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Home , Land mobile station, Radiotelephone

CHAPTER 5

AUTHORIZED USAGE

5.0 GENERAL departments and offices, state and local governments, foreign embassies, foreign Pursuant to the Federated States of companies, visitors and private sector. Micronesia Radio Communications Act Except for common carrier services, FSM of 1991, within the national territory of citizenship is not a requirement to obtain the Federated States of Micronesia, all a license. use of the spectrum for A radio frequency license may be transmissions by radio for obtained by submitting an application for or for other purposes a license (See Section 5.8 of this chapter shall be made only as authorized by the for the radio frequency application forms Department of Transportation, and associated instructions.) along with Communications and Infrastructure. the license fee to: FSM Department of The Secretary of the Department has Transportation, Communications authority to allocate electromagnetic and Infrastructure spectrum so as to provide flexibility of P.O Box PS-2 use, if – Palikir, Pohnpei FM 96941

a) such use is consistent with All licenses must be renewed at the end international agreements to which of their term if the radiocommunication the Federated States of equipment is still being used. The fee for Micronesia is a party; and license renewal is same as listed in the fee schedule. b) such use would not deter 1. Assignment of License: Except with investment in communications the consent of the Secretary of the services and systems, or Department of Transportation, technology development; and Communications and Infrastructure or his designee, a licensee shall not transfer his c) such use would not result in license or assign, sublet or otherwise harmful interference among users. dispose of, or admit any other person to participate in, any of the benefits of his 5.1 Requirement for Radio license or the power or authorities Frequency License granted by his license. 2. Refusal of License: The Secretary of Except as provided in this chapter, a the Department of Transportation, radio frequency license authorizing use of Communications and Infrastructure or his a radio frequency by specific designee may refuse to grant or renew a radiocommunications equipment, is license. required before any radio frequency 3. Form of License: A license shall be in emitter can be turned on. The the form of document or a label or both, requirement for a radio frequency license as determined by the Secretary of the also applies to national government Department of Transportation, 2

Communications and Infrastructure or his community or of an area to the extent of designee. endangering human life and property and 4. Exhibition and Inspection of License: in connection with which special (a) Except in the case of a license to communication facilities are required which Subsection(c) applies, a licensee temporarily. must clearly exhibit his license at all 3. Emergency operations shall be times in the room or place where the discontinued as soon as substantially equipment the subject of the license is normal communication facilities are located. restored. (b) In the case of a license in the form of label, the license must be kept affixed at 5.3 Radio Frequency Licenses all times to part of the equipment the subject of the license. 5.3.1 Service (c ) In case of: (i) an license; or 1. A license is required for individuals (ii) a handphone station license; or and club stations. For individuals, two (iii) a harbor mobile station license, or classes of amateur operator licenses are (iv) an interior paging service license, or issued: novice and general. Amateur (v) a land mobile station license, or radio licenses are issued for a period of (vi) a radiocommunication station four years unless a special is license, or requested. One year license is issued if a (vii) radio-linked microphone service, or special call sign is requested. (viii)an earth station license. 2. A non-FSM citizen may obtain a the licensee shall make his license license for use while they are staying in available for inspection at all reasonable the Federated States of Micronesia if he times on demand by the Department of or she already holds a license issued by Transportation, Communications and another government or successfully Infrastructure or its designee. achieves a passing grade on an amateur radio examination in the FSM. A copy of the license issued by his or her home government must be submitted with the 5.2 Emergency Communications application for a license. The class of license that is issued is dependent on the 1. In an emergency it is permissible to class of license that is held in his or her operate temporarily on regularly assigned home country or the level of examination in a manner other than that that is passed in the FSM. Non-FSM specified in the terms of an existing citizens Amateur station licenses are for a assignment or on other appropriate period of one year subject for renewal. circumstances: 2. An emergency must actually exist or 5.3.2 Service imminently threaten. An emergency for the purpose of this provision means a 1. A station license is required for all situation of temporary duration resulting AM, FM and shortwave (high frequency) directly or indirectly from a natural radio stations, all VHF and UHF catastrophe or other occurrence that stations, and multi-point seriously affects the welfare of a distribution service systems providing 3

