Telecommunications (Radio-communication) Regulations

Telecommunications Act

(Chapter 323, Section 74)

Telecommunications (Radio-communication) Regulations

Rg 5

G.N. No. S 114/2001

REVISED EDITION 2002

(30th September 2002)

[2nd March 2001]

PART I

PRELIMINARY

Citation

1.  These Regulations may be cited as the Telecommunications (Radio-communication) Regulations.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“Amateur Station” means a station in respect of which an Amateur Station licensee is authorised in the licence to use;

“armed forces” means the Singapore Armed Forces established under the Singapore Armed Forces Act (Cap. 295) and includes any visiting force, not being a police force, which is lawfully present in Singapore;

“Armed Forces Communication” means radio-communication —

(a) between stations of the armed forces; or

(b) between stations of the armed forces and any other radio-communication station, whether on shore or on any vessel or aircraft;

“authorised officer” means any officer authorised by the Authority to act on its behalf;

“class licence” means an individual station class licence referred to in regulation 65 or a station (spectrum) class licence referred to in regulation 65A;

“class licensee” means a person who is deemed to have been granted a class licence;

“individual station class licence” means an individual station class licence referred to in regulation 65;

“individual station class licensee” means a person who is deemed to have been granted an individual station class licence;

“interference”  —

(a) in relation to radio-communication, means interference to or with radio-communications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by any device; and

(b) in relation to the uses or functions of any station, network or radio-communication equipment, means interference to or with the uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by the station, network or radio-communication equipment;

“International Telecommunication Convention” means the Convention of the International Telecommunication Union signed at Nairobi in 1982 or any subsequent revision or modification thereof to which the Government of Singapore is a party;

“licence” means a station (spectrum) licence, a network (spectrum) licence, a station licence, a network licence or a class licence or all or any of these licences, as the context may require;

“licensee”  —

(a) in relation to a station (spectrum) licence, a network (spectrum) licence, a station licence or a network licence, means the holder of the licence; or

(b) in relation to a class licence, means the person deemed to have been granted the class licence;

“localised private network” means a private network that provides radio coverage of a confined or restricted area as specified by the Authority and that comprises at least 2 stations each operating generally at an effective radiated power of 5 watts or below;

“Localised Radio-communication Station” means a station that can only be used for communication with a base station or with another station within a defined power limit specified by the Authority;

“network” means 2 or more stations operated by a person and used or intended to be used in communication with one another;

“network licence” means a licence referred to in regulation 28;

“network (spectrum) licence” means a licence referred to in regulation 23;

“private network” means a network which —

(a) exists to meet the exclusive internal telecommunication needs of the licensee; or

(b) has a number of common interest groups of subscribers or users and radio channels as the Authority may specify;

“public mobile network” means any public network that enables radio-communications through the use of portable or mobile stations and may include any of the following telecommunication systems licensed under section 5 of the Act:

(a) a public cellular mobile telephone system;

(b) a public radio paging system;

(c) a public mobile data system;

(d) a public trunked radio system; or

(e) a public satellite mobile telephone or data system;

“public network” means a network which is accessible to any member of the public generally and which is used or intended to be used to provide telecommunication services by means of radio-communication to the general public;

“radio frequency band” means any contiguous range of radio frequencies;

“radio frequency band plan” means a plan prepared under regulation 4;

“radio frequency spectrum” means the range of frequencies within which radio-communications are capable of being made;

“Radio Regulations” means the Radio Regulations annexed to the International Telecommunication Convention and includes every revision or modification thereof which the Government has ratified or accepted;

“radio spectrum plan” means a plan prepared under regulation 3;

“reception”, in relation to any radio emission, includes interception;

“spectrum right” means a right to use any specified part of the radio frequency spectrum granted under regulation 6(2);

“station” means a transmitter, a receiver, a combination of transmitters and receivers or any accessory thereto which is used or intended to be used for radio-communication;

“station licence” means a Ship Station Licence, an Aircraft Station Licence, an Amateur Station Licence, an Experimental Station Licence, a Localised Radio-communication Station Licence, a General Radio-communication Station Licence, a Satellite Communication Station Licence or a Special Purpose Station Licence, granted under Part VI;

“station (spectrum) class licence” means a station (spectrum) class licence referred to in regulation 65A;

“station (spectrum) class licensee” means a person who is deemed to have been granted a station (spectrum) class licence;

“station (spectrum) licence” means a licence referred to in regulation 23;

“wide-area private network” means a private network that provides radio coverage of a wide area as specified by the Authority and that comprises one or more stations operating generally at an effective radiated power of more than 5 watts.

PART II

RADIO SPECTRUM plan AND RADIO FREQUENCY BAND PLAN

Radio spectrum plans

3.—(1)  The Authority may prepare and publish for information a radio spectrum plan in any form as it considers appropriate.

(2)  A radio spectrum plan shall —

(a) conform with the Radio Regulations;

(b) have regard to any agreement, treaty or convention between Singapore and any other country, in relation to radio frequency band planning and radio emission;

(c) divide into such number of radio frequency bands as the Authority considers appropriate so much of the radio spectrum as the Authority considers necessary for the purpose of regulating radio-communication; and

(d) specify the general purpose for which each radio frequency band may be used.

Radio frequency band plans

4.—(1)  The Authority may prepare and publish for information a radio frequency band plan in any form as it considers appropriate relating to one or more radio frequency bands.

(2)  A radio frequency band plan shall —

(a) be consistent with the use of the radio frequency bands specified in the radio spectrum plan;

(b) conform with any applicable radio frequency band allocation plans made pursuant to any agreement, treaty or convention which is binding on Singapore; and

(c) specify the purpose for which the radio frequency band may be used.

Variation or revocation of radio spectrum plan and radio frequency band plan

5.  The Authority may vary or revoke any radio spectrum plan or radio frequency band plan, in whole or in part.

PART III

SPECTRUM RIGHTS

Division 1 — Allocation and Conditions of Spectrum Rights

Allocation of spectrum rights

6.—(1)  The Authority may determine that any specified part of the radio frequency spectrum shall be allocated for use by persons by the grant of spectrum rights, but subject to such restrictions as the Authority considers appropriate.

(2)  Subject to this Part, the Authority may, upon payment of the charges determined by the Authority, grant any person the right to use any specified part of the radio frequency spectrum referred to in paragraph (1) for such period as it may specify.

(3)  A person specified in section 4(b) of the Act who is granted a spectrum right under section 5A of the Act must, instead of the charges under paragraph (2), pay the following fees for the grant of a right to use any specified part of the radio frequency spectrum referred to in paragraph (1):

(a) application and processing fees as specified in Part III of the First Schedule;

(b) annual fees as specified in Part IV of the First Schedule.

[S 100/2016 wef 01/04/2016]

Procedures for determining allocation of spectrum rights

7.  The procedure for allocating spectrum rights, the conditions for participation in the allocation of spectrum rights and the charges payable for spectrum rights shall be determined by the Authority and, without limiting the methods which may be used, may include any one or a combination of the following methods:

(a) by auction;

(b) by tender; or

(c) by allocation for a pre-determined fee or a negotiated fee.

Allocation of spectrum rights subject to requirements

8.  The Authority may refuse to grant any spectrum right to any person unless the person meets such requirements as the Authority may determine.

Exclusion from allocation of spectrum rights

9.—(1)  The Authority may, by notice in writing, exclude any person from participating or limit any person’s participation in the allocation of any spectrum right —

(a) for the purpose of developing the communications industry in Singapore and maintaining effective competition between person engaged in the provision of radio-communication services; or

(b) in the public interest.

(2)  Before excluding any person from participating, or limiting any person’s participation, in the allocation of any spectrum right, the Authority shall give the affected person an opportunity to be heard.

(3)  Any person aggrieved by the Authority’s decision under this regulation to exclude any person from obtaining, or limit any person’s right to obtain, any spectrum right may appeal to the Minister whose decision shall be final.

