HK Cap. 106Z — Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) Order

Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) Order ( Cap. 106, section 39 ) (Enacting provision omitted— E.R. 2 of 2012 ) [21 February 2003] L.N. 50 of 2003 (Format changes— E.R. 2 of 2012 ) 1. (Omitted as spent— E.R. 2 of 2012 ) 2. Interpretation In this Order, unless the context otherwise requires— 2012 Amendment Order (《 2012年修訂令 》) means the Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) (Amendment) Order 2012; ( L.N. 190 of 2012 ) carrier power ( 載波功率 ), effective radiated power or e.r.p. (有效輻射功率), equivalent isotropically radiated power or e.i.r.p. (等效全向輻射功率), mean power ( 平均功率 ), mobile earth station ( 移動地球站 ), spurious emission ( 雜散發射 ) and unwanted emissions ( 無用發射 ) have the meanings assigned to them respectively by Article 1 of Chapter 1 of the Radio Regulations published by the General Secretariat of the International Telecommunication Union, edition of 2001, as revised from time to time; digital modulation ( 數碼調制 ) means the process by which the characteristics of a carrier wave (that is to say, an electromagnetic wave used to carry an information signal) are varied among a set of predetermined discrete values in accordance with a digital modulating function as specified in document ANSI C63.17-1998 published by the American National Standards Institute; frequency hopping spread spectrum modulation ( 頻率跳變擴譜調制 ) means a modulation system which hops to channel frequencies that are selected at the system hopping rate from a pseudorandomly ordered list of hopping frequencies; modulation ( 調制 ) has the meaning assigned to it in “Terms and Definitions” of the Recommendation ITU-R V.662 approved by the International Telecommunication Union, as revised from time to time; non-radiocommunications ( 非無線電通訊 ) means telecommunications other than by means of radio waves; non-radiocommunications apparatus ( 非無線電通訊器具 ) means telecommunications apparatus used for or in connection with non-radiocommunications; taxi ( 的士 ) means a motor vehicle which is registered as a taxi under the Road Traffic Ordinance ( Cap. 374 ); telecommunications apparatus ( 電訊器具 ) means an apparatus used for or in connection with non-radiocommunications or radiocommunications or both. 3. Exemption for non-radiocommunications apparatus (1) A person who establishes or maintains any non-radiocommunications apparatus which is not used to provide a public telecommunications service and— (a) is lawfully connected to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under any of the following licences issued or created under the Ordinance— (i) a fixed carrier licence; (ii) a fixed telecommunications network services licence; (iii) a public non-exclusive telecommunications service licence (for services other than a licence for mobile virtual network operator services); (iv) the class licence for in-building telecommunications systems; (v) any other licence (including a class licence) for the provision of any public telecommunications service; or (b) is used in a manner other than that described in paragraph (a) where— (i) the person and the apparatus meet the conditions specified in subsection (2); and (ii) the apparatus meets the technical criteria set out in Schedule 2 , is exempted from the obligation to hold a licence under section 8(1)(a) of the Ordinance. (2) For the purposes of subsection (1)(b)(i) , the conditions are that— (a) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (b) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (c) the apparatus tolerates interference from other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and (d) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority. 