Law on amateur radio (Amateur Radio Act-AFuG 1997)

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AFuG 1997

Date of completion: 23.06.1997

Full quote:

" Amateur Radio Act of 23 June 1997 (BGBl. 1494), as last amended by Article 4 (113) of the Law of 7 August 2013 (BGBl I). I p. 3154).

Status:

Last amended by Art. 4 Abs. 113 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 28.6.1997 + + +) 

  

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§ 1 Scope

This law lays down the conditions and conditions for participation in the amateur radio service. Unofficial table of contents

§ 2 Definitions

For the purposes of this law,

1.

Radio amateur of the holder of an amateur radio certificate or a harmonised amateur radio certificate on the basis of the provisions of 9/1995 of the Federal Ministry of the Post and Telecommunications of 11 January 1995 (Official Journal p. 21), which shall be accompanied by the Amateur radio service of personal inclination and not of industrial-economic interest,

2.

Amateur radio service, a radio service provided by radio amateurs among themselves, to experimental and technical-scientific studies, to their own further training, to international understanding and to support relief actions in emergency and disaster situations , the amateur radio service shall include the use of space radio stations. The amateur radio service and the amateur radio service via satellite are not security radio services,

3.

an amateur radio station, a radio station consisting of one or more radio stations and radio stations, including the antenna installations and the additional equipment required for their operation, and which shall be located on at least one of the radio stations and the equipment required for their operation; Frequency use plan for the amateur radio service frequencies can be operated.

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§ 3 Conditions for participation in amateur radio service, call sign, frequency allocation

(1) The regulatory authority (§ 10) allows a natural person, with the simultaneous allocation of a person-bound call sign, on request to participate in the amateur radio service if it successfully stores a technical examination for radio amateurs. or an amateur radio examination certificate in accordance with § 2 no. 1. (2) The regulatory authority shall notify the radio amateur to other callsigns on request. The Federal Ministry of Economics and Technology is authorized to regulate the procedure for the allocation and details of the use and use of callsigns by means of a decree law. (3) An amateur radio station may not be granted until after the admission to the Participation in the amateur radio service and the allocation

1.

of a person-bound call sign,

2.

a call sign for training radio operations; or

3.

a call sign for remote and automatic amateur radio stations; or

4.

a call sign for club stations

shall be operated by the radio amateur. (4) The regulatory authority may, with the maintenance of the authorisation to participate in the amateur radio service, amend the call sign assigned to it for important reasons, in particular in the event of changes in international specifications. Without prejudice to Article 49 (2) of the Administrative Procedure Act, it may revoke the authorisation to participate in the amateur radio service, with the simultaneous withdrawal of the assigned call sign, if the radio amateur continues against this law or against (5) The Act of 25 July 1996 (BGBl) in the Radio Spectrum Development Plan (§ 46 of the Telecommunications Act of 25 July 1996). 1120) for the amateur radio service, frequencies are assigned to a radio amateur resident in Germany when one or more callsigns have been assigned to him. Unofficial table of contents

§ 4 Technical examination, recognition of amateur radio products of foreign administrations

(1) The Federal Ministry of Economics and Technology is authorized, by means of legal regulation, to carry out the implementation and the content requirements of the technical examination for radio amateurs, the training radio operation, the division of the various Types of amateur radio certificates and the recognition of foreign amateur radio certificate certificates if they are equivalent to a German amateur radio certificate. With the passing of the technical examination, the knowledge, skills and skills of an independent and responsible participation in the amateur radio service will be demonstrated. (2) Any natural person residing in Germany shall be present at the request of the professional examination for radio amateurs. An amateur radio certificate (§ 2 No. 1) is issued on the subject of the substantive examination referred to in paragraph 1. (3) Foreign radio amateurs who are subject to the conditions of the 8/1995 of the Federal Ministry of Post and Telecommunications of 11 January 1995 (Official Journal p. 18) and do not have permanent residence in Germany, an amateur radio station may operate in Germany for up to three months. Unofficial table of contents

§ 5 Rights and duties of the Funkamateurs

(1) The radio amateur shall only use a call sign assigned to him by the regulatory authority. (2) The radio amateur shall be entitled to use a call sign assigned by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways. by way of derogation from the provisions of the Law on Radio Equipment and Telecommunications Terminal Equipment of 31 January 2001 (BGBl. 170), to operate a commercially available or self-made amateur radio station, as well as transmission systems which are converted into amateur radio stations. (3) The radio amateur shall only be allowed to use his amateur radio station to the frequencies referred to in § 3 (5). (4) An amateur radio station may

1.

not for commercial and economic purposes, and

2.

not for the purpose of the commercial operation of telecommunications services

(5) The radio amateur can only handle radio traffic with other amateur radio stations. The radio amateur shall not transmit for and to third parties any news which does not concern the amateur radio service. Sentence 2 shall not apply in emergency and disaster situations. Unofficial table of contents

§ 6 Technical and operational conditions

The Federal Ministry of Economics and Technology is authorized to make technical and technical recommendations, taking into account international agreements and other international recommendations relating to the amateur radio service, by means of a legal regulation. setting operational framework conditions for the implementation of the amateur radio service, in particular for:

1.

the planning and updating of the frequencies for relay radio stations designated in the Radio Spectrum Development Plan for the Amateur Radio Service as remote and automatic amateur radio stations;

2.

the creation and publication of a list of the assigned German call signs and their holders, and

3.

the operation of amateur radio stations on water and in aircraft, and

4.

