The Radio Communication (license) Rules, 2049 (1992)
The Radio Communication (License) Rules, 2049 (1992)
Date of publication in Nepal Gazette
2049.4.12 (27 July 1992)
Amendments:
1. The Radio Communication (License) (First
Amendment) Rules, 2063 (2006)
2063.4.8 (24
July 2006)
2. The Radio Communication (License) (Second
Amendment) Rules, 2064 (2007)
2064.5.31 (17
Sept. 2007)
3. The Radio Communication (License) (Third
Amendment) Rules, 2065 (2009)
2065.12.17 (30
March 2009
In exercise of the powers conferred by Section 10 of the Radio Act,
2014 (1957), Government of Nepal has framed the following Rules.
Date of publication in Nepal Gazette
2049.4.12 (27 July 1992)
Amendments:
1. The Radio Communication (License) (First
Amendment) Rules, 2063 (2006)
2063.4.8 (24
July 2006)
2. The Radio Communication (License) (Second
Amendment) Rules, 2064 (2007)
2064.5.31 (17
Sept. 2007)
3. The Radio Communication (License) (Third
Amendment) Rules, 2065 (2009)
2065.12.17 (30
March 2009
In exercise of the powers conferred by Section 10 of the Radio Act,
2014 (1957), Government of Nepal has framed the following Rules.
1. Short Title And Commencement
1. Short Title and Commencement: (1) These Rules may be called as
the âRadio Communication (License) Rules, 2049 (1992)â.
(2) These Rules shall come into force immediately.
2. Definitions
2. Definitions: Unless the subject or the context otherwise requires, in
these Rules, –
(a) “Act” means the Radio Act, 2014 (1957).
(b) “Licenseâ means the license of the radio machine to be issued
pursuant to Rule 4.
(c) “Licensing authorityâ means the authority specified by the
Ministry of Communication, Government of Nepal.
(d) âSatellite receiving systemâ means any such communication
system including disc antenna receiving communication from one
or more satellites or space stations, as of which most part is to
remain or remains outside the earth atmosphere.
(e) âAmateur radioâ means any radio machine to be used to
exchange communication between the licensees with objective of
self-education and research on radio technology, without profit
motive.
(f) âCordless telephoneâ means the radio machine used to extend
the set of a public telephone within a limited distance of a house
or compound.
(g) âSatellite communication systemâ means a communication
system situated in majority portion of the earth surface or
atmosphere, by which radio communication can be exchanged by
using one or more satellites.
(h) âStationâ means the place where the radio machine and
equipment related thereto are installed.
3. To Obtain License
3. To obtain license: (1) Except the radio machine for which license is
not required pursuant to Rule 18, a person has to obtain the license to
hold, use, manufacture, sell or distribute all other kinds of radio
machines, or to become an amateur radio control operator or amateur
radio director.
(2) A person who intends to obtain the license pursuant to Subrule
(1) has to submit an application as follows to the licensing
authority: –
(a) For the satellite receiving system or satellite
communication system (earth station) and the
cordless telephone, in the format as referred to in
Schedule-1 (a) and in Schedule-1 (b), respectively,
(b) For holding and using all kinds of radio machines
other than those mentioned in clause (a), in the
format as referred to in Schedule-1 (c),
(c) For becoming an amateur radio control operator or
amateur radio director, in the format as referred to
in Schedule-1 (d),
(d) For manufacturing the radio machine, in the format
as referred to in Schedule-2, and
(e) For selling and distributing the radio machine, in
the format as referred to in Schedule-3.
4. Issuance Of License
4. Issuance of license: (1) Upon making necessary inquiry into the
application received pursuant to Rule 3, the licensing authority has to
issue the license to the applicant as follows, by collecting the fees as
referred to in Rule 9:-
(a) For the satellite receiving system or satellite
communication system (earth station) and the
cordless telephone, in the format as referred to in
Schedule-4 (a) and in Schedule-4 (b), respectively,
(b) For holding and using all kinds of radio machines
other than those mentioned in clause (a), in the
format as referred to in Schedule-4 (c),
(c) For becoming an amateur radio control operator or
amateur radio director, in the format as referred to
in Schedule-4 (d),
(d) For manufacturing the radio machine, in the format
as referred to in Schedule-5, and
(e) For selling and distributing the radio machine, in
the format as referred to in Schedule-6.
