RADIO AND TELEGRAPH CONTROL 1

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THE RADIO AND TELEGRAPH CONTROL ACT

ARRANGEMENT OF SECTIONS

Short Title.

Interpretation.

Establishment of Advisory Committee.

Functions of Advisory Committee.

Unlicensed radio apparatus prohibited.

Minister may grant special licences.

Offence to act contrary to sections 5 and 6.

Minister may make regulations.

Dealer to have licence.

Sale by private persons.
Designation of inspectors.

Entry and search of premises.
Misleading messages and interception and disclosure of messages.

Harmfill interference.

Disposal of article seized.

Government may assume control of, use or prohibit use of station or
apparatus.

Exemption.

SCHEDULE

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RADIO AND TELEGRAPH CONTROL 3

Acts

9 of 1977,
1 of 2000

THE RADIO AND TELEGRAPH CONTROL ACT 2oof1972,

[IstJune, 1973.1 s. 74.

1. This Act may be cited as the Radio and Telegraph Short tit’e.
Control Act.

L

Interpre-
tation.

2. In this Act, unless the context otherwise requires-

“Advisory Committee” means the Radio and Telegraph
Control Advisory Committee established under
section 3 ;

“functions” includes duties and powers;

“harmful interference” means any emission, radiation or
induction which endangers the functioning of a
radionavigation or other safety service, or seriously
degrades, obstructs or repeatedly interrupts a
radiocommunication service operating lawfully;

“hertz” means one cycle per second;

“inspector” means an inspector designated under section
1 1 ;

“megahertz” means one million cycles per second;

“mobile service” means a service of radiocommunication
between mobile and fixed stations or between mobile
stations;

“mobile station” means a station in the mobile service
intended to be used while in motion or during halts at
unspecified points;

“radio” means the use of radio waves;

“radio waves” means electromagnetic waves of fre-

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4 RADIO AND TELEGRAPH CONTROL

quencies lower than three million megahertz,
propagated in space without artificial guide;

“safety service” means any radiocommunication service
used permanently or temporarily for the safe-
guarding of human life and property;

“special licence” means a licence issued under section 6;

“spurious emissions” means emission on a frequency or
frequencies outside the necessary band, the level
of which may be reduced without affecting the
corresponding transmission of information, and
includes harmonic emissions, parasitic emissions
and intermodulation products but excludes
emissions in the immediate vicinity of the necessary
band which are a result of the modulation process
for the transmission of information;

“station” means one or more transmitters or receivers, or a
combination of transmitters and receivers, including
the equipment necessary at one location for
carrying on a radiocommunication service each
station being classified by the service in which it
operates permanently or temporarily.

Establish- 3.-(1) There shall be established for the purposes of
Advisory this Act a body to be called the Radio and Telegraph Control
Committee Advisory Committee (hereinafter referred to as the “Advisory

Committee”).

(2) The provisions of the Schedule shall have effect
as to the constitution of the Advisory Committee and other-
wise in relation thereto.

rnent of

Schedule.

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U 1 0 AND TELEGRAPH CONTROL 5

4. The hnctions of the Advisory Committee shall be to Functions
advise the Minister on any matters connected with radio and Comifiee.
telegraph control referred to them by the Minister for advice,
and to hold enquiries and obtain statements fiom interested
parties in connection with any matter on which their advice has
been sought.

of Advisory

5.-(1) No person shall within the Island or its temtorial
zcensed

waters establish, maintain or use any radio station or apparatus appsrahs
without first obtaining a licence for the purpose, issued prohibited.
pursuant to regulations made under section 8:

Provided that the provisions of this section shall not apply
to-

(a) the holder of a licence granted under the Broad-
casting and Radio Redifision Act in accordance
with the provisions of that Act;

(b) any mobile station of foreign registry temporarily
in or over the Island which is covered by a valid
licence in thecountry in which it isregistered;

(c) radio and telegraph equipment designed and used
only for reception of news broadcasts transmitted
by news agencies and intended for reception by
their subscribers; or

(6) the establishment, installation or use of such radio
station or apparatus as may fiom time to time
be exempted by the Minister by regulations, which
exemption may be absolute or subject to such
terms and limitations as the Minister may prescribe.

(2) Every licence issued pursuant to regulations made
under section 8 shall spec@ the equipment to which it
relates and shall be for such period, contain such terms, and

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6 RADIO AND TELEGRAPH CONTROL

Minister
may grant
special
licences.
91 I977
s. 2 (a).

91 1977
S. 2 (b).

Offence to
act con-
trary to
sections
5 and 6 .

be subject
and in any
relation to

to such conditions as may be specified in the licence
regulations as may for the time being be in force in
that type of licence.

6.-( 1 ) Notwithstanding the provisions of section 5, the
Minister may grant to any applicant a special licence whether
exclusive or non-exclusive, to establish, maintain or use any
radio station or apparatus, for such period and on such terms
and conditions as the Minister may determine, so, however,
that the holder of a special licence granted under this section
shall conform to any regulations for the time being in force in
relation thereto.

