Appendix 1: Possible implementation framework for option 2 - Non exclusive licensing

The MED would issue interested parties with an annually renewable non-exclusive radio licence at an administrative cost of $300 per annum. The licence class implemented would be the ‘miscellaneous (radio and spectrum’) licence for Radio transmitters emitting 30dBW e.i.r.p. or more (class of licence code OZ3).

The MED, in accordance with Section 5 and 6 of the Radiocommunications Act 1989, maintains a record of all licenses granted in the Register of Radio Frequencies. This information would be used to;

1. ensure licensee information is available to assist effective management and long term planning of the 70 – 90 GHz band;
2. enable licensees to contact one another for the purpose of radio coordination (i.e. self regulate);
3. enable interference management and resolution; and
4. enable the MED to conduct radio licence audits.

Effective Management and Long-term Planning

Effective management and long-term planning is supported as follows.

In accordance with Regulation 8 of the Radiocommunications Regulations 2001, every radio licence must specify: the name and address of the licensee, the frequencies of operation, the commencement date of the licence, and the class of radio licence.

Following from section 111 (3) of the Radiocommunications Act 1989, Regulation 14 of the Radiocommunications Regulations 2001, gives the Chief Executive of the MED the power to include in any radio licence any terms or conditions and restrictions he/she sees fit. Schedule 1 of the Regulations specifies as a general condition of licence the compliance of any directions given by the Chief Executive for the use of the radio transmitter operating under the radio licence.

Each non-exclusive licence would contain the minimum terms and conditions to ensure the effective management of the 70-90 GHz band. These terms and conditions would specify the basic technical parameters applicable to all radio transmitters operating under the licence e.g. effective isotropic radiated power, transmitter power, power spectral density, antenna gain, emission type and/or bandwidth.

Licensee Contact for Radio Coordination

Licensee radio link coordination would be effected as follows.

The Register of Radio Frequencies is publicly accessible online (at URL http://www.rsm.med.govt.nz/pls/web/dbssiten.main). Hence, licence holders contact information would publicly available on the register of radio frequencies.

Each non-exclusive licence would also contain a condition or direction from the Chief Executive instructing the licensee to keep accurate technical records of each fixed link operating under the licence. These records would include as a minimum; the frequencies of operation, the transmitter and receiver locations and heights, the make, model and serial number of the equipment and the service start and stop date.

To ensure that technical records are available for the purpose of coordinating fixed links each non-exclusive licence would contain a condition or direction that the technical records be made available (at no charge and within a specified timeframe, say 15 working days) to other licensees in the 70-90 GHz range. The process of coordination would involve the licensee introducing a new fixed link to:

• obtain relevant technical records from other licensees;
• examine all technical records to ensure that placement of a new fixed links does not cause interference to existing fixed links; and
• update its own technical records.

The licensees would be at liberty to streamline the process outlined above, for example by forming a co-ordination of community group for this purpose (as licensees within the OX band, and users of the LPFM General User Radio Licence have done). Use of electronic files, internet web pages, and communication by Email would also streamline this activity.

To ensure that records are accurate each non-exclusive licence would include a condition that each technical record be dated and endorsed by an Approved Radio Engineers or Approved Radio Certifier.

To ensure that records are kept up to date each non-exclusive licence would include a condition that the complete technical records would be provided annually to the MED [electronically]. A non-exclusive licence would not be renewed annually until the records and licence fee had been received by the Ministry.

Interference Management And Resolution

Because of the technical characteristics of point to point linking in the 70-90 GHz range, should interference require management technical measures (such as antenna shielding, and careful receiver and transmitter placement) can be simply and cheaply effected. Thus, in the first instance interference mitigation and resolution would be addressed directly by the affected parties.

In the event that the affected parties could not manage interference the MED would need to play a more active role. Examination of the licensee’s technical records, or those records deposited with the Ministry at annual renewal could be used to ascertain first in time priority for the interfered with or interfering transmission.

Licence Auditing

Licence and licensee auditing is required to ensure compliance with the Radiocommunications Act, Regulations and licence conditions.

It is usual practice of MED to audit licenses and licensees annually. An audit to ensure that each licensee is keeping records and that these records are accurate would provide incentives for licensees to adhere to this condition of licence. Failure to adhere to the conditions of licence is equivalent to operating a radio transmitter without a licence and this is an infringement Section 37, clause 1 (f).

Furthermore, failure of a licensee to provide suitably detailed and accurate technical records to other licensees within the specified time frame could be reported to the MED and appropriate remedial action could be undertaken.

This system of licensee self-regulation, and audit is analogous to that used within the regulatory framework for Electromagnetic Compatibility, where an electronic equipment supplier:

• registers their status as a supplier with the MED;
• is required to ensure equipment supplied to market meets all relevant standards;
• is required to keep detailed records and documentation verifying that their equipment meets all regulatory standards, and
• must provide those detailed records to the Ministry for the purposes of audit.

The main difference between the EMC regime and with licensee self-coordination is that licensees may also need to communicate amongst themselves.