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【法规名称】 
【法规编号】 44516  什么是编号?
【正  文】

CAP 106Z TELECOMMUNICATIONS (TELECOMMUNICATIONS APPARATUS) (EXEMPTION FROM LICENSING) ORDER


  (Cap 106, section 39)
  
  [21 February 2003] L.N. 50 of 2003
  
  (L.N. 4 of 2003)
  
  Cap 106Z s 1 (Omitted as spent)
  
  (Omitted as spent)
  
  Cap 106Z s 2 Interpretation
  
  In this Order, unless the context otherwise requires-
  
  "carrier power" (载波功率), "effective radiated power" or "e.r.p." (有效辐射功率), "equivalent isotropically radiated power" or "e.i.r.p." (等效全向辐射功率), "mean power" (平均功率), "mobile earth station" (移动地球站), "spurious emission" (杂散发射) and "unwanted emissions" (无用发射) have the meanings assigned to them respectively by Article 1 of Chapter 1 of the Radio Regulations published by the General Secretariat of the International Telecommunication Union, edition of 2001, as revised from time to time;
  
  "digital modulation" (数码调制) means the process by which the characteristics of a carrier wave (that is to say, an electromagnetic wave used to carry an information signal) are varied among a set of predetermined discrete values in accordance with a digital modulating function as specified in document ANSI C63.17-1998 published by the American National Standards Institute;
  
  "frequency hopping spread spectrum modulation" (频率跳变扩谱调制) means a modulation system which hops to channel frequencies that are selected at the system hopping rate from a pseudorandomly ordered list of hopping frequencies;
  
  "modulation" (调制) has the meaning assigned to it in "Terms and Definitions" of the Recommendation ITU-R V.662 approved by the International Telecommunication Union, as revised from time to time;
  
  "non-radiocommunications" (非无线电通讯) means telecommunications other than by means of radio waves;
  
  "non-radiocommunications apparatus" (非无线电通讯器具) means telecommunications apparatus used for or in connection with non-radiocommunications;
  
  "taxi" (的士) means a motor vehicle which is registered as a taxi under the Road Traffic Ordinance (Cap 374);
  
  "telecommunications apparatus" (电讯器具) means an apparatus used for or in connection with non-radiocommunications or radiocommunications or both.
  
  Cap 106Z s 3 Exemption for non-radiocommunications apparatus
  
  (1) A person who establishes or maintains any non-radiocommunications apparatus which is not used to provide a public telecommunications service and-
  
  (a) is lawfully connected to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under any of the following licences issued or created under the Ordinance-
  
  (i) a fixed carrier licence;
  
  (ii) a fixed telecommunications network services licence;
  
  (iii) a public non-exclusive telecommunications service licence (for services other than a licence for mobile virtual network operator services);
  
  (iv) the class licence for in-building telecommunications systems;
  
  (v) any other licence (including a class licence) for the provision of any public telecommunications service; or(b) is used in a manner other than that described in paragraph (a) where-
  
  (i) the person and the apparatus meet the conditions specified in subsection (2); and
  
  (ii) the apparatus meets the technical criteria set out in Schedule 2,is exempted from the obligation to hold a licence under section 8(1)(a) of the Ordinance.
  
  (2) For the purposes of subsection (1)(b)(i), the conditions are that-
  
  (a) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance;
  
  (b) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance;
  
  (c) the apparatus tolerates interference from other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and
  
  (d) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority.
  
  Cap 106Z s 4 Exemption for radiocommunications apparatus relating to taxis
  
  (1) Subject to subsection (2), a person who-
  
  (a) possesses any radiocommunications apparatus capable of being used; or
  
  (b) uses any radiocommunications apparatus,solely for a lawful connection to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under a public radiocommunications service licence for communication between a radiocommunications installation and taxis is exempted from the obligation to hold a licence under section 8(1)(a) or (b) of the Ordinance, as the case may be.
  
  (2) A person is not exempted from section 8(1)(a) or (b) of the Ordinance, as the case may be, unless-
  
  (a) the person complies with any standards or specifications as may be prescribed under section 32D, and with any order or requirements as may be prescribed under section 32E, of the Ordinance;
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