(2) The Minister with the written consent of the holder
of a special licence granted under this section, may at any time
during the continuance in force of such licence, modify or
amend it in such manner and in such respects as he may deem
proper.

7.-( 1) Every person who establishes, maintains or uses
any radio station or apparatus in contravention of section 5 or 6
shall be guilty of an offence, and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
one thousand dollars and in default of payment, to
imprisonment for a term not exceeding twelve months.

(2) For the purposes of this Act, a person shall be
deemed to maintain in or upon any premises, vehicle, vessel or
aircraft of which he is in control or is the owner, any radio
station or apparatus found in or upon such premises, vehicle,
vessel or aircraft, as the case may be, whether such station or
apparatus is in a working condition or not.

(3) In any legal proceedings for contravention of any of
the provisions of section 5 or 6 , the burden of proving the
existence of a valid licence in respect of any radio station or
apparatus, as the case may be, shall be upon the person
charged.

?

c:

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RADIO AND TELEGRAPH CONTROL

8.-(1) The Minister may make regulations for the proper Mtntster carrying out of the provisions and purposes of this Act, and in regulattons. may make

particular but without prejudice to the generality of the
foregoing, may make regulations-

classifying the various types of radio station, and
prescribing the nature of the service to be rendered
and the frequencies which may be used by each class
of station;

prescribing the minimum performance specifications
for equipment which may be used in each class of
station, with particular reference to the power output,
necessary bandwidth, frequency stability and
spurious emissions, and prohibiting the manufacture
and importation of radio transmitters and
radiomicrophones which do not conform to the
technical specifications prescribed in respect of such
radio apparatus;

respecting the grant, revocation or suspension of
licences, the various types of licences which may be
issued, the manner in which they may be applied for,
their respective forms, the period of their validity,
and the delegation of the hnctions in respect of such
licences;

specifying the qualifications to be held by operators
of the various types of station, the classes of
certificates of proficiency which may be issued to
such operators and providing for the holding of
examinations to determine the competence of such
operators;

prescribing fees to be paid in respect of licences and
examinations and the manner in which such fees may
be paid;

in respect of watches, if any, to be maintained at the
various classes of station;

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RADIO AND TELEGRAPH CONTROL

(g) providing for the inspection of radio stations;

(h ) providing for the persons authorized in that behalf to
be notified of the characteristics of all radio stations
to which this Act applies;

(i) prohibiting or regulating the sale or use of any ap-
paratus or machinery causing or capable of causing
harmful interference to radio reception;

0') preserving the secrecy of radiocommunications not
intended for public reception;

(k) requiring users of radio stations or apparatus to ob-
serve the provisions of any International Treaty or
Convention or any bilateral or regional agreements
relating to telecommunications to which the Govern-
ment is a party, and providing penalties or for the
suspension or revocation of licences for failure to
observe those provisions;

(0 in relation to the control or use by Government
of any radio station or apparatus during a state of
emergency;

(m) providing for the operation of foreign registered or
licensed mobile stations while in or over Jamaica or
its territorial waters;

(n) in relation to mobile stations licensed in Jamaica
which are not for the time being in or over Jamaica
or its territorial waters;

(0) inrespect of the licensing of persons wishing to

the qualifications to be held by such persons;

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maintain or repair radio transmitting apparatus and c,
@) regulating the sale and demonstration of radio trans-

(9) providing for the dismantling or confiscation of any

mitting apparatus;

radio station or apparatus;
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RADIO AND TELEGRAPH CONTROL 9

(r) as respects the holding of enquiries by the Advisory

(s) prescribing any other matter or anything which may

(2) Regulations made under this section shall be sub-

Committee;

be, or is required by this Act to be prescribed.

ject to negative resolution. c
9. Every person (hereinafter referred to as a dealer) who, by Fea to

way of his trade or business, hires, sells, exchanges or deals in 1ice0~.
any radio station or apparatus save under the terms of a valid
licence issued to him for that purpose under this Act, shall be
guilty of an offence and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding one
thousand dollars and in default of payment to impiisonment for
a term not exceeding six months.

10.-(1) Any person other than a dealer, who sells,
exchanges or otherwise disposes of, any radio station or
apparatus the establishment, maintenance or use of which
requires a licence under this Act, shall within fourteen days of
such sale, exchange or disposal, as the case may be, notify the
person authorized by the Minister in that behalf of the
transaction, giving such particulars in respect thereof as may be
required by such person.

(2) Any person as aforesaid who fails to not* the
authorized person of a transaction in accordance with
subsection (l), shall be guilty of an offence, and shall be liable
on summary conviction before a Resident Magistrate, to a fine
not exceeding one thousand dollars and in default of payment
to imprisonment for a term not exceeding three months.

private

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11 .-( 1) The Minister may fiom time to time designate any

public officer by name or by the title of his office to be an tors.
inspector for the purposes of this Act.

