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Local Authority Private Mobile Radio - Use by Independent Contractors

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Introduction

It is now increasingly common for Local Authorities to contract out services to independent contractors, which involve the use of private mobile radio. This information sheet has been prepared to answer a number of questions concerning the use of a Local Authority's radio system by an independent contractor.

Is it permissible for an independent contractor to use a Local Authority's radio system?

Yes. An independent contractor undertaking work, on contract, on behalf of a Local Authority is permitted to use the Local Authority's radio system provided that all the radio systems involved are listed on the licence schedule held by that Local Authority. The contractor would be covered by clause 2 (b) of the licence as being authorised by the Local Authority to operate the system on the Authority's behalf. It would be the local Authority's responsibility to ensure that the contractor can fully comply with the conditions of the licence in the use of such stations.

Can an independent contractor operate his own mobile radio stations to communicate with a Local Authority's radio system?

Yes. It is permissible for a contractor to operate his own mobile radio stations provided that they are listed in Part 2 of the schedule of the Authority's licence. It would be the Local Authority's responsibility to ensure that the contractor can fully comply with the conditions of the licence in the use of such stations.

Can an independent contractor install and operate control equipment from his premises to undertake Local Authority work?

Yes. However, it is the person who controls the use of the radio system who needs to be the licensee. If the contractor were to operate control equipment which is only a remote control point to operate the Authority's system's base station (either by a wire or radio link) and provided that the contractor is only using the radio stations for the Authority's business, then the Local Authority would need to be the licensee. However, the Local Authority would then be required to apply for the additional control point to be listed on the Authority's licence schedule.

If a contractor were to establish his own base station in order to carry out Local Authority business, he would have to apply for a licence in his own name. The contractor would also then be free to use that system for non-authority business, subject to the terms, provisions and limitations of the licence issued to him.

Is the use of a Local Authority's radio system by sub-contractors permitted?

Yes. Provided that all the radio systems involved are listed on the Authority's licence schedule and the radio system is being used only for the purposes of Local Authority business, the sub-contractor would be authorised by clause 2(b) of the licence to operate radio stations on the Authority's behalf.

Who is responsible for ensuring that the licence requirements are complied with?

Where a Local Authority is the licensee, it is the legal responsibility of the Local Authority under clause 5 of the licence to ensure that a contractor observes the terms, provisions and limitations of the licence, particularly the requirement that the stations should not cause undue interference to other co-channel users.

The Agency advises that if a contractor is to use a local Authority's radio system steps should be taken to ensure that the contractor is aware of the relevant licence requirements, and that these requirements are written into any contracts.

Further information

For further details please contact your local Agency office.

You can find out the phone number and address of your local District Office by contacting the Agency's Enquiry Point on: 020 7211 0211

Alternatively they are listed on the information sheet RA 206 available from:

The Information and Library Service
Radiocommunications Agency
Wyndham House
189 Marsh Wall
London
E14 9SX

Tel: 020 7211 050210505
Fax: 020 7211 0507

 

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RA 191 (Rev 3)
May 1999
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