CHAPTER 5 AUTHORIZED RADIO FREQUENCY 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 radio frequency spectrum for A radio frequency license may be transmissions by radio for obtained by submitting an application for telecommunications 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 Amateur Radio Service (c ) In case of: (i) an aircraft station 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 call sign 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 frequencies 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 Broadcasting 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 television 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 radios, cordless 2. No radio frequency license is required phones, pagers and hand-held satellite to provide cable television 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 telephones, 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 base station 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 microwave 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 very high frequency (VHF) bands 3. All individual MF and HF fixed do not require an individual radio license stations are required individual station nor do shipborne radars, 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.