Commonwealth of Australia
Radiocommunications Act 1992
1.5 GHz Band Plan
I, CHRISTINE MARY GOODE, Spectrum Manager, acting for the Spectrum Management Agency under subsection 32 (1) of the Radiocommunications Act 1992, prepare the following frequency band plan.
Dated 2 December 1996.
CHRISTINE M. GOODE
Spectrum Manager
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Citation
1. This frequency band plan for the 1427-1535 MHz band may be cited as the 1.5 GHz Band Plan.
[NOTE: This frequency band plan commences on gazettal: see ss. 46A and 48 of the Acts Interpretation Act 1901.]
Interpretation
2. (1) In this frequency band plan, unless the contrary intention appears:
“1.5 GHz band” means the frequency band greater than 1427 MHz and not exceeding 1535 MHz;
“authorised service”, in relation to a part of the 1.5 GHz band specified in an item in column 2 of the Table to the Australian Radiofrequency Spectrum Plan, means a service specified in that item;
“frequency band” has the same meaning as in the Act;
“point to multipoint service” means a fixed service between a land station and 2 or more associated land stations;
“the Act” means the Radiocommunications Act 1992.
(2) Unless the contrary intention appears, if an expression used in this frequency band plan is defined in:
(a) the Act; or
(b) the Australian Radiofrequency Spectrum Plan; or
(c) the Radiocommunications Regulations;
the expression has the same meaning in this frequency band plan as in that Act, that Spectrum Plan or those Regulations, as the case requires.
Purpose of the 1.5 GHz band
3. Subject to clause 4, a frequency band that is part of the 1.5 GHz band may be used for the operation of each authorised service that relates to the frequency band.
Limitations on the use of the 1.5 GHz band
4. Subject to subclauses 10 (4), 10 (5) and 10 (6) of the Australian Radiofrequency Spectrum Plan, the limitations set out in Part 1 of the Schedule are placed on the use of frequency bands that are part of the 1.5 GHz band.
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SCHEDULE Clause 4
PART 1—LIMITATIONS ON THE USE OF FREQUENCY BANDS
IN THE 1.5 GHz BAND
Column 1 Item no. | Column 2 Frequency band | Column 3 Limitation |
1 | 1452 MHz-1492 MHz | A person must not operate a fixed service in the frequency band unless: (a) the person held a licence, on the day on which this frequency band plan commenced, authorising the person to operate the service in the frequency band; or (b) the service is a point to multipoint service operated on a frequency mentioned in Part 2 for the delivery of public telecommunications services in a rural or remote area. |
2 | 1452 MHz-1492 MHz | A person must not operate a mobile service in the frequency band unless the person held a licence, on the day on which this frequency band plan commenced, authorising the person to operate the service in the frequency band. |
3 | 1452 MHz-1492 MHz | A person must not operate a broadcasting service in the frequency band. |
4 | 1452 MHz-1492 MHz | A person must not operate a broadcasting-satellite service in the frequency band. |
SCHEDULE—continued
Column 1 Item no. | Column 2 Frequency band | Column 3 Limitation |
5 | 1525 MHz-1530 MHz | A person must not operate a fixed service in the frequency band unless: (a) the person held a licence, on the day on which this frequency band plan commenced, authorising the person to operate the service in the frequency band; or (b) the service is a point to multipoint service operated on a frequency mentioned in Part 2 for the delivery of public telecommunications services in a rural or remote area. |
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PART 2—PERMITTED POINT TO MULTIPOINT FREQUENCIES
1431.5 MHz 1453.5 MHz 1492 MHz 1514 MHz
1433.5 MHz 1455.5 MHz 1494 MHz 1516 MHz
1435.5 MHz 1457.5 MHz 1496 MHz 1518 MHz
1437.5 MHz 1459.5 MHz 1498 MHz 1520 MHz
1439.5 MHz 1461.5 MHz 1500 MHz 1522 MHz
1441.5 MHz 1463.5 MHz 1502 MHz 1524 MHz
1443.5 MHz 1465.5 MHz 1504 MHz 1526 MHz
1445.5 MHz 1467.5 MHz 1506 MHz 1528 MHz
1447.5 MHz 1469.5 MHz 1508 MHz 1530 MHz
1449.5 MHz 1471.5 MHz 1510 MHz 1532 MHz
1451.5 MHz 1473.5 MHz 1512 MHz 1534 MHz
Overview
