EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications (Interpretation) Amendment Determination 2005 (No.3)
Radiocommunications Act 1992
Legislative Provisions
Subsection 64 (1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act), and section 5, paragraph 7 (1) (a), subsection 10A (1), paragraph 16 (1)(ca), subsections 30(1), 32 (1) and 98(1), paragraphs 107 (1)(f) and 108A (1)(e), subsection 115 (1), section 119, subsections 131AC(1) and 132 (1), section 134, paragraph 144 (1)(c), 144 (1)(d), 144(1)(e), 147 (1)(c), 147(1)(d) and 147 (1)(e) and subsection 300 (1) of the Radiocommunications Act 1992 (the Act).
Under subsection 64(1) of the ACMA Act, the Australian Communications and Media Authority (ACMA) may make a written determination defining one or more expressions used in specified instruments, being instruments that are made by AMCA under one or more specified laws of the Commonwealth.
A determination made under subsection 64(1) of the ACMA Act is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications (Interpretation) Amendment Determination 2005 (No.3) (the Amendment Determination) extends the definition of ‘defence station’ to include frequencies annotated with the AUS64 footnote in the Australian Radiofrequency Spectrum Plan (the Spectrum Plan). The definition of ‘defence station’ supports the licensing of certain radiofrequency spectrum bands by the Department of Defence (Defence).
Background
Under subsection 64(1) of the ACMA Act ACMA may make a written determination defining one or more expressions used in specified instruments, being instruments that are made by ACMA under one or more specified laws of the Commonwealth.
Defence spectrum needs are unique. They do not fit easily into the conventional ACMA licence arrangements. The vast majority of Defence spectrum use supports applications that are mobile and/or itinerant and used to support tactical operations.
The Defence licence type covers licensing of Defence requirements in spectrum annotated in the Spectrum Plan with footnotes AUS1, AUS9, AUS11 and AUS64.
The AUS 64 footnote associated with the 960 – 1215 MHz band in the Spectrum Plan states that stations in the fixed and mobile services using spread spectrum modulation can be used for the purposes of defence on the condition that harmful interference is not caused to stations of other services operating in accordance with the Spectrum Plan or the Radio Regulations of the International Telecommunication Union. It is appropriate that this spectrum should also be licensed under the Defence licence type in acknowledgement of Defence’s special spectrum needs.
The definition of ‘defence station’ in the Radiocommunications (Interpretation) Determination 2000 (the Interpretation Determination) states that:
defence station means a station that is operated principally for the purposes of defence, and:
(a) is operated within a frequency band mentioned in a cell, in column 2 of the Table of Frequency Allocations in Part 2 of the spectrum plan, in which the Australian footnote reference AUS1 or AUS64 appears; or
(b) is operated within a frequency band mentioned in Part 3 of the spectrum plan opposite the Australian footnote reference AUS9; or
(c) is operated:
(i) within a frequency band mentioned in a cell, in column 2 of the Table of Frequency Allocations in Part 2 of the spectrum plan, in which the Australian footnote reference AUS11 appears; and
(ii) for the service to which that footnote reference applies
(d) is operated:
(i) within a frequency band mentioned in Part 3 of the spectrum plan opposite the Australian footnote reference AUS64; and
(ii) in a way mentioned in Australian footnote reference AUZ64, that is
(A) using spread spectrum modulation; and
(B) without causing harmful interference to stations of other services operating in accordance with the spectrum plan or the Radio Regulations.
The Office of Regulation Review (ORR) has been consulted regarding the Amendment Determination. ORR advised ACMA that a Regulation Impact Statement (RIS) was not required in this instance, as the amendment did not impact on business. The ORR reference for this matter is ID 7619.
Consideration was given to Section 17 of the Legislative Instruments Act 2003. However, ACMA decided that as the amendment was merely allowing a particular licence type into spectrum already allocated for that purpose and would not substantially effect existing arrangements, external consultation would not be undertaken. This decision was made pursuant to Section 18 of the Legislative Instruments Act 2003.
Attachment 1
Notes on Instrument
Section 1 – Name of Determination
Section 1 names the Determination as the Radiocommunications (Interpretation) Amendment Determination 2005 (No.3).
Section 2 – Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 – Amendment of Radiocommunications (Interpretation) Determination 2000
Section 3 provides that the Determination is amended through Schedule 1.
Schedule 1 – Amendments
Item [1] Schedule 1
Item 1 amends the definition of defence station, subparagraph (c) (ii) to omit ‘applies’ and insert ‘applies; or’.
Item [2] Schedule 1
Item 2 amends the definition of defence station, after paragraph (c) to include the frequency band mentioned in Part 3 of the Spectrum plan opposite the Australian footnote reference AUS64 in accordance with the text of the footnote.