Class Three Radio (Amateur Service) Regulations 1987

1 Citation

2 Interpretation

3 Purpose

4 Requirement for a licence, or permit

5 Secrecy of correspondence

6 Inspection

7 Copyright

8 Marking of apparatus

PART II
LICENCES, PERMITS AND CERTIFICATES

9 Amateur station licence or permit

10 Amateur radio club station licence or permit

11 Temporary permit

12 Duration of licences and permits

13 Application for licence or permit

14 Renewal of licence

15 Revocation or suspension of licence or permit

16 Return of licence or per mit and disposal of equipment

17 Keeping of licences, etc

18 Certificates

19 Availability of certificate, licence or permit for in spection

20 Loss, etc. of certificate, li cence or permit and issue of a duplicate

PART III
OPERATION

21 Practice to be observed by all operators and licensees

22 Harmful interference

23 General restrictions

24 Operation by permit hold ers

25 Authorization of special types of emission

26 Packet transmissions

27 Operation by an individ ual other than the li censee

28 Special restrictions ap plying to amateur mobile stations while outside Bermuda

29 Station identification

30 Log

31 Use of amateur stations

32 Emergency communica tions

33 Prohibited communica tions

34 Third Party communica tions

35 Access to stations

PART IV
AERONAUTICAL AND MAR ITIME MOBILE INSTALLA TIONS

36 Operation on aircraft

37 Operation on British ships

38 Installation of an amateur radio station aboard ships or aircraft

PART V
TECHNICAL

39 Measurements

40 Type of radio apparatus

41 Spurious radiations

42 Frequencies, types of emission and power

43 Frequency control and measurement

44 Receiver

45 Antenna

PART VI
OFFENCES AND PENALTIES

46 False statement in appli cation under regulation 9, 10, 11 or 18 an offence

PART VII
MISCELLANEOUS

47 Repeal

48 Commencement

PART I

PRELIMINARY

Citation

1 These Regulations may be cited as the Class Three Radio (Amateur Service) Regulations 1987.

Interpretation

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

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

"aircraft" means an aircraft—

(i) registered in Bermuda; or

(ii) deemed to be registered in Bermuda; or

(iii) permitted to fly unregistered in Bermuda,

under the Air Navigation (Overseas) Territories) Order 1977, or any amendment thereto, or any other Order or Act that may replace it and which has from time to time or at any time been acceded to by, or applied to Bermuda, or any regula tions made under such Order by the Minister of Transport;

"amateur aeronautical mobile station" means an amateur station used in an aircraft;

"amateur maritime mobile station" means an amateur station used in a British ship;

"amateur radio operator" means a person holding a valid licence or permit to operate an amateur station issued by the Minis ter;

"amateur radio service" means a radiocommunication service for the purpose of self-training, intercommunication and techni cal investigations carried out by amateurs, that is to say be duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest;

"amateur station" means a radio station in the amateur radio service at a location specified and described in the licence or permit and may include several transmitters and receivers;

"ASCII" means the American Standard Code for Information Ex change;

"boat" means any vessel registered in Bermuda under the Marine Board Act 1962 [title 22 item 3] and any unregistered vessel owned by a person resident in Bermuda and habitually used in Bermudian waters;

"British ship" means a vessel registered in Bermuda under the Merchant Shipping Act 1984, Part I;

"certificate" means an advanced class or novice class certificate or proficiency to operate an amateur station, described in regulation 18 and issued by or recognized by the Minister;

"club station" means an amateur station which a bona fide radio amateur club or association is licensed or permitted to pos sess and use;

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

"licensee" means the holder of a licence or temporary permit for the time being in force under these Regulations to possess, and use an amateur station including a club station;

"location" for the purposes of the definition of "amateur station" and of regulations 9, 17 and 23 means a location in Bermuda or in an aircraft, or on a British ship;

"repeater station" means an amateur station, used for the recep tion and automatic retransmission of the signals of another amateur station;

"station" means a radio station in the Service;

"stock licence" means a licence granted by the Minister to a per son to possess stations in the course of trade or business;

"U.T.C." means coordinated universal time.

