Law On Amateur Radio

Original Language Title: Gesetz über den Amateurfunk

Read the untranslated law here: http://www.gesetze-im-internet.de/afug_1997/BJNR149400997.html

Law on the ham radio (amateur radio law - AFuG 1997) AFuG 1997 copy date: 23.06.1997 full quotation: "amateur radio law of 23 June 1997 (BGBl. I p. 1494), most recently by article 4 paragraph 113 of the law of 7 August 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 4 para 113 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 28.6.1997 +++) § 1 scope this law regulates the terms and the conditions for participation in the amateur radio service.

Article 2 definitions for the purposes of this Act is 1 radio amateur of the holder of an amateur radio certificate or a harmonised amateur radio examination certificate on the basis of the available 9/1995 of the Federal Ministry of post and telecommunications of 11 January 1995 (Official Journal S. 21), which deals with the amateur radio service from personal inclination and not commercial economic interest, 2. amateur radio service a radio service of amateur radio operators, to experimental and technical scientific studies that perceived to own continuing education, international understanding and to support relief operations in emergency and disaster cases; the amateur radio service includes the use of space stations. The amateur radio service and the amateur satellite service are not safety radio service, 3. amateur radio station is a radio station, the auxiliary equipment necessary for their operation from one or more send radio equipment and radio receiver including the antenna system and the and which can be operated on at least one of the frequencies in the frequency utilisation plan for the amateur radio service.

Section 3 requirements to participate in the amateur radio service, call sign, frequency allocation (1) which makes regulatory authority (section 10) to a natural person under the simultaneous allocation of personal call mark on request to participate in the amateur radio service if they successfully passed a professional examination for radio amateurs or an amateur radio examination certificate presented according to § 2 No. 1.
(2) the regulatory authority shares more callsign to the radio amateur at the request. The Federal Ministry of Economics and technology is authorized by regulation to govern the procedure of allocation and details of the application and sharing by call sign.
(3) an amateur radio station must be operated only 2 a call sign for the training operation or 3 a call sign for remote and automatic amateur radio stations or 4 a call sign for Club stations following approval to participate in the amateur radio service and the allocation of 1 a personal call sign by the radio amateur.
(4) the regulatory authority can change assigned callsign for important reasons, in particular for changes by the international requirements while maintaining the approval to participate in the amateur radio service. She can revoke the authorisation to take part in the amateur radio service under simultaneous withdrawal of allocated callsigns without prejudice to § 49 para 2 of the Administrative Procedure Act, if the radio amateur adopted regulations continued against the law or against on the basis of this Act.
(5) that in the frequency utilisation plan (§ 46 of the Telecommunications Act of July 25, 1996 - Federal Law Gazette I S. 1120) for the amateur radio service designated frequencies are a radio amateur with residence in Germany as allocated, if one or more call sign are allotted to him.

§ 4 technical examination, recognition of amateur radio certificates of foreign administrations (1) the Federal Ministry of Economics and technology is authorized to regulate the conduct and the content of the technical requirements for amateur radio operators, training radio operation, the classification of different types of amateur radio certificates and the recognition of foreign amateur radio examination certificates, when they are equivalent to a German amateur radio certificate, by regulation. The knowledge, abilities and skills to an independent and responsible participation in the amateur radio service be demonstrated with the Professional exam.
(2) any natural person resident in Germany is to allow for the professional examination for amateur radio operators on request. Passed the expert examination referred to in paragraph 1 is an amateur radio certificate (§ 2 No. 1) granted.
(3) foreign radio amateurs who qualify available 8/1995 of the Federal Ministry of post and telecommunications of 11 January 1995 (official journal, p. 18) and have a permanent residence in Germany, may operate an amateur radio station in Germany up to three months.

Article 5 rights and obligations of the radio amateurs (1) who can ham just a him use of the regulatory authority allocated callsign.
(2) with one by the Federal Network Agency for electricity, gas, telecommunications, post and railways assigned call sign of radio amateur is entitled, by way of derogation from the law on radio equipment and telecommunications terminal equipment by January 31, 2001 (Federal Law Gazette I p. 170) set conformity assessment procedures, to operate a commercial or home-made amateur radio station, as well as transmitters, which are converted to amateur radio stations.
(3) the radio amateur may send with his amateur radio station only on in section 3 para 5 mentioned frequencies.
(4) an amateur radio station must be operated 1 not too commercial economic purposes and 2 not for the purpose of regulating providing telecommunications services.
(5) the radio amateur may handle radio communications only with other amateur radio stations. The radio amateur may not transmit messages that relate to the amateur radio service, for and to third parties. Sentence 2 shall not apply in emergencies and disasters.

