INDIAN WIRELESS TELEGRAPHY (EXPERIMENTAL SERVICE) RULES, 1962
INDIAN WIRELESS TELEGRAPHY (EXPERIMENTAL SERVICE) RULES, 1962
Preamble - INDIAN WIRELESS TELEGRAPHY (EXPERIMENTAL SERVICE) RULES, 1962
INDIAN WIRELESS TELEGRAPHY (EXPERIMENTAL SERVICE) RULES, 1962
PREAMBLE
In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act 1885 (13 of 1885), and in supersession of all existing orders on the subject, the Central Government hereby makes the following rules for the conduct of wireless telegraph transmitting and receiving stations, in the Experimental Service, established, maintained or worked in India by persons licensed/under the said Act, namely :-
Rule 1 - Short title and commencement
(i) These rules may be called the Indian Wireless Telegraphy (Experimental Service) Rules, 1962.
(ii) They shall come into force with effect from the date to be notified in the gazette.
Rule 2 - Definitions
In these rules, unless the context otherwise requires:
(i) "Experimental Service" means a service utilizing radio waves in experiments with a view to the development of science or technique but does not include amateur service as defined in clause (i) of rule 2 of the Indian Wireless Telegraphy (Amateur Service) Rules, 1958.
(ii) "Experimental licence" means a licence issued by the Central Government for a type of wireless telegraph transmitting and/or receiving stations in the Experimental Service.
1[(iia) "Software Developer and Telecom Operator of Value Added Services" means any person who, deals in software development or a service provider of value added services, wants to experiment the wireless sets to prospective clients]
(iii) "Wireless telegraphy" or "Radio-telegraphy" includes wireless telephony or radio-telephony.
__________________________________________
1. 5. Inserted by the Indian Wireless Telegraphy (Experimental Service) (Amendment) Rules, 2009 vide Notification No. GSR324(E) Dated 14.05.2009.
Rule 3 - Necessity for a licence
No persons shall operate an experimental wireless telegraph station except under and in accordance with the terms and conditions of the appropriate licence under these rules.
Rule 4 - Categories of Experimental licences
There shall be two categories of licences in the Experimental Service, namely:-
(i) Experimental Wireless Telegraphy Station Licence-Radiating.
(ii) Experimental Wireless Telegraphy Station Licence- Non Radiating.
Rule 5 - Application for licence
Every application for a licence, whether radiating or non-radiating shall be made to the Central Government in the appropriate form in Annexure I.
Rule 6 - Eligibility for licence
A person who
(a) is a citizen of India;
(b) is not less than 21 years of age; and
(c) (if he is an applicant for a radiating licence), is in possession of valid first, second or special class Radio Telegraph Operator's certificate and licence or a non-commercial Certificate of Proficiency, Competency issued by the Central Government or by the Director General, Posts and Telegraphs or has passed the examination for Amateur Station Operator's Certificate Grade I, as the case may be shall be eligible for a licence.
Provided that -
(i) the applicant has in view some definite object of scientific value or public utility or research;
(ii) the Central Government may grant a licence to nationals of foreign countries subject to such conditions as it may determine; .
(iii) applications from bona-fide experimenters between the ages of 16 to 21 years may ordinarily be considered for the grant of non-radiating licence if they are accompanied by a certificate from the Head of the Educational institution attended by the applicant or from his legal guardian that the applicant is interested in the conduct of experiments in radio technique.
(iv) The apparatus is capable of being worked under the conditions of the licence.
(v) the Central Government may relax the conditions under clause (c) in cases where it is satisfied that the conduct of experiments does not call for imposition of these conditions.
Rule 7 - Grant of licence
Every licence, Radiating or Non-Radiating shall be in the form in Annexure II.
Rule 8 - Period of Validity
A licence granted under these rules shall normally be valid upto the 31st December of the year in which it is granted:
Provided that a licence issued between the 1st November and the 31st December of any year shall be valid upto the 31st December of the following year.
Rule 9 - Fee
(1) Government on receipt of instructions from that Government and in the manner directed by it:
Provided that the Central Government may by order and for reasons to be recorded in writing remit the whole or part of such fee in cases where it thinks fit to do so.
