Title 24
Item 10(d)


B E R M U D A

THE CLASS THREE RADIO (AMATEUR SERVICE) REGULATIONS 1987

BR 29/1987

as amended by

THE CLASS THREE RADIO (AMATEUR SERVICE) AMENDMENT REGULATIONS 1991

BR 41/1991

Made under section 59 of the Telecommunications Act 1986


ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Purpose

4 Requirement for a licence or permit

5 Secrecy of correspondence

6 Inspection

7 Copyright

8 Marking of apparatus

9 Amateur station licence or permit

10 Club station licence or permit

11 Temporary permit

12 Duration of licences and permits

13 Application for licence or permit

14 Renewal of licence

15 Revocation or suspension of licence or permit

16 Return of licence or permit and disposal of equipment

17 Keeping of licences, etc.

18 Certificates

19 Availability of certificate, licence or permit for inspection

20 Loss, etc. of certificate, licence or permit and issue of a duplicate

21 Practice to be observed by all operators and licensees

22 Harmful interference

23 General restrictions

24 Operation by permit holders

25 Authorization of special types of emission

26 Packet transmissions

27 Operation by an individual other than the licensee

28 Special restrictions applying to amateur mobile stations while outside Bermuda

29 Station identification

30 Log

31 Use of amateur stations

32 Emergency communications

33 Prohibited communications

34 Third Party communications

35 Access to stations

36 Operation on aircraft

37 Operation on British ships

38 Installation of an amateur radio station aboard ships or aircraft

39 Measurements

40 Type of radio apparatus

41 Spurious radiations

42 Frequencies, types of emission and power

43 Frequency control and measurement

44 Receiver

45 Antenna

46 False statement on application under regulation 9, 10, 11 or 18 an offence

47 Repeal

48 Commencement




1 Citation:

These Regulations may be cited as the Class Three Radio (Amateur Service) Regulations, 1987.

2 Interpretation:

(1) In these Regulations, unless the context otherwise requires-


(2) In these Regulations or in any licence, permit or certificate granted thereunder where definitions or symbols are used, they shall bear the same meanings as in the international Radio Regulations unless otherwise provided in the Act or these Regulations.


3 Purpose:

These Regulations determine who may operate an amateur station and state the conditions under which such a station may be possessed and used in accordance with the provisions of the Act.

4 Requirement for a licence or permit:

Without derogating from the generality of section 9 of the Act a licence or permit or temporary permit is required for the possession and use of an amateur station in Bermuda or the waters thereof or on board an aircraft, British ship or a boat and no person shall operate such station unless he holds such licence or permit.

5 Secrecy of correspondence:

If any message which the amateur radio or licensee is not entitled to receive is, nevertheless, received by an amateur station, he shall not make known or allow to be made known its contents, its origin or destination, its existence or the fact of its receipt to any person (other than a duly authorised officer of the Government or a competent legal tribunal) and shall not reproduce in writing, copy or make any use of such message or allow the same to be reproduced in writing, recorded, copied or made use of.

6 Inspection:

(1) Every amateur station and all equipment subject to the licence or permit shall be open for inspection, at any reasonable time, by the Telecommunications Inspector or by any person appointed in writing by the Minister in that behalf.

(2) The log required by regulation 30, the amateur radio operator's licence or permit and any other information relating to the station shall be produced to the Telecommunications Inspector or to any other person appointed in writing by the Minister in that behalf when requested by either of them.

7 Copyright:

The licence or permit does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted.

8 Marking of apparatus:

A licensee who removes any transmitting apparatus of his amateur station from the location the address of which is given in his licence or permit shall cause the number of his licence or permit to be clearly inscribed, marked or embossed on such transmitting apparatus in an easily visible place or attached thereto by means of a label.

9 Amateur station licence or permit:

(1) A licence or permit to possess and use an amateur station may be issued by the Minister to any individual who -


upon application in writing under regulation 13.

(2) An amateur station shall have one location, the address of which shall appear in the licence or permit.

10 Club station licence or permit:

(1) The Minister may issue to a bona fide amateur radio club or association a licence to possess and use an amateur station (hereinafter called "the club station") provided that such club or association designates one of its members as station trustee and communicates his name and particulars in writing to the Minister. Such amateur station may include an unmanned radio beacon or repeater station, to the operation of which the Minister may attach special provisions and restrictions.

(2) A club station shall only be operated by an amateur radio operator.

