The New Zealand Ministry of Economic Development (MED) reports that a radio
amateur was prosecuted and received a $1750 fine for running too much power
Radio Spectrum Management recently prosecuted Amateur Radio Operator Alan
Potter for transmitting outside the terms and conditions of the General User
Radio Licence for Amateur Radio Operators.

The radio spectrum is an important resource for New Zealand and a key part
of Radio Spectrum Management's work is to ensure responsible use of the
radio spectrum in a way that doesn't cause interference to other users.

All amateur radio operators are required to gain a qualification that covers
the risks and harmful effects of interference from their transmitting
equipment. This includes the risks associated with transmitting at high
power levels."As a qualified amateur operator, Mr Potter is well aware of
the risks but has chosen to ignore them", says Chris Brennan, Compliance
Manager for Radio Spectrum Management. "This behaviour is unacceptable.
Radio Spectrum Management are serious about protecting the radio spectrum
for all users; we are continually monitoring and enforcing radio spectrum
compliance, which includes prosecution when necessary".

Radio Spectrum Management was alerted to a video Mr Potter posted on 'YouTube', a well known online video sharing site, which showed his transmitter
operating at 3100 Watts. Operating at such high transmitting power is likely
to cause interference to, and disruption of, a range of other licensed radio
services in the local area.

Radio Spectrum Management's role is to protect the public good by ensuring
equipment capable of transmitting radio waves complies with the terms,
conditions and restrictions of radio licences and International standards
applicable in New Zealand.
Conviction and charge

Mr Potter was charged in the Christchurch District Court on 14 April. He was
found guilty of breaching section 113 of the Radiocommunications Act 1989.
He was fined $1,750 and $130 for costs, plus he has been required to forfeit
his radio equipment. For the purposes of section 113, any person who erects,
constructs, establishes, maintains, or is in possession of any radio
transmitter is presumed to have used the radio transmitter. In this case, Mr
Potter was found in possession of radio transmitting equipment that was
capable of operating at a significantly higher power than the Amateur Radio
Operators General Licence allows.
. The New Zealand Companies Office quotes a slightly different name to that
used in the MED press release and on QRZ.com. It says:

Richard Allen Potter was convicted under Sec 113 of the Radiocommunications
Act 1989 for transmitting radio waves in breach of the conditions of the
radio licence issued under Sec 111(3) of the Act. Sentenced on 22 April
2010, to a fine of $1750.00 plus court costs of $130.00 and an order of
forfeiture was imposed for the equipment by the courts.