1[(2) (a) Fees for a licence under sub-rule (1) shall be payable at the following rate, namely:
Testing, development, servicing and maintenance of wireless telegraphy apparatus, imparting of instructions to students in wireless, telegraphy, research and experimentation (Radiating or non-radiating or both) - Rs. 100 per annum. Provided that the Central government may, by order and for reasons to be recorded in writing, remit the whole or part of such fees in cases where it thinks fit to do so.
(b) No holder of a licence shall be entitled to a refund of fees paid therefore on the ground of his inability to make full use of the licence or on its cancellation by the central Government.]
2[(3) a licence for the purpose of experiment by Software Developer and Telecom Operators of Value Added Services may be granted on payment of a fee at the following rates, namely:-
Serial Number
Type of Licence
Licence Fee
Royalty
Period of validity
Extension of Validity
Maximum permissible period
1
Experimental (non-radiating)
Rs. 5000/-
NIL
6 months
6 months
1 year
2
Experimental (Radiating)
Rs. 5000/-
As per the formula or rates in existence at the time of extension.
3 months
3 months
6 months:
Provided that the frequency for experimental purposes shall be granted on non-interference and non-protection basis and that too for specific locations:
Provided further that no royalty as mentioned in clause (3) shall be charged for non-radiating licence and for the radiating licence for the period of three month from the effective date of licence:
Provided also that no holder of a licence shall be entitled to a refund of fees paid therefore on the ground of his inability to make full use of the licence or on its cancellation by the central Government.]
(1) A licence may be renewed for 2[two year at a time] on payment of a fee of Rs. 15 per station. An application for renewal shall be made at least one month before the expiry of the licence and the fee shall be paid along with the application. It shall not be obligatory for the Central Government to send a notice to licensee to pay the renewal fees.
3[(2) (a) where the licensee does not apply for its renewal prior to the date of expiry of the licence, he may apply for its renewal subsequently also but within a period of one year from the date of expiry of the licence, on payment of surcharge at the rate of Rs.10 for every quarter year or part thereof.
(b) The licence in such a case shall be renewed from the date of expiry of licence failing which the licence shall be deemed to have been cancelled from the date of its expiry]
4(2) A licence granted to Software Developer and Telecom Operator of Value Added Services shall be renewed on receipt of an application and fee, as specified in Column (3) of the Table referred to in rule 9, at least one month before the expiry of the licence and it shall not be mandatory on the part of the Central Government to send a notice to the licensee to pay the renewal fees.]
3. rted by Indian Wireless Telegraphy (Experimental Service) Amendment Rules, 1988 4. Substituted by Indian Wireless Telegraphy (Experimental Service) Amendment Rules, 1988 for the following:-
4[In the case of loss of licence or document showing the renewal of licence, the licensee shall immediately send a report to the Central Government of the loss and circumstances in which the licence of such document was lost.
Rule 12 - Duplicate licence
Where
a licence or document showing the renewal of licence is lost, the Central
Government may issue a duplicate copy of the licence or such document on
payment of following charges:-
1.
for duplicate copy of licence ? Rs.50
2.
for duplicate copy of document showing renewal of licence ? Rs.25]
Rule 13 - Cancellation of licence
A licence may be cancelled! If
(1) the licence is lost on account of the negligence of the licensee, or
(2) the licensee request for the cancellation of his licence. Or
(3) the licence has not been renewed, or the renewal fee not paid within the prescribed time, or
(4) the Central Government is not satisfied with the maintenance or operation of the equipment covered by the licence.
Provided that, before canceling a licence, the licensee shall be given an opportunity to make his objections.
Rule 14 - Transfer of licence
A
licence shall not normally be transferable; but the Central Government may
permit the transfer of a licence, whether Radiating or Non-Radiating granted to
the Head of any educational institution in favour of his successor in office.
