Class Nine Radio (Maritime Mobile Service) Regulations 1988

Citation

1 These Regulations may be cited as the Class Nine Radio (Maritime Mobile Service) Regulations 1988.

Interpretation

2 (1) In these Regulations, unless the context otherwise re quires—

"the Act" means the Telecommunications Act 1986 [title 24 item 10];

"Bermudian vessel" means—

(a) a British ship; or

(b) a vessel, not being a British ship, and not registered in any country other than Bermuda which is owned—

(i) by an individual possessing Bermudian status in accordance with the provisions of the Bermuda Immigration and Protection Act 1956 [title 5 item 16]; or

(ii) by a body corporate in which the control of such body corporate is vested in persons who possess Bermudian status in accordance with the provi sions of the Bermuda Immigration and Protection Act; and

for the ship station of which the Minister has not granted a licence or permit under the Class Five Regulations;

"British ship" means any ship registered in Bermuda under the Merchant Shipping Act 1894, Part 1;

"Class Five Regulations" means the Class Five Radio (Small Craft Service) Regulations 1987 or any succeeding regulations;

"Class Nine Service" or "Service" means the radiocommunication service provided on board a Bermudian vessel by a ship sta tion;

"coast station" means a fixed land station in the maritime mobile or maritime mobile satellite service;

"earth station" means a station on the Earth's surface intended for communication with space stations or other earth stations by means of reflecting satellite;

"international Radio Regulations" means the Radio Regulations annexed to the Convention;

"I.T.U." means the International Telecommunication Union, a specialized agency of the United Nations;

"licensee" means a person, Government Department or Govern ment Board holding a licence, provisional licence or a permit, as the case may be, to possess or use, or operate a ship sta tion in the Service;

"Maritime Mobile Service" means a mobile service between coast stations and ship stations, or between ship stations, or be tween associated on-board communication stations; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service;

"on-board radiocommunications station" means a portable radio station in the Service intended for use for internal communi cations on board a vessel, or between a vessel and its lifeboats and liferafts or tenders during lifeboat drills or oper ations, or for communication within a group of vessels being towed or pushed, as well as for line handling and mooring in structions;

"operator" means a ship's radio officer or a ship's radio operator;

"portable station" means a low-powered station intended to be carried by hand or on the person;

"private operating agency" means any individual or company or corporation, other than a governmental establishment or agency, which operates a telecommunication installation in tended for an international telecommunication service or ca pable of causing harmful interference with such a service;

"public coast station" means a coast station which accepts pub lic correspondence;

"public correspondence" means any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission;

"radar" means a radiodetermination system based on the com parison of reference signals with radio signals reflected or re transmitted, from the position to be determined;

"radiodetermination" means the determination of the position. velocity or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves and includes radar;

"radiotelegraph station" means a ship station on a British ship which is required by law to be fitted with a radiotelegraph station, that is to say, a station for telecommunication, or for the transmission of written matter by the use of a signal code;

"radiotelephone station" means a ship station on a British ship which is required by law to be fitted with a radiotelephone station, that is to say a station for telecommunication, for the transmission of speech, or in some cases, other sounds;

"restricted radio station" means a ship station on a Bermudian vessel which is not required by law to have a ship station on board and may be authorized to operate a radiotelephone station in accordance with the licence or permit on any fre quency for radiotelephony in the Maritime Mobile Service;

"restricted VHF radio station" means a ship station on a Bermu dian vessel which is not required by law to have a ship sta tion on board and is a radiotelephone station, capable of op erating on the frequencies in the Band 156-174 MHz for sta-
tions in the Maritime Mobile Service and such other frequen cies as may be required for radiodetermination purposes;

"recognized private operating, agency" means any private oper ating agency, as defined above, which operates a service open to public correspondence and upon which the obligations to abide by the provisions of the Convention are imposed by the state in whose territory the head office of the agency is situ ated, or by the state which has authorized such operating agency to establish and operate a telecommunication service on its territory;

"ship station" means one or more apparatus for radiocommuni cation on board any Bermudian vessel including ship earth stations and apparatus used for—

(a) radiocommunication between a ship station and a coast station or between ship stations;

(b) radiodetermination;

(d) on-board radiocommunication;

"stock licence or permit" means a licence or permit granted by the Minister to a person to possess in the course of trade or business radio stations, radio apparatus or any radio receiv ing apparatus not excluded from the application of the Act by section 3(6)(b) thereof;

"survival craft station" means a mobile station intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;

"VHF" means very high frequencies in the range 30 to 300 MHz.

