Regulations On The Radio Frequency Allocation Of Authorisations

Original Language Title: Noteikumi par radiofrekvences piešķīruma lietošanas atļaujām

Read the untranslated law here: https://www.vestnesis.lv/ta/id/137102

Cabinet of Ministers Regulations No. 453 in Riga, June 6, 2006 (pr. 5. § 31) the rules on radio frequency allocation of authorisations Issued in accordance with the electronic communications law article 7 and paragraph 1 of article 50 of the i. General questions 1. determines: 1.1. procedures be submitted and examined radio frequency allocation permission request (hereinafter authorisation request), issued by radio frequency allocation or refuse permission to use this authorisation;
1.2. the procedures for requesting and receiving electronic communications Directorate (Directorate) functions as the information you need.
2. Radio spectrum for the operation of the radio equipment authorized for use only by radio frequency allocation, permission or in accordance with the shared radio frequency allocation permissions defined in the laws on radio spectrum band distribution of radio types and distribution, radio systems, as well as the use of the radio spectrum band in the General conditions.
3. Radio equipment can be used for commercial activities in the electronic communications sector in conformity with the shared allocation of radio frequencies usage rights, subject to the public service Commission the general authorisation conditions contained in the provisions relating to commercial activity for the shared use of the radio spectrum.
4. the procedure laid down in these provisions do not apply to radio frequency bands which, in accordance with the laws and regulations on the spectrum band distribution of radio types and distribution, radio systems, as well as the use of the radio spectrum band for general conditions only allocated national protection of radio systems in accordance with the laws and regulations specified in radio.
5. Other countries register for ships and aircraft fitted with radio equipment authorized for use in Latvia if it is issued in the country concerned that permission for the use of radio equipment in certain international frequencies according to the Republic of Latvia the binding International Telecommunication Union Constitution, the International Telecommunication Union Convention and the administrative provisions (hereinafter referred to as radionoteikum). 
II. the radio frequency allocation permission issued by the Directorate following 6 radio frequency allocation permissions: 6.1. installation permit;
6.2. temporary permits;
6.3. use permit;
6.4. in the short term.
7. Installation permit is a document that allows to install radio equipment or to design and installation of the radio network. Radio equipment allowed to turn on only the radio controls. Installation permit is issued for a period not exceeding two years.
8. Provisional authorisation is the Act whereby authorisation to use radio frequencies to the temporary allocations and other temporary conditions, to test the operation of the radio equipment and electromagnetic compatibility under real conditions. The temporary permit is issued for a period not exceeding one year.
9. Use permit is a document that allows radio or radio network of permanent operation. Use permit is issued for a period not exceeding that rule 15 and 16 referred to in paragraph 1, the authorities allocated an expiration date, or for a period not exceeding five years. 
10. the short-term permit is a document that allows temporary use of radio equipment of foreign registered in Latvia or radio operations demonstration at exhibitions or fairs. The short-term permit is issued to the time specified in the request for authorisation, but not beyond 30 days. If the radio equipment needed to use longer than 30 days requires the installation and use of the authorization.
11. The permit shall contain at least the following information: 11.1. authorising the data;
11.2. the requested data;
11.3. the nature of the permit (in accordance with this provision, paragraph 6);
11.4. the date of issue and expiry date;
11.5. the radio frequency allocation raksturojošo data and the conditions of use;
11.6. raksturojošo data of radio equipment;
7.3. antenna data raksturojošo;
11.8. radio equipment and antennas installation location raksturojošo data.
12. the Directorate the permit issued to the appropriate radio frequency allocation and operational conditions of the radio spectrum resource is recorded in the database.
13. in the light of the radio mix, the nature of the permit to be issued and the electromagnetic situation analysis or coordination of the allocation of the results of the international Directorate radio frequency allocations determined the protected or unprotected conditions of use: 13.1. grant to protect the conditions of use, the Directorate provides protection against harmful radio interference emissions allocations;
13.2. the grant with grant permission to use radio frequencies for specific vulnerable in terms of protection from other radio interference emissions allocations is not guaranteed.
 III. Conditions for the use of radio frequency allocations for the 14th issue of the conditions for the grant of radio frequencies issued for use are as follows: 14.1. radio equipment complies with the requirements of legislation on conformity assessment;
14.2. radio equipment complies with the national frequency plan the radio spectrum band distribution radio, radio communications systems breakdown and radiosaskarn set.
15. Radio frequency allocation, permission to use radio equipment for installation and use in commercial activity in the electronic communications sector requires in the Directorate received the public service Regulatory Commission decision on the use of radio spectrum assignment of commercial electronic communications sector electronic communication law.
16. Radio frequency allocation permission to use television and sound broadcasting Directorate, if the request received national radio and Television Council decision on broadcasting rights for television or sound broadcast radio and television law.
17. Radio frequency allocation permissions for ships or aircraft radio equipment requires Directorate, if the vessel or aircraft are registered in Latvia.