(3) A bona fide amateur radio club or association shall be composed of at least five persons three of whom must be licensed and must have a certificate of advanced class issued or accepted by the Minister under regulation 18 and shall have:


11 Temporary permit:

The Minister may issue on a temporary basis to an individual in Bermuda who holds a certificate of an advanced class issued by the Minister or a certificate recognized by him under regulation 18 as being of an equivalent or higher class, a permit whether for himself or for a bona fide amateur radio club or association granting temporary permission for the possession and use of an amateur station and may attach to the grant of the permit such conditions and restrictions as he may think fit.

12 Duration of licences and permits:

(1) A licence shall be for a duration of five years and may be renewed but on first issuance a licence shall expire on the 30th of June of the following year.

(2) Permits shall be for a period of not more than six months.

13 Application for licence or permit:

An application for a licence or permit shall be made in writing to the Minister in such form and giving such information as the Minister may determine.

14 Renewal of licence:

A licensee shall normally apply before the expiration of the licence for its renewal. In a case where a former licensee applies for renewal of his licence more than three years after its expiry the Minister may require fresh proof of proficiency under regulation 18.

15 Revocation or suspension of licence or permit:

In the event of revocation or suspension of a licence or permit under section 13 of the Act [1986: No. 35] no part of any fee paid in respect of such licence or permit shall be refunded.

16 Return of licence or permit and disposal of equipment:

(1) When a licence or permit is revoked or suspended or is superseded by a new licence or permit or lapses and is not renewed, the Telecommunications Inspector may require that the revoked, suspended, superseded or lapsed licence or permit, as the case may be, be returned to him together with any letters authorizing additions or alterations to the terms of such licence or permit.

(2) When a licence or permit is revoked or lapses and is not renewed, the licensee shall inform the Telecommunications Inspector in writing within a reasonable time not to exceed 30 days as to the manner in which the transmitting apparatus of the amateur station (hereinafter referred to as "the unlicensed apparatus") has been disposed of.

(3) Upon the death of a licensee, his licence or permit shall lapse and his executors, heirs or assigns shall within ninety days of his death inform the Telecommunications Inspector as to the manner in which the unlicensed apparatus has been disposed of.

(4) Unlicensed apparatus shall be disposed of as follows -


17 Keeping of licences, etc.:

(1) The current licence or permit for each amateur station shall be kept at the location of the station.

(2) A copy of the Act [1986: No. 35] and of any Regulations made by the Minister for the amateur radio service shall be retained with the records of each amateur station.

18 Certificates:

(1) The Telecommunications Inspector shall be an examiner under section 13(1)(c) of the Act for the purpose of examining applicants for certificates.

(2) Any person wishing to be examined for a certificate shall apply to the Telecommunications Inspector and may be admitted to an examination conducted by an examiner or examiners on a date and at a time and place determined by the Minister.

(3) The following classes of certificates may be issued by the Minister -


(4) The Minister may accept a certificate equivalent to or higher than an advanced class certificate issued by a recognized authority in another country as sufficient proof of competency to operate an amateur station in Bermuda or on an aircraft or British ship.

19 Availability of certificate, licence or permit for inspection:

Where an amateur station is at a location other than that specified in the licence or permit the licensee shall, if necessary, and have twenty-four hours notice to make certificates, licences and permits available for inspection by the Telecommunications Inspector or by any person authorized in that behalf by the Minister or by a police officer except when such certificate, licence or permit has been filed with application for modification or renewal thereof, or has been mutilated, lost or destroyed, and a request has been made for a duplicate certificate, licence or permit.

20 Loss, etc. of certificate, licence or permit and issue of a duplicate:

In the event of loss, mutilation or destruction of a certificate, licence or a permit the licensee shall as soon as possible apply to the Telecommunications Inspector for the issuance of a duplicate certificate, licence or permit.

21 Practice to be observed by all operators and licensees:

(1) An amateur radio operator or all licensee shall in the operation of a station in the amateur radio service observe the relevant provisions of the Act [1986: No. 35] and of any applicable regulations made by the Minister.

(2) In all respects not specifically covered by these Regulations each station in the amateur radio service shall be operated in accordance with good engineering and good amateur practice.

22 Harmful interference:

(1) A station in the amateur radio service shall be designed, constructed, maintained and operated so as not to cause harmful interference.

(2) If a licensee causes or allows to be caused, harmful interference by the operation of his station or there is good reason to believe that this is the case, he shall take all reasonable steps, in collaboration if necessary with the party or parties affected, to eliminate such interference, if any.

(3) When harmful interference occurs transmission shall at once be discontinued or postponed by the amateur radio operator or licensee at the request of the Telecommunications Inspector.

