EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 800 MHz Band) 2012
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 800 MHz Band) 2012 (the Advisory Guidelines) is to provide guidance to assist in the protection of radiocommunications receivers operating under apparatus licences in adjacent geographic areas, or adjacent frequency bands from interference caused by radiocommunications transmitters operating under spectrum licences in the 800 MHz band. The Advisory Guidelines are designed to be used by operators of spectrum licensed services and apparatus licensed services in the planning of services or in the resolution of interference.
Legislative Provisions
Under section 262 of the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (the ACMA) may make advisory guidelines about any aspect of radiocommunication or radio emissions.
Subsection 262(2) of the Act provides a non-exhaustive list of examples of the matters about which advisory guidelines may be made, one of which is ‘interference with radiocommunications’.
The Advisory Guidelines are a legislative instrument under the Legislative Instruments Act 2003.
Background
The first 15 year spectrum licences in the 825-845 / 870-890 MHz band (the 800 MHz band) were issued under the Act in 1998.
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 devices operating under 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 respectively.
The Act provides a number of means by which the ACMA may manage interference resulting from operation of a radiocommunications transmitter under a spectrum licence. One of these includes the ability to make advisory guidelines under section 262 of the Act about interference.
The Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed Receivers – 800 MHz Band) 1998 (the 1998 Guidelines) made under section 262 of the Act provide guidance to assist with the protection of apparatus licensed radiocommunications receivers from spectrum licensed radiocommunications transmitters operating in the 800 MHz band. Similarly, the Radiocommunications Advisory Guidelines (Management of Interference from Apparatus-licensed Transmitters – 800 MHz Band) 1998 made under section 262 of the Act deal with managing interference in other specific circumstances.
Current spectrum licences in the 800 MHz band will expire on 17 June 2013. To prepare for the re-issue and/or re-allocation of the spectrum in the 800 MHz band, the ACMA conducted a review of the 800 MHz spectrum licensing technical framework. The aim of the review was to:
˃ ensure flexibility so that a range of modern technologies can be used in the band, with a particular focus on International Mobile Telecommunications (IMT) technologies;
˃ provide conditions that enable continued usage of existing network technologies in the band;
˃ provide interference management within the 800 MHz band, and in adjacent bands; and
˃ address deficiencies that have come to light during the current licence period.
The review recommended that the 1998 Guidelines be amended to account for the modernisation of mobile communications technologies that have occurred since the publication of 1998 Guidelines, as well as to allow for developments that may be expected to take place in the next spectrum licence period. The recommendations included:
> modernising the advisory guidelines through a shift in emphasis away from older technologies that formed the basis of derivation of the current technical framework (i.e. Advanced Mobile Phone System which was the analogue mobile phone network used before the advent of digital technologies) to newer technologies now used, or likely to be used in the future (i.e. IMT technologies);
˃ removing sections that relate to apparatus licensed services that are no longer operational in the 800 MHz spectrum licensed bands; and
˃ changing the protection criteria for receivers of particular services.
The Advisory Guidelines are one of a set of legal instruments being made by the ACMA to vary the spectrum licensing technical framework applicable to the 800 MHz band according to the review recommendations. The Advisory Guidelines revoke the 1998 Guidelines and implement the above recommendations. The ACMA will also make the Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 800 MHz Band) 2012 and the Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Determination 2012. These instruments will replace the current instruments.
Operation
The 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 apparatus licensed radiocommunications receivers of different services in the following circumstances:
˃ trunked land-mobile base radiocommunications receivers operating in the 820-825 MHz band and mobile radiocommunications receivers operating in the 865-870 MHz band (Part 2 of the Advisory Guidelines);
˃ studio transmitter link receivers and sound outside broadcast link radiocommunications receivers, operating in the 845-852 MHz band (Part 3 of the Advisory Guidelines);
˃ Global System for Mobile Communications (GSM) base station radiocommunications receivers, operating above 890 MHz (Part 4 of the Advisory Guidelines); and
˃ use of mobile communications systems on-board aircraft (Part 5 of the Advisory Guidelines).
Operators of spectrum licensed services and apparatus licensed services should use the Advisory Guidelines in the planning of services or the resolution of interference. The ACMA also takes the 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.
Consultation
The ACMA has consulted extensively with stakeholders about the review of the spectrum licensing technical framework for the 800 MHz band.
