Radiocommunications (Licensing and General) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 3581

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Radiocommunications (Licensing and General) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Radiocommunications Act 1983.

Dated 29 November 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

W. SNOWDON

Parliamentary Secretary to the Minister of State for Transport and Communications

for and on behalf of the

Minister of State for Transport and Communications

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1. Commencement

1.1 These Regulations commence on 1 December 1990.

2. Amendment

2.1 The Radiocommunications (Licensing and General) Regulations are amended as set out in these Regulations.

3. Regulation 2 (Interpretation)

3.1 Subregulation 2 (1) (definition of “AUSSAT receive-only station”):

Omit. “22,”, substitute “22, 22a,”.

3.2 Subregulation 2 (1) (definition of “cordless telephone”):

Omit the definition.

3.3 Subregulation 2 (1) (definition of “base station”):

Omit the definition, substitute:

 

“ ‘base station’ means:

(a) a land station in the land mobile service established for communication with mobile stations in that service; or

(b) a land station other than a land station (data communications) established for the purpose of communicating with 2 or more land stations (data communications);

and does not include an earth station;”.

3.4 Subregulation 2 (1) definition of “coast station”):

After “on land” insert “(other than an earth station)”.

3.5 Subregulation 2 (1) (definition of “earth station”):

Omit “located on the surface of the earth or within the major portion of the earth’s atmosphere that is established”, substitute “located at a fixed point on the surface of the earth that is used”.

3.6 Subregulation 2 (1) (definition of “exterior paging service”):

Omit the definition, substitute:

“ ‘exterior paging service’ means a radiocommunications service consisting of:

(a) a single transmitter:

(i) using the 148 to 150 MHz band, other than a transmitter operating as part of a network; or

(ii) referred to in subparagraph (i) used in conjunction with 1 or more than 1 exterior paging station of a kind referred to in item 31 or 32 of Schedule 1; and

(b) at least 1 receiver;

and does not include an interior paging service of the kind referred to in item 55 of Schedule 1;”.

3.7 Subregulation 2 (1) (definition of “outpost service”):

Omit the definition, substitute:

“ ‘outpost service’ means a radiocommunications service:

(a) established for the purposes of participation in the education program known as School of the Air; or

(b) established:

(i) to provide radiocommunications for communities in remote localities in which the telecommunications service of subscriber trunk dialling is not provided; and

(ii) in the case of a radiocommunications service established in a locality in which the telecommunications service of a manual trunk telephone exchange is provided—to provide for radiocommunications in case of an emergency that involves:

(a) prejudice to the security or defence of Australia; or

(b) a serious threat to the environment; or

(c) risk of death of, or injury to, persons or risk of substantial loss of, or damage to, property;”.

3.8 Subregulation 2 (1):

Insert the following definitions:

“ ‘cellular mobile telephone service’ means a radiocommunications service consisting of:

(a) 1 or more handsets; and

(b) 2 or more base stations forming part of a public mobile telephone service where the area served by each base station (in this definition called a ‘cell’) is restricted; and

(c) 1 or more stations (in this definition called ‘mobile switching centres’) which:

(i) are able to communicate by means of radiocommunications with; or

(ii) are connected by a line to;

2 or more base stations and a public switched telephone network;

being a service where:

(d) the operator of a handset may communicate with another user of the public switched telephone network by means of radio signals between the handset and a base station; and

(e) as the operator of the handset moves from the cell of 1 base station into the cell of an adjoining base station—a mobile switching centre redirects the signals from the handset so that the signals that would otherwise have been channelled through the first-mentioned base station are channelled through the adjoining base station;

‘line’ has the same meaning as in the Telecommunications Act 1989”;.’

4. Regulation 6 (Prescribed classes of transmitters)

4.1 Paragraph (a):

Omit “306”, substitute “306, 309”.

5. New regulation 22

5.1 After regulation 21 insert:

Service of notices

“22. For the purposes of section 88 of the Act, a notice under a provision of the Act may be served by telex or facsimile transmission to the telex or facsimile receiver last known to the person sending the transmission as being the receiver at which the addressee receives telex or facsimile transmissions, as the case may be, and, in the absence of evidence to the contrary, is taken to have been served at the time the transmission is received at that receiver.”.

6. Schedule 1 (Specified expressions in relation to transmitters)

6.1 Item 1:

After “mobile service” in column 3 add “and does not include an earth station”.

 

6.2 New item 20a: After item 20 insert:
“20a		Cordless telephone system service	A radiocommunications service consisting  of: (a) a base station, not forming part of a cellular mobile telephone service, connected by a line to a public switched telephone network; and (b) 1 or more handsets: (i) operated: (A) by persons in a public place; or (B) in conjunction with a PABX for business purposes; and (ii) not connected by a line to a base station; and (iii) by means of which communication may be made through the base station with other users of the public switched telephone network by the transmission of radio signals between the handset and the base station.”.
6.3 New item 32a: After item 32 insert:
“32a Exterior paging service (weather information)			An exterior paging service that: (a) is used for the purpose of transmission of weather information and weather warnings; and (b) is operated in conjunction with a marine rescue station by the licensee of that marine rescue station.”.
6.4 Item 57, column 3: Omit paragraph (a), substitute:
“(a) that operates in association with any number of mobile stations; and”.
6.5 Item 58, column 3: Omit paragraph (a), substitute:
“(a) that operates in association with any number of mobile stations; and”.
6.6 Item 60: Omit the item, substitute:
“60	Land mobile service (supplementary transmitter)		A station that includes a transmitter: (a) that is used in conjunction with a land mobile service; and

 

(b)that operates on the same frequency and in the same service area as that service.
60aLand station (data communications)		A land station that: (a) is established primarily for the purposes of data communications with 1 or more land stations; and (b) operates in any of the following frequency bands: (i) 410.55 MHz to 411.55 MHz; or (ii) 451.5 MHz to 452.5 MHz; or (iii) 853.5 MHz to 854 MHz.”.
6.7 Item 75: Omit the item, substitute:
“75	Repeater station	A station established at a fixed location for the reception of radio signals from: (a) amateur stations; or (b) citizen band radio stations; or (c) ship stations; and for the automatic retransmission of those signals by radio.”.

7. Schedule 2 (Fee for examination for purposes of section 12 of the Act)

7.1 Omit the Schedule, substitute:

SCHEDULE 2Regulation 4

FEE FOR EXAMINATION FOR THE PURPOSES OF SECTION 12 OF THE ACT

Column 1	Column 2	Column 3
Item No.	Standard	Fee
1	241	2,100
2	244	700
3	250	560
4	274	1,400
5	302	1,050
6	306	700
7	312	700
8	313	1,820
9	315	420
10	316	700

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1990.

2. Statutory Rules 1985 No. 195 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 353 and see also