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Core Purpose

Publication of draft Telecommunications (Amateur Station Operator) Rules, 2024 by the Department of Telecommunications under section 47 read with clause (zi) of sub-section (2) of section 56 of the Telecommunications Act, 2023, inviting objections and suggestions within thirty days.

Detailed Summary

The Ministry of Communications, Department of Telecommunications notification G.S.R. 447(E), dated 24th July 2024, publishes draft Telecommunications (Amateur Station Operator) Rules, 2024 under section 47 read with clause (zi) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), inviting objections or suggestions to the Joint Secretary (Telecom), Department of Telecommunications, Sanchar Bhawan, 20 Ashoka Road, New Delhi-110001, within thirty days of publication; the draft rules create two categories of Amateur Station Operator's Certificate (ASOC) – ASOC (General) and ASOC (Restricted) – require applicants to be Indian citizens at least twelve years old who pass a prescribed examination (with Morse Code proficiency required for the General category and a minimum 40% pass mark), and prescribe fees including Rs. 1,000 for a twenty-year ASOC (General), Rs. 2,000 for a lifetime ASOC (Restricted), Rs. 100 examination fee, Rs. 1,000 for foreign national applications and duplicate/relocation requests, Rs. 1,000 late renewal fee, Rs. 2,000 to form an amateur society (minimum four ASOC holders) and Rs. 200 for a special event call sign valid up to ninety days; the rules also empower the Central Government to modify, suspend, or cancel an ASOC, provide for a portal for digital implementation under section 53 of the Act, and set conditions referencing the International Telecommunication Convention (Geneva, 1992) and the Radio Regulations (World Radiocommunication Conference, Geneva 1995).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-25072024-255717 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 408] NEW DELHI, WEDNESDAY, JULY 24, 2024/SHRAVANA 2, 1946 4557 GI/2024 MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 24th July, 2024 G.S.R. 447(E). - The following draft rules, which the Central Government proposes to make in exercise of the powers conferred by section 47 read with clause (zi) to sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), are hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date on which copies of this notification as published in the Official Gazette, are made available to the public; Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi - 110001; The objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the aforesaid period shall be taken into consideration by the Central Government. 1. Short title and commencement (1) These rules may be called the Telecommunications (Amateur Station Operator) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions (1) In these rules, unless the context otherwise requires: (a) "Act" means the Telecommunications Act, 2023 (44 of 2023); (b) "amateur radio equipment” means radio equipment required for operating an amateur station as notified by the Central Government; (c) "amateur services" means radio communication services for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorised person interested in radio technique solely with a personal aim and without any pecuniary interest; (d) "amateur station” means a radio station operated by an amateur for amateur services; (e) "ASOC" or "Amateur Station Operator's Certificate” means either of the two categories of certificates, namely ASOC (General) and ASOC (Restricted), as specified under sub-rule (2) of rule 3, and an "ASOC holder” means the person who has been granted such certificate under sub-rule (1) of rule 6; (f) "International Telecommunication Convention" means the Convention of the International Telecommunication Union signed at Geneva in 1992 or any subsequent revision or modification thereof which the Government of India has ratified or accepted; (g) “portal" means the portal which may be notified by the Central Government under rule 15 of these rules; (h) "Radio Regulations" means the regulations adopted by the World Radiocommunication Conference (Geneva 1995) and includes every revision or modification thereof which the Government of India has ratified or accepted; (i) "rules" means the Telecommunications (Amateur Station Operator) Rules, 2024; and (j) "SACFA" means the Standing Advisory Committee for Frequency Allocation under the Department of Telecommunications, Government of India. (2) The words and expressions used in these rules and not defined herein but defined in the Act, shall have the meaning assigned to them in the Act. 3. Scope (1) No person shall install or operate an amateur station except under and in accordance with the terms and conditions of an ASOC granted under these rules. (2) There shall be two categories of ASOC which may be granted by the Central Government under sub-rule (1) of rule 6, namely: (a) Amateur Station Operator's Certificate (General), or ASOC (General); (b) Amateur Station Operator's Certificate (Restricted), or ASOC (Restricted). 4. Eligibility conditions for obtaining an amateur station operator's certificate (1) An ASOC shall be granted to any person under sub-rule (1) of rule 6, who: (a) is a citizen of India; (b) is not less than twelve years of age; and (c) qualifies the examination under rule 5 for the award of an ASOC. Provided however that the Central Government may, subject to such terms and conditions as it may notify from time to time, permit a person, who is not a citizen of India, to undertake an examination for consideration of the grant of an ASOC or grant him a certificate, if he is otherwise qualified under sub-rule (2). (2) An ASOC may be granted, on a reciprocal basis, to eligible foreign nationals subject to requisite clearance from the Ministry of External Affairs, Government of India based on an application submitted in the form as may be specified for this purpose, along with a fee of one thousand rupees. 