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

Overview

The Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009 was enacted to revoke the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) 1998, which had provided a 10-year protection period for the Molonglo Observatory Synthesis Telescope (MOST) from interference in its frequency band. The Revocation was issued by the Australian Communications and Media Authority (ACMA), pursuant to section 262 of the Radiocommunications Act 1992, and was introduced to ensure that the protection afforded to MOST ceased as intended at the end of 2008. The revocation was necessary because the Guidelines, lacking a specific end date, did not automatically expire and needed to be formally revoked to cease their effect. The policy objective was to protect the operations of the MOST during the transition period when the 800 MHz Lower Band was re-allocated for spectrum licensing, thereby ensuring that the valuable radio astronomy work conducted by the MOST was not compromised by interference from newly licensed transmitters.

Scope and Application

The Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009 applies to the revocation of the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) 1998, which were created to protect the operation of the Molonglo Observatory Synthesis Telescope from interference. This instrument is made under the Radiocommunications Act 1992 and applies to the Commonwealth of Australia. It revokes the guidelines that were established by the Australian Communications Authority (now the Australian Communications and Media Authority) to safeguard the operations of the Molonglo Observatory Synthesis Telescope from potential interference caused by transmitters operating in the 825-845 MHz frequency band. The revocation is effective as of the day after the instrument is registered on the Federal Register of Legislative Instruments. The revocation does not automatically expire, as there is no specific end date in the original guidelines and it was registered as a legislative instrument after the passage of the Legislative Instruments Act 2003. The revocation has been determined to have no or low regulatory impact, and thus no Business Cost Calculator report or Regulation Impact Statement was required.

Key Provisions

The Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) Revocation 2009 (the Revocation) is a legislative instrument that revokes the Radiocommunications Advisory Guidelines (Protection of Molonglo Observatory Synthesis Telescope) 1998 (the Guidelines) (section 1). The Revocation itself commences on the day after it is registered on the Federal Register of Legislative Instruments (section 2). The primary objective of this Revocation is to formally terminate the Guidelines that were established in 1998 to protect the Molonglo Observatory Synthesis Telescope (MOST) from potential interference caused by radio transmitters operating in the 825-845 MHz frequency band (section 3). The Guidelines, originally made by the Australian Communications Authority (ACA) and later treated as if made by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, provided a framework to ensure the compatibility of operations between spectrum licensees and the observatory over a 10-year period. The Revocation imposes a formal obligation on ACMA to revoke the Guidelines, which had been designed to safeguard the operation of the MOST, a radio astronomy telescope located near Canberra. The Guidelines specified a compatibility requirement to prevent interference with the telescope, which was crucial for its research activities focused on weak celestial radio sources at 843 MHz. By revoking these Guidelines, ACMA is legally mandated to ensure that the protective measures they established are no longer in effect, reflecting the completion of the 10-year protection period. The University of Sydney, which operates MOST, and other relevant stakeholders, are required to adjust their operations in accordance with this change, potentially necessitating new coordination measures to manage any interference risks. Under the Radiocommunications Act 1992, the revocation of the Guidelines has specific implications for parties governed by the Act, including spectrum licensees and the University of Sydney. Spectrum licensees must now operate their transmitters without the specific protections outlined in the Guidelines, requiring them to take independent measures to ensure their operations do not interfere with the MOST. The University of Sydney, as the operator of the telescope, must adapt to the new regulatory environment and ensure that the observatory continues to function without the specific protections that were in place. The revocation also places a responsibility on ACMA to monitor and ensure compliance with the new regulatory standards post-revocation. There are no explicit offences, penalties, or civil/criminal consequences stated in the Revocation itself for breaching the revoked Guidelines. However, any failure to comply with the requirements of the Radiocommunications Act 1992, such as causing interference to the MOST, could lead to enforcement actions by ACMA. Such actions might include issuing compliance notices, imposing administrative penalties, or pursuing legal remedies under the Act. The potential penalties for causing interference could vary based on the severity and intent of the breach but are governed by the provisions of the Radiocommunications Act 1992, which may include fines and other sanctions.