(2) In these Regulations or in any licence, provisional licence or permit, certificate or authority to operate where definitions or symbols are used, they shall bear the same meanings as in the international Ra dio Regulations unless otherwise provided in the Act or these Regula tions.

Purpose

3 (1) These Regulations state the conditions under which ship stations in the Service may be possessed, used and operated and under which a certificate of competence (hereinafter referred to as "certificate") may be granted or recognized, and an authority to operate issued.

(2) The ship stations to which these Regulations apply shall be classified for the purpose of granting licences and permits into the fol lowing categories—

(a) radiotelegraph; or

(b) radiotelephone; or

(d) restricted VHF radiotelephone.

Requirement for licence or permit

4 (1) Without derogating from the generality of section 9 of the Act, no person may possess or use a ship station in the Service without a licence granted by the Minister in respect of a particular Bermudian ves sel.

(2) Without derogating from the generality of section 3 of the Act, a Government Department or Government Board may operate a ship station in the Service only under a permit granted by the Minister in re spect of a particular Bermudian vessel.

(3) The Minister shall not issue a licence or permit under these Regulations—

(a) for a ship station in respect of which he has granted a li cence or permit under the Class Five Regulations unless the holder of such Class Five licence or permit first sur renders it to the Minister; or

(b) for a ship station in a vessel registered outside Bermuda.

(4) When a Class Five licence or permit is surrendered under paragraph 3(a) no part of the fee for such licence or permit shall be re funded.

Secrecy of communications

5 (1) The master or the person responsible, as well as all persons who may have knowledge of the text or even of the existence of the radio communications transmitted or received by a ship station or of any in formation whatever obtained by means of the radiocommunication ser vice of such station, shall be under the obligation of observing and en suring the secrecy of communications to the extent required by the Act.

(2) If any message which the master, the operator or the li censee is not entitled to receive is, nevertheless, received, he shall not make known or allow, to be made known its contents, its origin or desti nation, its existence or the fact of its receipt to any person (other than a duly authorized officer of the Government of Bermuda or a competent Bermudian legal tribunal) and shall not reproduce in writing, copy or make any use of such message or allow the same to be reproduced in writing, recorded, copied or made use of.

Inspection

6 (1) Every ship station licensed or permitted under these Regu lations, the licence, provisional licence or permit, any record or docu ment required to be kept under these Regulations, the certificate and authority to operate of the ship's operators, shall be open to inspection, at any reasonable time, by the Telecommunications Inspector or by any person appointed in writing by the Minister in that behalf.

(2) The Minister may require an inspection of a ship station whether inside or outside Bermudian waters before granting or renewing a licence or permit for its possession, use or operation or whenever he considers it necessary for the proper carrying out of the provisions and purposes of the Act and the international Radio Regulations.

(3) Where an inspection is made outside Bermudian waters under paragraph (2) it shall be at the expense of the licensee, the person applying for a licence or the person requesting the inspection, as the case may be.

(4) The Telecommunications Inspector or any officer appointed in writing by the Minister in that behalf may, at any reasonable time, and in accordance with the international Radio Regulations, inspect any ship in Bermudian waters which is not a Bermudian vessel or a naval vessel, and the operators' certificates and any other instrument of au thority.

(5) A police officer in Bermudian waters may at any reasonable time ask the licensee, or operator of a ship station on a Bermudian ves sel to produce the licence, provisional licence or permit for the ship sta tion. If such licensee or operator fails to produce such instrument or if when produced such instrument is found to be invalid or defective, or if the police officer has reasonable grounds for believing that it is invalid or defective or that the operator has not been authorized by the licensee to possess and use the station he may impound the station and the in strument of authorization and submit them to the Telecommunications Inspector for inspection.