Rule 15 - Operation of Station
(i)
No person other than the licensee shall operate an Experimental Wireless
Telegraph Station:
Provided
that -
(a)
such station may be operated by any of the persons listed in the "Schedule
of Operators" at Appendix I to the licence;
(b)
In the presence of the Licensee or a person authorized by him, such station of
any educational institution may be operated by the bonafide students of that
institution.
(ii)
An Experimental Wireless Telegraph Station shall not enter into communication
with an Experimental Station of another country without a specific authorization
from the Central Government to that effect.
Rule 16 - Surrender of licence
A licence which is cancelled or which has expired shall be surrendered to the Central Government.
Rule 17 - Penalty for breach of these rules
Any breach of these rules other than a breach which is an offence under section 20 or section 21 of the Indian Telegraph Act, 1885 shall be punishable with fine, which may extend.
(i) When the person is licensed under the Indian Telegraphs Act, 1885, upto one thousand rupees and in the case of a continuing breach a further fine of two hundred rupees for every day after the first during the whole or any part of which the breach continues;
(ii) When a servant of the person so licensed or another person is punishable for the breach, to one fourth of the amounts specified in clause (i).
Annexure I - Annexure I
Annexure I
Application for a licence to establish, maintain and work an Experimental Wireless Telegraph Station
(Note -Two written references as to character of the applicant should be enclosed.)
2. I. Scientific technical qualification ( if any) of applicant:
(a) Experience in working wireless telegraph apparatus:
(b) Certificate/Certificates of Proficiency/Competency as Wireless Operator held by applicant:
(c) Speed at which applicant can send and receive in the Morse Code:
II. Other particulars;
(a) Particulars of previous applications, if any, made for Experimental Licence, with results:
(b) Particulars of any other wireless licence held:
3. Type of licence applied for:
Experimental Wireless Telegraphy Station licence (Radiating)
Experimental Wireless Telegraphy Station licence (Non-Radiating)
4. Purpose and nature of experiments for which licence is required.
Also state, if the licence is required for Educational institutions, the name of the Institution, the type of experiments, names of supervisor/demonstrators/lecturers etc. If the licence is required for radiating condition, the names of the operators, their qualifications etc. should be annexed to this application.
5. Particulars of apparatus to be used: (Circuit diagram for each type of equipment to be furnished with the application).
(a) Transmitting:
Frequency range:
Power output:
Type of emission:
Quantity (Nos.) :
Type No. :
Manufacturer's name:
Source from which obtained:
Any other particulars:
(b) Receiving:
Frequency range:
Selectivity:
Sensitivity:
Quantity (Nos.):
Type No.:
Manufacturer's Name:
Source from which obtained:
Any other particulars:
(c) Antenna:
(Type, Sketch, dimensions and means of support)
(d) Particulars of dummy load (non-Radiating)
(See note below)
NOTE - For an Experimental wireless Telegraph Station ( Non-Radiating condition) it is obligatory to use a shielded enclosure in which the experiments shall be conducted to avoid radiation outside the enclosure. Dummy load shall be employed with accurate matching to reduce possibility of radiation from the equipment.
6. (i) Power in watts to be used for transmitting (A) @
(ii) Maximum watts at the input of the Aerial
(iii) Source of power supply (8) @
(a) Measured at input:
Volts ... Amperes
(b) D/C or A/C
(c) Cycles per Second A/C
@ NOTE -(A) Power is measured at the input to the anode circuit of the final RF amplifier.
@ NOTE -(B) If batteries are used, state kind;
Primary Cells:
State voltage
Secondary Cells:
State capacity and discharge rate
Local Generator:
Max. power available, type of current A/C or D/C. Periodicity in case of A/C.
Commercial Mains:
Power source. Max. power available voltage, type of current A/C or D/C.
Periodicity in case of A/C.