(2) In these Regulations or in any licence, permit or certificate granted thereunder where definitions or symbols are used, they shall bear the same meanings as in the international Radio Regulations unless otherwise provided in the Act or these Regulations.

Purpose

3 These Regulations determine who may operate an amateur sta tion and state the conditions under which such a station may be pos sessed and used in accordance with the provisions of the Act.

Requirement for a licence, or permit

4 Without derogating from the generality of section 9 of the Act a licence or temporary permit is required for the possession and use of an
amateur station in Bermuda or the waters thereof or on board an air craft, British ship or a boat and no person shall operate such station unless he holds such licence or permit.

Secrecy of correspondence

5 If any message which the amateur radio operator or licensee is not entitled to receive is, nevertheless, received by an amateur station, he shall not make known or allow to be made known its contents, its ori gin or destination, its existence or the fact of its receipt to any person (other than a duly authorised officer of the Government or a competent 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 amateur station and all equipment subject to the li cence or permit shall be open for inspection, at any reasonable time, by the Telecommunications Inspector or by any person appointed in writing by the Minister in that behalf.

(2) The log required by regulation 30, the amateur radio oper ator's licence or permit and any other information relating to the station shall be produced to the Telecommunications Inspector or to any other person appointed in writing by the Minister in that behalf when re quested by either of them.

7 The licence or permit does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted.

Marking of apparatus

8 A licensee who removes any transmitting apparatus of his ama teur station from the location the address of which is given in his licence or permit shall cause the number of his licence or permit to be clearly in scribed, marked or embossed on such transmitting apparatus in an eas ily visible place or attached thereto by means of a label.

PART II

LICENCES, PERMITS AND CERTIFICATES

Amateur station licence or permit

9 (1) A licence or permit to possess and use an amateur station may be issued by the Minister to any individual who—

(a) hold a certificate issued pursuant to regulation 18; or

(b) holds a certificate issued by a recognized authority in another country which is accepted pursuant to regula tion 18 by the Minister as sufficient proof of competency to operate an amateur station in Bermuda,

upon application in writing under regulation 13.

(2) An amateur station shall have one location, the address of which shall appear in the licence or permit.

Amateur radio club station licence or permit

10 (1) The Minister may issue to a bona fide amateur radio club or association a licence to possess and use an amateur station (hereinafter called "the club station") provided that such club or association desig nates one of its members as station trustee and communicates his name and particulars in writing to the Minister. Such amateur station may in clude an unmanned radio beacon or repeater station, the operation of which the Minster may attach special provisions and restrictions.

(2) A club station shall only be operated by an amateur radio operator.

(3) A bona fide amateur radio club or association shall be com posed of at least five persons three of whom must be licensed and must have a certificate of advanced class issued or accepted by the Minister under regulation 18 and shall have:

(i) a name;

(ii) an instrument of organization, that is to say a constitution;

(iii) management; and

(iv) a primary purpose which is devoted to amateur radio activities and constituting the major por-
tion of the activities of the club or association.

Temporary permit

11 The Minister may issue on a temporary basis to an individual in Bermuda who holds a certificate of an advanced class issued by the Minister or a certificate recognized by him under regulation 18 as being of an equivalent or higher class, a permit whether for himself or for a bona fide amateur radio club or association granting temporary permis sion for the possession and use of an amateur station and may attach to the grant of the permit such conditions and restrictions as he may think fit.

Duration of licences and permits

12 (1) A licence shall be for a duration of five years and may be renewed but on first issuance a licence shall expire on the 30th of June of the following year.

(2) Permits shall be for a period of not more than six months.

Application for licence or permit

13 An application for a licence or permit shall be made in writing to the Minister in such form and giving such information as the Minister may determine.

Renewal of licence

14 A licensee shall normally apply before the expiration of the li cence for its renewal. In a case where a former licensee applies for re newal of his licence more than three years after its expiry the Minister may require fresh proof of proficiency under regulation 8.

Revocation or suspension of licence or permit

15 In the event of revocation or suspension of a licence or permit under section 13 of the Act no part of any fee paid in respect of such li cence or permit shall be refunded.

