Amateur Radio (Foundation) Licence Terms, Provisions and Limitations Booklet BR68/F

Please note that this document does not incorporate the changes contained in the Notice of Variation of Amateur Radio Foundation Licence (July 2003)

These terms, provisions and limitations shall be read as an integral part of the Amateur Radio (Foundation) Licence.

Conditions of use

Purpose

1(1) The Licensee shall use the Station for the purpose of self-training in communication by radio telecommunications which use (without limiting the generality of the foregoing) includes technical investigations.

Messages

1(2) The Licensee shall address Messages only to other licensed amateurs or the stations of licensed amateurs and shall send only:

1. Messages relating to technical investigations or remarks of a personal character; or


2. Signals (not enciphered) which form part of, or relate to, the transmission of Messages.

1(3) "Messages" and "Signals" include communication by:

1. telephony;
2. morse telegraphy;
3. visual communications (which include slow scan television (SSTV), and facsimile; and
4. digital communications (which include data, radio teletype (RTTY) and amateur teleprinting over radio (AMTOR)).

1(4) The Licensee may use codes and abbreviations for communications as long as they do not obscure the meaning of, but only facilitate, the communications.

1(5) The Licensee may send messages to individual amateurs but shall not send messages (whether directly or for onward transmission by another station) for general reception by licensed amateurs other than:

1. initial calls; or
2. to groups of licensed amateurs as long as communication is first established separately with at least one licensed amateur in any such group; or
3. to licensed amateurs who participate within a net and subject to the identification requirements provided for in sub-clause 7(1A) below; or
4. messages transmitted via a mailbox or bulletin board for reception by all or any licensed amateurs who have the facility to transmit and receive RTTY or data transmissions.

1(6) The Licensee shall not transmit such material as music, public broadcasts or speeches.

Location

1(7) "Station" means the station of the Licensee at the Main Station Address, a Temporary Location or while Mobile, as the case may be.

1(8) The Licensee shall operate the Station only:

1. at the Main Station Address ("Main Station Address" means the main station address of the Licensee set forth in the Validation Document);
2. at a Temporary Location ("Temporary Location" means a location, other than the Main Station Address, in the United Kingdom, and in any fixed position);
3. While Mobile ("Mobile" means located in the United Kingdom in any vehicle, as a pedestrian or on any Vessel in Inland Waters).

1(9) The Licensee shall give prior written notice to the Secretary of State at the address specified in note (a) to this Booklet of any change in the Main Station Address (or mailing address, if different).

Standard Frequency Service

1(10) The Licensee may use the Station for the reception of transmissions in the Standard Frequency Service (a radio communication service for scientific, technical and other purposes, providing the transmission of specific frequencies of stated high precision, intended for general reception).

Top

Limitations on use

2(1) The Licensee shall only use:

1. the frequency bands specified in the first column of the Schedule to this Licence subject to the limitations set out in the second column of the Schedule;
2. a power not exceeding the maximum specified in the third column of the Schedule; and
3. the types of transmission specified in the fourth column of the Schedule.

2(2) The Licensee may receive Messages from an overseas amateur or from a UK amateur duly authorised by the Secretary of State on a frequency band not specified in the first column of the Schedule as long as the Licensee transmits only in a band specified in the first column of the Schedule which is authorised under sub-clause 2(1).

Pulse emissions

2(3) The Licensee shall not use pulse emissions.

Operators

2(4) The Station shall be operated only by the Licensee personally.

2(5) The Licensee may permit any person to type the Message of the Licensee for transmission by the Licensee from the Station.

Aircraft and vessels

2(6) The Licensee shall not establish or use the Station on any vessel, other than in Inland Waters, or in any aircraft or other airborne vehicle.

Other requirements

3(1) The Licensee shall hold a Foundation Licence Training Course Completion Slip.

3(2) The Licensee shall comply with:

1. the relevant provisions of the Telecommunication Convention and Radio Regulations unless such compliance would result in a breach of the Licence; and
2. all relevant statutory enactments including (without limiting the generality of the foregoing) the Act, the Wireless Telegraphy Act 1967 and the Telecommunications Act 1984.

3(3) The Licensee shall:

1. have no pecuniary interest (direct or indirect) in any operations conducted under this Licence; and
2. except in the case of activities on behalf of a non-profit organisation established for the furtherance of amateur radio, not use the Station for business, advertisement or propaganda purposes including (without limiting the generality of the foregoing) the sending of news or messages of, or on behalf of, or for the benefit or information of, any social, political, religious or commercial organisation.

