Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1) (Cth)

Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Variation under section 134 of the Radiocommunications Act 1992.

Dated  10 April  2003

A.J SHAW  Chair

R HORTON  Deputy Chair

Australian Communications Authority

1. Name of Variation

This Variation is the Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1).

1. Commencement

This Variation comes into force on gazettal.

1. Variation of Radiocommunications (Communication with Space Object) Class Licence 1998

Schedule 1 varies the Radiocommunications (Communication with Space Object) Class Licence 1998.

Schedule 1          Variations

(section 3)

[1]          Section 3

substitute

1. Definitions

(1)In this Class Licence:

Act means the Radiocommunications Act 1992.

device compliance day, for a device to which this Class Licence applies, means the most recent of the following days:

(a)if the station was manufactured in Australia — the day it was manufactured;

(b)if the station was manufactured overseas and imported — the day it was imported;

(c)if the station was altered or modified in a material respect — the day it was altered or modified.

emergency position-indicating radiobeacon station has the meaning given by subsection 3 (1) of the spectrum plan.

Facility means the Australia Telescope National Facility.

licensed apparatus means a station for which an apparatus licence is in force.

numbering plan means the plan made by the ACA under section 455 of the Telecommunications Act 1997, as in force from time to time.

qualified operator means a person who holds:

(a)a qualification mentioned in Schedule 1; or

(b)an overseas qualification recognised by the ACA or the Australian Maritime Safety Authority as an equivalent qualification.

(2)A reference in this Class Licence to an instrument made under the Act, or to a document published by the International Maritime Organisation (IMO), is a reference to the instrument or document as in force or existing from time to time.

(3)In this Class Licence, the range of numbers that identifies a frequency band is taken to include the higher, but not the lower, number.

Example

The 148 to 150.05 MHz frequency band is made up of radio frequencies that exceed 148 MHz but do not exceed 150.05 MHz.

Note   For definitions of other expressions used in this Class Licence, see the Act, the Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2000.

[2]          Paragraphs 6 (2) (a) to (d)

substitute

(a)148 to 150.05 MHz; or

(b)1610 to 1660.5 MHz; or

(c)1980 to 1994.5 MHz; or

(d)1994.5 to 2000 MHz; or

(e)2000 to 2009 MHz; or

(f)2009 to 2010 MHz; or

(g)14 to 14.5 GHz; or

(h)28.6 to 29.1 GHz.

[3]          Paragraphs 6 (3) (a) to (g)

substitute

(a)137 to 138 MHz; or

(b)400.05 to 400.15 MHz; or

(c)400.15 to 401 MHz; or

(d)1164 to 1215 MHz; or

(e)1215 to 1260 MHz; or

(f)1525 to 1559 MHz; or

(g)1559 to 1610 MHz; or

(h)1613.8 to 1626.5 MHz; or

(i)2170 to 2178.5 MHz; or

(j)2178.5 to 2184 MHz; or

(k)2184 to 2193 MHz; or

(l)2193 to 2200 MHz; or

(m)2483.5 to 2500 MHz; or

(n)11.7 to 12.75 GHz; or

(o)18.8 to 19.3 GHz.

[4]          Section 6, notes 2, 3, 4, 5 and 6

substitute

Note 2

   Footnote 266 in Part 4 of the spectrum plan provides that the frequency band
406–406.1 MHz may be used only by a low power satellite emergency position-indicating radiobeacon station.

Note 3   For the frequency band mentioned in paragraph 6 (2) (a):

·Footnote 209 in Part 4 of the spectrum plan provides that the use of the frequency band by a mobile-satellite service is limited to non-geostationary-satellite systems. 

·Footnotes 219 and 221 in Part 4 of the spectrum plan apply to the use of the frequency band 148–149.9 MHz by a mobile-satellite service. 

·Footnote 220 in Part 4 of the spectrum plan applies to the use of the frequency band 149.9–150.05 MHz by a mobile-satellite service. 

·Footnote 224A in Part 4 of the spectrum plan provides that the use of the frequency band 149.9–150.05 MHz by a mobile-satellite service (Earth-to-space) is limited to the land mobile-satellite service (Earth-to-space) until 1 January 2015. 