7. Exact location of stations (s) :
State full postal address (s) :
8. Frequencies desired for
Transmitting:
Kc/s/Mc/s
Kc/s/Mc/s
Kc/s/Mc/s
Receiving:
Kc/s/Mc/s
Kc/s/Mc/s
Kc/s/Mc/s
9. Particulars of shielding proposed to be employed (Non-Radiating ):
10. Type of emission and bandwidth:
11. Fixed or Mobile:
12. Stations with which it is desired to communicate:
13. Area over which the experiments are to be conducted:
14. Hours of working desired (I.S. T.):
15. Details of frequency measuring equipment:
DECLARATION
I undertake to observe the conditions imposed for the grant of the licence and such other conditions as may be imposed subsequently and hereby certify that the apparatus herein described can and will be worked in accordance with the provisions of the Indian Wireless Telegraphy (Experimental Service) Rules, 1962. The installation shall not be made accessible to any un-authorised person at any time.
Signature of Applicant:
Date:
DECLARATION TO OBSERVE SECRECY
I ????????????..do solemnly and sincerely declare that I will not, without authorization, divulge to any person the purport of any message, other than a message intended for the general use of the public, which I may transmit or receive by means of radio telegraph or radio telephone apparatus operated by me or which may come to my knowledge in connection with the operation of the said apparatus.
Place:
Signature of Applicant:
Date:
Witness:
DECLARATION FROM THE HEAD OF THE INSTITUTION OR THE GUARDIAN FOR APPLlCANTS BETWEEN 16 TO 21 YEARS OF AGE
It is certified that Shri ????????.(Name of the applicant) is desirous of conducting experiments in wireless telegraph.
Signature:
Full Name:
Address:
Relationship with the applicant:
This application together with the enclosures if any, should be forwarded to the Wireless Adviser to the Government of India, Ministry of Transport and Communications (Deptts. of Communications And civil Aviation), New Delhi.
A fee of Rs.15.00 per station may on demand be deposited with the Reserve Bank of India. where its branches are located or in the nearest Government Treasury or in a branch of the State Bank of India or in a Treasury authorized to transact business on behalf of the Central Government, under the account head "LII-Miscellaneous Receipts of the Wireless Planning and Coordination Organisation -Licence Fee".
Licence to establish, maintain and work an Experimental wireless Telegraph Station in India.
(Name and address of person or institution) _______________________________ ________________________________________________of _________________ __________ (hereinafter called" the licensee') is/are hereby authorised to establish, maintain and work a wireless telegraph station for the purpose of ______________ ________________________________________________________________________________________________________________________________________________________________________________________________________________ at _________________________________________________________ and/or any location specified in Appendices II and III (hereinafter called "the station") subject to the conditions attached to this licence and the payment at RS.15/- per annum per station.
The licence is granted under the authority of Section 4 of the Indian Telegraph Act, 1885.
The licence is governed by the Indian Wireless Telegraphy (Experimental Service) Rules, 1962.
Particulars of the Licence
(i) Type of licence (Radiating or non-radiating)
(ii) Location of the Station/Stations
(iii) Call Sign/signs
(iv) For other details see Appendices I, II and lor III.
Issued by the Government of India.
( )
Wireless Adviser to the Govt. of India
Ministry of Transport and Communication
(Deptts. Of Commns. & Civil Aviation)
New Delhi, dated the
INSTRUCTIONS
Renewal of Licence -The fees for the renewal, at Rs.15.00 per station per annum, should be deposited in the Reserve Bank of India where its Branches are located or in the nearest Government Treasury or in a Branch of the State Bank of India or in a Treasury authorized to transact business on behalf of Government, under the account head "LII-Misc. Receipts of the Wireless Planning and Co-ordination Organisation -Licence Fees".
Change in address and other particulars of the licence -Any change in location/location(s) or other particulars specified in the licence should immediately be brought to the notice of the Government of India. .
The licence is subject to withdrawal or modification at any time either by specific notice in writing sent or delivered to the licensee at the address shown in the licence or by means of a general notice by the Central Government in the official gazette addressed to all holders of such licences.
The licensee may not assign, under-let or otherwise dispose of or admit any person to participate in the benefits of this licence.
The licensee shall not use or allow the station/station(s) to be used for any purpose other than that described in this licence.
Conditions common to experimental wireless telegraph station -Radiating -Non-radiating.
I. Type of emission, frequencies, power and aerial system -Only the type of emission(s), frequency(ies) , power (measured at the anode(s) of the valve(s) delivering power to the aerial circuit) and aerial system specified in this licence and/or in its appendices shall be used. In case of non-radiating condition the power shall be measured at the input to the dummy load.
