Explanatory Statement
Issued by the authority of the Australian Communications Media Authority (‘ACMA’)
Radiocommunications Act 1992
Radiocommunications (Certificates—27 GHz Band) Determination ( Revocation) 2005
Legislative Provisions
Part 3.2 the Radiocommunications Act 1992 provides for the issuing of spectrum licences. Section 69 provides that a spectrum licence must include a condition that the relevant transmitter is not to be operated under the licence unless the requirements of Part 3.5 for registration of the transmitter have been met.
Part 3.5 provides for the creation and maintenance of a Register of Radiocommunications Licences (section 143). The register must contain certain information about each licence in question (section 144).
Section 145 provides that ACMA may refuse to include on the register the details of a radiocommunications transmitter if ACMA is satisfied that the transmitter could cause an unacceptable level of interference.
Sub-section 145(3) also provides that, before entering a transmitter’s details in the Register, ACMA may require a certificate from a person accredited under section 263. That person must state that the operation of the device satisfies any conditions which have been imposed by way of a section 266A Determination.
Background
The Radiocommunications (Certificates - 27 GHz Band) Determination 2000 was made under section 266A as part of the product offering for the 27 GHz band allocation in September 2000. The determination set out the conditions which had to be met for the issue of a section 145(3) certificate concerning interference management when licensees register a transmitter under a spectrum licence in the 27 GHz band.
Shortly after this determination was made a, generic version of the certificates determination was made - the Radiocommunications (section 145(3) Certificates) Determination 2000. This was intended to apply to all spectrum licensed bands and rendered the 27 GHz band specific determination redundant. The Radiocommunications (Certificates - 27 GHz Band) Determination 2000 determination was not revoked at that time because its terms remained consistent with the generic determination which applied to all bands.
However, as the result of ACMA making the Radiocommunications (section 145(3) Certificates) Amendment Determination 2005 (No. 1) and the Radiocommunications (Accreditation — Prescribed Certificates) Amendment Principles (No. 1) on 13 October 2005, the Radiocommunications (Certificates—27 GHz Band) Determination 2000 will no longer reflect current procedures for device registration and will no longer remain consistent with the generic determination.
Accordingly, the Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005 revokes the Radiocommunications (Certificates—27 GHz Band) Determination 2000. Certificates for 27 GHz Band applications will, from 1 January 2006 fall within the amended Radiocommunications (section 145(3) Certificates) Determination 2000.
Consultation
The proposed changes to device registration have been formulated in response to industry feedback and the Productivity Commission (PC) Review of Radiocommunications released by the Government in December 2002. After the Government’s endorsement of the PC report ACMA conducted an industry forum on spectrum licensing in which options for implementing improved device registration were canvassed.
In October 2003 the Radiocommunications Consultative Council (a high level joint industry/regulator body) examined the issue and suggested ACMA undertake further industry consultation to determine the best way forward.
In December 2003 a public discussion paper on this topic was published by ACMA putting forward the two proposals for change. These changes were –
(a) certification for all registered devices; and
(b) clarifying the advisory guidelines for use of guard space for interference management when registering devices under spectrum licensing.
Five industry submissions were received in response to the paper. Two of these argued that the proposed changes are unnecessary, while the other three supported the changes. As a result of subsequent discussion in which the intent and content of the proposed changes were clarified, the two who argued the changes were unnecessary withdrew their objections.
No additional consultation has been conducted in relation to the Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005. This is because it is considered to be of a minor nature and results in only a machinery change. The revocation will ensure that the uniform scheme envisaged in the original consultation is brought into effect.
Details of the Determination
Section 1 - Title
Section 1 provides for how the amendment principle is to be cited.
Section 2 - Commencement
Section 2 sets the commencement date as 1 January 2006.
Section 3 – Repeal
Section 3 revokes the Radiocommunications (Certificates—27 GHz Band) Determination 2000.
