EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 413.
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
The Radiocommunications Act 1983 (the Act) provides the legal framework for the management of the radio frequency spectrum. Part IV of the Act provides the basis for planning the use of the spectrum. The primary planning instrument is the spectrum plan which divides the radio frequency spectrum into a number of bands and specifies the general purpose or purposes for which each band may be used. The basic objective of the spectrum plan is to permit the maximum use of spectrum while minimising interference between the different services licensed under the Act.
The allocation of frequencies in the spectrum plan is made in accordance with an international planning process through the International Telecommunication Union which is designed to provide international co-ordination of spectrum use and prevent the services of one nation interfering with those of another nation.
Subsection 18(1) of the Act provides that the Minister may, by instrument in writing, prepare a spectrum plan.
Subsection 18(2) of the Act provides that a plan prepared by the Minister under subsection 18(1) shall -
(a) divide the spectrum into such number of frequency bands as the Minister thinks appropriate and assign a name or other designation to each band;
(b) designate a band or bands as a band or bands to be used primarily for the general purposes of defence; and
(c) specify the general purpose or purposes for which each other band may be used.
Under subsection 19(1) of the Act, the Minister may prepare for each frequency band a plan not inconsistent with the spectrum plan. Paragraph 24(2)(c) of the Act requires the Minister, in exercising the power to grant a transmitter licence, to have regard to whether or not he or she is satisfied that the proposed operation of the transmitter is in accordance with the appropriate frequency band plan. Paragraph 25(1)(a) of the Act
makes a transmitter licence subject to a condition that the holder of the licence will not permit the operation of the transmitter except for a purpose specified in the licence which cannot be inconsistent with a purpose specified in the appropriate frequency band plan.
Subsection 20(1) of the Act provides, inter alia, that before preparing a spectrum plan, the Minister shall publish the plan that he proposes to prepare and invite interested persons to make representations in connection with the proposed plan.
The Minister for Transport and Communications published a notice in the Commonwealth of Australia Gazette No. GN8 of 28 February 1990 setting out a proposed plan and inviting interested persons to comment on it by 31 May 1990. The proposed plan was circulated for comment to major Government users. Representations were made to the Minister in connection with the proposed plan by a range of organisations, including AUSSAT, Motorola Australia Pty Ltd, Telecom, OTC, and the Wireless Institute of Australia and after giving due consideration to the representations so made some alterations were made to the proposed plan. Some changes of style were also made to the plan to put it in a form appropriate for publication as a statutory rule. The plan was signed by the Parliamentary Secretary to the Minister for Transport and Communications on..7. 4f«** Mr. 1990.
NOTES ON THE SPECTRUM PLAN
PART 1 - PRELIMINARY
Clause 1 - Citation
This clause enables the spectrum plan to be cited as the Radiocommunications - Australian Spectrum Plan. This is the first spectrum plan prepared by the Minister under section 18 of the Act. Until this plan was prepared, the spectrum plan consisted of the table of frequency allocations for Australia set out in the document entitled ‘Australian Table of Frequency Allocations (9kHz - 400 GHz)’ published in 1982 by the Australian Government Publishing Service (see paragraph (a) of the definition of ‘spectrum plan’ in section 17 of the Act).
Clause 2 - General
This clause sets out general information providing a background to the preparation of the plan. It mainly concerns the international agreements governing the use of the radio spectrum in accordance with which the plan has been prepared.
The details of the relevant international agreements would not be readily available to many Australian users of the plan. Accordingly, the relevant detail of the international arrangements has been included in the plan to assist users.
In particular. Column 1 of the Table of Frequency Allocations in Part 5 details the frequency allocations for the 3 World Regions alongside the Australian table of allocations in Column 2. This assists Australian spectrum users to compare spectrum usage in Australia and elsewhere in our Region and in other Regions. This information is useful, for example, for persons concerned with the manufacture of telecommunications equipment for export, or importers considering the suitability of foreign equipment for use in Australia.
Clause 2(2) identifies the primary basis for the structure of the spectrum plan as being the Table of Frequency Allocations in the Radio Regulations of the International Telecommunication Union.