5. Amateur station operator's examination (1) Any person satisfying the eligibility criteria set forth under rule 4, as may be applicable, may make an application for appearing for the amateur station operator's examination for obtaining the ASOC, to the Central Government, in the form specified for this purpose, no later than one month before the date of such examination. (2) Any application under sub-rule (1) shall be accompanied by examination fee of one hundred rupees, for either category of ASOC. (3) The Central Government shall publish the syllabus, place, manner, date and time for the examination for obtaining the ASOC in either category, and the date of announcement of the results of such examination. The language of such examination shall be English. The examination for ASOC (General) shall require proficiency in Morse Code. (4) The successful completion of such examination shall require a minimum of forty percent of the total marks in respect of each category of ASOC. 6. Grant and validity of the amateur station operator's certificate (1) The Central Government shall, upon successful completion of the examination under rule 5, issue any of the following categories of certificates along with unique call signs for amateur station operators, subject to payment of fees as specified below: +-------------------------+------------------------------------------------+ | Category of certificate | Fee | +=========================+================================================+ | ASOC (General) | (i) Rs. 1000/- for validity period of 20 years | +-------------------------+------------------------------------------------+ | ASOC (Restricted) | (ii) Rs. 2000/- for life time validity | +-------------------------+------------------------------------------------+ (2) For the purposes of this rule, the expression "lifetime” means till the holder of the ASOC attains the age of eighty years. (3) Payment for the grant of ASOC of either category, shall be made within two years from the date of declaration of results, failing which no certificate shall be issued. 7. General conditions applicable to an amateur station operator (1) An ASOC holder shall operate amateur stations on such frequency bands and emissions, and transmit power as specified by the Central Government in respect of each category of ASOC. The holder of ASOC (General) shall be permitted use of more emission types and higher power than the holder of ASOC (Restricted). (2) Every amateur station shall be installed and operated in accordance with: (a) the provisions of the Act, and any rules made thereunder, in so far as they are applicable. (b) the terms and conditions specified in Annexure A to these rules; and (c) the provisions of the International Telecommunication Convention and Radio Regulations. (3) An ASOC holder shall not require a separate authorisation for the import of amateur radio equipment. (4) The Central Government may modify, vary, cancel or revoke any of the conditions of the ASOC at any time either by specific notice in writing to the ASOC holder, or by means of a general notice published in the Official Gazette, or in a newspaper with wide circulation. (5) The ASOC holder shall at their own expense, give effect to any variations in the conditions of the ASOC as notified by the Central Government. (6) The ASOC holder may apply for issuance of a duplicate of their ASOC or apply to change their location, upon payment of fees of one thousand rupees. (7) The ASOC holder shall provide radio communication services in amateur services frequency band, at the request of the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government, during natural calamities and disasters, without any fee or charge. (8) The ASOC holder may be permitted to install and operate an amateur station on board a ship registered in India, upon placing a specific request in the form as may be specified for this purpose, by the Central Government. 8. Renewal of amateur station operator's certificate (1) An ASOC holder may apply for renewal of his ASOC by making an application in the form specified for this purpose, at least twelve months prior to the date of expiry of such certificate, along with payment of fees as specified in sub-rule (1) of rule 6. Provided however that any application for renewal after the expiry of such time period and up to two years after the date of such expiry, may be made upon payment of late fees of one thousand rupee ; Provided further that no application for renewal shall be considered if received after two years from the date of expiry of the ASOC. (2) Validity of lifetime certificate may be extended for ten years at a time, without any additional fees, upon specific request made by the ASOC holder in the form specified for this purpose. 9. Suspension or cancellation of amateur station operator's certificate (1) The Central Government may suspend or cancel an ASOC if in its opinion, the ASOC holder has: (a) failed to comply with the terms and conditions of the ASOC granted under these rules, rules applicable in respect of operation of radio equipment, or any other provision of the Act; or (b) failed to comply with the applicable provisions of the International Telecommunication Convention or the Radio Regulations, or (c) wilfully furnished incorrect or false information to the Central Government. Provided that no order of suspension or cancellation under this sub-rule shall be made unless the ASOC holder has been given a reasonable opportunity of making a representation against such suspension or cancellation to the Central Government. 10. No refund of fees No compensation or refund of fees shall be applicable as a result of any suspension or cancellation of the ASOC for any reason whatsoever, or for any modification, variation, cancellation or revocation of terms and conditions of the ASOC. 11. Transfer or surrender of amateur station operator's certificate (1) The ASOC shall be non-transferable. (2) The ASOC holder shall be permitted to surrender such ASOC at any point of time, provided however that no refund of fees shall be granted for such surrender. 