by the Superintendent, each transmitting station shall transmit its callsign as frequently as practicable, and in any event at least once in each hour during the course of transmissions.

48 Impersonation
  • No person shall, by means of a radio station, impersonate any other person, or pass off that radio station to be any other radio station, or use the callsign of another radio station improperly, or without lawful justification.

49 False, fictitious, or misleading radiocommunication or distress signal or call
  • No person shall transmit or cause or permit to be transmitted any radiocommunication of a false, fictitious, or misleading character and in particular but without prejudice to the foregoing, transmit or cause or permit to be transmitted any false or deceptive distress signal or distress call.

50 Seditious, profane, obscene, defamatory, or offensive radiocommunication
  • No person shall transmit or cause or permit transmission of any radiocommunication of a seditious, profane, obscene, or defamatory nature, or of an offensive nature or meaning.

51 Penalty for contravention of or non-compliance with regulations 48, 49, or 50
  • Any person who acts in contravention of or fails to comply with any requirement of regulations, 48, 49, or 50 hereof commits an offence against these regulations, and shall be liable on conviction to a fine not exceeding $100.

52 Log to be kept
  • (1) The licensee of every transmitting station shall, unless exempted by the Superintendent, keep a log record showing the hours during which the station is in operation, the time of each transmission, the class of emission, the station called, and the power and the frequency used.

    (2) In addition, stations of the maritime mobile service and aircraft stations shall record such other particulars as may be required from time to time by the Superintendent.

    (3) The log shall be retained for a period of 1 year, and shall be produced for perusal by an authorised officer whenever required.

53 Unauthorised use of information
  • Every person who, by virtue of any radio station, has access to any radiocommunication not intended for his information, shall preserve the secrecy of that radiocommunication and any information whatsoever derived from it, and shall not except as authorised in these regulations make use of that radiocommunication or any information whatsoever derived from it and shall not reproduce or cause or permit to be reproduced, in a newspaper or elsewhere, or communicate to any third party, any such radiocommunication or any information derived therefrom, nor shall the fact of the existence of the radiocommunication be disclosed.

54 Publication of information
  • Except with the authority of the Resident Commissioner, no licensee or other person shall communicate to a newspaper for publication any radiocommunication by whatever means received:

    Provided that the provisions of this regulation shall not apply to the private correspondence of the licensee.

55 Penalty for contravention of or non-compliance with regulations 53 or 54
  • Any person who acts in contravention of or fails to comply with any provision of regulations 53 or 54 hereof commits an offence and shall be liable on conviction to a fine not exceeding $100.

56 Copy of telegram
  • Nothing in these regulations shall be deemed to prohibit a person duly authorised in that behalf from giving a copy of any telegram or information relating to any telegram to the person or persons entitled thereto, or to properly authorised officials of Her Majesty's Government, or to a competent legal tribunal.

57 Restricted radiation devices
  • Notwithstanding anything in these regulations, restricted radiation devices operated subject to the following conditions need not be licensed under these regulations:

    • (a) Operation shall be confined to the frequency range of 10 kHz to 150 kHz, or, in the case of devices used solely for the transmission of the output of musical instruments or of record reproducing devices, to the frequency ranges of 10kHz to 150 kHz and 525 kHz to 1605 kHz:

    • (b) The distance over which the operation extends shall not exceed 50 ft; and at this distance the electromagnetic field shall not exceed 15 microvolts per metre in any direction:

    • (c) No microphone for voice reproduction shall be connected to any such device:

    • (d) The devices shall be operated with the minimum power necessary to accomplish the desired purpose:

    • (e) The best engineering principles shall be utilised in the generation of radio frequency energy so as not to cause harmful interference to other radiocommunication services; and in the event that such interference is caused, the operator of the device shall promptly take steps to eliminate the interference:

    • (f) Any harmful interference that may be experienced from the operation of other restricted radiation devices, or from the operation of any other radiocommunication service, must be tolerated.

58 Control of stations in emergency
  • (1) If and whenever an emergency has arisen in which it is expedient in the public interest that Her Majesty's Government shall have control over the radio-communications of any licensed radio stations, it shall be lawful for any officer of Her Majesty's armed forces, or for any other person authorised in that behalf by the Resident Commissioner, to take possession of, or to cause the station or any part thereof to be taken possession of, in the name and on behalf of Her Majesty, and to be used for Her Majesty's service, and subject thereto, for such other services as the said officer or person may deem fit.

