Notification of the draft Radiocommunications (Communication with Space Object) Class Licence Variation 2022 (No.1)

Overview

The Radiocommunications Act 1992, enacted by the Commonwealth of Australia Parliament, primarily governs the use of the radio spectrum and communication with space objects in Australia. The legislation was introduced to address the need for a comprehensive regulatory framework that ensures efficient and effective use of radio frequencies and coordination of activities involving space objects. The Act aims to provide for the administration of the radio spectrum and the regulation of radiocommunications, including the licensing of radiocommunications apparatus and the authorisation of space activities. The Australian Communications and Media Authority (ACMA), under section 132 of the Act, is responsible for proposing variations to existing class licences to adapt to evolving technological advancements and operational requirements. This includes the proposed draft Radiocommunications (Communication with Space Object) Class Licence Variation 2022 (No.1), which seeks to introduce new frequency bands and corresponding operational and technical conditions for earth stations communicating with space objects. Interested parties are invited to provide feedback on this draft variation to ensure the regulatory framework remains fit-for-purpose in an increasingly complex technological environment.

Scope and Application

The Australian Communications and Media Authority (ACMA) has issued a notice under the Radiocommunications Act 1992 regarding the draft Radiocommunications (Communication with Space Object) Class Licence Variation 2022 (No. 1). This draft variation seeks to amend the Radiocommunications (Communication with Space Object) Class Licence 2015 by introducing new frequency bands for both transmission and reception of radio emissions by stations operating under the Class Licence. Specifically, the draft variation proposes the inclusion of the frequency bands 2005–2010 MHz and 27.5–28.3 GHz for transmission, and 2195–2200 MHz for reception. These changes aim to accommodate the evolving needs of space communications within the authorised segments of the radiofrequency spectrum. The Act applies to any person or entity operating an earth station communicating with a space object and holding a space or space receive apparatus licence. The draft variation extends across the Commonwealth of Australia, and interested parties are invited to submit their representations by 14 February 2022 to the Space Systems Section of the ACMA. Further details and hard copies of the draft variation are available on the ACMA's website or by contacting the designated section.

Key Provisions

The main operative sections of the Radiocommunications (Communication with Space Object) Class Licence Variation 2022 (No.1) involve the proposal to vary the existing Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence) under section 132 of the Radiocommunications Act 1992 (the Act). This variation aims to include new frequency bands and associated operational requirements and technical conditions for the operation of earth stations. Specifically, the draft variation proposes to add the frequency bands 2005–2010 MHz and 27.5–28.3 GHz for transmission, and 2195–2200 MHz for reception, to the list of authorised frequencies for stations operating under the CSO Class Licence (subsection 136(1)). The obligations imposed by this Act include ensuring that any earth stations communicating with space objects adhere to the specified operational requirements and technical parameters outlined in the amended CSO Class Licence. These requirements are necessary to maintain the integrity and efficiency of radio communications and to prevent interference with other radio services. Furthermore, entities operating under this licence must comply with any new conditions introduced by the draft variation, including adherence to the newly authorised frequency bands. Failure to comply with the provisions of the Act, including the terms of the amended CSO Class Licence, can result in serious consequences. The Act does not explicitly state the penalties for non-compliance within the provided text, but breaches of radiocommunications legislation typically incur significant fines and potential revocation of the licence. The specific penalties would be determined in accordance with other relevant sections of the Radiocommunications Act 1992 and any associated regulations. Compliance with the Act is crucial to avoid legal repercussions and to ensure the smooth operation of radiocommunications services.