PART II | GENERAL LICENSING CONDITIONS |
| 3. The licensing authority in respect of every licence granted under these Regulations shall be the Authority acting with the consent of, or under the terms of a general authority given by, the Minister. |
| Licence required before establishment of station or network |
4.—(1) Except as provided in the First Schedule, no person shall possess, establish, install or use any station in any place or on board any local vessel or aircraft or in any vehicle in Singapore unless he has a valid licence granted under these Regulations.| (2) Notwithstanding the grant of any licence under these Regulations in respect of any station, no person shall establish or operate any network in Singapore unless he has a valid network licence granted under these Regulations. |
| (3) Every application for a licence shall be made in such form and manner which the Authority may, from time to time, determine for each class of licence and shall be supported by such information as the Authority may require. |
| (4) The Authority may require any application for any licence to be submitted, instead of to the Authority, to any operator of a telecommunication system or service authorised by the Authority to receive and process applications for licences on the Authority’s behalf. |
| (5) A licensee shall notify the Authority of any change in his personal particulars specified in a licence within 14 days of such change. |
| (6) A licence granted under these Regulations shall be valid for such period as the Authority may determine unless revoked or suspended in accordance with the provisions of the Act or these Regulations, and shall be subject to such conditions, restrictions and limitations as the Authority may, from time to time, determine. |
| (7) The Authority may at any time vary all or any of the conditions upon which a licence is granted or impose additional conditions and a licensee shall, at his own expense, comply with the varied or additional conditions. |
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| No assignment, transfer, etc., of benefits of licence |
5.—(1) Except with the consent in writing of the Authority, a licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of any licence granted under these Regulations, or permit another person to participate in any of the benefits, powers or authority granted under such licence.| (2) Except with the consent in writing of the Authority, every licensed station and network shall be under the control of the licensee. |
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| 6. The licensee shall ensure that his employees comply with the provisions of the Act, these Regulations and the conditions of the licence. |
| Equipment in stations or networks |
7.—(1) The Authority may, in respect of any individual or class of station or network licence, specify the type of equipment that the licensee is authorised to use and, if applicable, the type of equipment to be comprised in the individual or class of station or network.| (2) A licensed station or network shall not be changed or modified in respect of any of the particulars mentioned in the licence, including the equipment comprised therein, the operating frequencies and the location at which the station or network is installed, except with the prior approval of the Authority. |
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7A.—(1) A licensee of a network shall keep an up-to-date record of the radio-communication equipment comprised in the network.(2) The record shall —| (a) | contain such information; | | (b) | be kept in such form; and | | (c) | be submitted to the Authority at such intervals, |
| as the Authority may, from time to time, require. |
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| (3) The licensee shall, at all reasonable times, permit an authorised officer to inspect and make copies of any entry in the record. [S 615/1998 wef 01/01/1999] |
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| Restriction on grant of licence |
8. A licence shall only be granted by the Authority, in its discretion, to —| (a) | a person who is a citizen of Singapore; | | (b) | a company incorporated under the Companies Act [Cap. 50]; | | (c) | a business registered under the Business Registration Act [Cap. 32]; or | | (d) | such other person as the Authority may, in its discretion, think fit. |
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9.—(1) If the Authority is satisfied that any licence issued by it has been lost, destroyed or defaced, the Authority may, upon payment of a fee of $5, issue a replacement licence.| (2) No replacement licence shall be issued in place of a defaced licence unless the defaced licence is surrendered to the Authority for cancellation. |
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| 10.—(1) Amendments to a licence for the transfer of location of a station other than a portable or mobile station from one site to another or any change in the radio-communication equipment comprised in the station may only be made if the station has been satisfactorily inspected by an authorised officer and the Authority has approved the transfer or change. [S 615/1998 wef 01/01/1999] | (2) Where an authorised officer inspects a station or network under paragraph (1), the Authority may impose a fee of $70 for the inspection. |
(3) Any amendment to a licence for a change in the base or repeater station in the network may only be made if —| (a) | the licensee has notified the Authority of the change; | | (b) | the base or repeater station has been inspected to the satisfaction of an authorised officer; and | | (c) | the Authority approves the change. [S 615/1998 wef 01/01/1999] |