    (2) In that event, the officer or any person authorised in that behalf by the Resident Commissioner may enter upon any premises at, or on which, the station or any part thereof is installed, and take possession of the station or any apparatus comprising the station and use the same as aforesaid.

    (3) Any such officer or authorised person may in such event as aforesaid, instead of taking possession of the station, direct and authorise such persons as he may think fit to assume the control of the radiocommunications of the station, either wholly or partly, to such extent and in such manner as he may direct, and any such persons may enter upon any station accordingly; or the said officer or person authorised by the Resident Commissioner in that behalf may—

    • (a) Direct the licensee or his servants or agents to submit to him, or any person authorised by him, all messages tendered for transmission or received by the licensed station, or any class or classes of any such messages; or

    • (b) Direct the licensee or his servants or agents to stop or delay the transmission of any messages, or deliver the same to the said officer or person or his agent, and generally to obey all such directions relating to the reception and transmission of messages as the said officer or person may prescribe; or

    • (c) Dismantle or order the dismantling of the said station,—

    and the licensee and his servants or agents shall obey and conform to all such directions or orders.

59 Inspection of stations
  • The Resident Commissioner, or any agent duly authorised by him, may at any time inspect any station other than a station for the reception of radiocommunications in the broadcasting service, and may inspect the working and use of any such station, and for that purpose, or for the purpose of determining whether the qualifications of any operators employed conform to the requirements of these regulations, may enter upon any property or premises on which any such station is established, and the licensee shall afford the Resident Commissioner or his agent all reasonable facilities therefor.

60 Licence, permit, or authorisation to be available
  • Except as otherwise provided in these regulations, the licensee of any radio station shall cause the licence, permit, or authorisation, as the case may be covering the station, to be available at the station at all times for inspection by an authorised officer.

61 Duplicate copy of licence
  • (1) A duplicate copy of a licence shall be issued only on production of satisfactory evidence that the original has been lost, mutilated, or destroyed.

    (2) The fee for any duplicate copy of a licence shall be that prescribed in Schedule 1 hereto.

62 Requirements where breach committed against the Act or regulations
  • If in the opinion of the Superintendent or other officer duly authorised by the Resident Commissioner a breach of the Act or of these regulations has been committed in respect of the installation or operation of any radio apparatus, the Superintendent or authorised officer may require the licensee or operator or other person responsible for the alleged breach to cease to operate or to dismantle the apparatus pending the determination of the Resident Commissioner in respect of the alleged breach, and may take into custody the whole or part of any such apparatus or in other manner render the said apparatus inoperative, and any such direction or action shall subsist until countermanded by the Resident Commissioner.

63 Suspension or revocation of licence, permit, certificate, or authorisation
  • (1) Any licence, permit, certificate, or authorisation issued or enuring under these regulations may at any time be suspended or revoked by the Resident Commissioner at his discretion in the event of misconduct or of a breach on the part of the holder thereof of the International Radio Regulations, or of these regulations, or of any conditions, directions, or rules prescribed by the Resident Commissioner for the guidance of operators or for the working of the licensed station, or of any conditions, directions, or rules subject to which the licence, permit, certificate, or authorisation was issued, or where it appears to the Resident Commissioner to be in the public interest, or upon the grounds that an emergency has arisen in which it is expedient that Her Majesty's Government shall have control over radiocommunication.

    (2) The licensee shall not be entitled to compensation for any suspension or revocation of a licence, permit, certificate, or authorisation under this regulation.

    (3) Any such suspension or revocation shall be effected by notice served on the licensee, or holder of the permit, certificate, or authorisation, personally, or sent by registered post addressed to him at his usual or last known place of abode or business in Niue, or at any address stated in the licence, permit, certificate, or authorisation or in any application for a licence, permit, certificate, or authorisation, or publicly notified as provided by regulation 64 of these regulations, and shall be deemed to have been given, if sent by post, at the time when it would be received at its address in the ordinary course of registered post, and, if publicly notified, on the day following the first publication of the notice.

    (4) Any licence, permit, certificate, or authorisation revoked under this regulation shall be forthwith surrendered to the Resident Commissioner.

64 Notice of suspension or revocation
  • The Resident Commissioner may publicly notify the suspension or revocation of any licence, permit, certificate, or authorisation, and may give notice to any person of the suspension or revocation.

