Notice of proposal to vary the Radiocommunications (Communication with Space Object) Class Licence 2015

Overview

The Radiocommunications Act 1992 was enacted to provide a regulatory framework for the use of radiocommunications in Australia, ensuring efficient and effective use of the radio spectrum while minimising interference. This Act was introduced to address the growing need for clear regulations governing the use of radio frequencies for various purposes, including communication with space objects. The Australian Parliament enacted this legislation to establish the Australian Communications and Media Authority (ACMA) and delegate it with the responsibility of managing the radio spectrum. The policy objective of the Act is to facilitate the use of radiocommunications while protecting public interest and safety. In accordance with the Act, the ACMA is currently proposing to vary the Radiocommunications (Communication with Space Object) Class Licence 2015 by introducing the Radiocommunications (Communication with Space Object) Class Licence Variation 2023 (No. 1), aiming to further refine and adapt the regulatory framework to meet the evolving needs of the industry and users of radiocommunications.

Scope and Application

The Radiocommunications Act 1992, as amended by the proposed draft variation, applies to entities operating earth stations and earth receive stations for the purpose of communicating with space objects within the Commonwealth of Australia. This Act imposes obligations on such entities to ensure that their operations comply with the terms of the Radiocommunications (Communication with Space Object) Class Licence 2015, which is now subject to modification through the proposed draft variation. The Act and the subsequent class licence variation are designed to streamline the licensing process for these entities by removing the need for individual or Australia-wide licences, provided that an appropriate space or space receive licence is active in the specified frequency bands. The draft variation introduces new frequency bands for earth stations and earth receive stations and includes provisions to protect incumbent licences within the new bands. The changes are subject to public consultation, with a deadline for submissions set for 20 September 2023. The geographic reach of this legislation is nationwide, applying to all entities operating within Australia’s jurisdiction. There are no explicit exclusions or exemptions mentioned in the notice, and the scope of the Act may be further defined or extended through subordinate instruments.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 (the Act) to propose variations to the Radiocommunications (Communication with Space Object) Class Licence 2015 (the CSO Class Licence). The proposed changes, encapsulated in the Radiocommunications (Communication with Space Object) Class Licence Variation 2023 (No. 1) (the draft Variation), aim to adjust the frequencies authorised for earth stations and earth receive stations involved in communication with space objects. Specifically, the draft Variation seeks to include the frequency band 1668-1675 MHz for earth stations and the frequency band 1518-1525 MHz for earth receive stations (section 132). Entities or individuals holding earth or earth receive stations licenses are required to ensure their operations align with the terms of the amended CSO Class Licence. The draft Variation also introduces provisions that restrict the operation of a station in the 1668-1675 MHz band to protect existing licences, ensuring a harmonious coexistence with incumbent licensees. These requirements underscore the need for careful compliance to avoid potential conflicts and to maintain the integrity of the radiocommunications spectrum. Failure to comply with the provisions of the Act and the amended CSO Class Licence may result in significant consequences. The Act delineates various offences that can lead to penalties, which may be civil or criminal in nature, depending on the severity and intent of the breach. Civil penalties can include fines, and in more serious cases, criminal penalties may apply, potentially involving imprisonment. The maximum penalties for breaches of the Act and the amended licence are detailed within the relevant sections of the legislation and can be substantial, reflecting the importance of adhering to the specified requirements. The ACMA is currently seeking public input on the draft Variation. Section 136 of the Act mandates that interested parties submit their representations regarding the proposed changes no later than 20 September 2023. These representations should be submitted in writing to the specified address or via email, providing an opportunity for stakeholders to voice their opinions and ensure that all relevant interests are considered in the final decision-making process.