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दूरसंचार नियमावली, २०५४ ||नेपाल दूरसंचार प्राधिकरणको (कार्यविधि सम्बन्धी) नियमावली २०५९ || रेडियो संचार (लाइसेन्स) नियमावली २०४९ || राष्ट्रिय प्रसारण नियमावली, २०५२ || उपभोक्ता संरक्षण नियमावली, २०५६ || अन्तर्राष्ट्रिय दूरसंचार संघ रेडियो नियमावली (यो सामाग्री अंग्रजीमा मात्रै उपलब्ध छ।) (पूरा प्रति को लागि यहां क्लिक गर्नुहोस्।) The Radio Communication (License) Regulation, 2049 (1992)
Date of publication in Nepal Gazette 2049.4.12 (July 27, 1992) In exercise of the powers conferred by Section 10 of the Radio Act, 2014 (1957), His Majesty's Government has framed the following Rules. 1. Short Title and Commencement: (1) These Rules may be cited as the “Radio Communication (License) Regulation, 2049 (1992)”. (2) This Regulation shall come into force at once. 2. Definitions: Unless the subject or the context otherwise requires, in this Regulation, - (a) "Act" means the Radio Act, 2014 (1957). (b) "License” means the license or radio machine to be issued pursuant to Rule 4. (c) "Licensing authority” means the authority specified by the Ministry of Communication, His Majesty’s Government. (d) “Satellite receiving system” means any such communication system including disc antenna receiving communication from one or more satellites or space stations, as of which most part is to remain or remains outside the earth atmosphere. (e) “Amateur radio” means any radio machine to be used to exchange communication between the licensees with objective of self-education and research on radio technology, without profit motive. (f) “Cordless telephone” means the radio machine used to extend the set of a public telephone within a limited distance of a house or compound. (g) “Satellite communication system” means a communication system situated in majority portion of the earth surface or atmosphere, by which radio communication can be exchanged by using one or more satellites. (h) “Station” means the place where the radio machine and equipment related thereto are installed. 3. To obtain license: (1) A person has to obtain the license to hold, use, manufacture, sell or distribute all kinds of radio machines, other than the radio machine for which license is not required under Rule 18, or to become an amateur radio control operator or amateur radio director. (2) A person who intends to obtain the license pursuant to sub-rule (1) has to submit an application as follows to the licensing authority: - (a) For the satellite receiving system or satellite communication system (earth station) and the cordless telephone, in the format as referred to in Schedule-1 (a) and in Schedule-1 (b), respectively, (b) For holding and using all kinds of radio machines other than those mentioned in clause (a), in the format as referred to in Schedule-1 (c), (c) For becoming the amateur radio control operator or amateur radio director, in the format as referred to in Schedule-1 (d), (d) For manufacturing the radio machine, in the format as referred to in Schedule-2, and (e) For selling and distributing the radio machine, in the format as referred to in Schedule-3. 4. Issuance of license: (1) Upon making necessary inquiry into the application received under Rule 3, the licensing authority has to issue the license to the applicant as follows, by collecting the fees as referred to in Rule 9. (a) For the satellite receiving system or satellite communication system (earth station) and the cordless telephone, in the format as referred to in Schedule-4 (a) and in Schedule-4 (b), respectively, (b) For holding and using all kinds of radio machines other than those mentioned in clause (a), in the format as referred to in Schedule-4 (c), (c) For becoming the amateur radio control operator or amateur radio director, in the format as referred to in Schedule-1 (d), (d) For manufacturing the radio machine, in the format as referred to in Schedule-5, and (e) For selling and distributing the radio machine, in the format as referred to in Schedule-6. (2) In issuing the license pursuant to sub-rule (1), no license shall be issued to the applicant in a manner to cause adverse effects on the public communication service. (3) In issuing the license pursuant to sub-rule (1), the terms to be observed by the licensee may also be prescribed. 5. Satellite receiving system: The licensing authority may so issue the license of satellite receiving system that it may be used collectively or individually. 6. Amateur radio: (1) The licensing authority may issue the license of radio control operator or amateur radio director to the following qualified person: - (a) One who is a Nepalese citizen having completed the age of 16 years, (b) One who can well speak and write both the Nepalese and English languages, (c) One who has passed written and oral examinations given, as per the approved curriculum, by the Ministry of Communication, His Majesty’s Government. (2) If the Ministry of Communication, His Majesty’s Government thinks it proper, it may also issue the license of radio control operator or amateur radio director to a foreign citizen for a short period. (3) In issuing the license pursuant to sub-rule (1) or (2), the level, class of the license and the use and operating standards of radio frequency shall be as prescribed by the Ministry of Communication, His Majesty’s Government. 