65 Failure to surrender licence, permit, certificate, or authorisation
  • Any person who, without reasonable cause, fails to surrender any licence, permit, certificate, or authorisation so revoked as aforesaid, after having been required in writing or otherwise by the Resident Commissioner, or by any person acting on his behalf, so to do, commits an offence against these regulations.

66 Service of notice, request, or consent
  • (1) Any notice, request or consent (whether required to be in writing or not) given by the Resident Commissioner under these regulations may be under the hand of the Superintendent or other authorised officer of the Department, and may be served by sending the same in a registered letter addressed to the person concerned at his office or place of residence for the time being, or, if any such notice, request, or consent relates to any particular ship station, by delivering the same to the master or other person responsible for the ship upon which the station is installed.

    (2) Any notice to be given by any licensee or any other person under these regulations may be served by sending the same in a registered letter addressed to the Superintendent, Radio Station, Niue.

67 Penalty where no other penalty provided
  • Any person who acts in contravention of, or commits an offence against, any of these regulations for which a penalty is not otherwise provided, or who commits any breach of the conditions of a licence, permit, certificate, or authorisation of which he is the holder, and for which a penalty is not otherwise provided, shall be liable on conviction to a fine not exceeding $20.

Part 2
Operators certificates, authorisations, and examinations

68 Classes of certificates
  • (1) The classes of operators certificates of competency which may be granted are the following:

    • (a) Radiotelegraph operators special certificate:

    • (b) General radiotelephone operators certificate:

    • (c) Restricted radiotelephone operators certificate:

    • (d) Land radiotelephone operators certificate:

    • (e) Amateur operators certificate.

    (2) The fee payable in respect of the entry for the examination for any such certificate shall be the appropriate fee prescribed in Schedule 2 hereto.

69 Form of certificate or authorisation
  • Any certificate or authorisation shall be in such form and subject to such conditions, directions, or rules, as the Resident Commissioner may from time to time approve in that behalf.

70 Terms, conditions, and restrictions, in connection with certificate or authorisation
  • The Resident Commissioner may, in connection with any certificate or authorisation, impose such terms, conditions, and restrictions, not inconsistent with the Act or these regulations, as he thinks fit.

71 Resident Commissioner may refuse to grant application for an operators certificate or authorisation
  • The Resident Commissioner may, at his discretion, refuse to grant an application for any class of operators certificate or authorisation.

72 Operators certificates issued only to British subjects
  • No operators certificate shall be issued to anyone other than a British subject except at the discretion of the Resident Commissioner and subject to such terms, conditions and restrictions as the Resident Commissioner thinks fit.

73 Recognition of Commonwealth operators certificate
  • The Superintendent may at his discretion recognise as the equivalent of an operators certificate issued under these regulations an operators certificate of similar class issued by another country of the Commonwealth of Nations or by the Republic of Ireland.

74 Conditions for the conduct of examinations
  • The Superintendent may from time to time prescribe the conditions for the conduct of any examination pursuant to these regulations.

75 Minimum age limit
  • No operators certificate shall be issued under these regulations to a person less than 18 years of age:

    Provided that—

    • (a) An amateur operators certificate may be issued to a person not less than 16 years of age; and

    • (b) At the discretion of the Superintendent a restricted radiotelephone operators certificate or a land radiotelephone operators certificate may be issued to a person not less than 16 years of age.

76 Examination for radiotelegraph operators special certificate
  • To qualify for a radiotelegraph operators special certificate a candidate shall pass the appropriate examination prescribed in the International Radio Regulations together with a test in the exchanging of traffic, and a practical test to determine the candidate's ability to send correctly and to receive correctly by telephone.

77 Endorsement of certificate for radiotelegraph service only
  • Where a candidate for the examination for a radiotelegraph operators special certificate is unable to pass a test in sending and receiving messages by telephone but passes in all other subjects, an appropriate certificate endorsed to apply exclusively to the radiotelegraph service may be issued.

78 Examination for radiotelephone operators certificate
  • To qualify for a general or restricted radiotelephone operators certificate a candidate shall pass the appropriate examination prescribed in the International Radio Regulations.

79 Examination for land radiotelephone operators certificate
  • To qualify for a land radiotelephone operators certificate a candidate shall pass an examination comprising a knowledge of the rules and regulations applicable to the particular class of station or service in respect of which that certificate is required.

