- Changes and Additions to the SLVRC
Policy and Guidelines -
The policy revisions drafted in the
spring of 2000 were reviewed and discussed at the several General Meetings.
Amendments were made in accordance with the consensus arrived at by the
SLVRC members. These amended revisions to the policy were
approved at the general meeting on April 29 2001.
The purpose of these changes and
additions is to provide working definitions of 'operational' and 'non-operational' status,
to set out the process and time periods governing actions to suspend and ultimately revoke
the frequency coordinations applying to a system, and the processes of appeal against such
actions.
While it may be unlikely that many of these provisions will have to
be applied, it is nevertheless necessary to have a clear statement of policy on such
matters for the guidance of SLVRC members and the executive of the Council.
25.0 INITIAL COORDINATION PERIOD:
( No change ) 25.1 New frequency coordinations are made
for an initial and provisional period of six months. During this initial period, it is
expected that the system described to the Council will undergo on the air testing and
achieve regular, continuing operation. If necessary, the licensee may request an extension
of three months to achieve operational status. If, at the end of the six or nine month
period the Frequency Coordinator has not received written notice that the system is
operational, the coordination may be cancelled. It is the responsibility of the licensee
of a system to inform the Council of the operational status of the system.
( No change ) 25.2 During the initial six month period,
the licensee of the system shall conduct transmitting and receiving tests, identified as
appropriate on the air, sufficient to permit other systems to determine if the new
installation is causing interference to their system. The methods and periods of testing
undertaken and the results of those tests shall be communicated to the Frequency
Coordinator at the time of reporting on the operational status of the system.
26.0 CONTINUATION
OF COORDINATED STATUS:
( No change ) 26.1
For coordinated systems remaining in operation, frequency
coordinations continue in effect on a 12-month basis. Coordination is renewed annually in
the fall of the year, assuming no changes requiring reconsideration of coordination have
been made, on receipt of the SLVRC Technical Information Report Form at or shortly before
the fall general meeting of the Council.
( Revised ) 26.2
If the Technical Information Report Form for a given coordinated
system is not received by the Frequency Coordinator by the end of October
- information
on the system may not be forwarded for publication in the various directories, which are
revised at the end of each year
- the
SLVRC may assume the system to be non-operational and may, with notice, suspend the
coordinations applying to the system and, subject to appeal, release the frequency(ies) to
the pool of frequencies available for reallocation.
( New ) 26A.0
SUSPENSION AND REVOCATION OF COORDINATED STATUS, AND THE APPEAL PROCESS:
( New ) 26A.1 If
a frequency coordination is suspended for any reason, the holder of record or the trustee
of the system shall be sent a notice of this action.
The holder/trustee may, within 30 days of the date of the notice, file a written
appeal of the suspension with the Council.
( New ) 26A.2 Notices and confirmations concerning actions taken
by the Council to suspend or revoke or cancel frequency coordinations applying to a system
shall be sent by Email to the holder of record or the trustee of the system to the last
Email address of record, or if the Council has no record of an Email address, by post mail
to the last address of record .
( New ) 26A.3 An appeal
to the Council against the suspension or revocation/cancellation of frequency coordination
shall be in writing and shall outline the reasons why the action should not proceed.
The
appeal shall include a full Technical Information Report form unless the Council
previously received a full and current report within the current calendar year . Refer to Section 26B.4.
( New ) 26A.4 If an
appeal is incomplete or is received after the specified period, it may be declared to be
invalid by the Council executive.
( New ) 26A.5 On receipt
of a valid appeal, the Frequency Coordinator may at his discretion reinstate the
coordination or send the matter to an Appeal Committee.
( New ) 26A.6 If no
response to the notice (Section 26A.1) is received within the 30 days, then the
coordinated status of the system may be revoked without further notice, and the holder of
record or the trustee shall be sent a
confirmation of the action taken.
New ) 26A.7 In
the event of revocation or cancellation of coordinated status applying to a system, any
further action to coordinate frequencies for that system shall be considered a new
coordination request.
( New ) 26A.8 Systems
which lose their coordinated status through revocation or cancellation for any reason
shall not retain 'first on frequency' status in respect to resolution of interference or
other problems, and may not enjoy the support of the Council in dealing with such
problems.
( NEW ) 26B.0
HEARING OF APPEALS:
( New ) 26B.1 An
appeal of suspension or revocation action filed with the Council shall be heard by an
Appeal Committee within 30 days of its receipt, if possible. Council action on the coordinated status of the
system will not be taken until the appeal is heard. The holder of record or the trustee
shall be sent a notice of the decision of the Appeal Committee hearing within 10 days of
the decision of the Appeal Committee (per Section 26A.2, above). Normally, the process will be completed within 40
days of the receipt of the appeal.