Apparatus

4(1) The Licensee shall only use transmitting equipment conforming to EC standards or commercially available kits transmitting inside amateur bands only.

4(2) Notwithstanding any other term of this Licence, the Licensee shall ensure that the apparatus comprised in the Station is constructed, maintained and used, so that its use does not cause any undue interference to any wireless telegraphy.

4(3) If any undue interference to wireless telegraphy is caused by the radiation of Unwanted Emissions or the field strength of electromagnetic energy radiated from the Station, then the Licensee shall suppress the Unwanted Emissions or reduce the level of the field strength to the level specified by the Secretary of State.

4(4) The Station shall be capable of receiving Messages on the same frequencies and with the same classes of emission in use for the transmission of Messages by the Station.

Recorded or retransmitted Messages

5(1) The Licensee may record and retransmit Messages addressed to the Licensee from other licensed amateurs:

1. with whom the Licensee is in direct communication; or
2. which are intended for retransmission to a specified licensed amateur.

5(2) The Licensee may send Messages by (or as part of) the intermediate relaying of the Messages to or from other licensed amateurs.

5(3) When recording and retransmitting the Message of another licensed amateur, if the Licensee also records and retransmits the call sign of the licensed amateur, then the Licensee shall transmit the call sign in such a way that the origin of the Message and the origin of the retransmission are clear.

5(4) Notwithstanding sub-clauses 5(1) and (2), the Licensee shall not operate the station as:

1. a mailbox or bulletin board (each being a device which stores, in a readable form, complete messages which are not to or from the Licensee,for re-transmission on behalf of other licensed amateurs); or
2. a telephony repeater (a facility which receives and simultaneously retransmits Messages by telephony for or on behalf of other licensed amateurs).

Log

6(1) The Licensee shall keep a permanent record (the "Log") of all wireless telegraphy transmissions at the Main Station Address and all Temporary Locations showing:

1. dates of transmission;
2. the times (in Co-ordinated Universal Time (UTC)) during each day of
   
   
1. the first and last transmissions from the Station; and
2. changes made to the frequency band, class of emission or power;
   
   
3. frequency band of transmission;
4. mode of transmission;
5. power;
6. initial calls ("CQ" calls) (whether or not they are answered);
7. the call sign of licensed amateurs or licensed stations with which communications have been established (not including those amateurs or stations which form part of the intermediate relay of Messages); and
8. location when the station is operated at a Temporary Location.

6(2) The Log shall be written in a book or maintained on a magnetic tape, disc or other electronic storage medium. If the Log is maintained on an electronic storage medium the means to view the Log and produce a hard copy shall be kept readily available at the Main Station Address.

6(3) Where the Log is maintained:

1. in a book, the book shall not be loose-leaf and no gaps shall be left between the entries;
2. on a magnetic tape, disc or other electronic storage medium, suitableprecautions should be taken to ensure that the log is backed up.

6(4) The Licensee shall keep the log for inspection by a person authorised by the Secretary of State for a least six months from the date of the last entry whether or not this Licence has expired or been revoked.

6(5) When a person authorised by the Secretary of State requires additional matters to be recorded, the Licensee shall record those additional matters in the Log for the period specified by that person.

Top

Identification

7(1) Subject to sub-clause (1A) below, which does not apply to operation via repeaters during transmissions, the Licensee shall transmit the call sign specified in the Validation Document:

1. during initial calls ("CQ" calls);
2. at the beginning and at the end of each period of communication with a licensed amateur and when the period of communication is longer than 15 minutes, at the end of each interval of 15 minutes;
3. at the beginning of transmission on a new frequency (whenever the frequency of transmission is changed);
4. by the same type of transmission that is being used for the communication;
5. on the same carrier frequency that is being used for the communication; and
6. by morse telegraphy or telephony, at the end of each 30 minute period during which transmissions are sent from the Station (unless already transmitting in morse telegraphy or telephony).

7(1A) When operating within a net, under sub-clause 1(5)(c), the Licensee shall observe the following requirements in relation to the transmission of his call sign:

1. he shall transmit his call sign when he first joins the net and on leaving it;
2. subject to sub-clause 7(1A) (c) below, whilst participating in the net, he shall not be obliged to transmit his call sign when making contact with other participants;
3. whilst participating in the net, he shall transmit his call sign:
   
   
   1. when 15 minutes have elapsed since the last transmission of his call sign; or
   2. if he has not transmitted speech before 15 minutes have elapsed since such transmission, on the first occasion thereafter on which he transmits speech.