12. Use of amateur station operator's certificate for activities of an amateur society in schools, colleges or other institutions (1) A group, comprising of a minimum of four ASOC holders, may submit an application in the form specified for this purpose, and payment of fees of two thousand rupees, to form an amateur society in schools, colleges, universities or other institutions, for the purpose of installation and operation of an amateur station and undertaking of amateur services. (2) The application under sub-rule (1) shall specify one of the applicant ASOC holders as the custodian of the proposed amateur society. Any change of custodianship of such amateur society to any other ASOC holder within such society, shall be promptly communicated to the Central Government in such form as may be specified for this purpose. (3) Upon receipt of the application under made sub-rule (1), the Central Government may grant permission for the amateur society, along with a unique call sign, which shall be valid for twenty years, or co-terminus with the validity of the ASOC of the custodian of such amateur society, whichever is earlier. (4) If any of the applicants under sub-rule(1) leaves the amateur society, the same shall be communicated promptly to the Central Government in the form specified for this purpose. (5) The permission granted under this rule shall continue to remain valid so long as at least four of the applicant ASOC holders under sub-rule (1) continue as members of the amateur society. 13. Issue of special call signs for specific events (1) A special call sign for a specific event may be assigned to ASOC holders and to the amateur societies constituted under rule 12, on receipt of an application in such form as may be specified for this purpose, and payment of fees of two hundred rupees. (2) A special call sign assigned under sub-rule (1) shall be valid up to ninety calendar days or until the duration of the event, whichever is earlier. 14. Inspection of records and calling for information It shall be the duty of every ASOC holder to produce for inspection, records as well as amateur radio equipment, and to give any other information in connection therewith as may be required by the Central Government. 15. Digital implementation of these rules The Central Government, in furtherance of section 53 of the Act, may notify a portal for the digital implementation of these rules, including for submission of applications, publication of syllabus, place, manner, date and time of examination, declaration of results of examinations, and grant of ASOC and other permissions as specified under these rules. Annexure A (See rule 7(2)(b)) Terms and conditions for the installation and operation of amateur station 1. Use of the amateur station The amateur station may be used for the purpose of receiving transmissions in the Standard Frequency and Time Signal Service to facilitate operation of the amateur station within the authorised frequency bands. 2. Messages (1) (a) Radio communications may be exchanged with other authorized amateur stations. The amateur stations shall not communicate with amateur stations of countries whose administrations have notified the International Telecommunication Convention of their objection to such radio communications. (b) Transmissions shall be made in plain language and limited to messages of a technical nature. (2) The authorised entity shall not transmit messages containing: (a) reproduction of broadcast programmes, tape recordings or transmissions of entertainment value or music; (b) false or misleading calls, signals, news, advertisements, communications of business, statements on topics of political or industrial controversy, or third party messages; or (c) use of indecent, obscene, offensive language, or signals. (3) In case of failure of normal telecommunication facilities, an ASOC holder is permitted to handle third party messages, pertaining to natural calamities, originating from and addressed to a competent civil authority namely, District Magistrates or Deputy Commissioners or Collectors of the district and any other officer authorised by them. 3. Frequencies, emissions and power The amateur station shall be operated on frequencies that are within the frequency bands authorised to respective categories of certificates and on such classes of emissions and power as notified by Government. 4. Frequency control and measurement (1) The transmitting apparatus shall be tuned as accurately as possible to ensure that no energy is radiant on any frequency outside the limits of the authorised frequency bands. (2) The ASOC holder shall have at the authorised amateur station a reliable frequency measuring equipment to verify, each time the frequency of the transmitter is changed and whenever it is necessary to check that the emissions in the transmitted frequency, are within the authorised frequency bands. The ASOC holder shall take all steps necessary to maintain the accuracy of the frequency measuring equipment. (3) In the case of a fixed amateur station, the SACFA clearance shall be applicable. 5. Non-Interference (1) The amateur station shall be so designed, constructed, erected, maintained and worked so as not to cause interference with any authorised radio communication service. (2) In the event of interference being caused by the station, the ASOC holder shall discontinue, or restrict transmissions, pending adjustment of the equipment, on request from the Central Government or any land station. (3) The ASOC holder shall not use of class B emissions (damped waves). 6. Log diary of the radio service (1) A chronological record of all transmissions emanating from or received at the amateur station shall be kept in bound book (not loose-leaf) showing the following: (a) date and time of each transmission; (b) summary of the communications exchanged; (c) brief description of the experiments and tests undertaken; (d) call sign of station or stations with which messages have been exchanged, times and type of emission employed in each case; (e) time of opening and closing down the amateur station; (f) in case of portable or mobile amateur station, the particulars of temporary location. (2) All times in the log shall be stated in the Indian Standard Time. (3) No gaps shall be left between entries in the log, and they shall be made and installed at the time of receiving and transmitting. (4) ASOC holder shall preserve the log for a period of one year from the date of last entry therein before it is destroyed: Provided that no log shall be destroyed for such further period as the Central Government may direct. 