Radiocommunications Amendment Regulations 2014

2014/374

Coat of Arms of New Zealand

Radiocommunications Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of December 2014

Present:
His Excellency the Governor-General in Council

Pursuant to sections 49(1)(k), 115, 116, 134, and 135 of the Radiocommunications Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Radiocommunications Amendment Regulations 2014.

2 Commencement

  • These regulations come into force on 1 February 2015.

3 Principal regulations
4 Regulation 3 amended (Interpretation)

  • (1) In regulation 3, insert in its appropriate alphabetical order:

    “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 an Internet site”.

    (2) In regulation 3, definition of chief executive, replace “Ministry of Economic Development” with “Ministry of Business, Innovation, and Employment”.

5 Regulation 8 amended (Grant of radio licence)

  • After regulation 8(3)(b), insert:

    • “(ba) the location, locations, area, or areas where transmissions of radio waves are authorised; and”.

6 Regulation 9 replaced (Grant of general user radio licence)

  • Replace regulation 9 with:

    “9 Grant of general user radio licence

    • “(1) The chief executive may, from time to time, grant a general user radio licence of a particular class, being a category and type of radiocommunication service.

      “(2) The chief executive must make a copy of the radio licence available on an Internet site maintained by or on behalf of the chief executive.

      “(3) The chief executive must publish a notice of the grant of the radio licence in the Gazette within 10 working days after the date of the grant.

      “(4) The notice must specify (at a minimum)—

      • “(a) the frequencies or range of frequencies to which the licence applies; and

      • “(b) the commencement date of the licence; and

      • “(c) the class of licence; and

      • “(d) the address of the Internet site on which the full general user radio licence is made available under subclause (2).

      “(5) General user radio licences grant every person the right to transmit radio waves on any frequency specified in the licence.”

7 Regulation 11 replaced (Validity)

  • Replace regulation 11 with:

    “11 Validity of licences

    • A radio licence or a general user radio licence is valid—

      • “(a) from the commencement date of the licence; and

      • “(b) until the earlier of—

        • “(i) the date the licence is revoked by the chief executive; and

        • “(ii) the expiry date (if any) specified in the licence.”

8 Regulation 14 amended (Terms, conditions, and restrictions)

  • In regulation 14(4), replace “any terms, conditions, and restrictions” with “any additional terms, conditions, and restrictions (which must not be inconsistent with Schedule 1 or any other provision of these regulations)”.

9 New regulation 15I and cross-heading inserted

  • After regulation 15H, insert:

    “Spectrum licences

    “15I Contents of spectrum licences

    • Every spectrum licence granted under section 48(1)(a) or (b) of the Act must specify the location, locations, area, or areas where transmissions are authorised under the licence.”

10 Regulation 18 amended (Grant of licence to supply radio transmitters)
11 Regulation 19 amended (Terms, conditions, and restrictions)
12 Regulation 32 amended (Notification in Gazette)

  • (1) In regulation 32(1)(c), replace “specify the requirements to be met for the installation and use of the equipment” with “specify requirements for the sale, installation, or use of the equipment”.

    (2) Replace regulation 32(1)(i) with:

    • “(i) prohibit the installation, use, sale, distribution, manufacture, or importation of specified interfering equipment or susceptible equipment or classes of interfering equipment or susceptible equipment:”.

13 Regulation 33 amended (Power to impose additional conditions)

  • In regulation 33, replace “or manufacture” with “manufacture, or importation”.

14 Regulation 34 replaced (Monitoring of compliance)

  • Replace regulation 34 with:

    “34 Monitoring of compliance

    • The chief executive may, at any time, by notice in writing, require any person installing, using, selling, distributing, manufacturing, or importing interfering equipment or susceptible equipment to submit samples of the equipment, or test reports, technical construction files, or other associated documentation to the chief executive for the purpose of demonstrating that—

      • “(a) one of the following applies:

        • “(i) the equipment complies with a standard or code prescribed in a notice under these regulations:

        • “(ii) if no standard or code is prescribed, reasonable steps have been taken to ensure that the equipment is constructed and operated in a manner that minimises harmful interference that is generated by the equipment, or minimises the susceptibility of the equipment; and

      • “(b) any additional conditions imposed under regulation 33 are being complied with.”

15 Regulation 35 amended (Interference with radiocommunications)

  • In regulation 35, insert as subclause (2):

    • “(2) The chief executive may, by notice in writing, require a person operating interfering equipment to cease operating the equipment or to modify the operation of the equipment if—

      • “(a) the chief executive is satisfied that a radiocommunication receiver is suffering harmful interference from the interfering equipment; and

      • “(b) no minimum field strength has been prescribed under subclause (1) because it is not possible to determine a suitable minimum field strength.”

16 Regulation 36 amended (Compulsory recall)

  • In regulation 36, replace “or manufactured” with “manufactured, or imported”.