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| 11. Every application for the renewal of a licence under these Regulations shall be in such form and manner as the Authority may require. |
| Suspension and revocation of licence |
12.—(1) The Authority may suspend or revoke a licence granted under these Regulations by notice in writing addressed to the licensee on the grounds that the licensee had in his application for the licence furnished false, misleading or inaccurate information or that there has been misuse of equipment or failure to comply with any of the provisions of the Act, these Regulations or with any condition of the licence.| (2) Where a licence is suspended or revoked by the Authority, the licensee shall surrender the licence to the Authority if requested by the Authority within such time as the Authority may specify. |
| (3) Where a licence is suspended or revoked by the Authority or where a licence is terminated by a licensee, no compensation shall be paid by the Authority to the licensee and no fee or part thereof shall, unless provided for in the licence, be refunded by the Authority to the licensee in respect of the unexpired period of such licence. |
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13.—(1) When a licensee ceases to operate a station or network or when a licence ceases to be valid, the licensee shall return the licence to the Authority for cancellation and the Authority may require the licensee to seal, disable or dismantle the radio-communication equipment comprised in the station or network in the presence of any authorised officer.| (2) Unless authorised by the Authority, the licensee may only dispose of or offer the station, network or any radio-communication equipment comprised therein for sale if it has first been sealed, disabled or dismantled. |
| (3) Where any radio-communication equipment has been sealed, disabled or dismantled pursuant to paragraph (1), no person shall, unless authorised by the Authority, break or tamper with the seal or reassemble the equipment, as the case may be. |
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| Licencee not exempted from other laws |
| 14. The grant of any licence under these Regulations shall not exempt the licensee from obtaining any other permits, licences or other authorisations required by law for or in connection with the installation, operation or use of any station or network. |
| Power of Authority to change or withdraw frequency |
| 15. The Authority may, in its discretion and without paying compensation and upon giving such notice as it may consider appropriate, change or withdraw any frequency allocated to the licensee in a licence without assigning any reason therefor. |
16.—(1) Except as may be provided by section 78(2) of the Act, no person shall intercept or acquaint himself with the contents of any radio-communication other than those transmitted for general information or for the information of licensees belonging to the same licensed network.| (2) Except as otherwise provided in these Regulations or by the terms and conditions of a station or network licence granted for the reception of radio-communications only, every person having access to radio-communications shall hold strictly secret all radio-communications, other than those transmitted for general information, which may pass through his hands or come to his knowledge. |
| (3) Such person shall not, directly or indirectly, disclose the contents thereof except to a person entitled to become acquainted with the radio-communications or to an authorised officer or to a court and shall not make other use of such radio-communications. |
| (4) No person having unauthorised access to radio-communications shall print or publish or cause to be printed or published in any newspaper, pamphlet, book or document, any radio-communication that may pass through his hands or come to his knowledge whether such radio-communication be for private or general reception. |
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| Station and network to be used for lawful purposes |
| 17. No person shall operate or use any station or network for or in furtherance of any unlawful purpose. |
18.—(1) Before a licence is granted, the applicant shall satisfy the Authority that the station or network in respect of which the licence is to be granted conforms to such technical requirements as may be imposed by the Authority.| (2) All equipment comprised in a station or network shall be approved by the Authority before use. |
| (3) Every station or network in respect of which an application for a licence has been made or for which a licence has been granted may at any time be inspected and tested by an authorised officer. |
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| Restrictions on transmission |
19.—(1) The transmission of superfluous signals by a station or network is prohibited.| (2) No test, trial or practical transmission shall be permitted except in such circumstances as to preclude the possibility of interference with any other station or network. |
| (3) All tests, unless prior approval from the Authority has been obtained, shall be conducted on dummy load. |
(4) No person shall transmit —| (a) | any message containing indecent, obscene or offensive language; | | (b) | any message for an improper or illegal purpose; | | (c) | any message which interferes with the operation of any authorised station or network; or | | (d) | any message which, to his knowledge is false or misleading and likely to prejudice the efficiency of any life-service or endanger the safety of any person or of a place or premises, vessel, aircraft or vehicle. |