Return of licence or permit and disposal of equipment

16 (1) When a licence or permit is revoked or suspended or is su perseded by a new licence or permit or lapses and is not renewed, the Telecommunications Inspector may require that the revoked, suspended, superseded or lapsed licence or permit, as the case may be, be returned to him together with any letters authorizing additions or alterations to the terms of such licence or permit.

(2) When a licence or permit is revoked or lapses and is not re newed, the licensee shall inform the Telecommunications Inspector in writing within a reasonable time not to exceed 30 days as to the manner in which the transmitting apparatus of the amateur station (hereinafter referred to as "the unlicensed apparatus") has been disposed of.

(3) Upon the death of a licensee, his licence or permit shall lapse and his executors, heirs or assigns shall within ninety days of his death inform the Telecommunications Inspector as to the manner in which the unlicensed apparatus has been disposed of.

(4) Unlicensed apparatus shall be disposed of as follows—

(a) by removal from Bermuda and its territorial waters; or

(b) by disposal by sale or otherwise to a person in posses sion of a valid licence, permit or stock licence; or

Keeping of licences, etc

17 (1) The current licence or permit for each amateur station shall be kept at the location of the station.

(2) A copy of the Act and of any Regulations made by the Min ister for the amateur radio service shall be retained with the records of each amateur station.

Certificates

18 (1) The Telecommunications Inspector shall be an examiner under section 13(1)(c) of the Act for the purpose of examining applicants for certificates.

(2) Any person wishing to be examined for a certificate shall apply to the Telecommunications Inspector and may be admitted to an examination conducted by an examiner or examiners on a date and at a time and place determined by the Minister.

(3) The following classes of certificates may be issued by the Minister—

(a) an advanced class certificate to be issued to individu als who have passed a written examination in radio op erating, regulations and theory of transmission and re ception including a code test at 13 words per minute and who have by on-the-air experience demonstrated their practical proficiency to the Telecommunications

In spector, or other examiner appointed by the Minister; or

(b) a novice class certificate to be issued to individuals who have passed a simplified written examination and a code test at 5 words per minute.

(4) [paragraph [4] rescinded by BR 41/1991 effective 9 August 1991]

(5) The Minister may accept a certificate equivalent to or higher than an advanced class certificate issued by a recognized authority in another country as sufficient proof of competency to operate an amateur station in Bermuda or on an aircraft or British ship.

Availability of certificate, licence or permit for inspection

19 Where an amateur station is at a location other than that speci fied in the licence or permit the licensee shall, if necessary, have twenty-four hours notice to make certificates, licences and permits available for inspection by the Telecommunications Inspector or by any person autho rized in that behalf by the Minister or by a police officer except when such certificate, licence or permit has been filed with application for modification or renewal thereof, or has been mutilated, lost or destroyed, and a request has been made for a duplicate certificate, licence or per mit.

Loss, etc. of certificate, licence or permit and issue of a duplicate

20 In the event of loss, mutilation or destruction of a certificate, li cence or a permit the licensee shall as soon as possible apply to the Telecommunications Inspector for the issuance of a duplicate certificate, licence or permit.

PART III

OPERATION

Practice to be observed by all operators and licensees

21 (1) An amateur radio operator licensee shall in the operations of a station in the amateur radio service observe the relevant provisions of the Act and of any applicable regulations made by the Minister.

(2) In all respects not specifically covered by these Regulations each station in the amateur radio service shall be operated in accordance with good engineering and good amateur practice.

Harmful interference

22 (1) A station in the amateur radio service shall be designed, constructed, maintained and operated so as not to cause harmful inter ference.

(2) If a licensee causes or allows to be caused, harmful inter ference by the operation of his station or there is good reason to believe that this is the case, he shall take all reasonable steps in collaboration if necessary with the party or parties affected, to eliminate such interfer ence, if any.

(3) When harmful interference occurs transmission shall at once be discontinued or postponed by the amateur radio operator or li censee at the request of the Telecommunications Inspector.

