Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1)
The Australian Communications Authority makes this Variation under section 134 of the Radiocommunications Act 1992.
Dated 20 September 2001
A.J SHAW Chair
R HORTON Deputy Chair
Australian Communications Authority
1 Name of Variation
This Variation is the Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1).
2 Commencement
This Variation commences on gazettal.
3 Amendment of Radiocommunications Class Licence (861–865 MHz Land Stations)
Schedule 1 amends the Radiocommunications Class Licence (861–865 MHz Land Stations).
Schedule 1 Amendments
(section 3)
[1] Sections 1 and 2
substitute
1 Name of class licence
This class licence may be cited as the Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996.
Note This class licence was previously cited as the Radiocommunications Class Licence (861–865 MHz Land Stations). Provisions in that class licence replace the Radiocommunications (Cordless Telephone Service) Class Licence No. 1 of 1993.
2 Definitions
In this class licence:
device compliance day, for a land station or handset, means the most recent of the following days:
(a) if the land station or handset was manufactured in Australia — the day it was manufactured;
(b) if the land station or handset was manufactured overseas and imported — the day it was imported;
(c) if the land station or handset was altered or modified in a material respect — the day it was altered or modified.
handset means a handset for a cordless telephone service.
technical standard means a technical standard made by the Australian Communications Authority under section 376 of the Telecommunications Act 1997.
Note For the definition of other expressions used in this class licence, see the Radiocommunications Act 1992 and the Radiocommunications (Interpretation) Determination 2000.
[2] Section 3
after each mention of
a land station
insert
or handset
[3] Section 4
substitute
4 Conditions — general
A land station to which this licence applies must not be used for the purpose of providing a PACTS.
5 Conditions — standards
If a device compliance day of a land station or handset is on or after the day on which this section takes effect, the land station or handset must comply with all the radiocommunications standards applicable to it, as in force on the device compliance day.
Note 1 The Australian Communications Authority wishes to make it clear that if a standard is amended or replaced by another standard after a device compliance day for the device, the device need not comply with the amended or new standard.
Note 2 Section 5 of the Act provides that a standard means a standard made under section 162 of the Act.
6 Technical requirements
A land station or handset to which this class licence applies must comply with the applicable technical standard mentioned in Schedule 1 that:
(a) applies to the land station or handset; and
(b) took effect most recently before the device compliance day for the land station or handset.
Schedule 1 Technical Standards
(section 6)
Item | Description of standard | Date of effect |
1 | Radio Equipment and Systems Cordless Telephones — CT2 CAI — number TS 019 | 1 July 1991 |
2 | Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1993 | 14 July 1993 |
3 | Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1997 | 25 June 1997 |
4 | Telecommunications Technical Standard (Customer Equipment for use with CT2 CA1 Cordless Telecommunications Systems — ACA TS 019 — 1997) | 10 December 1997 |
Overview
The Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1) was introduced to amend and expand the existing Radiocommunications Class Licence (861–865 MHz Land Stations) issued under the Radiocommunications Act 1992. This variation was enacted by the Australian Communications Authority (ACA), the regulatory body responsible for the administration and enforcement of the Radiocommunications Act. The primary objective of this variation was to update and refine the technical standards and conditions applicable to land stations and handsets within the specified frequency range, ensuring they meet contemporary regulatory requirements and standards. By making these amendments, the ACA aimed to maintain efficient and safe radiocommunications operations while accommodating technological advancements and ensuring compliance with relevant technical standards.
This legislative instrument effectively extends the scope of the original class licence to include handsets, thereby broadening the range of devices subject to the regulatory framework established under the Radiocommunications Act. The variation introduces definitions and conditions that address device compliance, technical standards, and specific operational restrictions, such as prohibiting the use of licensed stations for providing a PACTS. By providing clarity and updating the technical requirements, this variation aims to enhance the overall regulatory environment for radiocommunications within Australia, aligning it with current industry practices and technological developments.
Scope and Application
The Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1) is a legislative instrument made by the Australian Communications Authority under section 134 of the Radiocommunications Act 1992. This Variation applies to entities that operate land stations and handsets within the specified frequency range of 861–865 MHz, and its primary function is to amend the existing Radiocommunications Class Licence (861–865 MHz Land Stations). The Variation came into effect on the date of its gazettal, thereby updating the terms and conditions of the original licence. The amended licence now includes handsets as well as land stations, and it mandates that these devices must comply with the relevant technical standards as of their device compliance day. The Amendment also clarifies that if a standard is amended or replaced after a device's compliance day, the device does not need to comply with the new or amended standard. This Variation extends across the Commonwealth of Australia, impacting all entities operating within the specified frequency range.
Key Provisions
The Radiocommunications Class Licence (861–865 MHz Land Stations) Variation 2001 (No. 1) amends the Radiocommunications Class Licence (861–865 MHz Land Stations) to incorporate changes in terminology and standards compliance. Specifically, Section 1 updates the name of the class licence to the Radiocommunications (861–865 MHz Land Stations and Handsets) Class Licence 1996, replacing its previous name. Section 2 provides definitions relevant to the class licence, including terms such as "device compliance day" and "handset". Section 3 adjusts the text to include "handset" where "land station" was previously mentioned. Section 4 modifies the conditions to explicitly state that a land station must not be used for the purpose of providing a PACTS. Section 5 addresses compliance with radiocommunications standards, clarifying that devices must comply with applicable standards in force on their device compliance day but do not need to comply with any subsequent amendments to those standards.
The obligations imposed by this variation include ensuring that any land stations or handsets comply with the specified technical standards mentioned in Schedule 1. Specifically, land stations and handsets must adhere to the most recent technical standard that was in effect before their device compliance day. The variation also requires that any new or imported devices must meet the standards applicable on the date of manufacture, import, or material alteration. Additionally, the variation mandates that these devices must not be used for providing PACTS services.
Failure to comply with the provisions of this variation can result in significant consequences. Although the specific penalties are not detailed in the text provided, under the Radiocommunications Act 1992, breaches of licence conditions can lead to enforcement actions. These actions may include fines, licence suspension, or revocation, depending on the severity and nature of the breach. The maximum penalties can vary, but they are designed to enforce compliance and maintain the integrity of the radiocommunications system in Australia.