Conditions of grant of spectrum rights

10.—(1)  A spectrum right granted by the Authority shall be subject to such conditions as the Authority considers appropriate, including —

(a) conditions specifying the part or parts of the radio frequency spectrum in which the operation of a station or network is authorised;

(b) conditions specifying the type of station or network, and type of equipment comprising the station or network, which the person granted the spectrum right is authorised to operate;

(c) conditions specifying the periods during which operation of a station or network is authorised;

(d) conditions specifying that the person granted the spectrum right and persons authorised by that person to operate a station or network shall not operate any station or network without a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence;

[S 461/2009 wef 02/10/2009]

(e) conditions specifying the maximum permitted level of radio emission, that may be caused by operation of a station or network under the licence;

(f) conditions specifying the area within which operation of a station or network is authorised;

(g) conditions specifying the maximum permitted level of radio emission, outside the area referred to in sub‑paragraph (f), that may be caused by the operation of the station or network;

[S 100/2016 wef 01/04/2016]

(h) conditions requiring the payment to the Authority of the charges for the spectrum right determined by the Authority under regulation 6(2);

[S 100/2016 wef 01/04/2016]

(i) conditions requiring the person granted the spectrum right to comply with the directions of the Authority concerning the use of the spectrum right;

[S 100/2016 wef 01/04/2016]

(ia) conditions requiring the person granted the spectrum right (called the first person) to share, in accordance with a written notice from the Authority, all or part of the radio frequency spectrum allocated to the first person with the person specified in the notice (called the second person) for the second person’s use during a national event or where such use is in the public interest; or

[S 100/2016 wef 01/04/2016]

(j) such other conditions as the Authority considers appropriate.

(2)  The written notice referred to in paragraph (1)(ia) —

(a) must specify the period (not exceeding 90 days at a time) during which the Authority requires the first person to share the radio frequency spectrum with the second person; and

(b) may include any direction of the Authority under section 5A(8) of the Act to the first person to take such measures specified in the written notice to facilitate the sharing of the radio frequency spectrum.

[S 100/2016 wef 01/04/2016]

Authorisation to use assigned part of radio frequency spectrum

11.—(1)  Subject to paragraph (2), a spectrum right authorises —

(a) the person granted the spectrum right; and

(b) if the conditions of the grant of spectrum right permit, any person authorised by the person granted the spectrum right,

to use the assigned radio frequency spectrum, in accordance with the conditions of the grant, for the purpose of operating a station or network.

(2)  Except as may be permitted by the Authority, a person is not authorised to operate a station or network under paragraph (1) unless the person has, and complies with the conditions of, a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence, as the case may be.

[S 461/2009 wef 02/10/2009]

Division 2 — Spectrum Sharing and Trading

Spectrum sharing

12.—(1)  A person granted a spectrum right may, with the Authority’s prior written approval and subject to such conditions as the Authority may generally or specifically impose, authorise another person to use the assigned radio frequency spectrum, in accordance with the conditions of the grant, for the purpose of operating a station or network subject to that person obtaining a station (spectrum) licence, a network (spectrum) licence or a station (spectrum) class licence, as the case may be.

[S 461/2009 wef 02/10/2009]

[S 100/2016 wef 01/04/2016]

(2)  Any person authorised by a person granted a spectrum right to use the assigned radio frequency spectrum under paragraph (1) shall comply with the Act, these Regulations and such other requirements as the Authority may specify.

Spectrum trading

13.—(1)  Subject to such conditions as the Authority may generally or specifically impose, a person granted a spectrum right may assign, or otherwise deal with, the whole or any part of the rights and privileges granted under the spectrum right.

(2)  No assignment of or dealing with the whole or any part of the rights and privileges granted under a spectrum right shall take effect until the Authority gives its approval in writing.

(3)  The parties to an assignment of or dealing with the whole or any part of the rights and privileges granted under a spectrum right must give to the Authority such information about the assignment or dealing as the Authority requires for the purpose of giving its approval under paragraph (2).

Variation of conditions of spectrum rights upon assignment

14.  The Authority may do any one or more of the following if it is satisfied that it is necessary or convenient to do so in order to give effect to any assignment or dealing under regulation 13:

(a) vary a spectrum right by changing the name of the person to whom the spectrum right was granted;

(b) vary the conditions of grant of a spectrum right by —

(i) including one or more further conditions; or

(ii) revoking or varying any condition;

(c) issue one or more new spectrum rights; or

(d) cancel one or more existing spectrum rights.

Division 3 — Variation, suspension, cancellation and resumption of Spectrum Rights

Variation of certain conditions of spectrum rights

15.—(1)  Subject to this regulation, the Authority may vary any condition of any grant of a spectrum right.

(2)  This regulation shall not apply to a resumption of any spectrum right under regulation 17 or 18 or to a variation of the conditions of any grant of a spectrum right under regulation 14 or 17(3).

(3)  Before varying the conditions of any grant of a spectrum right under this regulation, the Authority shall give notice to the person granted the spectrum right —

(a) stating that it proposes to make the variations in the manner as specified in the notice; and

(b) specifying the time (not being less than 28 days from the date of service of notice) within which written representations with respect to the proposed variation may be made.

(4)  Upon receipt of any written representation referred to in paragraph (3), the Authority shall consider the representation and may —

(a) reject the representation; or

(b) amend the proposed variation in accordance with the representation, or in any manner as the Authority considers appropriate,

and, in either event, the Authority shall issue a direction in writing to the person granted the spectrum right requiring that effect be given to the proposed variation specified in the notice or to the variation as amended by the Authority within a reasonable time.

(5)  Any person aggrieved by the decision of the Authority under paragraph (4) may, within 14 days of the receipt of the direction, appeal to the Minister whose decision shall be final.

(6)  The Authority shall not enforce its direction —

(a) during the period referred to in paragraph (5); and

(b) whilst the appeal is under consideration by the Minister.

(7)  If no written representation is received by the Authority within the time specified in paragraph (3) or if any written representation made under that paragraph is subsequently withdrawn, the Authority may forthwith carry out the variation as specified in the notice given under that paragraph.

(8)  Notwithstanding paragraphs (3) to (7), the Authority may, with the agreement of the person granted the spectrum right, vary the conditions of any spectrum right in such manner as may be agreed.

Suspension or cancellation of spectrum right, etc.

16.—(1)  If the Authority is satisfied that —

(a) a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —

(i) any of the provisions of the Act or these Regulations; or

(ii) any direction given to the person by the Authority under section 27, 32D or 32F(2) of the Act; or

(b) a grant of the spectrum right was obtained by fraud or misrepresentation,

the Authority may, by notice in writing and without payment of any compensation, suspend or cancel the grant of the spectrum right or part thereof.

(2)  If the Authority is satisfied that a person who is granted a spectrum right is contravening, or has contravened, whether by act or omission —

(a) any condition of the grant of the spectrum right; or

(b) any direction given to the person by the Authority under section 5A(8) of the Act,

the Authority may, by notice in writing and without payment of any compensation, do either or both of the following:

(i) suspend or cancel the grant of the spectrum right or part thereof;

(ii) require the person to pay, within such time as may be specified in the notice, a financial penalty of an amount not exceeding the higher of the following amounts:

(A) 10% of the annual turnover of that part of the person’s business in respect of which the person is granted the spectrum right, as ascertained from the person’s latest audited accounts;

(B) $1 million.

[S 100/2016 wef 01/04/2016]

(3)  The Authority shall, before suspending or cancelling the grant of any spectrum right or part thereof under paragraph (1) or (2)(i) —

(a) give to the person to whom the spectrum right was granted notice in writing of its intention to do so; and

(b) in such notice call upon that person to show cause within such time as may be specified in the notice as to why his spectrum right or part thereof should not be suspended or cancelled.

(4)  If the person to whom a notice has been given under paragraph (3) —

(a) fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or

(b) fails to show sufficient cause,

the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of his spectrum right or part thereof is to take effect.

(5)  Any financial penalty payable by any person under paragraph (2)(ii) shall be recoverable by the Authority as a debt due to the Authority from that person and the person’s liability to pay shall not be affected by his spectrum right or any part thereof ceasing (for any reason) to be in force.