( New ) 26B.2 Appointments
to an Appeal Committee are at the discretion of the Chairman of the Council.
( New ) 26B.3 An
Appeal Committee shall consist of one or more members of the Council executive plus two or
more full members of the Council who are not members of the executive. The appellant or his representative may be present
to support his case to the Appeal Committee. The
appellant or his representative is not a member of the Appeal Committee.
( New ) 26B.4 The
documents presented for an appeal, an appeal hearing and the results of the deliberations
of the Appeal Committee can be either in
English or in French at the choice of the appellant.
If the appeal is to be heard in French before the Appeal Committee, this preference
is to be communicated to the Chairman of the Council at the time the appeal is filed.
( New ) 26B.5 The decision of the Appeal Committee shall be the
final one and shall be the decision of the Council in whole.
( New ) 26B.6 Following
notice of the decision of the Appeal Committee to the holder of record or trustee of the
system, this decision shall be published to the members of the Council on the remailer
'SLVRCLIST', shall be posted on the Council web site, and shall be included with the
minutes of the following general meeting of the Council.
27.0 ( New
Heading ) - OPERATIONAL STATUS OF SYSTEMS WITH COORDINATED FREQUENCIES: ( formerly SYSTEMS
CEASING OPERATIONS:)
( New ) 27.1 Operational
System. A system shall be considered to be
'Operational' if it is in regular and continuing operation and is functioning generally at
the output power level and within the parameters specified in the most recent Technical
Information Report form (or amended report) accepted by the Frequency Coordinator.
( New ) 27.2 Out
of Service. A coordinated system may be taken
out of service for reasonable periods for repairs or modifications, without loss of
coordinated status.
( New ) 27.3 Non-Operational
System. Systems that are out of service for a
period of six months shall be considered 'Non-Operational'.
Systems that consistently function significantly below the level described
in Section 27.1 above for a period of six months shall be considered to be
'Non-Operational'.
( New ) 27.4 The
Frequency Coordinator shall review the coordinations applying to systems which are
considered to be non-operational. If in the
opinion of the Frequency Coordinator changes are necessary in the conditions applying to
the coordination of the system to retain coordinated status, a notice of those changes
shall be sent by the Frequency Coordinator to the holder of record or to the trustee of
the system (in accordance with Section 26A.2 above).
(
Revised) 27.5
(formerly part of 27.1 ) If a
coordinated system becomes non-operational for a period of six months, notice of the
intention to reactivate the system consistent with Section 27.1 above and thus maintain
the coordinated status of the system must be received by the Frequency Coordinator within
one additional month. This notification
shall include a full Technical Information Report form
and shall specify the date by which the system will become operational once again.
( Revised ) 27.6 (formerly part of
27.1) If such notice is not received within the specified period and if in the
opinion of the Frequency Coordinator the system will not be made operational in a
reasonable period of time, the coordinated status of the system may, with notice, be
suspended and ultimately revoked at the discretion of the Frequency Coordinator, subject
to the normal appeal procedures. In this
event, the frequencies allocated to the system will be returned to the pool of frequencies
available for assignment for the use of other systems.
28.0 CHANGES
IN SYSTEM PARAMETERS:
( No change ) 28.1
A change in any of the physical, operational or legal
characteristics of a system requires that the Council be notified of such change in
writing. Such written notice is to include the provision of an up-to-date Technical
Information Report form.
( Revised ) 28.2
Any change in factors affecting the physical nature or operating
conditions of a system previously coordinated which are likely to change the coverage area
of the system shall make that system subject to re-coordination by submission in writing
to the Frequency Coordinator PRIOR TO implementing the change.
( New ) 28.3 A system
which functions for more than six months with ERP or antenna height above average terrain
changed by more than 10% or the location changed by more than 5 kilometers is deemed to be
a different system than the original, coordinated system.
Similarly, a system that changes ownership or sponsorship is deemed to be a
different system than the original system.
( New ) 28.4 Any
coordinated system that changes as mentioned and that does not within six months file an
up-to-date Technical Information Report form for consideration by the Frequency
Coordinator shall be deemed to have become non-operational at the time the change was
made. In this event, action may be taken in
accordance with Section 27.5.
10.0 QUORUM
FOR MEETINGS:
(Revised) 10.1 At least two of the officers
of the SLVRC plus at least 10 of the full Continuing Members of record (including written
and signed voting proxies) shall be a quorum for voting at meetings.
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