Use of Radiofrequencies for Radiocommunications Services
The use of radiofrequencies in the Republic of Cyprus is subject to either a General Authorization or an Individual Rights of Use, issued by the Director of the Department of Electronic Communications (DEC) of the Ministry of Transport, Communications and Works, according to the Radiocommunications Law and the relevant Regulations.
Individual Rights of Use are issued in cases where assignment of a specific frequency is required i.e. for Private Mobile Radio (PMR) systems, Public Access Mobile Radio (PAMR) systems, Public and Private Paging systems, Satellite Earth Stations, Amateur Radio Services, Fixed Radio Services and any other Radiocommunications Service concerning Terrestrial, Aeronautical or Maritime stations, other than those mentioned above, for which the assignment of a specific frequency is required in order to avoid harmful interference.
The use of all other radiofrequencies is subject to a General Authorization regime (see The Radiocommunications (Categories of Radiofrequencies Subject to General Authorization and Registration) Order) except from those referred in the Radiocommunications (Use of Radiofrequencies by Radioequipment that is Exempted from the Obligation to obtain an Authorization) Order.
Who is Eligible
There are no eligibility criteria which a natural person or legal entity must satisfy in order to obtain Radiocommunications Authorizations.
Where to Apply
The relevant application form (see the table below), can be submitted either through the PSC Cyprus or by contacting directly the competent authority:
Department of Electronic Communications
Ministry of Transport, Communications and Works
Strovolou 256 Avenue, 2048 Nicosia
P.O Box 24647, 1302 Nicosia
Tel: +357 22 814846, +357 22 814841
Fax: +357 22321925
Table. Application forms concerning radiocommunications services
|Radiocommunication Service concerning||Application form|
|Private (professional) Mobile Radio (PMR) systems
Public Access Mobile Radio (PAMR) systems
Public and private paging systems
|Individual rights of use of frequencies application form (PMR-PAMR-PAGING)|
|Satellite Earth Station||Individual rights of use of frequencies application form – Satellite Earth Station|
|Amateur Radio Service||Individual rights of use of frequencies application form – Amateur Radio Service|
|Fixed Radio Services||Individual rights of use of frequencies application form – Fixed Radio Services|
|Any other Radiocommunications service concerning terrestrial or aeronautical or maritime stations, other than those mention in paragraphs (a) to (f), for which the assignment of a specific frequency is required, for avoiding harmful interference and for which Regulation 14(2) does not provide for a specific application form||Individual rights of use of frequencies application form (Generic)|
|Radiofrequencies Subject to General Authorization and Registration) Order||General Authorization Registration Form|
|Radiobroadcasting Service for the operation of small local radiobroadcasting organisation, local radiobroadcasting organisation and nationwide radiobroadcasting organisation||Individual rights of use of frequencies application form (Radio Broadcasting Service)|
Which Certificates must be Submitted
The relevant application for the individual rights of use may need to be accompanied by the following documents accordingly:
- Copy of Birth Certificate or identity card or passport;
- Copy of Certificate of Incorporation by the Registrar of Companies and Official Receiver in case of a legal entity, a copy of the Registration Certificate by the Commissioner for Associations and Institutions in case of club/association/foundation, or a copy of the registration certificate by the Ministry of Education, Culture, Sports and Youth in case of a school;
- Copy of the study of the estimation of exposure of the public to electromagnetic fields in the case the exposure quotient is above 30 % (required in all application forms except the radio amateur service application form);
- A diagram in which the Radiocommunications system is described (only required by the generic service application form);
- Copy of evidence of success in radio amateur examinations or a valid equivalent amateur radio authorization issued by any other country that has adopted CEPT recommendation T/R 61-01 (It is only required in the radio amateur service application form);
- Copy of evidence that the space station operator and the applicant have reached an agreement for the use of the specific space segment (It is only required in the Satellite Earth Station application form);
- A statement identifying the requirement for radio facilities and their intended use along with a brief overview of the present system and how the proposed system integrates with any present service offerings in case of amendments made to existing facilities (in case the generic application form is concerned);
- Finally additional technical and operational information in the form of a technical brief may be required in each application form;
- Fee payable either by cash, cheque, bank transfer or via the JCC website (see “Radiocommunications Services Fees” in the “Applications & Documents”).
The notification for the use of frequencies that are subject to general authorization needs to be accompanied by the following documents:
- Copy of Certificate of Flying Competency issued by the Department of Civil Aviation and a copy of authorization from the aircraft owner (in case of use of mobile communications in an aircraft).
Fees Applicable & How to Pay
Within one month upon approval, the applicant has to pay the relevant authorization fees (see “Radiocommunications Services Fees” in the “Applications & Documents”).
The renewal fee is payable until the 31st of January of the following year. Also, for the use of frequencies that are subject to general authorization and notification, the user has to pay the applicable renewal fee by the 31st of January of every year to use the frequencies during that year (see “Radiocommunications Services Fees” in the “Applications & Documents”).
For both individual rights of use and general authorizations, 4-weeks time is, usually, needed for DEC to evaluate the application form.
Licence Validity Period
The validity of an Individual Right of use is until the 31st of each year. The renewal fee is payable until the 31st of January of the following year. Also, for the use of frequencies that are subject to general authorization and notification, the user has to pay the applicable renewal fee by the 31st of January of every year to use the frequencies during that year (see “Radiocommunications Services Fees” in the “Applications & Documents”).
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action Against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.
How to Appeal
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
What are my Obligations
The licensee is obliged to comply with the terms and conditions of the relevant authorization issued by the Director of the DEC (see table “Terms and Conditions” provided in related documents) as well as the provisions of the Radiocommunications Law and the relevant Regulations.
The DEC conducts regular inspections in order to ensure that the authorized Radiocommunications systems operate according to the relevant terms and conditions. Within this framework the Director may demand any information that may be helpful to exercise the powers granted by the Radiocommunications Law and Regulations. Accordingly, the Department may suspend or terminate an authorization, shut down a station, confiscate radioequipment or impose a penalty in case of any violation of the Radiocommunications Law, Radiocommunications Regulations or any term and condition of the authorizations.
In addition the DEC evaluates on a random basis the exposure to electromagnetic fields.
In case of TV and Radio broadcasting stations, DEC conducts annual inspections.
In case of a written complain regarding harmful interference, DEC conducts the required inspection and takes appropriate enforcement measures according to the provisions of the Radiocommunications Law.
Moreover, the Department develops, keeps, and publishes in the Official Gazette of the Republic, the radiofrequency plan of the Republic (provided in related documents).