TELECOMMUNICATION (CONTROL OF INTERFERENCE) REGULATIONS

TELECOMMUNICATION (CONTROL OF INTERFERENCE) REGULATIONS

TELECOMMUNICATION (CONTROL OF INTERFERENCE)
REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation Page

1. Citation . ... ... ... ... ... ... ... ... ... ... ... ... B 2
2. Application of regulations and classification of apparatus ... ... ... ... B 2
3. Manufacturers, assemblers and importers ... ... ... ... ... ... ... B 3
4. Users ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 4
5. Enforcement of regulations as to use ... ... ... ... ... ... ... ... B 5
6. Entry and search of premises, etc. ... ... ... ... ... ... ... B 7
7. Requirement ... ...
... ... ... ... ... ... B 7
8. Measurement and computation of noise voltage and field-strength ... ... B 9
9. Deliberate interference ... ... ... ... ... ... ... ... ... ... ... B 9
10. Amendment of Schedule ... ... ... ... ... ... ... ... ... B 9

Schedule ... .. 1 ... ... ... ... ... ... ... ... ... ... ... 1 . ... ... ... B10





TELECOMMUNICATION (CONTROL OF INTERFERENCE)
REGULATIONS

(Cap. 106, section 37)

[9th September, 1966.]

1. These regulations may be cited as the Telecommunication
(Control of Interference) Regulations.

2. (1) Subject to the provisions of paragraph (3), these regulations
shall apply to every apparatus belonging to any of the following classes
of apparatus for or in respect of which limits of interference are specified
in the Schedule

(a) ignition apparatus of internal combustion engines;

(b)equipment intended for the generation of radio-frequency
energy for industrial, scientific or medical purposes;

(c) receivers, that is to say-

(i) receivers intended for the reception of amplitude
modulated (A.M.) signals;

(ii) radio-frequency (R.F.) oscillators in receivers intended
for the reception of television and in frequency modulated
(F.M.) receivers;

(iii) the line time base of receivers intended for the reception
of television signals;

(d) electrical traction systems, that is to say-

(i) trolley buses and tramways;

(ii) other traction systems;

(e) distribution systems having-

(i) a declared voltage between conductors not greater than
750 volts or a declared voltage between any one conductor
and earth not greater than 375 volts; or

(ii) a declared voltage between conductors greater than 750
volts but not exceeding 15,000 volts or a declared voltage
between any one conductor and earth greater than 375 volts
but not exceeding 15,000 volts; or

(iii) a declared voltage between conductors or between any
one conductor and earth exceeding 15,000 volts;

equipment, other than equipment in any of the aforementioned
classes, that is not connected to a distribution system;

(g)equipment, other than equipment in any of the aforementioned
classes, that is designed for connexion at its terminals to a
distribution system having





(i) a declared voltage between conductors not greater
than 750 volts or a declared voltage between any one
conductor and earth not greater than 375 volts; or
(ii) a declared voltage between conductors greater than
750 volts but not exceeding 15,000 volts or a declared
voltage between any one conductor and earth greater than
375 volts but not exceeding 15,000 volts; or
(iii) a declared voltage between conductors or between
any one conductor and earth exceeding 15,000 volts.

(2) For the purposes of this regulation, 'distribution system'
means any system for conveying electrical energy from one place
to another.

(3)(a) Any apparatus in an aircraft or a foreign vessel shall,
for the purposes of regulation 4, be deemed not to be
within any of the classes specified in paragraph (1), and
references in these regulations to the ignition apparatus
of an internal combustion engine shall not be construed
as referring to the ignition apparatus of an internal com-
bustion engine in an aircraft or foreign vessel.
(b)For the purposes of regulation 3 any apparatus (other
than the ignition apparatus of an internal combustion
engine) designed to be used exclusively in a vessel or
aircraft and to obtain its power solely therefrom, and
for the purposes of regulation 4 any apparatus (other
than the ignition apparatus of an internal combustion
engine) used in a vessel or aircraft and obtaining its power
solely therefrom, shall be deemed not to be within any of
the classes specified in paragraph (1).

3. (1) The requirement referred to in regulation 7 shall be
complied with in the case of every apparatus to which these regula-
tions apply (whether manufactured, assembled or imported before
or after the day on which these regulations are published in the
Gazette) if, after the expiry of a period of six months from the
day on which these regulations are published in the Gazette, that
apparatus is to be sold otherwise than for export, or offered or
advertised for sale otherwise than for export, or let on hire or
offered or advertised for letting on hire, or installed, by any person,
whether on his own account or as agent of some other person,
who in the Colony or whose principal in the Colony in the course
of business manufactured or assembled the apparatus or who on
his own account or as agent in the course of business imported the
apparatus into the Colony or whose principal in the course of
business imported the apparatus into the Colony.