(2) Upon issuing the license pursuant to Sub-rule (1), no license
shall be issued to the applicant in a manner to cause adverse effects on
the public communication service.
(3) Upon issuing the license pursuant to Sub-rule (1), the terms
and conditions to be observed by the licensee may also be prescribed.
5. Satellite Receiving System
5. Satellite receiving system: The licensing authority may issue the
license of satellite receiving system in such a manner that it may be used
collectively or individually.
6. Amateur Radio
6. Amateur radio: (1) The licensing authority may issue the license of
radio control operator or amateur radio director to the following
qualified person: –
(a) Nepalese citizen having completed the age of
Sixteen years,
(b) Who can well speak and write both the Nepalese
and English languages,
(c) Who has passed written and oral examinations
appeared, as per the curriculum approved by the
Ministry of Communication, Government of Nepal.
(2) If the Ministry of Communication, Government of Nepal
deems appropriate, it may also issue the license of radio control
operator or amateur radio director to a foreign citizen for a short period.
(3) Upon issuing the license pursuant to Sub-rule (1) or (2), the
level, class of the license and the use and operating standards of radio
frequency shall be as prescribed by the Ministry of Communication,
Government of Nepal.
7. Cordless Telephone
7. Cordless telephone: The licensing authority may, if it deems
appropriate, issue the license of cordless telephone that the licensee
would be allowed to hold and use any cordless telephones except the
cordless telephones mentioned in Clause (b) of Rule 18.
8. Satellite Communication System
8. Satellite communication system: The licensing authority may issue
the license of satellite communication system to a person or team
involved in an expedition research and similar types of risky and special
act that the satellite communication system can be held and used only
for the prescribed purpose for a specific period of time.
8a. Documents Not To Be Submitted
Inserted by the Second Amendment.
9. Licensee Fee
9. Licensee fee: The fees for the license to be issued to hold and use,
manufacture, sell or distribute the radio machine or to become an
amateur radio control operator or amateur radio director shall be as
mentioned in Schedule-7.
10. Validity Period And Renewal Of License
Amended by the Third Amendment.
fee pursuant to Sub-rule (3), cent percent fine pursuant to Sub-rule (4)
and additional fine which is equal to as referred to in Sub-rule (4).
(5) Notwithstanding anything contained in Sub-rules (2) and (3),
the license to be issued for a short period shall remain valid only for the
period mentioned in that license.
11. License Fee, Renewal Fee Not To Be Charged
11. License fee, renewal fee not to be charged: The license fees and the
renewal fees chargeable pursuant to Rules 9 and 10 shall not be charged
on the radio machines used by the following organizations,
corporations, bodies, missions or offices:-
(a) Ministries, Departments, offices, projects etc. of Government of
Nepal.
(b) Such other organizations, associations, bodies, missions, persons,
etc. as specified by Government of Nepal, Ministry of
Communication by a Notification in the Nepal Gazette to enjoy
exemption of the license fees and the renewal fees under these
Rules.
12. Alteration In Details
12. Alteration in details: (1) If any details mentioned in the license
obtained under these Rules have to be altered, the licensee has to
submit an application to the licensing authority in the format as referred
to in schedule-9.
(2) A fee of one hundred rupees shall be charged for the
alteration of any details of license pursuant to Sub-rule (1).
13. Transmission
13. Transmission: (1) If the licensed radio machine is sold or title to it is
otherwise transferred, both the transferor and the transferee have to
submit an application to the licensing authority, in the format as referred
to in Schedule-10, no later than thirty five days of the execution of such
transfer, for the transmission of such radio machine.
(2) If, upon receipt of the application for transmission pursuant
to Sub-rule (1), the person obtaining title through transmission appears
to be eligible to have such license, the licensing authority has to execute
transmission accordingly and also update the details of that license
maintained at its office.
14. Power Of Inspection
14. Power of inspection: (1) The authority specified by the licensing
authority may inspect and examine as to whether the details of the
license or the terms and conditions to be observed by the licensee have
been observed or not.
(2) If any fault or defect is found while making inspection
pursuant to Sub-rule (1), a reasonable opportunity shall be given once
for rectification of such fault or defect.
(3) If such fault or defect is not found rectified despite provision
of the opportunity under Sub-rule (1), the licensing authority may, on
recommendation of the inspecting authority, cancel such license.