7(2) At a Temporary Location, the Licensee shall:

1. use the suffix "/P" with his call sign and give the location of the Station every 30 minutes to an accuracy of at least 5km by a generally used identifier (for guidance see note (t) to this booklet); or
2. give prior written notice of the location to the Operations Manager of the local office of the Radiocommunications Agency in whose area the operation is to take place.

7(3) When Mobile, the Licensee shall use the suffix"/M".

7(4) When away from the Main Station Address, the Licensee shall use the appropriate Regional Secondary Locator specified in note (w) to this Booklet.

7(5) The Secretary of State reserves the right to release details of the call sign of the Licensee specified in the Validation Document to third parties so that the call sign may be published in call books compiled by third parties, either in written form or in the form of "read only" computer disks.

Inspection and close down

8(1) The Licensee shall permit a person authorised by the Secretary of State:

1. to have access to the Station; and
2. to inspect the Licence and Log and to inspect the apparatus of the Station at any and all reasonable times (or when, in the opinion of the Secretary of State, an urgent situation exists at any time) for the purpose of verifying compliance with the terms of the Licence.

8(2) When, in the opinion of a person authorised by the Secretary of State:

1. the Licensee is in breach of the Licence; and
2. breach justifies immediate restriction or close down, the Licensee shall restrict the operation of or close down and cease to operate, the station (or any apparatus comprised in the Station) forthwith in accordance with the demand of a person authorised by the Secretary of State for the temporary period specified in the demand.

8(3) For the purposes of sub-section 1(4) of the Act, this Licence may be revoked, or its terms, provisions or limitations varied, by a notice in writing of the Secretary of State served on the Licensee, or by a general notice addressed to all holders of an Amateur Radio Foundation Licence published in the London, Edinburgh and Belfast Gazettes or broadcast nationally by the British Broadcasting Corporation.

Period of Licence and fees due

9(1) Subject to the payment, if appropriate, (for guidance see note (w) to this booklet) of the fee in the manner indicated in sub-clause 9(2), this Licence shall continue in force from year to year unless revoked by the Secretary of State.

9(2) The Licensee shall pay to the Secretary of State before the anniversary date of the Date of Issue in each year, the fee on renewal prescribed by the Regulations for the time being in force under sub-section 2(1) of the Act, and on the payment of the fee the Secretary of State will issue to the Licensee a document in the form of the title page of this Licence (the "Validation Document") which will indicate the next date for renewal.

9(3) If the Licensee does not pay any fee due and in the manner described in sub clause9(2), then the Licence shall expire at the end of the day before the relevant anniversary date of the Date of Issue.

9(4) The licensee shall surrender the Validation Document to the Secretary of State forthwith upon the revocation of the Licence. The Secretary of State reserves the right to publish the name and call sign of the Licensee if the Licence is revoked.

Interpretation

10(1) In this Licence, unless the context otherwise requires:

1. The Interpretation Act 1978 shall apply to this Licence as it applies to an Act of Parliament;
2. the expression "Co-ordinated Universal Time" has the same meaning as it has in the Radio Regulations (for guidance see note (s) to this booklet);
3. "Act" means the Wireless Telegraphy Act 1949;
4. "Inland Waters" means any canal, river, lake, loch or navigation which is not Tidal Water;
5. "Inspect" means examine and test;
6. "Licensee" means the licensee named in the Validation Document;
7. "Secretary of State" means the Secretary of State for Trade and Industry;
8. "Telecommunication Convention" and "Radio Regulations" mean the International Telecommunication Convention and the Radio Regulations thereunder and include any Convention or Regulation which may from time to time be enacted or brought into force in substitution for, in amendment of, or in addition to, the Telecommunication Convention or Radio Regulations;
9. "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man;
10. "Unwanted Emissions" means spurious emissions and out-of-band emissions as defined in the Radio Regulations;
11. "Vessel" includes a hovercraft and any other floating structure which is capable of being manned;
12. "Authorised Officer" means an authorised officer of the Radiocommunications Agency.

10(2) The headings in this Licence are for ease of reference only and shall not affect the interpretation of the Licence.

10(3) The Licence consists of the Validation Document, the Terms, Provisions and Limitations Booklet BR68/F and the Schedule to the Booklet as any of them may be varied from time to time.

10(4) To the extent that they do not conflict with or are not inconsistent with any of the clauses herein, the Notes to the Schedule to the Booklet and the Notes to the Booklet shall be complied with by the Licensee.