18. If payment for loading data for use in the International Telecommunication Union radionoteikum of article 58 a settlement organization, international permission request shall be accompanied by appropriate international settlement organisations written consent.
19. The provisions referred to in paragraph 14 that conditions are not binding for short-term authorizations.
20. This provision 14.1 conditions referred to are not binding with respect to the authorization of use of foreign diplomatic and consular missions of the radio regulations. 
IV. allocation of radio frequencies use authorisation and operating conditions for the installation of 21 licences or short-term permit, the person before the Setup and use of radio equipment starting in the request for authorisation submitted to the Directorate and the provision in question 1., 2. the information referred to in the annex. Setup permission request necessary data submitted also if you need to change the radio frequency allocation in fixed radio equipment installation location or operating conditions.
22. Directorate determines the specific parameters of those rules in annex 1 or 2 information on technical data (depending on the radio or the nature of the radio equipment) and the form of the submission of the information.
23. the Directorate may not require the provision of annex 1 1., 2., and 3. the documents referred to in paragraph 1 or, where the authorization message request in accordance with the procedure laid down in these provisions be submitted repeatedly and if not previously submitted documents or they are not issued.
24. Directorate layout setting permissions or permission requests for the short term, in order of receipt, shall assess the provisions referred to in chapter III of the premise and the analyses referred to in the request for authorisation of radio equipment electromagnetic compatibility with existing and planned radio communications systems. Directorate for the evaluation of the Republic of Latvia in binding International Telecommunication Union Constitution, Convention and radionoteikumo in these conditions, determine the allocation of radio frequencies, the operational conditions and the required radio frequency allocations international coordination.
25. This provision 14.1. referred to is fulfilled if the Directorate has registered the particulars of the request for authorisation referred to in radio equipment type, type or model, and parameters conform regulations on conformity assessment and the Declaration of conformity issued in accordance with the laws and regulations on conformity assessment.
26. In assessing this rule 14.2. a prerequisite for enforcement referred to, the Directorate may request that person to submit a document proving the authorisation referred to in the request for radio equipment electromagnetic compatibility with the existing or planned radiocommunication systems, if such documents are not designed for the International Telecommunication Union, European postal and telecommunications administrations in the Conference or of the European Union institutions.
27. Directorate evaluates the electromagnetic situation and take measurements of the radio equipment at the place of installation, if the radio frequency allocation is necessary to clarify the determination of electromagnetic situation analysis or raw data.
28. Directorate of international regulations and bilateral agreements on Coordination initiated coordination within the procedure where you need a radio frequency allocations international coordination.
29. following this rule 24, 25, 26, 27 or 28 of the conditions referred to in the authorising Directorate of enforcement or adopt a reasoned decision to refuse to grant the permit and notify the applicant of the authorization.
30. After installation of the radio Directorate submitted a request for authorisation (annex 3), which contains a statement about radio equipment or radio readiness network commissioning and proof of compliance with the installation parameters specified in the permit.
31. the Directorate examine the usage permissions requests, assess the fulfilment of the conditions of authorisation of installation and check the compliance of the installation of the radio authorization requirements.
32. by paragraph 31 of these rules in compliance with the conditions referred to in the Directorate shall issue authorisation or shall decide to refuse authorisation to the prevention of abuse.
33. The Directorate shall take a decision to refuse authorisation of use: 33.1. submitted false data;
33.2. these provisions are not complied with within chapter III conditions;
33.3. the Directorate of registration details of the conformity of radio equipment, radio equipment not submitted Declaration of conformity or the registered details of non-compliance with the radio regulations on conformity assessment;
20.8. these provisions are not complied with 24, 25, 26, 27, 28 or 31 of these conditions;
33.5. no paid executive services for the examination of the request for authorisation and electromagnetic compatibility.
34. a request for permission to use the appearance of the Directorate within 30 days of receiving it. This time limit may be extended if the request for permission to add information is not sufficient for the examination of the request for authorisation or if you need a radio frequency allocations international coordination. In this case, the Directorate shall inform in writing the applicant for the licence application for the examination of the reasons for the extension.
35. the use of the term of validity of the extended Directorate after receipt of a written request if: 21.8. before the expiry date of the authorisation of the holder of the authorization not received a written request for cancellation of the licence;
35.2. these provisions are not defined in paragraph 45 above limitation;
35.3. the radio equipment for the duration of the shortcomings or irregularities;
35.4. the Directorate have been paid in the electromagnetic compatibility provided assurance services;
22.1. these provisions are in force in 15 and 16 above, the documents issued by the authorities (if necessary in accordance with these terms).
36. the Directorate may cancel the authorisation in the following cases: 36.1. where provided false data;
36.2. If the holder of the authorization does not comply with the requirements laid down in the regulations for the installation and use of radio equipment, these rules or the authorisation;
36.3. If cancelled this provision in paragraph 15 and 16 of those authorities issued documents;
36.4. upon written request of the holder of the authorization;
22.7. If not paid executive electromagnetic compatibility provided provisioning services. 