The use of "spark" sending apparatus and of unrectified or inadequately smoothed rectified alternating current is specifically forbidden.
II. Frequency Control and measurement -The sending apparatus shall invariably be tuned to the authorized frequency(ies) on which it is proposed to send; such frequencies shall not vary outside the frequency tolerance limit specified in the Radio Regulations for the frequency band concerned. Reliable frequency measuring equipment should be employed for measurement of frequency. For the transmitting equipment which is not crystal controlled, frequency measuring equipment shall be crystal controlled.
III. Operation and access to transmitting apparatus -
(a) the apparatus shall in all cases be operated by personnel specifically authorized by the Central Government (see appendix I); provided that in the case of stations established in educational institutions the apparatus may be operated by its bona fide students under the supervision of the person(s) authorized by the licensee.
(b) Whenever the station is working under radiating condition an operator holding a valid certificate of Proficiency/competency must be present.
(c) It is the responsibility of the licensee to ensure that the operator(s) always observe(s) the conditions of the licence and that access to the apparatus cannot be obtained by unauthorized persons at any time.
IV. Secrecy of Correspondence ? If any message which the licensee is not entitled to receive is unintentionally received the licensee shall not make known its contents, its origin or destination, its existence or the fact of its receipt to any person and shall not produce in writing, copy or make any use of such message or allow the same to be reproduced in writing, copied or made use of for the purposes listed above.
Provided that any legitimate disturbance to the operation of the station or any infringement of the Radio Regulations or Intemational telecommunication Convention in force if observed, may be reported forthwith to the Central Govemment.
V. Log - A running record shall be kept in a book of approved type (not loose leaf) of all transmissions/experiments chronologically showing the date and time of each transmission/experiment and an indication of the signals or words used or the results obtained together with the frequency and the type of emission employed in the transmission/experiment. Gaps shall not be left between the entries in the log-book. The log-book shall in all cases be initialed by the operator making the transmission/experiment. Erasures and / or intercepted writings should be avoided. (The log should be maintained in the proforma shown in Appendix IV.)
VI. Call signal -The call signal allotted to the station shall invariably be sent in full either by morse telegraph at a speed not greater than 20 words per minute or telephonically under both Non-Radiating and Radiating conditions. The call-signal shall be sent three times consecutively at the commencement of the transmission and for any transmission exceeding 15 minutes shall be repeated in the same manner at the commencement of each succeeding period of 15 minutes and at the conclusion of the transmission. When calling up another station the call signals of the calling station shall be sent three times. In answering a call, the call signal of the calling station shall be sent three times and the call signals of the answering station once. The call signal of the two stations shall be separated by the word "de" in the case of telegraphy transmissions and "from" in the case of telephony transmissions. The call signal of the sending station shall also be sent at every occasion when the frequency is changed. In exceptional circumstances where the call signal cannot be sent the Central government may agree to waive this condition. The use of the general call "CQ" is expressly forbidden.
VII. Non-interference -The station shall be used in such a manner as not to cause any interference with other stations. The arrangement employed for "Keying" the transmitter shall be such as to ensure that the risk of interference due to key clicks being produced in neighboring apparatus is reduced to a minimum. I
VIII. Aerials -The aerial used shall be that as authorized in the licence. However, the dimensions and location of the aerial should be such that they do not cause any hazard, or get affected by the adjacent power or telecommunication lines. An aerial which crosses above or is n liable to fall upon or to be blown on to any overhead power line (including electric lighting and tramway wires) shall be guarded to the reasonable satisfaction of the owner of the power wire concerned.
If the station is situated within half a mile of the boundary of any aerodrome, the height of the aerial above the ground level shall not exceed 50 ft. or as per rules or directives issued by the Civil Aviation Department from time to time.
IX. Propoganda -The station shall not be used for social, or political propaganda of any other type whatsoever.
X. Broadcast Reception -This licence does not cover the reception of broadcast programmes for which a separate broadcast receiver licence of the appropriate category must be obtained.
