Notification of Proposed Revocation of Radiocommunications (Cordless Communications Devices) Class Licence 2001

Overview

The Radiocommunications Act 1992, enacted by the Parliament of Australia, was introduced to regulate the use of radiocommunications services and equipment in the country. This Act established a framework for the licensing and operation of radiocommunications, aiming to ensure efficient use of the radio spectrum, facilitate technological advancements, and protect public safety and health. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act and ensuring compliance with its provisions. The policy objective of the Act is to maintain an orderly and efficient allocation of radio frequencies while fostering innovation and competition in the telecommunications sector. In line with the objectives of the Radiocommunications Act 1992, the ACMA has issued a notice under section 136 proposing to revoke the Radiocommunications (Cordless Communications Devices) Class Licence 2001 to prevent its automatic repeal due to the sunsetting provisions of the Legislative Instruments Act 2003. The Cordless Devices Class Licence governs the operation of cordless communication devices using technologies like DECT and PHS. The proposed revocation aims to update and clarify the operation of the licence to ensure it remains relevant and effective. The ACMA seeks public input on this proposal to ensure it aligns with the needs of stakeholders and the broader public interest.

Scope and Application

The Radiocommunications Act 1992 governs the regulation of radiocommunications in Australia, and its application extends to the operation of cordless communication devices, including those using DECT and PHS technologies. The Radiocommunications (Cordless Communications Devices) Class Licence 2001, which is subject to the sunsetting provisions of the Legislative Instruments Act 2003, is administered by the Australian Communications and Media Authority (ACMA). The Act applies to entities that operate cordless communication devices, and the revocation and subsequent remaking of the Cordless Devices Class Licence is proposed to ensure its continued regulation beyond its sunset date. The ACMA seeks feedback from relevant stakeholders on the proposed revocation of the Cordless Devices Class Licence, with submissions due by 5 February 2014. The proposed changes to the Cordless Devices Class Licence aim to update and clarify its operation, and the ACMA invites interested parties to review the existing class licence, the proposed new instrument and the associated discussion paper available on the ACMA’s website or by contacting the specified office.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992, proposing the revocation of the Radiocommunications (Cordless Communications Devices) Class Licence 2001. This licence governs the operation of cordless communication devices, including those using DECT and PHS technologies (section 136). The proposed revocation aims to update and clarify the operation of the licence, ensuring its continued effectiveness beyond its scheduled sunset date of 1 April 2015. This sunsetting process, as outlined in section 49 of the Legislative Instruments Act 2003, ensures that legislative instruments are kept current and only remain in force as necessary. The obligations imposed by the Act on the parties and entities it governs include adherence to the licence conditions, operating requirements, and technical parameters set forth in the Cordless Devices Class Licence. Licence holders are required to ensure their devices comply with the specified standards and operational guidelines to avoid disruptions and ensure the efficient use of radiocommunications spectrum. The ACMA mandates that any changes to the operation of these devices, such as updates or modifications, must be reported and approved to maintain compliance with the Act (section 136). Breaches of the provisions outlined in the Radiocommunications Act 1992 can lead to both civil and criminal consequences. For instance, operating a cordless communication device in a manner that contravenes the licence conditions could result in penalties. Under section 142 of the Act, individuals or entities found guilty of an offence may be subject to fines. The maximum penalties for such offences can include substantial financial penalties, reflecting the importance of adhering to the regulatory framework established by the Act. Non-compliance not only risks these penalties but can also lead to enforcement actions by the ACMA, including the potential suspension or revocation of the licence.