Radiocommunications Amendment Regulations 2005
Radiocommunications Amendment Regulations 2005
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.
Contents
1 Title
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(1) These regulations are the Radiocommunications Amendment Regulations 2005.
(2) In these regulations, the Radiocommunications Regulations 20011 are called
“the principal regulations”
.
2 Commencement
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:
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“(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.”
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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
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“(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
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“(1) This regulation applies to the following licences:
“(a) spectrum licences created under section 48(1)(a) or (b) of the Act:
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“(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.”
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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 ($1,300 less 10%).
“(2) In this regulation, online service means a service provided by, or on behalf of, the chief executive that allows payment of the fees under these regulations to be made by means of the Internet.”
8 New Schedule 6 substituted
9 Schedule 7 amended
10 Transitional provisions
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(1) If a licensee of a radio licence has paid a fee under regulation 38(1) of the principal regulations (as in force immediately before the commencement of this regulation), the licensee is not liable to pay the fee under regulation 38(1)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.
(2) If a rightholder of a spectrum licence has paid a fee under regulation 39(2) of the principal regulations (as in force immediately before the commencement of this regulation), the rightholder is not liable to pay the fee under regulation 39(2)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.
Schedule |
r 8 |
Schedule 6
Fees payable to chief executive for radio and spectrum licences (GST inclusive)rr 12, 38, 39
Class of licence code Class of radio or spectrum licence Engineering certification fee ($) Annual administration fee ($) Land mobile services (radio licences only) Repeaters (two frequency) LR1 Multiple repeaters on a common channel throughout New Zealand with bandwidth 12.5 kHz or less 400 1,300 LR2 Multiple repeaters on a common channel throughout New Zealand with bandwidth more than 12.5 kHz 400 2,500 LR3 Single repeater with 7 dBW (5 watts) e.i.r.p. or less 400 150 LR4 Single repeater with more than 7 dBW (5 watts) e.i.r.p. 400 250 Simplex (single frequency) LS1 Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth 12.5 kHz or less 400 800 LS2 Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth more than 12.5 kHz, but less than or equal to 25 kHz 400 1,500 LS3 Multiple radio transmitters on a common frequency throughout New Zealand with bandwidth more than 25 kHz 400 2,000 LS4 Other radio transmitters (per licence) 400 100 Paging LP1 Multiple radio transmitters on a common frequency throughout New Zealand 400 2,500 LP2 Radio transmitters with less than or equal to 7 dBW (5 watts) e.i.r.p. 400 100 LP3 Radio 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. 400 200 LP4 Radio transmitters with more than 14 dBW (25 watts) e.i.r.p. 400 400 Fixed services (radio licences only—fee per radio transmitter) FP1 Point-to-point—frequency less than or equal to 1 GHz 400 75 FP2 Point-to-point—frequency more than 1 GHz 400 200 FM1 Point-to-multipoint and multi-point-to-point 400* 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) BA1 Radio transmitters with less than 30 dBW e.i.r.p. 850 200 BA2 Radio transmitters with 30 dBW e.i.r.p. or more, but less than 36 dBW e.i.r.p. 850 900 BA3 Radio transmitters with 36 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p. 850 1,800 BA4 Radio transmitters with 40 dBW e.i.r.p. or more 850 3,500 Sound broadcasting more than 30 MHz (VHF or UHF) BF1 Radio transmitters with less than 10 dBW e.i.r.p. 1,100 200 BF2 Radio transmitters with 10 dBW e.i.r.p. or more, but less than 20 dBW e.i.r.p. 1,100 300 BF3 Radio transmitters with 20 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p. 1,100 500 BF4 Radio transmitters with 30 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p. 1,100 1,700 BF5 Radio transmitters with 40 dBW e.i.r.p. or more 1,100 3,000 Television broadcasting less than 300 MHz (VHF) BV1 Radio transmitters with less than 10 dBW e.i.r.p. 2,000 100 BV2 Radio transmitters with 10 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p. 2,000 900 BV3 Radio transmitters with 30 dBW e.i.r.p. or more, but less than 50 dBW e.i.r.p. 2,000 3,300 BV4 Radio transmitters with 50 dBW e.i.r.p. or more 2,000 18,000 Television broadcasting more than 300 MHz (UHF) BU1 Radio transmitters with less than 10 dBW e.i.r.p. 900 100 BU2 Radio transmitters with 10 dBW e.i.r.p. or more, but less than 30 dBW e.i.r.p. 900 150 BU3 Radio transmitters with 30 dBW e.i.r.p. or more, but less than 40 dBW e.i.r.p. 900 250 BU4 Radio transmitters with 40 dBW e.i.r.p. or more, but less than 50 dBW e.i.r.p. 900 500 BU5 Radio transmitters with 50 dBW e.i.r.p. or more 900 1,500 Other services (radio and spectrum licences) Maritime and aeronautical (radio licences only) OM1 Ship, aircraft, or mobile Nil 100 OM2 Land (including maritime coast stations) 350 100 OM3 Repeater (two-frequency) 400 200 Amateur (radio and spectrum licences) OA1 Beacon, repeater, or fixed link 300 50 Radiodetermination (radio licences only) OR1 Radiodetermination (including radiolocation and radionavigation) 400 200 Satellite (radio licences only) OS1 Fixed satellite service (per transponder accessed) 550 200 OS2 Other satellite services (not shared with fixed services) 550 150 OS3 Other satellite services (shared with fixed services) 550 1,200 Telemetry or telecommand (radio licences only) OT1 Telemetry or telecommand (including space telecommand) 200 50 Reception protection (radio licences only) OP1 Co-channel reception protection from terrestrial transmissions 550 1,400 Miscellaneous (radio and spectrum licences) OZ1 Radio transmitters less than 20 dBW (100 watts) e.i.r.p. 200 100 OZ2 Radio transmitters 20 dBW (100 watts) e.i.r.p. or more, but less than 30 dBW (1 000 watts)e.i.r.p. 200 200 OZ3 Radio transmitters 30 dBW (1 000 watts) e.i.r.p. or more 200 300
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