Notification of a proposed revocation of a class licence, the Radiocommunications (Communication with Space Object) Class Licence 1998

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of radiocommunications and related services in Australia, providing a framework for the efficient use of the radio spectrum. This Act was introduced to address the need for a coordinated regulatory approach to the allocation and use of radio frequencies, ensuring that radiocommunications services are provided in a manner that is efficient and meets the needs of users while avoiding interference and protecting the public interest. The Act is administered by the Australian Communications and Media Authority (ACMA), which is responsible for implementing and enforcing the provisions of the Act. The policy objective of the Act is to facilitate the development of a competitive and innovative communications industry while ensuring the protection of the radio spectrum for the benefit of all Australians. The Australian Communications and Media Authority has proposed to revoke the Radiocommunications (Communication with Space Object) Class Licence 1998 and replace it with the Radiocommunications (Communication with Space Object) Class Licence 2015. This proposed revocation and replacement aims to update and clarify existing arrangements for ubiquitous earth stations, remove certain frequency ranges, amend conditions for stations operating on vessels, and excise specific frequency ranges into a new class licence. The ACMA is seeking representations from interested parties regarding the proposed changes before making a final decision. Representations should be submitted by 29 June 2015.

Scope and Application

The Radiocommunications Act 1992 governs the regulation of radiocommunications in Australia, including the licensing of ubiquitous earth stations for communication with space objects. The Act applies to entities and individuals operating such stations, encompassing their conduct and transactions related to radiocommunications. It has a national reach within the Commonwealth of Australia, extending its regulatory authority across all states and territories. The proposed revocation of the Radiocommunications (Communication with Space Object) Class Licence 1998 and the introduction of the new Radiocommunications (Communication with Space Object) Class Licence 2015 aim to update and clarify the existing licensing framework. This new licence will remove certain frequency ranges, modify conditions for operations on vessels, and separate radionavigation-satellite service frequencies into a new class licence. The application of the Act can be extended or restricted through subordinate instruments, which allows for the detailed specification of operational requirements and conditions. The Australian Communications and Media Authority (ACMA) is inviting representations on the proposed changes, and interested parties have until 29 June 2015 to submit their feedback.

Key Provisions

The Radiocommunications Act 1992 (the Act) is the primary legislation governing radiocommunications in Australia. The Australian Communications and Media Authority (ACMA) proposes to revoke the Radiocommunications (Communication with Space Object) Class Licence 1998 and replace it with the Radiocommunications (Communication with Space Object) Class Licence 2015 under sections 132 and 136(2) of the Act. This new class licence will update and clarify existing arrangements for ubiquitous earth stations, remove certain frequency ranges, and amend conditions for station operations on vessels. Additionally, it will excise specified frequency ranges into a new Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015. The Act imposes several obligations and requirements on parties and entities governed by it. These include the necessity for entities operating ubiquitous earth stations to comply with the updated conditions and operating requirements set out in the new class licence. The new conditions will govern the technical and operational standards for these stations, ensuring they operate within the designated frequency ranges and adhere to specified technical parameters. Furthermore, entities must ensure that any operations on vessels comply with the amended conditions, which may include requirements for equipment certification, location reporting, and other operational protocols. Breaches of the provisions of the Act may lead to both civil and criminal consequences. The Act specifies various offences related to non-compliance with licence conditions, unauthorised radiocommunications, and other regulatory breaches. For instance, operating a radiocommunications station in a manner that contravenes the Act or the terms of a licence can result in civil penalties. The maximum penalty for a corporation under section 141(1) of the Act is $1.1 million for a single offence. Additionally, individuals responsible for a corporation’s offence may face personal penalties under section 141(2). Criminal sanctions, including fines and imprisonment, may also apply for more serious breaches, with the severity of the penalty depending on the nature and circumstances of the offence. It is essential for entities to adhere to the stipulated conditions to avoid these repercussions.