Wireless Telegraphy Act, 1972

Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.

8.—(1) For the purpose of conserving the radio frequency spectrum or avoiding undue interference with wireless telegraphy, the Minister may from time to time impose such special conditions mentioned in subsection (4) of this section as he shall think proper. When granting a licence under the Principal Act the Minister may declare that the licence is issued subject to compliance by the holder of the licence with any special conditions imposed under this section which apply to the apparatus for wireless telegraphy to which the licence relates and are in force at any time when the licence is in force. In case the Minister makes a declaration under this section in relation to a licence, he shall take such steps as are necessary to ensure that a copy of any special condition which is for the time being imposed under this subsection is available for inspection at all reasonable times by any person.

(2) Whenever the Minister imposes special conditions under this section, as soon as practicable he shall cause notice of that fact to be published in at least one daily newspaper published in the State and the notice shall contain a statement of the place where and the hours during which a copy of the special conditions may be inspected by any person.

(3) Whenever the Minister makes a declaration under this section, the licence to which the declaration relates, for so long as a special condition imposed under this subsection and relating to the relevant apparatus for wireless telegraphy remains in force, shall be deemed to be issued subject thereto.

(4) The conditions referred to in subsection (1) of this section are conditions (which may be restrictions) as to the installation, maintenance or use of apparatus for wireless telegraphy and such conditions may apply to a particular apparatus or to apparatus which is of a particular type or description.

(5) A prosecution for a contravention of or a failure to comply with the requirements of a special condition subject to which, by virtue of this section, a licence is deemed to have been granted shall not be brought against a person unless prior to the commission of the alleged offence—

(a) the Minister has given to the person notice in writing of the special condition to which the alleged offence relates, and

(b) the person has had a reasonable opportunity of complying with the requirements of the special condition.