Notification of the Draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No.1)

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 regarding the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No.1). This variation aims to amend and add to the existing arrangements of the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (LIPD Class Licence), which governs the licence conditions, operational requirements and technical parameters for a variety of low power radiocommunications devices operating across different segments of the radiofrequency spectrum. The proposed changes include the insertion of new frequency bands for data communication and telecommand or telemetry transmitters, as well as updates to referenced standards. The ACMA is inviting public comments on the draft variation to ensure that the proposed amendments address any gaps or problems in the current regulatory framework for low interference potential devices. Submissions should be made in writing and submitted to the ACMA by 26 October 2020. The LIPD Class Licence, the draft variation and a consultation paper providing further details on the proposed changes are available on the ACMA’s website and by contacting the Spectrum Planning Section at ACMA.

Scope and Application

The Radiocommunications Act 1992 applies to any person or entity involved in radiocommunications activities within the Commonwealth of Australia. This includes any individual, corporation, or unincorporated association that uses radiocommunications devices or operates under a licence or authorisation issued by the Australian Communications and Media Authority (ACMA). The Act covers a broad range of radiocommunications devices, particularly those operating within the radiofrequency spectrum, and regulates their use to ensure efficient and effective management of radiocommunications resources. The Act's provisions apply nationally, with the ACMA responsible for enforcing compliance across all states and territories. The draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No.1) seeks to amend the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, introducing new frequency bands for specific types of devices and updating referenced standards. This variation aims to refine the regulatory environment for low power, short-range radiocommunications devices, ensuring they operate with minimal interference to other services. The ACMA is inviting public consultation on the draft Variation, allowing interested parties to provide feedback on the proposed changes before finalisation.

Key Provisions

Section 136 of the Radiocommunications Act 1992 (the Act) mandates that the Australian Communications and Media Authority (ACMA) must give public notice of any proposed variation to the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (the LIPD Class Licence). This includes the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No.1) (the draft Variation), which aims to amend the existing arrangements and add new ones for several short-range, low-power radiocommunications devices. Specifically, the draft Variation proposes to insert new frequency bands for data communication transmitters and for telecommand or telemetry transmitters, as well as to insert and update referenced standards. The obligations imposed by the Act on parties or entities it governs primarily revolve around compliance with the terms set out in the LIPD Class Licence and any subsequent variations. These obligations include adhering to the specified operational requirements and technical parameters, which are critical for ensuring that the devices operate without causing undue interference to other communications services. The ACMA has the responsibility to ensure that these devices comply with the necessary standards and conditions to maintain the integrity and efficiency of the radiofrequency spectrum. Failure to comply with the requirements set forth in the Act and the LIPD Class Licence could lead to a variety of consequences. While the Act does not explicitly state the penalties for breaches in this context, breaches of radiocommunications regulations generally can lead to enforcement actions. Such actions may include fines, orders for the cessation of non-compliant activities, or more severe penalties depending on the nature and severity of the breach. The ACMA retains the authority to take appropriate action to ensure compliance and maintain the orderly use of the radiofrequency spectrum.