On 18 July 2011, the ACMA established an advisory body known as a Technical Liaison Group (TLG) to support the review of the technical framework in the 800 MHz band. Incumbent and prospective licensees for the 800 MHz band were invited to participate in the TLG process.
The TLG was tasked to consider and provide advice to the ACMA on technical aspects required for the development or review of the technical framework. These reviews and developments included:
˃ the core conditions of the spectrum licence in accordance with section 66 of the Act;
˃ the radiocommunications advisory guidelines made under section 262 of the Act for the 800 MHz band;
˃ the draft spectrum licence; and
˃ the minimum contiguous bandwidth for spectrum licences in the 800 MHz band.
The ACMA developed four discussion papers which outlined the proposed approach to the spectrum licensing framework for the 800 MHz band. These papers were provided for comment by the ACMA to TLG members. These papers may be found on the ACMA website at http://www.acma.gov.au.
The ACMA took into account the views expressed by TLG members when preparing the draft Advisory Guidelines and released a final response to submissions made by TLG members on 20 February 2012. The draft Advisory Guidelines were available for public comment from 19 June 2012 to 27 July 2012 in order to give all interested parties a further opportunity to comment on the draft technical framework instruments before the final Advisory Guidelines were made by the ACMA. There were two submissions received, including one from an incumbent licensee. After considering the submissions, the ACMA made a minor amendment to the Advisory Guidelines to clarify text surrounding the use of mobile communications systems on-board aircraft in section 5.1 of Part 5 of the Advisory Guidelines. The amendment does not affect the intent or purpose of section 5.1. Minor editorial amendments were also made to the Advisory Guidelines.
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 Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is Attachment B.
Regulatory Impact
Prior to releasing the draft Advisory Guidelines, the ACMA consulted with the Office of Best Practice Regulation (the OBPR) on the requirement for a regulation impact statement (RIS) for this legislative instrument. The OBPR advised that the Advisory Guidelines do not warrant the preparation of a RIS because the instrument is only likely to have minor and machinery impacts. The reference for the OBPR’s assessment is ID 13994.
Documents incorporated by reference
The Advisory Guidelines incorporate the following documents by reference:
˃ The Radiocommunications Assignment and Licensing Instruction No. LM 8 - Frequency Assignment Requirements for the Land Mobile Service (RALI LM 8) which is a document published by the ACMA that provides frequency assignment policy and coordination procedures for single and two frequency land mobile systems employing angle and digital modulation methods. A copy of this document, as in force from time to time, may be obtained from the ACMA’s website at http://www.acma.gov.au.
˃ The Radiocommunications Assignment and Licensing Instruction FX 11 - Studio to Transmitter Links and Sound Outside Broadcasting Services in the 900 MHz band (RALI FX 11) which is a document published by the ACMA that sets out licensing procedures for fixed service low capacity single frequency services used mainly by broadcast services for studio to transmitter links and sound outside broadcast links allocated in the segment 845-852 MHz of the 900 MHz Band Plan. A copy of this document, as in force from time to time, may be obtained from the ACMA’s website at http://www.acma.gov.au.
˃ The spectrum planning report, SP2011-08, prepared by the ACMA, entitled 'Compatibility Evaluation between 800MHz IMT Services and 900MHz GSM Services’ which identifies the interference situations that occur between IMT systems deployed in the 800 MHz band (825-845 MHz and 870-890 MHz) and GSM / IMT systems deployed in the 900MHz band (890-915 MHz and 935-960 MHz). This describes the management strategies used to manage such interference and provides a means of determining the isolation required between IMT base transmitters and GSM base receivers to minimise interference between these systems due to receiver blocking and intermodulation. Copies of this document may be obtained from the ACMA’s website at http://www.acma.gov.au.
˃ The technical specification for the GSM telecommunications system “3GPP TS 45.005 Version 9.3.0 (2010-05), 3rd Generation Partnership Project, Technical Specification Group GSM/EDGE Radio Access Network, Radio Transmission and Reception (release 9)” published by the 3rd Generation Partnership Project (3GPP) in May 2010, as in force on the day the Advisory Guidelines commence. Copies of this document can be accessed through the 3GPP website: http://www.3gpp.org.
Detailed Description of the Instrument
Details of the instrument are set out in Attachment A.