(4) The Minister shall have the right to prohibit, without compensation, the use of transmitting apparatus in any particular area should this be necessary in his opinion for the purpose of ensuring the interference-free operation of any other station, electronic or electrical apparatus, or appliance.

(5) Before commencing transmission an amateur radio operator or a licensee shall listen on the frequency which it is proposed to use to satisfy himself that his transmission on such frequency at that time will not cause harmful interference.

23 General restrictions:

(1) A station in the amateur radio service shall be operated using frequencies, power, types of emission or modes of transmission authorized by the Minister in the licence or permit and in no other manner.

(2) Unless otherwise provided in the licence or permit, an amateur station shall not be installed and operated for a duration in excess of thirty days at a location other than that specified and defined in the licence or permit whether in Bermuda or outside its limits, without the prior written authorization of the Telecommunications Inspector or a prior change in the licence or permit agreed by the Minister.

24 Operation by permit holders:

The holder of a permit issued under regulation 11 shall operate an amateur station using only the call sign, radio frequencies, types of emission or modes of transmission and power that he is authorised to use in such permit.

25 Authorization of special types of emission:

The Minister may, on request, authorize a licensee to carry on special experimentation with types of emission not authorised by the Minister in the licence or permit.

26 Packet transmissions:

A licensee may use the frequencies authorized in the licence or permit for packet transmissions employing such types of emission, other than pulse modulation, as may be selected by experimentation, on condition that the bandwidths prescribed by the Minister are not exceeded.

27 Operation by an individual other than the licensee:

Notwithstanding that the licensee is at all times responsible for the operation of his amateur station, he may:


28 Special restrictions applying to amateur mobile stations while outside Bermuda:

The licensee of an amateur station on a boat, or of an amateur aeronautical or maritime mobile station shall, while such station is outside Region 2 as defined in the international Radio Regulations and outside Bermuda the jurisdiction of any foreign government to restrict its operation to frequencies in the bands 7.0 to 7.1 mHz, 14.00 to 14.35 mHz, 21.00 to 21.45 mHz and 28.00 to 29.70 mHz and any frequency above 30 mHz authorized for use by amateurs in either Region 1 or Region 3, as the case may be, by the international Radio Regulations.

29 Station identification:

(1) An amateur radio operator or a licensee of an amateur station shall use the call sign assigned to him and no other call sign -


Provided that where there is a series of short transmissions it is permissible to transmit the call sign at intervals of no longer than ten minutes:

Provided further that the holder of a permit shall operate in accordance with regulation 24.

(2) The call sign referred to in paragraph (1) shall be transmitted -


(3) When an amateur station is being operated as an aeronautical or maritime mobile station or on a boat outside the waters of Bermuda the licensee shall give in addition to the normal call sign the following information when identifying -


30 Log:

(1) A licensee shall keep a record of all transmissions on frequencies below 30 mHz made over the previous 3 years showing the following -


All times shall be stated in U.T.C.

(2) All entries shall be made at the time of transmitting and receiving.

31 Use of amateur stations:

(1) A licensee of an amateur station shall comply with the provisions of section 31 of the Act [1986: No. 35] and shall ensure that -


(2) All communications regardless of the type of emission employed shall be in plain language except that generally recognised abbreviations are permissible and any other abbreviations or signals where the intent is not to obscure the meaning but only to facilitate communications.

(3) Notwithstanding paragraph (1), a licensee of an amateur station may -


(4) No licensee shall use an amateur station for -


(5) A licensee shall not receive any payment for the use of the amateur station or allow the station to be controlled by or used for the purposes of any political organization.

32 Emergency communications:

Where an emergency situation exists, a radio amateur operator of an amateur station may use it to communicate any type of message for himself or on behalf of third parties, but he shall not accept remuneration in any form in respect of any such communication.

33 Prohibited communications:

No licensee shall operate, or allow to be operated, his amateur station to communicate with a similar station of a country that has notified the International Telecommunication Union that it objects to such communications.

34 Third Party communications:

Subject to regulation 32, no licensee shall operate, or allow to be operated, his amateur station to communicate a message on behalf of a third party to or from a similar station of another country.

35 Access to stations:

The licensee of any amateur station shall not permit or allow any authorized person to have access to the transmitting apparatus of the station. Each such apparatus shall be so installed and protected that it is not accessible to or capable of operation by individuals other than those duly authorized by and under the control of the licensee. Provisions authorizing unattended operation of such apparatus in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of a licensee to maintain control over the station (including all transmitter units thereof), or for the proper functioning and operation of such a station and transmitter units in accordance with the terms of the licence or permit of such station, the Act and these Regulations.