Top

Notes to the Schedule

1. In all frequency bands, high intensities of RF radiation may be harmful and safety precautions should be taken, particularly in locations to which people have access. Advice concerning safe levels of exposure to RF radiation is provided by the National Radiological Protection Board.
2. Primary, permitted and secondary services
   
For the purpose of this Licence, frequency bands allocated to the Amateur Service on a primary basis cannot claim protection from undue interference from any other authorised services, such protection being afforded only to users whose frequencies have been registered nationally or internationally. In the United Kingdom, individual frequency assignments are not registered in the Amateur Service, except for beacons and repeaters. This applies equally to all bands allocated on a secondary basis where stations of the Amateur Service are also required not to cause undue interference to stations of a primary or permitted service to which frequencies are already assigned or to which frequencies may be assigned at a later date.
3. Any modulation technique (except for pulse emissions) may be used for the types of transmission specified in the fourth column of the Schedule which are defined as follows:

Top

Notes to the Terms, Provisions and Limitations Booklet BR 68/F

1. Remittances and correspondence should be sent to the Radio Licensing Centre, PO Box 885, Bristol BS99 SLG. Tel: (0117) 925 8333. Do not send the Licence when making remittances.
   
   
2. A list of the Radiocommunications Agency's local offices (See subclause 7(2) may be obtained from the address given in note (a).
   
   
3. If any message, the receipt of which is not authorised by this Licence, is received by means of the Station, neither the Licensee nor any person using the Station should make known the contents of any such message, its origin or destination, its existence or the fact of its receipt to any person except an authorised officer of Her Majesty's Government or a competent legal tribunal, or retain any copy or make any use of such message, or allow it to be reproduced, copied or made use of. It is an offence under Section 5 of the Act deliberately to receive messages the receipt of which is unauthorised or (except in the special circumstances mentioned in that section of the Act) to disclose any information as to the contents, sender or addressee of any such message.
   
   
4. It is an offence to send certain misleading messages, viz:


"Any person who;

1. by means of wireless telegraphy, sends or attempts to send, any message which, to his knowledge, is false or misleading and is, to his knowledge, likely to prejudice the efficiency of any safety of life service or endanger the safety of any person or of any vessel, aircraft or vehicle, and, in particular, any message which, to his knowledge, falsely suggests that a vessel or aircraft is in distress or in need of assistance or is not in distress or not in need of assistance;
   
   .. shall be guilty of an offence under this Act." (Section 5, WT Act 1949).
   
   
5. This Licence does not authorise the doing of any act, which is an infringement of any copyright, which may exist in the communication sent or received.



6. Notwithstanding sub-clause 2(2), if the Licensee is operating under the Licence of, in the presence of, and under the direct supervision of a person who holds an Amateur Radio Licence (A), or (B), then he may utilise the specific extra frequencies available to those licensees.
   
   
7. References to the operation of the Station include references to the speaking into the microphone comprised in the Station.
   
   
8. Any operation under this Licence must also comply with the "Self-Provision Licence" granted by the Secretary of State under section 7 of the Telecommunications Act 1984. Copies of this Licence are available from the Office of Telecommunications, Export House, 50 Ludgate Hill, London EC4M 7JJ. The Licensee may not permit the automatic reception and or transmission of messages between the amateur radio service operated in accordance with section 1 of the Act and other telecommunications networks.
   
   
9. It is an offence under the Wireless Telegraphy (Content of Transmission) Regulations 1988 to send a message, communication or other matter in whatever form that is grossly offensive or of an indecent, obscene or menacing character.
   
   
10. If the Station is situated within 1km of the boundary of an aerodrome, then the height of the antenna or any mast or structure supporting it must not exceed 15m above ground level. An antenna which crosses above, or is liable to fall or to be blown on to, any overhead power line (including electric lighting) or power apparatus must be guarded to the reasonable satisfaction of the owner of the power line or power apparatus.
    
    
11. This Licence does not absolve the Licensee from obtaining any necessary consent before entering on private or public property (including a public transport vehicle) with any apparatus.
    
