Growth in numbers of unlicensed equipment
Due to the rapid developments in the telecommunication sector, the number of applications considered unlicensed has grown significantly. This mainly concerns radio broadcasting equipment that in principle is intended for bridging signals over short distances and which also have low capacity.
Equipment with a licensing requirement
It should be noted that there are numerous companies in Curaçao that trade in broadcasting systems that use frequencies that are not permitted in Curaçao and/or broadcasting systems that require licensing for these to be installed, to have such present, to use or to operate such. This concerns devices varying from wireless telephones (including “DECT 6” telephones), surveillance cameras and intercom systems to baby-phones and wireless “Access Point” routers, etc. all of which are characterized by such an extent of broadcasting capacity that a license is required. This licensing requirement is laid down by law in article 15, paragraph 1 of the National Ordinance on Telecommunication Facilities (Official Gazette 2011, no. 37).
Exceptions for the licensing requirement
There are exceptions for the licensing requirement as referred to. Under certain conditions it is permitted to import and trade in broadcasting systems without a license being required for this. These conditions have been set out in the Ministerial regulations exemption telecommunications license 2015 (Official Gazette 2015. no. 3).
In these regulations, the following matters are further specified:
- the designated categories of broadcasting systems for which no license is required;
- the frequencies that these designated categories of broadcasting systems are permitted to use;
- the prescriptions that are applicable to the use of the designated broadcasting systems and corresponding frequencies.
The Ministerial regulations provide a clear distinction of which equipment may be used or traded freely. Besides this, there is a basic requirement that the equipment must comply with the prescriptions as adopted in:
Prescriptions unlicensed equipment
The prescriptions that apply for unlicensed use of equipment comprise the following starting principles:
- The equipment must be of such nature that its application and its technical construction are not likely to cause any or hardly any disturbance or obstruction in transmission systems, receiver systems and other electrical or electronic systems. Such is also laid down in article 48, paragraph 1 of the National Ordinance Radio Installations.
- The equipment may only use frequencies that have been designated by the Minister and are specified in the regulations. For some categories of broadcasting systems that are distinguished in the regulations, these frequencies, where necessary, have been processed in tables together with other specific prescriptions, which have been added as an annex to the Ministerial Regulations. This is also included in article 48, paragraph 2 of the National Resolution Radio Installations.