Radiocommunications (Radio Standards) Notice 2008

Radiocommunications (Radio Standards) Notice 2008

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

1. This notice is the Radiocommunications (Radio Standards) Notice 2008.
2. This notice comes into force on 18 December 2008.
3. This notice prescribes:
   1. classes of radio transmitting products, being interfering equipment as defined in section 2(1) of the Radiocommunications Act 1989.
   2. the standards applicable to particular classes of products.
   3. the level of conformity applicable to a class of product.
   4. products that are exempt from the need to be the subject of a declaration of conformity.

2 Interpretation

1. For the purposes of Table 1 of this notice -
   “ACMA Radiocommunications Standard” means a standard made by the Australian Communications and Media 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 European Telecommunications Standards Institute, commonly known as ETSI. These standards are recognised by European Committee for Electrotechnical Standardisation, commonly known as CENELEC, and in the past have been prefixed by “ETSI”, “ETSI TS”, “ETSI ETS” or “ETS EN”.
   
   

   “IEC” means a standard or specification published by the International Electrotechnical Commission.
   
   “RFS” means a standard or specification published by the Chief Executive of the Ministry of Economic Development.
   
   “TIA TSB” means a Telecommunications Systems Bulletin published by the Telecommunication Industry Association Standards.

2. 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

1. 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:
   1. a general user radio licence granted by the Chief Executive under the Regulations.
   2. a general user spectrum licence granted by the Chief Executive under section 55A of the Act.
   3. a radio licence granted by the Chief Executive under the regulations.
   4. an exemption from the requirement for a radio licence granted by the Chief Executive under the regulations.
2. 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.
3. 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:
   1. Short range device (SRD) radio transmitters installed in vehicles at the time of manufacture.
   2. military radio transmitters of the New Zealand Defence Force.
   3. military radio transmitters of the defence force of another country operating in co-operation with the New Zealand Defence Force.

4. Applicable standards

1. 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
2. Unless expressly stated to the contrary in this notice:
   1. an amendment or modification to an applicable standard is effective from the date specified by the authority issuing the amendment or modification
   2. 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
3. If an applicable standard is an ACMA Radiocommunications Standard, assessment of conformity of a product to that standard, including the electromagnetic radiation (EMR) performance of the product, must be in accordance with the requirements of:
   1. relevant notices issued by the Australian Communications and Media Authority under section 182 of the Australian Radiocommunications Act 1992; and
   2. applicable standards made by the Australian Communications and Media Authority under subsection 162(1) of the Australian Radiocommunications Act 1992.

5. Conformity requirements

1. If a product is in a class to which table 1 of this notice applies, the product must conform to the requirements of an applicable standard specified in table 1.
2. If a product is in a class to which Table 1, 4. Landmobile and Fixed Services, of this notice applies, use of the product must conform to the requirements of the Radio Spectrum Management Public Information Brochure 38 (PIB 38).
3. If a product is not in a class to which a standard prescribed in table 1 of this notice applies, the product must, as a minimum, comply with the requirements of table 2 of this schedule.
4. Any product must, as a minimum, comply with the requirements of table 2 of this schedule.
5. The supplier of a product to which subsection (a) applies must comply with the level of conformity requirements applying to that product as prescribed in the Radiocommunications (Compliance) Notice 2004, published in a Supplement to the New Zealand Gazette, 12 December 2003, No. 170, page 4714, or a notice in replacement thereof.

6. Revocation

The Radiocommunications (Radio Standards) Notice 2005 No. 2, made pursuant to Regulation 32 of the Radiocommunications Regulations 2001 and published in the New Zealand Gazette, 13 October 2005, No. 175, page 4397, is hereby revoked on 19 April 2007.

7. Transitional provision

Notwithstanding the revocation of the notice set out in clauses 6, every product that is compliant with the requirements of that notice on the commencement date of this notice is deemed to be compliant with the requirements of this notice.

TABLE 1 - Radio standards

TABLE 2 - Unwanted emissions limits 

TABLE 3 - Low Power FM (LPFM)

* Test equipment selectivity shall not impair measurement

Dated at Wellington this Monday, the 15th day of December 2008.
SANJAI RAJ,
Group Manager, Radio Spectrum Management, Business Services,
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:

1. classes of products, being interfering equipment and susceptible equipment as defined in section 2(1) of the Radiocommunications Act 1989; and
2. the standards applicable to particular classes of products; and
3. the level of conformity applicable to a class of product; and
4. products that are exempt from the need to be the subject of a declaration of conformity.