·Footnote 224B in Part 4 of the spectrum plan provides that the allocation of the frequency band 149.9–150.05 MHz to the radionavigation-satellite service will be effective until 1 January 2015.

Note 4   For the frequency band mentioned in paragraph 6 (2) (b):

·

Footnote 351 in Part 4 of the spectrum plan provides that the frequency bands

1626.5–1645.5 MHz and 1646.5–1660.5 MHz must not be used for feeder links of any service, but that in exceptional circumstances an earth station at a specified fixed point in any of the mobile-satellite services may be authorised by an administration to communicate via space stations using those frequency bands. 

·Footnote 353A in Part 4 of the spectrum plan applies to the use of the frequency band 1626.5–1645.5 MHz by a mobile-satellite service.

·Footnote 357A in Part 4 of the spectrum plan applies to the use of the frequency band 1646.5–1656.5 MHz by a mobile-satellite service.

·Footnote 364 in Part 4 of the spectrum plan applies to the use of the frequency band 1610–1626.5 MHz by a mobile-satellite service (Earth-to-space) and by a radiodetermination-satellite service (Earth-to-space).

Note 5   From 1 January 2003, the frequency band mentioned in paragraph 6 (2) (d) may only be used for mobile-satellite services (Earth-to-space) — see subsections 6 (2) and (3) of the Mobile-Satellite Service (2 GHz) Frequency Band Plan 2002.

Note 6   From 1 August 2004, the frequency band mentioned in paragraph 6 (2) (e) may only be used for mobile-satellite services (Earth-to-space) — see subsection 6 (3) of the Mobile-Satellite Service (2 GHz) Frequency Band Plan 2002.

Note 7   For the frequency band mentioned in paragraph 6 (3) (a):

·Footnote 209 in Part 4 of the spectrum plan provides that the use of the frequency band by a mobile-satellite service is limited to non-geostationary-satellite systems.

·A mobile-satellite service operating in the frequency band will not be afforded protection from interference from a television station operating in a frequency band 137 to 144 MHz (VHF television channel 5A).

Note 8   Footnote 261 in Part 4 of the spectrum plan applies to a mobile-satellite service operating at a frequency in the band mentioned in paragraph 6 (3) (b).

Note 9   For the frequency band mentioned in paragraph 6 (3) (f):

·

Footnote 351 in Part 4 of the spectrum plan provides that the frequency bands

1525–1544 MHz and 1545–1559 MHz must not be used for feeder links of any service, but that in exceptional circumstances an earth station at a specified fixed point in any of the mobile-satellite services may be authorised by an administration to communicate via space stations using those frequency bands.

·Footnote 353A in Part 4 of the spectrum plan applies to the use of the frequency band 1530–1544 MHz by a mobile-satellite service.

·Footnote 356 in Part 4 of the spectrum plan provides that the use of the frequency band 1544–1545 MHz by the mobile-satellite service (space-to-Earth) is limited to distress and safety communications.

Note 10   From 1 January 2003, the frequency band mentioned in paragraph 6 (3) (j) may only be used for mobile-satellite services (space-to-Earth) — see subsections 8 (2) and (3) of the Mobile-Satellite Service (2 GHz) Frequency Band Plan 2002.

Note 11   From 1 August 2004, the frequency band mentioned in paragraph 6 (3) (k) may only be used for mobile-satellite services (space-to-Earth) — see subsection 8 (3) of the Mobile-Satellite Service (2 GHz) Frequency Band Plan 2002.

Note 12   Footnote 150 in Part 4 of the spectrum plan applies to a radiocommunications service operating in the frequency band mentioned in paragraph 6 (3) (m).

[5]          After section 6

insert

6AStandards

If the device compliance day for a device to which this Class Licence applies is on or after the day on which the Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1) comes into force, the device must comply with any standard applicable to it as in force on that day.

Note 1   The ACA wishes to make it clear that if a standard mentioned in section 6A is amended or replaced by another standard after the device compliance day for a device to which this Class Licence applies, the device need not comply with the amended or new standard.