[S 707/2005 wef 11/11/2005]

Resumption of spectrum rights by agreement

17.—(1)  The Authority may resume a spectrum right, or a part of a spectrum right, under an agreement entered into with the person granted the spectrum right.

(2)  Without limiting the matters that may be included in the agreement, if a part of the spectrum right is to be resumed, the agreement must specify the variations to the other conditions of the spectrum right that will be made to give effect to the agreement and the date on which the resumption is to take effect.

(3)  If a part of the spectrum right is resumed, the Authority shall vary, in a way that gives effect to the variations specified in the agreement, the other conditions of the grant of spectrum right.

(4)  For the purposes of this regulation and regulation 18, “resume”, in relation to a grant of any spectrum right or part of a spectrum right, means to revoke or vary any condition relating to —

(a) the range of the radio frequencies comprised in the grant of the spectrum right;

(b) the duration of the grant of the spectrum right; and

(c) the geographical area covered by the grant of the spectrum right.

Resumption of spectrum rights compulsorily

18.—(1)  Subject to this regulation, the Authority may resume a spectrum right, or a part of a spectrum right, without the agreement of the person granted the spectrum right.

(2)  The Authority may only resume a spectrum right or a part of a spectrum right without agreement of the person granted the spectrum right if the Minister has approved the resumption by notification published in the Gazette.

(3)  Before resuming a spectrum right or a part of a spectrum right under this regulation, the Authority shall give notice to the person granted the spectrum right —

(a) stating that it proposes to resume the spectrum right or a part of the spectrum right in the manner specified in the notice and the compensation payable for the resumption;

(b) specifying the time (not being less than 28 days from the date of service of notice) within which written representations on the proposed resumption may be made; and

(c) if applicable, specifying the variations to the other conditions of the spectrum right that will be made to give effect to the resumption.

(4)  Upon receipt of any written representation referred to in paragraph (3), the Authority shall consider the representation and may —

(a) reject the representation; or

(b) amend the proposed resumption, the compensation payable and the variations to the other conditions of the spectrum right, in accordance with the representation, or in any other manner as the Authority considers appropriate,

and, in either event, the Authority shall issue a direction in writing to the person granted the spectrum right requiring that effect be given to the proposed resumption specified in the notice or to the resumption as subsequently amended by the Authority within a reasonable time.

(5)  Any person aggrieved by the decision of the Authority under paragraph (4) may, within 14 days of the receipt of the direction, appeal to the Minister whose decision shall be final.

(6)  The Authority shall not enforce its direction —

(a) during the period referred to in paragraph (5); and

(b) whilst the appeal is under consideration by the Minister.

(7)  If no written representation is received by the Authority within the time specified in paragraph (3) or if any written representation made under that paragraph is subsequently withdrawn, the Authority may forthwith carry out the resumption as specified in the notice given under that paragraph.

(8)  Regulation 15 shall not apply to the variations to the other conditions of the spectrum right made under this regulation.

PART IV

requirement for licensing

Licensing requirement

19.—(1)  A station or network may be possessed, established, installed, maintained, provided or operated if authorised by —

(a) a station (spectrum) licence or network (spectrum) licence;

(b) a station licence or network licence; or

(c) a class licence.

(2)  Every application for, and renewal of, a licence shall be made in such form and manner as the Authority may determine and shall be supported by such information as the Authority may require.

(3)  A licence shall be subject to such conditions, restrictions and limitations as the Authority may determine and shall be valid —

(a) in the case of a Ship Station Licence or an Aircraft Station Licence specified in regulation 25(1)(b) or (c), for a period of 5 years; and

(b) in any other case, for such period as the Authority may determine,

unless it is cancelled, suspended or reduced in duration in accordance with the provisions of the Act or these Regulations.

[S 263/2006 wef 01/06/2006]

Restrictions on grant of licence

20.  A licence, other than a class licence, shall only be granted by the Authority to —

(a) a citizen of Singapore;

(b) a business registered under the Business Names Registration Act 2014 (Act 29 of 2014);

[S 100/2016 wef 01/04/2016]

(c) a company incorporated under the Companies Act (Cap. 50); or

(d) such other person as the Authority considers appropriate.

Licensee not exempted from other laws

21.  The grant of any licence referred to in these Regulations does not exempt the licensee from obtaining any other approval, permit, licence or other authorisation required by law for or in connection with the possession, establishment, installation, maintenance, provision or operation of any station or network.

Other conditions not affected

22.  The conditions of any licence imposed under these Regulations shall be in addition to and not in derogation of any other condition imposed and specified by the Authority in the licence under section 5 of the Act.

PART V

STATION (SPECTRUM) LICENCE AND NETWORK (SPECTRUM) licence

Grant of station (spectrum) licence and network (spectrum) licence

23.—(1)  A station (spectrum) licence or a network (spectrum) licence may, upon payment of the fees specified in Part I of the First Schedule, be granted by the Authority under section 5 of the Act if the Authority is satisfied that the station or network is to be operated using a spectrum right granted by the Authority and the station or network —

(a) meets with and conforms to applicable —

(i) emission standards; and

(ii) technical requirements,

as may be imposed by the Authority; and

(b) is of the kind or class that is approved by the Authority for use under a spectrum right.

(2)  Any station (spectrum) licence and network (spectrum) licence referred to in paragraph (1) shall specify —

(a) the conditions of usage of the station or network;

(b) the duration of the licence; and

(c) such other conditions as the Authority considers appropriate.

(3)  All fees shall be paid in advance and if any fee remains unpaid 7 days after the date on which a station (spectrum) licence or network (spectrum) licence should have been renewed, the following late payment fee shall be charged:

(a) where the station (spectrum) licence or network (spectrum) 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 station (spectrum) licence or network (spectrum) licence is renewed after 14 days but less than 31 days following the expiration of the previous licence, a sum of $20; or

(c) where the station (spectrum) licence or network (spectrum) licence is renewed after 30 days following the expiration of the previous licence, a sum of $50.

(4)  In this regulation and regulation 24, “station” does not include a radio-communication station specified in the Fourth Schedule.

[S 461/2009 wef 02/10/2009]

Particulars of station (spectrum) licences and network (spectrum) licences

24.—(1)  A station or network under a station (spectrum) licence or network (spectrum) licence shall not be changed or modified in respect of any of the particulars mentioned in the licence, including the radio-communication equipment comprised therein, the operating radio frequencies and the location at which the station or network is installed, except with the prior approval of the Authority.

(2)  [Deleted by S 100/2016 wef 01/04/2016]

(3)  [Deleted by S 100/2016 wef 01/04/2016]

(4)  [Deleted by S 100/2016 wef 01/04/2016]

[S 100/2016 wef 01/04/2016]

PART VI

STATION licence AND NETWORK Licence

Division 1 — Grant of fees for and withdrawal of radio frequency allocated to station licence and network licence

Grant of station licence and network licence

25.—(1)  The following network licences and station licences may be granted under section 5 of the Act:

(a) Network Licence;

(b) Ship Station Licence;

(c) Aircraft Station Licence;

(d) Amateur Station Licence;

(e) Experimental Station Licence;

(f) Localised Radio-communication Station Licence;

(g) General Radio-communication Station Licence;

(h) Satellite Communication Station Licence; and

(i) Special Purpose Station Licence.

(2)  A station licence or network licence authorises the licensee to operate the specified station or network in accordance with the Act, these Regulations and the conditions of the licence.

(2A)  It is a condition of every station licence and network licence that the licensee must comply with any direction by the Authority specified in a written notice to share all or part of the radio frequency band (allocated to the licensee) with another person specified in the notice for that other person’s use during a national event or where such use is in the public interest.

[S 100/2016 wef 01/04/2016]

(2B)  The written notice referred to in paragraph (2A) —

(a) must specify the period (not exceeding 90 days at a time) during which the Authority requires the licensee to share the radio frequency band with the other person; and

(b) may include any direction of the Authority to the licensee to take such measures specified in the written notice to facilitate the sharing of the radio frequency band.

[S 100/2016 wef 01/04/2016]

(3)  The Authority must not grant a station licence or network licence that authorises the operation of a station or network in any radio frequency band that is within a part of the radio frequency spectrum that the Authority has determined under regulation 6(1) to be allocated by the grant of spectrum rights unless the Authority is satisfied that the circumstances of the particular case justify the granting of the licence.

