EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 700 MHz Band) Variation 2025 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 700 MHz Band) Variation 2025 (No. 1) (the Advisory Guidelines Variation) under section 262 of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).
Section 262 of the Act provides that the ACMA may make written advisory guidelines about any aspect of radiocommunication or radio emission.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
Purpose and operation of the instrument
The purpose of the Advisory Guidelines Variation is to amend the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 700 MHz Band) 2023 (the Transmitter Advisory Guidelines).
A spectrum licence permits a licensee, subject to specified conditions, to operate radiocommunications devices within a particular spectrum space, defined by a frequency band and a geographic area. Interference occurring between adjacent spectrum licences consists of in-band interference, across the geographic boundaries, and out-of-band interference, across the frequency boundaries. Interference can also occur between spectrum licensed services and services operating under apparatus and class licensing arrangements.
The Act provides a number of means by which the ACMA may manage interference resulting from the operation of a radiocommunications transmitter under a spectrum licence, including the ability to make advisory guidelines under section 262 of the Act.
The purpose of the Transmitter Advisory Guidelines is to provide guidance to assist in managing the potential for interference to particular radiocommunications receivers, operating under apparatus or class licences, from interference caused by radiocommunications transmitters operating under spectrum licences in the 700 MHz band (700 MHz transmitters), where the 700 MHz transmitters operate in adjacent geographic areas, or adjacent frequency bands, to those receivers. The Transmitter Advisory Guidelines also provide guidance on managing interference across the geographic areas of spectrum licences issued in the 700 MHz band.
The Transmitter Advisory Guidelines aim to manage the potential for unwanted emissions, blocking and intermodulation products caused by radiocommunications transmitters operating under a spectrum licence interfering with radiocommunications receivers in the circumstances specified in the Transmitter Advisory Guidelines. The Transmitter Advisory Guidelines provide advice regarding the management of interference across the geographical areas of the 700 MHz band, and in adjacent frequency bands. Operators of spectrum licensed and apparatus licensed services should use the Transmitter Advisory Guidelines in the planning of services or the resolution of interference. The ACMA will also take the Transmitter Advisory Guidelines into account when determining whether a spectrum licensee is causing interference to a licensed radiocommunications receiver that is operating in accordance with its licence conditions.
Section 9 of the Transmitter Advisory Guidelines provides for suggested out-of-band emission limits from 700 MHz transmitters in relation to some television channels adjacent to the 700 MHz band. As originally drafted, the limits were set by reference to the ‘equivalent isotropic radiated power’ of a 700 MHz transmitter, were different in different parts of the radiofrequency spectrum below 694 MHz and in different geographic areas, and were originally developed to ensure coexistence of mobile phone technology with broadcasting services.
Due to changes in circumstances and technology, the Advisory Guidelines Variation amends section 9 of the Transmitter Advisory Guidelines to allow for a level of power expressed in terms of ‘total radiated power’, that is consistent for all frequencies below 694 MHz and all areas.
The Advisory Guidelines Variation is a disallowable legislative instrument under the Legislation Act 2003 (the LA). The Transmitter Advisory Guidelines are subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.
A provision-by-provision description of the Advisory Guidelines Variation is set out in the notes at Attachment A.
Documents incorporated by reference
The Advisory Guidelines Variation does not incorporate any document by reference.
Consultation
Before the Advisory Guidelines Variation was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
From April 2023 to October 2024, the ACMA established a short-term industry technical liaison group (TLG) to support the review of the 700 MHz band technical framework, including the Transmitter Advisory Guidelines, to assist with the introduction of 5th generation wireless broadband services in the 700 MHz band. In this TLG there was discussion on amending the Transmitter Advisory Guidelines which the ACMA took into account when preparing the draft Advisory Guidelines Variation. A draft version of the Advisory Guidelines Variation was released for public consultation on 19 December 2024, together with the consultation paper Review of the 700 MHz band spectrum licence technical framework. Consultation closed on 28 February 2025.
The ACMA received five responses. Four of the responses supported the Advisory Guidelines Variation. One submission did not comment on the Advisory Guidelines Variation. After considering submissions, the ACMA did not make any changes to the provisions in the draft Advisory Guidelines Variation.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
This statement of compatibility below has been prepared to meet that requirement.
Overview of the instrument
Section 262 of the Act permits the ACMA to make advisory guidelines about any aspect of radiocommunication or radio emissions.
Section 9 of the Transmitter Advisory Guidelines provides for suggested out-of-band emission limits from 700 MHz transmitters in relation to some television channels adjacent to the 700 MHz band. As originally drafted, the limits were set by reference to the ‘equivalent isotropic radiated power’ of a 700 MHz transmitter, were different in different parts of the radiofrequency spectrum below 694 MHz and in different geographic areas, and were originally developed to ensure coexistence of mobile phone technology with broadcasting services.
Due to changes in circumstances and technology, the Advisory Guidelines Variation amends section 9 of the Transmitter Advisory Guidelines to allow for a level of power expressed in terms of ‘total radiated power’, that is consistent for all frequencies below 694 MHz and all areas.
Human rights implications
The ACMA has assessed whether the Advisory Guidelines Variation is compatible with human rights, being the rights and freedoms recognised or declared in the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Having considered the likely impact of the Advisory Guidelines Variation and the nature of the applicable rights and freedoms, the ACMA has formed the view that it does not engage any of those rights or freedoms.
Conclusion
The Advisory Guidelines Variation is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 700 MHz Band) Variation 2025 (No. 1)
Part 1–Preliminary
Section 1 Name
This section provides for the Advisory Guidelines Variation to be cited as the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 700 MHz Band) Variation 2025 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely section 262 of the Act.
Section 4 Variations
This section advises that Schedule 1 sets out the variations to the Transmitter Advisory Guidelines.
Schedule 1–Variations
Item 1
Item 1 omits the text “in areas where these channels are used” from section 8 of the Transmitter Advisory Guidelines. This is because the emission limit in section 9 now applies consistently across Australia.
Item 2
Item 2 repeals and replaces section 9 of the Transmitter Advisory Guidelines.
This change simplifies out-of-band emission limits for 700 MHz transmitters. A single limit of - 42 dBm total radiated power is averaged over an 8 MHz bandwidth and applies to these transmitters regardless of whether they are deployed in areas where UHF broadcast channels 49, 50 and 51 are used, sometimes called ‘Block E’ areas, or not.