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(5) A licensee shall ensure that a station or network is worked in a manner which is safe and which does not impair or interfere with —| (a) | any Armed Forces Communication; or | | (b) | the efficient and convenient working or maintenance of any other station or network, or telecommunication system or service in Singapore authorised by the Authority under the Act or these Regulations. |
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| (6) A licensee shall cease operating his station or network and shall take any other immediate action which the Authority stipulates as soon as it observes, or when it has been informed by the Authority or any other competent authority, that the working of his station or network causes interference to radio-communication. |
| (7) The licensee shall, where so directed by the Authority in writing, cease to operate any or all of the equipment comprised in his station for such period or periods of time as may be required by the Authority for the purposes of investigation of interference to radio-communications. |
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| International Telecommunication Convention |
| 20. The provisions of the International Telecommunication Convention and the regulations for the time being in force thereunder shall, so far as they are applicable, apply to any station or network established or operated in Singapore and to any message transmitted or received by such station or network, provided that the Authority may, in its discretion, waive the application of any of the provisions or regulations to any station, network or message. |
| Inspection of radio-communication equipment |
21.—(1) For the purpose of ensuring that the Act, these Regulations and any condition of a licence granted hereunder are complied with, an authorised officer shall be entitled, upon production of proof of identity, to enter any building, premises, compound or other place, vehicle, vessel or aircraft where a station or network is installed, or is being installed and may inspect, examine or test any equipment comprised therein.| (2) The owner or occupier of such building, premises, compound or other place, vehicle, vessel or aircraft shall allow the authorised officer to enter and inspect such station, network or equipment. |
| (3) Where the owner or user of a station or network requests the Authority to inspect, for the second or subsequent time, any station or network licensed or to be licensed under these Regulations to verify that the station or network or any equipment comprised therein is designed, constructed, installed, established, maintained or operated in accordance with any of the provisions of the Act, these Regulations or any condition of the licence, the Authority may impose a fee of $70 for the inspection. |
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22.—(1) A police officer not below the rank of sergeant or an authorised officer shall be entitled, upon production of proof of identity, to examine the licence of a station or network or if it is not immediately available, require its production at the office of the Authority or a named police station within a reasonable period.| (2) A police officer not below the rank of sergeant or an authorised officer may search and seize any radio-communication equipment which is found by him in any place, vehicle, vessel or aircraft without a licence. |
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23.—(1) The fee payable for a station licence is set out in Part I of the Second Schedule.| (2) The application and processing fees for use of a frequency in the course of operating or using a station or network under these Regulations are set out in Part II of the Second Schedule. |
| (3) The annual fee payable for use of a frequency in the course of operating or using a station or network under these Regulations is set out in Part III of the Second Schedule. |
| (4) The Authority may, in the interest of spectrum economy and after considering the re-usability of a frequency, the area of coverage involved and the period of use of an assigned frequency, reduce the application and processing fees payable under paragraph (2) or the annual fee payable under paragraph (3) or both. [S 227/1999 wef 21/05/1999] |
| (5) For any multi-channel radio-communication equipment used for transmitting or receiving, the frequency charge payable shall be in accordance with the bandwidth of frequencies assigned as set out in Part III of the Second Schedule. [S 615/1998 wef 01/01/1999] |
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| 24. The fee payable for a network licence is set out in Part I of the Second Schedule. [S 615/1998 wef 01/01/1999] |
25. All fees shall be paid in advance and if any fee remains unpaid 7 days after the date on which a licence should have been renewed, the following late payment fee shall be charged:| (a) | where the licence is renewed after 7 days but less than 15 days following the expiration of the previous licence, a sum of $10; | | (b) | where the licence is renewed after 14 days but less than 31 days following the expiration of the previous licence, a sum of $20; and | | (c) | where the licence is renewed after 30 days following the expiration of the previous licence, a sum of $50. |
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