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Question 9 on this section

2i Apparatus, Inspection Closedown and renewal

Equipment

7(1) The Licensee shall ensure that:

  • (a) the emitted frequency of the apparatus comprised in the Radio Equipment is as stable and as free from Unwanted Emissions as the state of technical development for amateur radio apparatus reasonably permits; and

    As development continues in Amateur Radio equipment then your station must be as stable as the state of technical development for amateur radio apparatus reasonably permits. If it is not stable then the section below comes into play.

  • (b) whatever class of emission is in use, the bandwidth occupied by the emission is such that not more than 1% of the mean power of the transmission falls outside the nominal modulated carrier bandwidth. The bandwidths of emissions should be such as to ensure the most efficient utilisation of the spectrum. In general this requires that bandwidths be kept at the lowest values which technology and the nature of the service permit. Where bandwidth-expansion techniques are used, the minimum spectral power density consistent with efficient spectrum utilisation should be employed.

7(3) Notwithstanding any other terms of this Licence, the Licensee shall ensure that the Radio Equipment is designed, constructed, maintained and used so that its use does not cause any Undue Interference to any wireless telegraphy.

7(4) If any Undue Interference to wireless telegraphy is caused by the radiation of Unwanted Emissions from the Radio Equipment, then the Licensee shall suppress the Unwanted Emissions to the degree satisfactory to Ofcom.

7(5)  The Licensee shall conduct tests from time to time to ensure that the requirements set out in this Clause 7 are met.

7(6) In order to reduce the likelihood of causing Undue Interference, the Licensee shall ensure that the Radio Equipment is capable of receiving Messages on the same frequencies and with the same classes of emission in use for the transmission of Messages by the Radio Equipment.

So no matter what you transmit you must be capable of receiving a transmission on the frequency. You cannot thus work cross band if you cannot receive a signal on the frequency you are transmitting upon just because the other station will not be sending a signal on the same band frequency etc.

Inspection

8(1) The Licensee shall permit any person authorised by Ofcom:

  • (a) to inspect the Licence; and

  • (b) to have access to the Radio Equipment for the purposes of inspection, examination and testing, at any and all reasonable times or, when in the opinion of that person an urgent situation exists, at any time to ensure that the Radio Equipment is being used in accordance with the terms of this Licence.

The section 5(1) is examinable under Inspection and also Closedown shown below, so appear in two places and is not an error

5(1) A person authorised by Ofcom may require the Radio Equipment, or any part thereof, to be modified or restricted in use, or temporarily or permanently closed down with immediate effect if, in the opinion of the person authorised by Ofcom:

  • (a) a breach of this Licence has occurred; and/or

  • (b) the use of the Radio Equipment is causing or contributing to Undue Interference to the authorised use of other radio equipment.

Closedown

5(1) A person authorised by Ofcom may require the Radio Equipment, or any part thereof, to be modified or restricted in use, or temporarily or permanently closed down with immediate effect if, in the opinion of the person authorised by Ofcom:

  • (a) a breach of this Licence has occurred; and/or

  • (b) the use of the Radio Equipment is causing or contributing to Undue Interference to the authorised use of other radio equipment.

5(2) Ofcom may require the Radio Equipment to be modified or restricted in use, or temporarily closed down either immediately or on the expiry of such period as may be specified in the event of a national or local state of emergency being declared. Ofcom may only exercise this power after a written notice is served on the Licensee or a general notice is published. Any general notices will be posted on the Ofcom website

Renewal and revocation.

4(1)  Subject to Clause 4(5), this Licence shall continue in force until revoked by Ofcom in accordance with Clause 4(2) or surrendered by the Licensee.

4(2) Pursuant to section 4 of the 1998 Act Ofcom may not revoke this Licence under section 1(4) of the 1949 Act except:

  • (a) at the request of, or with the consent of, the Licensee;

  • (b) if there has been a breach of any of the terms, conditions or limitations of the Licence;

  • (c) in accordance with section 4(5) of the 1998 Act;

  • (d) if it appears to Ofcom to be necessary or expedient to revoke the Licence for the purposes of complying with a direction by the Secretary of State given to Ofcom under section 5 or section 156 of the Communications Act 2003;

  • (e) for reasons related to the management of the radio spectrum, provided that in such cases the power to revoke may only be exercised after first giving reasonable notice to Licensees; or

  • (f) where this Licence is a Paper Licence, for failure by the Licensee to pay the Licence Fee on or before the date of issue of this Licence.

4(3) Where Ofcom exercises its power to revoke or vary the Licence in accordance with section 1(4) of the 1949 Act, the Licensee shall be notified in writing, or by email, or by a general notice. Any general notices will be posted on the Ofcom website.

4(4) Ofcom reserves the right to publish the Callsign of the Licensee if the Licence is revoked.

4(5) Ofcom may automatically revoke this Licence five years after the later of:

  • (a) the date on which the Licensee last notifies Ofcom that the Licensee wishes to amend any of the details set out in Section 1 of the Licence; or

  • (b) the date on which the Licensee last confirms to Ofcom that the details set out in Section 1 of the Licence are still valid.

6(2) The Licensee must give immediate notice to Ofcom either in writing or by means of Ofcom's on-line licensing system of any change to the Licensee's name, Main Station Address (or mailing address if different) from that recorded in this Licence.

6(3) By no later than five years after the date of issue of this Licence, unless during that five year period the Licensee has given notice to Ofcom of any change to any of the Licensee's details as set out in Section 1 of the Licence in accordance with Clause 6(2), the Licensee must confirm to Ofcom that the details set out in Section 1 of this Licence remain current and accurate. The Licensee must make a further confirmation to Ofcom once every five years from the later of:

  • (a) the date on which the Licensee last confirms to Ofcom that the details set out in Section 1 of this Licence remain current and accurate; and

  • (b) the date on which the Licensee last gives notice to Ofcom of any change to the Licensee's details in accordance with Clause 6(2), unless during that five year period the Licensee has already given notice to Ofcom of a change to any of the Licensee's details set out in Section 1 in accordance with Clause 6(2), in which case the subsequent five year period will be calculated from the date on which the Licensee gave that notice. Failure to do so may lead to the revocation of this Licence in accordance with Clause 4(5).

Note (j) In order to avoid the Licence being revoked, by no later than five years after the date of issue of this Licence, the Licensee must either notify Ofcom of a change of the Licensee's details in Section 1 of the Licence or confirm to Ofcom that the details set out in Section 1 of the Licence are still valid. Unless the Licensee makes a further notification or confirmation to Ofcom once every five years from the last date of notification or confirmation, then the Licence will be revoked.


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