Notification of the draft Radiocommunications (Communication with Space Object) Class Licence Variation 2018 (No.1)

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of radio communications in Australia, including communications with space objects. This Act addresses the need for a comprehensive legal framework to manage the use of radio frequencies, ensuring efficient use of the radio spectrum and compliance with international obligations. The Australian Parliament enacted this Act to establish the Australian Communications and Media Authority (ACMA) as the regulator of radiocommunications, with a policy objective to facilitate the orderly and efficient use of the radio spectrum while protecting public interest. The Act provides the ACMA with the authority to issue licences and vary licence conditions to meet the evolving demands of communications technology. The draft Radiocommunications (Communication with Space Object) Class Licence Variation 2018 (No.1) seeks to amend the Radiocommunications (Communication with Space Object) Class Licence 2015 by adding a new frequency band for the operation of earth stations communicating with space objects. The ACMA invites comments on this draft variation to ensure that the proposed changes align with stakeholder needs and regulatory objectives.

Scope and Application

The draft Radiocommunications (Communication with Space Object) Class Licence Variation 2018 (No.1) issued under the Radiocommunications Act 1992 aims to modify the operational framework for earth stations engaged in communication with space objects. This Act applies to entities that operate such earth stations and involves the alteration of the Radiocommunications (Communication with Space Object) Class Licence 2015 to include a new frequency band, 399.9 – 400.05 MHz, for the reception of radio emissions. This adjustment is intended to streamline the technical parameters and operational requirements for these stations, thereby facilitating more efficient communication with space objects. The variation is proposed by the Australian Communications and Media Authority (ACMA) and is subject to the Commonwealth jurisdiction, impacting all entities nationwide that are authorised by a space or space receive apparatus licence to operate under the existing CSO Class Licence. The Act does not explicitly state any exclusions or thresholds, but it is noted that subordinate instruments may further define the scope of application. The ACMA is currently inviting public comments on the draft variation, underscoring its commitment to stakeholder engagement in regulatory processes.

Key Provisions

The Radiocommunications Act 1992 (the Act) sets the framework for the regulation of radiocommunications in Australia. Section 132 of the Act provides the authority for the Australian Communications and Media Authority (ACMA) to issue class licence variations, and subsection 136(1) allows for public notification and comment on such proposed variations. The Act requires that the ACMA seek representations from interested parties before making a final decision on a draft variation. In this instance, the ACMA is proposing a variation to the Radiocommunications (Communication with Space Object) Class Licence 2015 (the CSO Class Licence), which governs the operation of earth stations communicating with space objects. The proposed Radiocommunications (Communication with Space Object) Class Licence Variation 2018 (No.1) (the draft Variation) seeks to introduce a new frequency band, 399.9 – 400.05 MHz, into the list of authorised frequencies for reception of radio emissions by a station operating under the CSO Class Licence. This variation is intended to accommodate new technological developments or operational needs within the specified frequency range. The draft Variation is designed to ensure that any changes are implemented in a manner that is consistent with the overall objectives of the Act and the existing regulatory framework. Entities and individuals governed by the Act, including those operating under the CSO Class Licence, are required to comply with the terms of the Act and any class licences or variations issued under its authority. They must adhere to the operational requirements and technical parameters set out in the CSO Class Licence and any subsequent variations. The ACMA expects all licensees to operate within the authorised frequency bands and to maintain the necessary equipment and standards to ensure the effective and safe use of the radiofrequency spectrum. Failure to comply with the provisions of the Radiocommunications Act 1992 or the terms of the CSO Class Licence and any variations can result in civil or criminal penalties. Under the Act, breaches of licence conditions can lead to enforcement actions, including fines and the potential revocation of the licence. The specific penalties for non-compliance are determined by the severity of the breach and may include substantial fines for repeated or serious offences. It is crucial for all parties to ensure strict adherence to the regulatory requirements to avoid such consequences.