ATTACHMENT A
DETAILS OF THE RADIOCOMMUNICATIONS ADVISORY GUIDELINES (MANAGING INTERFERENCE FROM SPECTRUM LICENSED TRANSMITTERS – 800 MHZ BAND) 2012
Section 1 – Name of Advisory Guidelines
This section provides that the name of the instrument is the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 800 MHz Band) 2012.
Section 2 - Commencement
This section provides that the Advisory Guidelines commence on 18 June 2013.
Section 3 – Revocation
This section revokes the Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed Receivers – 800 MHz Band) 1998. Revocation will take effect on 18 June 2013.
Section 4 – Purpose of these guidelines
This section states the purpose of the Advisory Guidelines is to provide guidance and assistance in managing interference from spectrum licensed radiocommunications transmitters to radiocommunications receivers of an apparatus licensed service operating in or adjacent to the 800 MHz band that is outside the spectrum licensed bands, or outside the spectrum licensed areas. This section also indicates that the Advisory Guidelines should be referred to in the planning of services in the band as well as the settling of any interference dispute that may arise between spectrum licensees and any licensees in adjacent licence areas and bands.
Section 5 – Interpretation
This section provides definitions for the terms used in the Advisory Guidelines. Some terms used in the instrument have the same meaning as in the Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Determination 2012 and the Act.
Part 1 – Background
This Part provides general information and guidance on mitigating interference to apparatus licensed radiocommunications receivers operating in the frequency band directly adjacent to the frequency band in which the spectrum licensed service operates. The Part explains that interference to apparatus-licensed radiocommunications receivers may have a number of causes including - unwanted emissions, receiver blocking from high level signals and intermodulation products created through the mixing of several signals that have a specific frequency relation to the carrier frequency.
Part 1 also explains that the Advisory Guidelines specifically address:
- trunked land-mobile base radiocommunications receivers operating n the 820-825 MHz band and mobile radiocommunications receivers operating in the 865-870 MHz band;
- studio transmitter links and sound outside broadcast link radiocommunications receivers operating in the 845-852 MHz band;
- GSM base stations radiocommunications receivers operating in the 890-915 MHz band; and
- use of mobile communications system on-board aircraft (MCA) systems that operate in adjacent spectrum bands.
Part 2 – Trunked land-mobile receivers
Section 2.1 – Background
This section explains that the trunked land-mobile service operates in bands directly adjacent to those bands allocated to spectrum licensing in the 800 MHz band. Trunked land-mobile base radiocommunications receivers operate in the 820-825 MHz band adjacent to the 825-845 MHz spectrum-licensed band. Similarly, trunked land-mobile mobile radiocommunications receivers operate in the 865-870 MHz band adjacent to the 870-890 MHz spectrum-licensed band.
This section also explains that the ACMA intends to protect trunked land-mobile radiocommunications receivers on a first-in-time basis. This means that radiocommunications receivers that operate under an apparatus licence that is issued prior to the registration of a spectrum licensed transmitter in the Register established under section 143 of the Act (the Register), receive protection in accordance with the Advisory Guidelines.
Section 2.2 – Trunked Land-Mobile Base Station Receivers
This section explains that trunked land-mobile base station radiocommunications receivers operating in the 820-825 MHz band are protected in accordance with the requirements of RALI LM 8.
Section 2.3 – Trunked Land-Mobile Mobile Receivers
This section explains that trunked land-mobile mobile radiocommunications receivers operating in the 865-870 MHz band are protected in accordance with the requirements of RALI LM 8.
Part 3 – Studio transmitter link receivers and sound outside broadcast link receivers
Section 3.1 - Background
This section outlines the allocations to studio transmitter links (STLs) and sound outside broadcast links (SOBs) in the 845-852 MHz band made in accordance with the 900 MHz band plan. The characteristics of these services are explained in RALI FX 11.
This section also explains that the ACMA intends to protect STLs on a first-in-time basis so that those services that operate under licences issued prior to the registration of a spectrum licensed radiocommunications transmitter operating in the 800 MHz band, receive protection under the Advisory Guidelines. SOBs operate in the 845-852 MHz band on a “no interference no protection” basis with regard to other fixed links of the primary service, other SOB links and spectrum licensed services in the adjacent band. The phrase “no interference no protection” refers to a service operating on the basis that it does not cause interference to a primary service and will not receive protection from that service. SOB apparatus licences operating in the 845-852 MHz band are subject to a special licence condition that no interference shall be caused to any radiocommunications station nor service operating on a primary basis and no protection from such stations or services is able to be afforded.
