Commonwealth of Australia
Radiocommunications Act 1992
900 MHz Band Plan (Variation)1
I, anthony john shaw, Acting Spectrum Manager, acting on behalf of the Spectrum Management Agency, make the following Variation under subsection 34 (1) of the Radiocommunications Act 1992.
Dated 26 June 1997.
A J Shaw
Acting Spectrum Manager
____________
1. Amendment
1.1 The 900 MHz Band Plan2 is varied as set out in this Variation.
[Note: This variation commences on gazettal: see Acts Intepretation Act 1901, ss. 46A and 48.]
2. Schedule, Table 2 (Secondary services in the 820 - 960 MHz band)
2.1 Schedule, Table 2, item 6:
Omit the item, substitute:
“6 | 890 - 915 | Radiolocation, see Note 3 Fixed Service, see Note 5 | Australia Wide Australia Wide”. |
2.2 Schedule, Table 2, item 8:
Omit the item, substitute:
“8 | 928 - 935 | Radiolocation, see Note 3 | Australia Wide |
9 | 935 - 942 | Radiolocation, see Note 3 Fixed Service, see Note 5 | Australia Wide Australia Wide |
10 | 942 - 960 | Fixed Service, see Note 5 | Australia Wide”. |
[Note: The following note should be added after Table 2:
“5. Assignments for these services are normally limited to those operating digital cellular mobile telephone services. They will be made within the same bandwidth as the particular operator’s digital cellular mobile telephone service.”.]
3. Schedule, Figure 1 (900 MHz Band Plan Diagram)
3.1 Omit Figure 1, substitute:
figure 1: 900 mhz band plan diagram
Notes:
1. Acronyms have the following meanings:
acronym | meaning |
BR | base receive |
BT | base transmit |
CMTS | cellular mobile telephone service |
CTS | cordless telephone service |
DSRR | digital short range radio |
ISM | industrial, scientific and medical applications |
LMS(T) | land mobile service (trunked) |
SOB | sound outside broadcast link |
2. Services printed in capital letters are primary services, see Table 1.
3. Services printed in lower case are secondary services, see Table 2.
4. For circled notes, see Table 1.
5. For boxed notes, see Table 2.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 1997.
2. Statutory Rules 1992 No. 47 as amended by Statutory Rules 1993 No. 39. The 900 MHz Band Plan was made by the Parliamentary Secretary to the Minister of State for Transport and Communications under section 19 of the Radiocommunications Act 1983. It was continued in force by section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 as if it were a frequency band plan made under section 32 of the Radiocommunications Act 1992.
Overview
The Radiocommunications Act 1992 was enacted to provide a comprehensive framework for the regulation of radiocommunications in Australia, addressing the need for a modernised and efficient system that could accommodate the growing demand for radio spectrum resources. This Act was introduced by the Commonwealth Parliament to ensure that radiocommunications services are managed in a way that promotes competition, innovation, and the public interest. The Act allows for the creation of band plans which detail the allocation of specific frequency bands for various services. The 1992 Act was designed to fill the gap left by previous legislation that was unable to keep pace with technological advancements and the increasing complexity of radiocommunications needs.
The Commonwealth of Australia, through the Spectrum Management Agency, enacts variations to existing band plans to ensure the efficient and effective use of the radio spectrum. In this instance, the 900 MHz Band Plan (Variation) was introduced to adjust the allocation of frequencies within the 900 MHz band to better serve the needs of digital cellular mobile telephone services and other critical communications services. The policy objective of these variations is to maintain an optimal balance between the needs of various users of the radio spectrum and the efficient use of this finite resource, ensuring that Australia's communications infrastructure can support economic growth and public safety.
Scope and Application
The Radiocommunications Act 1992 applies to the regulation of radiocommunications in Australia, encompassing various entities such as businesses, government bodies, and individuals who engage in radiocommunication activities. This legislation governs the use of radio frequencies, ensuring efficient and effective use of the radio spectrum while preventing interference. The Act has a national jurisdictional reach, applicable across the Commonwealth of Australia. The Act allows for the variation of frequency band plans through subordinate instruments, such as the 900 MHz Band Plan (Variation), which specifies particular allocations and conditions for the use of the 900 MHz frequency band. This variation specifically addresses the allocation of radio frequencies for radiolocation and fixed services, with certain limitations and conditions for their operation. The variation also includes geographic reach limitations, applicable Australia-wide, and provides detailed specifications for the frequency bands through amendments to the Schedule, ensuring clarity and precision in frequency allocations and service applications.
Key Provisions
The key operative sections of the Radiocommunications (900 MHz Band Plan (Variation)) Instrument 1997 involve specific amendments to the 900 MHz Band Plan. According to section 1.1, the 900 MHz Band Plan is varied as detailed in this Variation. The primary changes are found in Schedule, Table 2, where specific items are omitted and substituted with new entries. These changes are set to take effect upon gazette publication (see Acts Interpretation Act 1901, ss. 46A and 48). The amendments specifically affect radiolocation and fixed service allocations within the 900 MHz band, which are detailed in section 2.2 of the Schedule. Moreover, Schedule, Figure 1 is replaced with a new diagram reflecting these changes, as described in section 3.1 of the Schedule.
The obligations and requirements imposed by this Act are primarily concerned with the allocation and use of the 900 MHz frequency band. The amended Table 2 in the Schedule now specifies that certain services, such as radiolocation and fixed services, are to be used within defined parameters. Notably, assignments for these services are typically restricted to operators providing digital cellular mobile telephone services, and these assignments must align with the bandwidth of the operator’s digital cellular mobile telephone service. This restriction ensures that the frequency band is used efficiently and in accordance with the needs of digital mobile services, which are critical for modern telecommunications infrastructure.
Failure to comply with the provisions of this Act may result in various consequences. While the specific offences, penalties, or consequences are not detailed in the text, it is common under Australian legislation for breaches of radiocommunications regulations to incur penalties. Typically, these could include fines, revocation of licenses, or other administrative actions. Given the importance of the 900 MHz band for mobile services, non-compliance could significantly disrupt communication services, leading to substantial penalties. It is important for parties governed by this Act to adhere strictly to the specified allocations and usage conditions to avoid such repercussions.