Compliance Notice for Radio Apparatus Licensees and Users

The Office of the Telecommunications, Radiocommunications and Broadcasting Regulator (TRBR) is mandated to regulate the telecommunications and broadcasting industry by the Telecommunications Radiocommunications and Broadcasting Regulation Act No. 30 of 2009 as amended by Amendment 22 of 2018 (the Act).

Part 2, Section 8, Of the Act provides the Regulator with the powers of Information Gathering, Section 8 ,1 (a)(b)(c) of the act states that:

(1).    If the Regulator believes that a person has information or documents relevant to the exercise of any of the Regulator’s powers or functions, the Regulator may require the person to:
(a).    produce such documents; and
(b).    make copies of such documents for the Regulator; and (c). require the service provider to furnish such information.

Part 3, section 12, of the Act provides the requirements to hold a licence, section 12(2)
(i) of the Act states that:

2). A person must not install or operate a radiocommunications device in Vanuatu or its territorial waters or airspace, or in any ship or aircraft registered in or under the law of Vanuatu, except:
(i). under and in accordance with a licence or exception;

Pursuant to the Act, TRBR wishes to inform and remind all Radio Apparatus Licence Holders of radio equipment’s about their obligation to have their Radio Apparatus Licensees for 2022 renewed. This includes radio equipment’s which are installed on-board marine vessels, aircraft and on land, and whose licenses have not yet been renewed for 2022 of their obligations to have their radio licenses renewed as soon as possible and no later than 31st March 2022.

Operators who are using the following services listed below but have not been issued with a Radio Apparatus Licence, TRBR is kindly asking that you come forward and sort out your licence as soon as possible, no later than 31st March 2022. TRBR is taking necessary steps to ensure all users of the services listed are operating legally in Vanuatu.
•    Aeronautical Services
•    Aircraft Services
•    Amateur Services
•    Broadcasting Services
•    Maritime Services
•    Land Mobile Services and
•    Satellite (VSAT) Services

The operators who are using these services but fail to inform TRBR by 31st March 2022,
will be subjected to Section 9 which states:

9 Equipment inspection
(1)    If the Regulator reasonably believes that any person has in their control or is using any equipment contrary to this Act or a Regulation, the Regulator may:
(a)    search any premises, vehicle, ship or aircraft for the equipment and may be accompanied by a police officer; and
(b)    inspect, take photographs, or make sketches of the equipment; and
(c)    operate the equipment, if necessary, to ascertain its nature or the manner of its use.

(2).    No compensation is payable in respect of the exercise or purported exercise by the Regulator of any power in this section, except that reasonable compensation is to be paid for any loss or damage to equipment which results from the negligence of the Regulator.

Please note that Failure to provide accurate information may result in the inspections being carried out and penalties may be applied pursuant to section 46 (3) under Telecommunication Radiocommunications Broadcasting Regulator Act No 30 as amended by Amendment 22 0f 2018 and other amendments.

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