4714

NEW ZEALAND GAZETTE

No. 170

RADIOCOMMUNICATIONS (RADIO STANDARDS) NOTICE 2004

Pursuant to Regulation 32(1)(a), (b), (c), (d) and (j) of the Radiocommunications Regulations 2001, the Chief Executive, Ministry of Economic Development, hereby gives the following notice.

NOTICE

1. Title, commencement and purpose
   (a) This notice is the Radiocommunications (Radio Standards) Notice 2004.
   (b) This notice comes into force on.
   (c) This notice prescribes:
   (i) classes of radio transmitting products, being interfering equipment as defined in section 2(1) of the Radiocommunications Act 1989.
   (ii) the standards applicable to particular classes of products.
   (iii) the level of conformity applicable to a class of product.
   (iv) products that are exempt from the need to be the subject of a declaration of conformity.

2. Interpretation
   (a) For the purposes of table 1 of this notice:
   “ACA Radiocommunications Standard” means a standard made by the Australian Communications Authority under subsection 162(1) of the Australian Radiocommunications Act 1992.
   “ARIB” means a standard published by the Association of Radio Industries and Businesses in Japan.
   “AS/NZS” means a joint Australian/New Zealand standard under the terms of the Active Co-operation Agreement between Standards Australia International Limited and Standards New Zealand.
   “CFR” means the Code of Federal Regulations of the United States of America.
   “EN” means a standard published by the European Committee for Electrotechnical Standardisation, commonly known as CENELEC.
   “ETS” and “ETS EN” means a standard published by the European Telecommunications Standards Institute, commonly known as ETSI.
   “RFS” means a standard or specification published by the Chief Executive of the Ministry of Economic Development.
   (b) Other words and expressions contained in this notice that are defined in the Act, Regulations and notices made under the Regulations, have the meanings so defined.

3. Scope
   (a) Except for a radio transmitter operating in conformity with a spectrum licence granted under section 48(1) of the Act, every product that is a radio transmitter is subject to the provisions of this notice and may only be used pursuant to, and in conformity with:
   (i) a general user radio licence granted by the Chief Executive under the Regulations.
   (ii) a general user spectrum licence granted by the Chief Executive under section 55A of the Act.
   (iii) a radio licence granted by the Chief Executive under the Regulations.
   (iv) an exemption from the requirement for a radio licence granted by the Chief Executive under the Regulations.
   (b) The frequency, frequencies and power of a radio transmitter product to which subsection (a) applies must be in conformity with a licence, or exemption from the requirement for a licence, irrespective of any frequency, or frequencies, or transmitter power otherwise specified in an applicable standard prescribed in table 1.
   (c) If a product fits any of the following descriptions, the product is exempt from the requirement to be the subject of a declaration of conformity and to be labelled. The products are:
   (i) Short range device (SRD) radio transmitters installed in vehicles at the time of manufacture.
   (ii) military radio transmitters of the New Zealand Defence Force.
   (iii) military radio transmitters of the defence force of another country operating in co-operation with the New Zealand Defence Force.

4. Applicable standards
   (a) For the purposes of Regulation 32(1)(a), (b), (c) and (d), the applicable standards and levels of conformity apply to specified classes of product as provided in the tables to this notice.
   (b) Unless expressly stated to the contrary in this notice:
   (i) an amendment or modification to an applicable standard is effective from the date specified by the authority issuing the amendment or modification.
   (ii) a product that is first supplied 1 year or more after the effective date of an amendment or modification to an applicable standard, must conform to that amended or modified applicable standard.