Commonwealth of Australia
AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Radiocommunications Act 1992
Notice under section 136 of the Radiocommunications Act 1992
NOTIFICATION OF THE DRAFT RADIOCOMMUNICATIONS (LOW INTERFERENCE POTENTIAL DEVICES) CLASS LICENCE VARIATION 2021 (NO.2)
Notice is given under section 136 of the Radiocommunications Act 1992 (the Act) of the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No.2) (the draft Variation) proposed to be made by the Australian Communications and Media Authority (ACMA) under section 132 of the Act. The draft Variation proposes to add new arrangements for radio Local Area Network transmitters in the 5925–6425 MHz frequency band by varying the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (the LIPD Class Licence).
Proposed changes
The LIPD Class Licence contains the licence conditions, operational requirements and technical parameters associated with a wide range of low power radiocommunications devices operating in various segments of the radiofrequency spectrum.
The draft Variation proposes to amend the LIPD Class Licence by:
- Inserting new frequency bands for radio Local Area Network transmitters
- Correcting an error regarding carrier frequencies in item 25, and a spelling error in item 39C, of the table in Schedule 1.
Copies of the LIPD Class Licence, the draft Variation, and the consultation paper explaining the above amendments in more detail are available on the ACMA’s website (www.acma.gov.au) and hard copies may be obtained from the ACMA by contacting:
Xavier Halliwell
Spectrum Planning Section
Australian Communications and Media Authority
PO BOX 78
BELCONNEN ACT 2616
Email: xavier.halliwell@acma.gov.au
Telephone: (02) 6219 5203
Comments
Under section 136 of the Act, the ACMA is seeking representations about the draft Variation.
Interested persons are invited to make representations about the draft Variation no later than 19 November 2021. Representations should be in writing and should be addressed to:
The Manager, Spectrum Planning Section
Australian Communications and Media Authority
PO BOX 78
BELCONNEN ACT 2616
or emailed to:
freqplan@acma.gov.au
Overview
The Radiocommunications Act 1992, enacted by the Commonwealth of Australia, was introduced to establish a regulatory framework for radiocommunications services in Australia. This Act aims to ensure that radiocommunications services are provided in a manner that is efficient, effective, and does not cause harmful interference. The Australian Communications and Media Authority (ACMA) is the body responsible for administering this Act. The draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No.2) proposed by ACMA seeks to amend the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 to introduce new arrangements for radio Local Area Network transmitters in the 5925–6425 MHz frequency band, correct an error regarding carrier frequencies, and rectify a spelling error. This variation aims to enhance the regulatory framework for low power radiocommunications devices, ensuring they operate within the specified technical parameters and licence conditions.
Scope and Application
The Radiocommunications Act 1992 governs the use of the radio spectrum in Australia, and it applies to a broad range of entities and individuals involved in radiocommunications activities, including businesses, organisations, and individuals operating radio equipment. The Act, administered by the Australian Communications and Media Authority (ACMA), encompasses the regulation of all radiocommunications services and equipment within the Australian jurisdiction. This includes the implementation and management of class licences, such as the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (LIPD Class Licence), which sets out the conditions and technical specifications for low power radiocommunications devices. The draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No.2) proposed by ACMA seeks to amend the LIPD Class Licence to introduce new frequency bands for radio Local Area Network transmitters in the 5925–6425 MHz range, and to correct errors in the existing licence conditions. The application of these variations is intended to enhance the regulatory framework for these devices, ensuring compliance with national standards and minimising potential interference. Interested parties are invited to provide feedback on the draft variation, underscoring the ACMA's commitment to inclusive consultation in the legislative process.
Key Provisions
The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No.2) (draft Variation) under section 132 of the Radiocommunications Act 1992 (the Act), proposes to make amendments to the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (the LIPD Class Licence). The primary changes include the introduction of new frequency bands for radio Local Area Network transmitters in the 5925–6425 MHz band and corrections to existing technical parameters. Specifically, the draft Variation aims to correct an error in the carrier frequencies listed in item 25 and a spelling error in item 39C of Schedule 1 of the LIPD Class Licence.
The Act imposes several obligations on the Australian Communications and Media Authority (ACMA) and other parties governed by the Act. The ACMA is required to notify the public of the proposed draft Variation under section 136 of the Act and to seek representations from interested persons within a specified timeframe. The ACMA must also ensure that any proposed changes align with the broader objectives of the Act, which include the efficient use of the radiofrequency spectrum and the minimisation of interference between different radiocommunications services. Furthermore, the LIPD Class Licence holders must adhere to the updated conditions, operational requirements, and technical parameters specified in the draft Variation if it is implemented.
Breaches of the Act or non-compliance with the conditions set out in the LIPD Class Licence or the draft Variation may result in various consequences. Under the Act, individuals or entities that fail to comply with the licence conditions may be subject to enforcement actions, which can include administrative penalties. The Act provides for maximum penalties for breaches, which may vary depending on the nature and severity of the offence. Additionally, persistent or significant non-compliance could lead to the revocation of the licence, thereby preventing the offender from operating within the specified frequency bands. It is important for all parties to familiarise themselves with the requirements of the draft Variation to avoid any potential legal ramifications.