7. Amateur radio equipment (1) The amateur station shall be equipped for reception as well as transmission. (2) The amateur radio equipment and other accessories used or intended to be used by the ASOC holder shall be so arranged as not to endanger the safety of any person and/or interrupt any services. (3) The amateur radio equipment shall be kept in a safe condition and housed in such manner as to preclude access to unauthorised persons. (4) Each ASOC holder shall maintain records of amateur radio equipment used by such holder in the form specified below: +-------+-----------------------------+-------------------+------------+-------------------------------------------------------------+-----------------------+-----------+ | S. No. | Particulars of Apparatus | Name and address of the person from whom received (in case | Date of Receipt | Remarks | | | | | | assembled by Authorised entity write self-made) | or assembly | | +-------+-----------------------------+-------------------+------------+-------------------------------------------------------------+-----------------------+-----------+ | | Make | Model and Type | Serial No. | | | | +-------+-----------------------------+-------------------+------------+-------------------------------------------------------------+-----------------------+-----------+ | | In case of purchase, give | Name and address of the person to whom sold or transferred | Date of sale or transfer | Particulars of the certificate issued in the name of the purchaser | | | | | receipt no. and indicate the| | | | | | | | | certificate no. of the seller | | | | | | | +-------+-----------------------------+-------------------+------------+-------------------------------------------------------------+-----------------------+-----------+ | | | | | | | | +-------+-----------------------------+-------------------+------------+-------------------------------------------------------------+-----------------------+-----------+ 8. Secrecy of correspondence If any message which a ASOC holder is not entitled to receive is, nevertheless received, such ASOC holder shall not make known or allow to be made known its contents, its origin or destination, its existence or the fact of its receipt to any person (other than to an officer duly authorised for this purpose by the Central Government or a court of law) and such ASOC holder shall not reproduce in writing, copy or make any use of such message or allow the same to be reproduced in writing, copied or made use of. 9. General radiocommunication procedure (1)(a) Before transmitting, the station shall take precautions to ensure that its emissions will not interfere with transmissions already in progress. If such interference is likely the transmission shall not commence till there is an appropriate break in the communications is progress. (b) The call sign endorsed in the certificate shall be sent for identification at the beginning and at the end of each period of transmission. When the period of transmission exceeds 10 minutes the call sign shall be repeated. ASOC holder shall not make transmission without identification or with false identification. (c) Prolonged calls and transmissions shall be avoided. (d) When it is necessary to spell out call sign, certain expressions, difficult words, abbreviations, figures etc., the phonetic alphabet and figure code given in the International Telecommunication Convention shall be used. (2) Call and Reply Procedure: a) The call shall consist of the call sign of the station called not more than three times; the word DE (in case of Morse transmission) and the words "This is" (in case of telephony). the call sign of the calling station, not more than three times. b) The reply to call shall consist of - the call sign of the calling station, not more than three times; the word DE (in case of a Morse transmission) and the words "This is" (in case of telephony). The call sign of the station called, not more than three times. c) The call may be sent three times at intervals of two minutes; thereafter it shall not be repeated until an interval of 10 minutes during which the operator shall listen in the frequency band is which the call has been made. d) In case of general call to all stations the signal ‘CQ' (in case of radiotelegraphy) and the words 'Hello all stations' or the signal ‘CQ' (in case of radiotelephony) shall replace the call sign of the station called in the calling procedure. (3) End of Transmission and Work: (a) Transmission of a message shall be terminated by the signal AR (in case of Morse transmission) and the word 'Over' (in case of telephony). (b) The end of work between two stations shall be indicated by each of them by means of signal VA (in case of Morse transmission) and by the word 'OUT' (or VA spoken as Victor Alfa) in case of radiotelephony. (4) Tests: (a) When it is necessary to make test signals either for the adjustment of a transmitter or a receiver or for any experiment, such signals shall not be continued for more than 30 seconds and shall be composed of series of VVV followed by the call sign of the station emitting the test signals. In case of radiotelephony series of VVV shall be replaces by the figures 1,2,3,4... spoken in the figure code. (b) For tests exceeding 30 seconds an artificial aerial shall be used. (c) The ASOC holder shall not emit carrier wave unless such carrier wave is subjected to intelligible modulation. 10. Inspection (1) Any officer authorised by the Central Government in writing, to carry out an inspection, may inspect, examine, or test any apparatus, and making available the certificate, the station log or other records for examination by the inspecting officer. (2) The ASOC holder when called upon to do so by the Central Government shall arrange to forward the certificate, the log book, or any other record or data for examination by the Central Government. 11. The ASOC holder shall indemnify the Central Government against all actions, claims and demands which may be brought or made by any person in respect of any injury arising from any act permitted by the certificate. [F.No.24-03/2024-UBB] DEVENDRA KUMAR RAI, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA

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