Overview
The Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005, enacted by the Australian Communications Media Authority (ACMA) under the Radiocommunications Act 1992, aims to address the redundancy of the Radiocommunications (Certificates—27 GHz Band) Determination 2000. This revocation was prompted by the issuance of the Radiocommunications (section 145(3) Certificates) Amendment Determination 2005 (No. 1) and the Radiocommunications (Accreditation—Prescribed Certificates) Amendment Principles (No. 1) on 13 October 2005, which updated procedures for device registration. The Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005 ensures that the 27 GHz Band will fall under the amended Radiocommunications (section 145(3) Certificates) Determination 2000 from 1 January 2006. The policy objective of this determination is to streamline and modernise the certification process for radiocommunications transmitters, ensuring consistency across all spectrum bands and reflecting current industry practices. This change was formulated in response to industry feedback and the recommendations of the Productivity Commission’s Review of Radiocommunications, as well as through extensive consultation with industry stakeholders.
Scope and Application
The Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005 operates within the framework of the Radiocommunications Act 1992, specifically concerning the management and licensing of spectrum in the 27 GHz band. This determination applies to entities or individuals who hold a spectrum licence that involves the use of radiocommunications transmitters in the specified frequency range. The revocation of the Radiocommunications (Certificates—27 GHz Band) Determination 2000, and its replacement by the amended Radiocommunications (section 145(3) Certificates) Determination 2000, aims to align the regulatory requirements for device registration with updated procedures and standards. The revocation ensures that the uniform scheme for device certification and registration is implemented consistently across all spectrum bands, thereby enhancing the efficiency and effectiveness of interference management in radiocommunications. The determination reflects a machinery change designed to streamline and modernise the licensing process, ensuring that all licensees comply with the current regulatory environment set out by the Australian Communications Media Authority (ACMA).
Key Provisions
The Radiocommunications (Certificates—27 GHz Band) Revocation Determination 2005, issued under the Radiocommunications Act 1992, focuses on the revocation of a specific previous determination related to spectrum licensing for the 27 GHz band. Section 3 of the Determination revokes the Radiocommunications (Certificates—27 GHz Band) Determination 2000, which previously set out conditions for the issuance of certificates related to interference management for transmitters in that band. This revocation is intended to align the procedures for device registration with the amended Radiocommunications (section 145(3) Certificates) Determination 2000, effective from 1 January 2006.
Under the Radiocommunications Act 1992, certain obligations and requirements are imposed on entities and parties involved in spectrum licensing and transmitter operations. Section 69 mandates that a spectrum licence must include a condition preventing the operation of the transmitter unless the transmitter has been registered under Part 3.5 of the Act. Section 143 establishes the Register of Radiocommunications Licences, which must include specific information about each licence as per section 144. The Australian Communications and Media Authority (ACMA) has the discretion under section 145 to refuse to include a transmitter’s details on the register if it is believed that the transmitter could cause unacceptable interference. Additionally, ACMA may require a certificate from an accredited person under section 263 before entering a transmitter’s details into the Register, ensuring that the operation of the device meets conditions set by a section 266A Determination.
The Determination also outlines the consequences for non-compliance with the requirements set forth in the Act. While the Determination itself does not explicitly state offences or penalties, the overarching Radiocommunications Act 1992 provides a framework for penalties and enforcement. Failure to comply with the registration requirements or operating a transmitter without meeting the conditions could result in significant penalties. For instance, under the Act, non-compliance with spectrum licensing conditions can lead to fines, and in severe cases, revocation of the licence. The exact penalties would be determined based on the specific breach and the provisions of the Act.
Given the technical nature of the spectrum licensing and the importance of maintaining clear and consistent regulatory standards, the revocation of the 27 GHz band specific determination and the alignment with the amended generic determination are essential steps. This ensures that all spectrum licensing procedures adhere to the most current and uniform regulatory framework, thereby facilitating better management of radiocommunications in Australia.