Clause 2(3) contains a chart which gives a guide to the countries which fall within each Region.
Clause 2(4) identifies the boundaries of the Regions in the chart in clause 2(3).
Clause 2(5) identifies relevant Radio Regulations published by the International Telecommunication Union, where a full description of the boundaries of each Region is found.
Clauses 2(6) and (7) explain certain terms used in the Plan.
Clauses 2(8), (9) and (10) identify the ‘Tropical Zone’. Part 7 of the plan lists individual footnotes to the Radio Regulations found in the Table of Frequency Allocations in Part 5. Some of those footnotes modify the application of particular frequency bands in the Tropical zone to take account of particular atmospheric conditions found there.
The note to clause 2 identifies, for users of the plan, some of the regulatory framework governing licensing of radiocommunications transmitters. In particular, it identifies
specific matters that the Minister is required to have regard to under section 24 of the Act when exercising the powers to grant a transmitter licence.
The note also identifies the provision of the Act which subjects a transmitter licence to conditions and specifically draws to the attention of users the condition created by paragraph 25(1)(a), a condition which limits the operation of a licensed transmitter to purposes consistent with the purposes specified in the appropriate frequency band plan.
Clause 3 - Alternative Allocations
Clause 3 sets out further background to the preparation of the plan by identifying the constraints under which Australia is required to act in preparing the spectrum plan in accordance with its international obligations.
In some of the frequency bands in the Table of Frequency Allocations in Part 5, the Australian allocation is different to that provided in the Radio Regulations Table of Allocations for Region 3 (the Region in which Australia is situated). This clause provides that Australia is only permitted to adopt alternative allocations where no harmful interference is caused to stations operating in other countries in accordance with the international agreement and Australia accepts that there may be harmful interference from overseas stations operating in accordance with the international agreement.
Clause 4 - Restriction of a Use of Certain Bands to the Tropical Zone
Clause 4 notes that under the relevant international agreements, certain frequency bands can only be used for broadcasting services in the Tropical Zone in all or certain Regions.
Clause 5 - Interpretation
This clause provides definitions of terms used in, and rules for the interpretation of, the spectrum plan.
Clause 5(1) defines various terms used in the plan.
Clause 5(2) provides that unless the contrary intention appears, any expression used in the spectrum plan that is defined in the Act or the Radiocommunications (Licensing and General) Regulations has the same meaning in the plan as in the Act or Regulations.
Clause 5(3) explains the term ‘Radio Regulations’ and identifies when revisions and modifications of the Radio Regulations have been made.
PART 2 - STRUCTURE OF THE PLAN
Parts 2 and 3 of the Plan, read together, explain how to read the Plan.
Clause 6 - The structure of the Plan, etc.
Paragraph 18(2)(a) of the Act provides that a spectrum plan prepared by the Minister under subsection 18(1) shall divide the spectrum into such number of frequency bands as the Minister thinks appropriate and assign a name or other designation to each band.
Clauses 6(1)(a) to (c) indicate that the Table in Part 5 divides the spectrum into frequency bands.
Clause 6(1)(d) indicates that Column 2 of the Table allocates services in Australia to frequency bands.
Clause 6(1)(e) assigns a name to each frequency band. The name consists of the 2 numbers in the top left hand corner of the box containing the band and the unit of frequency set out at the top of the table on the page containing the frequency band. The example is given of the ‘9 to 14 kilohertz band’ on the first page dealing with Part 5.
Clause 6(1)(f) indicates that the frequencies contained in each band are those greater than the first number up to and including the second number eg. above 9 kilohertz up to and including 14 kilohertz.
Paragraphs 18(2)(b) and (c) of the Act provide that a spectrum plan prepared by the Minister under subsection 18(1) shall -
(b) designate a band or bands as a band or bands to be used primarily for the general purposes of defence; and
(c) specify the general purpose or purposes for which each other band may be used.
In relation to paragraph 18(2)(b), see the notes on clause 12.