television and/or radio programming. All business radio service are for a period of licenses in the broadcasting service are one year. for a period of one year. 2. Users of cellular , cordless 2. No radio frequency license is required phones, and hand-held satellite to provide or terminals do not require an individual broadcasting satellite services as long as radio license. Authority for operation of the satellite is not owned or partially such radios is granted to the service owned or operated by an FSM legal provider. Cellular , cordless entity. Broadcasting satellite receive only phones, pagers and hand-held satellite earth stations are authorized under a terminals not authorized by the service blanket license to the service provider. provider (such as “cloned” cellular telephones) are considered unlicensed 3. If a broadcasting station fails to and are prohibited. transmit broadcast signals for any 3. Radio Dealer’s License: All radio consecutive twelve month period, then dealers doing business in the FSM require the station license granted for the a business license. A radio dealer’s operation of the broadcast station expires license authorizes the licensee to deal in at the end of that period, notwithstanding or let or hire or loan or demonstrate, any provision, term, or condition of the apparatus, or to repair or adjust or to license to the contrary. manufacture apparatus. A radio dealer shall keep a record of his business 5.3.3 Business Radio Services dealings. All radio dealers license are for four years. 1. All base and mobile or mobile to . mobile (including portables/hand held 4. Radio Programmers: All radio dealers radios) radio systems for example; doing business in the FSM require a belonging to a taxi service require a business license. A radio dealer’s license business radio service license. A authorizes the licensee to deal in or let or business radio license is also required for hire or loan or demonstrate, apparatus, or “citizens band” radios that operate in the to repair or adjust or to manufacture 25.10-25.98 MHz band if the system apparatus. A radio programers shall keep includes a or mobile station a record of his business dealings. All with greater than 10 watts of output radio programmers license are for four power. Hand held citizens band radios years. operating with an output power of less than 10 watts do not require a license. All radios operating in the citizens band 5.3.4 Aeronautical Radio Services must not use the following reserved channels for conducting its business at all All aeronautical radio services operated times. The following CB channels are: 9, by airlines or private plane owners at or 17, and 26 which operate on 27.065MHz, near airports require a business radio 27.165MHz and 27.265MHz. These license. Radios operated on-board channels are reserved for emergency aircraft while they are in movement at an communications, disaster and airfield or in flight, do not require a radio government use. All licenses in the license. All station licenses in the 4 aeronautical radio services are for a 2. All fixed point-to-point period of one year. links, VHF and UHF point-to-point radio systems, point-to-multi-point radio 5.3.5 Maritime Radio Services systems and all over the horizon radio system require a fixed service license. 1. Shipborne radios that operate in the All licenses in the fixed service are for a medium frequency (MF), high frequency period of one year. (HF) or (VHF) bands 3. All individual MF and HF fixed do not require an individual radio license stations are required individual station nor do shipborne , global license. All such licenses are for a period positioning satellite receivers or depth of one year. finders. Such authorizations are granted by regulation. Operation without 5.3.8 Satellite Services individual licenses is allowed provided that the equipment complies with the 1. Any satellite that is owned or partially technical specifications in Annex C. owned or operated by an FSM legal entity Maritime land coast stations in the MF, requires a license. All transmitting and HF or VHF bands do require a business receiving satellite earth stations also radio license. require a license. Before they begin 2. Radio stations in the Maritime Radio operating, all satellites and transmitting Services, Fixed and mobile except as earth stations are subject to coordination mentioned above require a license. The with neighboring countries under licenses are for a period of one year. International Union (ITU) coordination procedures with 5.3.6 Common Carrier Services regard to possible harmful interference to terrestrial radio services and other earth Companies providing cellular, personal stations. All satellite licenses are for a communications and/or paging services period of eight years. All earth stations are required to have common carrier are for a period of one year. All entities licenses. Use of very small aperature including foreign embassies that want to satellite terminals (VSAT) and establish earth stations, including local loop technologies (WLL) to extend very small aperture terminals (VSAT), public switched network must obtain Intelsat service by going services are also required to have a through FSM Telecommunications common carrier license. All licenses in Corporations. the common carrier service are for a period of four years. 2. A portable earth station, such as an land terminal, may be 5.3.7 Fixed Services authorized if there is special justification. An example of a justification would be 1. All inter-island MF and HF fixed use of such equipment in areas beyond networks are authorized under a blanket the public switched . A license issued by the Department of license for a portable earth stations is for Transportation, Communications and a period of one year. Infrastructure. Individual stations do not require a license, 5