The Radiocommunications Act 1992 was enacted to regulate the use of the radiocommunications spectrum in Australia, ensuring efficient and coordinated use of the radio spectrum. The Act was introduced to address the need for a comprehensive legal framework to manage the allocation and use of radio frequencies, which are a finite resource essential for various communications services. The Act was enacted by the Commonwealth Parliament of Australia, aiming to provide for the efficient use of the radiocommunications spectrum and to promote the development of radiocommunications services. The policy objective of the Act is to ensure that the radio spectrum is used in a manner that optimises its availability for all users, while preventing interference and promoting technological innovation. The legislative instrument in question, the 1.5 GHz Band Plan, is an example of the detailed regulations that can be developed under the Act to manage specific portions of the radio spectrum.
Scope and Application
The 1.5 GHz Band Plan, prepared by the Spectrum Manager under the Radiocommunications Act 1992, applies to the frequency band greater than 1427 MHz and not exceeding 1535 MHz, with specific limitations on its use. This plan is intended for entities and persons wishing to operate certain authorised services within the specified band, ensuring that these operations adhere to the constraints outlined. The legislation applies on a national level as it is a Commonwealth Act, thereby encompassing all states and territories within Australia. However, it is crucial to note that there are certain exclusions and exemptions, particularly in relation to the operation of fixed, mobile, broadcasting, and broadcasting-satellite services within the 1452 MHz to 1492 MHz and 1525 MHz to 1530 MHz sub-bands, unless specific conditions are met, such as holding a relevant licence or operating a point-to-multipoint service for public telecommunications in rural or remote areas. The application of the Act can be extended or restricted through subordinate instruments, ensuring flexibility and responsiveness to changing operational needs and regulatory requirements.
Key Provisions
The 1.5 GHz Band Plan, which is a legislative instrument under the Radiocommunications Act 1992, outlines the specific frequency band usage for the 1.5 GHz spectrum. The plan specifies that the 1.5 GHz band, which ranges from 1427 MHz to 1535 MHz, can be used for authorised services that are detailed in the Australian Radiofrequency Spectrum Plan. These services include fixed, mobile, point-to-multipoint, and broadcasting services, but the use of these services is subject to certain limitations as outlined in the Schedule of the Plan. The limitations include restrictions on the operation of fixed and mobile services in the 1452-1492 MHz band unless a person held a licence authorising the operation of such services on the commencement day of this frequency band plan. Additionally, broadcasting and broadcasting-satellite services are prohibited in the 1452-1492 MHz band.
Entities and individuals subject to the 1.5 GHz Band Plan must adhere to the specified limitations on the use of the frequency bands. For instance, fixed and mobile services within the 1452-1492 MHz band can only be operated by persons who held a licence on the commencement day of this plan, or by those operating point-to-multipoint services for the delivery of public telecommunications services in rural or remote areas. Broadcasting and broadcasting-satellite services are outright prohibited in the 1452-1492 MHz band. Compliance with these regulations is essential to avoid legal repercussions.
Failure to comply with the provisions of the 1.5 GHz Band Plan may result in legal consequences. Although the document does not explicitly detail penalties, breaches of the Radiocommunications Act 1992, under which this plan is enacted, can result in significant penalties. For example, unauthorised operation of radiocommunications equipment can attract substantial fines, and repeat offenders may face even higher penalties. Additionally, entities may be subject to enforcement actions, including the suspension or revocation of licences. It is important for entities to ensure strict adherence to the specified limitations to avoid any potential legal or financial repercussions.