Notification of a proposed revocation of a class licence, the Radiocommunications (27 MHz Handphone Stations) Class Licence 2002

Overview

The Radiocommunications Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate the use of radiocommunications services and equipment in Australia, addressing the need for a comprehensive legal framework governing radio spectrum management. This Act aimed to streamline and modernise the regulation of radiocommunications, ensuring efficient use of the radio spectrum while facilitating innovation and competition in the telecommunications sector. The Australian Communications and Media Authority (ACMA) is responsible for the administration and enforcement of this Act. In this context, ACMA proposes to revoke the existing Radiocommunications (27 MHz Handphone Stations) Class Licence 2002 and replace it with the Radiocommunications (27 MHz Handphone Stations) Class Licence 2015. The proposed new licence is intended to replicate the conditions and requirements of the existing licence, aligning with the sunsetting provisions that would otherwise automatically revoke the 2002 licence on 1 October 2015. The policy objective is to maintain consistent regulatory conditions for the operation of 27 MHz handphone stations while allowing for any necessary updates or improvements in the licensing framework.

Scope and Application

The Radiocommunications Act 1992 applies to any person or entity involved in the use of radiocommunication services or equipment in Australia, including commercial and non-commercial entities, individuals, and government bodies. This legislation encompasses the regulation of the use of radio spectrum, licensing of radiocommunication activities, and the establishment of standards and conditions for the safe and efficient use of radio frequencies. The Act operates on a national level, applying to the entire Commonwealth of Australia, and its reach is extensive, affecting various industries that rely on radiocommunication services, including broadcasting, telecommunications, aviation, and maritime. The Act includes provisions for the revocation of class licences, such as the Radiocommunications (27 MHz Handphone Stations) Class Licence 2002, and the introduction of new licences like the proposed Radiocommunications (27 MHz Handphone Stations) Class Licence 2015, which will replace the existing licence and essentially replicate its conditions and requirements. The Act's scope can be further defined and modified through subordinate instruments, which may introduce additional conditions or exceptions to the provisions of the primary Act.

Key Provisions

Section 132 of the Radiocommunications Act 1992 (the Act) provides the Australian Communications and Media Authority (ACMA) with the power to issue a class licence for radiocommunications. In this instance, the ACMA proposes to issue a new Radiocommunications (27 MHz Handphone Stations) Class Licence 2015, which will replace the existing Radiocommunications (27 MHz Handphone Stations) Class Licence 2002. This proposal will come into effect on 1 October 2015, as the existing licence is set to be revoked by force of law due to the "sunsetting" provisions. The new licence will essentially replicate the existing one. The Act imposes specific obligations and requirements on the parties governed by it. The ACMA, as the governing body, must ensure that the new class licence reflects the conditions and operating requirements for the use of 27 MHz Handphone Stations. Additionally, the ACMA is required to seek and consider representations from interested parties regarding the proposed changes. The ACMA must also make the proposed new class licence and relevant documents available for public inspection and comment. Failure to comply with the provisions of the Act may result in various civil or criminal consequences. Under the Act, breaches may be subject to fines and other penalties as specified in the legislation. However, the specific penalties are not detailed in this notice. Interested parties are encouraged to review the Act and any associated regulations for detailed information on penalties and consequences for non-compliance. The ACMA is inviting interested parties to make written representations about the proposed making of the new 27 MHz Handphone Stations class licence and the revocation of the existing class licence. Representations should be submitted no later than 29 July 2015. Submissions should be addressed to the Manager of Spectrum Licensing Policy at the ACMA, either by mail or email. The ACMA will consider all representations received before making a final decision on the proposed changes.