Commonwealth of Australia
AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Notice under subsection 136(2) of the Radiocommunications Act 1992
NOTIFICATION OF PROPOSAL TO REVOKE THE RADIOCOMMUNICATIONS (COMMUNICATION WITH SPACE OBJECT) CLASS LICENCE 2015
Notice is given under subsection 136(2) of the Radiocommunications Act 1992 (the Act) that the Australian Communications and Media Authority (ACMA) proposes to revoke the Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence).
Reasons for revocation
The CSO Class Licence authorises any person to operate a station for the purpose of communication with an Australian or foreign space object whose stations are authorised by a space licence or space receive licence. The CSO Class Licence is typically used for satellite systems with numerous or ubiquitous earth stations, such as portable or handheld satellite communications devices. It provides an efficient means of licensing a large number of earth stations, avoiding the need to obtain a licence for every earth station in a satellite system.
The Legislation Act 2003 (LA) provides for the automatic repeal of certain legislative instruments approximately 10 years after they are registered on the Federal Register of Legislation. This process is referred to as sunsetting. To preserve the effect of an instrument, it will need to be remade prior to the sunset date. The purpose of sunsetting is to ensure that legislative instruments are kept up to date and only remain in force as long as they are needed (see section 49 of the LA).
The CSO Class Licence will sunset on 1 October 2025, unless revoked and remade before that date.
The ACMA is proposing to revoke the CSO Class Licence and remake it in substantially the same form, so that its ongoing effect is preserved. The ACMA is currently consulting on the proposed new instrument to replace the CSO Class Licence.
This notice informs interested parties that the ACMA intends to revoke the CSO Class Licence and remake it with minor amendments.
Comments
Under section 136 of the Act, the ACMA is inviting representations about the proposal to revoke the CSO Class Licence.
The CSO Class Licence is available on the Federal Register of Legislation at: https://www.legislation.gov.au/F2015L01486
The proposed new instrument and the associated consultation paper are available on the ACMA’s website at: https://www.acma.gov.au/consultations/2024-11/proposal-remake-sunsetting-space-object-determinations-and-space-object-class-licence
Interested persons are invited to make representations about the proposed revocation no later than 17 January 2025. Representations should be in writing and should be addressed to:
The Manager
Space Systems Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
or by email to: satellite.coordination@acma.gov.au
Overview
The Radiocommunications Act 1992, enacted by the Commonwealth Parliament of Australia, aims to regulate radiocommunications within the country and between Australia and other nations. The Act provides the framework for the issuance and management of licences and authorisations necessary for various radiocommunication services, including those involving space objects. One specific mechanism under the Act is the Radiocommunications (Communication with Space Object) Class Licence 2015, which facilitates efficient licensing for satellite systems with numerous earth stations. However, as part of a broader legislative oversight to ensure the relevance and necessity of its instruments, the Legislation Act 2003 mandates the sunsetting of certain legislative instruments, including the CSO Class Licence, after approximately ten years. The Australian Communications and Media Authority (ACMA) is now proposing to revoke and remake the CSO Class Licence to preserve its effect, maintaining the efficiency and continuity of licensing for satellite communications. This process also involves consultation with interested parties to ensure the updated instrument aligns with current needs and regulatory standards.
Scope and Application
The Radiocommunications Act 1992, as notified by the Australian Communications and Media Authority (ACMA) under subsection 136(2), outlines the proposal to revoke the Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence). This class licence currently permits any person to operate a station for communication with space objects authorised by a space licence or space receive licence, applicable to satellite systems with multiple or widespread earth stations, such as handheld satellite communication devices. The revocation is intended to avoid the necessity of obtaining a separate licence for each earth station within a satellite system, thus streamlining the licensing process. The scope of the Act applies to any individual or entity operating such communication stations, with a jurisdictional reach across the Commonwealth of Australia. The revocation process is driven by the sunsetting provisions under the Legislation Act 2003, which mandates the automatic repeal of certain legislative instruments after approximately 10 years, in this case, on 1 October 2025. To ensure continuity, the ACMA plans to revoke and remake the CSO Class Licence with minor amendments, and interested parties are invited to submit their representations by 17 January 2025.
Key Provisions
The Radiocommunications Act 1992 (section 136) mandates that the Australian Communications and Media Authority (ACMA) notify interested parties when considering the revocation of a class licence. In this instance, the ACMA is proposing to revoke the Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence) and replace it with a substantially similar version. The CSO Class Licence (section 136) currently allows any person to operate a station for communication with space objects, provided those space objects are authorised by a space licence or a space receive licence. This licence is particularly relevant for satellite systems with multiple or widespread earth stations, such as portable or handheld satellite communication devices, as it simplifies the licensing process by allowing a single licence to cover many stations.
The obligations imposed by the Act on the ACMA and the parties governed by the CSO Class Licence include ensuring that all stations operating under this licence comply with the relevant regulations and that they do not engage in activities that could interfere with other communications. The ACMA must also ensure that the process of revoking and remaking the licence is conducted transparently and in accordance with the provisions of the Radiocommunications Act 1992. Interested parties are required to submit their representations regarding the proposed revocation by the specified deadline, which is 17 January 2025.
The proposed revocation and subsequent remake of the CSO Class Licence aim to ensure that the licensing framework remains effective and up to date. However, any failure to comply with the requirements set out in the Act could result in significant consequences. Under the Act, breaches of the licence conditions or non-compliance with the revocation and remake process could lead to enforcement actions, including fines or other penalties. The specific penalties for breaches of the Radiocommunications Act 1992 are not detailed in the notice but could include substantial financial penalties as outlined in the Act. It is crucial for all parties to adhere to the regulatory framework to avoid any adverse legal or financial repercussions.