36 Operation on aircraft:

(1) No person shall install or operate an amateur aeronautical mobile station on an aircraft except as authorized by the Minister pursuant to paragraph (2).

(2) The Minister may authorize the installation or operation of an amateur station on an aircraft if -


37 Operation on British ships:

(1) No person shall install or operate an amateur maritime mobile station on a British ship except as authorized by the Minister pursuant to paragraph (2).

(2) The Minister may authorize the installation or operation of an amateur station on a British ship if -


38 Installation of an amateur radio station aboard ships or aircraft:

In addition to complying with all other applicable laws and regulations, any amateur station installed and operated aboard an aircraft or British ship must comply with all of the following conditions:


39 Measurements:

(1) A licensee shall ensure that -


(2) No licensee shall use or permit to be used a "spark" sending apparatus in his amateur station nor employ in such station unrectified alternating voltage in any circumstances for the H.T. supply to the sending apparatus, and such licensee shall ensure that the H.T. supply shall be so smoothed that the value of the residual ripple voltage does not exceed 5 per cent of the D.C. voltage.

(3) A licensee shall ensure that when telegraphy is being used the arrangement employed for "keying" the sender is such as to reduce to a minimum the risk of interference due to any clicks being produced in neighbouring apparatus. Whenever, for any reason, the carrier wave of the sender is being modulated by any system of modulation, a licensee shall take care to avoid unwanted frequency modulation of the carrier frequency. At all times a licensee shall take every precaution to prevent the radiation of energy at frequencies other than those which are necessary for the type of emission in use.

40 Type of radio apparatus:

(1) A licensee shall ensure that his radio transmitting apparatus is of a type or description that has been approved by the Minister for use in the amateur radio service.

(2) A licensee shall install an external radio frequency amplifier only:

Provided that the power of the transmitter shall not be increased to a level above that imposed by the licence or permit; and

Provided further that sufficient measuring equipment to the satisfaction of the Telecommunications Inspector is also installed to enable the licensee to ensure that no harmful interference is caused by the installation of such amplifier.

41 Spurious radiations:

So as not to exceed the limits specified by the Minister, a licensee shall ensure that the emissions shall be free from harmonics, hum key clicks and all forms of spurious emissions.

42 Frequencies, types of emission and power:

(1) A licensee shall ensure that -


(2) When so required by the Telecommunications Inspector, the licensee shall equip his amateur station with a means approved by the Inspector for checking the frequency of the emitted wave.

(3) If power for the working of an amateur station is taken from a public electricity supply the licensee shall ensure that no direct connection is made between the supply mains and the aerial.

43 Frequency control and measurement:

A licensee shall ensure that when in use, any transmitter in his amateur station shall be tuned to a frequency within an authorized band, which frequency shall be so selected and maintained that no appreciable energy is radiated on any frequency outside the limits of the bandwidth and without the modulation applied, due allowance having been made for the inaccuracy of the calibrating device. A licensee shall employ a satisfactory method of frequency stabilization in such sending apparatus and shall ensure that his transmitting apparatus is equipped with a reliable method of a type approved by the Minister for measuring the sending frequency.

44 Receiver:

A licensee shall ensure that his amateur station shall always be equipped for the reception of signals sent on frequencies in current use at the station at any time.

45 Antenna:

(1) An antenna which crosses above or is liable to fall upon or to be blown onto any overhead utility wire or apparatus shall be guarded by the licensee of the amateur station to the reasonable satisfaction of the owner of such utility wire or apparatus concerned.

(2) The issue of a licence or permit by the Minister shall not relieve the applicant of the necessity of obtaining planning permission for the construction of any works, buildings, antennae or other installations in accordance with the provisions of the Development and Planning Act 1974 [1974: No. 5l] or any other relevant legislation regarding land development and planning.

46 False statement on application under regulation 9, 10, 11 or 18 an offence:

Any person who willfully and knowingly makes in a written application for a licence or permit under regulation 9, for a licence for a club station under regulation 10, for a temporary permit under regulation 11 for a certificate under regulation 18, a statement that is false in a material particular commits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,000 or both such imprisonment and fine.

47 Repeal:

The provisions of the 'Wireless' Telegraphy (Licence) Regulations 1961 including the Schedule, Form 3 that apply to examinations for, and the issuance of, operators licences (certificates) to operate wireless telegraphy stations in Class 3, the issuance of licences for, the allocation of frequencies for, the power and the operation of, stations in the amateur radio service shall be revoked insofar as they concern such operators' certificates, Class 3 stations and services and licences therefor.

48 Commencement:

These regulations shall come into force on the 1st day of July 1987.

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