Fees

26.—(1)  The licence fees payable for station licences and network licences are specified —

(a) in the case of a Ship Station Licence or an Aircraft Station Licence, in Part IA of the First Schedule; and

(b) in any other case, in Part II of the First Schedule.

[S 263/2006 wef 01/06/2006]

(2)  The application and processing fees for use of any radio frequency in the course of operating or using a station or network under a station licence or network licence are specified in Part III of the First Schedule.

(3)  The annual fees payable for use of any radio frequency in the course of operating or using a station or network under a station licence or network licence are specified in Part IV of the First Schedule.

(4)  The Authority may, in the interest of spectrum economy and after considering the re-usability of a radio frequency, the area of coverage involved and the period of use of an assigned radio frequency, reduce all or any of the following:

(a) licence fees payable under paragraph (1);

(b) application and processing fees payable under paragraph (2); or

(c) annual fees payable under paragraph (3).

(5)  For any multi-channel radio-communication equipment used for transmitting or receiving, the radio frequency fee payable shall be in accordance with the bandwidth of frequencies assigned as specified in Part IV of the First Schedule.

(6)  All fees shall be paid in advance and if any fee remains unpaid 7 days after the date on which a station licence or network licence should have been renewed, the following late payment fee shall be charged:

(a) where the station licence or network 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 station licence or network licence is renewed after 14 days but less than 31 days following the expiration of the previous licence, a sum of $20; or

(c) where the station licence or network licence is renewed after 30 days following the expiration of the previous licence, a sum of $50.

Power of Authority to change or withdraw radio frequency

27.  The Authority may, in its discretion and without paying compensation and upon giving such notice as it considers appropriate, change or withdraw any radio frequency allocated to the licensee under the station licence or network licence without assigning any reason therefor.

Division 2 — Types of Station Licence and Network Licence Network Licence

Network Licence

28.—(1)  The Authority may grant the following classes of Network Licences:

(a) Localised Private Network Licence;

(b) Wide-area Private Network Licence;

(c) Public Mobile Network Licence; and

(d) Fixed Wireless Network Licence.

(2)  The grant of a private network licence shall not, unless the Authority otherwise determines, authorise the licensee to provide, directly or indirectly, any telecommunication service to the general public.

(3)  A Network Licence shall only be granted in respect of a network that meets all technical standards and any other requirements which the Authority may, from time to time, stipulate.

(4)  The Authority may refuse to grant a Localised Private Network Licence or Wide‐area Private Network Licence if it is satisfied that —

(a) the licensee failed to meet the minimum channel loading criteria set by the Authority from time to time for the network; or

(b) the radio-communication service that is, or is intended to be, provided by or through the network may be adequately provided by or through a public telecommunication system or by any other means.

Ship Station Licence

Ship Station Licence

29.—(1)  A Ship Station Licence may be granted by the Authority if —

(a) the ship on which the station is to be carried has a valid Ship Registry Certificate issued by the Maritime and Port Authority of Singapore (established under section 4 of the Maritime and Port Authority of Singapore Act (Cap. 170A));

[S 100/2016 wef 01/04/2016]

(b) the person applying for the Ship Station Licence furnishes the documents and information required by the Authority for the purpose of the application; and

[S 100/2016 wef 01/04/2016]

(c) [Deleted by S 100/2016 wef 01/04/2016]

(d) the ship complies with such other requirements as may be determined by the Authority from time to time.

(2)  A person who is unable to furnish all the information and documents required by the Authority in respect of the application form for a Ship Station Licence may, upon payment of the prescribed fee and upon satisfying such other requirements as may be determined by the Authority, be granted a Provisional Ship Station Licence which shall be valid for such period and subject to such conditions as may be determined by the Authority.

[S 100/2016 wef 01/04/2016]

Restrictions on grant of Ship Station Licence

30.—(1)  A Ship Station Licence shall only be granted in respect of a ship, including its lifeboats, which is registered or licensed by the competent authority in Singapore.

(2)  It is a condition of every Ship Station Licence that the ship in respect of which the Ship Station Licence is granted remains registered or licensed in Singapore throughout the period of validity of the Ship Station Licence.

[S 263/2006 wef 01/06/2006]

Compliance with Radio Regulations, Authority’s requirements, etc.

31.  A Ship Station licensee shall —

(a) provide on board the ship all documents either considered necessary by the Authority or required under the Radio Regulations for the efficient operation of the station carried on board the ship; and

(b) comply with the working procedures set out in the Radio Regulations and with such other requirements as the Authority may determine.

Equipment not to cause interference

32.—(1)  A station on board any ship in the waters of Singapore shall be operated in such manner as not to impair or interfere with —

(a) any Armed Forces Communication; or

(b) the efficient and convenient working of any other station or network, or telecommunication system or service in Singapore authorised by the Authority under the Act or these Regulations.

(2)  A station on board any ship must not be used if the crew of the ship observes, or when the crew has been informed by the Authority, that the working of the station causes interference to radio-communication.

Restrictions on use of equipment while in territorial waters

33.—(1)  Subject to paragraph (2), no station on board a ship shall be used while the ship is within the territorial waters of Singapore.

(2)  A station on board a ship, whether licensed by the Authority or by a foreign competent authority, may be used while the ship is within the territorial waters of Singapore for the purposes of —

(a) safety of navigation, life or property or for any other purposes as may be authorised by the Authority; and

(b) communication on such radio frequency bands as may be specifically authorised by the Authority, subject to such conditions as may be determined by the Authority, where the use of the station does not cause interference to the working of any other station or network licensed under these Regulations.

Aircraft Station Licence

Restrictions on grant of Aircraft Station Licence

34.—(1)  An Aircraft Station Licence shall only be granted in respect of a station on a commercial or privately-owned aircraft registered in Singapore.

(2)  It is a condition of every Aircraft Station Licence that the aircraft in respect of which the Aircraft Station Licence is granted remains registered in Singapore throughout the period of validity of the Aircraft Station Licence.

[S 263/2006 wef 01/06/2006]

Duty of licensee in respect of equipment, Radio Regulations, etc.

35.—(1)  All equipment comprised in a station on board any aircraft must be approved by the Director-General of the Civil Aviation Authority of Singapore and a certificate to this effect shall accompany the application for the licence.

(2)  An Aircraft Station licensee shall observe the provisions of the Radio Regulations and any other local or interna­tional rules and regulations applicable to stations on board an aircraft.

Restrictions on use of aircraft station

36.  No station fitted in an aircraft shall be operated or used while such aircraft is at rest on land or on water in Singapore except —

(a) in exceptional cases or in time of emergency or distress;

(b) in exceptional circumstances if communication by means of a telecommunication line system is not available, for communication on matters relating to air navigation and services with the nearest aeronautical station, or, if communication with such station is impracticable, with any other station;

(c) for the purpose of carrying out experimental tests with the written approval of and subject to such conditions as may be determined by the Authority; or

(d) for the purpose of carrying out functional tests on frequencies other than on international distress frequencies to determine the serviceability of the station.

Amateur Station Licence

Amateur Station Licence

37.—(1)  The Authority may grant the following classes of Amateur Station Licences to qualified or approved persons interested in the operation of radio-communication equipment solely for pleasure and for the furtherance of radio-communication techniques and not for pecuniary gain:

(a) General Class;

(b) Restricted Class; and

(c) any other class of licence which the Authority considers appropriate.

(2)  Notwithstanding regulation 20, an Amateur Station Licence may only be granted to a natural person and shall not authorise the use of radio-communication equipment by the licensee’s employees.

Age restrictions

38.—(1)  An Amateur Station Licence shall not be granted to a person below the age of 16 years.

(2)  Any application for an Amateur Station Licence by an applicant below the age of 21 years shall be countersigned by the applicant’s parent, guardian or by any other person approved by the Authority.

(3)  It is a condition of every Amateur Station Licence that a licensee between the ages of 16 and 21 years may only operate or use any Amateur Station if supervised by a qualified person approved by the Authority who has agreed to supervise the licensee, and that qualified person shall ensure that the licensee observes and complies with all the duties and obligations specified in the licence and these Regulations.