§ 6 technical and operational framework the Federal Ministry of Economics and technology is authorized to set the technical and operational framework for the implementation of the amateur radio service by regulation, taking into account international agreements and other international recommendations concerning the amateur radio service, in particular for 1 the planning and updating of frequencies in the frequency utilisation plan for the amateur radio service for relay stations as remote and automatic amateur radio stations, 2. the creation and publication of a directory of allocated German call sign and their owners, and 3. the operation of amateur stations Water - and air vehicles and 4. procedures to eliminate electromagnetic incompatibility between an amateur radio station and other devices within the meaning of the law on the electromagnetic compatibility of equipment.
With the authorisation pursuant to sentence 1, also the regulation on the implementation of the law on amateur radio in the Federal Law Gazette Part III may, outline number adjusted 9022-1-1, published version, as last amended by the Decree of 15 April 1985 (Federal Law Gazette I S. 637), are repealed.

§ 7 protection requirements (1) the operation of an amateur radio station are notwithstanding the other provisions of the law on the electromagnetic compatibility of equipment by February 26, 2008 (Federal Law Gazette I p. 220) only the basic requirements to ensure of the electromagnetic compatibility according to § 4 para 1 No. 1 of the Act to comply with. Requirements set are no. 4 in the regulation according to § 6, sentence 1 note.
(2) of the basic requirements according to § 4 para 1 No. 2 of the law on the electromagnetic compatibility of equipment shall not deviate the radio amateur and can determine the degree of immunity of his amateur radio station itself. The amateur radio station meets the essential requirements pursuant to § 4 para 1 No. 2 of the law on the electromagnetic compatibility of equipment, the radio amateur must accept electromagnetic interference of his amateur radio station through other resources if they meet the basic requirements according to § 4 of the law on the electromagnetic compatibility of equipment.
(3) the radio amateur has the Federal Network Agency for electricity, gas, telecommunications, to present the calculation notes and the complementary measurement protocols for the most unfavourable antenna configuration for his amateur radio station post office and railways before starting operation. The Federal Network Agency for electricity, gas, telecommunications, post and railways exhibits a site certificate on request. Article 12 of the law on radio equipment and telecommunications terminal equipment applies in this respect.

Article 8 fees and expenses for individually attributable public services pursuant to this Act are fees and disbursements charged. The Federal Ministry of Economics and technology is authorized, in consultation with the Federal Ministry of finance by regulation under the federal charges Act to set the fees for 1 the licensing of amateur radio certificates after passing the Professional exam, 2. approval to participate in the amateur radio service and the allocation of call sign, 3. issuing harmonised inspection certificates, 4. the withdrawal and rejection of individually attributable public services referred to in the requests in paragraphs 1 to 3, as well as the revocation of such individually attributable public Services, 5. the arrangement of the restriction of the operation or decommissioning an amateur radio station and 6 providing the list of allocated German call sign and their owners.
§ 9 penalty provisions (1) any person who intentionally or negligently 1 is contrary to a) § 3 ABS. 3 or b) § 5 ABS. 4 operates an amateur radio station No. 2 or 2. contrary to article 5, paragraph 5, sentence 2 delivers a message.
(2) the offence may in the cases of paragraph 1 No. 1 letter b with a fine of up to ten thousand euros, in other cases a fine punishable up to five thousand euros.
(3) management authority, no. 1 of the code of administrative offences is the regulatory authority in the sense of § 36 para 1.

§ 10 jurisdiction (1) that takes tasks arising from this Act and the regulations adopted on the basis of this Act the Federal Network Agency for electricity, gas, telecommunications, post and railways right (article 66 par. 1 of the Telecommunications Act). The regulatory authority is also to monitor compliance with this Act and the regulations adopted on the basis of this Act.
(2) the powers and functions assigned to the regulatory authority pursuant to this Act are perceived by the Federal post and telecommunications until December 31, 1997.
(3) in the preparation of rules of procedure of the federal ministries, which shall inform the representatives of the participating professionals or associations and are asked to transfer documents, as well as opportunity to comment can get from under this Act to some regulations pursuant to the common.

§ 11 can the regulator operating limitations and whether (1) infringements of this law or against on the basis of this Act issued regulations order restricting operation or decommissioning of amateur radio stations.
(2) the immediate enforceability of operating restrictions or operating bans should be arranged by the regulatory authority if fear is a danger to life and limb of another or a foreign goods of significant value. The same applies if fear is that the amateur radio operator uses frequency ranges, the other radio services are assigned to and there is a danger that this caused significant interruptions to these radio services. § 80 paragraph 2 No. 4 of the administrative court procedure shall remain unaffected.

§ 12 the permits for the mounting and operation of amateur radio stations granted up to the entry into force of this Act continue to apply transitional arrangements in accordance with this Act.

Article 13 entry into force, expiry of this law enters into force on the day after the announcement.