5.3.9 Other Radio Services Communications and Infrastructure. Payment of a license fee is required to All radiocommunications systems that cover part of the costs incurred in operate in other radio services defined in managing the use of the this Chapter including individual or for the benefit of all licensees as a whole, private radiocommunication system, including those associated with ensuring require a general radio station license. radio operations free of harmful All licenses in the general radio service interference. are for a period of one year. 2. All requests for authority to operate radiocommunication equipment are to be submitted by diplomatic note to the Department of Foreign Affairs at least ten 5.4 National, State and Local working days prior to planned Governments commencement of use. Applications for satellite earth stations require 30 working All national government departments and days advance notice. The diplomatic note offices and state and local governments must include the frequency(ies) must obtain a radio frequency license requested, emission designator including from the Department of Transportation, the , power, station Communications and Transportation for class (or specify base station, repeater, all radiocommunication equipment before mobiles, portables/hand held radios), it can be purchased or operated. coordinates of transmitter and a Licensing is required before expenditure description of the frequency usage. of funds to ensure the availability of radio Requests to establish a transmitting or frequency support and to ensure that the receiving satellite earth station must equipment meets FSM technical include the technical characteristics standards. There are no fees for radio required by appendix S4 of the ITU licenses for federal government Radio Regulations. departments and state and local 3. All requests (including those to renew governments. The term of radio licenses licenses) for authority to operate for these stations is four years. radiocommunication equipment by the U.S. embassy or U.S. government 5.5 Radio Frequency Licenses for agencies are to be submitted to the U.S. Foreign Governments Competent Authority for communication issues with the Government of the 1. In accordance with Article 27 of the Federated States of Micronesia at the Vienna Convention, all U.S. Department of State, Washington, radiocommunications equipment operated D.C. The U.S. Competent Authority by foreign embassies (except for the will, as appropriate, submit the request to embassy of the United States of America) the Department of Transportation, anywhere in the Federated States of Communications and Infrastructure for Micronesia on a continuing basis, during coordination pursuant to the procedures emergency conditions or during the visit established by FSM/U.S Joint of senior government officials require Telecommunication Board (JTB) under either a license or a letter of approval the Compact of Free Association. from the Department of Transportation, 6

4. The FSM Government will endeavor public switched telephone network for all to accommodate all embassy requests for regular domestic and international radio licenses. However, under normal telephone traffic. Any earth station circumstances, all frequency usage operated as a private network must pay a requests must be in accordance with the $5,000 annual license fee. ITU international Table of Frequency Allocations and Radio Regulations and 5.6 Licensing Fees must not interfere with radio stations A license fee is assessed to cover part of already authorized by the FSM the costs incurred by the Division of Government. Communications in the Department of 5. All frequency usage for a period Transportation, Communications and greater than thirty days requires a radio Infrastructure in managing the use of the frequency license that is issued for a radio frequency spectrum for the benefit period of one year and payment of a of all licensees. Those costs include license fee of $50. Use of a radio administrative processing of radio frequency for less than thirty days does frequency applications, technical support not require a license but a letter of to applicants and ensuring that all approval from the Department of licensed communication systems can be Transportation Communications and operated free from harmful radio Infrastructure is required. This procedure interference that might be caused by other applies to visiting military vessels and communications facilities. The fee airplanes as well. structure is based on the nature of the 6. Embassies are expected to use the service being provided. FSM Telecommunications Corporation’s

LICENSE FEE SCHEDULE

Item No. US Dollar 1. Mobile Base (VHF, UHF) $30 2. Fixed Base (SSB/HF, MF) $80 3. Repeater $40 4. Fixed Base – Supplementary $40 5. Mobile $20 7. Corporate $500 8. Paging Transmitter $10 9. Remote Control Station $30 10. Citizen Band Radio Service (CBRS) – a) Mobile $5 b) Base $5 c) Repeater $10 11. Outpost Station $20 12. $400 7

13. Aircraft Station a) Class 1 $40 b) Class 2 $60 c) Class 3 $90 14. Coast Station $400 15. Limited Coast Station $70 16. a) Class 1 $10 b) Class 2 $25 c) Class 3 $75 17. Point-to-Point simplex $150 18. Point-to-Point duplex $400 19. Point-to-Multi-Point (5 remote stations) $400 20. AM Station $150 21. FM Station $175 21. $800 22. Outside Broadcast Station a) Sound $50 b) Television $200 23. Amateur Service a) Novice $10 b) General $10 24. Earth Station Receive Only $100 25. Earth Station Handheld (Receive Only) $10 26. Earth Station Handheld $20 27. Earth Station Portable/Mobile $100 28. Earth Station Transportable $300 29. Earth Station Fixed a) Standard A $2,500 b) Standard B $2,000 c) Operate own network $5,000 30. Radionavigation Station $90 31. Radiolocation Station $70 32. Meteorology Station $90 33. General Station $300 34. Channel Reservation Fee $30 35. Radio Dealer Limited $400 36. Radio Dealer Full $600 37. Multi-Channel Multi-point Distribution Service 8

a) 10 W $1,000 b) 1 W $800 c) 0.1 W $900 38. Cellular Mobile (Digital) – a) Base Control $1,400 39. Cellular Mobile (Analog) – a) Base Channel $300 40. Narrow Cast Subscription Television – a) Less than 10 W $1,000 b) Less than 100 W $1,250 41. Narrow Cast Subscription Sound – a) FM 20 W $140 b) AM 10 W $200 42. Narrow Cast Open Television – a) Less than 10 W $500 b) Less than 100 W $500 43. Narrow Cast Open Sound – a) FM 20 W $70 b) AM 10 W $100 44. Transmitter (Low Power 1 W) $10 45. Television $300 46. Low Power Device Not Applicable.

