Notice of Proposed Variation of Radiocommunications (Low Interference Potential Devices) Class Licence 2000 27/4/2014

Overview

The Radiocommunications Act 1992 was enacted to establish a legislative framework for the regulation of radiocommunications in Australia, aiming to address issues such as spectrum allocation, licensing, and interference management. The Australian Communications and Media Authority (ACMA) was established under this Act and is responsible for the administration and enforcement of its provisions. The Act's policy objective is to ensure the efficient use of the radiofrequency spectrum while facilitating the growth of communications services and protecting public interest. The ACMA has proposed variations to the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 to modernise the regulatory framework governing low power radiocommunications devices. This includes updating and clarifying arrangements for wireless microphones and other transmitters operating in the broadcasting services bands alongside digital television broadcasting services and introducing new arrangements to allow the operation of short range, low power devices using ultra wide-band technology. The ACMA is seeking public input on these proposed changes and has invited interested parties to submit written representations by 27 April 2014.

Scope and Application

The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 applies to a broad range of entities and individuals operating low power radiocommunications devices across various segments of the radiofrequency spectrum. This includes, but is not limited to, entities using wireless microphones and other transmitters in broadcasting services bands, as well as those intending to use short-range low power devices employing ultra-wideband technology. The proposed variations to this class licence, which are under consideration by the Australian Communications and Media Authority (ACMA), aim to update and clarify the operational arrangements for these devices, particularly in relation to their shared use with digital television broadcasting services. The geographic and jurisdictional reach of these proposed variations is national, as the Radiocommunications Act 1992 is a Commonwealth Act. The Act does not specify exclusions, exemptions, or thresholds, but it does allow for the extension or restriction of application through subordinate instruments, which can be further detailed in the proposed variations and the associated discussion paper available on the ACMA's website.

Key Provisions

The Australian Communications and Media Authority (ACMA) has announced its intention to vary the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (LIPD Class Licence) under section 134 of the Radiocommunications Act 1992 (the Act). The proposed changes to the LIPD Class Licence, which governs the conditions, operating requirements, and technical parameters for a wide range of low power radiocommunications devices, include updating and clarifying the arrangements for wireless microphones and other transmitters operating in broadcasting services bands alongside digital television broadcasting services. Additionally, the proposed variation seeks to introduce new arrangements that will authorise the operation of short range low power devices using ultra wide-band technology. These changes aim to address contemporary technological advancements and the evolving landscape of radiocommunications. The proposed variation of the LIPD Class Licence imposes specific obligations and requirements on parties or entities governed by the Act. For instance, wireless microphones and other transmitters operating in broadcasting services bands will need to adhere to updated and clarified arrangements to ensure minimal interference with digital television broadcasting services. Furthermore, entities planning to operate short range low power devices using ultra wide-band technology will need to comply with the newly introduced arrangements as specified in the varied LIPD Class Licence. These obligations are crucial to maintain efficient and effective radiocommunications operations while safeguarding the interests of all stakeholders. In the event of a breach of the Radiocommunications Act 1992 or the varied Radiocommunications (Low Interference Potential Devices) Class Licence 2000, there are potential civil, criminal, and administrative consequences. Section 138 of the Act provides for the imposition of pecuniary penalties for breaches of the Act or any licence condition. The maximum penalty for contravening the Act or a licence condition varies depending on the nature and severity of the breach. For example, the maximum penalty for a corporation found guilty of contravening the Act or a licence condition is generally AUD 1.1 million for each day of the contravention, while individuals may face a maximum penalty of AUD 220,000 for each day of the contravention. Additionally, the ACMA may initiate proceedings in the Federal Court to seek injunctions, declarations, or other remedies to address breaches of the Act or the LIPD Class Licence.