Conditions for Operation of Radio Equipments

The Licensee operating Radio Stations and Equipments shall comply with the provisions of the Telecommunications Regulatory Act, its Executive Regulation and the decisions issued in execution thereof and all the orders and guidelines issued by the Authority. The Licensee obligation shall be inclusive of but not limited to the following:

1st. Provisions set out by the Telecommunications Regulatory Act:

The concerned employees who have judicial authority shall be able to enter all places, estates, planes, vessels, ships, and boats, and access systems, stations, equipments, and any connected systems or licensed services with the purpose of inspecting it and check all registers, licenses, permits, certificates, and any other documents that must be issued, and they have the right to obtain any required information or data, and they may seek the assistance of Royal Oman Police to implement this.

In cases of emergency, the Minister may temporarily seize estates, establishments, telecommunications networks, systems and equipment for the purpose of using them in the way he deems suitable. The owner or possessor shall hand over the equipment decided to be temporarily seized to the Authority without prejudice to the owner or the possessor’s rights to compensation.

2nd. Provisions stipulated by Decision No. 90/2008 on Licensing Conditions for Operation of Radio Stations and Equipment:

The Authority may assign or reassign the frequencies or frequency ranges to the Applicant of Radio License according to the National Frequency Bands Allocation Plan. The frequencies to be assigned by the Authority shall be restricted in a way approved by the Authority. No change of the frequencies or their technical specifications shall be made without the written approval of the Authority.

The user shall be solely and completely responsible for the content of any message he sends, and for any infringement of any copyright and other related rights pursuant to the provisions of this Act or any other laws. In the application of the provisions of this article, the user is meant to be any person who operates the equipment and the accessories used or intended for use in Radio Communications.

The radio station shall be compliant with the conditions and the technical specifications approved by the Authority and subject to its decisions.

The Licensee is not allowed to change the location or coverage area of the radio station without obtaining the written approval of the Authority. The Licensee is also not allowed to carry out any change to the radio equipment at the radio station, nor the emission power of the antennas and their direction, or the antenna gain except after obtaining a written approval of the Authority. This is not withstanding the Authority’s right to request any modification as it deems necessary.

The Licensee may request temporary cessation of the license for a period not exceeding three years. The Licensee shall continue to pay the fees necessary to keep the radio equipment as prescribed in the Authority’s decision No. 46/2003.

The License shall be automatically renewed, unless the Licensee requests its cessation or cancellation. The Authority shall not be bound by notifying the Licensee of the value of the fees payable. The license is issued only after payment of the prescribed fees.

The Authority may, by a substantiated decision, amend or revoke the License based on the exigencies of public interest, or due to the Licensee’s violation of the License Condition(s).

The Licensee may request termination of the License before the expiry of its duration, and shall then desist forthwith to practice the activity stipulated in the License and hand over the License to the Authority within a period not exceeding seven days from the date of its cancellation.

Upon cancellation of the License and payment of the accruing fees, the Licensee shall immediately inform the Authority in writing to obtain its approval to dispose of the equipment. The licensee shall dispose of it within six months of the license cancellation date, while notifying the Authority in writing of the action taken during the said period. If the equipment was not disposed of during such period, the Licensee shall hand it over to the Authority to dispose of it without having the right to claim compensation of its value.

The transmission (except in cases of distress or emergency) of communications from the radio stations to any third party shall be prohibited.

No person may disclose any information as to the contents of any signal or message that come to his knowledge by reason of his use, or by another person’s use of a station or a radio equipment, unless on the basis of a competent court order.

The Licensee shall prepare a special log-book for each station, the pages of which shall be numbered and signed to prove the contents of communications exchanged by means of the authorized station or equipment. The log-book shall be subject to inspection by the Authority’s officials at any time, and shall be kept for at least one year after it has run out.

The licensee shall use the equipment designed, operated and maintained in such a way that causes no harmful interference to any other radio station, or any interference in excess of the permitted international levels.

The power of each radio station shall not exceed the limits allowed.

The Licensee shall use the radio frequencies assigned to him by the Authority to achieve the purposes for which they were assigned against payment of the prescribed fees. The Licensee is not allowed to dispose of these frequencies to another party by relinquishment, lease or use.

The Licensee is not allowed to relinquish, lease or dispose of the radio equipment to another party by any way except after the latter has obtained a radio license to use such stations or radio equipment, and after the Licensee has obtained a prior written approval of the Authority for such disposal.

Management and operation of the licensed radio station shall only be undertaken by the personnel authorized by the Licensee, and within the scope of the allowed coverage area. Use of the radio equipment in a vehicle in cases of distress or emergency shall, however be exceptional

In addition to the conditions stipulated in this decision, the Licensee and all the personnel working at the radio stations shall comply with the provisions of the Telecommunications Regulatory Act, the rules, regulations and decisions applicable in the Sultanate, and the provisions of the ITU Constitution and Convention, and the annexed International Radio Regulations.

Not withstanding any procedure or penalty set out in the Telecommunications Regulatory Act, and the regulations and the implementing decisions thereof, or the applicable laws of the Sultanate, the Licensee shall restrict the use of his radio stations or shall immediately close or cease them based on a request from the Authority or any person officially authorized by it and for the period determined by the Authority, in the following cases:

Violation of any of the radio license condition(s) or the obligations set out in this decision.

Breach of the regional and international agreements to which the Sultanate is a party.

3rd. Decision No. 46/2003 on Radio Frequency Registration and Utilization Fee and Fee of some Radio Licensee amended by Decision 101/2006 & 103/2006:

Pursuant to the provisions of Decision No. 46/2003, failure by the Licensee to request renewal of the radio equipment on time, or any default in payment of other fees will result in the imposition of extra fees at 10% of the renewal fee or the outstanding fee for each month of delay. In the event of part of a month, the fee will be proportionately calculated based on period of delay to month.

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