Notification of a proposed revocation of a class licence, the Radiocommunications (Low Interference Potential Devices) Class Licence 2000

Overview

The Australian Communications and Media Authority (ACMA) has proposed a significant amendment to the existing regulatory framework for low interference potential devices (LIPDs) by introducing the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 under section 132 of the Radiocommunications Act 1992. This legislative move aims to address the need for updated and clarified arrangements for low power radiocommunications devices, as well as to incorporate new technical parameters and operating requirements for in-ground ultra wideband sensors. This initiative also seeks to replace the existing Radiocommunications (Low Interference Potential Devices) Class Licence 2000, which would otherwise be revoked by law on 1 October 2015 due to sunsetting provisions. The ACMA is currently seeking public input on this proposed change, inviting representations by 6 March 2015 to ensure that the updated regulatory framework meets the evolving needs of stakeholders in the radiocommunications sector.

Scope and Application

The Radiocommunications Act 1992 applies to a wide range of entities involved in radiocommunications activities within the Commonwealth of Australia. Specifically, it governs the operations of low power radiocommunications devices under the Radiocommunications (Low Interference Potential Devices) Class Licence, which includes both existing and proposed licences such as the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 and the proposed Radiocommunications (Low Interference Potential Devices) Class Licence 2015. This Act sets out the regulatory framework for the licensing and operation of these devices, ensuring they comply with specified technical parameters and operating requirements to minimise interference with other radiocommunications services. The Act’s jurisdictional reach is national, extending across all states and territories within Australia. The ACMA, as the regulatory body, has the authority to propose changes and revoke existing class licences, such as the 2000 Class Licence, which is set to be revoked by law on 1 October 2015. The new 2015 Class Licence will update and clarify existing arrangements, as well as introduce new provisions for in-ground ultra wideband sensors. The Act allows for the extension and restriction of its application through subordinate instruments, providing flexibility in managing radiofrequency spectrum use.

Key Provisions

The Australian Communications and Media Authority (ACMA) has proposed to revoke the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 and replace it with the Radiocommunications (Low Interference Potential Devices) Class Licence 2015. This proposal is made under section 132 and 135 of the Radiocommunications Act 1992 (the Act). The new LIPD Class Licence is intended to update and clarify existing arrangements for a wide range of low power radiocommunications devices and add new arrangements to support in-ground ultra-wideband sensors. This change is necessary because the existing licence is set to be revoked by force of law under "sunsetting" provisions on 1 October 2015. The new Radiocommunications (Low Interference Potential Devices) Class Licence 2015 will include updated licence conditions, operating requirements, and technical parameters for low power radiocommunications devices. This includes devices operating in various segments of the radiofrequency spectrum, as well as new arrangements for in-ground ultra-wideband sensors. The objective of this change is to ensure that the regulatory framework remains effective and relevant in the face of technological advancements and evolving industry needs. The new licence will replace the existing Radiocommunications (Low Interference Potential Devices) Class Licence 2000, which would otherwise be revoked by law on 1 October 2015. The Act imposes several obligations and requirements on parties and entities governed by the proposed new Radiocommunications (Low Interference Potential Devices) Class Licence 2015. These include compliance with the updated licence conditions, operating requirements, and technical parameters set out in the new licence. Parties and entities must adhere to these conditions to ensure the proper and lawful operation of low power radiocommunications devices. Additionally, the new licence will provide clarity and certainty for stakeholders, enabling them to operate their devices within the updated regulatory framework. The ACMA is seeking representations about the proposed making and revocation of the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 and the introduction of the new Radiocommunications (Low Interference Potential Devices) Class Licence 2015. Interested persons are invited to make representations about the proposed changes no later than 6 March 2015. The Radiocommunications Act 1992 provides for various offences, penalties, and civil or criminal consequences for breach of its provisions. Under the Act, failure to comply with the requirements of a class licence, including the proposed new Radiocommunications (Low Interference Potential Devices) Class Licence 2015, may result in enforcement action by the ACMA. This may include fines, cancellation of a licence, or other civil or criminal penalties. The maximum penalties for breach of the Act depend on the nature and severity of the offence. For example, the Act provides for fines of up to $22,200 for individuals and $111,000 for bodies corporate for contravening certain provisions. In addition to financial penalties, the Act also provides for imprisonment for certain offences, with the maximum penalty depending on the specific provision breached.