7. Cordless telephone: The licensing authority may, if it thinks it proper, so issue the license of cordless telephone that the licensee is allowed to hold and use any cordless telephones other than the cordless telephones mentioned in clause (b) of Rule 18. 8. Satellite communication system: The licensing authority may so issue the license of satellite communication system to any person or team involved in an expedition research and similar kind of risky special act that the satellite communication system can be held and used only for the prescribed purpose for a certain period of time. 9. Licensee fee: The fees for the license to be issued to hold and use, manufacture, sell or distribute the radio machine or to become an amateur radio control operator or amateur radio director shall be as mentioned in Schedule-7. 10. Period and renewal of license: (1) The period of license shall remain valid until one fiscal year. (2) A person who intends to get the license renewed has to submit an application to the licensing authority for renewal, in the format as referred to in Schedule-8, prior to expiration of the validity period of license. (3) Upon an application submitted for renewal of license pursuant to sub-rule (2), the licensing authority may renew such license by collecting half the fees chargeable under Rule 9. (4) If any person comes to get the license renewed after expiration of the time-limit as referred to in sub-rule (2), the licensing authority may renew such license, by also collecting a fine of ten percent for up to the first one month, twenty percent for up to the second one month, thirty percent for up to the third one month, forty percent for up to the fourth one month, fifty percent for up to the fifth one month and cent percent for up to the sixth one month. A license not got renewed even within six months shall ipso facto be canceled. (5) Notwithstanding anything contained in sub-rules (2) and (3), the license to be issued for a short period shall remain valid only for the period mentioned in that license. 11. License fee, renewal fee not to be charged: The license fees and the renewal fees chargeable pursuant to Rules 9 and 10 shall not be charged on the radio machines used by the following organizations, corporations, bodies, missions or offices: - (a) Ministries, Departments, offices, projects etc. of His Majesty’s Government. (b) Such other organizations, associations, bodies, missions, persons, etc. as specified by His Majesty’s Government, Ministry of Communication by a notification in the Nepal Gazette to enjoy exemption of the license fees and the renewal fees under this Regulation.[1] 12. Alteration in details: (1) If any details mentioned in the license obtained under this Regulation have to be altered, the licensee has to submit an application to the licensing authority in the format as referred to in schedule-9. (2) A fee of one hundred rupees shall be charged for the alteration of any details of license pursuant to sub-rule (1). 13. Transmission: (1) If the licensed radio machine is sold or title to it is otherwise transferred, both the transferor and the transferee have to submit an application to the licensing authority, in the format as referred to in Schedule-10, no later than thirty five days of the execution of such transfer, for the transmission of that radio machine. (2) If, upon receipt of the application for transmission pursuant to sub-rule (1), the person obtaining title through transmission appears to be eligible to have such license, the licensing authority has to execute transmission accordingly and also update the details of that license maintained at its office. 14. Power of inspection: (1) The authority specified by the licensing authority may inspect and examine as to whether the details of the license or the terms to be observed by the licensee have been observed or not. (2) If any fault or defect is found in making inspection pursuant to sub-rule (1), a reasonable opportunity shall be given once for rectification of such fault or defect. (3) If such fault or defect is not found rectified despite provision of the opportunity under sub-rule (1), the licensing authority may, on recommendation of the inspecting authority, cancel such license. 15. Power to monitor: The licensing authority may make, or cause to be made, provision of monitoring in order to find out as to whether the radio frequencies have been properly used in accordance with this Rule or the terms prescribed in the license or to find out any kind of unauthorized use, if any committed, and take, or cause to be taken, action. 16. Maintenance of details: (1) Any person licensed to sell and distribute the radio machines pursuant to this Regulation has to maintain a register clearly setting out the details including the date of such sale and distribution, types of radio machines, name and permanent address of the purchaser. (2) The details as referred to in sub-rule (1) have to be forwarded to the licensing authority in every six months. 17. Issuance of duplicate copy of license: If the license issued under this Regulation is lost or destroyed due to natural calamity or torn out because of being old or has to be changed because of the space for renewal being run out, the licensing authority may issue a duplicate copy of such license by collecting a fee of one hundred rupees. 