Radiocommunications (Certificates - 27 GHz Band) Determination 2000

Overview

The Radiocommunications (Certificates—27 GHz Band) Determination 2000, made by the Australian Communications Authority under section 266A of the Radiocommunications Act 1992, was introduced to address the specific issue of managing interference for devices operating within the 27 GHz band. This determination was enacted to ensure that the issuance of certificates for such devices would comply with the stringent requirements set out in the Radiocommunications (Unacceptable Levels of Interference—27 GHz Band) Determination 2000. The primary objective of this legislation is to maintain acceptable levels of interference by requiring accredited persons to verify that the operation of any transmitter within the specified frequency range will not result in unacceptable interference, thus maintaining the integrity and efficiency of the radiocommunications system.

Scope and Application

The Radiocommunications (Certificates—27 GHz Band) Determination 2000 applies to the issuance of certificates under subsection 145(3) of the Radiocommunications Act 1992 for transmitters operating within the 27 GHz band, specifically the frequency range of 26.5 GHz to 27.5 GHz. This determination sets the conditions that an accredited person must satisfy before issuing a certificate, ensuring that the operation of a transmitter within this frequency band will not result in an unacceptable level of interference. This condition is in line with the Radiocommunications (Unacceptable Levels of Interference—27 GHz Band) Determination 2000, which outlines the specific parameters for acceptable interference levels. The application of this legislation extends to all entities and persons who seek to operate transmitters within the specified band, including both commercial and private users. This determination operates nationally, as it is a Commonwealth regulation under the Radiocommunications Act 1992. There are no explicit exclusions or exemptions mentioned within the determination, but it is implicitly understood that any entity or person operating outside the 27 GHz band is not subject to these conditions.

Key Provisions

The Radiocommunications (Certificates—27 GHz Band) Determination 2000 provides the specific condition under which a certificate may be issued for a transmitter operating within the 27 GHz band (Clause 5). It stipulates that the accredited person, who is authorised under section 263 of the Radiocommunications Act 1992, must be satisfied that the operation of the device will not cause an unacceptable level of interference, as defined in the Radiocommunications (Unacceptable Levels of Interference—27 GHz Band) Determination 2000. This ensures that the issuance of certificates for this particular band is contingent on a thorough assessment of potential interference issues. The obligations imposed by this Determination are primarily on accredited persons who are responsible for evaluating and certifying transmitters in the 27 GHz band. They must conduct a detailed assessment to ensure that the devices they certify will not cause unacceptable levels of interference, adhering strictly to the criteria outlined in the s.145 determination (Clause 5). This obligation ensures that the spectrum is used in a manner that minimises potential disruptions to other communications services. In terms of consequences for non-compliance, the Determination does not explicitly detail specific offences or penalties within its text. However, the overarching Radiocommunications Act 1992, under which this Determination operates, includes provisions for penalties. For instance, under section 268 of the Act, penalties for contravening the Act can include substantial fines. The specific maximum penalties would be dictated by the nature of the offence and the relevant provisions of the Act, but they can include fines up to $110,000 for corporations and $22,000 for individuals, depending on the severity of the breach. Such penalties underscore the importance of compliance with the conditions set out in the Determination.