Radiocommunications (861-865 MHz Land Stations and Handsets) Class Licence 1996

Administered by Department of Communications and the Arts

Legislation au F2005B01160 Not in force Legislative Instrument

Legislation content

Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996

as amended

made under subsection 132 (1) of the

Radiocommunications Act 1992

This compilation was prepared on 17 May 2005
taking into account amendments up to Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of class licence [see Note 1]

 2 Definitions

 3 Class Licence 

 4 Conditions — general 

 5 Conditions — standards 

 6 Technical requirements 

Schedule 1 Technical Standards 

Notes  

 

 

 

 

1 Name of class licence [see Note 1]

  This class licence may be cited as the Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996.

Note   This class licence was previously cited as the Radiocommunications Class Licence (861–865 MHz Land Stations).  Provisions in that class licence replace the Radiocommunications (Cordless Telephone Service) Class Licence No. 1 of 1993.

2 Definitions

  In this class licence:

device compliance day, for a land station or handset, means the most recent of the following days:

 (a) if the land station or handset was manufactured in Australia — the day it was manufactured;

 (b) if the land station or handset was manufactured overseas and imported — the day it was imported;

 (c) if the land station or handset was altered or modified in a material respect — the day it was altered or modified.

handset means a handset for a cordless telephone service.

technical standard means a technical standard made by the Australian Communications Authority under section 376 of the Telecommunications Act 1997.

Note   For the definition of other expressions used in this class licence, see the Radiocommunications Act 1992 and the Radiocommunications (Interpretation) Determination 2000.

3 Class Licence

  This class licence authorises a person to operate a land station or handset on a carrier frequency greater than 861 MHz and not exceeding 865 MHz, being a land station or handset that is operated as part of a cordless telephone service.

4 Conditions — general

  A land station to which this licence applies must not be used for the purpose of providing a PACTS.

5 Conditions — standards

  If a device compliance day of a land station or handset is on or after the day on which this section takes effect, the land station or handset must comply with all the radiocommunications standards applicable to it, as in force on the device compliance day.

Note 1   The Australian Communications Authority wishes to make it clear that if a standard is amended or replaced by another standard after a device compliance day for the device, the device need not comply with the amended or new standard.

Note 2   Section 5 of the Act provides that a standard means a standard made under section 162 of the Act.

6 Technical requirements

  A land station or handset to which this class licence applies must comply with the applicable technical standard mentioned in Schedule 1 that:

 (a) applies to the land station or handset; and

 (b) took effect most recently before the device compliance day for the land station or handset.

Schedule 1 Technical Standards

(section 6)

 

 

Item

Description of standard

Date of effect

1

Radio Equipment and Systems Cordless Telephones — CT2 CAI — number TS 019

1 July 1991

2

Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1993

14 July 1993

3

Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1997

25 June 1997

4

Telecommunications Technical Standard (Customer Equipment for use with CT2 CA1 Cordless Telecommunications Systems — ACA TS 019 — 1997)

10 December 1997

 

Notes to the Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996

Note 1

The Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996 (in force under subsection 132 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications Class Licence (861–865 MHz Land Stations)

24 July 1996 (see Gazette 1996, No. GN29)

24 July 1996

 

Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1)

26 Sept 2001 (see Gazette 2001, No. GN38)

26 Sept 2001

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 1.................

rs. 2001 No. 1

S. 2.................

rs. 2001 No. 1

S. 3.................

am. 2001 No. 1

S. 4.................

rs. 2001 No. 1

S. 5.................

ad. 2001 No. 1

S. 6.................

ad. 2001 No. 1

Schedule 1

 

Schedule 1............

ad. 2001 No. 1

 

 

Overview

The Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996, made under the Radiocommunications Act 1992, was introduced to provide a regulatory framework for the operation of land stations and handsets in the 861–865 MHz frequency band. This class licence was enacted by the Australian Parliament to address the need for clear regulations governing the use of specific frequencies for cordless telephone services. The policy objective of this legislation is to ensure that these devices comply with specified technical standards, thereby facilitating efficient and effective communication services while minimising potential interference with other radiocommunications services. The licence sets out conditions for the operation of such devices, including standards compliance and technical requirements, thereby ensuring that these devices operate within the prescribed parameters.

Scope and Application

The Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996, made under subsection 132(1) of the Radiocommunications Act 1992, provides authorisation for the operation of land stations and handsets on carrier frequencies between 861 MHz and 865 MHz as part of a cordless telephone service. This class licence applies to any person or entity that wishes to operate such devices within Australia. The geographical reach of this licence is nationwide, providing a uniform regulatory framework across the Commonwealth. The licence includes specific conditions, such as prohibiting the use of land stations for providing a Publicly Available Cordless Telephone Service (PACTS), and mandates compliance with technical standards as outlined in Schedule 1. The technical standards, which are subject to change and amendment, require adherence by devices manufactured, imported, or materially altered on or after the date of effect of the relevant standard. Notably, this class licence extends its application through amendments and variations, as evidenced by the Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1), which updated the original licence to reflect changes in regulatory standards and operational requirements.

Key Provisions

The Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996 (section 3) authorises individuals to operate land stations or handsets within the specified frequency range of 861–865 MHz, provided these devices are used as part of a cordless telephone service. The definition of "handset" (section 2) clarifies that it refers to a handset for a cordless telephone service, while "device compliance day" (section 2) is the latest date among the device's manufacture, importation, or modification. The licence imposes specific conditions to ensure compliance with technical standards and operational restrictions. Under the licence, a land station must not be used for providing a Publicly Available Cellular Telephone Service (PACTS) (section 4). Additionally, any land station or handset with a device compliance day on or after the effective date of this section must comply with all applicable radiocommunications standards (section 5). This compliance requirement is crucial for maintaining the integrity and safety of the radiocommunications network. Furthermore, technical requirements (section 6) mandate that the devices must adhere to the most recent applicable technical standards listed in Schedule 1, ensuring consistent and updated operational standards. Any breaches of the conditions set out in the Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996 could lead to legal consequences. While the specific penalties are not detailed in the text, violations of radiocommunications regulations generally attract fines and potential criminal charges under the Radiocommunications Act 1992. The exact penalties may vary based on the severity and frequency of the breach, but they could include significant monetary fines and, in some cases, imprisonment for serious offences. Compliance with these regulations is essential to avoid these adverse outcomes.

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