* These license fees are subject to being doubled if special handling is required.

Section 109 of the Code reads as 5.7 Impoundment of Unauthorized follows: Equipment (1) No person shall possess or Pursuant to section 109 of title 21 of the use any radio transmission equipment Code of the Federated States of which is not in compliance with this Micronesia, the Department of chapter or the regulations promulgated Transportation, Communications and thereto. Infrastructure is authorized to regulate radiocommunications in the FSM by (2) The Secretary of the authorizing the impoundment of Department of Transportation, Communications and Infrastructure or equipment not in compliance with the his designee, on reasonable belief, may law, and for other purposes. declare any radio transmission equipment as not in compliance with this 9 chapter or the regulations promulgated thereto. Upon declaring radio equipment (5) An impoundment made as not in compliance, the Secretary or his pursuant to this section may continue designee shall give a written notice to until the Secretary or his designee is the owner or possessor of the given reasonable assurances by the noncomplying equipment and therein owner or possessor that the equipment state the factors regarding why the will be brought into compliance. The equipment is not in compliance. The Secretary or his designee may send notice shall also include the provisions noncomplying equipment directly to a of this section. repair shop: PROVIDED, however, that the owner or possessor has executed a (3) In the notice the Secretary or written agreement to pay for the cost of his designee may prohibit further use of bringing the equipment into compliance. the noncomplying equipment, may state conditions regarding continued use of (6) Impoundments made the noncomplying equipment, and may pursuant to this section shall in no way direct the owner or possessor to have the be deemed a seizure. equipment brought into compliance within 30 or more days. The owner or (7) Copies of the notices possessor of radio equipment designated required by this section shall be retained by the Secretary or his designee as not in by the Secretary or his designee for at compliance may, pursuant to section 108 least 5 years. Noncomplying equipment of title 17 of this code, petition the must be returned within 10 days after a Secretary for a hearing on and complaint, if proper notice was not reconsideration of the finding of given. Nothing herein, however, shall noncompliance. prevent the equipment from again being taken and impounded upon proper (4) Noncomplying equipment notice. used when prohibited, used in violation of the conditions stated in the notice, or (8) The owner or possessor of not brought into compliance within the impounded radio equipment may time frame stated in the notice, may be petition the Secretary for an taken and impounded by the Secretary, administrative hearing and his designee, or any duly authorized reconsideration of the decision to officer of the law. At the time of impound. Upon a negative result from removal, the impounding authority shall the administrative hearing, the owner or leave a notice of impoundment with the possessor may appeal by bringing an possessor or owner of the noncomplying action in the Trial Division of the equipment or, if unavailable, at the place Supreme Court of the Federated States from which the equipment was taken. of Micronesia. The notice of impoundment shall include information about the custodian, the (9) An owner or possessor of location and identification of the radio equipment regulated under this equipment, and the basis for the chapter shall be deemed to have impoundment of the noncomplying consented to the inspection at reasonable equipment. hours of his or her equipment for 10 compliance with this chapter or the regulations promulgated thereto. The The Secretary of the Department Secretary or his designee, upon a reserved the rights to reject any reasonable belief that radio equipment is application. License applications can be not in compliance, shall be permitted obtained from the FSM Department of access to inspect the equipment during Transportation, Communications and reasonable hours. Refusal to permit Infrastructure P.O Box PS-2 Palikir, reasonable entry for inspection of the Pohnpei FM 96941 or can be equipment shall constitute adequate downloaded from the Department’s probable cause for a search warrant. website at http://www.ict.fm/

(10) The impoundments 5.9 CALL SIGNS permitted by this section shall not preclude any other penalties provided in 5.9.1 International Provisions this chapter.” The international provisions concerning the identification of transmissions of radio stations are contained in Article 19 5.8 Application for Radio Frequency of the ITU Radio Regulations, 2004 License edition.

