Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009

EXPLANATORY STATEMENT

Issued by the authority of the Australian Communications and Media Authority

Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009

Radiocommunications Act 1992

Purpose

The purpose of the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009 (‘the Revocation’) is to revoke the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) 1998 (‘the Guidelines’).

Legislative Provisions

The Australian Communications and Media Authority (ACMA) may make advisory guidelines under section 262 of the Radiocommunications Act 1992 (the Act).
 

The predecessor to ACMA, the Australian Communications Authority (ACA), made the Guidelines in 1998. In accordance with the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, ACMA is taken to have made the Guidelines under the Act as previously made by the ACA.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to revoke that instrument.

Background

The Molonglo Observatory Synthesis Telescope (MOST) is a radio astronomy telescope located approximately 30 km east of Canberra. MOST is used to monitor radio signals from weak celestial radio sources in a frequency band centred on 843 MHz. MOST is owned and operated by the University of Sydney. The University of Sydney currently holds an Earth Receive apparatus licence for MOST.

The frequency band 825-845 MHz (800 MHz Lower Band) was re-allocated for spectrum licensing in 1997 by the Spectrum Re-allocation Declaration No. 1 of 1997 and the Spectrum Re-allocation Declaration No. 2 of 1997. Transmitters operating in this band have the potential to affect the operation of MOST. Therefore, in preparing for the release of spectrum licences in the 800 MHz Lower Band, the Australian Communications Authority created the Guidelines to offer MOST a 10-year period of protection from interference. They set out a compatibility requirement and provided a basis upon which spectrum licensees could coordinate the operation of their transmitters so as to prevent interference being caused to MOST.

The background section of the Guidelines states that the protection would cease at the end of 2008.

However, the Guidelines do not automatically expire because there is no specific end date in the instrument and it was registered as a legislative instrument after the passage of the Legislative Instruments Act 2003 (the LIA).  In order for the Guidelines to cease to have effect when intended, they must be revoked.

Consultation

In accordance with section 17 of the Legislative Instruments Act 2003 ACMA undertook public consultation on the Revocation. The draft Revocation instrument was released as an ‘issue for comment’ on the ACMA website on 23 December 2008. Key stakeholders (Telstra and the University of Sydney) were also contacted by ACMA directly.

The consultation period ended 9 February 2009. Two submissions were received:

1. Telstra supported the revocation and urged that it take place without undue delay.
2. The University of Sydney did not object to the revocation.

ACMA gave consideration to both submissions.

Regulatory Impact Statement

ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Revocation has no or low impact. In accordance with the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement (RIS). The RIS exemption identification number for this issue is 082.

Detailed description of the instrument

Details of the Revocation are in the Attachment.

Attachment

NOTES ON SECTIONS

Section 1  Name of Instrument

This section names the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009.

Section 2  Commencement

Section 2 provides that the Revocation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3   Revocation

Section 3 revokes the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) 1998.