21 DECEMBER NEW ZEALAND GAZETTE 5475

In the event that frequency change is required, all costs are the sole responsibility of the licensee.

6. Except in emergencies the base radio apparatus, to which the licence relates, shall not communication with any other land base radio apparatus.

7. The apparatus, to which the licence relates, shall only be established and operated at the location(s) specified on or annexed to the licence.

8. The licence is valid for the period specified on the front of the licence. The licence may be revalidated upon payment of the prescribed fee as set out in the THIRD SCHEDULE of the Radio Regulations 1987.

Ninth Schedule

Clause 10

Terms, conditions, and restrictions applying to Radio Station Licences [Type of Service: Land Mobile] and to Land Mobile Radio Apparatus Licence (Two Frequency).

1. The licence permits the use of radio apparatus for the conduct of land mobile Radiocommunication within the approved coverage area.

2. The apparatus, to which the licence relates, must be type approved or type accepted (Certificate of Compliance) to a specification issued by the Secretary and stated on the licence.

3. Nothing in the licence, the International Radio Regulations 1982, the Telecommunications Act 1987, or the Radio Regulations 1987, prohibits any person in distress from using any means at that person’s disposal to attract attention, indicate the person’s position, and obtain assistance.

4. The apparatus, to which the licence relates, shall operate only on the frequency(ies), emission(s) and power(s) shown on the licence for the purpose specified on or annexed to the licence.

5. All reasonable care has been used in making radio frequency assignments. The nature of frequency assignments is such that no guarantee can be made that implementation and use will be trouble free. Accordingly the Crown does not accept liability under any circumstances for any loss or damage of any kind. In the event that frequency change is required, all costs are the sole responsibility of the licensee.

6. Except in emergencies, no base radio apparatus to which the licence relates, shall communicate with any other base radio apparatus without written approval from the Secretary.

7. The repeater base radio apparatus, to which the licence relates, shall be installed only at the location(s) specified on or annexed to the licence.

8. The licence is valid for the period specified on the front of the licence. The licence may be revalidated upon payment of the prescribed fee as set out in the THIRD SCHEDULE of the Radio Regulations 1987.

9. Additional terms, conditions and restrictions applying to the licence:

   1. The licence is subject to all the terms and conditions imposed by Regulation 12 of the Radio Regulations 1987.
      Note particularly:
      R12 (2) The holder of a licence granted under sub-clause (1) of this regulation may enter into agreements with persons wishing to communicate on the frequency specified on the licence.
      R12 (3) The terms of every such agreement shall be deemed to include a condition that the user of the frequency shall comply with all terms, conditions, and restrictions applying to the licence.

   2. In addition:
      (a) the Licensee is required to notify the conditions of this Schedule to any user authorised by the Licensee to use the channel pursuant to an agreement under Regulation 12 (2);

   (b) the Licensee is to maintain a list of users and produce this list on request to the Secretary;

   (c) the Licensee is not permitted to enter into an agreement under Regulation 12 (2) that does not conform with the licence, or the provisions of the Telecommunication Act 1987 and Radio Regulations 1987;

   (d) the Licensee may not grant or assign to any user or any other person any right to enter into an agreement to grant or assign the use of a channel to a third person without the approval in writing of the Secretary;

   (e) where the Secretary has agreed that payment is to be at quarterly or other intervals, the licence will become invalid unless payment of the fee is made by the due date;

   (f) there will not be any refund of licence fees for a channel or channels relinquished during the licensing year.

Tenth Schedule

Clause 11

Terms, conditions, and restrictions applying to Ship Radio Station Licences and to Maritime (Ship) Radio Apparatus Licences.

1. The licence permits the use of radio apparatus for the conduct of Radiocommunication in the “Maritime Mobile Service” as defined in the International Radio Regulations 1982, as “A mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations; survival craft stations and emergency position indicating radio beacon stations may also participate in this service.”

2. The apparatus, to which the licence relate, must be type approved or type accepted (Certificate of Compliance) to a specification issued by the Secretary and stated on the licence.

3. Nothing in the licence, the International Radio Regulations 1982, the Telecommunications Act 1987, or the Radio Regulations 1987, prohibits any person in distress from using any means at that person’s disposal to attract attention, indicate the person’s position, and obtain assistance.

4. The apparatus to which the licence relates, shall operate only on the frequency(ies), emission(s) and power(s) stated on the licence for the purpose specified on or annexed to the licence.

5. All reasonable care has been used in making radio frequency assignments. The nature of frequency assignments is such that no guarantee can be made that implementation and use will be trouble free. Accordingly the Crown does not accept liability under any circumstances for any loss or damage of any kind. In the event that frequency change is required, all costs are the sole responsibility of the licensee.

6. The licence is valid for the period specified on the front of the licence. The licence may be revalidated upon payment of the prescribed fee as set out in the THIRD SCHEDULE of the Radio Regulations 1987.

Eleventh Schedule

Clause 12

Terms, conditions, and restrictions applying to Radio Station Licences [Type of Service: Coast] and to Maritime (Coast) Radio Apparatus Licences.

1. The licence permits the use of radio apparatus for the conduct of Radiocommunication in the “Maritime Mobile Service” as defined in the International Radio Regulations 1982, as “A mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations; survival craft stations and emergency position indicating radio beacon stations may also participate in this service.”