This section contains the application for 5.9.2 Use of Call Signs station license and the instructions for completing it. The Department avails 1. Users of radio are required to comply the following application forms: with the aforementioned ITU Radio a). fsmtci001- Amateur Radio Regulations. The following procedure is b). fsmtci002- Broadcast (FM, AM or the recommended practice where TV) applicable in the conduct of operations c). fsmtci003- Land and Ship station. in the types of services indicated:

Application forms must be legibly Fixed and Land completed and submitted to the following address: 2. Each station shall transmit its FSM Department of Transportation, assigned call sign on each frequency in Communications and Infrastructure use at the beginning and end of P.O Box PS-2 operation, and at least once an hour. Palikir, Pohnpei FM 96941 More frequent identification may be made if delay to traffic will not result. The same application forms can be used 3. Radiotelephony transmissions shall for renewal of an existing license. Each be identified by speaking the words application must specify an address in "THIS IS" followed by the letters or the Federated States of Micronesia to be alpha-numeric combination of the call used by the Department of sign; or by means of an automatic Transportation, Communications and identifier transmitting in International Infrastructure to direct correspondence in the prosign, "DE" to the licensee. followed by the call sign. When an 11 automatic identifier is used, it will be the applicable provisions of the ITU programmed to identify the station once Radio Regulations and all other every 30 minutes. Radiotelegraphy international agreements in force to transmissions shall be identified by which the Federated States of sending in international Morse Code the Micronesia is a party. prosign "DE" followed by the call sign. 4. Radioteletype transmissions shall be Automatic Morse Equipment identified by transmitting the prosign "DE" followed by the call sign, in 8. Automatically activated equipment teletype characters. Facsimile may be used to identify radiotelephone transmissions shall be identified by. stations by the International Morse Code any one of the preceding methods after providing the following conditions are removing the facsimile signal. Pictures met: need not be interrupted to comply with (1) The signal output of the the hourly identification. automatic identification equipment shall 5. Twin-channel single circuits be connected to the transmitter at the employing on one or both microphone input or any other channels shall be identified through the manufacturer provided signal input use of radiotelephony identification terminal and shall be adjusted to produce procedures on either channel. Circuits 40% + 10% of the maximum permissible employing single or multiple tone /deviation level. This modulation shall be identified through adjustment shall be performed when all the use of tone modulated on other modulating signals are absent. at least one channel employing the (2) The Morse Code transmission procedure described under radio rate shall be maintained between 20 and telegraphy transmissions. 25 words per minute. (3) The frequency of the keyed Mobile tone comprising the identification signal shall be 1200 Hz + 800 Hz. 6. A mobile station associated with a base station which transmits only on the Miscellaneous transmitting frequency of the associated base station is not required to transmit 9. Stations which are entirely automatic any identification. in their operation such as telemetering, 5. A mobile station which transmits on hydrological and weather reporting, and any frequency other than the aeronautical instrumentation, are exempt transmitting frequency of the associated from these requirements. base station, or which has no associated 10. Stations employing complex base station, shall transmit the required systems which require special terminal identification at the end of each equipment for normal reception of traffic transmission or exchange of will, so far as practicable, identify at transmission or once each hour of the least hourly. operating period. Identification procedures shall be those set forth for 5.9.3 Obtaining Call Signs the fixed service. A mobile station in the maritime mobile service is subject to 12

All stations operating in the Federated 1. All users of the radio frequency States of Micronesia including all spectrum may purchase “off-the-shelf” stations generating on land, sea, and in non-licensed devices that conform to the air shall have special call letters Part 15 of the United States Federal designated by the Department of Communications Commission’s (FCC) Transportation, Communication and Rules and Regulations (47 CFR 15) Infrastructure." Call signs to be used for without further authority from the the identification of transmissions of Department of Transportation, radio stations may be obtained by Communications and Infrastructure. communicating with the Department of 2. Non-licensed devices are subject to Transportation, Communication and the FCC equipment authorization Infrastructure, Palikir, Pohnpei, programs of certification, notification Federated States of Micronesia 96941. and verification and shall bear the required appropriate FCC label or 5.10 MARITIME SERVICE statement of limitations to operations. IDENTITIES 3. The user operating a non-licensed device that causes interference to an Under the ITU Radio Regulations (RR authorized radio service shall promptly S19.30), ship stations and ship earth take steps to eliminate the interference. stations to which the provisions of Upon notification by the Department of Chapter SXI and coast stations or coast Transportation, Communications and earth stations capable of communicating Infrastructure that the device is causing with such ships shall have assigned to interference, the operator of the non- them maritime mobile service identities, licensed device shall cease all radiations as the need arises. The maritime from the device until the interference is identities consist of a code, the Maritime eliminated. ID, or MID, which is assigned to ships 4. Users operating a purchased non- and coast stations, internationally, in licensed device have no vested accordance with RR S19, and Section recognized right to continued use of the VI, and the Preface to List VIIA. Certain device in any part of the radio frequency blocks of codes are assigned to each spectrum. Non-licensed device administration which then are assigned operations must accept any interference by the administration to its ships and from any authorized radio system, other coast stations. In the Federated States of non-licensed device, or industrial, Micronesia the Department of scientific and medical (ISM) equipment. Transportation, Communication and Infrastructure will be the responsible 5.12 Low Power Intentional, agency for the assignment of MID Unintentional or Incidental codes. MID codes are used as unique Radiator or Device addresses for digital and maritime mobile satellite calling, in As stated in Section 5.11 above, a low some cases. power intentional, unintentional or incidental radiator or device may be 5.11 Non-Licensed Devices operated without a license as long as the non-licensed FCC Part 15 device is operated in accordance with the 13