80 Examination for amateur operators certificate
  • (1) There shall be 3 grades of amateur operators certificate.

    (2) To qualify for a certificate of Grade I a candidate shall pass an examination comprising—

    • (a) A written examination in the elementary principles of electricity, radiotelegraphy, and radiotelephony, and in the adjustment and operation of radio apparatus used in a typical amateur station; and

    • (b) A knowledge of such of these regulations as are applicable to the amateur service; and

    • (c) A morse operating test, both sending and receiving, at a speed of 15 words a minute.

    (3) To qualify for a certificate of Grade II a candidate shall pass an examination comprising—

    • (a) The examination prescribed in paragraphs (a) and (b) of subclause (2) of this regulation; and

    • (b) A morse operating test, both sending and receiving, at a speed of 12 words per minute.

    (4) To qualify for a certificate of Grade III a candidate shall pass an examination comprising the examination prescribed in paragraphs (a) and (b) of subclause (2) of this regulation.

81 Re-examination
  • (1) In circumstances in which any such action is deemed to be necessary or desirable in the public interest, the Superintendent may require any person to whom any class of operators certificate or authorisation under these regulations has been issued to submit himself for re-examination in any or all of the subjects required for examination for the class of certificates or authorisation concerned.

    (2) Where any person fails to submit himself for re-examination in accordance with this regulation when so required by the Superintendent, or fails to qualify at the re-examination the certificate or authorisation issued to that person may be suspended or revoked for such period as the Resident Commissioner in his discretion shall determine.

82 Recount of marks awarded
  • (1) In circumstances in which any such action appears desirable the Superintendent may approve a recount being made of the marks awarded to a candidate in respect of any written examination prescribed by these regulations.

    (2) The fee in respect of each paper for which a recount of marks is undertaken shall be that prescribed in Schedule 2 hereto.

83 Declaration of secrecy
  • Before any operators certificate or authorisation under these regulations is issued a written declaration that he will preserve the secrecy of any radiocommunication not intended for his information shall be made by the applicant.

84 Duplicate operators certificate or authorisation
  • (1) A duplicate copy of an operators certificate or authorisation shall be issued only on production of satisfactory evidence that the original has been lost, mutilated, or destroyed.

    (2) The fee for any such duplicate copy shall be that prescribed in Schedule 2 hereto.

Part 3
Mobile stations

85 Types of licences
  • The following licences may be issued for the categories of mobile stations mentioned—

    • (a) Ship station licences for ship stations:

    • (b) Land mobile station licences for land mobile stations.

86 Limitation applying to ship stations
  • Except as provided in regulation 88 of these regulations, ship stations are authorised to communicate only with other stations of the maritime mobile service or with aircraft stations.

87 Distress calls and distress messages
  • Mobile stations of the maritime mobile service and aircraft stations shall accept, with absolute priority, distress calls and distress messages regardless of their origin, and the operator shall immediately convey any such calls and messages to the master or other person responsible for the ship or aircraft and take such other action in regard thereto as may be required.

88 Station in distress may use any means at its disposal to attract attention, etc
  • No provision in these regulations shall be so construed as to hinder a ship or aircraft station in distress using any means at its disposal to attract attention, indicate its position, and obtain assistance.

89 Ship stations licensed to engage in public correspondence
  • (1) There shall be 4 categories of ship stations licensed to engage in public correspondence, and the category of any such ship station shall be as determined by the Resident Commissioner.

    (2) The licensee of a ship station shall provide a service at least during the hours of service for the category of ship station in which that ship is placed prescribed as follows:

    • First category: ship stations of the first category shall maintain a continuous service:

    • Second category: ship stations of the second category shall maintain a service for 16 hours a day:

    • Third category: ship stations of the third category shall maintain a service for 8 hours a day:

    • Fourth category: ship stations of the fourth category shall maintain a service the duration of which may, if not otherwise prescribed by the International Radio Regulations, be less than that of stations in the third category.

    (3) The class of operator for each category of ship station shall be as prescribed by the International Radio Regulations for ship stations of the appropriate category participating in the international public correspondence service.

90 Ship stations employing radiotelephony not licensed to engage in public correspondence
  • The minimum qualification to be held by each operator of a ship station employing radiotelephony and not licensed to engage in public correspondence shall be a general radiotelephone operators certificate or a restricted radiotelephone operators certificate as determined by the Resident Commissioner.

