11Presumption about compliance with the condition in subsection 10(1) — low risk transmitters

11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters

Application (1) This section applies to a radiocommunications transmitter (other than a mobile station): (a) for which: (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or (b) for which: (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or (c) that is a point to point station operating on a frequency greater than 1 GHz.

Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:

(a) the area around an antenna that is fenced and where entry is through a locked gate;
(b) the area around a tower where the tower cannot be climbed except by the use of an external aid.

(2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W. Presumption (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that: (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).