(2) Any person, whether on his own account or as agent of
some other person, who, after the expiry of a period of six months
from the day on which these regulations are published in the
Gazette-





(a)sells otherwise than for export or offers or advertises for sale
otherwise than for export; or

(b) lets on hire or offers or advertises for letting on hire; or

(c) installs,

any apparatus to which these regulations apply (whether manufactured,
assembled or imported before or after the day on which these
regulations are published in the Gazette), being an apparatus which was
manufactured or assembled by him or his principal, as the case may be,
in the Colony in the course of business or imported into the Colony by
him, whether on his own account or as agent of some other person, or
by his principal, in the course of business, shall, if such apparatus does
not comply with the requirement referred to in regulation 7 when so sold,
offered or advertised for sale, let on hire, offered or advertised for letting
on hire, or installed, as the case may be, be guilty of an offence and shall
be liable on summary conviction, in the case of the first such offence, to
a fine of seven hundred and fifty dollars and, in the case of any
subsequent such offence, to a fine of one thousand five hundred
dollars; and where such person is the agent of some other person, such
other person shall be under the same liability as if he had himself sold or
offered or advertised for sale, or let on hire or offered or advertised for
letting on hire, or installed, that apparatus, as the case may be.

4. (1) The requirement referred to in regulation 7 shall be complied
with in the case of every apparatus to which these regulations apply,
whether manufactured, assembled, installed, imported, purchased, hired
or otherwise obtained before or after the day on which these regulations
are published in the Gazette, if such apparatus is to be used in the
Colony:

Provided that in the case of the ignition apparatus of an internal
combustion engine the use of the apparatus shall be deemed to comply
with the said requirement if the person using the apparatus establishes

(a)that suppressors were fitted to the apparatus by the
manufacturer, assembler or importer of the vehicle, vessel or
engine of which the apparatus forms PART; and

(b)that the suppressors so fitted remained fitted to the apparatus
at the time of use, or that suppressors having the same
electrical characteristics had been correctly fitted to the
apparatus at that time in substitution for those fitted as
aforesaid, and in either case that the suppressors were then in
good electrical and mechanical repair and condition; and

(c)that the apparatus at the time of the use consisted of the same
components as those which were fitted at the time when the
vehicle, vessel or engine of which the apparatus





forms part was manufactured or assembled, or that any
components which had been substituted for those
components had the same electrical characteristics and had
been correctly fitted.

(2) Save as provided in paragraph (3) and in regulation 9, it shall not
be unlawful for any person to use any apparatus to which these
regulations apply by reason only that it does not comply with the
requirement referred to in regulation 7, but the non-compliance therewith
shall be a ground for the giving of a notice under regulation 5.

(3) Any person who, after the expiry of a period of twelve months
from the day on which these regulations are published in the Gazette,
uses any internal combustion engine the ignition apparatus of which
does not comply with the requirement referred to in regulation 7 shall be
guilty of an offence and shall be liable on summary conviction, in the
case of the first such offence, to a fine of one hundred dollars and, in the
case of any subsequent such offence, to a fine of five hundred dollars.

5. (1) If the Authority is of the opinion-

(a)that any apparatus to which regulation 4 applies does not
comply with the requirement referred to in regulation 7; and
either

(b)that the use of the apparatus is likely to cause undue
interference with the working of any apparatus for
telecommunication used for the purpose of any safety of life
service or for any purpose on which the safety of any person
or of any vessel, aircraft or vehicle may depend; or

(c)that the use of the apparatus is likely to cause undue
interference with the working of any other apparatus for
telecommunication and in fact has caused or is causing such
interference in a case where he considers that all reasonable
steps to minimize interference have been taken in relation to
the station or apparatus receiving the telecommunication, he
may serve on the person in whose possession the apparatus is
a notice in writing requiring that, after a date fixed by the
notice, not being less than fourteen days from the date of
service thereof, the apparatus shall not be used, whether by
the person to whom the notice is given or otherwise, or, if the
Authority thinks fit so to frame the notice, shall only be used
in such manner, at such time and in such circumstances as
may be specified in the notice:

Provided that if the Authority is satisfied that the use of the
apparatus concerned is likely to cause undue interference such as is
referred to in sub-paragraph (b), the date fixed by the notice may, in the
discretion of the Authority, be the date of service of the notice or any
other date earlier than fourteen days from the date of service.