4. Exemption for radiocommunications apparatus relating to taxis (1) Subject to subsection (2), a person who— (a) possesses any radiocommunications apparatus capable of being used; or (b) uses any radiocommunications apparatus, solely for a lawful connection to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under a public radiocommunications service licence for communication between a radiocommunications installation and taxis is exempted from the obligation to hold a licence under section 8(1)(a) or (b) of the Ordinance, as the case may be. (2) A person is not exempted from section 8(1)(a) or (b) of the Ordinance, as the case may be, unless— (a) the person complies with any standards or specifications as may be prescribed under section 32D , and with any order or requirements as may be prescribed under section 32E , of the Ordinance; (b) the person does not use the apparatus to provide a public telecommunications service; (c) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (d) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and (e) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority. 5. Exemption for other radiocommunications apparatus (1) Subject to subsection (2), a person who is under an obligation to hold a licence under section 8(1)(a) , (b) , (c) or (d) of the Ordinance in respect of any radiocommunications apparatus is exempted from section 8(1)(a) , (b) , (c) or (d) of the Ordinance, as the case may be, if the apparatus is used or is capable of being used— (a) for a lawful connection by radiocommunications to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under any of the following licences issued or created under the Ordinance— (i) a fixed carrier licence; (ii) a mobile carrier licence; (iii) a fixed telecommunications network services licence; (iv) a public radiocommunications service licence (for services other than a licence for communication between a radiocommunications installation and taxis); (v) a public radiocommunications service licence (for services other than land mobile services); (vi) a public non-exclusive telecommunications service licence; (vii) the class licence for in-building telecommunications systems; (viii) any other licence (including a class licence) for the provision of any public telecommunications service; or (b) in a manner other than that described in paragraph (a), and— (i) in the case where the apparatus is used or is capable of being used as a mobile earth station, it meets the technical criteria set out in Schedule 1 ; or (ii) in the case where the apparatus is used or is capable of being used other than as a mobile earth station, it meets the technical criteria set out in Schedule 2 and tolerates interference from other telecommunications apparatus or any telecommunications system authorized under the Ordinance. (1A) (Omitted as expired— E.R. 1 of 2016 ) (1B) (Omitted as spent— E.R. 1 of 2016 ) (2) A person is not exempted from section 8(1)(a) , (b) , (c) or (d) of the Ordinance, as the case may be, unless— (a) the person complies with any standards or specifications as may be prescribed under section 32D , and with any order or requirements as may be prescribed under section 32E , of the Ordinance; (b) the person does not use the apparatus to provide a public telecommunications service; (c) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (d) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and (e) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority. 6. Exemption for hybrid telecommunications apparatus (1) A person who is under an obligation to hold a licence under section 8(1)(a) of the Ordinance in respect of any non-radiocommunications apparatus that is used in a combination of those manners as described in section 3(1)(a) and (b) is exempted from section 8(1)(a) of the Ordinance if the provisions in section 3 are complied with. (2) A person who is under an obligation to hold a licence under section 8(1)(a) , (b) , (c) or (d) of the Ordinance in respect of any radiocommunications apparatus that is used or is capable of being used in a combination of those manners as described in section 5(1)(a) and (b) is exempted from section 8(1)(a) , (b) , (c) or (d) of the Ordinance, as the case may be, if the provisions in section 5(1) and (2) are complied with. ( L.N. 190 of 2012 ) (3) A person who is under an obligation to hold a licence under section 8(1)(a) , (b) , (c) or (d) of the Ordinance in respect of any telecommunications apparatus that is used or is capable of being used in a combination of any one or more of those manners as described in sections 3(1) and 5(1) is exempted from