EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Digital Cordless Communications Devices - PHS Devices) Standard 2007
Radiocommunications Act 1992
Purpose
The Radiocommunications (Digital Cordless Communications Devices - PHS Devices) Standard 2007 (the Standard) sets out the applicable performance and testing requirements for Personal Handyphone System (PHS) equipment for the purposes of the Australian radiocommunications compliance & labelling regime.
Legislative provisions
The Standard is made under subsection 162 (1) of the Radiocommunications Act 1992 (the Act). Subsection 162 (1) allows the Australian Communications and Media Authority (ACMA) to make a standard in the form of a written instrument regulating the performance of specified devices or setting maximum permitted levels of radio emissions for devices other than radiocommunications devices. A standard can only include such requirements as are necessary or convenient for such things as:
- containing interference to radiocommunications or any of the uses or functions of devices;
- establishing adequate levels of immunity from electromagnetic disturbance for the operation of radiocommunications transmitters, receivers and other devices; and
- protecting the health or safety of persons who operate, work on, use or are likely to be affected by the services supplied by radiocommunications transmitters or receivers.
The Act authorises ACMA to make an arrangement with certain external bodies and associations for the preparation and publication of a draft standard and to undertake public consultation on the draft standard on behalf of ACMA (subsection 163 (2)).
In making a standard, ACMA is also authorised to apply, adopt or incorporate (with or without modification) a standard in force from time to time, made by another person (section 314A of the Act).
Background
ACMA’s radiocommunications regulatory arrangements require each supplier of a radiocommunications device falling within the scope of a relevant standard to apply a compliance label to its product prior to supply to the market and to keep prescribed records. Compliance is determined against technical standards made under section 162 of the Act. The Radiocommunications Devices (Compliance Labelling) Notice 2003 (the Labelling Notice), made under section 182 of the Act, specifies which of those standards apply to particular radiocommunications devices.
PHS devices were regulated under ACMA’s telecommunications regulatory arrangements prior to the making of this instrument. This was an historical anomaly and in April 2007 ACMA received a submission from the Communications Alliance recommending that the radio regulatory aspects for cordless telecommunications devices be transferred from the telecommunications regulatory arrangements to the radiocommunications regulatory arrangements. To make this change ACMA has made the new PHS devices standard, which will be applied to devices under the radiocommunications Labelling Notice.
The old PHS standard will expire from within the telecommunications regulatory arrangements by way of a separate instrument under section 407 of the Telecommunications Act 1997, the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2007 (No 1).
Operation
The Standard comes within the scope of section 162(3) which sets out the requirements ACMA may include in a standard.
The Standard adopts the current version of the international standard for PHS equipment adopted by the old standard, which is the ARIB RCR STD-28 standard published by the Japanese Association of Radio Industries and Businesses. This standard is the internationally recognised standard for PHS equipment.
The ARIB standard is adopted by the ACMA Standard with modifications to limit a PHS device’s operating frequencies to a specified subset of the frequencies in the international standard and PHS devices radiated power, in order to maintain key performance requirements for Australian conditions regardless of developments in the ARIB standard.
Consultation
Section 163 of the Act requires ACMA to ensure, so far as practical, that interested parties have an opportunity to comment on a proposed radiocommunications standard and that due consideration be given to any comments before ACMA makes the Standard. This section is consistent with the consultation requirements arising from section 17 of the Legislative Instruments Act 2003.
ACMA widely consulted on the inclusion of the PHS standard in the radiocommunications regulatory arrangements by circulating a draft version of the standard to industry and consumer stakeholders, including telecommunications and radiocommunications industry peak bodies, the Australian Communications Industry Forum (ACIF, a subsidiary of Communications Alliance Ltd), Standards Australia, user groups, test houses, manufacturers and importers, telecommunications carriers, the Australian Competition and Consumer Commission and the Telecommunications Industry Ombudsman. Stakeholders were given 33 days, 27 April to 30 May 2007 to offer comments.
Four responses were received of which two explicitly expressed the desire to offer no comment on the proposals and two expressed support for the proposed standard.
Regulation Impact
ACMA's Best Practice Regulation Coordinator has advised that a full Business Cost Calculator analysis and Regulation Impact Statement are not required (RIS Reference No. 016) as the Standard does not substantially alter existing arrangements.
The old PHS standard, ACA TS 034 – 1997, will expire within the telecommunications regulatory arrangements in early 2008. Until it expires, industry has the option of complying with either the old ACA TS 034 – 1997 standard or this Standard. After the expiry date, the applicable standard for PHS equipment will be this Standard.
To allow industry time to adapt to changes should the international standard (ARIB RCR STD-28) be amended a transitional provision has been included which provides for a one year overlap period during which industry may choose to have its products comply with either the Standard or the amended Standard.
A grandfathering provision has also been provided to allow the continued supply of device models which complied with the previous ACA TS 034 – 1997 standard. This is to minimise the impact of the change on industry.
Documents incorporated into this Instrument by Reference
This Standard incorporates the ARIB RCR STD- 28 standard developed by the Association of Radio Industries and Businesses. This standard can be downloaded from www.arib.or.jp/english/
Detailed description of the Standard
Details of the Standard are in Attachment 1.
Attachment 1
Notes on the instrument
Section 1 – Name of Standard
This section provides for the name of the Standard.
Section 2 - Commencement
This section provides that the Standard commences on the date after it is registered.
Section 3 – Definitions
This section defines the terms used in the Standard including “Act” , “ACA TS 034 – 1997”, “PHS”, “Digital cordless communications device”, “EIRP”, ARIB RCR STD – 28”, significant event and “USCCH”.
The definitions used reflect industry standard meanings and understanding of these terms.
Section 4 - Application
This section states that the Standard applies to radiocommunications devices that use PHS technology, other than devices imported solely for use in connection with a significant event.
Section 5 – Standard for performance
This section names the ARIB RCR STD-28 standard as the standard for performance for PHS equipment and limits the frequencies of operation to a sub band of that provided in the ARIB standard. This section also limits radiated power to a maximum of 21.5 dBm EIRP.
These essential spectrum management requirements for Australian conditions are fixed by the Standard and are not varied by any change in the ARIB standard.
Section 6 - Compliance with this Standard – devices complying with ACA TS 034 – 1997
This section implements the “grandfathering provisions” for equipment that has been tested to and found to comply with the earlier standard made under the telecommunications regulatory arrangements, ACA TS 034 – 1997.
It confirms that despite the expiry of ACA TS 034 – 1997, it still has effect in so far as it relates to equipment models that met the requirements of the expired standard. This provision has been included to avoid the costs to industry of re-testing existing product models. The provision is used in a standard when continued supply of that product presents minimal interference risk.
Section 7 - Effect of amendment of standard for performance
This section enables any amendments which are made to ARIB RCR STD - 28, on which the standard for performance is based, to be automatically accepted within a transitional period of one year during which compliance with the amendments is optional. This allows industry time to adjust to changes and avoids the costs to industry of having to immediately modify forthcoming product designs. Existing model designs may continue to be supplied as provided by section 6 above.