Method for the elimination of electromagnetic intolerances between an amateur radio station and other devices within the meaning of the Act on the electromagnetic compatibility of equipment.

The authorization pursuant to sentence 1 may also include the regulation implementing the amateur radio law in the adjusted version published in the Bundesgesetzblatt, Part III, section 9022-1-1, as last amended by the Regulation of 15 April 1985 (BGBl. I S.637). Unofficial table of contents

§ 7 Protection requirements

(1) By way of derogation from the other provisions of the Law on the Electromagnetic Compatibility of Operating Means of 26 February 2008 (BGBl I), in the operation of an amateur radio station. 220) only comply with the essential requirements to ensure the electromagnetic compatibility according to § 4 (1) (1) of the Act. The requirements laid down in the regulation according to § 6, first sentence, no. 4 must be taken into account. (2) The radio amateur shall be entitled to comply with the essential requirements of Article 4 (1) (2) of the Act concerning the electromagnetic compatibility of operating equipment. , and may determine the degree of immunity of its amateur radio station itself. If the amateur radio station does not comply with the essential requirements of Article 4 (1) (2) of the Act on the electromagnetic compatibility of operating equipment, the radio amateur shall have electromagnetic interference with its radio amateur radio station by means of (3) The radio amateur has the Federal Network Agency for Electricity, Gas, Gas, Electricity and Gas, and the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways before operating the calculation documents and to present the supplementary measurement protocols for the most unfavourable antenna configuration of its amateur radio station. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall issue a location certificate upon request. § 12 of the Act on radio equipment and telecommunications terminal equipment shall apply to this extent. Unofficial table of contents

§ 8 Fees and Deposits

Charges and levies are levied on individually attributable public services under this Act. The Federal Ministry of Economics and Technology is authorized, in agreement with the Federal Ministry of Finance, to determine the fees for the Federal Ministry of Finance under the terms of the Federal Law on Fees for

1.

the issue of amateur radio certificates after having passed the technical examination,

2.

authorisation to participate in the amateur radio service and the allocation of call signs,

3.

the issue of harmonised examination certificates,

4.

the withdrawal and rejection of applications for the individually attributable public services referred to in points 1 to 3, as well as the withdrawal of such individually attributable public services,

5.

the arrangement of the limitation of the operation or the decommissioning of an amateur radio station; and

6.

the transfer of the list of the assigned German call signs and their holders.

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§ 9 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

against

a)

§ 3 (3) or

b)

Section 5 (4) (2)

operates an amateur radio station, or

2.

contrary to § 5 (5) sentence 2, a message is sent.

(2) In the cases referred to in paragraph 1 (1) (b), the administrative offence may be punishable by a fine of up to ten thousand euros and in the other cases with a fine of up to five thousand euros. (3) Administrative authority within the meaning of section 36 (1) no. 1 of the Law on Administrative Offences is the regulatory authority. Unofficial table of contents

Section 10 responsibilities

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) is responsible for the tasks arising from this Act and the legal regulations issued pursuant to this Act (Section 66 (1) of the Telecommunications Act). It is also the duty of the regulatory authority to monitor compliance with this law and the legal regulations adopted pursuant to this Act. (2) The tasks and powers conferred on the regulatory authority under this Act shall be: (3) In the preparation of legal regulations to be adopted pursuant to this Act, the Federal Ministries may, in accordance with the provisions of the Common Rules of Procedure, the Federal Ministries The representatives of the participating experts or associations are informed and Submission of documents and the opportunity to receive an opinion. Unofficial table of contents

§ 11 Operating restrictions and prohibitions

(1) The regulatory authority may, in the event of an infringement of this law or against legal orders issued under this Act, order a restriction of the operation or the decommissioning of amateur radio stations. (2) The immediate Enforceability of operating restrictions or operating prohibitions shall be ordered by the regulatory authority if there is a risk of danger to the body and life of another or of a foreign matter of significant value. The same applies if it is to be feared that the radio amateur uses frequency ranges which are assigned to other radio services and that there is a risk that this will cause considerable interference with these radio services. Section 80 (2) (4) of the Administrative Court shall remain unaffected. Unofficial table of contents

§ 12 Transitional Regulation

The authorisations to establish and operate amateur radio stations which have been granted up to the date of entry into force of this Act shall continue to apply in accordance with the provisions of this Act. Unofficial table of contents

Section 13 Entry into force, external force

This Act shall enter into force on the day after the announcement.