900 MHz Band Plan Variation 1999 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00372 Not in force Legislative Instrument

Legislation content

900 MHz Band Plan Variation 1999 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this band plan variation under subsection 34 (1) of the Radiocommunications Act 1992.

Dated  15 July 1999.

A.J SHAW

Chairman

 

R HORTON

Deputy Chairman

Australian Communications Authority

 

900 MHz Band Plan Variation 1999 (No. 1)

made under the

Radiocommunications Act 1992

 

 

 

Contents

 Page

 1 Name of band plan variation 

 2 Commencement 

 3 Variation of 900 MHz Band Plan 

Schedule 1 Variations

 

 

Do not delete : Part placeholder

Do not delete : Division placeholder

1 Name of band plan variation

  This band plan variation is the 900 MHz Band Plan Variation 1999 (No. 1).

2 Commencement

  This band plan variation commences on gazettal.

3 Variation of 900 MHz Band Plan

  Schedule 1 varies the 900 MHz Band Plan.1

Note   The 900 MHz Band Plan was made under s 19 of the Radiocommunications Act 1983.  Section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 provides that a band plan made under the 1983 Act continues in force as if made under the Radiocommunications Act 1992.

Schedule 1 Variations

Do not delete : Schedule Part placeholder

(clause 3)

[1] Clause 1

substitute

1 Name of band plan

  This band plan is the Radiocommunications 900 MHz Band Plan 1992.

[2] Clause 2, note 2.8

omit

[3] Subclause 3 (1)

substitute

 (1) An expression used in this band plan that is not defined in subclause (2) has the meaning given in the first-mentioned of the following instruments, in which the expression is defined for the purposes of the instrument:

 (a) Radiocommunications Act 1992;

 (b) Australian Radiofrequency Spectrum Plan as in force from time to time;

 (c) Radiocommunications (Definitions) Determination No. 2 of 1993 as in force from time to time;

 (d) Radiocommunications Regulations 1993.

Note   A reference to an Act or to regulations, as in para (a) and (d) above, is taken to be a reference to the Act or regulations as in force from time to time: see s 10 of the Acts Interpretation Act 1901.

[4] Subclause 3 (2), after definition of AMPS

insert

authorised means authorised by the ACA.

[5] Subclause 3 (2), definitions of Band Plan and cordless telephone service

omit

[6] Subclause 3 (2), definition of digital cellular mobile telephone service

omit

Radiocommunications (Licensing and General) Regulations

insert

Radiocommunications (Definitions) Determination No. 2 of 1993

[7] Subclause 3 (2), definitions of primary service and secondary service

substitute

primary service has the meaning given in Part 1 of the Australian Radiofrequency Spectrum Plan.

secondary service has the meaning given in Part 1 of the Australian Radiofrequency Spectrum Plan.

[8] Subclause 3 (3)

omit

[9] Clause 4

omit

Part 4 of the Radiocommunications—Australian Spectrum Plan,

insert

Part 1 of the Australian Radiofrequency Spectrum Plan,

[10] Subclause 5 (1)

omit

Part 4 of the Radiocommunications—Australian Spectrum Plan,

insert

Part 1 of the Australian Radiofrequency Spectrum Plan,

[11] Subclause 7 (1)

omit

the Band Plan.

insert

this Band Plan.

[12] Clause 8

omit

[13] Subclause 9 (2)

omit

the Band Plan

insert

this Band Plan

[14] Schedule, Table 1

An item mentioned in the following table is amended as indicated in the table:

 

Item

omit from column 3

insert

2

see Note 3

see Notes 3 and 13

3

see Note 3

see Notes 3 and 14

4

see Note 3

see Notes 3 and 14

5

see Note 3

see Notes 3 and 13

14

see Note 3

see Notes 3 and 13

15

see Note 3

see Notes 3 and 14

16

see Note 3

see Notes 3 and 14

17

see Note 3

see Notes 3 and 13

[15] Schedule, Table 1, note 3

substitute

3.   Equipment used in this service must comply with relevant ACA technical standards.  The equipment may also be authorised for an additional telecommunications service in this segment.  If so, the allocation commencement date of the additional service is the date specified in Table 3 for a service allocation of the same kind as the additional service.

[16] Schedule, Table 1, note 4

omit

Allocation cessation dates apply; see Table 4.

[17] Schedule, Table 1, after note 12

insert

13.   This service is affected by Spectrum Re-allocation Declaration No. 1 of 1997, which sets out a re-allocation period ending on 21 July 1999.

14.   This service is affected by Spectrum Re-allocation Declaration No. 2 of 1997, which, for certain areas, sets out a reallocation period ending on 31 December 1999.