91 Ship stations employing radiotelegraphy not licensed to engage in public correspondence
  • Ship stations employing radiotelegraphy not licensed to engage in public correspondence shall be manned by an operator holding a radiotelegraph operators special certificate or a radiotelegraph operators certificate of higher grade.

92 Accounts, payments, and retention of records
  • (1) The licensee of a ship station open for public correspondence shall keep full accounts, records, and registers of all radiotelegrams transmitted by him. Each radiotelegram shall be identified by a number and date, full particulars of its place of origin and of ultimate destination, and such further particulars as the Superintendent may from time to time require to be shown.

    (2) The licensee shall preserve all used radiotelegram forms whether written or printed, and transcripts of radiotelegrams, and all other papers relating thereto, for such period as is prescribed by the International Radio Regulations; and these shall accompany any account or inquiry submitted by the licensee to the Superintendent.

    (3) The originals of radiotelegrams, and documents relating to radiotelegrams retained by the licensee, shall be held, with all necessary precautions to maintain privacy as to their contents, for 6 months from the month in which the accounts were submitted.

    (4) The licensee shall pay to the Superintendent, at such times and in such manner as the Superintendent shall direct, all sums due from the licensee for radiotelegrams exchanged between the licensed station and coast stations in accordance with the charges due under the International Radio Regulations as the Superintendent may direct.

    (5) When requested by a coast station for particulars of how or by whom accounts are to be settled the licensee of the ship station shall, as a matter of regular procedure, furnish to the coast station the necessary particulars.

93 Documents to be carried by ship stations
  • Ship stations shall carry such documents relating to the operation of the station as the Superintendent may require.

94 Ship stations operating in bands between 405 kHz and 535 kHz
  • Every ship station licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall be able to transmit class A2 or class A2H emissions and receive class A2 and class A2H emissions on the international calling and distress carrier frequency of 500 kHz.

95 Ship stations operating in bands between 1605 kHz and 2850 kHz
  • Every ship station licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz shall be able to transmit class A3 or class A3H emissions and receive class A3 and class A3H emissions on the international calling and distress carrier frequency of 2182 kHz.

96 Ship stations operating in bands between 156 MHz and 174 MHz
  • Every ship station licensed to use a radiotelephone installation in the authorised bands between 156 MHz and 174 MHz shall be able to transmit and receive class F3 emissions on the international calling and safety frequency of 156.80 MHz and on the primary intership frequency of 156.30 MHz.

97 Ship stations to keep listening watch on 500 kHz
  • All ship stations licensed to use radiotelegraph installations in the authorised bands between 405 kHz and 535 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 500 kHz twice each hour for 3 minutes commencing at 15 minutes and 45 minutes past the hour, Greenwich Mean Time. During these periods all transmissions in the bands between 485 kHz and 515 kHz except for distress, urgency, or safety transmissions, shall cease.

98 Ship stations to keep listening watch on 2182 kHz
  • All ship stations licensed to use radiotelephone installations in the authorised bands between 1605 kHz and 2850 kHz shall during their hours of service, observe a listening watch on the international distress carrier frequency of 2182 kHz twice each hour, for 3 minutes commencing on the hour and half hour, Greenwich Mean Time. During these periods all transmissions between the frequencies of 2173.5 kHz and 2190.5 kHz, except for distress, urgency, or safety transmissions, shall cease.

99 Inspection of ship stations
  • (1) If on inspection under regulation 59 hereof, any ship station is found to be not so equipped or provided for as prescribed in these regulations, or in the International Radio Regulations where those regulations are applicable, a notice in writing pointing out the deficiency shall be given to the master or licensee of the station, and a copy of that notice shall be given to an authorised representative of the Marine Department at the port where the inspection is carried out.

    (2) Upon receipt of any such notice the master or other person responsible for the station shall take immediate steps to rectify the deficiency.