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10 RADIO AND TELEGRAPH CONTROL

(2) An inspector may at any reasonable time enter any
premises, vehicle, vessel or aircraft where he reasonably
believes any radio station or apparatus may be found, for the
purpose of making such inspection or examination as in his
opinion may assist in the enforcement of the provisions of this
Act, and may seize and detain for such time as may be
prescribed and subject to such conditions as may be prescribed,
any article by means of or in relation to which he reasonably
believes any provision of this Act has been contravened.

>

(3) An inspector shall be furnished by the Minister with
a certificate of designation and on entering any premises,
vehicle, vessel or aircraft pursuant to subsection (2), shall, if
required to do so, produce the certificate to the person in
charge of the premises, vehicle, vessel or aircraft, as the case
may be.

(4) The owner or person in charge of any premises,
vehicle, vessel or aircraft entered by an inspector pursuant to
subsection (2) and every person found therein shall give the
inspector all reasonable assistance in their power and furnish
him with such information as he may reasonably require and
any person who obstructs, hinders or prevents any such
inspector from entering as aforesaid shall be guilty of an
offence under this Act, and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
one thousand dollars and in default of payment to
imprisonment for a term not exceeding twelve months.

(5) Any article seized pursuant to this Act may at the

vehicle, vessel or aircraft where it was seized, or may on his
direction be removed to any other place which he considers
satisfactory for the purpose.

option of the inspector, be stored or kept in the premises, (3

(6) Notwithstanding anything to the contrary an
inspector shall release any article seized by him pursuant

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RADIO AND TELEGRAPH CONTROL 1 1

to subsection (2) when all the provisions of this Act with
respect thereto have been complied with.

12.-(1) Where a Justice of the Peace is satisfied by
information on oath that there is reasonable ground for
suspecting that an offence under this Act has been or is being
committed, and that evidence of the commission of the offence
is to be found on any premises specified in the information, or
in any vehicle, vessel or aircraft so specified, he may grant a
search warrant authorizing an inspector designated under
section 1 1 and named in the warrant, with or without a
constable, to enter, at any time within one month from the date
of the warrant, the premises specified in the information or, as
the case may be, the vehicle, vessel or aircraft so specified and
to search the premises, or, as the case may be, the vehicle,
vessel or aircraft, and to examine and test any apparatus found
therein.

(2) A warrant granted pursuant to subsection ( 1 ) may
authorize the inspector named therein to seize any radio or
telegraph station or apparatus found in any premises, vehicle,
vessel or aircraft specified in the warrant and in respect of
which any offence under this Act has been or is being
committed.

(3) Any person who obstructs, hinders, or prevents any
inspector authorized pursuant to subsection ( 1) from entering
as aforesaid shall be guilty of an offence under this Act and
shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding one thousand dollars and in
default of payment to imprisonment for a term not exceeding
twelve months.

13. Any person who-

(a) by means of radio sends or attempts to send, any
message which to his knowledge, is false or mis-
leading and is, to his knowledge, likely

Entry and
search of
premises.

Misleading
messages
and inter-
ception and
disclosure of
messages.

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to prejudice the efficiency of any safety service or
endanger the safety of any person or of any vessel,
aircraft or vehicle, and, in particular, any message
which, to his knowledge, falsely suggests that a
vessel or aircraft is in distress or in need of assistance
or is not in distress or not in need of assistance; or '3

(b) otherwise than by authority of the Minister or in the
course of his duty as a servant of the Government,
either-

(i) uses any radio station or apparatus with intent
to obtain information as to the content, sender
or addressee of any message (whether sent by
means of radio or otherwise) which neither the
person using the apparatus nor any person on
whose behalf he is acting, is authorized by the
Minister to receive; or

(ii) except in the course of legal proceedings or
for the purpose of any report thereof, discloses
any information as to the content, sender or
addressee of any such message, being
information which would not have come to his
knowledge but for the use of that apparatus by
him or by another person,

shall be guilty of an offence under this Act, and shall be liable
on summary conviction before a Resident Magistrate to a fine
not exceeding one thousand dollars and in default of payment
to imprisonment for a term not exceeding six months.

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Harmful in- 14. Any person who uses any apparatus for the purpose

of causing harmful interference to any radio service shall
be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding

terference.

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RADIO AND TELEGRAPH CONTROL 13

one thousand dollars and in default of payment to
imprisonment for a term not exceeding six months.

15. Where a person has been convicted Gf an offence under " ' W J ' ~ ) ~
this Act, the court may order in addition to any other penalty, \Clred
that any article by means of or in relation to which the offence
i n respect of which he was convicted was committed, be
forfeited, and upon such order being made, such article shall be
forfeited and may be sold or otherwise disposed of as the
Minister may direct.

16.-( 1) Where it appears expedient to the Government by
reason of the existence of a state of emergency so to do, the J,,l,,,lc'
Government may assume control of, use, or prohibit the use of, Loillrol
any radio station or apparatus for such time as the Government ~ l l t , l r ll,e