Qualifications

39.—(1)  An applicant for an Amateur Station Licence shall, unless exempted by the Authority —

(a) have passed the Radio Amateur Examination set by the Authority; or

(b) be in possession of an Amateur Radio Certificate acceptable to the Authority.

(2)  The fee payable to sit for the Radio Amateur Examination referred to in paragraph (1)(a) by —

(a) a full-time secondary, pre-university or tertiary student or a full-time student of the Institute of Technical Education, Singapore, shall be $20; and

(b) any other person, shall be $40.

[S 263/2006 wef 01/05/2006]

General conditions

40.  An Amateur Station licensee shall observe the following conditions:

(a) the station shall only be operated at locations approved by the Authority;

(b) the station shall in all cases be operated by the licensee or by persons named in the licence;

(c) the station and all equipment used or intended to be used by the licensee shall be erected, fixed, placed and used, so as not to cause interference to radio-communications in Singapore;

(d) the licensee shall identify himself by the transmission of the callsign assigned to him by the Authority at the beginning and end of each transmission;

(e) any change in the approved location, equipment, mast or antenna system must be approved by the Authority prior to the change being made;

(f) the licensee shall obtain the approval of all relevant authorities before erecting any mast or antenna to be used in connection with the operation of the station; and

(g) the licensee shall —

(i) keep a running record of all transmission periods showing the date and time of each period of transmission and the radio frequency and type of emission employed;

(ii) preserve the record of each entry made for 12 months; and

(iii) make the record mentioned in sub-paragraph (ii) available for inspection at all reasonable times by an authorised officer.

Prohibition on use of encryption devices

41.  It is a condition of every Amateur Station Licence that the licensee may not make use of encryption devices or equipment in the operation or use of any station.

Restrictions on transmission

42.  It is a condition of every Amateur Station Licence that —

(a) messages transmitted through an Amateur Station shall be in plain language and shall relate solely to the licensee’s experiments or personal affairs (not being business affairs), or to the personal affairs of the person with whom the licensee is communicating;

(b) the Amateur Station shall not be used for transmitting news, advertisements, communications of a business or non-experimental character, messages for pecuniary reward or messages for or on behalf of a third party;

(c) except with the written permission of the Authority, no licensee of an Amateur Station shall call or transmit to any station other than an Amateur Station;

(d) messages may only be exchanged with another Amateur Station, except where prohibited by law; and

(e) transmission shall not commence without listening in on the radio frequency to be used in order to ascertain that no interference is likely to be caused to any other station which may be functioning.

Power of Authority to order transmission

43.  It is a condition of every Amateur Station Licence that the licensee shall, if required by the Authority by notice in writing, transmit any message provided by the Authority by means of his licensed Amateur Station.

Portable stations

44.  The Authority may approve an Amateur Station as a portable or mobile station, subject to such conditions as the Authority may impose.

Experimental Station Licence

Experimental Station Licence

45.  The Authority may grant an Experimental Station Licence —

(a) to such educational institutions, training establishments or qualified persons as the Authority may determine for the purpose of conducting research and development activities, experiments or demonstrations in radio-communication; or

(b) to licensed dealers in, or manufacturers or importers of, radio-communication equipment for the purpose of testing, demonstration or conducting research and development in radio-communication equipment.

Power limitations

46.  The Authority may limit the maximum power of a station in respect of which an Experimental Station Licence has been granted, having regard to the purpose for which the station has been authorised and the conditions under which it is to work.

Localised Radio-communication Station Licence

Localised Radio-communication Station Licence

47.  The Authority may grant a Localised Radio-communication Station Licence to approved applicants to use the following equipment:

(a) remote control devices;

(b) local area paging devices;

(c) wireless microphones;

(d) transceivers (CB Walkie Talkies);

(e) telemetry or alarm systems or both;

(f) wireless data or voice systems;

(g) cordless telephones; and

(h) any other radio-communication equipment as may be authorised by the Authority, from time to time.

Sharing of radio frequencies

48.—(1)  The radio frequencies allocated to any Localised Radio-communication Station may be shared by other users and the Authority shall not be responsible or liable for any interference arising from such use.

(2)  Licensees operating on shared radio frequencies shall accept any interference that may result from the legitimate operation of stations, including the operation of industrial, scientific and medical (I.S.M.) equipment, functioning in the I.S.M. Band.

General Radio-communication Station Licence

General Radio-communication Station Licence

49.  The Authority may grant a General Radio-communication Station Licence to approved applicants for the purpose of enabling them to transmit, receive or transmit and receive messages by means of radio-communication.

Common base station and shared radio frequencies

50.  It is a condition of every General Radio-communication Station Licence that the licensee shall, if required by the Authority in the interest of radio frequency spectrum economy or for any other reason, work with a common base station operated or licensed by the Authority or to share a radio frequency with other stations, subject to any condition which the Authority may impose.

Navigation or detection of objects

51.  The Authority may grant a General Radio-communication Station Licence to an approved applicant for the purpose of navigating or detecting objects by means of radio-communication.

Satellite Communication Station Licence

Satellite Communication Station Licence

52.  The Authority may grant the following classes of Satellite Communication Station Licences to enable the licensee to transmit, receive or transmit and receive messages by means of satellite communication for such purposes as may be authorised by the Authority:

(a) Very Small Aperture Terminal (VSAT) Licence;

(b) Tracking, Telemetry and Command (TT&C) Earth Station Licence;

(c) Earth Station Licence; and

(d) Portable Satellite Communication Terminal Licence.

Obligations of licensee

53.  It is a condition of every Satellite Communication Station Licence that the licensee —

(a) must seek the approval of the Authority for access to any space segment and shall comply with the relevant rules, regulations and procedures imposed by the satellite operator for station access, booking and fees;

(b) may only use or work within the radio frequencies or radio frequency bands approved by the Authority for his use; and

(c) must not, without the written approval of the Authority, use any satellite communication equipment in respect of which the Satellite Communication Station Licence has been issued to provide telecommunication services to the public.

Compliance with International Telecommunication Convention

54.  Unless exempted by the Authority, a Satellite Communication Station licensee shall at all times comply with the provisions of the International Telecommunication Convention and all regulations and recommendations annexed thereto or made thereunder as are applicable to Singapore.

Special Purpose Station Licence

Special Purpose Station Licence

55.—(1)  The Authority may grant a Special Purpose Station Licence for the installation and operation of any special purpose station.

(2)  For the purposes of paragraph (1), a “special purpose station” is a station not otherwise defined in these Regulations that is established exclusively for such purpose and upon such conditions as the Authority may specify.

Division 3 — Specific Provisions Applicable to Station Licence and Network Licence

Equipment in stations or networks

56.—(1)  The Authority may, in respect of any individual or class of station licence 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 station or network under a station licence or a network licence shall not be changed or modified in respect of any of the particulars mentioned in the station licence or network licence, including the radio-communication equipment comprised therein, the operating radio frequencies and the location at which the station or network is installed, except with the prior approval of the Authority.

57.  [Deleted by S 100/2016 wef 01/04/2016]

Technical requirements

58.—(1)  Before a station licence or network 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 licence or network licence shall be approved by the Authority before use.

(3)  Every station or network in respect of which an application for a station licence or network licence has been made or for which a station licence or network licence has been granted may at any time be inspected and tested by an authorised officer.

PART VII

Provisions Applicable to Station (spectrum) Licences, network (spectrum) licences, station licences and Network Licences

Modification of conditions

59.  Subject to section 7 of the Act, where the Authority modifies all or any of the conditions upon which a station (spectrum) licence, network (spectrum) licence, station licence or network licence is granted or imposes any additional conditions, the licensee shall, at its own expense, comply with the modified or additional conditions.

Assignment, transfer, etc., of benefits of licence only with approval

60.—(1)  Except with the approval in writing of the Authority, a licensee shall not —

(a) assign, transfer, sublet or otherwise dispose of the benefit of any station (spectrum) licence, network (spectrum) licence, station licence or network licence granted under these Regulations; or

(b) permit another person to participate in any of the benefits, powers or authority granted under such licence.