100 Prevention of transmissions from ships in harbour in special circumstances
  • (1) If and whenever Her Majesty's Government in Niue shall deem any such action necessary in the interests of the State the Resident Commissioner may, by notice published, prohibit the use of radio by ship stations in harbour and notify that the provisions of this regulation shall be in force until further notification, and thereafter and until a countermanding notice has been similarly published, the following provisions shall apply in respect of ships entering or in any harbour:

    • (a) The radio transmitting apparatus shall be rendered inoperative by the Customs Officer boarding the vessel, and the room or rooms housing the apparatus shall be locked by the Customs Officer and the keys handed to the master who shall be responsible for their custody. The master shall ensure that all portable transmitters are rendered inoperative by being made subject to the same procedure:

    • (b) During the stay of the vessel in harbour, access to the radio transmitting apparatus will be allowed only if it is necessary for the radio staff to have such access in order to carry out maintenance work, or other essential duties:

    • (c) The master shall ensure that no transmissions are made while the radio transmitting apparatus is so accessible and that the cabin is relocked as soon as all maintenance work or other essential duties have been done:

    • (d) In the case of any foreign ship all radio transmitting apparatus shall be sealed by the Customs Officer boarding the vessel before locking the room or rooms housing the apparatus pursuant to paragraph (a) of this subclause and the master shall be responsible for ensuring that the seals are not broken during the vessel's stay in harbour:

      Provided that access to radio transmitting apparatus shall be allowed only for essential maintenance purposes upon the master notifying the Customs Officer when access is required and the said Officer arranging for the breaking of the seals. The master shall ensure that no transmissions are made while the apparatus is so accessible.

    (2) An entry shall be made in the ship's station log of any action taken under subclause (1) of this regulation.

    (3) No radar installation shall be used by any ship while in harbour except when the ship is under way and no radio transmissions shall be made at any time while the ship is in harbour.

    (4) If at any time while the provisions of this regulation are in force there is in respect of any ship in harbour a failure to comply with any of the provisions of this regulation the owner and master thereof shall be guilty of an offence, and the owner and master and any other person committing a breach of subclause (3) of this regulation shall be guilty of an offence, and shall be severally liable on conviction to a fine not exceeding $2,000.

101 Notice of detention of a ship
  • (1) Whenever at any time the Resident Commissioner has reasonable cause to believe or suspect that any breach of subclause (3) of regulation 100 of these regulations has been committed on board any merchant ship while in harbour, he may give notice in writing to the Comptroller of Customs to detain the ship under section 166 of the Post Office Act 1959 until the sum of $2,000, or such smaller sum as may be specified in the notice, has been deposited with the Comptroller of Customs by or on behalf of the person liable.

    (2) If on receipt of that notice, or at any time within 3 months thereafter, the ship is found within port, the Comptroller of Customs shall withhold the certificate of clearance of the ship under section 72 of the Customs Act 1966, until and unless the aforesaid sum is deposited with him or the aforesaid notice of detention is withdrawn.

    (3) If within 6 months after the date of the offence in respect of which the ship has been detained a conviction for that offence is obtained against any person, the sum so deposited shall be available for the satisfaction of any fine and costs imposed and awarded by the conviction, and the residue, if any, shall be returned to the person by whom or on whose behalf the deposit is made.

    (4) If within the period of 6 months aforesaid no such conviction is obtained, the sum so deposited shall be returned to the person by whom or on whose behalf it was deposited.

    (5) The countermanding of a notice that the provisions of this regulation are in force shall not affect the liability of any person for an offence committed before the publication of the countermanding notice.

102 Qualifications of operators of land mobile stations
  • The minimum qualification to be held by each operator of a land mobile station shall be a radiotelegraph operators special certificate or a land radiotelephone operators certificate as the case may require:

    Provided that if the frequency of emission of a radiotelephone transmitter is above 30 MHz no operators certificate shall be required.

103 Penalty where no other penalty provided
  • Any person who commits a breach of any of the regulations in this Part for which a penalty is not otherwise provided in this Part commits an offence and shall be liable on conviction to a fine not exceeding $200 for each such breach.

Part 4
Land stations

104 Types of licences
  • Land station licences may be issued for the following categories of land stations:

    • (a) Coast stations:

    • (b) Base stations.

105 Coast stations operating in bands between 405 kHz and 535 kHz
  • Every coast station licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall be able to transmit class A2 or class A2H emissions and receive class A2 and class A2H emissions on the international calling and distress carrier frequency of 500 kHz.

106 Coast stations operating in bands between 1605 kHz and 2850 kHz
  • Every coast station licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz and capable of transmitting on the international calling and distress carrier frequency of 2182 kHz shall be able to transmit class A3 or class A3H emissions and receive class A3 and class A3H emissions on that carrier frequency.