15. Power To Monitor
15. Power to monitor: The licensing authority may make, or cause to be
made, provision of monitoring in order to find out as to whether the
radio frequencies have been properly used in accordance with this Rule
or the terms and conditions prescribed in the license or to find out any
kind of unauthorized use, if any committed, and take, or cause to be
taken, action.
16. Details To Be Maintained
16. Details to be maintained: (1) A licensee, licensed to sell and
distribute the radio machines pursuant to these Rules has to maintain a
register clearly setting out the details including the date of such sale and
distribution, types of radio machines, name and permanent address of
the purchaser.
(2) The details as referred to in Sub-rule (1) have to be forwarded
to the licensing authority in each Six months.
17. Issuance Of Duplicate Copy Of License
17. Issuance of duplicate copy of license: If the license issued under
these Rules is lost or destroyed due to natural calamity or torn out
because of being old or has to be changed because of the space for
renewal being run out, the licensing authority may issue a duplicate
copy of such license by collecting a fee of one hundred rupees.
18. License Not Required
18. License not required: No license shall be required to hold and use
the following radio machines.
(a) Audio or audio visual machines to listen to or watch radio or
television broadcasts,
(b) Radio control toys, cordless microphones and cordless
telephones with capacity of less than 30-meter-distance, of which
standards have been fixed and determined by the Ministry of
Communication, Government of Nepal.
(c) Such other radio machines as prescribed by the Ministry of
Communication, Government of Nepal, by publishing a
Notification in the Nepal Gazette.
19. Crossing Off Of Records
19. Crossing off of records: (1) If the radio machine is disordered and
useless or lost or the seller or manufacturer of radio machine stops
selling or manufacturing of such radio machine, a notice of that matter
has to be given to the licensing authority no later than thirty five days of
such act.
(2) Upon receipt of the notice as referred to in Sub-rule (1), the
licensing authority, upon conducting an inquiry, if it required cross of
the records of the license of such radio machine.
20. Re-registration
20. Re-registration: After the records have been crossed off pursuant to
Rule 19 due to the loss or disorder of the radio machine, if such
disordered radio machine is repaired to be capable of being used again
or such lost radio machine is found, the person holding such radio
machine has to submit an application pursuant to rule 3 no later than
thirty-five days from the date on which it became so useful or was found
and obtain the license again.
21. Licensee To Be Liable
21. Licensee to be liable: If any person licensed under these Rules, while
using the radio machine, causes any adverse effect on the right and
interest of any other person, the concerned licensee shall be liable for
the same.
22. Powers To Form Committee
22. Powers to form committee: The Ministry of Communication,
Government of Nepal may, if it thinks necessary, form a committee to
render advice and suggestion regarding the functions to be performed by
the Ministry of Communication, Government of Nepal pursuant to these
Rules. The functions, duties and procedures of the committee shall be
prescribed at the time of its formation.
23. Requirement Of License Under These Rules
23. Requirement of license under these Rules: (1) If a person has held
the radio machine without obtaining license prior to the commencement
of these Rules, such person has to obtain license pursuant to Rule 3, no
later than thirty-five days from the date of commencement of these
Rules.
(2) The license obtained prior to the commencement of these
Rules shall be deemed to have been obtained pursuant these Rules after
the commencement of these Rules.
24. Alteration In Schedule
24. Alteration in Schedule: The Ministry of Communication, Government
of Nepal may, if it thinks necessary to make alteration or addition or
deletion in the Schedules of these Rules, make such alteration or
addition or deletion, by a notification published in the Nepal Gazette.
25. Delegation Of Power
25. Delegation of power: The Ministry of Communication, Government of
Nepal may delegate the powers conferred to it under these Rules as to
be exercisable by any other body or authority.
26. Repeal
26. Repeal: The Radio (License) Rules, 2026 (1969) is, hereby, repealed.
Schedule-1 (a)
Name:-
Address:-
Schedule-1 (b)
Name:-
Address:-
Date:-
Schedule-1 (c)
Name:-
Address:-
Date:-
Schedule-1 (d)
Name:-
Address:-
Date:-
Schedule-2
Name:-
Address:-
Date:-
Schedule-3
Name:-
Address:-
Date:-
Schedule-4 (a)
Schedule-4 (a)
(Relating to Rule 4)
License of satellite receiving system/satellite communication system (earth
station)
To……………………….