37. Radio frequency allocation permissions rights may not be transferred to a third party without coordination with the Directorate and this provision 15. or 16 referred to in paragraph (if it is granted the appropriate rights of use of radio spectrum).
38. the use of the radio frequency allocation permission does not give rights to install radio equipment to another owned immovable property without the written consent of the respective real estate owner or possessor.
V. special conditions radio frequency allocation use authorisation 39. Directorate a setup application for authorisation, may decide to issue a temporary permit if the request is required that radio equipment electromagnetic compatibility testing with other radio equipment and with sound and television broadcasting receiving network under real conditions. Temporary permit issued by the Directorate for a period not exceeding one year.
40. This provision 39. in the case referred to in paragraph planned radio power on time three days previously coordinated with the Directorate.
41. following the successful operation of the radio equipment testing operating conditions this provision referred to in paragraph 39 of the provisional licence during the Directorate issued permissions for. If the inspection had not been successful, the Directorate shall take a decision to refuse authorisation of use or other radio frequency allocation and other operational conditions and issue a temporary permit for repeat testing.
42. The Directorate of installation permissions request, depending on the terms of 24, 25, 26, 27 or 28 of the conditions referred to the results of the implementation may decide to issue a permission to use without the authorization of the installation: 42.1. sea and air shipping mobile radio equipment operating on only these radio frequency will defined internationally;
26.2. mobile and portable land mobile radio equipment intended for use in existing land mobile radio networks with the use of the authorisations issued or radio networks without fixed radio equipment;
26.3. the public radio network of the fixed radio equipment.
43. Radio frequency allocations and conditions for the use of radio equipment in foreign visits of delegations of senior officials within the Ministry of Foreign Affairs coordinated with the Directorate, and that reconciliation is considered a short-term licence.
44. Before the submission of the request for authorisation of national or local executive body can coordinate with the Directorate in writing to the Authority's budget approved radio network development technical project, the project requires the amount of radio spectrum and the planned radio frequency allocations. Directorate, planning or the use of the radio spectrum analyzing electromagnetic compatibility of radio frequency bands which, in the national plan for radio frequencies allocated for sharing national defense needs, public and private electronic communications networks, take note of these harmonized requirements in projects. 
Vi. Radio frequency allocation permission restrictions on the use of allotment 45. Radio frequency authorisation holder (hereinafter referred to as the holder) may determine the appropriate radio equipment operating time, territory, and the allocation of radio frequencies usage restrictions to: ensure public protection 45.1. and security interests;
45.2. prevent harmful radio interference to other radio equipment;
45.3. free radio frequency bands for radio or other radio systems, the implementation of which is provided for in the national plan for radio frequencies;
28.2. ensure foreign delegations of senior officials visits Latvia.
46. For this rule 45, paragraph limits the Directorate shall notify the holder in writing. The holder is obliged to ensure that the requirements in the notice of the Directorate.
47. These rules 45.3. restrictions referred to the Directorate in writing notify the licence holder for at least two years before the release of the band.
48. the notice for this rule 28.1. restrictions referred to Directorate also sends these rules 15 and 16 referred to the relevant authorities.
49. The Directorate's decisions, individuals may be challenged in the administrative process, the Ministry of transport control regulations established, but national regulatory authorities, in accordance with the legislation on public administration. 
VII. final question 50. Radio frequency allocation use permissions that are granted to this Directorate rules into force, they are valid until the expiry date.
Prime Minister a. Halloween traffic Minister k. Peters Editorial Note: the entry into force of the provisions to 10 June 2006.
 
