First impressions from the new operating regulations in the Czech Republic. Taken from CRC

In 2005 development culminated in our country, which was foreshadowed by significant legislative changes in the world and in Europe. One of the very strong impulses was the World Radiocommunication Conference WRC 2003, who decided, that tests of knowledge of telegraphy cease to be a globally valid condition for radio amateurs to enter the KV band, and left the assessment of the expediency of such tests to the national telecommunications administrations. Germany reacted immediately, which admitted to KV bands via 30 thousand operators without telegraph examination. And soon the European Conference of Postal and Telecommunications Administrations also took notice (CEPT), which original two classes of CEPT international permits (Class A with exam, Class B without telegraphy exam) merged into a single class, for which knowledge of telegraphy is not a prerequisite. Both facts determined the development in a number of European countries, which is gradually becoming the norm, to be non-binding: waiver of telegraphy exams and significant reduction of operator classes. It must be emphasized, that these tendencies are to some extent the result of the efforts of the international radio amateur organization IARU, however, the authorities are bringing them to life with speed, with which they would never respond to the initiatives of radio amateurs themselves. It is obvious, that the primary reason is efforts to simplify administrative procedures and reduce state expenditures. It's nothing new: likewise with the efforts of

austerity hit radio amateurs in the US in the 1970s with the advent of the Reagan administration, and they did not ultimately bring evil, but on the contrary, what we envy American radio amateurs: a system of concession examinations substantially built on the work of voluntary examiners. But in Europe we usually take things to the weirder end, which is shown by the present effort of the British administration to convert the licensing of amateur stations into a regime corresponding to our general licences, i.e. the ability to broadcast without trials, based on a mere application for registration. Even a radio amateur can hardly wish for that, which has the most open arms towards newcomers. Efforts of European officials to save themselves work and state expenses (to leave more for the salaries of officials) so they are starting to take direction, to be concerned about. Specifically, in the Czech Republic, these tendencies coincided with the completion of the standard completing the process of harmonization of the telecommunications legislation of the Czech Republic with EU legislation, of the Electronic Communications Act. Preparation of implementing decrees for the law, which concerned radio amateurs, she pointed, that even our officials in efforts to liberalize, harmonization and unification are significantly outpaced by impulses coming from the ranks of radio amateurs themselves. The Czech Radio Club, as an organization for all radio amateurs, did not consciously take a strong position on development, that among the members there are supporters and opponents of the changes in a fairly balanced ratio. However, he was also based on that, that if it is necessary to open the entrance door to the amateur radio world for new interested parties, and to this corresponds a retreat from the rigid insistence on the telegraphy examination, then at the same time it is necessary to protect the CW bands from trying to destroy them, who do not know telegraphy. Drafted in this spirit, the proposal for the wording of the new regulations so outraged some of the more conservatively oriented members, that even at the congress of the year because of it 2004 tried to take over the leadership of the CRK. However, this original proposal of the ČRK was overcome by the development of recent months. The requirements of the authorities for the most consistent harmonization of our regulations with European ones were finally accepted by the CRK. Especially because, that in

the situation, when a number of important European countries, including our closest neighbors, abandon differentiated requirements for radio amateur exams, would, taking into account the purely international character of amateur radio bands, strive for a conservative solution “but at least here” they brought absolutely nothing materially, and we would, on the contrary, end up in an unacceptable situation, when access to amateur bands would be more difficult here, than in other comparable countries. One stage of the development of legislation for radio amateurs has thus come to an end, and on May 1 2005 a number of new regulations come into force, of which we are particularly concerned by Act No. 127/2005 Coll. on electronic communications, Decree No. 155/2005 Coll. about the method of creating call signs, identification numbers and codes, their use and about the types of radiocommunication services, for which they are required, Decree No. 156/2005 Coll. on the technical and operational conditions of the amateur radio communication service, and Decree No. 157/2005 Coll. on the details of the application for the test to demonstrate professional competence to operate broadcasting radio equipment, on the scope of knowledge required for individual types of professional competence, on the method of conducting the tests, on the types of certificates of professional competence and their period of validity. Electronic Communications Act No. 127/2005 Coll. is a very long and complicated prescription, which solves the extremely comprehensive issue of telecommunications, and radio amateurs are directly affected in only a few places. We recommend that you familiarize yourself with these provisions in particular: §§ 17 – 19 – individual authorization to use radio frequencies (this is how the concession is now called), § 26 – competence, § 89 – confidentiality of communications, § 100 – protection of electronic communications, § 113 – state control of electronic communications, § 118 – 119 – administrative offences, § 120 – offences, § 122 – relation to the administrative code, § 123 – remedies. The authorization can now be extended again (as before the period of validity of Act No. 151/2000 Coll.), usually by time, on which it was issued. Decree No. 156/2005 Coll., operational regulation, brings about these changes: · The class structure is completely changing: existing class A, B, C and D merge into a single class A – HAREC (according to the interpretation of the Ministry of the Czech Republic from 29.4.2005), whose holders can work by performance 750 W on all bands allowed by us (unless the tables in the annex to the decree stipulate a different performance for some frequency segments). · Class N is newly created –