(2)  It is a condition of every station (spectrum) licence, network (spectrum) licence, station licence and network licence that every station and network under the licence must be under the control of the licensee unless the Authority otherwise permits in writing.

Employees of licensee

61.  It is a condition of every station (spectrum) licence, network (spectrum) licence, station licence and network licence that the licensee shall ensure that his employees comply with the provisions of the Act, these Regulations and the conditions of the licence.

Amendment of licence

62.—(1)  Amendments to a station (spectrum) licence, network (spectrum) licence, station licence or network licence for —

(a) the transfer of location of a station other than the transfer of a portable or mobile station from one site to another; or

(b) 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.

(2)  Where an authorised officer inspects a station under paragraph (1), the Authority may impose a fee of $150 for the inspection.

(3)  Any amendment to a station (spectrum) licence, network (spectrum) licence, station licence or network 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.

Return of licence

63.—(1)  When a licensee ceases to operate a station or network or when a station (spectrum) licence, network (spectrum) licence, station licence or network licence ceases to be valid, the licensee shall —

(a) return the licence to the Authority for cancellation; and

(b) if required by the Authority, 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 under paragraph (1), no person shall, unless authorised by the Authority, break or tamper with the seal or enable or reassemble the equipment, as the case may be.

(4)  Where a station (spectrum) licence, network (spectrum) licence, station licence or network licence is returned to the Authority, 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.

Cancellation of Ship Station Licence or Aircraft Station Licence

63A.—(1)  The Authority may, by notice in writing, cancel —

(a) a Ship Station Licence granted in respect of a ship where the licensee has contravened the condition specified in regulation 30(2); or

(b) an Aircraft Station Licence granted in respect of a station on an aircraft where the licensee has contravened the condition specified in regulation 34(2).

(2)  Where a Ship Station Licence or an Aircraft Station Licence is cancelled under paragraph (1), no fee or part thereof shall be refunded by the Authority in respect of the unexpired period of the licence.

[S 263/2006 wef 01/06/2006]

64.  [Deleted by S 100/2016 wef 01/04/2016]

PART VIII

INDIVIDUAL STATION CLASS LICENCE AND STATION (SPECTRUM) CLASS LICENCE

[S 461/2009 wef 02/10/2009]

Grant of individual station class licences

65.—(1)  A person, other than a telecommunication licensee, who possesses or uses a relevant radio-communication station shall be deemed to have been granted an individual station class licence by the Authority for that purpose.

[S 461/2009 wef 02/10/2009]

(2)  An individual station class licence shall be subject to the conditions specified in the Third Schedule.

[S 461/2009 wef 02/10/2009]

(3)  No fee is payable for an individual station class licence.

[S 461/2009 wef 02/10/2009]

(4)  For the purposes of this regulation and the Third Schedule, “relevant radio-communication station” means a radio-communication station that is connected with any of the following telecommunication systems licensed under section 5 of the Act:

(a) a public cellular mobile telephone system;

(b) a public radio paging system;

(c) a public mobile data system;

(d) a public trunked radio system;

(e) a public satellite mobile telephone or data system;

[S 263/2006 wef 01/06/2006]

(f) a public wireless broadband access system,

[S 263/2006 wef 01/06/2006]

and includes a radio-communication station that is capable of being used in connection with any of the telecommunication systems referred to in sub-paragraphs (a) to (f) but which is not in use and not so connected.

[S 263/2006 wef 01/06/2006]

Grant of station (spectrum) class licences

65A.—(1)  A telecommunication licensee who operates a radio-communication station specified in the Fourth Schedule shall be deemed to have been granted a station (spectrum) class licence by the Authority for that purpose.

(2)  A station (spectrum) class licence shall be subject to the conditions specified in the Fifth Schedule.

(3)  No fee is payable for the grant of a station (spectrum) class licence.

[S 461/2009 wef 02/10/2009]

PART IX

DUTIES AND GENERAL OBLIGATIONS

Inspection of radio-communication equipment

66.—(1)  It is a condition of every licence that the licensee shall permit or ensure that permission is granted to an authorised officer, upon production of proof of identity, to enter any building, premises, compound or other place, vehicle, vessel or aircraft where any station or network is installed, or is being installed, to enable that officer to inspect, examine or test any equipment comprised in the station or network.

(2)  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 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 $150 for the inspection.

Inspection of licence

67.  A licensee of a station or network shall permit an authorised officer or a police officer not below the rank of sergeant, upon production of proof of identity, to examine his licence, or if it is not immediately available, produce the licence at the office of the Authority or a police station named by the police officer within a reasonable period.

Secrecy

68.—(1)  Except as may be provided by section 42(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 conditions of a licence granted under these Regulations, 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)  Every person referred to in paragraph (2) shall not —

(a) directly or indirectly, disclose the contents of the radio-communications referred to in that paragraph except to a person entitled to become acquainted with the radio-communications or to an authorised officer or to a court; or

(b) make any 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 is for private or general reception.

Station and network to be used for lawful purposes

69.  No person shall operate or use any station or network for or in furtherance of any unlawful purpose.

Restrictions on transmission

70.—(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.

(5)  A licensee shall ensure that his 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.

(6)  A licensee shall cease operating his station or network and shall take any other immediate action which the Authority stipulates as soon as the licensee observes, or when the licensee has been informed by the Authority or any other competent authority, that the working of the station or network causes interference to radio-communication.

(7)  The licensee shall, where so directed by the Authority in writing, cease to operate all or any 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.

International Telecommunication Convention

71.—(1)  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.

(2)  The Authority may, in its discretion, waive the application of any of the provisions or regulations referred to in paragraph (1) to any station, network or message.

Inspection to determine cause of interference

72.  It is a condition of every licence that any owner or user of electrical, electronic or radio-communication equipment under the licence causing or suspected of causing electrical or radiated interference or disturbance to telecommunication equipment, stations, networks or systems belonging to or authorised or approved by the Authority shall permit an authorised officer to inspect his equipment in order to determine whether the interference is in fact caused by the equipment.

Investigation by Authority upon request

73.—(1)  The Authority may, where requested by any person to —

(a) investigate, for the second or subsequent time, the cause of electrical or radiated interference or disturbance to telecommunication equipment, stations, networks or systems; or

(b) measure and compute the field strength of radiated electromagnetic energy of any electrical, electronic or radio-communication equipment,

charge a fee of $100 per hour or part thereof for work done.

(2)  Where the Authority undertakes to measure and compute the field strength of radiated electromagnetic energy under paragraph (1), the Authority shall determine the measuring device to be used, the method by which and the conditions under which tests are to be conducted and the manner in which the field strength from readings afforded by the measuring device is computed.

Instructions to eliminate or reduce interference

74.—(1)  Where the Authority determines that interference or disturbance to telecommunication equipment, stations, networks or systems is or may be caused by any particular electrical, electronic or radio-communication equipment, the Authority may, by notice in writing, direct the owner or user of that electrical, electronic or radio-communication equipment to do, at his own expense, any one or more of the following:

(a) take suitable measures to eliminate or reduce the inter­ference or disturbance;

(b) remedy a fault in or the improper operation of the equipment;

(c) modify or alter the equipment; or

(d) disconnect the equipment.

(2)  The Authority may require any action required to be taken under paragraph (1) to be effected within such period of time as the Authority may determine having regard to the circumstances of each case.

(3)  In addition to any action the Authority may take under this regulation, the Authority may —

(a) by notice in writing, prohibit the installation or use of that electrical, electronic or radio-communication equipment unless and until the directions under paragraphs (1) and (2) are complied with; and

(b) where it considers it necessary, seal or remove the equipment or any part thereof referred to in paragraph (1).

Fees for ad hoc temporary radio frequency assignment

75.—(1)  The Authority may permit any person to use any radio frequency band in respect of any network or station for a period not exceeding 90 days at a time upon payment of the fees specified in Part V of the First Schedule.

(2)  Paragraph (1) shall not apply to any use of radio frequency band granted under a spectrum right, or permitted under a station (spectrum) licence, a network (spectrum) licence, a station licence, a network licence or a class licence.