107 Coast stations operating in bands between 156 MHz and 174 MHz
  • Every coast station licensed to use a radiotelephone installation in the authorised bands between 156 MHz and 174 MHz shall be able to transmit and receive class F3 emissions on the international calling and safety frequency of 156.80 MHz.

108 Coast stations to keep listening watch on 500 kHz
  • All coast stations licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 500 kHz twice each hour for 3 minutes, commencing at 15 minutes and 45 minutes past the hour, Greenwich Mean Time. During these periods all transmissions in the bands between 485 khz and 515 kHz, except for distress, urgency, or safety transmissions, shall cease.

109 Coast stations to keep listening watch on 2182 kHz
  • All coast stations licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 2182 kHz twice each hour for 3 minutes, commencing on the hour and half hour, Greenwich Mean Time. During these periods all transmissions between the frequencies of 2173.5 kHz and 2190.5 kHz, except for distress, urgency, or safety transmissions, shall cease.

110 Qualifications of operators of coast stations
  • The minimum qualification to be held by each operator of a coast station shall be a radiotelegraph operators special certificate or a restricted radiotelephone operators certificate as the case may require.

111 Qualifications of operators of base stations
  • The minimum qualification to be held by each operator of a base station shall be a radiotelegraph operators special certificate or a land radiotelephone operators certificate, as the case may require:

    Provided that where the frequency of emission of a radiotelephone transmitter is above 30 MHz no operators certificate shall be required.

Part 5
Fixed stations

112 Scope of licences
  • A fixed station licence may be issued for a fixed station and shall specify fixed points between which radiocommunications are authorised for that station.

113 Qualifications of operators
  • The minimum qualification to be held by each operator of a fixed station shall be a radiotelegraph operators special certificate or a land radiotelephone operators certificate, as the case may require:

    Provided that where the frequency of emission of a radiotelephone transmitter is above 30 MHz no operators certificate shall be required.

Part 6
Amateur stations

114 Scope of licences
  • Amateur station licences shall authorise the establishment of stations in the amateur service.

115 Persons to whom licences may be issued
  • Amateur station licences shall be issued only to the holders of amateur operators certificates, and shall be issued only to individuals:

    Provided that in the case of any society having as its sole or principal object the pursuit by its members of an interest in amateur radio a licence may be issued to an authorised official of the society as trustee therefor.

116 Qualifications of operators
  • No person shall operate an amateur station unless he holds an amateur operators certificate, nor shall the licensee of any such station cause or permit any person not being the holder of such a certificate to operate the said station:

    Provided that any person not ordinarily resident in Niue who, in the country in which he is ordinarily resident, is the holder of an amateur station licence or an amateur operators certificate may operate an amateur station under the direct supervision of the licensee.

117 Issue of authorisation to non-British subject
  • (1) The Resident Commissioner may, at his discretion, and subject to such terms, conditions, and restrictions as he may prescribe in that behalf, issue an authorisation to permit any person who is not a British subject, and who is licensed by his Government as an amateur radio operator, to operate the amateur station licensed by his Government, in Niue.

    (2) No authorisation shall be issued under subclause (1) of this regulation unless the Resident Commissioner is satisfied that the applicant's Government is willing to make reciprocal arrangements for the benefit of amateur radio operators holding amateur operators certificates issued by the Resident Commissioner.

    (3) The Resident Commissioner may, at his discretion, refuse to issue any authorisation under this regulation notwithstanding that the applicant's Government may be willing to make reciprocal arrangements as aforesaid, or may, at his discretion, suspend or revoke an authorisation under this regulation.

    (4) The holder of an authorisation under this regulation shall, subject to the terms and conditions of the authorisation, have in Niue all the rights and obligations of the holder of an amateur operators certificate issued by the Resident Commissioner.

118 Temporary operation at a different address
  • An amateur station licence shall authorise the establishment of an amateur station at the licensee's usual address or, during such times as the licensee may be temporarily absent from his usual address, the establishment by him of a station at a different address.

119 Communication permitted with other amateur stations only
  • Except in the case of emergency or where otherwise approved by the Superintendent, amateur stations shall be used for the purpose of communicating with other stations of the amateur service only.

120 Handling of third party messages prohibited
  • Licensees of amateur stations shall not engage in radiocommunication for any third party.

121 Licensees not to engage in radiocommunication for hire or material compensation
  • Licensees of amateur stations shall not engage in radiocommunication for hire or material compensation, direct or indirect, paid or promised.