(4) The Minister shall have the right to prohibit, without com pensation, the use of transmitting apparatus in any particular area should this be necessary in his opinion for the purpose of ensuring the interference-free operation of any other station, electronic or electrical apparatus, or appliance.

(5) Before commencing transmission an amateur radio operator or a licensee shall listen on the frequency which it is proposed to use to satisfy himself that his transmission on such frequency at that time will not cause harmful interference.

General restrictions

23 (1) A station in the amateur radio service shall be operated using frequencies, power, types of emission or modes of transmission authorized by the Minister in the licence or permit and in no other man ner.

(2) Unless otherwise provided in the licence or permit, an am ateur station shall not be installed and operated for a duration in excess of thirty days at a location other than that specified and defined in the li cence or permit whether in Bermuda or outside its limits, without the prior written authorization of the Telecommunications Inspector or a prior change in the licence or permit agreed by the Minister.

Operation by permit holders

24 The holder of a permit issued under regulation 11 shall operate an amateur station using only the call sign, radio frequencies, types of emission or modes of transmission and power that he is authorized to use in such permit.

Authorization of special types of emission

25 The Minister may, on request, authorize a licensee to carry on special experimentation with types of emission not authorized by the Minister in the licence or permit.

Packet transmissions

26 A licensee may use the frequencies authorized on the licence or permit for packet transmissions employing such types of emission, other than pulse modulation, as may be selected by experimentation, on con dition that the bandwidths prescribed by the Minister are not exceeded.

Operation by an individual other than the licensee

27 Notwithstanding that the licensee is at all times responsible for the operation of his amateur station, he may—

(a) permit an individual to take part in communications but only if the licensee retains control over the apparatus of his amateur station; or

(b) permit an amateur radio operator to operate the li censee's amateur station in accordance with his licence or permit, using such operator's call sign.

Special restrictions applying to amateur mobile stations while out side Bermuda

28 The licensee of an amateur station on a boat, or of an amateur aeronautical or maritime mobile station shall, while such station is out side Region 2 as defined in the international Radio Regulations and the jurisdiction of any foreign government restrict its operation to frequen cies in the bands 7.0 to 7.1 MHz, 14.00 to 14.35 MHz, 21.00 to 21.45 MHz and 28.00 to 29.70 MHz and any frequency above 30 MHz autho rized for use by amateurs in either Region 1 or Region 3, as the case may be, by the international Radio Regulations.

Station identification

29 (1) An amateur radio operator or a licensee of an amateur sta tion shall use the call sign assigned to him and no other call sign—

(a) at intervals not greater than ten minutes during any pe riod in which the station is transmitting; and

(b) at the termination of—

(i) a single transmission; or

(ii) each exchange of communications with another station:

Provided that where there is a series of short transmissions it is permissible to transmit the call sign at intervals of no longer than ten minutes:

Provided further that the holder of a permit shall operate in ac cordance with regulation 24.

(2) The call sign referred to in paragraph (1) shall be transmit ted—

(a) by telegraphy, in the International Morse Code at a speed not greater than twenty words per minute; or

(b) by telephony, in which mode letters of the call signals may be confirmed by the pronunciation of well-known words of which the initial letters are the same as those in the call signals, but words used in this manner must not be of facetious character nor be capable of undesir able misinterpretation; or

according to the type of emission authorized for the frequency being used.

(3) When an amateur station is being operated as an aeronau tical or maritime mobile station or on a boat outside the waters of Bermuda the licensee shall give in addition to the normal call sign the following information when identifying—

(a) by telegraphy, immediately after the call sign, he shall transmit an oblique sign followed by the letters "A.M." for aeronautical mobile and "M.M." for maritime mobile or a boat;

(b) by voice, immediately after the call sign, he shall trans mit the word "aeronautical mobile" or "maritime mobile" as appropriate.

Log

30 (1) A licensee shall keep a record of all transmissions on fre quencies below 30 MHz made over the previous 3 years showing the fol-
lowing—

(a) the date of each transmission;

(b) the time of commencement of calls made from the sta tion;

(d) the location of the station; and

(e) in the case of a club station, the name of the person op erating.

