Radiocommunications (Interpretation) Amendment Determination 2005 (No. 3)

Administered by Department of Communications and the Arts

Legislation au F2005L04043 Not in force Legislative Instrument

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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.

 

 

Overview

The Radiocommunications (Interpretation) Amendment Determination 2005 (No.3) was enacted by the Australian Communications and Media Authority (ACMA) to address a gap in the definition of 'defence station' within the Radiocommunications Act 1992. This amendment was introduced to ensure that spectrum needs specific to Defence are appropriately acknowledged and managed, particularly for frequencies annotated with the AUS64 footnote in the Australian Radiofrequency Spectrum Plan. The objective of this determination is to extend the definition of ‘defence station’ to include these frequencies, thereby facilitating the licensing of certain radiofrequency spectrum bands by the Department of Defence. The determination was made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, which allows ACMA to define expressions used in specified instruments. This amendment was deemed necessary as Defence spectrum requirements are unique and do not align well with conventional ACMA licence arrangements. The AUS64 footnote in the Spectrum Plan specifies that spread spectrum modulation can be used for Defence purposes, provided there is no harmful interference to other services. By amending the definition of 'defence station', the determination aims to ensure that Defence’s special spectrum needs are recognised and appropriately licensed.

Scope and Application

The Radiocommunications (Interpretation) Amendment Determination 2005 (No.3) applies to the interpretation of certain terms used within the Radiocommunications Act 1992, as amended by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005. Specifically, this Amendment Determination modifies the definition of 'defence station' to encompass frequencies annotated with the AUS64 footnote in the Australian Radiofrequency Spectrum Plan, thereby supporting the Department of Defence's licensing needs for specific radiofrequency spectrum bands. This determination is applicable nationally and extends to any entity or person involved in the operation of defence stations as defined, particularly within the context of Defence's unique spectrum requirements. The Amendment Determination ensures that spectrum annotated with AUS64 is appropriately licensed under the Defence licence type, acknowledging the special needs of Defence in using this spectrum without causing harmful interference to other services. The Amendment Determination does not require a Regulation Impact Statement as it does not impact existing business arrangements, as confirmed by the Office of Regulation Review.

Key Provisions

The Radiocommunications (Interpretation) Amendment Determination 2005 (No.3) amends the definition of 'defence station' in the Radiocommunications (Interpretation) Determination 2000. Under the amendment, a 'defence station' is defined as a station that is operated principally for the purposes of defence, and is either operated within a specified frequency band mentioned in a cell in column 2 of the Table of Frequency Allocations in Part 2 of the Spectrum Plan, or in a frequency band mentioned in Part 3 of the Spectrum Plan, provided that the station is operated in accordance with the conditions set out in the Australian footnote reference AUS64 (subsections 30(1), 32(1), 131AC(1), 132(1), and 144(1) of the Radiocommunications Act 1992). The amendment extends the definition of 'defence station' to include frequencies annotated with the AUS64 footnote in the Spectrum Plan. This determination imposes obligations on parties or entities that operate defence stations, particularly those using spread spectrum modulation within the specified frequency bands. These entities must ensure that their operations do not cause harmful interference to stations of other services operating in accordance with the Spectrum Plan or the Radio Regulations of the International Telecommunication Union. This includes adhering to the conditions outlined in the AUS64 footnote, such as the use of spread spectrum modulation and the avoidance of interference with other services. Breach of the conditions set out in the AUS64 footnote can lead to significant consequences. Under the Radiocommunications Act 1992, a person who contravenes a condition of a licence, including those conditions implied by the AUS64 footnote, may be subject to enforcement actions by the ACMA. This can include fines, cancellation of the licence, or other administrative penalties. The maximum penalty for contravening a licence condition is generally set out in the Act, and can amount to significant financial penalties depending on the severity of the breach. Additionally, any person found to be causing harmful interference to other services may be subject to civil or criminal proceedings. The Radiocommunications Act 1992 provides for the imposition of fines and imprisonment for those found guilty of causing harmful interference, with the specific penalties varying based on the nature and extent of the interference. The determination ensures that Defence's special spectrum needs are recognised and accommodated, while also maintaining the integrity and functionality of the radiofrequency spectrum for all users.

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