section 8(1)(a) , (b) , (c) or (d) of the Ordinance, as the case may be, if the relevant provisions in both sections 3 and 5 are complied with. (4) (Omitted as expired— E.R. 1 of 2016 ) (5) (Omitted as spent— E.R. 1 of 2016 ) ( E.R. 1 of 2013 ) 7. Exemption for import and export of radiocommunications apparatus A person who imports into, or exports from, Hong Kong any radiocommunications apparatus exempted under section 5(1) or 6(1) , (2) or (3) is also exempted from section 9 of the Ordinance if the apparatus is imported or exported, as the case may be, for the person’s reasonable personal use and that the relevant quantity commensurates with such use. ( L.N. 190 of 2012 ) 8. (Omitted as spent— E.R. 2 of 2012 ) Schedule 1 [ s. 5 ] Technical Criteria for Apparatus Used, etc. as Mobile Earth Stations 1. The operating frequency for transmission shall be within the frequency bands 1610 MHz to 1660.5 MHz, 1668 MHz to 1675 MHz or 1980 MHz to 2010 MHz. 2. The operating frequency for reception shall be within the frequency bands 1518 MHz to 1559 MHz, 1613.8 MHz to 1626.5 MHz, 2170 MHz to 2200 MHz or 2483.5 MHz to 2500 MHz. 3. The mean equivalent isotropically radiated power density produced by the mobile earth station shall not exceed -3 dBW/4kHz within the frequency band 1610 MHz to 1626.5 MHz. 4. The unwanted emissions generated by the mobile earth station shall comply with the relevant requirements in— (a) Recommendation ITU-R M.1343 “Essential Technical Requirements of Mobile Earth Stations for Global Non-Geostationary Mobile-Satellite Service Systems in the Bands 1–3 GHz”; or (b) Recommendation ITU-R M.1480 “Essential Technical Requirements of Mobile Earth Stations of Geostationary Mobile-Satellite Systems that are Implementing the Global Mobile Personal Communications By Satellite (GMPCS)—Memorandum of Understanding Arrangements in Parts of the Frequency Band 1–3 GHz”, approved by the International Telecommunication Union as revised from time to time. ( Schedule 1 replaced L.N. 22 of 2005 ) Schedule 2 [ ss. 3 & 5 ] Technical Criteria for Apparatus Used, etc. other than as Mobile Earth Stations Telecommunications apparatus shall operate within a frequency band shown in column 1 of the following table and the output level and spurious emission level generated by the apparatus shall not exceed the limits set out opposite to that frequency band in columns 2 and 3— Column 1 Column 2 Column 3 Frequency Band Limits on Output Level Limits on Spurious Emission Level 3–195 kHz electric field strength not to exceed 40 dBμV/m and magnetic field strength not to exceed 48.4 dBnA/m at 100 m from the apparatus spurious emission level not to exceed the limits set out in Note [9] 1627.5–1796.5 kHz [1] electric field strength not to exceed 88 dBμV/m at 30 m from the apparatus electric field strength not to exceed 34 dBμV/m at 30 m from the apparatus within 0.5–30 MHz; spurious emission level not to exceed the limits set out in Note [9](b) 13.553–13.567 MHz (a) electric field strength not to exceed 80 dBμV/m at 30 m from the apparatus; or spurious emission level not to exceed the limits set out in Note [9] (b) magnetic field strength not to exceed 42 dBμA/m at 10 m from the apparatus 26.96–27.28 MHz mean power not to exceed 0.5 W 33–33.28 MHz e.r.p. not to exceed 10 mW 35.145–35.225 MHz e.r.p. not to exceed 100 mW (a) e.r.p. not to exceed 2 nW for frequency below 1 GHz; and (b) e.r.p. not to exceed 20 nW for frequency at or above 1 GHz 36.26–36.54 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 36.41–36.69 MHz 36.71–36.99 MHz 36.96–37.24 MHz 40.66–40.70 MHz e.r.p. not to exceed 100 mW (a) e.r.p. not to exceed 2 nW for frequency below 1 GHz; and (b) e.r.p. not to exceed 20 nW for frequency at or above 1 GHz 42.75–43.03 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 43.71–44.49 MHz [2] electric field strength not to exceed 10 mV/m at 3 m from the apparatus spurious emission level not to exceed the limits set out in Note [10] 44.73–45.01 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 46.6–46.98 MHz [2] electric field strength not to exceed 10 mV/m at 3 m from the apparatus spurious emission level not to exceed the