(6) Any ship station licensed under these Regulations on board a Bermudian vessel may be inspected in accordance with the interna tional Radio Regulations by the competent authority of any country where the vessel calls.

Convention

7 The licensee shall observe the provisions of the Convention and the international Radio regulations so far as they are applicable.

Application for licence or permit

8 (1) A person, Government Department or Government Board wishing to obtain a licence or permit, to possess or use, or operate, as the case may be, a ship station on board a Bermudian vessel, shall apply in writing to the Minister in such form and giving such information as the Minister may deem necessary.

(2) Proof that a Bermudian vessel is a British ship must be furnished. If a Bermudian vessel is not a British ship then proof of own ership and proof of the Bermudian status of the owner must be fur nished.

(3) If the Bermudian vessel is owned by more than one person, the owners shall designate one of them to be the licensee and that per son shall make the application.

Grant of licence or permit

9 (1) The Minister may, according to the class of ship mentioned in regulation 3(2), grant—

(a) a licence to a person for the possession and use of a ship station on a Bermudian vessel;

(b) a permit to a Government Department or Government Board to operate a ship station on a Bermudian vessel:

Provided that the ship station for which a licence or permit is re quested is approved in accordance with regulation 29.

(2) Where he considers it necessary to allow the temporary op eration in the Service of a ship station pending his decision whether to grant a licence or for any other reason, or where application is made for temporary permission to possess and use such a ship station, the Min ister may grant a provisional licence in respect of such ship station and may attach to the grant of such provisional licence such conditions and restrictions as he deems fit.

Written proof of removal under paragraph (a) shall be furnished to the Minister within a reasonable time by the licensee, his heirs or assigns.

Certificate of competence required by operator

16 No person shall operate a radiotelegraph or radiotelephone sta tion on board a Bermudian vessel unless he is in possession of a valid certificate in accordance with the requirements of the international Radio Regulations, granted by or recognized by the Minister and an authority to operate issued pursuant to regulation 19.

Examination for or recognition of certificate

17 (1) The Minister may in writing accept a valid certificate granted by a recognized authority (hereinafter referred to as a "recognized certificate") as sufficient proof of competency to operate a station of the designated category in a Bermudian vessel.

(2) The Telecommunications Inspector shall be an examiner under section 13(1)(c) of the Act for the purpose of examining applicants for a certificate to operate a radiotelegraph or radiotelephone station on board a Bermudian vessel. The Minister may from time to time appoint such number of other persons as he considers necessary to be examiners for the same purpose.

(3) Any person wishing to be examined for a certificate shall apply in writing to the Minister supplying such information as the Min ister may require.

(4) Where an examiner has reason to believe that the physical condition of a candidate appearing before him is such that it could ad versely affect the candidate's capacity to operate a radiotelegraph or ra diotelephone station on board a Bermudian vessel, he may request that the candidate provide a medical certificate issued by a medical practi tioner attesting to his fitness.

(5) A candidate shall, if requested to do so by an examiner for the purpose of determining the candidate's qualifications or identifica tion, produce to him a log book, a seaman's discharge book, a birth cer tificate or some other form of identification acceptable to the examiner.

(6) A certificate of an appropriate category within the categories recognized in the international Radio Regulations may be granted by the Minister to an applicant who has satisfied the examiner and whose physical condition has been attested if necessary in accordance with paragraph (4).

(7) The Minister may take such steps as he shall deem neces sary to ensure the continued proficiency of holders of certificates while such persons are in service on board Bermudian vessels.

Replacement of certificate

18 (1) A replacement certificate for a certificate issued by the Minister may be issued to an operator on the production by him of a mutilated certificate or satisfactory evidence, verified under oath, that his original certificate or any replacement certificate has been lost or de stroyed.

(2) The holder of a recognized certificate that is lost, mutilated or destroyed shall obtain a replacement certificate from the authority which issued the original.

Authority to operate

19 (1) Subject to regulation 22 no person shall perform the service of and control and operate any radiotelegraph or radiotelephone station licensed or permitted under these Regulations unless he is in possession of a valid authority to operate a ship station of the designated category issued by the Minister or by a person designated by him in writing in that behalf:

Provided that an authority to operate a ship station of a desig nated category on board a United Kingdom ship issued by the competent authority in the United Kingdom shall constitute a valid authority to op erate a station of a similar category on board a Bermudian vessel.

