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Reca Which Provisions Apply For The Services Of Communications Without Wire

Original Language Title: Reca Le Disposizioni Da Applicarsi Per I Servizi Delle Comunicazioni Senza Filo

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1. No Law which bears the provisions to be applied to wireless communications services. We the Captains Regent of the Most Serene Republic of San Marino promulgate and publish the following law approved by the Great and General Council in his March 8, 1927 Returned models: TITLE I. General provisions Standards for the concessions of radio stations. Art. 1. They are reserved to the Government in the territory of San Marino the facility and exercise, both ashore and on board aircraft, by means of electromagnetic nde communications without the use of wires connecting conductors or guided waves, as well as installations for the transmission of electrical energy at a distance for any other purpose without the use of wires. Art. 2. E 'in right of the Government to grant to any person, body or authority, whether public or private, concessions or licenses for the installation and operation of the services indicated in Article 1. Art. 3. The direction and the control of these services are reserved to the Government. Duly authorized government officials have the right to access the premises in which they are gl'impianti to perform any contr ls. Art. 4. The concessions for the plant and for the exercise of stations for wireless receivers transmitting communications for private use of commercial companies, industrial and banking and public service are granted by decree of the State Congress. The authorization, instead of implanting or exercise stations simply receivers for circular or trasmitteni radio listening and receiving stations for scientific-experimental purposes or for exhibitions, exhibitions etc., Is conferred by simple license by the Secretary of State for Foreign Affairs. The types of stations to be used for private use are only those with persistent waves. Art. 5. The concession and licenses are personal and as such those who are in possession may not, without the express permission of the Government, anch provisionally cede to others, the use of the facilities, the subject of the concession or license. Art. 6. The holder of a permit or a license is obliged to maintain and guarantee the Telegraph and Telephone secrecy and to answer for the actions of its employees. Art. 7. All concessions or licenses of both transmitting stations is receiving stations, are always intended granted without prejudice to the rights of third parties under the observance of all laws and regulations or that were issued in below. Art. 8. The duration of the concessions will be determined in the decree, but will not exceed 25 years. Art. 9. E 'in right of the Government to proceed at any time redemption of the radio installations used for the public service as the transmitting stations engaged to the broadcasting service (broadcasting) prior notice of one year. The redemption includes the disposal of all materials and equipment and possibly the buildings where is located the station and the replacement of the State in all the rights of the dealers also to third. The redemption price will be determined in agreement with the dealers and will not exceed the value of the material that is found in the work at the time of the estimate, taking into account the wear and tear to the elapsed time from the start of the year and any extensions and restores. Failing agreement, he decides inappellabilemnte a panel of three arbitrators, one chosen by the Government, one by the licensee and the third by the Law Commissioner. The Government may take possession of radio stations without waiting for the redemption price has been determined. Art. 10. Applications for concession of which the first part of article 4 must be drawn up on paper revenue from L.4 and will be directed to the Secretary of State for Foreign Affairs. They must contain: - a precise indication of the applicant and of his residence; - The indication of the nature and purpose of the concession (excluding the circular radioaudizione) and on the location of the plant; - All the necessary information in order to establish the amount of the fee to be paid; - The indication of the time period by which the grant is requested and that within which will activate the station or stations; - Conceptual designs of the plants with the relevant diagram and with the indication of the type of equipment. In support of the application must be joined the following documents on stamped paper duly legalized: a) the certificate stating what the nationality of the applicant; b) the criminal record; c) a certificate of good conduct issued by the Authority in which the applicant has his residence.
