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 “Radio Communication (License) Rules, 2049 (1992)”.
(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) “License” means the license of the radio machine to be issued
pursuant to Rule 4.
(c) “Licensing authority” means the authority specified by the
Ministry of Communication, Government of Nepal.
(d) “Satellite receiving system” 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) “Amateur radio” 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) “Cordless telephone” means the radio machine used to extend
the set of a public telephone within a limited distance of a house
or compound.
(g) “Satellite communication system” 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) “Station” 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:

8A. Documents not to be submitted: Notwithstanding contained
anything in these Rules, if a person desiring to obtain license pursuant
to Clause (b) of Sub-rule (2) of Rule 3 submit an application within
Seven days of the commencement of this Rule mentioning that he/she
not is able to submit the document, along with reason thereof, the
licensing authority after an inquiry, may issue Radio license to the
applicant without such document, if the application found reasonable.

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:

10. Validity period and renewal of license: (1) The validity period of a
license shall remain valid upto One fiscal year.
(2) A person who intends to get the license renewed has to
submit an application to the licensing authority for renewal, in the
format as referred to in Schedule-8, prior to expiration of the validity
period of the license.
(3) Upon an application submitted for renewal of license
pursuant to Sub-rule (2), the licensing authority may renew such license
by collecting half the fees chargeable pursuant to Rule 9.
(4) If a person comes to get the license renewed after expiration
of the time-limit as referred to in Sub-rule (2), the licensing authority
may renew such license, by also collecting a fine of ten percent for up to
the first one month, twenty percent for up to the second one month,
thirty percent for up to the third one month, forty percent for up to the
fourth one month, fifty percent for up to the fifth one month and cent
percent for up to the sixth one month. A license not got renewed even
within six months shall ipso facto be cancelled.
(4a) Notwithstanding contained anything in Sub-rule (4), a
person who has not renewed the license until the commencement of this
Sub-rule, may submit an application before licensing authority to renew
the license within Three months of the commencement of this Sub-rule.
(4b) Upon receiving an application pursuant to Sub-rule (4a),
the licensing authority shall renew the license by collecting the renewal

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)

Schedule-1 (a)
(Relating to Rule 3)
Application for license of satellite receiving system/satellite
communication system (earth station)
To…………………….
I, hereby make a request, setting out the following details, and
accompanied also by duplicate copies of the pro forma invoice and technical
specification, for the license of satellite receiving system/satellite
communication system to hold and use the satellite receiving system/satellite
communication system (earth station).
1. Objectives and reasons for using:-
2. Details of the system intended to be used:-
(a) Name of manufacturer:-
(b) Model No.:-
(c) Serial No.:-
(d) Size and other details:-
(e) Details relating to antenna:-
3. Place of use:-
4. R.F. frequency range/ frequency to be used:-
5. What kind of communication is to be exchanged by means of which
satellite:-
6. If being used, since when it has been used:-
7. Use:-
(a) Personal:-
(b) Collective:-
8. If it is to be used collectively, names of users and other details
(attachment of names herewith will suffice):-
9. If a house is to be rented to hold or use the radio machine, whether
consent of the house-owner is available or not:- (Letter of consent of
the house-owner has to be attached herewith)
10. Name of country from which it is imported:-
11. Name of customs office through which it is imported:-
Applicant’sSignature:-

Name:-
Address:-

Schedule-1 (b)

Schedule-1 (b)
(Relating to Rule 3)
Application for cordless telephone license
To,……………………..
I, hereby, make a request, setting out the following details, and
accompanied also by duplicate copies of the pro forma invoice and technical
specification, for the license of cordless telephone in order to hold and use the
cordless telephone.
1. Details of the cordless telephone:-
a. Manufacturer of machine:-
b. Model No.:-
c. Serial No. etc.:-
2. Frequency to be used:-
3. System to be used:-
4. Transmitter power:-
5. Area of its use:-
6. Public telecommunication telephone obtained by the applicant:-
7. Other specific details:-
Applicant’sSignature:-

Name:-
Address:-
Date:-

Schedule-1 (c)

Schedule-1 (c)
(Relating to Rule 3)
Application for radio machine other than satellite receiving system or
satellite communication system (earth station), cordless telephone and
amateur radio control operator or amateur radio director
To, ……………………
I, hereby, make a request, setting out the following details, and
accompanied also by duplicate copies of the pro forma invoice and technical
specification, for the license of radio machine in order to hold and use the
following radio machine.
1. Objectives and reasons for using the radio machine:-
2. Place of use:-
3. Frequency to be used:-
4. Estimated date for use:-
5. Details of the radio machine:-
(a) Manufacturer:-
(b) Model No.:-
(c) Serial No. etc:-
6. Type of station:-
7. Type of system to be used:-
8. Time of use:-
9. Other details:-
(a)
(b)
(c)
Applicant’sSignature:-

Name:-
Address:-
Date:-

Schedule-1 (d)

Schedule-1 (d)
(Relating to Rule 3)
Application for license of amateur radio control operator/ amateur radio
director
To, …………………
I, hereby, make a request, setting out the following details, and
accompanied also by duplicate copies of the pro forma invoice and technical
specification, for license of amateur radio control operator/ amateur radio
director in order to become the amateur radio control operator/ amateur radio
director.
1. Objectives for being amateur radio control operator/ amateur radio
director:-
2. Place where the amateur radio is held, used/operated:-
3. Details of the amateur radio:-
(a) Permanent/temporary:-
(b) Knowledge about the amateur radio: Theoretical/practical:-
(c) Knowledge about electronics and radio communication:-
(d) Frequency to be used:-
(e) System to be used:-
(f) Transmitter power:-
4. Other details;-
(a)
(b)
(c)
Applicant’sSignature:-

Name:-
Address:-
Date:-

Schedule-2

Schedule-2
(Relating to Rule 3)
Application for manufacturing of radio machine
To, ……………………..
I, hereby, make a request, setting out the following details, and
accompanied also by the design and technical specification of the radio
machine concerned, for license of manufacturing the following radio machines,
in order to manufacture the radio machines.
1. Details of the radio machine to be manufactured:-
a. Name:-
b. Type:-
c. Model:-
d. Power (Watts):-
e. Frequency range:-
2. Estimated number of annual production:-
3. Details of facilities required for manufacturing:-
4. Type of industry:-
5. Date of commencement of production:-
6. Place of manufacture:
7. Other details:-
(a)
(b)
(c) Applicant’sSignature:-

Name:-
Address:-
Date:-

Schedule-3

Schedule-3
(Relating to Rule 3)
Application for sale and distribution of radio machine
To, ……………………
I, hereby, make a request, setting out the following details, for the
license of selling and distributing the following radio machines, in order to sell
and distribute the radio machines.
1. Details of the radio machine to be sold and distributed:-
(a) Name:-
(b) Type:-
(c) Power (Watts):-
(d) Frequency range:-
2. Estimated number of annual sale and distribution:-
3. Date of commencement of sale and distribution:-
4. Place of sale and distribution:-
5. Other details:-
(a)
(b)
(c)
Applicant’sSignature:-

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 authority’sSignature:-