17 Regulation 37 amended (Infringement offences)

  • (1) In regulation 37(1)(a), replace “installs, uses, sells, distributes, or manufactures” with “installs, uses, offers to sell, sells, distributes, manufactures, or imports”.

    (2) Replace regulation 37(1)(d) and (e) with:

    • “(d) makes a false declaration of conformity; or

    • “(e) incorrectly labels, or otherwise falsely represents, interfering equipment or susceptible equipment as complying with these regulations; or

    • “(ea) fails to label interfering equipment or susceptible equipment as required by or under these regulations; or”.

18 Regulation 44 amended (Power to waive fees)

  • After regulation 44(2), insert:

    • “(3) The chief executive may waive, in whole or in part, the payment of any fee for a radio licence or spectrum licence if the service to which the fee relates is in response to a state of emergency declared under the Civil Defence Emergency Management Act 2002.”

19 Regulation 44A amended (Discount for payment using online service)
20 Regulation 44B amended (Discount for holder of eligible licence who undertakes to provide interference investigation report)

  • In regulation 44B, example,—

    • (a) delete “by credit card”:

    • (b) replace “Ministry of Economic Development’s” with “Ministry of Business, Innovation, and Employment’s”.

21 Regulation 48 amended (Radiocommunication within territorial limits)

  • Replace regulation 48(1)(a) with:

    • “(a) one of the following:

      • “(i) a radio licence or authority issued for that radio transmitter by or on behalf of a member state of the International Telecommunication Union:

      • “(ii) a radio licence, a general user radio licence, or an exemption granted by the chief executive under these regulations:

      • “(iii) a spectrum licence registered in accordance with Part 3 of the Act; and”.

22 Schedule 1 amended
23 Schedule 2 revoked
24 Schedule 3 amended

  • (1) This regulation amends Schedule 3.

    (2) Revoke paragraphs (a) to (c).

    (3) After paragraph (d), insert:

    • “(da) maritime VHF operator’s certificate:”.

    (4) In paragraph (f), delete “other”.

25 Schedule 4 amended

  • (1) This regulation amends Schedule 4.

    (2) Revoke clauses 1, 2, and 3.

    (3) Replace clause 4 with:

    “4 General amateur operator's certificate

    • “(1) To qualify for a general amateur operator's certificate for operation on all scheduled amateur frequencies, a candidate must pass either—

      • “(a) a written examination of the kind described in subclause (2) that is approved for the purpose by the chief executive; or

      • “(b) an examination of the kind described in subclause (3) that is recognised for the purpose by the chief executive.

      “(2) A written examination of the kind referred to in subclause (1)(a) must demonstrate a theoretical knowledge of—

      • “(a) the legal framework of New Zealand radiocommunications, including—

        • “(i) the International Radio Regulations; and

        • “(ii) the Act; and

        • “(iii) these regulations; and

        • “(iv) the New Zealand amateur radio licence conditions and frequency allocations; and

      • “(b) the methods of radiocommunication, including radio-telephony, radio-telegraphy, and data and image; and

      • “(c) radio system theory, including theory relating to transmitters, receivers, antennas and propagation, and measurements; and

      • “(d) electromagnetic radiation; and

      • “(e) electromagnetic compatibility; and

      • “(f) avoidance and resolution of radio frequency interference.

      “(3) An examination of the kind referred to in subclause (1)(b) must meet the requirements for a Harmonised Amateur Radio Examination Certificate that are prescribed in Annex 6 to the European Conference of Postal and Telecommunications Administrations (CEPT) Recommendation T/R 61-02 revised in Vilnius on 12 February 2004.

    “4A Maritime VHF operator’s certificate

    • To qualify for a maritime VHF operator’s certificate, a candidate must pass an examination approved by the chief executive for the purpose that demonstrates knowledge of—

      • “(a) the regulatory framework relating to maritime radiocommunications:

      • “(b) the principles and basic operation of maritime radiocommunications:

      • “(c) the typical configurations and features of maritime VHF installations:

      • “(d) basic safety operating procedures and operating procedures for distress and emergency situations:

      • “(e) the purpose and basic operation of Emergency Position Indicating Radio Beacons (EPIRBs).”

26 Schedule 5 amended

  • (1) In Schedule 5, Part 1, replace “Ministry of Economic Development” with “Ministry of Business, Innovation, and Employment” in each place.

    (2) In Schedule 5, replace Part 2 with the Part 2 set out in the Schedule of these regulations.

27 Schedule 7 amended

  • (1) This regulation amends Schedule 7.

    (2) In form 1, replace “Ministry of Economic Development” with “Ministry of Business, Innovation, and Employment” in each place.

    (3) In form 2, Schedule, after clause 2, insert:

    • “3 Date on which the transfer of management rights will take effect [which should not be more than 1 month after the date of the notice]:”.

    (4) In form 3, below the row “Full address:” insert:

    “Date on which manager would like the management rights to be aggregated:

    “(Note: this date is not guaranteed)”.