limits set out in Note [10] 47.13–47.41 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 47.43–47.56 MHz [1] e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9](b) 48.75–50 MHz [2] electric field strength not to exceed 10 mV/m at 3 m from the apparatus spurious emission level not to exceed the limits set out in Note [10] 72.00–72.02 MHz carrier power not to exceed 750 mW spurious emission level not to exceed 30 μW 72.12–72.14 MHz 72.16–72.22 MHz 72.26–72.28 MHz 173.96–174.24 MHz e.r.p. not to exceed 20 mW spurious emission level not to exceed the limits set out in Note [9] 187.5–188.0 MHz e.r.p. not to exceed 10 mW 253.85–255 MHz [3] e.r.p. not to exceed 12 mW e.r.p. not to exceed 2.5 μW 266.75–267.25 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 313.75–314.25 MHz 314.75–315.25 MHz 380.2–381.325 MHz [3] e.r.p. not to exceed 12 mW e.r.p. not to exceed 2.5 μW 409.74–410 MHz [4] e.r.p. not to exceed 0.5 W e.r.p. not to exceed 50 μW 819.1–823.1 MHz (a) e.r.p. not to exceed 100 mW; and spurious emission level not to exceed the limits set out in Note [9] (b) power spectral density not to exceed 10 mW per 25 kHz 864.1–868.1 MHz [5] carrier power or e.r.p. not to exceed 10 mW (a) e.r.p. not to exceed 250 nW for frequency below 1 GHz excluding 41–68 MHz, 87.5–118 MHz, 162–230 MHz and 470–862 MHz; (b) e.r.p. not to exceed 4 nW for frequency in the bands 41–68 MHz, 87.5–118 MHz, 162–230 MHz and 470–862 MHz; and (c) e.r.p. not to exceed 1 μW for frequency at or above 1 GHz 865–868 MHz [13] e.r.p. not to exceed 100 mW (a) e.r.p. not to exceed 250 nW for frequency below 1 GHz excluding 47–74 MHz, 87.5–118 MHz, 174–230 MHz and 470–862 MHz; 865.6–867.6 MHz [14] e.r.p. not to exceed 2 W 865.6–868 MHz [15] e.r.p. not to exceed 500 mW (b) e.r.p. not to exceed 4 nW for frequency in the bands 47–74 MHz, 87.5–118 MHz, 174–230 MHz and 470–862 MHz; and (c) e.r.p. not to exceed 1 μW for frequency at or above 1 GHz 919.5–920.0 MHz e.r.p. not to exceed 10 mW spurious emission level not to exceed the limits set out in Note [9] 920–925 MHz [16] e.i.r.p. not to exceed 4 W e.r.p. not to exceed 10 μW for frequency outside the frequency band in which the fundamental frequencies are located 1880–1900 MHz [6] (a) peak power not to exceed 250 mW for apparatus with antenna output terminal; or (a) e.r.p. not to exceed 250 nW for frequency below 1 GHz; and (b) peak e.i.r.p. not to exceed 250 mW for apparatus with integral antenna (b) e.r.p. not to exceed 1 μW for frequency at or above 1 GHz 2400–2483.5 MHz (a) peak e.i.r.p. not to exceed 4 W for frequency hopping spread spectrum modulation or digital modulation systems; or e.r.p. not to exceed 10 μW for frequency outside the frequency band in which the fundamental frequencies are located (b) aggregate e.r.p. not to exceed 100 mW for any modulation 5150–5350 MHz [11] e.i.r.p. not to exceed 200 mW using only digital modulation e.r.p. not to exceed 10 μW 5470–5725 MHz [12] e.i.r.p. not to exceed 1 W 5725–5850 MHz (a) peak e.i.r.p. not to exceed 4 W for frequency hopping spread spectrum modulation or digital modulation systems; or e.r.p. not to exceed 10 μW for frequency outside the frequency band in which the fundamental frequencies are located (b) aggregate e.r.p. not to exceed 100 mW for any modulation 18.82–18.87 GHz (a) e.r.p. not to exceed 100 mW; and e.r.p. not to exceed 10 μW for frequency outside the frequency band in which the fundamental frequencies are located (b) power spectral density not to exceed 3 mW per 100 kHz 76–77 GHz carrier power not to exceed 10 mW (a) power density not to exceed 600 pW/cm 2 at 3 m from the apparatus for frequency above 40 GHz but below 200 GHz; and (b) power density not to exceed 1000 pW/cm 2 at 3 m from the apparatus for frequency at or above 200 GHz 3000 GHz or above [8] Not applicable Not applicable Note: [1] The apparatus shall operate within the frequency bands 1627.5–1796.5 kHz paired with 47.43–47.56 MHz and on one of the following pairs of frequencies— Channel Number kHz MHz 1 1642.00 47.45625 2 1662.00 47.46875 3 1682.00 47.48125 4 1702.00 47.49375 5 1722.00 47.50625 6 1742.00 47.51875 7 1762.00 47.53125 or 47.44375 8 1782.00 47.54375 [2] The