Radiocommunications Amendment Regulations 2005

2005/171

Radiocommunications Amendment Regulations 2005


Note

These regulations are administered in the Ministry of Economic Development.


Pursuant to sections 116, 134, and 135 of the Radiocommunications Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Radiocommunications Amendment Regulations 2005.

    (2) In these regulations, the Radiocommunications Regulations 20011 are called the principal regulations.

2 Commencement
  • (1) These regulations (except regulation 7) come into force on 1 July 2005.

    (2) Regulation 7 comes into force on 1 December 2005.

3 Matters chief executive must take account of
  • Regulation 12 of the principal regulations is amended by adding, as subclauses (2) and (3), the following subclauses:

    • (2) For the purpose of assisting the chief executive to take into account the matter referred to in subclause (1)(b), the applicant for a radio licence must, when applying for that licence, either—

      • (a) supply a certificate from an authorised person referred to in regulation 46(ba) or (bb); or

      • (b) pay to the chief executive the engineering certification fee set out in the third column of Schedule 6 (so that the chief executive can commission engineering work with a view to obtaining a certificate from an authorised person referred to in regulation 46(ba) or (bb)).

    • (3) The certificate referred to in subsection (2) must certify that, in the opinion of the authorised person, the radiocommunication service for which the radio licence is required is technically compatible with existing radio licences and spectrum licences.

4 Applications
  • Regulation 23(2) of the principal regulations is revoked.

5 Issue of certificate of competency
  • Regulation 24(1) of the principal regulations is amended by omitting the words and on the payment of the prescribed fee.

6 New regulations 38 and 39 substituted
  • The principal regulations are amended by revoking regulations 38 to 40, and substituting the following regulations:

    38 Fees payable to chief executive for radio licences
    • (1) The licensee under a radio licence must pay to the chief executive the annual administration fee set out in the fourth column of Schedule 6—

      • (a) by the commencement date of the licence; and

      • (b) annually, within the period of 1 month immediately before each anniversary of the commencement date of the licence.

      (2) The chief executive may waive a fee payable under subclause (1) in proportion to the period that the licence is current (rounded up to the nearest month) if the licence expires or is revoked earlier than 12 months after the date by which the fee must be paid.

    39 Fees payable to chief executive for spectrum licences
    • (1) This regulation applies to the following licences:

      • (a) spectrum licences created under section 48(1)(a) or (b) of the Act:

      • (b) licences that—

        • (i) were created under section 48(a) or (b) of the Act (as in force immediately before the commencement of the Radiocommunications Amendment Act 2000); and

        • (ii) are deemed, under section 59 of the Radiocommunications Amendment Act 2000, to be spectrum licences.

      (2) The rightholder under a licence to which this regulation applies must pay to the chief executive the annual administration fee set out in the fourth column of Schedule 6—

      • (a) by the commencement date of the licence; and

      • (b) annually, within the period of 1 month immediately before each anniversary of the commencement date of the licence.

      (3) The chief executive may waive a fee payable under subclause (2) in proportion to the period that the licence is current (rounded up to the nearest month) if the licence expires or is cancelled earlier than 12 months after the date by which the fee must be paid.

7 New regulation 44A inserted
  • The principal regulations are amended by inserting, after regulation 44, the following regulation:

    44A Discount for payment using online service
    • (1) A person paying an annual administration fee by the due date by credit card or direct debit using an online service is entitled to a 10% discount on the amount of the fee that would otherwise be payable.

      Example

      The holder of a radio licence (for a multiple repeater with bandwidth of 12.5 kHz), which has an anniversary of 1 March 2006, pays the annual administration fee by credit card over the Ministry of Economic Development's website on 13 February 2006. The correct amount payable is $1,170 ($1,300 less 10%).

    • (2) In this regulation, online service means a service provided by, or on behalf of, the chief executive that allows payment of the fees under these regulations to be made by means of the Internet.

8 New Schedule 6 substituted
  • The principal regulations are amended by revoking Schedule 6, and substituting the Schedule 6 set out in the Schedule of these regulations.

9 Schedule 7 amended
  • (1) Schedule 7 of the principal regulations is amended by omitting from forms 2 and 7 the words and must be accompanied by the prescribed fee.

    (2) Schedule 7 of the principal regulations is amended by omitting from form 19 the words The application must be accompanied by the prescribed fee.

    (3) Schedule 7 of the principal regulations is amended by omitting from form 22 the words and must be accompanied by the prescribed fee. No fee is payable if the correction is necessary because of a mistake made by the Registrar or by any of the Registrar's officers.

10 Transitional provisions
  • (1) If a licensee of a radio licence has paid a fee under regulation 38(1) of the principal regulations (as in force immediately before the commencement of this regulation), the licensee is not liable to pay the fee under regulation 38(1)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.

    (2) If a rightholder of a spectrum licence has paid a fee under regulation 39(2) of the principal regulations (as in force immediately before the commencement of this regulation), the rightholder is not liable to pay the fee under regulation 39(2)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.

    (3) Sections 38(4) and 39(6) of the principal regulations (as in force immediately before the commencement of this regulation) continue to apply to fees payable before the commencement of these regulations.