XI. Legal obligation of the licensees -Nothing contained herein shall be deemed to relieve the licensee of any responsibility for any infringement of patent rights which may be incurred by the use of the licensed apparatus.
The licensee shall indemnify the Central Government against all actions, claims and demands which may be brought or made by any person, body corporate or company in respect of any injury arising from any act licensed or permitted by this licence.
XII. Inspection -The station covered by this licence, (which shall be subject to the approval of the Central Government) together with the record of transmissions and this licence, shall be open to inspection whenever transmissions/experiments are taking place and at all other reasonable times by officers duly authorized for that purpose by the Central Government.
XIII. Portable stations; operator's credentials -When the use of a portable transmitter is authorized, the operator responsible for the working thereof shall have in his possession this licence, which must be produced on demand, for inspection by any person authorized by the Central Government.
XIV. Control in emergency -If and whenever in the opinion of the Central Government it is expedient that the Central Government shall have control over the sending of messages by means of the station covered by this licence, it shall be lawful for the Central Government to direct and cause the station to be taken possession of in the name and on behalf of the Central Government and to prevent the licensee from using it and for these purposes to' cause any part of or all the apparatus forming the station to be removed to such place as they may think fit and any person authorised by the Central Government may from time to time enter the premises at which the station is maintained for any such purposes as aforesaid.
The licensee shall not be entitled to any compensation in respect of the exercise by the Central Government of the powers conferred by this condition which shall remain in force notwithstanding the withdrawal or modification of the licence.
XV. Determination of Licence -when this licence is determined it must be returned to the Wireless Adviser to the Govt. of India, Ministry of Transport and communications, (Deptts. Of Communications and Civil Aviation), New Delhi.
Special conditions for experimental wireless telegraph station -
Non-Radiating condition.
1. he licensee shall, whenever so licensed, endeavour at all times to operate under non-radiating condition, and such transmissions may be made at any time and on any frequency authorized in Appendix II.
2. The apparatus must be such that radiation must be such that radiation therefrom will not be perceptible outside the enclosure in which the apparatus is installed and no attempt shall be made to send signals to other stations. The transmitting apparatus must be located in an effectively screened enclosure and its aerial output circuit shall be connected to an "Artificial Aerial" whenever possible so as to confine the radiation within the shielded enclosure. All electric and other wires led into the screened enclosure should be connected through filters to earth so as to suppress any radio frequency currents being conveyed through them to outside. By "Artificial Aerial" is meant a closed, non-earthed circuit arranged as nearly non-radiating as possible. Any inductance should be in one piece and of small dimensions ( as distinct from an inductance of large dimension such as frame aerial). No outside aerial, whether intended for transmission or reception will be led into the screened enclosure, nor will any arrangement, by which radiations generated in the screened enclosure may be connected to an outside aerial system, be permitted. The transmitting set shall be permanently located in the screened enclosure and shall not be removed outside it for any purpose whatsoever. Failure to prevent perceptible radiations beyond the enclosure in which the apparatus is situated, will render this licence liable to be cancelled.
Special Condition for Experimental Wireless Telegraph Station -Radiating condition
When so licensed, the licensee shall radiate transmissions only on authorized frequencies specified in Appendix III and only at the times and for the period stipulated therein.
Appendix I - APPENDIX I
APPENDIX I
Licence No.
Name of Licensee
Call Sign:
Schedule of Authorised Operators
S.No.
Name
Qualification
* Certificate Licence No.
Remarks
* To be filled in only in case of Licence for Experimental Wireless Telegraph Station (Radiating)
Appendix II - APPENDIX II
APPENDIX II
Licence No.
Date:
Name of Licensee
Call Sign:
Particulars of Authorised Operators under Non-radiating Condition
S.No.
Equipment
Alloted Frequencies
Rated Power Output
Type of Emission
Period
Purpose for which Authorised
Remarks
From
To
Appendix III - APPENDIX III
APPENDIX III
Licence No.
Date:
Name of Licensee
Call Sign:
Particulars of Authorised Transmission under Radiating Condition
