6. CELLPHONE “JAMMERS”
Another topic which generates questions from time to time is that of cellphone “jammers”, devices which are intended to prevent the use of cellphones in a specific area, such as a concert hall or cinema. The unauthorised use of “cell phones” by those on custody (pun intended) is another matter that has received some publicity recently. Despite the point that “jammers” may seem desirable in some circumstances, they may not be used in either New Zealand or Australia.
Telecom’s position was outlined in Newsletter No. 141, but further questions led to the matter being addressed more formally by the Radio Spectrum Management group of the Ministry of Economic Development, who were kind enough to permit my publication of the main points of their ruling in this newsletter. The following excerpt includes some minor editorial changes to “generalise” the response that was given for a specific enquiry:-
“Any use of cellphone “jammers” impacts on the legislative provisions for radiocommunications (the Radiocommunications Act 1989 and the Radiocommunications Regulations 2001) which the Ministry administers.
Individuals in New Zealand (and all other countries signatory to the International Telecommunications Union conventions) do not have "rights to regulate their own airspace". New Zealand requires that any transmission of radio waves may only be made in accordance with an authorising licence, or in accordance with a specific exemption from having such a licence.
Licences for use of a transmitter in the cellular phone frequencies in NZ can only be registered by the organisations (Telecom and Vodafone) holding the management rights for those frequency bands. No licences have been issued for operation of jamming devices, and the Ministry's communications with those organisations to date indicate that they do not intend to create and register such licences. In view of that approach, and considering the risk to emergency communications which might result from jamming equipment, the Ministry has not issued any exemption from licensing for such devices.
The supply of radio transmitters in New Zealand requires the supplier to hold a licence to supply, and it is only legally permissible to supply radio products which meet both applicable radio Standards, and licence conditions. As no licences have been issued for cellphone “jammers”, these devices must not be supplied in New Zealand, nor may they legally be used.
The Radiocommunications Act provides for significant penalties of fines of up to $30,000 for an individual, or $200,000 for a body corporate if convicted of an offence.”
Anyone interested in pursuing the issue of using or supplying cellphone “jammers” to the local market should access and read http://www.med.govt.nz/rsm/standards/index.html#information-for-suppliers and http://www.med.govt.nz/rsm/licensing/index.html which are published on the Radio Spectrum Management web site, under "Standards & Compliance".
A more acceptable means of dealing with the disruptions that can be caused by cellphones is the use of a detector, which simply indicates that a cellphone is turned on even when it is not actually in use. This allows the “management” of the location in question to make sure that all cellphones in the vicinity have been turned off and will not cause disruption.
If used in conjunction with signage asking that all cellphones be turned off and warning that detectors are in use, all but the more determined user will usually comply with the request.
Doug Burrus
Manager
Access Standards