 
1. the annex to Cabinet of Ministers on 6 June 2006, regulations no 453 information to Setup permissions request to get Setup permissions, communications Directorate, which shall include or be accompanied by the following information: 1. A natural person: 1.1. indicate the name, surname, personal code, place of residence and declared the receipt of correspondence address, phone number, fax number, e-mail address, account properties;
1.2. the presentation of a passport or other identity documents;
1.3. submitted to the proxy (if the authorisation issues sort authorised person).
2. The merchant or the national regulatory authority: 2.1. submit to the company a copy of the registration certificate or the national regulatory authorities of the governing legislation;
2.2. submit a value added tax payer's copy of the registration certificate or demonstrate that the economic operator or the national regulatory authority is not a payer of value added tax;
2.3. indicates the person paraksttiesīg (driver) post, first name, last name;
2.4. provide the location of the address, phone number, fax number, e-mail address, account properties;
2.5. provide a copy of the order or other document of the officer responsible for the use of radio equipment;
2.6. submit a token (if the authorisation issues sort authorised person).
3. Depending on the intended use of radio equipment shall submit relevant additional information: 3.1 the public service Regulatory Commission a copy of the decision on the use of radio spectrum assignment of commercial activity in the electronic communications sector;

3.2. the national radio and Television Council a copy of the decision on the award of the television broadcast or sound broadcast;
3.3. the Civil Aviation Administration aircraft issued a copy of the certificate of registration;
3.4. the Latvian ship registry issued a certificate or proof of registration of the vessel;
3.5. International Telecommunication Union international settlement established in the Organization's written consent (if you plan to use the services);
3.6. other information describing and justifying the use of radio spectrum in the particular case.
4. foreign diplomatic and consular representations only contact and its data.
5. the request does not clearly identify the type of radio equipment type, model, and manufacturer, as well as specify: desired or planned 5.1 frequency and bandwidth;
5.2. the radio system, which will operate radio equipment;
5.3. data on radio and antenna installation location;
5.4. technical parameters characterising the transmitted radio signals, its intensity and the appropriate radio equipment;
5.5. planned date of installation of radio equipment.
6. at the request of the Directorate of electronic communications shall submit the relevant proof of the conformity of radio equipment, which is in accordance with the laws and regulations on conformity assessment issued by the manufacturer of radio equipment, its authorised representative or the person responsible for the distribution of radio equipment in Latvia.
7. the veracity of the data provided in the request with the signature of the paraksttiesīg or an authorized person.
8. If the person does not submit this annex 2.1., 2.2., 3.1., 3.2., 3.3 and 3.4. information referred to in the electronic communications Directorate has the right to obtain this information, regulating the administrative process law.
Traffic Minister k. Peters annex 2 Cabinet on 6 June 2006, regulations no 453 information to add to the short-term permit request for short term authorization, electronic communications Directorate, which shall include or be accompanied by the following information: 1. A natural person: 1.1. indicate the name, surname, personal code, place of residence and receipt of correspondence address, phone number, fax number, e-mail address, account properties;
1.2. the presentation of a passport or other identity documents;
1.3. submitted to the proxy (if the authorisation issues sort authorised person).
2. The merchant or the national regulatory authority: indicate the commercial companies 2.1. name and registration number or name of the national regulatory authority, and the governing law;
2.2. submit a value added tax payer's copy of the registration certificate or demonstrate that the economic operator or the national regulatory authority is not the value added tax. Non-residents do not submit this information;
2.3. indicate the location address, telephone number, fax number, e-mail address, account properties;
2.4. provide contact data;
2.5. provide a token (if the authorisation issues sort authorised person).
3. provide information that describes and justifies the use of the radio spectrum in a given case.
4. the request clearly identifies the type of radio equipment type, model and manufacturer and specify: 4.1. preferred or planned frequency and bandwidth;
4.2. radio communication system will operate radio equipment;
4.3. data regarding radio equipment and its installation location of the antenna;
4.4. technical parameters characterising the transmitted radio signals, its intensity and the appropriate radio equipment;
4.5 radio activities start and end date.
5. the veracity of the data provided in the request with the signature of the paraksttiesīg or an authorized person.
6. If the person has not submitted this item 2.2. information referred to in the electronic communications Directorate has the right to obtain this information, regulating the administrative process law.
Traffic Minister k. Peters 3. Cabinet of Ministers of 6 June 2006, regulations no 453 permissions request traffic Minister k. Peters