(3)  Despite paragraph (2), a permit may be granted under paragraph (1) for the use of a radio frequency band referred to in paragraph (2) during a national event or where such use is in the public interest.

[S 100/2016 wef 01/04/2016]

(4)  Where —

(a) the Authority has granted a permit under paragraph (1) to a person (called the first person) to use a radio frequency band; and

(b) the Authority subsequently grants another permit under paragraph (1) to a person (called the second person) to use all or part of that radio frequency band during a national event or where such use is in the public interest,

the Authority may, by a written notice, require the first person to share all or part of that radio frequency band for such period specified in the written notice and take such measures specified in the written notice to facilitate the second person’s use of all or part of that radio frequency band.

[S 100/2016 wef 01/04/2016]

PART X

MISCELLANEOUS

Application of Telecom Competition Code

76.  No approval, consent, licence or authorisation given by the Authority pursuant to these Regulations shall be taken as specifically authorising or approving any act or thing for the purposes of the Code of Practice for Competition in the provision of Telecommunication Services issued by the Authority under section 26(1) of the Act, as may be amended from time to time.

[S 20/2011 wef 21/01/2011]

Replacement licence

77.—(1)  If the Authority is satisfied that any licence issued by it is lost, destroyed or defaced, the Authority may, upon payment of a fee of $10, 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.

Offence

78.  Any person who —

(a) contravenes regulation 24(1), 31, 32, 33, 35(2), 36, 54, 56(2), 63(1), (2) or (3), 67, 68, 69 or 70; or

[S 100/2016 wef 01/04/2016]

(b) contravenes any direction or notice of the Authority issued under regulation 74,

shall be guilty of an offence.

Waiver

79.  The Minister or the Authority (subject to the directions of the Minister) may waive the application of all or any of the provisions of these Regulations, any or all of the conditions in any licence and any fee payable under these Regulations.

Savings and transitional provisions

80.  Notwithstanding the revocation of the Radio-communication Regulations (Rg 3, 1999 Ed.) the holder of any licence in respect of any network or station granted in accordance with the revoked Regulations may —

(a) until the expiry of the licence or unless the licence is cancelled or suspended in accordance with the Act; and

(b) subject to the provisions of the revoked Regulations,

perform all the acts for which the licence was granted as if these Regulations had not been enacted.

FIRST SCHEDULE

Regulations 6(3), 23 (1), 26 (1), (2), (3) and (5) and 75 (1)

Part I

Fees for Station (Spectrum) Licence and Network (Spectrum) Licence

First column Types of licences		Second column Fee payable per annum
1. General Radio-communication Station —
(a) Base or Fixed Station		$100
(b) Mobile Station		$50
(c) Fixed Link or Relay Station		$100
2. Wide-area Private Network —
(a) Portable or Mobile Station		$500 per group of 50 stations or part thereof
(b) Base or Repeater Station		$100
3. Public Mobile Network —
(a) 300 Base Stations or less		$100 per station
(b) 301 to 500 Base Stations		$80 per station for all stations
(c) 501 to 700 Base Stations		$60 per station for all stations
(d) 701 Base Stations or more		$40 per station for all stations
4. Fixed Wireless Network		$500 per group of 50 stations or part thereof.

[S100/2016 wef 01/04/2016]

Part IA

Fees for Ship Station Licence and Aircraft Station Licence

First column		Second column
Types of licences		Fees payable
1.  Ship Station		$100 for 5 years
2.  Aircraft Station		$100 for 5 years.

[S 263/2006 wef 01/06/2006]

Part II

Fees for Station Licence and Network Licence (Other Than Ship Station Licence and Aircraft Station Licence)

[S 263/2006 wef 01/06/2006]

First column Types of licences		Second column Fee payable per annum (unless otherwise stated)
1. Deleted by S 263/2006, wef 01/06/2006.
2. Deleted by S 263/2006, wef 01/06/2006.
3. Amateur Station —
(a) General Class		$100 for 5 years
(b) Restricted Class		$50 for 5 years
4. Experimental Station		$50
5. Localised Radio-communication Station —
(a) Remote Control Devices (aircraft models and cranes)		(i) $25 (Personal use)
		(ii) $50 (Business use)
(b) Local Area Paging Devices Base Station		$50
(c) Wireless Microphones		(i) $25 (Personal use)
		(ii) $50 (Business use)
(d) Transceivers (CB Walkie Talkies)		(i) $25 (Personal use)
		(ii) $50 (Business use)
(e) Telemetry or Alarm Systems or both		$50
(f) Wireless Data or Voice Systems		(i) $50 for 50 stations or less
		(ii) $100 for more than 50 stations
6. General Radio-communication Station —
(a) Base or Fixed Station		$100
(b) Mobile Station		$50
(c) Fixed Link or Relay Station		$100
(d) Radiodetermination Station		$50
(e) Coast Station		$100
(f) Aeronautical Station		$100
7. Satellite Communication Station —
(a) Very Small Aperture Terminal (VSAT)		$100
(b) Tracking, Telemetry and Command (TT & C) Earth Station		$100
(c) Earth Station		$100
(d) Portable Satellite Communication Terminal		$50
8. Localised Private Network —
(a) Portable or Mobile Station		$100 per network
(b) Base or Repeater Station		$100
9. Wide-area Private Network —
(a) Portable or Mobile Station		$500 per group of 50 stations or part thereof
(b) Base or Repeater Station		$100
10. Public Mobile Network —
(a) 300 Base Stations or less		$100 per station
(b) 301 to 500 Base Stations		$80 per station for all stations
(c) 501 to 700 Base Stations		$60 per station for all stations
(d) 701 Base Stations or more		$40 per station for all stations
11. Fixed Wireless Network		$500 per group of 50 stations or part thereof.
12. Special Purpose Station		$50.

[S 100/2016 wef 01/04/2016]

Part III

APPLICATION AND PROCESSING FEES FOR USE OF RADIO FREQUENCY

First column Category		Second column Fee payable per frequency
1. Commonly Assigned Frequencies (for temporary or occasional use)		$100
2. All Other Frequencies (including satellite downlink frequencies)		$300

[S 100/2016 wef 01/04/2016]

Part IV

ANNUAL FEES FOR USE OF RADIO FREQUENCY

1.  Fees for the use of a radio frequency on an exclusive basis:

First column	Second column	Third column	Fourth column
Radio-communication Service	Radio Frequency Bands	Occupied Bandwidth (X)	Fee payable per frequency per annum
Broadcasting	All Frequency Bands	(i) X ≤ 25kHz	$400
		(ii) 25kHz < X ≤ 500kHz	$800
		(iii) 500kHz < X ≤ 10MHz	$12,100
Fixed	All Frequency Bands	(i) X ≤ 25kHz	$400
		(ii) 25kHz < X ≤ 500kHz	$1,100
		(iii) 500kHz < X ≤ 10MHz	$2,900
		(iv) 10MHz < X ≤ 20MHz	$7,700
		(v) X > 20MHz	$10,700
Private Mobile Radio	All Frequency Bands	(i) X ≤ 25kHz	$400
		(ii) 25kHz < X ≤ 500kHz	$500
		(iii) 500kHz < X ≤ 10MHz	$9,200
		(iv) 10MHz < X ≤ 20MHz	$29,800
		(v) X > 20MHz	$44,500
Public Mobile Radio	All Frequency Bands	per 5MHz of occupied bandwidth or part thereof	$7,700
Others	All Frequency Bands	(i) X ≤ 25kHz	$400
		(ii) 25kHz < X ≤ 500kHz	$1,100
		(iii) 500kHz < X ≤ 10MHz	$15,100
		(iv) 10MHz < X ≤ 20MHz	$29,800
		(v) X > 20MHz	$44,500

2.  Fees for the use of a radio frequency on a shared basis (where the occupied bandwidth falls within 2 or more categories of radio frequency bands, the fees payable in respect of the lower radio frequency band will apply):

