Amateur radio operator charged
Tuesday, 25 May 2010

Press Release: New Zealand Ministry of Economic Development


Amateur radio operator charged

Radio Spectrum Management recently prosecuted Amateur Radio Operator Alan
Potter, ZL3II, for transmitting outside the terms and conditions of the
General User Radio Licence for Amateur Radio Operators.

The radio spectrum is an important resource for New Zealand and a key part
of Radio Spectrum Management's work is to ensure responsible use of the
radio spectrum in a way that doesn't cause interference to other users.


All amateur radio operators are required to gain a qualification that covers
the risks and harmful effects of interference from their transmitting
equipment. This includes the risks associated with transmitting at high
power levels.
"As a qualified amateur operator, Mr Potter is well aware of the risks but
has chosen to ignore them", says Chris Brennan, Compliance Manager for Radio
Spectrum Management.

"This behaviour is unacceptable. Radio Spectrum Management are serious about
protecting the radio spectrum for all users; we are continually monitoring
and enforcing radio spectrum compliance, which includes prosecution when
necessary".

Radio Spectrum Management was alerted to a video Mr Potter posted on 'You
Tube', a well known online video sharing site, which showed his transmitter
operating at 3100 Watts. Operating at such high transmitting power is likely
to cause interference to, and disruption of, a range of other licensed radio
services in the local area.

Radio Spectrum Management's role is to protect the public good by ensuring
equipment capable of transmitting radio waves complies with the terms,
conditions and restrictions of radio licences and International standards
applicable in New Zealand.

Conviction and charge

Mr Potter was charged in the Christchurch District Court on 14 April. He was
found guilty of breaching section 113 of the Radiocommunications Act 1989.
He was fined $1,750 and $130 for costs, plus he has been required to forfeit
his radio equipment.

For the purposes of section 113, any person who erects, constructs,
establishes, maintains, or is in possession of any radio transmitter is
presumed to have used the radio transmitter. In this case, Mr Potter was
found in possession of radio transmitting equipment that was capable of
operating at a significantly higher power than the Amateur Radio Operators
General Licence allows.




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