This license is, hereby, issued to the following person, firm, company or
organization to hold and use the satellite receiving system/satellite
communication system (earth station) with the following details, subject to
observance of the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number.:-
4. Place of installment:-
5. Details of earth station satellite system:-
(a) Name of manufacturer:-
(b) Model No.:-
(c) Size and other details:-
(d) Details of antenna:-
6. Input frequency range/ frequency to be used:-
7. What kind of communication is to be exchanged by means of
which satellite:-
8. Use:-
(a) Personal:-
(b) Collective:-
9. If it is to be used collectively, number of lines to be installed and
names of persons:-
10. Terms and conditions to be observed by the licensee:-
(a) It has to be so distributed only within a private house
compound that it does not affect public road, light, public
communication.
(b) No other kind of broadcasting materials, except the
received broadcasting materials broadcast for the mass
public, shall be distributed or broadcast.
(c) No benefit shall be taken nor shall it be used
commercially by deriving profit or fee etc.
Seal of office
Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-4 (b)
Schedule-4 (b)
(Relating to Rule 4)
License of Cordless telephone
To………………………
This license is, hereby, issued to the following person, firm, company or
organization to hold and use the cordless telephone, subject to observance of
the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number.:-
4. Details of cordless telephone:-
a. Public telephone number:-
b. Manufacturer:-
c. Model No.:-
d. Serial number:-
e. F.R. power output/antenna size:-
5. Area of use:-
6. Terms to be observed by the licensee:-
a. The cordless shall not be used in areas other than the
specified area.
b. It shall not be used by reconciling with other public
telephone number than that specified.
Seal of office Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-4 (c)
Schedule-4 (c)
(Relating to Rule 4)
License for Holding and using other radio machine except satellite
receiving system or satellite communication system (earth station),
cordless telephone and amateur radio control operator or amateur radio
director
To………………….
This license is, hereby, issued to the following person, firm, company or
organization to hold and use the radio machine with the following particulars,
subject to observance of the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number:-
4. Place of use:-
5. Objective of use:-
6. Place of use:-
7. Frequency to be used:-
8. Details of the radio machine:-
(a)
(b)
(c)
(d)
9. Date of use:-
10. Type of station:-
11. System to be used:-
12. Time of use:-
13. Terms to be observed by the licensee:-
(a)
(b)
(c)
Seal of office Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-4 (d)
Schedule-4 (d)
(Relating to Rule 4)
License of amateur radio control operator or amateur radio director
This license of amateur radio control operator or amateur radio director,
with the following particulars, is, hereby, issued to the following person, firm,
company or organization, subject to observance of the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number:-
4. Details of amateur radio:-
(a)
(b)
(c)
(d)
5. Place of amateur radio station:-
6. Terms and conditions to be observed by the licensee:-
(a) No news, message of oneself or any one else shall be
exchanged with profit motive.
(b) Communication shall be exchanged between the licensees
only with a view to having self-education and radio
technology research.
(c) Nothing in clause (b) shall be deemed to prevent the
exchanging of any message of a third party by obtaining
approval of the Ministry of Communications, Government
of Nepal in cases where a natural calamity or casual event
(emergency) has taken place or where public
telecommunication means is not also available.
(d) If the licensee knows that any one has made an illegal
broadcasting, he has to give information thereof to the
Ministry of Communications, Government of Nepal
immediately; and if the Ministry of Communications,
Government of Nepal asks for assistance on any of such
matter, it shall be the duty of the licensee to give
information of such matter.
(e) Operation has to be carried out in consonance with the
operating standards prescribed by the Ministry of
Communications, Government of Nepal.
(f) His/her own call sign has to be mentioned time to time not
exceeding a period of every ten minutes in all broadcasts.
(g) A logbook of amateur with contact in the radio by
him/herself has to be maintained in the format prescribed
by the Ministry of Communications, Government of
Nepal.
(h) No cash or good-in kind has to be demanded or taken
from any other amateur radio operator as expenditure to
send Q.S.L. card. If international reply coupon or cash is
received from any foreign national, such coupon or cash
has to be handed over to the Ministry of Communications.
(i) If the station held or used by him/her is provided to any
other amateur radio director for operation, a logbook
containing clear details thereof, as well, has to be
maintained in the format prescribed by the Ministry of
Communications, Government of Nepal; and such
logbook has to be provided to the Ministry of
Communications in every six months in a compulsorily.