The certificates of citizenship, and the penalty of good conduct should be no earlier than three months after the date of submission of the application. When the grant is requested by a body or by a commercial company, the application must however be accompanied by a certified copy of the 'Ente tto incorporation or of the Company and the Statute of them, as well as other documents proving the place completing the formalities required because the establishment of the authority and of the company to be perfect and to demonstrate what state administrators are citizens and what nationality belongs the capital of which the institution or the company has. Art. 11. The projects of maximum of the plants mentioned in the previous article may be implemented only after approval by the Government which has the right to impose changes to the main technical characteristics (power and wavelength) ell'intento to prevent disturbances that could result to other concessionaires. With the exception of users of the circular radio listening service all those who are entitled to use the radio installations must abide by the rosters established by the Government. Art. 12. For the transmitting stations of wireless communications of any nature or guided wave, restaurant run by any public or private, the staff in charge of the operation of the plants will have to be provided with a regular teaching certificate or, in the case of station destined to sweat and experiments, the same staff must have ir requirements prescribed purpose. E 'it is given the opportunity to the Government to impose the concessionar the dismissal of the staff of public policy reasons not result to his liking, as well as to prohibit the hiring for the same reasons. Art. 13. The dealers of stations for wireless communications transmission or reception for private use, excluding any communications on behalf of third parties, the state will pay an upfront annual fee which will be established in the concession decree within the limits of L.300 L .12.000. In the case of temporary licenses for the installation and use of radio stations transmitting on the occasion of exhibitions, shows and sporting and business events etc. the monthly fees due to the State will be between L.100 and L.500. For determining the scope of the fee will be given the power of the plants, the distance of the corresponding stations and the importance of service. Dealers of guided wave systems for private use will pay a fixed annual fee of ITL percent for each communication circuit of no more than three kilometers of line and does not consist of more 'than two stations. For each station in more 'you must be paid fifteen pounds and for each kilometer or part thereof over the first three, ten pounds. A guarantee for the payment of those fees these concessionar will then pour into the state cash a security deposit equal to one annat the fee itself. This deposit must, on pain of revocation of the concession, be restored when the government is forced to assert the same deposit due to non-payment of the fee. Art. 14. For serious and special reasons the Government may at its sole discretion to suspend, limit or take the exercise of granted stations. If it is affected by the suspension will be entitled to order of Government to ensure that the measure is affixed to the seizure of the station or are removed the essential equipment for its operation. For the above mentioned cases the radio stations dealers engaged in public service will not be entitled to any compensation. For the above mentioned cases the radio stations dealers engaged in public service will not be entitled to any compensation. Art. 15. The concessions and licenses referred in the first part of Art. 4 may, irrespective of the possible penalties, be revoked at any time without any compensation therefore is due to: a) where the licensee has lost or changed even one of the ends of art. 10 and in the case of companies or organizations, when capital is no longer 'mainly of the initial nationality or otherwise the Company becomes less than the statutory rules approved by the Government; b) when gl'impianti not meet the technical conditions prescribed or disturb other stations for wireless communications used as service of the State or for public use; c) when the stations are used for purposes other than those under which the concession or license has been issued; d) in case of serious and repeated infringements of other obligations assumed by the holder of the concession or license. Art. 16.
If for non-compliance or for any faults of dealers to radio transmitters or receivers, you do rise to the revocation of the concession, the Government may forfeit the deposit paid by the dealer, without prejudice to any legal proceedings that to him can compete Administration or to third. Art. 17. Against the governmental decisions, they are not allowed appeals through the courts. Art. 18 Any infringement of art. 1 of this Act is punishable by a fine of up to L. 2000 and by imprisonment up to one year, which penalties are applied together or separately depending on the circumstances. E 'on the faculty of the Magistrate to order the confiscation of the equipment. Pending the criminal proceedings, the Government may, however, for reasons of public policy decreeing the immediate seizure of the plants and to provide, if they believe, their removal or their direct management. Anyone, without the express permission of the Government interceptions and propali by any means the contents match the radiotelegraph or radiotelephone or it serves unduly for any purpose shall be punished with imprisonment from six months to five years and a fine of from Lire 1000 lire 5000. Art. 19. Anyone adversely failure or deterioration to facilities engaged in radio communications such as government and public use in broadcasting purpose, or in any way compromise or even temporarily stop the service, or abuse of the distress signal reserved for airships endangered, it shall be punished with imprisonment from one month to five years. TITLE II. Licenses for the installation and the use of stations intended lla receipt of circular broadcasting and transmitting and receiving stations for scientific-experimental purpose. Art. 20. Any person intending to receive circular radioauditive transmissions must be equipped with a special license from the Secretary of State for Foreign Affairs. For the achievement of such license must: 1 - apply on plain paper to the government agency responsible indicating the exact address; 2 - Office of the Register pay the license fee of L. 