Notification of the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2019 (No.1)

Overview

The Radiocommunications Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate the use of radiocommunications in Australia, ensuring efficient use of the radiofrequency spectrum and minimising harmful interference. The Act established the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for managing the spectrum and issuing licences for radiocommunications services. The policy objective of the Act is to facilitate the use of radiocommunications in a way that supports economic growth, innovation, and public interest while maintaining a safe and efficient radiofrequency environment. In accordance with the Act, the ACMA has proposed the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2019 (No.1), which seeks to amend the existing Radiocommunications (Low Interference Potential Devices) Class Licence 2015 to accommodate new and revised technical parameters and frequency bands for various low power radiocommunications devices. These proposed changes aim to update the regulatory framework and ensure the continued efficient use of the radiofrequency spectrum for low interference potential devices. The ACMA, under section 132 of the Radiocommunications Act 1992, has issued a notice of the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2019 (No.1), inviting representations from interested parties by 22 February 2019. The draft Variation proposes to insert new frequency bands for all transmitters, data communication transmitters, and ultra-wideband transmitters, as well as revise existing arrangements for radiodetermination transmitters, ultra-wideband transmitters, and underground transmitters. Additionally, the draft Variation seeks to update the referenced technical standards to ensure compliance with current industry practices. The ACMA encourages stakeholders to review the draft Variation and submit their feedback to facilitate an informed decision-making process.

Scope and Application

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2019 (No. 1) is a legislative instrument made under section 132 of the Radiocommunications Act 1992. This Act applies to any person or entity engaged in radiocommunications activities within Australia, including both Commonwealth and state jurisdictions. The Act regulates the use of radiocommunications devices and spectrum, ensuring efficient and effective use while minimising interference. The proposed draft Variation seeks to update the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 by introducing new frequency bands, revising existing arrangements, and updating referenced standards for a wide range of low power radiocommunications devices. The changes aim to align with international standards, particularly those set by OFCOM and the FCC. The draft Variation does not explicitly state any exclusions, exemptions, or thresholds, but it does provide specific operational requirements and technical parameters for various types of low power devices. The application of this legislation extends through subordinate instruments, which may further define the specifics of radiocommunications activities and devices within Australia.

Key Provisions

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2019 (No. 1) proposes significant changes to the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (LIPD Class Licence) under the Radiocommunications Act 1992. The draft Variation, issued by the Australian Communications and Media Authority (ACMA), introduces new frequency bands, revises existing arrangements for certain transmitters, and updates referenced standards. Section 4 of the draft Variation specifies these changes, which include inserting new frequency bands for all transmitters and data communication transmitters, as well as ultra-wide band transmitters. Additionally, it revises existing arrangements for radiodetermination transmitters, ultra-wide band transmitters, and underground transmitters. The proposed changes impose specific obligations on parties or entities governed by the LIPD Class Licence. For instance, all transmitters must comply with the maximum transmitter power limit of 10 mW and a maximum radiated power spectral density limit of 13 dBm per 1 MHz. Furthermore, fixed point-to-point links used outdoors must adhere to either ETSI Standard EN 302 217 or UK Interface Requirement IR 2078, depending on the alignment option chosen. Transmitters must not operate in certain frequency bands within a nominated distance of specified Australian radio-astronomy sites without the approval of the Commonwealth Scientific and Industrial Research Organisation (CSIRO). Radiodetermination transmitters must meet the requirements of ETSI Standard EN 301 091 and must not operate within a nominated distance of a specified Australian radio-astronomy site without CSIRO approval. Failure to comply with the conditions set out in the draft Variation may lead to various civil and criminal consequences. The Radiocommunications Act 1992 provides for penalties for breaches of the Act and the LIPD Class Licence. These penalties may include fines and, in more severe cases, criminal prosecution. While the specific penalties are not detailed in the draft Variation, they generally include fines that can be substantial depending on the severity and frequency of the breach. It is important for entities and individuals governed by the Act to ensure compliance with the updated licence conditions to avoid such penalties.