apparatus shall operate within the frequency bands 43.71–44.49 MHz, 46.6–46.98 MHz and 48.75–50 MHz and on any one or more of the following pairs of frequencies— Channel Number MHz MHz 1 43.720 48.760 2 43.740 48.840 3 43.820 48.860 4 43.840 48.920 5 43.920 49.020 6 43.960 49.080 7 44.120 49.100 8 44.160 49.160 9 44.180 49.200 10 44.200 49.240 11 44.320 49.280 12 44.360 49.360 13 44.400 49.400 14 44.460 49.460 15 44.480 49.500 16 46.610 49.670 17 46.630 49.845 18 46.670 49.860 19 46.710 49.770 20 46.730 49.875 21 46.770 49.830 22 46.830 49.890 23 46.870 49.930 24 46.930 49.990 25 46.970 49.970 [3] The apparatus shall operate within the frequency bands 253.85–255 MHz paired with 380.2–381.325 MHz and the frequency pairs shall be as follows— Speech Channel 380.2 + n × 0.0125 MHz, where n is an integer in the range 1 to 88 (except 46) 253.85 + n × 0.0125 MHz, where n is an integer in the range 1 to 88 (except 46) Control Channel 380.775 MHz and 381.3125 MHz 254.425 MHz and 254.9625 MHz [4] The apparatus shall employ frequency modulation and the carrier frequencies of the apparatus shall be 409.7375 + (0.0125 × n) MHz, where n is an integer in the range 1 to 20. [5] The carrier frequencies of the apparatus shall be 864.05 + (0.1 × n) MHz, where n is an integer in the range 1 to 40. [6] The carrier frequencies of the apparatus shall be 1880.064 + (1.728 × n) MHz, where n is an integer in the range 1 to 10. [7] (Repealed L.N. 190 of 2012 ) [8] The apparatus shall satisfy at least one of the following conditions— (a) the maximum usable range of the apparatus does not exceed 30 m; (b) the transmission path does not cross a public street or unleased Government land. [9] An apparatus with the following frequency range shall not generate a spurious emission level which exceeds the limits set out opposite to that frequency range— (a) 3 kHz–30 MHz Frequency Range Limits on Spurious Emission Level 3–415 kHz electric field strength not to exceed 17 dBμV/m and magnetic field strength not to exceed 25.4 dBnA/m at 300 m from the apparatus 415 kHz–30 MHz electric field strength not to exceed 30 dBμV/m and magnetic field strength not to exceed 38.4 dBnA/m at 30 m from the apparatus (b) 30 MHz–1000 MHz Frequency Range Limits on Spurious Emission Level 30–1000 MHz excluding 87–137 MHz and 470–790 MHz e.r.p. not to exceed 300 nW 87–137 MHz and 470–790 MHz e.r.p. not to exceed 60 nW (c) 1–2 GHz Frequency Range Limits on Spurious Emission Level 1–2 GHz e.r.p. not to exceed 1 μW [10] An apparatus with the following frequency range shall not generate a spurious emission level which exceeds the limits set out opposite to that frequency range— Frequency Range Limits on Spurious Emission Level 1.705–30.0 MHz electric field strength not to exceed 30 μV/m at 30 m from the apparatus 30–88 MHz electric field strength not to exceed 100 μV/m at 3 m from the apparatus 88–216 MHz electric field strength not to exceed 150 μV/m at 3 m from the apparatus 216–960 MHz electric field strength not to exceed 200 μV/m at 3 m from the apparatus above 960 MHz electric field strength not to exceed 500 μV/m at 3 m from the apparatus [11] Use of the band 5150–5350 MHz is restricted to indoor operations. [12] Use of the band 5470–5725 MHz shall comply with the technical requirements in Recommendation ITU–R M.1652 “Dynamic frequency selection (DFS) in wireless access systems including radio local area networks for the purpose of protecting the radiodetermination service in the 5 GHz band” approved by the International Telecommunication Union as revised from time to time. [13] The carrier frequencies of the apparatus shall be 864.90 + (0.2 × n) MHz, where n is an integer in the range 1 to 15. [14] The carrier frequencies of the apparatus shall be 864.90 + (0.2 × n) MHz, where n is an integer in the range 4 to 13. [15] The carrier frequencies of the apparatus shall be 864.90 + (0.2 × n) MHz, where n is an integer in the range 4 to 15. [16] Use of the band 920–925 MHz is restricted to apparatus operating with frequency hopping spread spectrum modulation. ( Schedule 2 replaced L.N. 22 of 2005 . Amended L.N. 190 of 2012 ) Schedule 3 (Omitted as spent— E.R. 1 of 2017 )