Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2011L01710 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

Radiocommunications (Communication with Space Object) Class Licence

 Variation 2011 (No. 2)

Radiocommunications Act 1992

Purpose

The purpose of the Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2) (the Class Licence Variation) is to vary the Radiocommunications (Communication with Space Object) Class Licence 1998 (the Space Object Class Licence) to include additional frequency bands within which stations to which the Space Object Class Licence applies (earth based stations) can transmit or receive radio emissions.

Legislative Provisions

Under section 132 of the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (the ACMA) may issue class licences authorising the operation of a radiocommunications device of a specified kind, or for a specified purpose or of a specified kind for a specified purpose. The Space Object Class Licence was issued under section 132 of the Act. Section 134 of the Act provides that the ACMA may, subject to public consultation, vary a class licence by notice published in the Gazette.

The Class Licence Variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Background

The Space Object Class Licence provides an alternative to the licensing of individual earth based stations by apparatus licence. Earth based stations are used for satellite services and can be either transmitters or receivers or both. An earth based station is a radiocommunications device that is not located on a space object.  It is used to communicate with licensed apparatus located on a space object or with another earth based station via licensed apparatus on a space object.

The Space Object Class Licence authorises the operation of individual earth based stations that communicate with apparatus-licensed space stations. The Space Object Class Licence authorises the operation of individual earth based stations that do not require coordination with other licensed services for the purposes of interference protection. Under spectrum planning arrangements developed by the ACMA’s predecessor, the Australian Communications Authority, earth based stations authorised by the Space Object Class Licence do not require individual licensing and coordination with other services.

Operation

The Class Licence Variation increases the number of frequency bands in the Space Object Class Licence to facilitate the provision of satellite communications by satellite service providers.

Further details on the operation of the Class Licence Variation are contained in the “Notes on Sections” in the Attachment to this Explanatory Statement.

Consultation

In accordance with section 136 of the Act, notice of the ACMA’s proposed variation to the Space Object Class Licence was published in the Gazette on 15 June 2011, inviting public submissions until 18 July 2011. Notice of the proposed variation and an invitation for public submission was also provided on the ACMA’s internet site from 15 June 2011 through to 18 July 2011.

Six submissions were received in response to the invitation for public comment. All six submissions were supportive of the proposed variation.

 

 

 

Regulatory Impact

The Office of Best Practice Regulation (OBPR) has advised that it has considered the ACMA’s preliminary assessment of the regulatory impact of varying the Space Object Class Licence. The OBPR has further advised that it considers that the amendments are of a minor and machinery nature and therefore no further analysis (in the form of a Regulation Impact Statement) is required. The OBPR reference number is 12618.

 


ATTACHMENT

 

Notes on Sections

 

Section 1 Name of Instrument

Section 1 provides that the name of the instrument is the Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2).

Section 2 Commencement

Section 2 provides that the Class Licence Variation commences on the later of the day after it is registered on the Federal Register of Legislative Instruments and the day on which it is published in the Gazette. Both events must occur for the Variation to commence.

Section 3 Variation of Radiocommunications (Communication with Space Object) Class Licence 1998

Section 3 provides that Schedule 1 varies the Radiocommunications (Communication with Space Object) Class Licence 1998.

Schedule 1  Variations

 Item [1] Section 3, paragraph 6(2)(h)

This item includes two additional frequency bands for the purpose of transmission of radio emissions by an earth based station. The item amends paragraph 6(2)(h) to include an additional 100 MHz of spectrum from 28.5 to 28.6 GHz, and inserts a new paragraph 6(2)(i) to include 500 MHz of spectrum from 29.5 to 30 GHz.

Item [2] Section 3, paragraph 6(3)(o)

The item inserts a new paragraph 6(3)(b) to include an additional 500 MHz of spectrum from 19.7 to 20.2 GHz for the purpose of reception of radio emissions by an earth based station.

 

 

Overview

The Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2) is a legislative instrument introduced to enhance the flexibility and effectiveness of satellite communications in Australia. Enacted under the Radiocommunications Act 1992 by the Australian Communications and Media Authority (ACMA), this variation seeks to address the growing demand for satellite services by expanding the frequency bands available for earth-based stations to communicate with space objects. By incorporating additional frequency bands within the existing Radiocommunications (Communication with Space Object) Class Licence 1998, the variation aims to streamline the licensing process for satellite service providers, allowing for more efficient use of the radio spectrum without the need for individual coordination with other services. The policy objective is to support the development and operation of satellite communications infrastructure, thereby facilitating better connectivity and service delivery in remote and underserved areas.

Scope and Application

The Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2) applies to entities operating earth-based stations used for satellite services, which include both transmitters and receivers, and are authorised under the Radiocommunications (Communication with Space Object) Class Licence 1998. This variation extends to the broader industry of satellite service providers, facilitating the provision of satellite communications by allowing the operation of these stations within the specified frequency bands without requiring individual coordination with other licensed services. The legislation operates on a national level, affecting all entities within Australia that fall under the purview of the Radiocommunications Act 1992. The Act authorises the Australian Communications and Media Authority (ACMA) to issue class licences for specified radiocommunications devices, and the variation of the Space Object Class Licence is subject to public consultation as required by the Act. There are no stated exclusions or exemptions within the Class Licence Variation, and the variation extends the application of the Class Licence by adding specific frequency bands for transmission and reception of radio emissions. The Class Licence Variation itself does not introduce new thresholds but modifies existing parameters to accommodate broader spectrum use. The variation becomes effective upon its registration on the Federal Register of Legislative Instruments and its publication in the Gazette.

Key Provisions

The Radiocommunications (Communication with Space Object) Class Licence Variation 2011 (No. 2) (the Class Licence Variation) primarily serves to modify the Radiocommunications (Communication with Space Object) Class Licence 1998 (the Space Object Class Licence) by incorporating additional frequency bands. These bands allow earth-based stations, which are radiocommunication devices used for satellite services and can act as transmitters, receivers, or both, to operate within these newly specified ranges (Section 3). The variation, which was published under section 134 of the Radiocommunications Act 1992 (the Act), ensures that the earth-based stations can communicate with licensed apparatus located on space objects or with other earth-based stations via licensed apparatus on space objects, without needing individual coordination for interference protection (Section 6(2)(h), (i) and 6(3)(b)). Entities governed by this Act must adhere to the newly defined frequency bands for transmission and reception as specified in the Class Licence Variation. Specifically, they are now permitted to use an additional 100 MHz of spectrum from 28.5 to 28.6 GHz and 500 MHz of spectrum from 29.5 to 30 GHz for transmission, and an additional 500 MHz of spectrum from 19.7 to 20.2 GHz for reception. This means that these entities must ensure their operations fall within these bands to remain compliant with the Act (Section 6(2)(h), (i) and 6(3)(b)). Failure to comply with these specified frequency bands could result in non-compliance with the Act, potentially leading to enforcement actions by the Australian Communications and Media Authority (ACMA). The Class Licence Variation does not explicitly state any new offences, penalties, or consequences for breach within its text. However, any breach of the Radiocommunications Act 1992 could potentially result in enforcement actions by the ACMA, which may include fines, cancellation of the licence, or other regulatory measures. The specific penalties for non-compliance would be determined in accordance with the general provisions of the Act and related regulations.

Legal classification tags

Area of Law
Communications Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.