Note 2   Section 5 of the Act provides that standard means a standard made under section 162 of the Act.

[6]          Section 7

substitute

1. Interference with other communications    

This Class Licence authorises operation of a station only when its operation does not interfere with:

(a)the operation of a radiocommunications receiver; or

(b)the operation of a low power satellite emergency position-indicating radiobeacon station in the frequency band 406–406.1 MHz.

Note 1 Section 197 of the Act provides a penalty for knowingly or recklessly doing any act or thing likely to:

(a)interfere substantially with radiocommunications; or

(b)otherwise substantially disrupt or disturb radiocommunications.

Note 2   A radiocommunications device to which this Class Licence applies will not be afforded protection from the interference caused by other radiocommunications services.

[7]          Subsection 8 (1)

omit

radioastronomy observations by the Facility.

insert

radio astronomy observations by any of the following radio astronomy observatories:

(a)an observatory that is part of the Facility;

(b)the Canberra Deep Space Communications Complex;

(c)the Mt Pleasant Observatories.

[8]          Subsection 8 (2)

omit

that is part of the Facility

insert

mentioned in subsection (1)

[9]          Paragraph 8 (3) (b)

omit

the Facility

insert

each radio astronomy observatory mentioned in subsection (1)

[10]        Subsection 8 (4)

omit

that is part of the Facility,

insert

mentioned in subsection (1),

[11]        Subsection 8 (4), after note 2

insert

Note 3   On the day on which the Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1) comes into force, the Canberra Deep Space Communications Complex is situated at latitude 35° 23¢ 54² South, longitude 148° 58¢ 40² East.

Note 4   On the day on which the Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1) comes into force, the Mt Pleasant Observatories in Hobart are situated at latitude 42° 48¢ 12.9207² South, longitude 147° 26¢ 25.854² East.

[12]        After section 9

insert

1. Equipment performance standards for ship Earth terminals

This Class Licence authorises operation of a device that is a ship Earth terminal specified in Resolutions of the International Maritime Organisation (IMO) only on condition that the device complies with the relevant performance standard in the following table:

Station capable of two way communications	Installation date of equipment	IMO Resolution No.
ship Earth stations	on or after 23 November 1996	A.570(14) and A.808 (19)
Inmarsat-C ship Earth stations	on or after 23 November 1996	A.807 (19)
Inmarsat-C ship Earth stations	on or after 1 January 2000	MSC.68(68) Annex 4

Note   Some State legislation requires compliance with the standard ‘Maximum Exposure Levels – 100 kHz to 300 GHz (AS 2772 Part 1 Radio Frequency Radiation) 1990’ published by Standards Australia.

1. Qualified operator

This Class Licence authorises operation of a device that is an Inmarsat-A, Inmarsat-B or Inmarsat-C terminal only on the condition that the operator of the terminal must be a qualified operator.

1. Emergency and safety priorities for reception

This Class Licence authorises operation of a device that is an Inmarsat-A, Inmarsat-B or Inmarsat-C terminal only on the condition that priority is given to the reception of distress, urgency or safety messages over the reception of public correspondence.

Schedule 1          Qualifications

(subsection 3 (1), definition of qualified operator)

Item	Qualification
1	Restricted Radiotelephone Operators Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
2	3rd Class Commercial Operators Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
3	Marine Radio Operators Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
4	Marine Radio Operators VHF Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
5	Radiocommunications Operators General Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
6	First Class Commercial Operators Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
7	Second Class Commercial Operators Certificate of Proficiency with Marine Satellite Communications Certificate of Endorsement
8	GMDSS General Operators Certificate of Proficiency
9	GMDSS First Class Radio Electronic Certificate of Proficiency
10	GMDSS Second Class Radio Electronic Certificate of Proficiency

[13]        Further amendments

The following provisions are amended by omitting ‘licence’ and inserting ‘Class Licence’:

·section 1, heading

·sections 1 and 2

·subsections 4 (1) and (2)

·section 5

·subsection 6 (1)

·subsection 8 (1)

·section 9.