Notification of Proposed Revocation of Radiocommunications (Cellular Mobile Telecommunication Devices) Class Licence 2002

Overview

The Australian Communications and Media Authority (ACMA) has announced its intention to revoke the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002, established under the Radiocommunications Act 1992, to address the impending sunset of this legislative instrument. The Act was enacted to regulate the use of radiocommunications devices, ensuring compliance with technical standards and operating requirements. The Cellular Devices Class Licence pertains to devices such as cellular phone handsets and non-mobile data devices that communicate with stations authorised under a Public Telecommunications Service apparatus licence. As stipulated in the Legislative Instruments Act 2003, certain legislative instruments are subject to automatic repeal approximately ten years after their registration on the Federal Register of Legislative Instruments, a process known as sunsetting. The ACMA seeks to revoke and remake the Cellular Devices Class Licence to preserve its ongoing effect, with minor amendments intended to clarify compliance requirements and operational conditions. The ACMA is inviting public representations on this proposal until 5 February 2014.

Scope and Application

The Radiocommunications Act 1992 applies to any person or entity involved in the operation of radiocommunications devices, particularly those communicating with a station authorised under a Public Telecommunications Service apparatus licence, including cellular phone handsets and non-mobile data devices such as ATMs and soft drink machines. The Act operates on a national level across Australia, with the Australian Communications and Media Authority (ACMA) being the regulatory body responsible for its implementation and enforcement. The Act’s scope is broad, encompassing various industries and conduct related to radiocommunications devices, with specific provisions under the Cellular Devices Class Licence. However, certain exclusions and exemptions may apply, depending on the specific conditions outlined in subordinate instruments. The ACMA has the authority to revoke and remake class licences, such as the Cellular Devices Class Licence, to ensure they remain effective and up-to-date, as mandated by the Legislative Instruments Act 2003. The proposed revocation of the Cellular Devices Class Licence is a measure to prevent its automatic sunset on 1 April 2015, with minor amendments proposed to clarify compliance requirements and operation of the licence.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 (the Act) to propose the revocation of the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002 (the Cellular Devices Class Licence). This proposal is intended to ensure the licence’s continued effect, as it is scheduled to sunset on 1 April 2015 under section 49 of the Legislative Instruments Act 2003. The proposed revocation and subsequent remaking of the licence in substantially the same form aims to maintain the existing licence conditions, operating requirements, and technical parameters for devices such as cellular phone handsets and non-mobile data devices, including ATMs and soft drink machines. Under the Act, the Cellular Devices Class Licence governs the operation of radiocommunications devices that communicate with a station authorised under a Public Telecommunications Service apparatus licence. The proposed changes to the licence primarily involve minor amendments, such as clarifying the compliance requirement for devices manufactured, imported, or modified before the effective date of a new radiocommunications standard. These amendments are intended to enhance the clarity and effectiveness of the licence conditions without altering their substantive effect. The obligations and requirements imposed by the Act on the parties governed by the Cellular Devices Class Licence include compliance with the specified licence conditions, operating requirements, and technical parameters. These obligations are designed to ensure the proper and safe use of radiocommunications devices within the parameters set by the Act. The proposed revocation and remaking of the licence reaffirm these obligations, ensuring that they remain applicable to the relevant devices and users. Breach of the conditions, operating requirements, or technical parameters specified in the Cellular Devices Class Licence may lead to civil or criminal consequences under the Act. While the specific penalties are not detailed in the notice, breaches of similar provisions in the Act can result in substantial fines and, in some cases, imprisonment. The maximum penalties for offences related to radiocommunications devices can vary but are generally severe, reflecting the importance of compliance with the regulatory framework established by the Act. Interested persons are encouraged to review the existing class licence, proposed new instrument, and associated discussion paper available on the ACMA’s website and provide their representations by 5 February 2014.