Attachment B - Proposed new LPFM GURL

Radiocommunications Regulations (General User Radio Licence for Low Power FM Broadcasting) Notice 2010 No. #

Pursuant to Regulation 9 of the Radiocommunications Regulations 2001 (“the Regulations”) and acting under delegated authority from the Chief Executive, I give the following notice.

Notice

1. Short title and commencement

1. This notice is the Radiocommunications Regulations (General User Radio Licence for Low Power FM Broadcasting) Notice 2010 No. #.
2. This notice comes into force on 1 June 2010.

2. General user radio licence

A general user radio licence is granted for the transmission on the frequencies specified in the licence by means of radiocommunication transmitters intended for local-area broadcasting and known as "Lower Power FM Broadcasting Short Range Devices" or LPFM broadcasting, in accordance with the terms, conditions and restrictions of this notice.

3. Terms, conditions and restrictions

1. Within a 25 km radius of any broadcast transmitter there must be no more than one low power FM transmitter broadcasting substantially the same programme (including simulcast or re-transmission) as that broadcast transmitter. Broadcast transmitter means a low power FM transmitter or any broadcast transmitter licensed pursuant to sections 48 or 116 of the Radiocommunications Act 1989.
2. Low Power FM transmitter operators, at least once every three hours, must broadcast the contact details of the person responsible for the transmissions.
3. Only transmissions that are broadcasting, as defined in the Broadcasting Act 1989, are permitted.
4. Transmitters must conform to Schedule 1 of this notice and the requirements prescribed in notices made under Regulation 32 (1) (b) of the Regulations.
5. Transmitter unwanted emission limits shall comply with the requirements of the Radiocommunications (Radio Standards) Notice, Table 3 – Low Power FM.
6. Transmitters must not be operated in exclusion zones using the frequencies described in Schedule 2 to this notice.
7. Frequency use is on a shared basis and the Chief Executive does not accept liability under any circumstances for any loss or damage of any kind occasioned by the unavailability of frequencies or degradation to reception from other transmissions.
8. Should interference occur to services licensed pursuant to a radio licence or a spectrum licence, including wireless public address systems, the chief executive reserves the right to require and ensure that any transmission pursuant to this general user radio licence change frequency, reduce power or cease operation.
    

4. Revocation

The Radio Regulations notice General User radio licence for Low Power FM Broadcasting Short Range devices Notice 2003 No 2, published on 26 June 2003 in the New Zealand Gazette is revoked on [DATE].

Schedule 1

1. The permitted transmitter carrier frequencies are:
   

   Lower LPFM Band:
   87.6 MHz	87.7 MHz	87.8 MHz	87.9 MHz
   88.0 MHz	88.1 MHz	88.2 MHz	88.3 MHz
   88.4 MHz

   Upper LPFM Band:
   106.7 MHz	106.8 MHz	106.9 MHz	107.0 MHz
   107.1 MHz	107.2 MHz	107.3 MHz	107.4 MHz
   107.5 MHz	107.6 MHz	107.7 MHz

    

    

    
2. The permitted designations of emissions are:
   256KF8EHF (stereo)
   180KF3EGN (mono)
3. The maximum peak radiated power must not exceed 0 dBW (1 W) e.i.r.p.
4. Notwithstanding the provisions of (c), the field strength must not exceed 98 dBµV/m based on a measurement bandwidth of 100 kHz and a reference distance of 100 metres.
5. Transmitter carrier stability (frequency tolerance) must be maintained within +/- 5 kHz.
6. External controls for the adjustment of the transmitter power are not permitted.
7. Use of modulation enhancement equipment is not permitted.
8. Transmitters located within 100 m of other transmitters operating pursuant to this notice or pursuant to radio licences in the bands 75 - 87.5 MHz and 108 - 137 MHz shall be equipped with antenna isolation devices to prevent the transmission of transmitter generated intermodulation.
9. Transmitters located within 2 km of transmitters operating pursuant to spectrum licences operating in the 88.4 - 106.63 MHz band shall be equipped with antenna isolation devices to prevent the transmission of transmitter generated intermodulation.
10. Use of LPFM frequencies on aeroplanes, helicopters or other airborne devices is prohibited.

Schedule 2

LPFM Exclusion Zones

a.  Aerodromes and Heliports: Except as noted in (b) below, transmissions on the upper band frequencies of Schedule 1 are not permitted within 200 m of the runways and taxiways of the aerodromes and landing pads of heliports listed in the Aeronautical Information Publication at www.aip.net.nz/.

b. Other locations: Transmissions are not permitted within other exclusion zones as follows;

c.  Landmobile locations: Transmissions are not permitted between the 1st of June 2010 and the 1st of October 2010 on the frequencies and with 50 km of the landmobile base stations as follows;

Dated at Wellington this [DATE].
SANJAI RAJ, Manager, Business Services, Radio Spectrum Management, Ministry of Economic Development.

Explanatory Note

(This note is not part of the notice, but is intended to indicate its general effect).

This notice prescribes that, pursuant to regulation-making powers of the Radiocommunications Act 1989, a general user radio licence is granted for the transmission on the frequencies specified in the licence by means of radiocommunication transmitters intended for local-area broadcasting and known as "Low Power FM Broadcasting Short Range Devices", or LPFM Broadcast, in accordance with the terms, conditions and restrictions of this notice.

This notice comes into force on 1 June 2010. Additional information on matters contained in this notice can be found at http://www.rsm.govt.nz/cms/licensees/types-of-licence/general-user-licences/low-power-fm-broadcasting-short-range-devices.