18. License not required: No license shall be required to hold and use the following radio machines. (a) Audio or audio visual machines to listen to or watch radio or television broadcasts, (b) Radio control toys, cordless microphones and cordless telephones with capacity of less than 30-meter-distance, of which standards have been fixed and determined by the Ministry of Communication, His Majesty’s Government. (c) Such other radio machines as prescribed by the Ministry of Communication, His Majesty’s Government, upon a notification in the Nepal Gazette.[2] 19. Crossing off of records: (1) If the radio machine is disordered and useless or lost or the seller or manufacturer of radio machine leaves selling or manufacturing such radio machine, a notice of that matter has to be given to the licensing authority no later than thirty five days of such act. (2) If, upon receipt of the notice as referred to in sub-section (1), the licensing authority has also to make inquiry, if it thinks necessary, and cross of the records of the license of such radio machine. 20. Re-registration: After the records have been crossed off pursuant to Rule 19 due to the loss or disorder of the radio machine, if such disordered radio machine is repaired to be capable of being used again or such lost radio machine is found, the person holding such radio machine has to submit an application pursuant to rule 3 no later than thirty-five days from the date on which it became so useful or was found and obtain the license again. 21. Licensee to be liable: If any person licensed under this regulation, while using the radio machine, causes any adverse effect on the right and interest of any other person, the concerned licensee shall be liable therfor. 22. Powers to form committee: The Ministry of Communication, His Majesty’s Government may, if it thinks necessary, form a committee to render advice and suggestion on the functions to be performed by the Ministry of Communication, His Majesty’s Government pursuant to this Regulation. The functions, duties and procedures of the committee shall be prescribed at the time of its formation. 23. Requirement of license under this Regulation: (1) If any person has held the radio machine without obtaining license prior to the commencement of this Regulation, such person has to obtain license pursuant to Rule 3, no later than thirty-five days from the date of commencement of this Regulation. (2) The license obtained prior to prior to the commencement of this Regulation shall be deemed to have been obtained under this Regulation after the commencement of this Regulation. 24. Alteration in Schedule: The Ministry of Communication, His Majesty’s Government may, if it thinks necessary to make alteration or addition or deletion in the Schedules of this Regulation, make such alteration or addition or deletion, by a notification published in the Nepal Gazette. 25. Delegation of power: The Ministry of Communication, His Majesty’s Government may so delegate the powers conferred to it under this Regulation as to be exercisable by any other body or authority. 26. Repeal: The Radio (License) Regulation, 2026 (1969) is hereby repealed.
(Relating to Rule 3) Application for license of satellite receiving system/satellite communication system earth station)
To,------- I hereby make a request, setting out the following details, and accompanied also by duplicate copies of the pro forma invoice and technical specification, for the license of satellite receiving system/satellite communication system to hold and use the satellite receiving system/satellite communication system (earth station). 1. Objectives and reasons for using:- 2. Details of the system intended to be used:- (a) Name of manufacturer:- (b) Model No.:- (c) Serial No.:- (d) Size and other details:- (e) Details relating to antenna:- 3. Place of use:- 4. R.F. frequency range/ frequency to be used:- 5. What kind of communication is to be exchanged by means of which satellite:- 6. If being used, since when it has been used:- 7. Use:- (a) Personal:- (b) Collective:- 8. If it is to be used collectively, names of users and other details (attachment of names herewith will suffice):- 9. If a house is to be rented to hold or use the radio machine, whether consent of the house-owner is available or not:- (Letter of consent of the house-owner has to be attached herewith) 10. Name of country from which it is imported:- 11. Name of customs office through which it is imported:- Applicant’s- Signature:- Name:- Address:- Date:- (Relating to Rule 3) Application for cordless telephone license To,------- I hereby make a request, setting out the following details, and accompanied also by duplicate copies of the pro forma invoice and technical specification, for the license of cordless telephone in order to hold and use the cordless telephone. 