standards and procedures set forth in the have no vested or recognized right to United States FCC Rules and continued use of the device in any part Regulations. The regulations and of the radio frequency spectrum. These standards in these Regulations are a devices must accept any interference subset of the FCC Part 15 regulations from any authorized radio system, other that govern the use of low power devices non-licensed device, or industrial, in the Federated States of Micronesia. scientific or medical (ISM) equipment. See Annex K of these regulations for the definitions and technical standards for 5.14 USE OF FREQUENCIES BY the operation of these devises. INDUSTRIAL, SCIENTIFIC, AND MEDICAL (ISM) EQUIPMENT 5.13 USE OF NON-LICENSED DEVICES Without further authority from the Department of Transportation, 1. Annex K of these regulations is based Communications and Infrastructure, on Part 15 of the FCC's Rules and ISM equipment may be operated under Regulations (47 CFR 15) which governs the conditions specified in this section use of radio frequency devices that do for particular categories of equipment or not require an individual license to oper- types of operations. ate (i.e., "non-licensed devices"). The term "non-licensed device" used in this 5.14.1 Operation on Particular Section refers only to devices - and Frequencies Designated for operations of such devices - that ISM Equipment conform to the technical criteria in Annex K. Users may operate devices 1. The following frequencies are desig- that conform to the technical criteria in nated for use by ISM equipment, the Annex K without further authority from emissions of which shall be confined the Department of Transportation, within the frequency limits associated Communications and Infrastructure. with each frequency: Additionally, any operational capability that conforms to the technical criteria in 6780 kHz ±15.0 kHz Annex K may be incorporated into 13560 kHz ±15.0 kHz otherwise authorized telecommunication 27120 kHz ±163.0 kHz systems without further authority. 40.68 MHz ±20.0 kHz 2. The user operating such developed 915 MHz ±13.0 MHz devices that cause interference shall take 2450 MHz ±50.0 MHz steps to eliminate the interference. Upon 5800 MHz ±75.0 MHz notification by cognizant spectrum 24.125 GHz ±125.0 MHz management personnel that the device is 61.25 GHz ±250.0 MHz causing interference, the operator of the 122.5 GHz ±500.0 MHz non-licensed device shall cease all radia- 245 GHz ±1.0 GHz tions from the device until the interference is eliminated. In the event harmful interference is 3. Users operating a device developed caused by ISM operation to any autho- under the technical criteria of Annex K, rized radio service outside the frequency 14 limits specified, the operator of the ISM 25 µV/m at a distance of 300 meters equipment shall promptly take necessary or, for equipment generating more than steps to eliminate such interference, 500 watts of RF power on the except in those cases where the fundamental frequency, 25 µV/m times interference is due to direct intermediate the square root of P/500 (where P is the frequency pickup by a receiver of the actual RF power generated), but not to fundamental frequency emissions of exceed 10 µV/m at 1600 meters, ISM equipment operating on an ISM provided this increase is not permitted frequency, and the operator otherwise for equipment located in a pre- complies with this section. dominantly residential area and operat- 2. ISM equipment, other than industrial ing on a frequency below 1000 MHz. heating equipment, that is operated on the frequencies 915, 2450, 5800 MHz, 5.14.2 Operation on Frequencies and 24.125 GHz, is subject to the Other Than Those Designated following conditions: for ISM Equipment a. The energy radiated and the band- width of emission shall be reduced to the 1. Operation of ISM equipment within maximum extent practicable. the following safety, search and rescue b. In the event harmful interference is frequency bands is prohibited: 490-510 caused to authorized radio services from kHz, 2170-2194 kHz, 8354-8374 kHz, spurious or harmonic radiation from 121.4-121.6 MHz, 156.7-156.9 MHz, ISM equipment, the operation of the and 242.8-243.2 MHz. ISM equipment shall be discontinued 2. In the event harmful interference is until necessary measures have been caused to any authorized radio service taken to eliminate such interference. outside the frequency limits specified in 3. Medical diathermy equipment may be Section 5.14.1, by ISM operation operated on the designated ISM frequen- conducted