Section 3.2 – Protection requirement for studio to transmitter link receivers
This section explains that apparatus licensed STLs are protected from interference from spectrum licensed radiocommunications transmitters operating in the 800 MHz band in accordance with the conditions of RALI FX 11.
Section 3.3 – Protection requirements for sound outside broadcast link receivers
This section explains that RALI FX 11 does not include any protection requirements for apparatus licensed SOB radiocommunications receivers because of their temporary transitory nature.
Part 4 – GSM base station receivers
Section 4.1 - Background
This section explains that GSM base radiocommunications receivers operate in the adjacent band segment, 890-915 MHz, paired with base radiocommunications transmitters operating in the 935-960 MHz band segment. The protection of GSM receivers in the 900 MHz band is on a first-in-time basis where radiocommunications receivers that operate under apparatus licences issued prior to the registration of a radiocommunications transmitter (in the Register) operating in the 800 MHz band are protected in accordance with the Advisory Guidelines.
Subsection 4.2 – Protection requirements
This section outlines preconditions for protection for GSM radiocommunications receivers operating in the 890-915 MHz band.
Section 4.3 – Additional information on GSM protection requirements
This section explains the current use of filtering at the 890 MHz band edge by existing licensees and indicates that it is expected that licensees in the next spectrum licensing period (that is, for licences issued on or after 18 June 2013) will need to implement similar filtering in the interests of optimal spectrum usage and minimisation of interference.
This section also describes Compatibility Study Report 2011-08 included as part of the framework for determination of isolation requirements between 800 MHz base radiocommunications transmitters and 900 MHz base radiocommunications receivers in order to avoid interference from intermodulation products and receiver blocking. Copies of this document may be obtained from the ACMA’s website at http://www.acma.gov.au.
Part 5 – Use of Mobile Communications Systems On-board Aircraft (MCA)
Section 5.1 Background
This section provides background information on the ACMA’s decision to include guidance on the use of MCA in the spectrum licensed bands. Subsection 5.1(4) provides that it is recommended that the operation of MCA systems in spectrum-licensed bands adhere to the licence conditions imposed on the Public Mobile Telecommunications Service (PMTS) Class C licence in the Radiocommunications Licence Conditions (PTS Licence) Determination 1997. The PMTS Class C licence was created to authorise operation of MCA systems in apparatus-licensed bands and the licence conditions were developed in consultation with industry and take into consideration international deployments of similar systems. Section 5.1 also explains the authorisation for use of MCA systems may be either directly under a spectrum licence or through a third party authorisation entered into in accordance with section 68 of the Act.
Section 5.2 – Recommended MCA Technical Conditions
This section outlines the recommended technical conditions for use of MCA systems in the 800 MHz spectrum licensed band. It includes the frequencies of operation, height restrictions, emissions limits for the base station unit and the system controller unit, and out-of-band emission limits. It is noted that for current MCA systems only the controller unit operates in 800 MHz frequencies.
Section 5.3 – Additional Recommended MCA Conditions
This section outlines recommended additional conditions with regard to MCA systems in terms of operation of the systems whilst an aircraft is on the ground and compliance with systems installation under the Civil Aviation Safety Regulations 1998. The conditions are the same as those applicable to PMTS Class C stations which are specified in the Radiocommunications Licence Conditions (PTS Licence) Determination 1997.
ATTACHMENT B
Statement of compatibility with human rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 800 MHz Band) 2012
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Section 262 of the Radiocommunications Act 1992 (the Act) provides that the Australian Communications and Media Authority (the ACMA) may make advisory guidelines about any aspect of radiocommunication or radio emissions.
The purpose of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 800 MHz Band) 2012 (the Advisory Guidelines) is to provide for the protection of radiocommunications receivers operating under an apparatus licence in adjacent geographic areas, or adjacent frequency bands to the 800 MHz band from spectrum licensed radiocommunications transmitters operating in the 800 Mhz band.
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 Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The Advisory Guidelines are a legislative instrument that is subject to disallowance under section 42 of the Legislative Instruments Act 2003.
Human Rights Implications
The Advisory Guidelines do not engage any of the applicable rights or freedoms.
Conclusion
The Advisory Guidelines are compatible with human rights as they do not raise any human rights issues.