    (5) In forms 4 and 5, replace “Ministry of Economic Development” with “Ministry of Business, Innovation, and Employment” in each place.

    (6) In form 7, Schedule, replace paragraph 7(b) with:

    • “(b) the maximum permitted interfering signal or signals that apply to the protection location or locations or the protection area are [specify in dBuV/m] [specify the reference bandwidth* on which the signals are based if the reference bandwidth is not the bandwidth specified in paragraph 5(b)].

      (*Note: The reference bandwidth must be the bandwidth specified in paragraph 5(b) or a bandwidth specified as a condition in paragraph 9.)”.

    (7) In form 9, below the row “Full address:” insert:

    “Date on which the transfer of spectrum licences will take effect [which should not be more than 1 month after the date of the notice]:”.

    (8) In form 26, replace “Ministry of Economic Development” with “Ministry of Business, Innovation, and Employment” in each place.

Schedule
Part 2 of Schedule 5 replaced

r 26(2)

Part 2 Infringement fees

Infringement offence Infringement fee ($)
 Individual Body corporate
(a)

installation, use, offers of sale, sale, distribution, manufacture, or importation of interfering equipment or susceptible equipment—

    
 

  • (i) without a declaration of conformity or exemption from the requirement to make a declaration of conformity; or

 250 1,250
 

  • (ii) that does not comply with a standard applying to that equipment; or

 350 1,700
 

  • (iii) that has been declared by the chief executive to be prohibited equipment; or

 250 1,250
 

  • (iv) that is the subject of a notice of recall by the Minister:

 250 1,250
(b)installation or use of interfering equipment or susceptible equipment in a manner that does not comply with a code of practice applying to that equipment: 350 1,700
(c)failure to comply with any requirement or notice issued by the chief executive or the Minister under these regulations: 350 1,700
(d)completion of a false declaration of conformity: 350 1,700
(e)incorrect labelling or otherwise falsely representing interfering equipment or susceptible equipment as complying with these regulations: 350 1,700
(f)using interfering equipment, being a radio transmitter, otherwise than in accordance with a radio licence, a general user radio licence, an exemption granted by the chief executive under these regulations, or a spectrum licence registered in accordance with Part 3 of the Act: 350 1,700
(g)failure of a rightholder or manager or holder of a radio licence to notify the Registrar of the person's new name or address in accordance with section 24A of the Act: 250 1,250
(h)failing to label interfering equipment or susceptible equipment as required under these regulations 250 1,250

 Michael Webster,
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 February 2015, amend the Radiocommunications Regulations 2001 (the principal regulations) to—

  • provide that when the Secretary for Radiocommunications (the chief executive) grants a new general user radio licence, he or she must notify the making of the grant in the Gazette and make a copy of the full licence available online:

  • clarify that terms, conditions, and restrictions imposed by the chief executive on any radio licence, general user radio licence, or exemption must not be inconsistent with the International Telecommunication Union's International Radio Regulations and the requirements specified in Schedule 1 of the principal regulations:

  • remove the requirement for suppliers of radio transmitters to submit monthly returns:

  • allow the chief executive to—

    • impose conditions on the importation of interfering equipment or susceptible equipment:

    • monitor conditions imposed on the installation, use, sale, distribution, manufacture, or importation of interfering equipment or susceptible equipment:

    • require any person operating interfering equipment to cease operating the equipment or modify the operation of that equipment if it is causing harmful interference in a situation where no minimum field strength has been prescribed because minimum field strength is not an appropriate measurement:

    • require any person who has imported prohibited interfering equipment or susceptible equipment to recall that equipment:

  • make it a strict liability offence to—

    • make false declarations of conformity:

    • incorrectly label or falsely represent interfering equipment or susceptible equipment as complying with the principal regulations:

    • fail to label interfering equipment or susceptible equipment in accordance with the principal regulations:

  • allow the chief executive to waive fees for services licensed in response to a state of emergency declared under the Civil Defence Emergency Management Act 2002:

  • allow a person to use a radio transmitter on a ship or an aircraft in New Zealand territorial limits in accordance with a radio licence, a general user radio licence, a spectrum licence, a general user spectrum licence, or an exemption granted under the Radiocommunications Act 1989:

  • prescribe requirements for a new maritime VHF operator certificate:

  • allow a candidate for a general amateur operator's certificate to qualify if they pass the examination for the internationally recognised Harmonised Amateur Radio Examination Certificate instead of the domestic examination prescribed in the principal regulations:

  • increase the infringement fee for the installation, use, sale, distribution, or manufacture of interfering equipment or susceptible equipment without a declaration of conformity:

  • prescribe infringement fees—

    • for the importation of interfering equipment or susceptible equipment that does not comply with the principal regulations; and

    • for failing to label interfering equipment or susceptible equipment in accordance with the principal regulations:

  • make minor amendments to prescribed forms:

  • make other minor (related or consequential) amendments.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 December 2014.

These regulations are administered by the Ministry of Business, Innovation, and Employment.