pursuant to this section, the cies without regard to the type or power operator of the ISM equipment shall of emissions being radiated, except as promptly take the necessary steps to specified above. However, any harmonic eliminate the interference. or other spurious radiation outside the 3. Medical diathermy equipment shall frequency limits specified in this section be provided with a rectified and filtered shall be suppressed so as not to exceed a plate power supply, powerline filters, strength of 25 µV/m at a distance of 300 and shall be constructed so that any meters. Measurements to determine field radiated radio frequency energy intensity shall be made in accordance (including harmonic or other spurious with standard engineering procedures. emissions) on a frequency outside the 4. Miscellaneous ISM equipment may frequency limits specified in Section be operated on the designated ISM 5.14.1 does not exceed a strength of 15 frequencies without regard to the type or µV/m at a distance of 300 meters. power of emissions being radiated, Measurements to determine field intensi- provided any harmonic or other spurious ty shall be made in accordance with radiation outside the frequency limits standard engineering procedures. specified in this section is suppressed so Industrial heating equipment and RF as to not exceed: stabilized arc welders may be operated 15 provided all of the following conditions dominantly residential area and operat- are met: ing on a frequency below 1000 MHz. a. Radiation on the fundamental 4. Operation of ultrasonic equipment carrier frequency, as well as spurious shall not result in radiation exceeding the and harmonic radiations resulting from following limits: any source frequency, and falling outside a. Below 490 kHz the frequency limits specified in Section 2400 µV/m at 300 meters ÷ Frequency 5.14.1, shall be suppressed so that (in kHz) (1) below 5725 MHz the field strength Between 490 and 1600 kHz does not exceed 10 µV/m at a distance of 24000 µV/m at 30 meters ÷ Frequency 1600 meters and (2) above 5725 MHz (in kHz) it is reduced to the greatest extent Over 1600 kHz (excluding practicable. frequencies within the limits specified in b. Filtering between the industrial Section 5.14.1) 15 µV/m at 30 meters heating equipment and power lines shall b. For equipment operating below 490 be provided to the extent necessary to kHz and generating more than 500 watts prevent the radiation of energy from of RF power on the fundamental power lines on frequencies other than the frequency. designated ISM frequencies, with a field 2400 µV/m at 300 meters ÷ Frequency strength in excess of 10 µV/m at a dis- (in kHz) times the square root of P/500 tance of 1600 meters from the industrial (where P is the actual RF power gener- heating equipment and at a distance of ated), but not to exceed 10 µV/m at 1600 15 meters from the power line. meters, provided this increase is not per- 3. Miscellaneous ISM equipment may mitted for equipment located in a pre- be operated on frequencies other than dominantly residential area. those designated for ISM equipment pro- c. On any frequency 490 kHz and vided all of the following conditions are above, the radio frequency voltage met: appearing on each power line shall not a. The equipment shall be provided exceed 200 µV; below 490 kHz it shall with a rectified and filtered plate power not exceed 1000 µV. supply and power line filters. b. Any radiated radio frequency energy outside the frequency limits 5.15 USE OF FREQUENCIES 10.525 specified in Section 5.14.1 (including GHz AND 24.150 GHz OR THE harmonic or other spurious emissions) BAND 33.4-36.0 GHz FOR shall not exceed: RADIOLOCATION DEVICES 15 µV/m at a distance of 300 meters; or, for equipment generating more than National, state and local law 500 watts of RF power on the enforcement organizations may operate fundamental frequency, 15 µV/m times radio units for the purpose of the square root of P/500 (where P is the determining distance, direction, speed or actual RF power generated), but not to position by means of a radiolocation exceed 10 µV/m at 1600 meters, device on the frequencies 10.525 GHz provided this increase is not permitted and 24.150 GHz or in the band 33.4-36.0 for equipment located in a pre- GHz, provided FCC type-accepted equipment or equipment developed with 16 identical standards or specifications is Hate Speech: Speech attacking or used. disparaging a social or ethnic group or a member of such a group on the bases of religion, natural origin, ancestry, sex, race social status or language.