All times shall be stated in U.T.C.

(2) All entries shall be made at the time of transmitting and re ceiving.

Use of amateur stations

31 (1) A licensee of an amateur station shall comply with the pro visions of section 31 of the Act and shall ensure that—

(a) communications are exchanged only with other stations operating in the amateur radio service in accordance with the provisions of the international Radio Regula tions;

(b) communications are limited to messages of a technical nature or of a personal and not business character;

(d) there is no wilful or malicious interference with any ra dio communication or signal.

(2) All communications regardless of the type of emission em ployed shall be in plain language except that generally recognized abbre viations are permissible and any other abbreviations or signals where the intent is not to obscure the meaning but only to facilitate communica tions.

(3) Notwithstanding paragraph (1), a licensee of an amateur station may—

(a) provide a radiocommunication service on behalf of rec ognized public service agencies during peace-time civil emergencies or during tests of civil emergency facilities; and

(b) conduct technical experiments using the apparatus of the station to transmit signals to receiving apparatus for the measurement of emissions, temporary observations of transmission phenomena, remote control by radio or similar experimental purposes.

(4) No licensee shall use an amateur station for—

(a) advertising or business purposes; or

(b) the sending or reception of broadcast programmes; or

(d) the transmission of music; or

(e) the transmission of any messages for any purpose or activity which is contrary to the law.

(5) A licensee shall not receive any payment for the use of the amateur station or allow the station to be controlled by or used for the purposes of any political organization.

Emergency communications

32 Where an emergency situation exists, a radio amateur operator of an amateur station may use it to communicate any type of message for himself or on behalf of third parties, but he shall not accept remunera tion in any form in respect of any such communication.

Prohibited communications

33 No licensee shall operate, or allow to be operated, his amateur station to communicate with a similar station of a country that has noti fied the International Telecommunication Union that it objects to such communications.

Third Party communications

34 Subject to regulation 32, no licensee shall operate, or allow to be operated, his amateur station to communicate a message on behalf of a third party to or from a similar station of another country.

Access to stations

35 The licensee of any amateur station shall not permit or allow any unauthorized person to have access to the transmitting apparatus of the station. Each such apparatus shall be so installed and protected that it is not accessible to or capable of operation by individuals other
than those duly authorized by and under the control of the licensee. Provi sions authorizing unattended operation of such apparatus in certain cir cumstances, shall not be construed to change or diminish in any respect the responsibility of a licensee to maintain control over the station (including all transmitter units thereof), or for the proper functioning and operation of such a station and transmitter units in accordance with the terms of the licence or permit of such station, the Act and these Regula tions.

PART IV

AERONAUTICAL AND MARITIME MOBILE INSTALLATIONS

Operation on aircraft

36 (1) No person shall install or operate an amateur aeronautical mobile station on an aircraft except as authorized by the Minister pur suant to paragraph (2).

(2) The Minister may authorize the installation or operation of an amateur station on an aircraft if—

(a) a written application therefore [sic] is submitted;

(b) the installation is technically acceptable as determined by the Telecommunications Inspector; and

(c) the installation does not impair the airworthiness of the aircraft, as determined by the Minister responsible for civil aviation.

Operation on British ships

37 (1) No person shall install or operate an amateur maritime mo bile station on a British ship except as authorized by the Minister pur suant to paragraph (2).

(2) The Minister may authorize the installation or operation of an amateur station on a British ship if—

(a) a written application therefore [sic] is submitted together with the written permission of the master of the British ship; and

(b) the applicant gives an undertaking that the operation of the station will not interfere with the ship's other radio communication services.

Installation of an amateur radio station aboard ships or aircraft

38 In addition to complying with all other applicable laws and reg ulations, any amateur station installed and operated aboard an aircraft or British ship must comply with all of the following conditions—

(a) such installation and operation shall be approved by the captain of the aircraft or master of the British ship;

(b) such station shall be separate from and independent of all other radio equipment, if any, installed on board the same aircraft or British ship;

(c) the electrical installation of such station shall be in ac cord with the law applicable in Bermuda in respect of aircraft and British ships;

(d) the operation of such station shall not interfere with the efficient operation of any other radio equipment installed on board the same aircraft or British ship;

(e) such station and its associated equipment, either in it self or in its method of operation, shall not constitute a hazard to the safety of life or property.