30; 3 - show the receipt together with the application from which ris lti that the applicant has paid the fee to the concessionaire of the ordinary annual abandonment. The user will need in case of change of domicile render immediately informed the government offices from which the license was issued. Art. 21. The public exercises and all those who use the equipment for the purpose of direct or indirect profit special will sign subscription contracts with the concessionaire. Traders and retailers of radio equipment acts or adaptable to the reception are required to pay for each stock sales the license fee and the normal subscription rate in the previous article. Art. 22. In the plant and in the use of stations intended for the reception of circular broadcasts the users served must comply with the following technical standards: 1) Aircraft) will have to be constructed to ensure the safety of people and the use of things ; b) can not be texts on public areas or public use, except in cases of absolute necessity and with the observance of the provisions and local regulations; c) the aircraft wire should not cross, or be placed above or below telegraph and telephone wires or transmission of electricity; d) the aircraft will have a maximum length of thirty meters; e) the aircraft supports should not have a greater height of five meters if placed on the roofs of buildings or on terraces. When planting these brackets and planes you will have to get the consent of the building owner or owners of apartment buildings; f) any support will have to be arranged in a way that interferes less with the serving properties and be likely to present in themselves and in their support punt the necessary strength; g) is inhibited the attachment to the supports of the telegraph and telephone lines and maximum to the supports used for other purposes; h) must be kept to the aircraft to be grounded during lightning storms; i) no restriction is placed for aircraft interiors or frame. 2) Equipment a) The schemes of crystal devices, even if followed by one or more 'low-frequency amplification stages, are not subject to any restriction; b) the same applies to the valve apparatus making use of an internal antenna or frame; c) devices intended for use in the reception with outside air must, to avoid interference to other equipment, be such as to give rise to sensitive osc lations on the plane. Art. 23. Those who make use of receiving stations peril of broadcasting service for the service
circular broadcasts without holding the required license, will be applied a fine of 200 lire, and this without prejudice to the three penalties they had incurred, the confiscation of the machines and the payment of royalties and license fee does not paid. Art. 24. Anyone wishing to establish and use for study, scientific research, evidence and experiences, a 'radio broadcasting station must get licensed by governmental authorities. the granting of broadcasting stations licenses shall not be allowed to simply delight purpose. Art. 25. The stations considered in the preceding article shall be subject to an annual fee of Lire 100. The licenses in question are granted for a period not exceeding one year and shall be issued only to those who can prove, by showing a securities study, to own culture and skills to provide safe custody of seriousness in the execution of the experiments. Art. 26. Applications for those licenses should be addressed to the Secretary of State for Foreign Affairs. Applications will contain not only the titles indicated in the previous article 25, of the following documents: a) certificate stating the nationality of the applicant; b) criminal record; c) certificate of good conduct issued by the Authority in which the applicant has his residence; d) an act of submission of application form signed by the applicant. The citizenship certificates, penalty and good conduct must be legalized and not older than three months to that of submission of the application. If the applicant is a minor, the question ol 'tto of submission must be signed by the parent or legal guardian, who will be the tenu civilly responsible for regular use of the license. However, such licenses will not be granted to those whose age is less than 18 years. Art. 27. The radio stations transmitting in the preceding article must be of the type with persistent waves. The power should not exceed 40 watts power. The wavelength of the wave to be used must be comprised in one of the following ranges. 3 to 4:50 - 17 19 - 42 45-75 78 - 96. Art. 28. The indicative of said stations will be awarded dl Government and noted in the license sheet. Art. 29. The text of the messages transmitted by the stations referred to in Art. 24 of the previous Act shall contain only information relating to experiments. And 'therefore strictly it prohibited the transmission of the current character news, commercial or personal. Users of transmitting stations will transcribe and special register made the broadcasts. The hours of broadcasts will be indicated in the license sheet. Art. 30. The receiving radio stations for the purpose of experiment or study is subject only to the payment of the license fees and license fees established for the reception of circular broadcasts. Art. 31. The licenses for the installation and use of electric radio sending and receiving stations for the purpose of study and experiment may be awarded to institutions of government education or balanced. The license will be addressed to the Director of the Institute, which will be held personally responsible for the use of the station. The above institutions are exempted from the payment of the annual fee of Lit 100 and the license fee and the subscription fee to the circular radio listening. E 'obligation to comply with the same institution in addition to the general requirements, to those set out in Articles 7, 28 and 29 of this Law. Transitional provisions Art. 32. For all the radiotelegraph and radiotelephone stations so far existing in the territory of San Marino has to wonder if that had not happened, the regular concession or license within one month of publication of this Act and all devices intended for transmission and recezioni radiotelegraph and radiotelephone trovantisi held by public and private entities, must be notified in writing to the Secretary of State for Foreign Affairs within 14 days from the date of publication of this Law. Given at Our Residence, this day of March 8, 1927. THE CAPTAINS REGENT Giuliano Gozi - Roger Morri p. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Francesco Morri