[18] Schedule, Table 2, item 1, column 3

after

(base receive)

insert

, see Note 6

[19] Schedule, Table 2, item 5, column 3

after

(base transmit)

insert

, see Note 6

[20] Schedule, Table 2, note 2

omit

Allocation cessation dates apply; see Table 4.

[21] Schedule, Table 2, after note 5

insert

6.   This service is subject to Spectrum Re-allocation Declaration No. 1 of 1997, which sets out a re-allocation period ending on 21 July 1999.

[22] Schedule, Table 4

omit

[23] Schedule, Figure 1, after note 5

insert

6.   Spectrum Re-allocation Declaration No. 1 of 1997 sets out a re-allocation period ending on 21 July 1999 for the following frequency bands:

 (a) 825 MHz to 830 MHz;

 (b) 835 MHz to 845 MHz;

 (c) 870 MHz to 875 MHz;

 (d) 880 MHz to 880 MHz.

7.   Spectrum Re-allocation Declaration No. 2 of 1997 applies to certain areas, and sets out a re-allocation period ending on 31 December 1999 for the following frequency bands:

 (a) 830 MHz to 835 MHz;

 (b) 875 MHz to 880 MHz.

Note

1. Statutory Rules 1992 No. 47 notified in the Commonwealth of Australia Gazette on 28 February 1992, as amended by:

(a) 900 MHz Band Plan (Amendment), Statutory Rules 1993 No. 39, notified in the Commonwealth of Australia Gazette on 12 March 1993; and

(b) 900 MHz Band Plan (Variation), notified in the Commonwealth of Australia Gazette on 27 June 1997.

 

Overview

The 900 MHz Band Plan Variation 1999 (No. 1) was introduced under the Radiocommunications Act 1992 by the Australian Communications Authority. This variation was made to update and refine the allocation of radio frequencies within the 900 MHz band, specifically addressing the management and regulation of radio spectrum resources in Australia. The objective of this variation is to ensure that the radiocommunications sector can operate efficiently and effectively, which is essential for the growth of telecommunications services. The Authority, established under the Radiocommunications Act 1992, has the mandate to implement such variations to maintain and improve the national radiocommunications system. This band plan variation is effective from the date of its gazettal, marking a legislative update to the existing 900 MHz Band Plan.

Scope and Application

The 900 MHz Band Plan Variation 1999 (No. 1) is a legislative instrument made under the Radiocommunications Act 1992, applying to the variations of the 900 MHz Band Plan, which was initially established under the Radiocommunications Act 1983. This variation is applicable to the Commonwealth of Australia and encompasses entities and persons involved in radiocommunications within the specified frequency band, particularly those operating under the 900 MHz band. It affects various services such as primary and secondary services, including digital cellular mobile telephone services, and sets out specific technical standards and compliance requirements as mandated by the Australian Communications Authority (ACA). The variation includes detailed amendments to the Band Plan, addressing allocation cessation dates, spectrum re-allocation declarations, and specific technical standards for equipment used in these services. This legislative instrument extends its application through subordinate instruments, ensuring that the changes are implemented effectively across relevant industries and services.

Key Provisions

The 900 MHz Band Plan Variation 1999 (No. 1), made under the Radiocommunications Act 1992, brings specific amendments to the 900 MHz Band Plan, which originally was made under the Radiocommunications Act 1983 and continued in force as if made under the 1992 Act. The key sections of this variation pertain to the substitution, omission, and amendment of certain clauses and definitions within the original Band Plan. For instance, Clause 1 (3) substitutes certain references and definitions, Clause 2, note 2.8 is omitted, and Clause 3(2) introduces a new definition for "authorised" in the context of the ACA. These changes aim to update and clarify the terms and regulatory framework governing the 900 MHz spectrum. The obligations and requirements imposed by this variation are primarily aimed at ensuring compliance with the updated definitions and references within the 900 MHz Band Plan. Entities and parties governed by this Act must ensure that their equipment and services comply with the new standards and definitions provided. For instance, equipment used in specified services must adhere to relevant ACA technical standards, and the cessation dates for certain allocations must be observed as per the new notes and tables introduced in the variation. Additionally, the variation affects services subject to the Spectrum Re-allocation Declaration No. 1 and No. 2 of 1997, necessitating adherence to the specified re-allocation periods. Breach of the provisions outlined in the 900 MHz Band Plan Variation 1999 (No. 1) may result in various civil and criminal consequences. Although the specific penalties are not detailed in the provided excerpt, violations of the Radiocommunications Act 1992 typically incur penalties that can include fines, cessation of operations, or legal action. The penalties may vary depending on the severity and nature of the breach, and the Australian Communications Authority (ACA) has the authority to enforce compliance and take appropriate actions against non-compliant entities.

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