EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No.1)
Radiocommunications Act 1992
Legislative Provisions
Paragraph 16(1)(ca) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to specify in a written determination the circumstances in which foreign space objects are subject to the Act.
A determination made under paragraph 16(1)(ca) of the Act is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
ACMA received an application from an American company, Connexion by Boeing, to provide in flight internet services for passengers transiting Australia using a satellite owned by SES Americom Inc (USA).
In order for ACMA to license foreign satellite networks to use Australian spectrum, foreign companies must be included in the Radiocommunications (Foreign Space Objects) Determination 2000 (the Determination).
Background
The Determination was made by ACMA on 6 July 2000 following amendment of the Act on 31 May 2000.
In May 2000 the concept of ‘Australian satellite’ was removed from the Act and the concept of ‘space object’ introduced. Since that time ACMA is able to determine when space objects are Australian space objects and the circumstances in which particular foreign space objects are subject to the Act. This change also allows ACMA to regulate all types of space objects, including satellites and launch vehicles, rather than limiting the regulation of space objects to satellites.
Section 16 of the Act was also amended in 2000 to include a new subparagraph 16(1)(ca). Specifically, section 16 specifies the circumstances in which the Act applies outside Australia. Paragraph 16(1)(ca) specifies that the Act applies to ‘foreign space objects, in the circumstances specified in a written determination by ACMA.’
ACMA is required to regulate the use of Australian spectrum[1] by foreign space objects. However, it can only do this if the foreign space objects are made subject to the Act. Section 16 of the Act provides ACMA with the power to specify the circumstances in which foreign space objects are subject to the Act.
The Determination specifies the foreign companies and networks that operate space objects that use Australian spectrum. Once these companies have been included in the Determination, ACMA can regulate use of Australian spectrum, by those foreign space objects, by issuing radiocommunications licences that authorise the operation of space stations on those space objects. Once a satellite operator or service provider holds space or space receive licences to authorise operation of the space segment, the operation of earth stations that communicate with those licensed space stations will be authorised by the Radiocommunications (Communication with Space Objects) Class Licence 1998 (the Class Licence), but only on the frequencies mentioned in the Class Licence. In making a determination under paragraph 16(1)(ca) ACMA intends to regulate foreign space objects only to the extent necessary to license use of Australian spectrum by satellite networks on those foreign space objects. The countries that notified the satellite networks on those foreign space objects to the International Telecommunication Union remain responsible to the international community for the administration of all other aspects of those space objects.
After consideration of section 17 of the Legislative Instruments Act 2003, consultation was not undertaken as the change to the Determination is minor and machinery in nature, and does not alter existing arrangements, as per section 18 of the Legislative Instruments Act 2003.
The Office of Regulation Review did not require a Regulation Impact Statement (RIS). The RIS identification number for this issue is 5012.
Details of the Determination are set out in the notes in Attachment 1.
Attachment 1
Notes on the instrument
Section 1 – Name of Determination
Section 1 names the Determination as the Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 1).
Section 2 - Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 – Amendment of the Radiocommunications (Foreign Space Objects) Determination 2000.
Section 3 provides that the Determination is amended through Schedule 1.
Schedule 1 – Amendments
Item 1 includes SES Americom Inc (incorporated in the United States of America) in Schedule 1.of the Determination.
[1] Use of Australian spectrum is the use of spectrum to communicate with places in Australia.
Overview
The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No.1) was enacted to address the need for regulating the use of Australian spectrum by foreign space objects, specifically to include a foreign satellite network in the Radiocommunications (Foreign Space Objects) Determination 2000. This amendment was made in response to an application by an American company, Connexion by Boeing, to provide in-flight internet services for passengers transiting Australia using a satellite owned by SES Americom Inc. This amendment allows the Australian Communications and Media Authority (ACMA) to specify the circumstances under which foreign space objects are subject to the Radiocommunications Act 1992. The objective of this determination is to ensure that ACMA can issue radiocommunications licenses that authorise the operation of space stations on foreign space objects that use Australian spectrum, while other aspects of these space objects remain under the purview of the countries that notified the satellite networks to the International Telecommunication Union.
Scope and Application
The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 1) applies to the regulation of foreign space objects using Australian spectrum, particularly those involved in satellite communications. This Amendment Determination, made by the Australian Communications and Media Authority (ACMA) under paragraph 16(1)(ca) of the Radiocommunications Act 1992, specifically incorporates SES Americom Inc, an American company, into the existing Radiocommunications (Foreign Space Objects) Determination 2000. This amendment enables ACMA to regulate the use of Australian spectrum by foreign satellite networks, ensuring that these networks comply with Australian regulations when operating within or communicating with Australia. The Amendment Determination is geographically focused on Australia, extending ACMA's regulatory reach to include foreign space objects when they engage in activities that utilise Australian spectrum. The amendment does not alter other jurisdictional responsibilities that the countries of the foreign space objects hold under international agreements.
The Determination is a disallowable instrument under the Legislative Instruments Act 2003 and, as such, can be subject to disallowance by either house of the Parliament within the specified period. The Amendment Determination does not require consultation or a Regulation Impact Statement as it is considered minor and machinery in nature, not altering existing regulatory arrangements. ACMA regulates these foreign space objects solely to the extent necessary to license the use of Australian spectrum by satellite networks, while the countries of origin remain responsible for all other regulatory aspects of these space objects on the international stage.
Key Provisions
The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No.1) (the Determination) amends the Radiocommunications (Foreign Space Objects) Determination 2000 (the 2000 Determination) by adding SES Americom Inc, a US-based company, to Schedule 1 of the 2000 Determination. This amendment is in response to an application by Connexion by Boeing, an American company, to provide in-flight internet services for passengers transiting Australia using a satellite owned by SES Americom Inc. (Section 1, 2, 3 and Schedule 1).
Under the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) has the authority to specify in a written determination the circumstances in which foreign space objects are subject to the Act. The Act mandates that ACMA regulates the use of Australian spectrum by foreign space objects, but only if those objects are made subject to the Act. By including SES Americom Inc in the 2000 Determination, ACMA can now issue radiocommunications licences that authorise the operation of space stations on SES Americom Inc's satellite, thus regulating the use of Australian spectrum by this foreign space object. The operation of earth stations that communicate with the licensed space station will be authorised by the Radiocommunications (Communication with Space Objects) Class Licence 1998, but only on the frequencies mentioned in that Class Licence (Section 16).
Entities such as SES Americom Inc that are included in the Determination must comply with the requirements set out in the Act and the 2000 Determination. This includes obtaining the necessary licences from ACMA to operate space stations on their satellites within Australian spectrum. The Determination ensures that these foreign entities adhere to Australian regulations concerning the use of spectrum while operating in Australian airspace.
Failure to comply with the requirements of the Act and the Determination can result in civil or criminal penalties. Under the Act, breaches can lead to fines and other enforcement actions by ACMA. The exact penalties depend on the nature and severity of the breach but can include substantial fines for non-compliance with licensing requirements or misuse of Australian spectrum (Section 16). The Determination itself does not specify particular penalties, but the overarching Act provides for a range of enforcement measures to ensure compliance.