    
12. Sub-clause 4(2) of the Licence requires that the apparatus in the Station be so constructed, maintained and used that the use of the Station does not cause any undue interference with any wireless telegraphy. When constructing apparatus from a kit, the accompanying instructions must be followed. In order to prevent interference due to close coupling of antennas, the antenna used for the Station should be sited as far as possible from any existing television or other receiving antennas. This is particularly important in the case of the installation of an indoor transmitting antenna, e.g. in a loft, where transmissions may be conducted through the electricity supply wiring. In some circumstances it might not be possible to use an indoor antenna. In densely populated areas sufficient separation of the amateur equipment from surrounding transmitters, receivers and electronic equipment may not be possible to permit the amateur to operate with full licence power without the high probability of causing interference. Adjacent transmitters may produce intermodulation products on other frequencies and excessive field strengths may cause breakthrough even in receivers which display an adequate level of immunity to unwanted transmissions. If an interference problem arises, this may indicate either that the affected equipment has an inadequate immunity or has not been properly installed or maintained or that excessive field strengths are being generated. Each case needs to be considered on its merits, but regard will be had to the harmonised immunity standards introduced for the purposes of Council Directive 89/336/EEC on electromagnetic compatibility. In order to solve the problem, it may be necessary, depending on the circumstances, to take reasonable steps to improve the immunity of the affected receiving installation, to modify transmission practice or to impose operating restrictions on the Licensee. While owners of receivers should take steps to ensure that their apparatus has a reasonable standard of immunity, in some circumstances the amateur may need to modify his transmission practice to minimise a problem to neighbours.
    
    
13. In the event of a demand by an Authorised Officer to close down or restrict the operation of the Station under sub-clause 8(2), the Licensee must immediately act in accordance with the demand. He will at that time be given oral reasons for the demand and will have an opportunity to provide reasons why the demand should not be met. If the demand is affirmed, then it will be confirmed in writing to the Licensee as soon as practicable. Written reasons will be given by an Operations Manager of the Radiocommunications Agency and the Licensee will again be invited to comment. The temporary period referred to in sub-clause 8(2) will usually be 28 days, but may be a greater or lesser period as the circumstances warrant. Where appropriate and where circumstances allow, the Local Office of the Radiocommunications Agency will be available to discuss with the Licensee how a breach of Licence might be corrected. However, if the Licensee does not comply with the demand or if the breach resulting in the demand is not rectified within a reasonable period of time to the satisfaction of the Secretary of State, then revocation or variation of Licence procedures may be commenced under sub-section 1(4) of the Act or a prosecution may be initiated (depending on the circumstances of each case).
    
    
14. Sub-section 19(5) of the Act applies for the purposes of this Licence as it applies for the purposes of the Act:
    
    "In considering for any of the purposes of this Act, whether, in any particular case, any interference with any wireless telegraphy caused or likely to be caused by the use of any apparatus, is or is not undue interference, regard shall be had to all the known circumstances of the case and the interference shall not be regarded as undue interference if so to regard it would unreasonably cause hardship to the person using or desiring to use the apparatus."
    
    
15. Under section 1 of the Act, it is an offence to use any station or apparatus otherwise than under and in accordance with a licence granted by the Secretary of State.
    
    
16. The Licence is not transferable.
    
    
17. No log need be kept in respect of Mobile operations.
    
    
18. For the purposes of this Licence, "Co-ordinated Universal Time" may be regarded as equivalent to Greenwich Mean Time (GMT).
    
    
19. When telephony is used, the letters of the call sign may be confirmed phonetically. The phonetic alphabet contained in Appendix S14 of the Radio Regulations is reproduced below:

20. When the Station must be identified in accordance with sub-clause 7(2) (a), it is recommended that one of the following location identifiers be used:

1. the full postcode,
2. latitude and longitude in degrees and minutes,
3. National Grid Reference correct to six figures,
4. International Amateur Radio Union (IARU) locator, or
5. the address or other geographical description correct to 1km

21. The following Regional Secondary Locators should be used immediately after the United Kingdom prefix "M" when identifying the Station in accordance with sub-clause 7(4) of this booklet:

22. When identifying in accordance with clause 7, the following extract from Article S19 of the Radio Regulations (S19.18-S19.22) shall be observed: "Identification signals shall wherever practicable be in one of the following forms:
    
    
1. speech, using simple amplitude or frequency modulation;
2. international morse code transmitted at manual speed;
3. a telegraph code compatible with conventional printing equipment;
4. any other form recommended by the Radiocommunication Sector of the ITU."



23. The Licensee does not have to pay a licence fee if, at the time of application or renewal, he is either under 21 years of age or aged 75 years or over. In order to maintain the accuracy of the licence records, all licensees will receive renewal reminders, however, under-21s and those aged 75 years or over only have to re-affirm that they wish to continue as Foundation Licensees.

Top

BR68/F November 2001