PART V

TECHNICAL

Measurements

39 (1) A licensee shall ensure that—

(a) his amateur station is equipped with a reliable means—

(i) of determining the operating radio frequency;

(ii) of preventing or indicating overmodulation in the case of a radiotelephone transmitter; and

(iii) of measuring the direct-current power input to the anode or collector circuit of the final stage where such power input exceeds two hundred watts;

(b) the amplitude modulation of any transmitter does not exceed one hundred per cent or use a bandwidth in ex cess of 3 KHz;

(c) the frequency modulation of any transmitter does not produce, except where packet transmissions are used, a frequency deviation exceeding, plus or minus—

(i) 450 hertz where type F1 emission is used;

(ii) 3 KHz where type F2 or F3 emission is used on any frequency below 30 MHz; or

(iii) 15 KHz where type F2, F3 or F4 emission is used in the frequency bands above 30 MHz;

(d) the pulse modulation of any transmitter does not pro duce signals that have a bandwidth in excess of—

(i) 15 KHz in the frequency band 144.0 to 148.0 MHz; and

(ii) 30 KHz in the frequency band 434.0 to 440.0 MHz;

(e) the frequency stability in the frequency bands below 220 MHz is comparable to that which is obtainable using crystal control;

(f) the carrier is suppressed during periods of reception when any transmitter is operating on frequencies below 30 MHz;

(g) if an unmodulated carrier is emitted on frequencies be low 30 MHz for brief tests and adjustments, the emis sion shall be terminated by the transmission of his as signed call sign; and

(h) television and facsimile signals do not have a bandwidth in excess of—

(i) 3 KHz in the frequency bands below 400 MHz; and

(ii) 4 MHz in the frequency bands above 400 MHz.

(2) No licensee shall use or permit to be used a "spark" sending apparatus in his amateur station nor employ in such station unrectified alternating voltage in any circumstances for the H.T. supply to the sending apparatus, and such licensee shall ensure that the H.T. supply shall be so smoothed that the value of the desidual [sic] ripple voltage does not exceed 5 per cent of the D.C. voltage.

(3) A licensee shall ensure that when telegraphy is being used the arrangement employed for "keying" the sender is such as to reduce to a minimum the risk of interference due to any clicks being produced in neighbouring apparatus. Whenever, for any reason, the carrier wave of the sender is being modulated by any system of modulation, a licensee shall take care to avoid unwanted frequency modulation of the carrier frequency. At all times a licensee shall take every precaution to prevent the radiation of energy at frequencies other than those which are neces sary for the type of emission in use.

Type of radio apparatus

40 (1) A licensee shall ensure that his radio transmitting appara tus is of a type or description that has been approved by the Minister for use in the amateur radio service.

(2) A licensee shall install an external radio frequency amplifier only:

Provided that the power of the transmitter shall not be increased to a level above that imposed by the licence or permit; and

Provided further that sufficient measuring equipment to the sat isfaction of the Telecommunications Inspector is also installed to enable the licensee to ensure that no harmful interference is caused by the in stallation of such amplifier.

Spurious radiations

41 So as not to exceed the limits specified by the Minister, a li censee shall ensure that the emissions shall be free from harmonics, hum, key clicks and all forms of spurious emissions.

Frequencies, types of emission and power

42 (1) A licensee shall ensure that—

(a) the frequencies, types of emission and power used by his amateur station shall be in accordance with the terms of the licence or permit; and

(b) that the station maintains its assigned frequency within the specified tolerance.

(2) When so required by the Telecommunications Inspector, the licensee shall equip his amateur station with a means approved by the Inspector for checking the frequency of the emitted wave.

(3) If power for the working of an amateur station is taken from a public electricity supply the licensee shall ensure that no direct

Bermuda Consolidated Legislation

Class Three Radio (Amateur Service) Regulations 1987