Radiocommunications (Communication with Space Object) Class Licence Variation 2012 (No. 1)

Overview

The Radiocommunications (Communication with Space Object) Class Licence Variation 2012 (No. 1) is a legislative instrument issued by the Australian Communications and Media Authority (ACMA) to modify the Radiocommunications (Communication with Space Object) Class Licence 1998. Enacted in 2012 under section 134 of the Radiocommunications Act 1992, this variation seeks to address the need for an additional frequency band for the reception of radio emissions by earth stations involved in communication with space objects. This legislative update was necessary to accommodate technological advancements and evolving communication needs within the sector. The ACMA conducted public consultation as required by section 17 of the Legislative Instruments Act 2003 and determined, in consultation with the Office of Best Practice Regulation, that a regulatory impact analysis was unnecessary due to the minor nature of the changes proposed. The variation introduces a new frequency band of 17.7 to 18.2 GHz for reception purposes, while clarifying that stations operating within this band will not receive protection from interference by other radiocommunications services.

Scope and Application

The Radiocommunications (Communication with Space Object) Class Licence Variation 2012 (No. 1) amends the Radiocommunications (Communication with Space Object) Class Licence 1998 to include an additional frequency band of 17.7 to 18.2 GHz for the reception of radio emissions by an earth station. This variation is applicable to entities or individuals operating earth stations that communicate with space stations, as authorised under the Radiocommunications Act 1992. The Act applies on a Commonwealth level, meaning the changes are effective across Australia. The variation is designed to allow for the reception of radio emissions in the specified frequency band on a no-protection basis, implying that the stations will not be protected from interference caused by other existing or future radiocommunications services. The legislative instrument extends the scope of the Space Object Class Licence by incorporating subordinate instruments that define the specific details and operational parameters of the newly added frequency band.

Key Provisions

The Radiocommunications (Communication with Space Object) Class Licence Variation 2012 (No. 1) (the Variation) modifies the existing Radiocommunications (Communication with Space Object) Class Licence 1998 (the Space Object Class Licence) by adding a new frequency band for the reception of radio emissions. Under section 132 of the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) has the authority to issue class licences for the operation of specified radiocommunications devices or purposes. The Space Object Class Licence was originally issued under this authority, and the Variation now updates this licence to include an additional frequency band from 17.7 to 18.2 GHz, as per section 134 of the Act, which allows for variations to be made subject to public consultation. The Variation specifies that the additional frequency band of 17.7 to 18.2 GHz will allow earth stations covered by the Space Object Class Licence to receive radio emissions in this band on a no-protection basis. This means that stations operating in this frequency band will not receive protection from potential interference by other existing or future radiocommunications services. The commencement of the Variation is detailed in section 2, which states that it will take effect on the later of the day after it is registered on the Federal Register of Legislative Instruments and the day it is published in the Gazette. Entities governed by the Space Object Class Licence, particularly those operating earth stations, must comply with the updated frequency allocations as set out in the Variation. This includes ensuring that their operations within the newly authorised frequency band are conducted in accordance with the specified conditions, such as the lack of protection from interference. Additionally, they must ensure their equipment and operations adhere to the technical standards and other requirements stipulated in the Space Object Class Licence. In the event of a breach of the provisions of the Variation or the Space Object Class Licence, the ACMA has the authority to take enforcement actions. Offences and penalties are not explicitly detailed in the Variation itself but would generally fall under the broader provisions of the Radiocommunications Act 1992, where penalties for non-compliance can include fines and potential cessation orders. The specifics of penalties would depend on the nature and severity of the breach, and could result in substantial financial penalties or other administrative actions as deemed appropriate by the ACMA.