The requirement in paragraph 18(2)(c) to specify purposes for which each band may be used is met by listing the purposes in the Table in Part 5. Other purposes may be listed, or
modifications to the purposes may be specified, in footnotes to each frequency band. The text of the footnotes is set out in Parts 6 and 7 of the plan.
Clause 6(1)(a)(iii) describes how the status of individual services listed in each band may be identified. A more detailed description of the effect of their status is found in Part 3.
Clauses 6(1)(h) and (i) explain how additional words are used in the Table in Part 5 to limit the purpose for which the band may be used in relation to a particular service.
Clause 6(1)(i) explains the operation of the international footnotes in the table, the content of which are set out in Part VII. These footnotes have equivalent status to entries in the Table in Part 5 and accordingly, the purposes for each frequency band set out in the Table must be read together with the applicable footnotes.
Clause 6(1)(k) explains that additional and alternative allocations to Australia in Column 2 of the Table differing from the Table in Column 1 for Region 3 (where Australia is situated) are made by an entry on the Table or a footnote.
Clause 6(1) (l) explains the operation of the Australian footnotes, the text of which are set out in Part 6, and which also have equivalent status to the entries in the Table.
Clauses 6(1)(m) and (n) give further details of the operation of the footnotes.
The note to clause 6(1) indicates that the Commonwealth will have regard to the requirements of footnotes from the Region 3 part of Column 1 that are operative in Australia.
Clause 6(2) notes that the operation of a service in a frequency band allocated by Column 2 in Australia that is not so allocated in Region 3 by the international agreements is constrained by any restraints specified in relation to that service in Column 2 or a relevant footnote and the requirement in Radio Regulation ‘342 that no harmful interference be caused to services operating in accordance with the international agreements.
Clause 6(3) notes that the requirements for international coordination and notification of services under the Radio Regulations apply.
Subsection 4(1) of the Broadcasting Act 1942 and subsection
6B(3) of the Radio Licence Fees Act 1964 contain definitions of the terms ‘medium frequency band’ and ‘very high frequency band’ which refer to the bands designated in the spectrum plan as those bands.
Clause 6(4) designates certain frequency bands as the medium frequency band and the very high frequency band to enable those definitions to continue to operate after the preparation of the Plan.
PART 3 - CATEGORIES OF SERVICE AND ALLOCATIONS
Clause 7 - Primary, Permitted and Secondary Services
This clause identifies the different categories of service that may be listed as the purposes of the frequency bands in the Table in Part 5. These categories of services are primary, permitted and secondary services, and each has different characteristics for planning purposes.
Clauses 7(1) and (2) explain how each category of service is represented in the Plan.
Clause 7(3) provides that permitted and primary services are given an equal status, except that primary services have first choice of frequencies.
Clause 7(4) provides that secondary services have an inferior status to primary and permitted services.
The note to clause 7(4) indicates that stations of a secondary service are not to cause harmful interference to stations of a primary or permitted service and stations of a secondary service cannot claim protection from interference caused by stations of a primary or permitted service. Stations of a secondary service can claim protection from harmful interference caused by other stations of a secondary service to which frequencies may be assigned at a later date.
Clauses 7(5) and (6) provide for the interpretation of certain terms concerning categories of service used in the footnotes.
Clause 8 Additional Allocations
This clause explains the meaning of the expression ‘also allocated’ which is used in some of the international and Australian footnotes in the Table in Part 5 to make allocations of services additional to those in the Table.
Clause 9 - Alternative Allocations
This clause provides for the making of alternative allocations, which replace the allocation specified in the Table in Part 5 in relation to a particular area or in the case of Column 1, a particular country. The alternative allocation is made by the use of the expression ‘allocated’ rather than ‘also allocated’.
Clause 10 - Miscellaneous Provision
This clause provides a miscellaneous rule for interpreting the plan in relation to the term ‘fixed service’.
PART 4 - GENERAL PURPOSES OF FREQUENCY BANDS
Clause 11 - General Purposes for Each Frequency Band
The Table in Part 5 specifies the general purposes for which each of the frequency bands in that Table may be used. This clause specifies further general purposes for which each of the frequency bands may be used.
