Commonwealth of Australia
AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Radiocommunications Act 1992
Notice under subsection 136(2) of the Radiocommunications Act 1992
NOTICE OF PROPOSED REVOCATION OF RADIOCOMMUNICATIONS (CORDLESS COMMUNICATIONS DEVICES) CLASS LICENCE 2014
Notice is given under subsection 136(2) of the Radiocommunications Act 1992 (the Act) that the Australian Communications and Media Authority (the ACMA) proposes to revoke the Radiocommunications (Cordless Communications Devices) Class Licence 2014 (the Cordless Devices Class Licence), which is available, free of charge, on the Federal Register of Legislation (www.legislation.gov.au).
Proposed changes
The Cordless Devices Class Licence authorises the operation of cordless communication devices such as those using technology known as Digital Enhanced Cordless Telecommunications (DECT) and imposes conditions relating to operational requirements and technical parameters.
The Legislation Act 2003 (LA) provides for a regime for the automatic repeal of certain legislative instruments approximately 10 years after they are registered on the Federal Register of Legislation. This process is referred to as sunsetting. To preserve the effect of an instrument it will need to be remade prior to the sunset date. The purpose of sunsetting is to ensure that legislative instruments are kept up-to-date and only remain in force as long as they are needed (see section 49 of the LA).
The Cordless Devices Class Licence will sunset on 1 April 2025, unless revoked and remade before that date.
The ACMA is proposing to revoke the Cordless Devices Class Licence and remake it so that its on-going effect is preserved. However, the following changes are proposed:
The removal of the 857-865 MHz frequency range from the Cordless Devices Class Licence:
- In November 2015, the ACMA released The ACMA’s long-term strategy for the 803-960 MHz band, which outlined a plan to clear existing services from the frequency ranges 809–825 MHz and 854–870 MHz to facilitate deployment of wireless broadband services. This included removing arrangements for the cordless telephone service (CTS) in 857-865 MHz.
- The then Minister for Communications, Cyber Safety and the Arts made the Radiocommunications (Spectrum Re‑allocation—850/900 MHz Band) Declaration 2020. An auction to allocate spectrum licences in the 850/900 MHz band was held in 2021, including 859-870 MHz. These spectrum licences commence on 1 July 2024. Therefore, the class licensing of cordless communications devices in the 857-865 MHz should cease by 1 July 2024.
The removal of authorisation of personal handy phone system (PHS) devices, which have become obsolete.
This notice informs interested parties that the ACMA intends to revoke the Cordless Devices Class Licence and remake it substantially as is, subject to those changes identified above. Those changes may make the use of some devices unlawful.
Comments
Under section 136 of the Act, the ACMA is inviting representations about the proposal to revoke the Cordless Devices Class Licence.
The Cordless Devices Class Licence is available at https://www.legislation.gov.au/F2014L01800/latest/text.
The proposed new instrument and associated consultation paper are available on the ACMA’s website at : https://www.acma.gov.au/consultations/2024-04/remaking-radiocommunications-cordless-communications-devices-class-licence-2014
Interested persons are invited to make representations about the proposed revocation no later than 13 May 2024. Representations should be in writing and should be addressed to:
The Manager
Spectrum Planning Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
or by email to: freqplan@acma.gov.au
Copies of the Cordless Devices Class Licence, proposed new instrument and associated consultation paper may be obtained from the ACMA’s Canberra Office using the above contact details.
Overview
The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 136(2) of the Radiocommunications Act 1992, proposing to revoke the Radiocommunications (Cordless Communications Devices) Class Licence 2014. This licence, which is available free of charge on the Federal Register of Legislation, currently authorises the operation of cordless communication devices such as those using DECT technology, while imposing conditions related to operational requirements and technical parameters. The ACMA’s proposal comes as the Cordless Devices Class Licence is set to sunset on 1 April 2025, in line with the sunsetting regime outlined in the Legislation Act 2003. To ensure the continued effect of this licence, the ACMA proposes to revoke and remake it, subject to two key changes. Firstly, the 857-865 MHz frequency range will be removed from the Cordless Devices Class Licence, following the reallocation of spectrum in this range for wireless broadband services. Secondly, authorisation for personal handy phone system (PHS) devices will be removed due to their obsolescence. The ACMA invites interested parties to make representations on the proposed revocation by 13 May 2024, either in writing or via email to the Spectrum Planning Section.