NOVICE with permitted performance 10 W and with access to the sections of the KV belt 160, 80, 15 a 10 m and on the VHF band from 2 m above. It will use callsigns with the prefix OK9 and a three-letter suffix. · Class A is harmonized according to HAREC and is therefore valid in Europe and other countries, class N has not yet been harmonized. However, CEPT is also preparing harmonization principles for this type of class, the said handicap will probably fall over time. · The need for higher performance in races and during EME operation was solved humorously and without the need for exceptions: Class A operators can work with 1.500 W from intravillan and se 3.000 W from extravillan. · Permitted performances actually decreased: in the previously valid regulations, performance limits were set as effective performances, the new regulation understands them as peak performances. · Keeping a station diary is only mandatory for club stations. · Reporting data “portable” whose “mobil” not binding only in races; exception for expedition operation (perhaps by mistake) she dropped out. · The types of traffic in individual sections of the belt are determined bindingly according to the recommendations of the IARU. · A person without an operator's license may only broadcast from the club station, under supervision and only in class N. · They know the regulations for the first time here (and therefore recognize) operation of unattended stations, they understand the traffickers, beacons and packet nodes, and limit their performance to 50 W. Permits issued in accordance with previously valid regulations remain valid until the period stated on them and are considered individual authorizations for the use of radio frequencies pursuant to Act No.. 127/2005 Sb. of class A operators according to decree no. 156/2005 Sb. (according to the interpretation of the Ministry of the Czech Republic from 29.4.2005). · Powers of multiple broadcasting devices, which transmit the same modulation on the same frequency, are added together for the purpose of assessing compliance with performance limits. In the wording known today § 4 paragraph 5 of the decree is this rule in the form of a reference (“Performances listed in paragraphs 2 a 3…”) limited to normal operation only, however, according to unofficial information, there was a typo (the correct wording should be “Performances listed in paragraphs 2 a 4 …”, which also corresponds to logic, because paragraph 3 has no connection with performances), which is said to be corrected by the standard procedure for correcting a typographical error in the Collection of Laws. Decree No. 157/2005 Coll., qualification regulation, is common to all radiocommunication services. · Only knows operator A's cards – HAREC a N – NOVICE (the N card does not yet have international validity). · There is no set minimum age or minimum education for an applicant for an amateur station operator's license, therefore, for the first time, we do not have a minimum age for the concessionaire. · In the case of amateur service, the pass is valid for a permanent period of time. · Although the telegraphy exam is no longer part of the exams, the applicant can submit it at his own request (which has practical meaning for you, who would like to apply for recognition of exams passed in the Czech Republic to obtain a license in the countries, which require knowledge of telegraphy). · The content of the exams must adequately correspond to the recommendations of IARU Reg.I. · ČTÚ is finally obliged to publish the wording of the trial tests. Administrative fees remain the same, i.e.. issuance of an operator's license costs 400,- CZK, issuance of concession 500,- CZK, a fee for extending the validity of the concession is newly established 200,- CZK (at least

so we save on something). In 2000 we stated at this point in the very angry article Malý Čech se dočkal, that the level of communication between ČRK and ČTÚ is poor. In five years, ČRK managed to change this situation significantly. We have the opportunity to consult with senior representatives of the CTU, we also built similar contacts at the new Ministry of Informatics. It doesn't mean of course, that our every request is fulfilled in advance, however, we can discuss, explain, get an explanation. Defying the progress described, and that, that we could show places in this and that prescription, which are the success of our designs, yet we must say everything, that the quality of the regulations adopted this year, if we assess the quality of the legal norm (nikoli to, what specifically does it give or take away from us), is at its lowest level since a year 1989,. The reason is not the unwillingness or incompetence of officials. It is the very essence of amateur radio as a telecommunications activity, and thus countless partners, that radio amateurs, as one of the many participants in telecommunications activities, have. Let's put it more simply: it is no longer possible to regulate all telecommunications with a single law. The state has other interests and tasks, other public and private media, other commercial providers of myriad telecommunications services, other education, science and research, other transport and energy, another army, police and secret services… Each of these circuits means a complicated thicket of relationships and needs in itself, and it can be seen very clearly in the Electronic Communications Act, to get them all “under one roof” is possible only at the cost of immense hardships. Lobbying for such and such interests is inextricably linked to the legislative process in a democratic society. After all, and radio amateurs “valiantly” lobbied: in ZoEK, you can find, for example, a branch of the type in several places “this is not required for promoters of the amateur radiocommunication service” – it is precisely the impact of lobbying by ČRK and other radio amateurs. But not only radio amateurs lobbied. It can be said with only a slight exaggeration, that if so comprehensive a matter is being prepared, with which the representatives of dozens and hundreds of disciplines associate their expectations and hopes, then to each official, who prepares the laws, they sit behind dozens and hundreds of lobbyists, and under such circumstances a quality law simply cannot be created. We all probably remember from the media, how much work did the deputies and senators have to combine the ZoEK proposal and the needs of digital terrestrial TV broadcasting. Too wide a shot, too much lobbying and too much haste at the end of the legislative work resulted in unclear and internally inconsistent regulations, and many mistakes. Even in the 1990s, the thought of a separate law on amateur service seemed like an unnecessary luxury. However, the experience of the last campaign to prepare telecommunications regulations shows, that it is a goal, which is worth striving for. A good example is sneakiness, which from unknown sources anchored in the draft § 100 Search – draft rule, that if the source of interference is an amateur station, will be affected without an objective examination of the case, which the law otherwise remembers in case of interference coming from any other sources. In such a vast material, jako je ZoEK, the thing could have easily escaped. Fortunately, by combining the forces of radio amateurs and their political contacts, the danger was averted, but the same situation can happen at any time in the future, for example, during negotiations on amendments to the law, repeat. A separate regulation of amateur radio affairs would certainly facilitate the monitoring of such schemes. The Czech radio club should start striving for this change as soon as possible. © OK1XU, 2005