Clause 11(1) makes it clear that each of the general purposes specified in clause 9 is subject to the overriding rules in Article 8 of the Radio Regulations specified in clause 3.
Clause 11(2) enables an experimental station to be licensed in any frequency band on a secondary service basis.
Clause 11(3) enables atmospheric and ionospheric sounders to be licensed on any frequency band on a secondary service basis.
Clause 11(4) recognises that from time to time changes will be made to the purposes for which a frequency band may be used. In these circumstances, it may be necessary to make transitional arrangements to facilitate the new arrangements.
The note to clause 11 indicates that under the Radiocommunications (Licensing and General) Regulations (regulation 6 and Schedule 3), certain transmitters (such as low power transmitters for control of toys and models) are exempt from licensing requirements under the Act although they may operate on certain frequencies only, which may fall in bands allocated to other services.
Clause 12 - Use of Frequency Bands for Defence Purposes etc
Paragraph 18(2)(b) of the Act provides that a spectrum plan prepared by the Minister under subsection 18(1) shall designate
a band or bands as a band or bands to be used primarily for the general purposes of defence.
Clause 12(1) designates the bands in the Table in Part 5 containing the footnotes AUS1, AUS9 and AUS28 as bands to be used primarily for the general purposes of defence.
Clause 12(2) notes that certain other footnotes in the Table in Part 5 indicate that the relevant services in certain bands are designated for defence purposes.
Clause 12(3) enables each of the bands in the Table in Part 5 to be used for assignment of a frequency when it is in the public interest for reasons of defence or national security to do so.
PART 5 - TABLE OF FREQUENCY ALLOCATIONS
This Part sets out the table of frequency allocations for the radio spectrum. The Table divides the spectrum into frequency bands from 9kHz to 400 GHz and specifies the general purposes for which each band may be used.
Instructions on how to read the entries in the Table and their significance are” found in Parts 3 and 4 of the plan.
PART 6 - AUSTRALIAN FOOTNOTES
This part gives the text of the Australian Footnotes which appear in Column 2 of the Table in Part 5.
The footnotes have discontinuous numbering as the Plan has existed in draft form for some time and has been used to assist in negotiations at International conferences. Some earlier footnotes have been repealed. The numbering is remaining the same to prevent confusion at future conferences when the plan is compared with earlier drafts.
PART 7 - FOOTNOTES TO ARTICLE 8 OF THE ITU RADIO REGULATIONS
This Part gives the text of the international footnotes which appear in both columns 1 and 2 of the Table in Part 5.
The footnotes are the same as the footnotes to Article 8 of the International Telecommunication Union Radio Regulations. Although not all of the footnotes are strictly relevant to Australia, they have been included to assist Australian spectrum users who may not have ready access to the Radio Regulations.
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December 1990
GOVERNMENT ISSUES AUSTRALIA’S FIRST SPECTRUM PLAN
Australia’s new radio frequency spectrum plan was issued today superceding the Australian Table of Frequency Allocations which was published in 1982.
“Publication of the Australian Spectrum Plan is a milestone in the management of the radio frequency spectrum in Australia,” Warren Snowdon, Parliamentary Secretary to the Minister for Transport and Communications, said today.
Mr Snowdon said the plan would be an invaluable document for present and future users of the spectrum.
“It is now the legal basis for allocating spectrum to all types of services in Australia, including broadcasting, mobile radio, aviation, defence, radioastronomy, and many other services.
The plan also sets out Australian use of the spectrum in the context of world spectrum allocations and provides a framework for the lower level detailed planning of individual services.
It will be the starting point whenever innovative changes in spectrum use are considered at national and international levels.”
Mr Snowdon said the plan reflected world and regional spectrum allocations established by the International Telecommunication Union, of which Australia is a member.
The Australian Spectrum Plan was developed following extensive consultations with major government users, and telecommunications authorities. It was gazetted for public comment on 28 February 1990 and has received wide support.
The plan is available for purchase at $… at Australian Government Publishing Service bookshops in the capital cities.
Media Contacts:
Mr Snowdon’s Office: Julie Allais (06) 277 4877
Department: Graeme Barrow (06) 274 7856