7. Frequencies allowed to be used:-
8. Call sign:-
Seal of office Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-5
Schedule-5
(Relating to Rule 4)
License for manufacturing radio machine
This license is, hereby, issued to the following person, firm, company or
organization to manufacture radio machines with the following particulars,
subject to observance of the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number:-
4. Details of radio machine:-
(a) Name:-
(b) Type:-
(c) Frequency range:-
5. Place of manufacture:-
6. Terms to be observed by the licensee:-
(a)
(b)
Seal of office
Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-6
Schedule-6
(Relating to Rule 4)
License for Selling and distributing radio machine
This license is, hereby, issued to the following person, firm, company or
organization to sell and distribute radio machines, with the following
particulars, subject to observance of the following terms.
1. Name of person, firm, company or organization:-
2. Address:-
3. License number:-
4. Details of radio machine:-
(a) Name:-
(b) Type:-
(c) Frequency range:-
5. Place of sale and distribution:-
6. Terms to be observed by the licensee:-
(a)
(b)
Seal of office
Licensing authorityâsSignature:-
Name:-
Designation:-
Date:-
Description of Renewal
Schedule-7
Schedule-7
(Relating to Rule 9)
Fee for license of radio machine
(A) License fee chargeable for holding and using radio machines: The
following license fees shall be chargeable for the Nepalese citizens to
hold and use the following radio machines:-
(1) For system that can receive television broadcast made for the
general public:-
Altered by a Notification published in the Nepal gazette dated 2058.9.9 (24 Dec. 2001).
Altered by a Notification published in the Nepal gazette dated 2066.2.25 ().
â Altered by a Notification published in the Nepal gazette dated 2063.12.5 ().
Inserted by a Notification published in the Nepal gazette dated 2063.12.5 ().
Inserted by a Notification in Nepal Gazette dated 2058.9.9 (24 Dec, 2001).
Inserted by a Notification in Nepal Gazette dated 2059.12.25 (9 April 2003).
(10) For repeater station, per R.F. channel Rs. 100/-
(11) (a) For outer broadcasting television station Rs. 1,000/-
(b) For outer broadcasting radio station Rs. 500/-
(12) For radio navigation station (for per frequency used) Rs. 200/-
(13) For radio determination station Rs. 200/-
(14) For VHF transmitter or trans-receiver system, where VHF air
communication system is through public stitched network and
compatible with other international network, if RF
poweroutput capacity is below 10 watt Rs. 50,000/-
And, for capacity more that that RF power output capacityRs. 100,000/-
(15) For mobile or fixed rescue plan station Rs. 500/-
(16) For cordless telephone Rs. 500/-
(B) For amateur radio control operator Rs. 100/-
(C) For amateur radio operation Rs. 100/-
(D) For manufacturing radio machines Rs. 2,000/-
(E) For sale and distribution of radio machines Rs. 2,000/-
(F) In issuing the license to foreign nationals to hold and use
any radio machines subject to the Radio (License) Rules,
2048 (1991), the chargeable fee shall be four times as
many as the fee mentioned in clauses (A), (B), and (C) in
convertible foreign currency.
Schedule-8
Schedule-8
(Relating to Sub-rule (2) of Rule 10)
Application for renewal of license
To,…………………..
……………………….
I have hereby submitted an application for getting the license of
radio machine ……………………. obtained by me on ……………… renewed
pursuant to Sub-rule (2) of Rule 10, attaching herewith the license
renewal fee chargeable pursuant to Sub-rule (3) of Rule 10 to have the
license renewed, fine payable pursuant to Sub-rule (4) of Rule 10 and
original copy of the license.
ApplicantâsSignature:-
Name:-
Address:-
Date:-
Schedule-9
Name:-
Address:-
Date:-
Schedule-10
Schedule-10
(Relating to Sub-rule (1) of Rule 13)
Application for transmission of radio machine
To, ……………………..
……………………….
As I have transferred my title to the radio machine
…………………..to Mr/Ms/Mrs……………………………………..on
……………….., and I agree to transmit the license of that radio machine
obtained on — to him/her, I have hereby submitted an application for
transmission of the radio machine license pursuant to Sub-rule (1) of
Rule 13, attaching herewith the original copy of that license.
TransferorâsSignature:
–
Name: –
Address: –
Date: –
As Mr/Ms/Mrs……………………………………..has transferred his
title to ………………. radio machine to me as mentioned above, I hereby
apply, under Rule 13 (1), to have the license of that radio machine
transmitted in my name.
TransfereeâsSignature:
–
Name: –
Address: –
Date: –
(Source: Nepal Law Commission)
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