|
a. |
In the draft Annexure B, there were conditions for the use and possession of all radio apparatus exempt to Radio Frequency Spectrum Licenses as per below: |
| (a) |
All radio apparatus must be type-approved by the Authority in accordance with section 35 of the Act; |
| (b) |
The frequencies, transmitting power, and external high-gain antenna of the radio apparatus must not be altered without a new type approval certificate being issued by the Authority; |
| (c) |
The Radio Apparatus must be operated within, and not exceed, the technical parameters set out in each of the applicable columns C and D of the Table with respect to the frequency band; maximum radiated power or field strength limits and channel spacing; relevant standard; and duty cycles and antennas to be used as contained in Column E; |
| (d) |
The antenna of the Radio Apparatus must not be higher or above average ground level than the lowest point of the place where the Radio Apparatus operates effectively; |
| (e) |
The Radio Apparatus must not cause interference with any licensed radio frequency spectrum |
| (f) |
The user of the Radio Apparatus in the licence-exempt frequency spectrum operates on non-interference and zero protection basis from interference. |
SARAO recommends the Authority to add a text that says apparatus operating in the KCAAA must also comply with the KCAAA Regulations.
Furthermore, SARAO recommends the Authority to add a text that says the Radio Apparatus must not cause interference with any licensed radio frequency spectrum or frequency bands allocated to radio astronomy and other passive services.
| c. |
The Authority’s Response |
The Authority notes the submission to add text in the regulation, however the Authority cannot enforce regulations outside its jurisdiction.
Supreme Court Act, 1959