(2) If the Authority is satisfied that the use of any apparatus
to which regulation 4 applies is likely to cause undue interference
such as is referred to in paragraph (1)(b) and that the circumstances
of the case warrant the service of a notice under that paragraph
requiring that the apparatus shall not be used from the date of
service of the notice, he may, in addition to the service of such a
notice and either before or after the service of the notice, seal the
apparatus in such manner, or remove such part thereof, as ensures
that the apparatus is not used, but in such a case, where the apparatus
is scaled or a part thereof is removed before the service of the notice,
the notice aforesaid shall be served within three days after the
apparatus is scaled or the part removed therefrom.

(3) A notice under paragraph (1) may be revoked or varied
by a subsequent notice in writing by the Authority served on the
person in whose possession the apparatus then is:

Provided that-
(a)where a notice under this paragraph has the effect of
imposing any additional restrictions on the use of the
apparatus, the provisions of paragraph (1) relating to the
coming into force of notices shall apply in relation to
the notice as if it had been a notice served under that
paragraph; and
(b)where the Authority is satisfied that the apparatus has
been altered or otherwise made to comply with the re-
quirement referred to in regulation 7, he shall revoke the
notice and forthwith break the seal (if any) on, or replace
the part (if any) removed from, the apparatus.

(4) No person, being a person who knows that a notice of the
Authority under this regulation is in force with respect to any
apparatus, shall use that apparatus, or cause or permit it to be
used, in contravention of the notice.

(5) Any person who contravenes the provisions of paragraph
(4) shall be guilty of an offence and shall be liable on summary
conviction-
(a)where the apparatus with respect to which the notice was
given was sealed or a part of it was removed under and in
accordance with paragraph (2), for the first such offence
under this sub-paragraph, to a fine of one thousand dollars
and to imprisonment for three months, and, for any sub-
sequent such offence under this sub-paragraph to a fine
of two thousand dollars and to imprisonment for six
months; and
(b)in any other case, for the first such offence under this sub-
paragraph, to a fine of seven hundred and fifty dollars,
and, for any subsequent such offence under this sub-
paragraph, to a fine of one thousand five hundred dollars:





Provided that no person shall be convicted of an offence under
this paragraph if it is made to appear to the court that at the time
of the use of the apparatus in contravention of the notice an applica-
tion had been made in writing to the Authority for revocation of
the notice and that the Authority had, without reasonable cause
(the burden of proof whereof shall be upon the Authority), failed
or neglected to revoke the notice within a reasonable time after
receipt of the application for revocation.

6. Where a magistrate is satisfied by information on oath-

(a)that there is reasonable ground for believing that, on any
specified premises or in any specified vessel, aircraft or
vehicle, apparatus to which these regulations apply is to
be found which does not comply with the requirement
applicable to it under these regulations; and

(b)that it is necessary to enter those premises, or that vessel,
aircraft or vehicle, and to examine or test any apparatus
to which these regulations apply which may be found
therein or thereon for the purpose of determining whether
any such apparatus does or does not comply with the
requirement applicable to it under these regulations; and

(c)that, within fourteen days before the date of the application
to such magistrate, access to the premises, vessel, aircraft
or vehicle for the purpose aforesaid has been demanded
by, or permission to examine any such apparatus as
aforesaid which has been found therein or thereon has
been requested by, the Authority or any public officer
authorized in writing in that behalf by the Authority and
producing sufficient documentary evidence of his identity
and, in the case of a public officer authorized as aforesaid,
of his authority, but in either case has been unreasonably
refused,

the magistrate may issue his warrant empowering the Authority or
any public officer or officers authorized in writing in that behalf by
the Authority and named in such authorization to enter the premises
or, as the case may be, the vessel, aircraft or vehicle and any premises
on which it may be and to search the premises, vessel, aircraft or
vehicle with a view to discovering whether any apparatus to which
these regulations apply is situate thereon or therein, and, if he
finds or they find any such apparatus thereon or therein, to examine
and test it with a view to determine whether it does or does not
comply with the requirement applicable to it under these regulations.

