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06|08|04

Decision following the Notification of a proposed change to the procedure and terms of issuing Notices of variation for Internet Linking (Gateways)

The Notification made 4 proposals and gave opportunity for those holding an Internet Gateway Notice of Variation (NoV) the opportunity to make representations.

Proposals

1. That a date is set, towards the end of 2004, on which all existing NoVs are revoked.
2. That existing NoV holders have priority in applying for replacement NoVs.
3. That a suitable provision of service condition is required, defined and administered by the amateur community, for national society support for NoV application.
4. That NoVs are annually renewable and issued initially for a period between 12 and 23 months to provide for a staggered future renewal.

Decision

Following consideration of the representations the decision is:

• To proceed with proposal 1.
  The date will be chosen to occur after allowing adequate time for renewal of the NoVs so no loss of service should occur.
• To proceed with proposal 2.
• To proceed with proposal 3.
  See comments below regarding provision of a service.
• To proceed with proposal 4.
  A period of 1 year has been chosen; the year to run from the date of first issue which will effectively stagger renewals over a 3 month period.

Basis for the Decision

The need for action was clearly indicated in the Notification and the great majority of responses agreed with the thrust of proposal 1. Several respondents expressed concern that the action was heavy-handed or that administrative delays would result in periods of non-operation.

The comment of heavy-handedness is understood. The issue is driven not so much by the need for an end-stop (although that does have some merit); rather the need to formally close off those NoVs that have indefinite validity.

It was not the intention to revoke the NoVs and then commence issue of replacements and Ofcom regrets if that was not made clear. During the renewal process continuity of the existing network will be maintained.

Planning and frequency co-ordination of the gateway network are matters for the amateur community, not Ofcom. Ofcom understands that existing NoV holders on re-application will where possible be allocated their current gateway frequency. Re-planning of the network is under review but will only be undertaken after consultation.

Proposal 3 caused the most comment and concern. It is recognised that gateway activities fall into three categories. Firstly those who wish to continue their self-training in internet linking for its technical merit or personal use via a hand-held radio rather than directly into a computer sound card; secondly those who wish to provide a gateway service for their fellow amateurs and thirdly those gateways directly attached to existing voice repeaters.

It is hoped that those falling into the first category can be catered for at low power, avoiding the need for frequency co-ordination and without the need for a separate NoV. Those in the second and third categories will continue to need NoVs but the possibility of merging the voice repeater and associated gateway application and renewal procedures will be considered.

The majority opinion on proposal 4 was for annual renewal. Several respondents suggested that NoV renewal might be combined with normal amateur licence renewal. However since the Radio Licensing Centre (RLC) do not handle NoVs, this good suggestion would be difficult to implement.

Ofcom has a declared policy of light touch regulation and allowing the users to manage their own affairs wherever spectrum management and interference considerations allow. Currently the Radio Society of Great Britain handle the frequency co-ordination work associated with Internet linking and gateways. In line with the light touch policy, Ofcom proposes to pass the new Internet linking NoV process to the RSGB to issue the NoVs on Ofcom’s behalf. There will be administrative costs associated with this activity and Ofcom understand that the RSGB may recover those costs by making an administrative change to the applicants. There will be no charge or fee for the privilege of holding an NoV, only for the incurred costs of frequency co-ordination and physical issue. NoV’s will be renewed annually.

The Society will be announcing procedures for NoV renewal shortly. Queries on the renewal process should be directed to the RSGB.

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