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 NOTICE 2016 (NO.1)
Notice is given under section 136 of the Radiocommunications Act 1992 (the Act) of the draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2016 (No.1) (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 amend existing arrangements and to add new arrangements for a number of short range low power devices 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, operating 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:
- updating referenced standards;
- inserting new frequency bands for all transmitters;
- removing some limitations on the use of digital modulation transmitters;
- inserting new frequency bands for some radiodetermination transmitters;
- broadening arrangements authorising the use of in-ground ultra-wideband transmitters to allow the use of other similar devices covered by a relevant technical standard; and
- inserting new arrangements authorising the operation of building materials analysis transmitters.
Comments
Under section 136 of the Act, the ACMA is seeking representations about the draft Variation.
Copies of the LIPD Class Licence, the draft Variation, and the discussion paper explaining the above amendments in more detail are available on the ACMA’s website and hardcopies may be obtained from the ACMA’s Canberra Office by contacting:
Snezana Krusevac
Spectrum Engineering Section
Australian Communications and Media Authority
PO BOX 78
BELCONNEN ACT 2616
Telephone: (02) 6219 5236
Email: Snezana.Krusevac@acma.gov.au
Interested persons are invited to make representations about the proposed variation no later than 26 February 2016. Representations should be in writing and should be addressed to:
The Manager
Spectrum Engineering Section
Australian Communications and Media Authority
PO BOX 78
BELCONNEN ACT 2616
or by email to:
freqplan@acma.gov.au
Overview
The Radiocommunications Act 1992 was enacted to establish a regulatory framework governing radiocommunications in Australia, addressing the need for efficient and effective use of the radiofrequency spectrum. This Act was introduced by the Commonwealth Parliament to provide a comprehensive legislative basis for the regulation of radiocommunications, including licensing, spectrum allocation, and interference management. The policy objective of the Act is to facilitate the use of the radiofrequency spectrum while minimising interference and ensuring public safety and convenience. Under the Act, the Australian Communications and Media Authority (ACMA) is tasked with administering the licensing of radiocommunications services and devices, including the management of low interference potential devices (LIPD). The draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2016 (No.1), proposed by the ACMA, seeks to update and expand the existing arrangements for LIPD to reflect technological advancements and changing industry needs. This variation aims to modernise the regulatory framework to accommodate new standards, frequency bands, and device types, ensuring that the use of radiocommunications devices remains efficient and compliant with contemporary technical and operational requirements.
Scope and Application
The Radiocommunications Act 1992 applies to entities and individuals involved in the use and operation of radiocommunications devices across Australia. This includes various industries that utilise radiocommunications for purposes such as broadcasting, telecommunications, and other forms of wireless communication. The Act specifically governs the conditions and technical parameters under which low interference potential devices (LIPD) can operate within the radiofrequency spectrum. The geographic reach of this legislation is national, applying uniformly across the Commonwealth of Australia. The draft Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2016 (No.1) extends and amends the existing Radiocommunications (Low Interference Potential Devices) Class Licence 2015, introducing new frequency bands and relaxing certain limitations on the use of digital modulation transmitters, among other changes. This variation aims to update the technical standards and operating requirements to better accommodate technological advancements and new types of devices. The Act allows for the variation of class licence conditions through subordinate instruments, enabling the Australian Communications and Media Authority (ACMA) to make adjustments as necessary to keep regulations current and effective. The ACMA is currently seeking public feedback on the proposed changes to ensure they meet the needs of all stakeholders while maintaining the integrity of the radiocommunications framework.
Key Provisions
The main sections of the Radiocommunications Act 1992 (the Act) relevant to this notification are section 132 and section 136. Under section 132, the Australian Communications and Media Authority (ACMA) is empowered to vary class licences, including the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (the LIPD Class Licence). This authority allows ACMA to adapt the licence to better suit the evolving needs of radiocommunications in Australia. Section 136 requires ACMA to give notice of any proposed variations, inviting public consultation and feedback on the proposed changes.
The obligations and requirements imposed by the Act on parties governed by the LIPD Class Licence include adherence to the updated standards and technical parameters as set out in the draft Variation. This involves ensuring that devices comply with newly inserted frequency bands and that any use of digital modulation transmitters or in-ground ultra-wideband transmitters aligns with the expanded conditions. The Act also mandates that the operation of building materials analysis transmitters falls within the newly authorised arrangements. Compliance with these requirements ensures that low power devices operate with minimal interference and adhere to safety and efficiency standards.
Breaching the terms of the Radiocommunications Act 1992 can lead to various civil and criminal consequences. Under section 302 of the Act, any person who contravenes a licence condition can be subject to enforcement actions, including fines. The maximum penalty for contravening a class licence condition is $22,200 for individuals and $111,000 for corporations, reflecting the seriousness of non-compliance. Additionally, ongoing breaches or serious violations can result in further legal actions, including court proceedings and potential criminal charges, depending on the severity and intent behind the non-compliance. These penalties underscore the importance of adhering to the Act’s provisions and the potential repercussions of failing to do so.