First column	Second column	Third column	Fourth column
Radio-communication Service	Radio Frequency Bands	Occupied Bandwidth (X)	Fee payable per frequency per annum
Fixed	Below 10GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$800
		(iv) 10MHz < X ≤ 20MHz	$1,800
		(v) X > 20MHz	$2,400
	10GHz – 15.7GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$500
		(iv) 10MHz < X ≤ 20MHz	$900
		(v) X > 20MHz	$1,200
	15.7GHz – 21.2GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$500
		(iv) 10MHz < X ≤ 20MHz	$700
		(v) X > 20MHz	$900
	Above 21.2GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$500
		(iv) 10MHz < X ≤ 20MHz	$600
		(v) X > 20MHz	$700
Radiodetermination (Non‑aeronautical)	Below 3GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$1,800
		(iv) 10MHz < X ≤ 20MHz	$3,200
		(v) X > 20MHz	$4,700
	3GHz – 5.85GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$1,000
		(iv) 10MHz < X ≤ 20MHz	$1,800
		(v) X > 20MHz	$2,500
	Above 5.85GHz	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$700
		(iv) 10MHz < X ≤ 20MHz	$1,000
		(v) X > 20MHz	$1,400
Radiodetermination (Aeronautical)	All Frequency Bands	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$2,100
		(iv) 10MHz < X ≤ 20MHz	$4,000
		(v) X > 20MHz	$5,800
Satellite (Geostationary Orbit)	All Frequency Bands	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$700
		(iv) 10MHz < X ≤ 20MHz	$1,000
		(v) X > 20MHz	$1,600
Satellite (Non‑Geostationary Orbit)	All Frequency Bands	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$1,500
		(iv) 10MHz < X ≤ 20MHz	$2,800
		(v) X > 20MHz	$4,700
Private Mobile Radio	All Frequency Bands	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$400
		(iii) 500kHz < X ≤ 10MHz	$2,500
		(iv) 10MHz < X ≤ 20MHz	$7,600
		(v) X > 20MHz	$11,300
Others	All Frequency Bands	(i) X ≤ 25kHz	$300
		(ii) 25kHz < X ≤ 500kHz	$500
		(iii) 500kHz < X ≤ 10MHz	$4,000
		(iv) 10MHz < X ≤ 20MHz	$7,700
		(v) X > 20MHz	$11,300

3.  Fees for common frequencies for in‑building or on‑site wireless systems —

(a) bandwidth of 20 MHz or less —

(i) ISM Band: $50

(ii) Non‑ISM Band: $100

(b) bandwidth of more than 20 MHz but not exceeding 50 MHz —

(i) ISM Band: $100

(ii) Non‑ISM Band: $200

(c) bandwidth of more than 50 MHz —

(i) ISM Band: $150

(ii) Non‑ISM Band: $300

4.  Fees for a block of assigned frequencies for multi‑channel radio‑communication networks and systems: $15.

[S 100/2016 wef 01/04/2016]

Part V

Fees for Ad Hoc Temporary Radio Frequency Assignment

	Bandwidth (x)		Fee
			10 days or less*		11 – 90 days
	1. x < 25 kHz		$100		$175
	2. 25 kHz < x < 500 kHz		$150		$275
	3. 500 kHz < x < 1 MHz		$450		$825
	4. 1 MHz < x < 20 MHz		$900		$1,625
	5. x > 20 MHz		$1,550		$2,800.
	*Unless otherwise determined by the Authority, a fee of $100 is payable for the use of any of the above frequencies if the period of usage or cumulative period of usage is less than 24 hours.

SECOND SCHEDULE

[Deleted by S 263/2006, wef 01/05/2006.]

THIRD SCHEDULE

Regulation 65 (2) and (4)

Conditions of Individual Station Class Licence

1.  An individual station class licensee shall comply with the technical specifications laid down from time to time by the Authority in relation to the relevant radio-communication station.

[S 461/2009 wef 02/10/2009]

2.  An individual station class licensee shall ensure that the relevant radio-communication station is approved by the Authority before it is used for connection to any telecommunication system or equipment belonging to a public telecommunication licensee, and that the relevant radio-communication station is not tampered with or modified in any manner after the approval of the Authority has been obtained.

[S 461/2009 wef 02/10/2009]

3.  An individual station class licensee shall ensure that the relevant radio-communication station is not used for any unlawful purpose.

[S 461/2009 wef 02/10/2009]

4.  The Authority may cancel or suspend an individual station class licence if it is satisfied that the individual station class licensee is contravening, or has contravened and is likely again to contravene, any of these conditions or the provisions of the Act.

[S 461/2009 wef 02/10/2009]

FOURTH SCHEDULE

Regulations 23(4) and 65A(1)

Radio-communication Station Operated by Telecommunication Licensee

1.  A femtocell with an output power limit that does not exceed 100 mW EIRP and which is connected to a telecommunication licensee’s public cellular mobile telephone system or public wireless broadband access system.

FIFTH SCHEDULE

Regulation 65A(2)

Conditions of Station (Spectrum) Class Licence

1.  A station (spectrum) class licensee shall comply with the technical specifications laid down from time to time by the Authority in relation to the radio-communication station.

2.  A station (spectrum) class licensee shall ensure that the radio-communication station is approved by the Authority before it is used for connection to any telecommunication system or equipment belonging to a public telecommunication licensee, and that the radio-communication station is not tampered with or, without just cause, modified in any manner after the approval of the Authority has been obtained.

3.  A station (spectrum) class licensee shall, at its own cost and as required by the Authority, conduct inspections of the radio-communication station in order to satisfy the Authority that the radio-communication station has not been tampered with or, without just cause, modified in any manner after the approval of the Authority has been obtained.

4.  A station (spectrum) class licensee shall ensure that the radio-communication station is not used for any unlawful purpose.

5.  The Authority may cancel or suspend a station (spectrum) class licence if it is satisfied that the station (spectrum) class licensee is contravening, or has contravened and is likely again to contravene, any of these conditions or the provisions of the Act.

6.  A station (spectrum) class licensee shall ensure that the radio-communication station operates only within the radio frequency spectrum assigned to the station (spectrum) class licensee.

7.  A station (spectrum) class licensee shall keep up-to-date records of the radio-communication station, including details of the installation location of the radio-communication station, the name of the equipment manufacturer, the model and serial number of the equipment, and the frequency, output power, date of purchase and date of disposal of the equipment, and shall submit such records to the Authority as the Authority may, from time to time, require.

[G.N. Nos. S 114/2001; S 374/2001; S 450/2001]

LEGISLATIVE HISTORY

Telecommunications (Radio-communication) Regulations

 

This Legislative History is provided for the convenience of users of the Telecommunications (Radio-communication) Regulations. It is not part of these Regulations.
1.	G. N. No. S 114/2001—Telecommunications (Radio-communication) Regulations 2001
	Date of commencement	:	2 March 2001
2.	G. N. No. S 374/2001—Telecommunications (Radio-communication) (Amendment) Regulations 2001
	Date of commencement	:	9 July 2001
3.	G. N. No. S 450/2001—Telecommunications (Radio-communication) (Amendment) Regulations 2001
	Date of commencement	:	18 September 2001
4.	2002 Revised Edition—Telecommunications (Radio-communication) Regulations
	Date of operation	:	30 September 2002
5.	G. N. No. S 707/2005—Telecommunications (Radio-communication) (Amendment) Regulations 2005
	Date of commencement	:	11 November 2005
6.	G. N. No. S 263/2006—Telecommunications (Radio-communication) (Amendment) Regulations 2006
	Date of commencement	:	1 May 2006
7.	G. N. No. S 263/2006—Telecommunications (Radio-communication) (Amendment) Regulations 2006
	Date of commencement	:	1 June 2006
8.	G. N. No. S 461/2009—Telecommunications (Radio-communication) (Amendment) Regulations 2009
	Date of commencement	:	2 October 2009
9.	G. N. No. S 20/2011—Telecommunications (Radio-communication) (Amendment) Regulations 2011
	Date of commencement	:	21 January 2011
10.	G. N. No. S 100/2016—Telecommunications (Radio-communication) (Amendment) Regulations 2016
	Date of commencement	:	1 April 2016