Schedule
New Schedule 6 substituted in principal regulations

r 8

Schedule 6
Fees payable to chief executive for radio and spectrum licences (GST inclusive)

rr 12, 38, 39

Class of licence codeClass of radio or spectrum licenceEngineering certification fee ($)Annual administration fee ($)
 Land mobile services (radio licences only)  
 Repeaters (two frequency)  
LR1Multiple repeaters on a common channel throughout New Zealand with bandwidth 12.5 kHz or less4001,300
LR2Multiple repeaters on a common channel throughout New Zealand with bandwidth more than 12.5 kHz4002,500
LR3Single repeater with 7 dBW (5 watts) e.i.r.p. or less400150
LR4Single repeater with more than 7 dBW (5 watts) e.i.r.p.400250
 Simplex (single frequency)  
LS1Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth 12.5 kHz or less400800
LS2Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth more than 12.5 kHz, but less than or equal to 25 kHz4001,500
LS3Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth more than 25 kHz4002,000
LS4Other radio transmitters (per licence)400100
 Paging  
LP1Multiple radio transmitters on a common frequency throughout New Zealand4002,500
LP2Radio transmitters with less than or equal to 7 dBW (5 watts) e.i.r.p.400100
LP3Radio transmitters with more than 7 dBW (5 watts) e.i.r.p., but less than or equal to 14 dBW (25 watts) e.i.r.p.400200
LP4Radio transmitters with more than 14 dBW (25 watts) e.i.r.p.400400
 Fixed services (radio licences only—fee per radio transmitter)  
FP1Point-to-point—frequency less than or equal to 1 GHz40075
FP2Point-to-point—frequency more than 1 GHz400200
FM1Point-to-multipoint and multi-point-to-point400*100
* Includes the first 4 transmitters. Each additional transmitter incurs an engineering certification fee of $50.
 Broadcasting services (radio and spectrum licences)  
 Sound broadcasting less than 30 MHz (MF or HF)  
BA1Radio transmitters with less than 30 dBW e.i.r.p.850200
BA2Radio transmitters with 30 dBW e.i.r.p. or more, but less than 36 dBW e.i.r.p.850900
BA3Radio transmitters with 36 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p.8501,800
BA4Radio transmitters with 40 dBW e.i.r.p. or more8503,500
 Sound broadcasting more than 30 MHz (VHF or UHF)  
BF1Radio transmitters with less than 10 dBW e.i.r.p.1,100200
BF2Radio transmitters with 10 dBW e.i.r.p. or more, but less than 20 dBW e.i.r.p.1,100300
BF3Radio transmitters with 20 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p.1,100500
BF4Radio transmitters with 30 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p.1,1001,700
BF5Radio transmitters with 40 dBW e.i.r.p. or more1,1003,000
 Television broadcasting less than 300 MHz (VHF)  
BV1Radio transmitters with less than 10 dBW e.i.r.p.2,000100
BV2Radio transmitters with 10 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p.2,000900
BV3Radio transmitters with 30 dBW e.i.r.p. or more, but less than 50 dBW e.i.r.p.2,0003,300
BV4Radio transmitters with 50 dBW e.i.r.p. or more2,00018,000
 Television broadcasting more than 300 MHz (UHF)  
BU1Radio transmitters with less than 10 dBW e.i.r.p.900100
BU2Radio transmitters with 10 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p.900150
BU3Radio transmitters with 30 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p.900250
BU4Radio transmitters with 40 dBW e.i.r.p. or more, but less than 50 dBW e.i.r.p.900500
BU5Radio transmitters with 50 dBW e.i.r.p. or more9001,500
 Other services (radio and spectrum licences)  
 Maritime and aeronautical (radio licences only)  
OM1Ship, aircraft, or mobileNil100
OM2Land (including maritime coast stations)350100
OM3Repeater (two-frequency)400200
 Amateur (radio and spectrum licences)  
OA1Beacon, repeater, or fixed link30050
 Radiodetermination (radio licences only)  
OR1Radiodetermination (including radiolocation and radionavigation)400200
 Satellite (radio licences only)  
OS1Fixed satellite service (per transponder accessed)550200
OS2Other satellite services (not shared with fixed services)550150
OS3Other satellite services (shared with fixed services)5501,200
 Telemetry or telecommand (radio licences only)  
OT1Telemetry or telecommand (including space telecommand)20050
 Reception protection (radio licences only)  
OP1Co-channel reception protection from terrestrial transmissions5501,400
 Miscellaneous (radio and spectrum licences)  
OZ1Radio transmitters less than 20 dBW (100 watts) e.i.r.p.200100
OZ2Radio transmitters 20 dBW (100 watts) e.i.r.p. or more, but less than 30 dBW (1 000 watts)e.i.r.p.200200
OZ3Radio transmitters 30 dBW (1 000 watts) e.i.r.p. or more200300

Diane Morcom,

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, which come into force on 1 July 2005 (except regulation 7), amend the Radiocommunications Regulations 2001.

Regulation 7 comes into force on 1 December 2005.

Regulation 3 reflects a policy change to enable an applicant for a radio licence to provide a certificate from the applicant's own engineering certifier about the technical compatibility of the applicant's application with existing licences. Alternatively, they can pay a fee, and if the application is technically compatible with other licences, Ministry of Economic Development staff will provide such a certificate.

Regulations 4 and 5 remove the current requirement in regulations 23 and 24 of the principal regulations for an application for a certificate of competency to be accompanied by a fee of $25.

Regulation 6 substitutes new regulations 38 and 39 into the principal regulations and revokes regulation 40. The new regulations set out the matters for which fees are payable under the Radiocommunications Act 1989 and the amounts of those fees. Regulation 8 substitutes a new fees schedule.

Regulation 7 inserts new regulation 44A into the principal regulations, which reduces an annual administration fee by 10% if it is paid on time using an online service.

Regulation 9 makes consequential amendments to Schedule 7 and regulation 10 provides for transitional arrangements.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 June 2005.


  • 1 SR 2001/240