Australian Communications and Media Authority (Low Interference Potential Devices in the Digital Dividend) Direction 2013

EXPLANATORY STATEMENT

Australian Communications and Media Authority Act 2005

Broadcasting Legislation Amendment (Digital Dividend) Act 2013

Australian Communications and Media Authority (Low Interference Potential Devices in the Digital Dividend) Direction 2013

Issued by the authority of the Minister for Broadband, Communications and the Digital Economy

Authority

Item 25, Schedule 1 to the Broadcasting Legislation Amendment (Digital Dividend) Act 2013 (Amendment Act) provides that the Minister for Broadband, Communications and the Digital Economy (the Minister) must direct the Australian Communications and Media Authority (ACMA) ‘to review and report on the provision of spectrum for low interference potential device class licences and provide a transition pathway for such licences by 30 July 2013’. 

Section 14 of the Australian Communications and Media Authority Act 2005 (ACMA Act) provides that the Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. 

Purpose

The purpose of this Direction is to direct the ACMA that it must, by 30 July 2013, review and report on the availability of spectrum for low interference potential devices (LIPDs) that will be operating after 31 December 2014 and provide a transition pathway in relation to those licences.

Background

Class licences

The Radiocommunications Act 1992 (Radcomms Act) generally requires that a radiocommunications licence be obtained by a user of a radiocommunications device within Australia. 

Under a class licence, all users of similar devices operate in the same spectrum segment on a shared basis and are subject to the same conditions.  A class licence governs the frequencies that may be used, commonly prescribes equipment standards, and may specify other technical and operational parameters.  Class licences do not have to be applied for, and no licence fees are payable.  

The ACMA ‘issues’ a class licence by publishing a notice in the Commonwealth Gazette and registering the class licence on the Federal Register of Legislative Instruments. 

Low interference potential devices

The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence) authorises the operation of a wide range of low-power radiocommunications devices in various segments of the radiofrequency spectrum.  Examples of equipment covered by the LIPD Class Licence include garage door openers, Bluetooth devices and wireless local area network devices. 

Also covered by the LIPD Class Licence are wireless audio transmitters, such as wireless microphones and in-ear monitoring systems used in public address systems and stage performance venues.  These devices are widely used by the entertainment industry, major event organisers, religious organisations and community groups.  The frequency bands currently available for use by wireless audio transmitters include those of the frequency band commonly known as the “digital dividend” (694–820 MHz). 

It is a condition of the LIPD Class Licence that the operation of a LIPD does not cause interference to other radiocommunications services (see paragraph 4(1)(b) of the LIPD Class Licence).  A LIPD used under the LIPD Class Licence will also not be afforded protection from interference caused by other radiocommunications devices under the licence.  In the event that interference does occur, it is the responsibility of the LIPD user to take measures to resolve that interference.

The Amendment Act

On 16 May 2013, the Amendment Act was passed by the Parliament.  The Amendment Act amends the Broadcasting Services Act 1992 and the Radcomms Act with respect to the datacasting licensing regime.  In particular, the 126 MHz of spectrum currently occupying the “digital dividend”, in the broadcasting service bands (BSBs), will be cleared of all existing services (by 31 December 2014).  The digital dividend auction commenced on 23 April 2013 and concluded on 7 May 2013.  Successful bidders wishing to commence services in particular geographic areas prior to the digital dividend spectrum being redesignated out of the BSBs may apply to the ACMA.  The ACMA will assess on a case-by-case basis any applications from incoming spectrum licensees seeking early access to the digital dividend spectrum.

Specifically in relation to this Direction, the Amendment Act requires the Minister to direct the ACMA to ‘review and report’ on the availability of spectrum for LIPDs and provide a ‘transition pathway’ for these licences.  This process was inserted to provide greater clarity for users of LIPDs regarding their future spectrum arrangements.

Transition pathway

As part of the transition pathway for LIPDs, the ACMA has amended the LIPD Class Licence:

• to exclude the digital dividend (694 to 820 MHz) as a band available for wireless audio transmitters after 31 December 2014;
• authorise use of digitally modulated wireless audio transmitters in the 520 to 694 MHz range; and
• authorise use of wireless audio transmitters in the 1790 to 1800 MHz range.

In addition to this amendment, it is anticipated that the ACMA will conduct awareness raising and education activities which will provide targeted and specific information to stakeholders including the provision of:

• fact sheets;
• direct mail-outs to suppliers;
• direct mail-outs to  industry groups;
• an enhanced ACMA internet portal; and
• other appropriate internet-based communications.

This Direction is a legislative instrument under the Legislative Instruments Act 2003 but it is not subject to disallowance: item 41 of the table in subsection 44(2) of that Act specifies that ministerial directions to any person or body are not subject to disallowance. 

Consultation

The ACMA has been consulted in relation to this Direction.  All comments suggested by the ACMA were considered and addressed, as appropriate.

Regulatory impact

The Office of Best Practice Regulation (the OBPR) has agreed that the regulatory changes arising from the instrument are minor or machinery in nature and that no further regulatory impact analysis is required.

Notes on Sections

Section 1 provides for the title of the Direction.   

Section 2 provides that the Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 defines the terms used in the Direction.

In particular, the term ‘affected members of the radiocommunications community’ has been defined to limit the operation of the Direction to LIPDs that are impacted by the digital dividend, that is, LIPDs that, at the date of commencement of the Direction, operate in the 694 to 820 MHz frequency band (lower limit exclusive, upper limit inclusive); and will, after 31 December 2014, no longer be permitted to operate in that band. 

Section 4 specifies the direction.