5.16 VIOLATION AND PENALTY

1. Definitions:

Department: The FSM Department of Transportation, Communication and Infrastructure. 2. Other Powers and Duties of the Secretary’s of the Department Secretary: The Secretary of the of Transportation, Department of Transportation, Communication and Communication and Infrastructure. Infrastructure

Person: An individual, firm, Except as otherwise provided in these partnership, association or corporation. Regulations, the Secretary of Transportation, Communications and Willful: Deliberately, intentionally, or Infrastructure from time to time, as a premeditated. public convenience, interest, or necessity requires, shall make such regulations not Non-FSM Citizen: An individual who inconsistent with law as it may deem is not born of a natural mother or father necessary to prevent interference who is an FSM citizen. between radiocommunication stations and to carry out the provisions of this Directions: Orders, requirements or chapter. directives given by the Secretary or Department of Transportation, 3. Indemnity Communication and Infrastructure. The authorized officials or any other False Statement: An act of making a person exercising or performing powers false or misleading statement with the or functions under this regulation, is not intent to deceive or mislead someone. responsible for any act or omission done bona fide and without negligence under Profane Language: An abusive, or for the purpose of this Regulation. vulgar, or irreverent language under Micronesian Customs and Traditions. 4. General Penalty for violations

Forfeiture: The loss of property or a Any person who willfully and privilege without compensation due to knowingly does or causes or suffers to breaking a law. be done any act, matter, or thing prohibited or declared to be unlawful, or willfully or knowingly omits or fails to 17 do any act, matter, or thing required to imprisonment for not more than 20 be done, or willfully and knowingly years, or both. causes or suffers such omission or failure required by any regulation made 6. Operating Without Frequency or imposed by the Secretary of the Authorization Department of Transportation and Communication, or any rule, regulation, A person who operates any radio restriction, or condition made or equipment or apparatus without a imposed by an international radio or frequency authorization for which a wire communications treaty or prior radio frequency authorization is convention, or regulations annexed required under this Regulation is guilty thereto, to which the Federated States of of an offense. Micronesia is or may hereafter become a party, shall upon conviction thereof be Penalty: Fine not exceeding $ 100 per punished for such offense by a fine of day for each day of illegal not more than $10,000, or by operation. imprisonment for a term not exceeding one year, or both. 7. Operating Without Radio Station License 5. War emergency provisions- Penalties for violation A person who operates any radio equipment or apparatus without a Radio Any person who willfully does or causes Station License for which is required or suffers to be done any act prohibited under this Regulation is guilty of an pursuant to the exercise of the President offense. of the Federated States of Micronesia's authority under the preceding section, or Penalty: Fine not exceeding $ 100 per who willfully fails to do any act which day for each day of illegal he is required to do pursuant to the operation. exercise of the President's authority under the preceding section, or who 8. Importation of Unapproved willfully causes or suffers such failure, Radio Equipment or Apparatus shall, upon conviction thereof, be punished for such offense by a fine of Any person who except as provided for not more than $1,000, or by by this regulation or with the consent of imprisonment for not more than a year, the Department, imports any equipment or both, and, if a firm, partnership, or apparatus other than approved association, or corporation, by fine of equipment or apparatus is guilty of an not more than $5,000, except that any offense. person who commits such an offense with intent to injure the Federated States Penalty: Fine not exceeding $ 1,000 of Micronesia, or with intent to secure an (Department discretion advantage to any foreign nation, shall, depending on value of upon conviction thereof, be punished by equipment or apparatus). a fine of not more than $20,000, or by 9. Failure To Comply with Directions 18

Any person, who fails to comply with 13. Forfeitures any order, requirement or directive given under this Regulation, is guilty of an Any person, who willfully or repeatedly offense. fail to comply with any provisions of this Regulation, is guilty of an offense. Penalty: Fine not exceeding $ 1,000 (Department discretion Penalty: Fine not exceeding $ 10,000 depending on compliance (Department discretion violation). depending on severity of violation).

10. False Statement 14. Hate Speech

Any person, who makes any false Any person, who makes any speech over statement for any purpose of this the radio broadcast or television station Regulation, is guilty of an offense. or any radiocommunication station, that advocates the use of force against an Penalty: Fine not exceeding $ 1,000 individual or a specific group of (Department discretion individuals where such advocacy is depending on severity of directed to inciting or producing violation). imminent lawless actions for any purpose of this Regulation, is guilty of 11. Profane Language an offense. Any person, who uses any profane language for any purpose of this Penalty: Fine not exceeding $ 10,000 Regulation, is guilty of an offense. (Department discretion depending on severity of Penalty: Fine not exceeding $ 1,000 violation). (Department discretion depending on severity of 15. Enforcement of Violations violation). Enforcement of violations of the above 12. False or Deceptive Signals or violations and penalties shall be carried Communications out by the Secretary of the Department of Justice. Any person, who transmits false or deceptive signals or communications, for any purpose of this Regulation, is guilty 517. MISCELLANEOUS of an offense. 1. Settlement of Interference Penalty: Fine not exceeding $ 1,000 Disputes (Department discretion depending on severity of Where a complaint in writing is made to the violation). Secretary of the Department to the effect that: 19

a). a person has engaged; is engaging or is proposing to engage in conduct (including any act and any refusal or omission to act ) that has caused, is causing or likely to cause: (i) interference or risk of interference to radiocommunication; or

(ii) any other disruption or disturbance, or risk of disruption or disturbance, to radiocommunication; and b). the interests of another person have been, are or are likely to the affected by the disputed conduct.

2. Hearing for Settlement of Interference of Disputes

Hearing for settlement regarding interference disputes shall be conducted in accordance with FSMC Title 17.