(2) A person holding a valid certificate granted by or recognized by the Minister, who does not possess a valid authority to operate, may apply in writing to the Minister for an authority to operate the category of station designated in his certificate and, the Minister or a person desig nated by him, if he is satisfied that there are no grounds why such au thority should not be granted, shall issue it.

(3) The Minister may, after giving the holder thereof written notice and affording him a reasonable opportunity to make representa tions, revoke or suspend an authority to operate issued by him where —

(a) the holder thereof has wilfully or negligently failed to op erate the facilities or services in respect of which the authority to operate was issued in accordance with the Regulations or the terms or conditions of his certificate or of the Convention; or

(b) false statements of material facts, fraud or misrepre sentation have been made or committed by the holder of
the authority in the application for his certificate, or authority to operate or related to any subsequent state ment in connection with them required by him; or

(4) Where the Minister is satisfied that any of the provisions of paragraph (3)(a), (b) or (c) apply to an operator on board a Bermudian vessel holding an authority to operate issued in the United Kingdom, the Minister may, after giving such operator reasonable opportunity to make representation, declare by notice published in the Gazette that such per son shall not again be authorized to perform the service of and control and operate any radiotelegraph or radiotelephone station on board a Bermudian vessel, or shall not do so for such period as the Minister may decide.

Compliance with licence or permit

20 (1) The licensee shall ensure that persons operating the ship station shall observe the terms, provisions and limitations of the licence, provisional licence or permit at all times.

(2) Except as may be regulated by law or international agree ment the service of each ship station shall at all times be under the supreme control of the master, who shall require that each operator of such station comply with the international Radio Regulations and that the station for which the operator is responsible is also used at all times in accordance with these Regulations.

Conditions for operation of ship stations

21 (1) The following conditions shall apply to ship stations:—

(a) when used for transmitting, a ship station shall be used only with emissions which are of the classes specified in the licence, provisional licence or permit and are on the frequency specified therein in relation to those respective classes of emission, and with a power not exceeding that specified in the licence, provisional licence or permit in relation to the class of emission and frequency in use at the time;

(b) except in the case of distress or in emergency involving danger to life or to navigation or for purposes of safe navigation—

(i) no message shall be sent to a ship station for onward transmission to any other station for ra diocommunication except for onward transmis sion to a coast station or another ship station;

(ii) while any vessel is in Bermudian territorial wa ters its ship station may be used only in accor dance with section 37 of the Act.

(2) The following conditions shall apply to survival craft sta tions:—

(a) the survival craft stations shall be used—

(i) in an emergency involving danger to life or to navigation only for transmitting and receiving by radiocommunication such messages as the cir cumstances may require, and at other times for testing the working of the apparatus comprised in such stations on or in the vicinity of the ves sel; and

(ii) when used for transmitting only with emissions which are of the classes specified in the licence, provisional licence or permit and are on the fre quencies specified in the licence, provisional li cence or permit in relation to those respective classes of emission, and with a power not ex ceeding that specified in the licence or permit in relation to the class of emission and frequency in use at the time;

(b) the survival craft stations associated with any radiotele graph or radiotelephone station shall be operated only by a person authorized a valid certificate issued or rec ognized by the Minister and an authority to operate is sued by him or by a competent authority in the United Kingdom:

Provided that nothing in these limitations shall prevent the use or operation of the survival craft stations in distress in whatever manner and by whatever persons may be necessary for the purpose of attracting attention, making known their position and obtaining help.

Persons who may operate ship stations

22 (1) The service of every radiotelegraph station shall be per formed by an operator holding a certificate issued or recognized by the
Minister and an authority to operate issued by him or by a competent authority in the United Kingdom.

(2) For the purposes of paragraph (1) no certificate shall be deemed to be valid on any date if granted more than 2 years before that date and either:

(a) the holder's period, or aggregate of periods, of experience on that date is less than three months; or

(b) the holder last had experience at a time earlier than 2 years before that date, unless he can satisfy the Telecommunications Inspector or a person appointed in writing by the Minister in that behalf by re-examination or otherwise that he still possesses all the qualifications described in his certificate and that his experience with modern equipment is adequate.

