In the course of conducting exercises to resolve interference problems, the spectrum manager may be required to enter user premises and inspect radio equipment to determine compliance with licence conditions and technical standards.
An important aspect of fulfilling these tasks is the requirement under law and regulation to establish the powers, authorities, duties and obligations of the spectrum manager/inspector and protection of rights for the public under circumstances where inspection of property is necessary.
Equipment Seizure and other Enforcement Actions
There are (hopefully rare) occasions when the user of a transmitter causing harmful interference is endangering the public in a persistent and wilful manner and the reasonable course of action requires the spectrum manager to seize equipment to prevent such endangerment.
Again, it is necessary to provide the spectrum manager with the appropriate authority to seize equipment under carefully defined conditions to prevent abuses of power and ensure the user’s right to due process.
When it is determined that harmful interference may be caused by any particular equipment, the spectrum manager may, by first informing the person in writing, direct the owner or user of that electrical, electronic or radiocommunication equipment to do, at their own expense, any one or more of the following:
Take suitable measures to eliminate or reduce the interference or disturbance;
Remedy a fault in or the improper operation of the equipment;
Modify or alter the equipment; or
Disconnect the equipment.
Otherwise, the owner or user risks having the equipment seized by the spectrum manager.