122 Limitation on class of message
  • All radiocommunications from amateur stations, whether by speech or in Morse code, shall be conducted in plain language and shall be limited to messages of a technical nature relating to radio experiments and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified.

123 Transmission of news, entertainment, or recordings prohibited without prior approval
  • Except with the prior written approval of the Superintendent, the licensee of an amateur station shall not transmit matter by way of national or international news, or any matter by way of public entertainment, or which by virtue of its significance would be of concern to the public generally, or any body of the public, and shall not transmit recordings of any kind.

124 Power permitted
  • (1) Except as may be authorised by the Resident Commissioner, the power permitted to be used in transmitting apparatus at an amateur station shall not exceed 150 watts direct current input to the final radio frequency stage or stages delivering power to the aerial.

    (2) In those cases where the power input varies with the modulating component the measurement of the direct current input shall be made with the transmitter fully modulated and using meters of a type in which full-scale current causes 63 percent of full-scale reading in one quarter of a second or less.

125 Harmful interference to broadcast reception
  • (1) In the event of the operation of an amateur station causing harmful interference to broadcast reception by receiving apparatus which, in the opinion of the Superintendent or other authorised officer, is of reasonable selectivity, the licensee of the amateur station concerned shall when so required by the Superintendent or other authorised officer, forthwith cease to operate the station on the frequency or frequencies which cause interference until the interference is removed.

    (2) Should the complete elimination of the interference be impossible, the operation of the station may be resumed only with the permission of the Superintendent or other authorised officer on such conditions and at such times as may be prescribed.

Part 7
Miscellaneous

126 Savings
  • Notwithstanding anything in these regulations, every person who at the commencement of these regulations held—

    • (a) Both an amateur operators certificate, and an amateur high frequency permit, issued under the Radio Regulations 19531 shall be entitled to do everything that can be done under and subject to these regulations by the holder of an amateur operators certificate of Grade I as if in every way he were the holder of an amateur operators certificate of that grade issued under these regulations; or

    • (b) An amateur operators certificate issued under the Radio Regulations 1953 shall be entitled to do everything that can be done under and subject to these regulations by the holder of an amateur operators certificate of Grade II as if he were the holder of an amateur operators certificate of that grade issued under these regulations.

127 Revocations
  • (1) The regulations specified in Schedule 3 to these regulations shall no longer have effect as if they were in force in Niue.

    (2) Subclause (2) of regulation 198 of the Radio Regulations 19702 is hereby consequentially repealed.


Schedule 1
Fees payable in respect of licences issued under the Niue Radio Regulations 1972

1.For a ship station licence if the ship is required by any enactment to be equipped with a radio transmitting installation$10 per annum.
2.For a ship station licence if the ship is not required by any enactment to be equipped with a radio transmitting installation, or for a land mobile station licence other than a short-term licence$6 per annum.
3.For a fixed station licence other than a short-term licence$6 per annum.
4.For a land station licence other than a short-term licence for a base station$6 per annum.
5.For a short-term licence for a base station, a fixed station, or a land mobile station$1 for each station.
6.For an amateur station licence$3 per annum.
7.For a duplicate copy of any licence$1.

Schedule 2
Fees payable in respect of certificates issued under Part 2 of the Niue Radio Regulations 1972

1.For examinations — 
 (a)Radiotelegraph operators special certificate$2.
 (b)General radiotelephone operators certificate$2.
 (c)Restricted radiotelephone operators certificate$1.50.
 (d)Land radiotelephone operators certificate$1.
 (e)Amateur operators certificate$0.75.
 (f)Morse operating only$0.50.
2.For each examination paper in respect of which a recount of marks is undertaken$0.50.
3.For a duplicate copy of a certificate$0.50.

Schedule 3
Regulations no longer having effect in Niue

The Radio Regulations 1953 (Reprinted with Amendments Nos 1 to 12 incorporated: SR 1967/193).

The Radio Regulations 1953, Amendment No 13: SR 1968/16.

P J BROOKS Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations provide for the establishment and administration of radio services in Niue, and are in substitution for the Radio Regulations 1953, which cease to have effect in Niue from 1 July 1972.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 22 June 1972.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Niue Radio Regulations 1972. It incorporates all the amendments to the Niue Radio Regulations 1972 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)

  • 1 Reprinted with Amendments Nos 1-12 incorporated: SR 1967/193

  • 2 SR 1970/40