For the purpose of this paragraph "experience" means experience as the operator of radiotelegraph apparatus:—

(i) at sea, as a radio officer or a radiotelegraph op erator; or

(ii) on land, as an operator at a radiotelegraph sta tion maintained on land by the Government of Bermuda, or at an entity for communication with ships recognized by the Minister.

(3) For the purposes of these Regulations no person shall be deemed to be a radio officer on board a ship registered outside Bermuda unless he holds a valid certificate in radiotelegraphy granted by an au thority empowered or recognized in that behalf by the laws of the country in which the ship is registered and issued in accordance with the inter national Radio Regulations.

(4) The service of every radiotelephone station shall be con trolled by an operator holding a certificate issued or recognized by the Minister and a valid authority to operate issued by him or by a compe tent authority in the United Kingdom:

Provided that such station is so controlled, other persons be sides the holder of the certificate and authority may use the radiotele phone equipment.

(5) The service of automatic communication devices installed in a ship station shall be controlled by an operator holding a certificate is sued or recognized by the Minister and a valid authority to operate is sued by him or by a competent authority in the United Kingdom:

Provided that if the devices are so controlled, they may be used by other persons: and

Provided further that if such devices require for their basic func tion the use of Morse code signals specified in the Instruction for the Op eration of the International Public Telegram Service, issued by the I.T.U. the service shall be performed by an operator holding a radiotelegraph operator's certificate: this latter requirement however does not apply to automatic devices which use Morse code signals solely for identification purposes.

(6) In the case of complete unavailability of the operator in the course of a sea passage and solely as a temporary measure, the master or the person responsible for the ship station may authorize an operator holding a certificate not issued by or recognized by the Minister to per form the radiocommunication service.

(7) When it is necessary to employ a person without a certifi cate or an operator not holding an adequate certificate as a temporary operator, his performance as such must be limited solely to signals of distress, urgency and safety, messages relating thereto, messages relat ing directly to the safety of life and urgent messages relating to the movement of the vessel. Persons employed in these cases are bound by the provisions of regulation 5 regarding the secrecy of communications.

(8) In all cases, such temporary operators must be replaced as soon as possible by operators holding one of the certificates required by paragraphs (1) to (4) and a valid authority to operate.

Harmful interference

23 (1) The apparatus of ship stations in the Service shall be so de signed, constructed, maintained and used that their operation does not cause any avoidable harmful interference with any other radio service or prevent the efficient operation of any other equipment installed on the ship.

(2) Licensees and operators shall take reasonable precautions to avoid causing harmful interference.

(3) All ship stations shall radiate only as much power as is necessary to ensure a satisfactory service.

(4) Transmission shall be suspended immediately upon detec tion by the licensee, or operator, or upon notification by the Telecommu nications Inspector or a person appointed in writing by the Minister in that behalf, of a deviation from the technical requirements of the station authorization, and shall remain suspended until such deviation is cor-
rected, except for transmission concerning the immediate safety of life or property, in which case transmission shall be suspended as soon as the emergency is terminated.

(5) If the Minister is satisfied that transmission by any ship station on board a Bermudian vessel persistently causes harmful inter ference he may, at his discretion—

(a) require appropriate changes in equipment to eliminate such interference;

(b) by notice published in the Gazette, prohibit transmission in the area to be defined in the notice.

Access by unauthorized persons not to be permitted

24 A licensee, or an operator shall not permit or suffer any unau thorized person to operate the ship station on board a Bermudian vessel or to have access to the apparatus comprised therein:

Provided that the licensee or operator, shall permit any person, acting in the course of his duty, and authorized in writing in that behalf by the Minister to have access to such station at all reasonable times for the purpose of inspecting and testing the apparatus comprised therein.

Posting of licence

25 The licence, provisional licence or permit together with any no tices of variation served on the licensee in writing by virtue of regulation 12, a copy of the Act and of these Regulations, and the documents listed in the international Radio Regulations as required to be carried on board a vessel of the category to which the vessel belongs, shall be carried on board a Bermudian vessel in the radio room.