1. Details of the cordless telephone:- a. Manufacturer of machine:- b. Model No.:- c. Serial No. etc.:- 2. Frequency to be used:- 3. System to be used:- 4. Transmitter power:- 5. Area of its use:- 6. Public telecommunication telephone obtained by the applicant:- 7. Other specific details:- Applicant’s- Signature:- Name:- Address:- Date:- (Relating to Rule 3) Application for radio machine other than satellite receiving system or satellite communication system (earth station), cordless telephone and amateur radio control operator or amateur radio director To,------- I hereby make a request, setting out the following details, and accompanied also by duplicate copies of the pro forma invoice and technical specification, for the license of radio machine in order to hold and use the following radio machine. 1. Objectives and reasons for using the radio machine:- 2. Place of use:- 3. Frequency to be used:- 4. Estimated date for use:- 5. Details of the radio machine:- (a) Manufacturer:- (b) Model No.:- (c) Serial No. etc:- 6. Type of station:- 7. Type of system to be used:- 8. Time of use:- 9. Other details:- (a) (b) (c) Applicant’s- Signature:- Name:- Address:- Date:-
(Relating to Rule 3) Application for license of amateur radio control operator/ amateur radio director To,------- I hereby make a request, setting out the following details, and accompanied also by duplicate copies of the pro forma invoice and technical specification, for license of amateur radio control operator/ amateur radio director in order to become the amateur radio control operator/ amateur radio director. 1. Objectives for being amateur radio control operator/ amateur radio director:- 2. Place where the amateur radio is held, used/operated:- 3. Details of the amateur radio:- (a) Permanent/temporary:- (b) Knowledge about the amateur radio: Theoretical/practical:- (c) Knowledge about electronics and radio communication:- (d) Frequency to be used:- (e) System to be used:- (f) Transmitter power:- 4. Other details;- (a) (b) (c) Applicant’s- Signature:- Name:- Address:- Date:- (Relating to Rule 3) Application for manufacturing of radio machine To,------- I hereby make a request, setting out the following details, and accompanied also by the design and technical specification of the radio machine concerned, for license of manufacturing the following radio machines, in order to manufacture the radio machines. 1. Details of the radio machine to be manufactured:- a. Name:- b. Type:- c. Model:- d. Power (Watts):- e. Frequency range:- 2. Estimated number of annual production:- 3. Details of facilities required for manufacturing:- 4. Type of industry:- 5. Date of commencement of production:- 6. Place of manufacture: 7. Other details:- (a) (b) (c) Applicant’s- Signature:- Name:- Address:- Date:- (Relating to Rule 3) Application for sale and distribution of radio machine To,------- I hereby make a request, setting out the following details, for the license of selling and distributing the following radio machines, in order to sell and distribute the radio machines. 1. Details of the radio machine to be sold and distributed:- a. Name:- b. Type:- c. Power (Watts):- d. Frequency range:- 2. Estimated number of annual sale and distribution:- 3. Date of commencement of sale and distribution:- 4. Place of sale and distribution:- 5. Other details:- (a) (b) (c) Applicant’s- Signature:- Name:- Address:- Date:-
(Relating to Rule 4) License of satellite receiving system/satellite communication system (earth station)
To,------- This license is hereby issued to the following person, firm, company or organization to hold and use the satellite receiving system/satellite communication system (earth station) with the following details, subject to observance of the following terms. 1. Name of person, firm, company or organization:- 2. Address:- 3. License number.:- 4. Place of installment:- 5. Details of earth station satellite system:- (a) Name of manufacturer:- (b) Model No.:- (c) Size and other details:- (d) Details of antenna:- 6. Input frequency range/ frequency to be used:- 7. What kind of communication is to be exchanged by means of which satellite:- 8. Use:- (a) Personal:- (b) Collective:- 9. If it is to be used collectively, number of lines to be installed and names of persons:- 10. Terms to be observed by the licensee:- (a) It has to be so distributed only within a private house compound that it does not affect public road, light, public communication. (b) No other kind of broadcasting materials, except the received broadcasting materials broadcast for the mass public, shall be distributed or broadcast. (c) No benefit shall be taken nor shall it be used commercially by deriving profit or fee etc. Seal of office Licensing authority’s- Signature:- Name:- Designation:- Date:-
Description of Renewal
(Relating to Rule 4) License of Cordless telephone To,------- ------ This license is hereby issued to the following person, firm, company or organization to hold and use the cordless telephone, subject to observance of the following terms. 1. Name of person, firm, company or organization:- 2. Address:- 3. License number.:- 4. Details of cordless telephone:- a. Public telephone number:- b. Manufacturer:- c. Model No.:- d. Serial number:- e. F.R. power output/antenna size:- 5. Area of use:- 6. Terms to be observed by the licensee:- a. The cordless shall not be used in areas other than the specified area. b. It shall not be used by reconciling with other public telephone number than that specified. Seal of office Licensing authority’s- Signature:- Name:- Designation:- Date:- Description of Renewal
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