AUSTRALIAN COMMUNICATIONS AUTHORITY
DECLARATION OF PROHIBITED CUSTOMER EQUIPMENT MOBILE PHONE BOOSTER AMPLIFIERS FOR GLOBAL SYSTEM FOR MOBILES (“GSM”) AND CODE DIVISION MULTIPLE ACCESS (“CDMA”) MOBILE TELECOMMUNICATIONS SERVICES
The Australian Communications Authority (“the Authority”) declares that the operation or supply, or possession for the purpose of operation or supply, of mobile phone booster amplifiers designed to operate in the frequency bands used by GSM and CDMA services and that do not comply with the applicable standards made under Section 376 of the Telecommunications Act 1997 (“the Act”) is prohibited.
This declaration does not apply to possession of mobile phone booster amplifiers:
- that are imported into or manufactured within Australia for the purpose of verifying whether the item complies with applicable standards made under section 376 of the Act; and
- that are manufactured or imported solely to be exported.
The Authority makes this declaration under section 450 of the Act.
Dated 9 May 2001
A.J. SHAW
Chair
R. HORTON
Deputy Chair
Australian Communications Authority
REASONS FOR DECLARATION
The declaration will prohibit the operation or supply, or possession for the purpose of operation or supply, of non compliant examples of the device commonly known as a mobile phone booster amplifier. The prohibition will not apply to mobile phone booster amplifiers that are imported into Australia for the purpose of verifying whether the device complies with applicable standards made under section 376 of the Act or boosters manufactured or imported solely for export.
The Authority has made this decision after seeking public comment about the matter as required under section 451 of the Act.
The Authority has decided to make this declaration for the following reasons:
- whilst there is scope for the use of compliant devices which boost the signals of both GSM and CDMA mobile telecommunications services, non-compliant mobile phone booster amplifiers would be likely to substantially interfere with, or disrupt or disturb, public mobile telephone services and have serious adverse consequences for public mobile telephone users by:
— having an adverse effect on the integrity of the mobile telecommunications network;
— jeopardising the quality and coverage of legitimate carrier services;
— impeding access to emergency services; and
— causing inconvenience to, or loss of business for, mobile telephone users.
- the operation of these devices is also a breach of licensing conditions for devices operating in the GSM and CDMA bands under the Radiocommunications Act 1992 (the Radiocommunications Act). These devices could not be licensed under normal circumstances. Operation, or possession for the purpose of operation, of a radiocommunications device without an appropriate licence is an offence under sections 46 and 47 of the Radiocommunications Act;
- use of a non-compliant and unlicensed mobile phone booster amplifier may be an offence under section 194 of the Radiocommunications Act (interference likely to endanger safety or cause loss or damage) and section 197 of the Radiocommunications Act (knowingly or recklessly doing a thing likely to interfere substantially with radiocommunications); and
- it is unfair to consumers to allow the sale of mobile telephone booster devices when their operation is not permitted under any circumstances. It is equitable, efficient and effective to focus regulatory attention on the sellers and suppliers of mobile telephone booster devices, while continuing to target individual users if the need arises.
Overview
The Australian Communications Authority has issued a declaration under section 450 of the Telecommunications Act 1997, prohibiting the operation or supply of mobile phone booster amplifiers for GSM and CDMA mobile telecommunications services that do not comply with the applicable standards. This legislative instrument, numbered F2005B00103, was enacted in 2001 to address the potential interference and disruption that non-compliant mobile phone booster amplifiers could cause to public mobile telephone services. The Authority made this declaration after seeking public comment, as required under section 451 of the Act. The policy objective of this legislation is to maintain the integrity of the mobile telecommunications network, ensure the quality and coverage of legitimate carrier services, safeguard access to emergency services, and prevent inconvenience or loss of business for mobile telephone users, while ensuring that the regulation targets sellers and suppliers of these devices rather than individual users.
Scope and Application
The Australian Communications Authority Declaration of Prohibited Customer Equipment Mobile Phone Booster Amplifiers for Global System for Mobiles ("GSM") and Code Division Multiple Access ("CDMA") Mobile Telecommunications Services, made under section 450 of the Telecommunications Act 1997, applies to the operation, supply, or possession for the purpose of operation or supply of mobile phone booster amplifiers designed for GSM and CDMA services that do not comply with the applicable standards. This legislation ensures that such non-compliant devices are prohibited in Australia to prevent interference with public mobile telephone services, maintain network integrity, and uphold the quality of legitimate carrier services. The declaration does not apply to the importation or manufacture of these devices for the purpose of verifying compliance with the applicable standards or for export purposes. The geographic reach of this Act is national, as it applies across Australia and pertains to entities and individuals involved in the operation or supply of these devices. The Act extends its application through subordinate instruments as necessary to enforce the prohibition and manage compliance.
Key Provisions
The main operative sections of the legislation (section 450) declare that the operation, supply, or possession for the purpose of operation or supply of mobile phone booster amplifiers designed for GSM and CDMA services, which do not comply with the applicable standards under section 376 of the Telecommunications Act 1997, is prohibited. This prohibition does not apply to mobile phone booster amplifiers that are imported or manufactured within Australia for the purpose of verifying compliance with these standards or those that are manufactured or imported solely for export. The Authority makes this declaration to prevent the adverse effects on mobile telecommunications networks, quality of service, emergency services, and user experience caused by non-compliant devices.
The obligations imposed by this Act on the parties or entities it governs include ensuring that any mobile phone booster amplifiers used, supplied, or possessed are compliant with the standards set under section 376 of the Telecommunications Act 1997. Suppliers and sellers of these devices must ensure that their products meet the required standards before they are made available in the market. Additionally, the Act places the responsibility on consumers to verify that any devices they intend to use are compliant with the standards, thereby preventing potential interference with public mobile telephone services.
Any breaches of the provisions outlined in this declaration may result in civil or criminal consequences. Specifically, the operation of non-compliant mobile phone booster amplifiers is a breach of licensing conditions under the Radiocommunications Act 1992, constituting an offence under sections 46 and 47 of that Act. Furthermore, the use of such devices may lead to offences under sections 194 and 197 of the Radiocommunications Act, which deal with interference likely to endanger safety or cause loss or damage, and knowingly or recklessly interfering substantially with radiocommunications. The penalties for these offences are not specified in the declaration, but they can be severe, reflecting the seriousness of the potential disruptions to public mobile telephone services.