Station identification

26 The call sign of the ship station on board a Bermudian vessel as shown in the licence, provisional licence or permit shall be used when ever it is necessary to identify the ship station. Such call sign followed by 2 digits (other than 0 or 1) shall be used to identify any of the survival craft stations. A different combination of digits shall be used in respect of each survival craft station.

Intercommunication

27 Each ship station in the Service on board a Bermudian vessel at sea shall, within the scope of its normal operations, be bound to ex change messages, or signals with any other ship station in the Maritime Mobile Services at sea or with any public coast station in the Maritime Mobile Service; or any aircraft station:

Provided that such exchange of radio communications shall be without distinction as to radio systems or instruments adopted by each station.

Distress communications

28 A ship station on board a Bermudian vessel may use any means at its disposal to attract attention, make known its position and help in case of distress. A distress call and message, however. shall be trans mitted only on the authority of the master or person responsible for the station. No person shall knowingly transmit, or cause to be transmitted, any false or fraudulent signal of distress or communication relating thereto.

Type approval

29 (1) A licence or permit shall be granted by the Minister only in respect of the apparatus of a ship's station on board a Bermudian ves sel—

(a) which is of a type, model or description that has already been approved by the Minister for use and operation in the Service and is installed in a manner approved by him; or

(b) which is of a type, model or description that has already been approved by an authority recognized by the Minis ter for use and operation in the Service and accepted by him.

(2) Where paragraph (1) does not apply to a ship station on board a Bermudian vessel or any part of it for which a licence or permit is requested, the person requesting the licence or permit shall make the station available to the Telecommunications Inspector or some other per son appointed in that behalf by the Minister for Inspection and type ap proval for use and operation in the Service on Bermudian vessels. If the Minister decides to withhold type approval he may refuse to grant a li cence or permit.

(3) Where an examination in connexion with type approval has to be made outside Bermuda, such examination shall be at the expense of the person requesting it.

(4) Before granting a licence or permit the Minister may request the applicant to furnish such proof to the Telecommunications Inspector as will satisfy him that there exist adequate and sufficient
facilities for the repair and maintenance of the type of ship station for which a licence or permit is requested and which are available to the person, requesting such licence or permit.

(5) If the Minister decides to withhold type approval or does not approve of the installation, or decides that adequate repair and mainte nance facilities are not available, he may refuse to grant a licence or permit.

Technical parameters

30 The Minister shall authorize in respect of each ship station the following technical parameters which shall be included in the licence, provisional licence or permit:

(a) frequencies to be used;

(b) class of emission:

(d) any other parameter deemed to be necessary by the Minister.

Equipment for stations

31 (1) A ship station on board a Bermudian vessel shall be equipped with sufficient and suitable indicating instruments to confirm that the station is functioning as authorized and to enable all normal adjustments to be made without recourse to external instruments.

(2) All equipment and the location and arrangement thereof shall conform to specifications, if any, issued by the Minister from time to time.

(3) The licensee shall take all necessary precautions to ensure that in the construction of the transmitter and associated equipment and in the manner of installation no parts are exposed that, in the operation of the station, might constitute a danger to any person.

(4) The radio operating area or room, as the case may be, shall be of sufficient size and of adequate ventilation to enable the radiocom munication station to be operated efficiently and safely.

Changes to radio apparatus

32 A licensee may only change the radio apparatus of his ship sta tion without the consent of the Minister if—

(a) the new apparatus is of a type, model or description that has been approved by the Minister or by an authority recognized by him and accepted by him for use in the service performed by the authorized station; and

(b) no change is made in the type of emission, radio fre quency, antenna characteristics, or the power to be used, as specified in—

(i) the application pursuant to which the licence or permit for the station was issued; or

(ii) the licence or permit.

Adjustment of equipment

33 The transmitting equipment of each ship station on board a Bermudian vessel shall be operated, tuned, and adjusted so that there will be no radiation of emissions outside the authorized frequency band that causes harmful interference or is capable of causing harmful inter ference to the service of any other station. Any spurious emissions in cluding radio frequency harmonics and audio frequency harmonics. shall be maintained at the lowest practicable level.

