Overview

The Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers – 1800 MHz Band) 1999 Amendment 1999 (No. 1) was enacted in 1999 by the Australian Communications Authority under section 262 of the Radiocommunications Act 1992. This legislative instrument was introduced to address the need for updated guidelines to ensure the protection of apparatus-licensed and class-licensed receivers within the 1800 MHz band, thereby preventing interference and ensuring efficient use of the radio spectrum. The amendment was made to refine the guidelines and improve the overall regulation of radiocommunications, ensuring that the specified receivers operate without undue interference. This amendment was developed to align with the overarching policy objectives of the Radiocommunications Act 1992, which aims to provide a regulatory framework that promotes the efficient use of the radio spectrum and protects radiocommunication services. By making these adjustments, the Australian Communications Authority sought to enhance the operational efficacy and reliability of receivers within the designated frequency band, ensuring that they function optimally within the broader radiocommunications environment.

Scope and Application

The Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers – 1800 MHz Band) 1999 Amendment 1999 (No.1) applies to the protection of apparatus-licensed and class-licensed receivers operating in the 1800 MHz band. It serves to amend existing guidelines under the Radiocommunications Act 1992, specifically targeting the mitigation of interference to radio apparatus licenses and class licenses in the designated frequency band. This amendment extends its application across the Commonwealth of Australia, impacting entities and individuals who operate within the telecommunications sector, including businesses and consumers who rely on radio apparatus and receivers for communication services. The determination itself is effective from the date of its enactment, ensuring immediate applicability to relevant parties and activities within the specified band.

Key Provisions

The Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers – 1800 MHz Band) 1999 Amendment 1999 (No.1) introduces specific amendments to the Radiocommunications Advisory Guidelines that were originally established in 1999. The amendments are outlined in Schedule 1 of the determination and focus primarily on modifying certain technical specifications within the 1800 MHz frequency band. Specifically, the amendment involves changing the frequency from 1875.5 MHz to 1877.5 MHz, as noted in subclause 4.3, Footnote 4 of the original guidelines. This amendment aims to enhance the protection of apparatus-licensed and class-licensed receivers within this specific frequency range. The Act imposes certain obligations and requirements on parties and entities governed by the Radiocommunications Advisory Guidelines. These obligations include ensuring that any apparatus or devices operating within the 1800 MHz band comply with the amended technical specifications. This involves adherence to the new frequency parameters, as outlined in the amendment. The entities must also ensure that their operations do not interfere with other licensed users within the same frequency band. Additionally, any changes in operational parameters or equipment must be reported to the relevant authorities, ensuring that the guidelines are consistently followed and updated as necessary. Failure to comply with the amended Radiocommunications Advisory Guidelines can result in various consequences, both civil and criminal. Under the Radiocommunications Act 1992, non-compliance may lead to penalties imposed by the Australian Communications Authority. These penalties can include fines, orders to cease operations, or other corrective actions deemed necessary by the Authority. The specific penalties depend on the severity and frequency of the non-compliance and may vary based on the nature of the infringement. It is essential for entities to be aware of these potential consequences to ensure adherence to the regulatory framework.