Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Licence Variation under section 134 of the Radiocommunications Act 1992.
Dated 17 December 1999.
A.J SHAW Chair
R HORTON
Deputy Chair
Australian Communications Authority
Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1)
made under the
Radiocommunications Act 1992
Contents
Page
1 Name of Licence Variation
2 Commencement
3 Amendment of Radiocommunications (Communication with Space Object) Class Licence 1998
Schedule 1 Amendments
Do not delete : Part placeholder
Do not delete : Division placeholder
1 Name of Licence Variation
This Licence Variation is the Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1).
2 Commencement
This Licence Variation commences on gazettal.
3 Amendment of Radiocommunications (Communication with Space Object) Class Licence 1998
Schedule 1 amends the Radiocommunications (Communication with Space Object) Class Licence 1998.
Schedule 1 Amendments
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(section 3)
[1] Subsection 3 (1)
omit
Radiocommunications Regulations
insert
Radiocommunications Regulations 1993
[2] Subsections 6 (2) and (3)
substitute
(2) For transmissions, the station is also limited to the range:
(a) 148 to 150.05 MHz; or
(b) 1610 to 1660.5 MHz; or
(c) 14 to 14.5 GHz; or
(d) 28.6 to 29.1 GHz.
(3) For reception, the station is also limited to the range:
(a) 137 to 138 MHz; or
(b) 400.05 to 400.15 MHz; or
(c) 1525 to 1559 MHz; or
(d) 1613.8 to 1626.5 MHz; or
(e) 2483.5 to 2500 MHz; or
(f) 12.2 to 12.75 GHz; or
(g) 18.8 to 19.3 GHz.
Note 1 For radiocommunications in a frequency range outside the range for which the licensed station is authorised, or outside the ranges mentioned in subs (2) and (3), the operator of the station would need authorisation under an apparatus licence or a spectrum licence (if available).
Note 2 The station to which this licence applies may be subject to a standard made under Pt 4.1 of the Act. That Part provides penalties for possession and use of a non-standard transmitter.
Note 3 Footnotes 209, 219, 220 and 221 in Pt 4 of the spectrum plan apply to a mobile-satellite service operating at a frequency in the range mentioned in para (2) (a).
Note 4 Footnote 209 in Pt 4 of the spectrum plan applies to a mobile-satellite service operating in a frequency range mentioned in para (3) (a).
Note 5 A mobile-satellite service operating at a frequency in the range mentioned in para (3) (a) will not be afforded protection from interference from a television station operating in the frequency band 137 to 144 MHz (television channel 5A).
Note 6 Footnote 261 in Pt 4 of the spectrum plan applies to a mobile-satellite service operating at a frequency in the range mentioned in para (3) (b).
[3] Section 7
omit everything after
the operation of
insert
a radiocommunications receiver.
Note 1 Section 197 of the Act provides a penalty for knowingly or recklessly doing any act or thing likely to:
(a) interfere substantially with radiocommunications; or
(b) otherwise substantially disrupt or disturb radiocommunications.
Note 2 A radiocommunications device to which this licence applies will not be afforded protection from interference caused by other radiocommunications services.
Overview
The Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1) was made under the Radiocommunications Act 1992 by the Australian Communications Authority, effective from its gazettal on 17 December 1999. This legislative instrument aims to amend the Radiocommunications (Communication with Space Object) Class Licence 1998 by modifying specific frequency ranges for both transmission and reception, and limiting the operation of radiocommunications receivers. The objective is to ensure efficient and effective use of radiocommunications spectrum while preventing interference and maintaining the integrity of radiocommunications services. The amendments establish clear parameters for the operation of licensed stations and clarify the conditions under which additional authorisation may be required.
Scope and Application
The Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1) made under the Radiocommunications Act 1992 applies to any entity or person operating a radiocommunications station for communication with space objects within the specified frequency ranges. This variation amends the existing Radiocommunications (Communication with Space Object) Class Licence 1998 to modify the authorised frequency ranges for transmission and reception, thereby dictating the permissible operating conditions for these stations. It is pertinent to note that operations outside the specified frequency ranges necessitate separate authorisation under an apparatus licence or a spectrum licence, if available. The amendment imposes restrictions on the use of the licensed station, highlighting the necessity for compliance with the defined frequency ranges to avoid interference with other radiocommunications services. Notably, the variation does not specify exclusions or exemptions, implying that all entities operating within the scope of the Act must adhere to the amended conditions.
The geographic and jurisdictional reach of this legislative instrument is national, as it is enacted under the Commonwealth Radiocommunications Act 1992. This Act governs the use of radiocommunications across Australia, ensuring that all entities comply with the specified standards and conditions for radiocommunications with space objects. The variation extends the application of the Act by specifically amending the frequency ranges for certain operations, thus impacting all entities operating within the territory of Australia. Subordinate instruments may further refine or extend the application of this Act, ensuring regulatory compliance and operational efficiency in the radiocommunications sector.
Key Provisions
The Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1) amends the Radiocommunications (Communication with Space Object) Class Licence 1998. The variation specifically modifies the Radiocommunications Regulations 1993, the frequency ranges for transmissions and receptions, and the operation of radiocommunications receivers. According to section 3(1), the Radiocommunications Regulations now govern the licence. The frequency ranges for transmissions and receptions have been updated to specify certain frequencies, as detailed in sections 6(2) and 6(3) respectively. The operation of radiocommunications receivers is now subject to specific conditions, as outlined in section 7.
This variation imposes obligations on the licensee to adhere to the specified frequency ranges for transmissions and receptions and to comply with the conditions on the operation of radiocommunications receivers. The licensee must ensure that their operations do not interfere with other radiocommunications services and must obtain additional authorisation if they wish to operate outside the specified frequency ranges. Additionally, the licensee must comply with any relevant standards made under Part 4.1 of the Radiocommunications Act 1992, which includes penalties for using non-standard transmitters.
Breach of the conditions set out in this Licence Variation may result in substantial interference with radiocommunications or disruption of radiocommunications services, which are considered offences under section 197 of the Radiocommunications Act 1992. The maximum penalty for knowingly or recklessly doing any act or thing likely to interfere substantially with radiocommunications or disrupt or disturb radiocommunications is set out in the Act. The specifics of these penalties, including any fines or imprisonment terms, are detailed within the Radiocommunications Act 1992 and would need to be referred to for precise details.