Scope and Application
The Radiocommunications Act 1992 applies to the regulation of radiocommunications within Australia, including the authorisation and licensing of radiocommunication devices and services. Specifically, the Act governs the Radiocommunications (Cordless Communications Devices) Class Licence 2014, which permits the use of cordless communication devices such as those employing Digital Enhanced Cordless Telecommunications (DECT) technology. This Act applies to any person or entity operating cordless communication devices in Australia, including businesses and individuals, and encompasses the operational requirements and technical parameters of such devices. The geographic reach of this Act is nationwide, covering the entire Commonwealth of Australia. The Act allows for the automatic repeal of certain legislative instruments, a process known as sunsetting, which applies to the Cordless Devices Class Licence, set to sunset on 1 April 2025 unless revoked and remade beforehand. The proposed revocation includes the removal of the 857-865 MHz frequency range from the Cordless Devices Class Licence, effective from 1 July 2024, and the cessation of authorisation for personal handy phone system (PHS) devices due to their obsolescence. The Australian Communications and Media Authority (ACMA) is inviting representations from interested parties regarding these proposed changes.
Key Provisions
The Radiocommunications Act 1992 (section 136(2)) mandates that the Australian Communications and Media Authority (ACMA) must provide notice of its intention to revoke the Radiocommunications (Cordless Communications Devices) Class Licence 2014 (Cordless Devices Class Licence). This notice informs the public that the Cordless Devices Class Licence, which authorises the operation of cordless communication devices such as those using Digital Enhanced Cordless Telecommunications (DECT) technology, will be revoked and remade to preserve its effect. The Cordless Devices Class Licence, available on the Federal Register of Legislation, includes operational requirements and technical parameters for the devices it covers. The proposed revocation aims to align the Cordless Devices Class Licence with the current legislative requirements, particularly in light of the sunsetting provisions outlined in the Legislation Act 2003, which requires legislative instruments to be remade approximately 10 years after their registration to ensure they remain current and necessary.
The ACMA's proposal includes significant changes to the Cordless Devices Class Licence to ensure its ongoing relevance and effectiveness. Firstly, the 857-865 MHz frequency range will be removed from the Cordless Devices Class Licence. This change follows the ACMA's long-term strategy for the 803-960 MHz band, which aims to clear existing services from certain frequency ranges to facilitate the deployment of wireless broadband services. The removal of the 857-865 MHz frequency range aligns with the Radiocommunications (Spectrum Re-allocation—850/900 MHz Band) Declaration 2020 and the spectrum licences that were auctioned in 2021, which commence on 1 July 2024. Secondly, the authorisation of personal handy phone system (PHS) devices will be removed, as these devices have become obsolete. These changes are necessary to ensure the Cordless Devices Class Licence remains aligned with current technological advancements and regulatory requirements.
The ACMA imposes several obligations on the parties and entities governed by the Cordless Devices Class Licence. These include ensuring that any cordless communication devices operated under the licence comply with the specified operational requirements and technical parameters. The ACMA also requires entities to adhere to any conditions set forth in the Cordless Devices Class Licence, such as frequency usage, power limits, and other technical specifications. Furthermore, the ACMA mandates that any changes to the devices or their operation must be reported and approved by the ACMA before implementation. Failure to comply with these obligations could result in the cessation of the licence and potential legal consequences.
There are potential civil and criminal consequences for non-compliance with the Radiocommunications Act 1992 and the Cordless Devices Class Licence. The maximum penalties for breaches of the Act include substantial fines, with the exact amount depending on the nature and severity of the breach. For instance, section 141 of the Act outlines that individuals or entities found in breach of the Act may be subject to pecuniary penalties up to $1,100,000 for corporations and $110,000 for individuals, in addition to other potential criminal penalties. Furthermore, ongoing non-compliance or repeated offences could lead to more severe consequences, including the revocation of the Cordless Devices Class Licence and potential legal action against the offending party. It is therefore crucial for all entities operating under the Cordless Devices Class Licence to adhere strictly to the requirements and conditions set forth by the ACMA.