Notice of Proposed Variation of Radiocommunications (Low Interference Potential Devices) Class Licence 2000

Overview

The Radiocommunications Act 1992 was enacted by the Commonwealth Parliament to regulate the use of radiocommunications and radio frequencies in Australia, aiming to prevent interference and ensure efficient use of the radio spectrum. The Act provides a framework for licensing and managing radiocommunications activities. The Australian Communications and Media Authority (ACMA) administers the Act and is responsible for issuing class licences that set out the conditions and technical parameters for specific types of radiocommunications devices. In response to technological advancements and the evolving needs of the communications industry, the ACMA has proposed variations to the Radiocommunications (Low Interference Potential Devices) Class Licence 2000. These proposed changes include adjusting the frequency bands for wireless audio transmitters, allowing for the operation of digital modulated wireless audio transmitters within specific frequency ranges, and authorising the use of wireless audio transmitters in a new frequency range under certain conditions. The ACMA is currently seeking public feedback on these proposed variations to ensure they effectively address industry needs while maintaining the integrity of the radio spectrum.

Scope and Application

The Radiocommunications Act 1992, administered by the Australian Communications and Media Authority (ACMA), governs the use of radiocommunications devices across Australia. The Act applies to various entities and individuals involved in the operation of radiocommunications devices, particularly those classified under the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (LIPD Class Licence). This legislation sets out the conditions, requirements, and technical parameters for the operation of low power radiocommunications devices across different frequency bands. The proposed variation to the LIPD Class Licence includes amendments to the frequency bands for wireless audio transmitters, the addition of conditions for digital modulated wireless audio transmitters, and the allowance for wireless audio transmitters in a new frequency range, subject to compliance with specified standards. The proposed changes are intended to be implemented nationally, affecting all entities operating within the specified frequency bands. Interested parties have the opportunity to provide feedback on the proposed variations by making representations to the ACMA by the specified deadline.

Key Provisions

The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (LIPD Class Licence) sets out the terms under which low power radiocommunications devices can operate within specific radiofrequency spectrum segments. As per section 134 of the Radiocommunications Act 1992, the Australian Communications and Media Authority (ACMA) proposes to amend this licence. The proposed changes include altering the frequency band for wireless audio transmitters from 520 – 820 MHz to 520 – 694 MHz, effective from 31 December 2014. Additionally, the ACMA proposes to allow digital modulated wireless audio transmitters to operate within the frequency range of 520 – 694 MHz, and to permit the operation of wireless audio transmitters in the 1790 – 1800 MHz frequency range, subject to compliance with specified standards. The proposed changes impose specific obligations on the parties governed by the LIPD Class Licence. Device manufacturers, operators, and other stakeholders must ensure their devices comply with the new frequency bands and standards. This includes verifying that digital modulated wireless audio transmitters operate within the newly defined 520 – 694 MHz range and that devices operating in the 1790 – 1800 MHz range meet the specified standards. Additionally, operators must transition their devices to the new frequency bands by the specified deadline of 31 December 2014, to avoid non-compliance. Failure to comply with the conditions of the LIPD Class Licence, as varied, may result in civil or criminal consequences. While the Act does not explicitly state maximum penalties for breaches, non-compliance with radiocommunications regulations generally can lead to enforcement actions by the ACMA. These actions may include fines, direction orders to cease non-compliant operations, or legal proceedings in more severe cases. The ACMA is mandated to take appropriate action to ensure adherence to the terms of the licence and the broader regulatory framework.