Transmitter power

34 The actual power of each radio transmitter in a ship station on board a Bermudian vessel shall, insofar as is practicable, be no more than that necessary to carry on the service for which the station is li censed or permitted.

Transmitter measurements

35 (1) Except as provided for in paragraph (4) a determination shall be made that the carrier frequencies of each transmitter are within prescribed tolerance as follows—

(a) when the transmitter is initially installed;

(b) when any change is made in the transmitter which may affect the carrier frequencies or stability thereof; and

(2) When the manufacturer's rated power of a ship station transmitter is more than 120 percent of the maximum authorized power the actual power shall be determined as follows—

(a) when the transmitter is initially installed; and

(b) when any change is made in the transmitter which may increase its power.

(3) Except as provided for in paragraph (4), a determination shall be made that each radiotelephone station transmitter is properly adjusted in accordance with the manufacturer's specifications—

(a) when the transmitter is initially installed; and

(b) when any material change is made in the transmitter.

(4) The determinations required by paragraphs (1) and (3) may be made at a test or service bench, provided the load conditions are equivalent to those of actual operation. In the case of transmitters oper ating in the VHF band, these determinations shall be performed by the manufacturer for each channel of frequency installed at the point of manufacture or, in the case of frequency synthesized equipment, on channel 16 (156.8 MHz) and the highest and lowest transmit frequen cies. This shall be in lieu of these measurements being performed when the transmitter is initially installed.

(5) The results of the determinations of paragraphs (1), (2), and (3) shall be entered in or made a part of the radiotelegraph or radiotele phone station log, as the case may be.

Frequencies

36 Any apparatus comprised in the ship station shall at all times be so adjusted that it shall only be possible to transmit with such appara tus on a frequency specified in the licence or permit.

Upkeep

37 The apparatus comprised in the ship station or survival craft stations and in particular the headgear receivers and microphones thereof, shall be kept in clean and sanitary condition, and dangerous parts of such apparatus shall be so screened or isolated as to ensure the reasonable comfort and health of the persons operation the Stations.

General requirement for receiving apparatus

38 Each ship station on board a Bermudian vessel shall be equipped for the reception of signals on frequencies in current use at the station at any time.

Settlement

39 (1) A licensee shall be responsible for the settlement of charges incurred by any person using the licensed or permitted ship station on board a Bermudian vessel for public correspondence in the Service by radiocommunication with a coast station or another ship station (hereinafter referred to as "maritime accounts").

(2) A licensee of a radiotelegraph, radiotelephone or restricted radiotelephone station shall enter into a written agreement with an ac counting authority either appointed or recognized by the Minister for the purpose of settling maritime accounts.

(3) The maritime accounts shall be promptly settled by the li censee with the concerned accounting authority (appointed by the Min ister under regulation 40) in accordance with procedures laid down un der the Convention and the Recommendations of the ITU.

(4) If a licensee habitually fails to settle maritime accounts within six months the Minister may, without prejudice to any other steps that he may take within the law to ensure settlement of any such out standing account, refuse to renew the licence or permit until he is satis fied that the outstanding maritime accounts of the licensee with ac counting authorities have been settled.

Accounting authority

40 (1) The Minister may appoint or recognize in accordance with the international Radio Regulations, recognized operating agencies or other entities to be accounting authorities authorized to collect charges for maritime accounts from licensees.

(2) No person may act as an accounting authority in respect of a Bermudian vessel unless appointed in writing by the Minister.

(3) The Minister shall allocate to each accounting authority in Bermuda, a discrete identification code number (hereinafter referred to as "AAIC"). The Minister shall notify the name, and address of the ac counting authority to the ITU General Secretariat for inclusion in the ITU List of Ship Stations.

(4) Each accounting authority in Bermuda shall—

(a) notify its AAIC to the Administration of each country that has recognized it as an accounting authority for ship stations licensed by that Administration; and

(b) ensure that all licensees for which it accounts are noti fied of its AAIC and are aware of their responsibilities under the Convention and ITU Recommendations in using the AAIC when transmitting radio traffic.

False statement in application under regulation 8

41 Any person who wilfully and knowingly makes, in a written ap-

Bermuda Consolidated Legislation

Class Nine Radio (Maritime Mobile Service) Regulations 1988