7. (1) The requirement referred to in regulations 3 and 4 is
that the apparatus shall be so designed, constructed, assembled
and installed, and that such precautions shall be taken in relation
to it (by means of the fitting of suppressors or otherwise), as to
ensure-





(a)that the noise voltage at the electric supply line terminals of
the apparatus when it is used at any frequency within the
defined frequency range does not exceed the given number (if
any) of microvolts for that frequency range:

Provided that this sub-paragraph shall not apply in
respect of any apparatus that is designed for connexion at its
terminals to a distribution system having a declared voltage
between conductors greater than 750 volts or a declared
voltage between any one conductor and earth greater than
375 volts; and

(b)that the field-strength of the electro-magnetic energy radiated
in any direction from the apparatus when it is used at any
frequency within the defined frequency range does not exceed
the given number (if any) of microvolts per metre for that
frequency range at any distance of not less than the given
distance for the same frequency range.

(2)(a) In paragraph (1), 'the defined frequency range' means, in
relation to any apparatus, the frequency range or, where there
is more than one, any of the frequency ranges specified in
either the third or the sixth column of the Schedule for the
class and sub-division, if any, of the class (indicated in the
first column of the Schedule) to which the apparatus belongs
according as to whether the expression is used in respect of
noise voltage at electric supply line terminals or in respect of
field-strength of radiated electro-magnetic energy.

(b)In paragraph (1)(a) 'the given number (if any) of microvolts'
means, in relation to any apparatus belonging to any class or
sub-division of a class indicated in the first column of the
Schedule, the number (if any) of microvolts specified in the
second column of the Schedule for that class or sub-division.

(c) In paragraph (1)(b)-

'the given number (if any) of microvolts per metre', means, in
relation to any apparatus belonging to any class or sub-
division of a class indicated in the first column of the
Schedule, the number (if any) of microvolts per metre
specified in the fourth column of the Schedule for that
class or sub-division; and

'the given distance' means, in relation to any apparatus
belonging to any class or sub-division of a class
indicated in the first column of the Schedule, the distance
specified or referred to in the fifth column of the Schedule
for that class or sub-division.





8. For the purposes of these regulations and the measurement and
computation of noise voltage and field-strength of radiated electro-
magnetic energy

(a)the Authority shall be the sole authority by which
measurements are made; and

(b)the Authority shall determine the measuring apparatus to be
used, the method by which and conditions under which tests
are to be made and the manner to be used in computing noise
voltage and field-strength from readings afforded by the
measuring apparatus; and shall supply to any person applying
therefor, information as to any of the matters referred to in this
paragraph.

9. (1) Any person who uses any apparatus for the purpose of
interfering with the working of any apparatus for telecommunication
shall be guilty of an offence and shall be liable on summary conviction
to a fine of two thousand dollars and to imprisonment for twelve months.

(2) This regulation shall apply whether or not the apparatus is an
apparatus within any class specified in regulation 2, and, if within any
such class, whether or not it complies with the requirement referred to in
regulation 7, and whether or not any notice under regulation 5 has been
given with respect to it or, if given, has been varied or revoked.

10. (1) Subject to the provisions of paragraph (2), the Authority may
from time to time, by order published in the Gazette, amend the
particulars specified in the second, third, fourth, fifth or sixth column of
the Schedule, or insert new particulars therein, in respect of any class of
apparatus specified in regulation 2(1).

(2) No order shall be made under paragraph (1) without the prior
approval of the Governor in Council if the effect of such order would be
to impose, for or in respect of any class of apparatus, a limit of
interference in respect of which no recommendation has been made by,
or a limit of interference which would tolerate less interference than the
tolerable limits indicated by the recommendation of, the International
Special Committee on Radio Interference (Comite international special
des perturbatins radio-electriques) for or in respect of such class.

(3) For the purpose of regulation 3 (but not for the purpose of any
other provision of these regulations unless so provided in the order), an
order made under this regulation shall not come into operation before
the expiry of a period of six months, or such longer period as may be
specified therein, from the date of publication of the order in the
Gazette.





SCHEDULE
L.N. 65/66. Citation. Application of regulations and classification of apparatus. Schedule. Manufacturers, assemblers and importers. Users. Enforcement of regulations as to use. Entry and search of premises, etc. Requirement. Schedule. Measurement and computation of noise voltage and field-strength. Deliberate interference. Amendment of Schedule.

L.N. 65/66. Citation. Application of regulations and classification of apparatus. Schedule. Manufacturers, assemblers and importers. Users. Enforcement of regulations as to use. Entry and search of premises, etc. Requirement. Schedule. Measurement and computation of noise voltage and field-strength. Deliberate interference. Amendment of Schedule.

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