Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2012L02304 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Prepared by the Australian Communications and Media Authority

 

Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1)

Australian Communications and Media Authority Act 2005

Legislative Provisions

The Australian Communications and Media Authority (the ACMA) makes the Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1) (the Amendment Determination) under subsection 64(1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act).

Background

Subsection 64(1) of the ACMA Act provides that the ACMA may make a written determination defining 1 or more expressions used in specific instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. The relevant written determination that defines expressions used in determinations or class licences made by the ACMA under the Radiocommunications Act 1992 (the Act), is the Radiocommunications (Interpretation) Determination 2000 (the Interpretation Determination).

The Interpretation Determination defines a ‘PTS licence’ as an apparatus licence issued for a service that consists of 1 or more stations that are operated for the provision of a public mobile telecommunications service (PMTS). The Interpretation Determination incorporates the definition of a PMTS found in the Telecommunications Act 1997 (Telco Act).

Femtocells are small base stations that may be deployed on the customer’s side of the network boundary. They operate by connecting a mobile device (such as a mobile phone) to a mobile operator’s network using the premises’ fixed digital subscriber line or cable broadband. From an end user’s prespective, the service accessed using a femtocell displays the functionality of a PMTS.

Femtocells are radiocommunications devices for the purpose of section 46 of the Act and must be licensed. However, there is some uncertainty about whether the operation of a femtocell can be authorised under the PTS licence apparatus licence type. The service provided by means of a femtocell may not fall within the definition of PMTS in the Telco Act because that definition requires that the customer equipment used for or in relation to the supply of the service must not be in physical contact with any part of the telecommunications network by means of which the service is supplied.

There is some uncertainty about whether femtocells that need to be physically plugged into a broadband router which in turn needs to be connected to a wall socket will meet this requirement.

 

Operation of the Amendment Determination

The Amendment Determination expands the definition of PTS licence in Schedule 1 of the Interpretation Determination to authorise the operation of 1 or more stations (the licensed stations) where:

  • the licensed stations communicate with mobile stations; and
  • the mobile stations are ordinarily used for or in relation to the supply of a  PMTS, but when used in conjunction with the licensed stations, do not involve the use of the mobile stations for or in relation to the supply of a PMTS. 

A femtocell is an example of such a licensed station.  The mobile stations that the licensed stations communicate with are separately licensed under the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2000.

The Amendment Determination has the effect of broadening the definition of ‘PTS licence’ so it is not limited to the licensing of stations that are operated for the provision of a PMTS.

The amendment to the Interpretation Determination will enable the authorisation of femtocells and other like devices used to provide similar services under the PTS licence apparatus licence type. The amendment will also maintain consistency in licensing arrangements for stations that are operated to provide a carriage service to an end user’s mobile device (for example, a mobile phone).

Details of the Amendment Determination are in Attachment A.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purpose of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in the Attachment B. 

Consultation 

From 14 August 2012 to 21 September 2012, in accordance with section 17 of the Legislative Instruments Act 2003, the ACMA publicly consulted on the draft Amendment Determination as part of the regulatory arrangements proposed for femtocells.

The ACMA received six submissions and one enquiry in response to the public consultation process.

The ACMA also circulated the consultation paper and the draft Amendment Determination to all PTS licensees in the 2 GHz band. On 4 October 2012, the ACMA met with key industry stakeholders to clarify the proposed regulatory arrangements, including the proposed amendment.  

The Office of Best Practice Regulation (OBPR) was also consulted and advised that no Regulation Impact Statement was required.  The OBPR reference number is ID 13949.

Attachment A

 

Notes on Amendment Determination

 

Section 1 Name of Determination

  Section 1 provides the name of the Amendment Determination.

Section 2 Commencement

 Section 2 provides for the Amendment Determination to commence on the day after it is registered.

Section 3 Amendment of Radiocommunications (Interpretation) Determination 2000  

 Section 3 provides that Schedule 1 amends the Interpretation Determination.

Schedule 1  Amendments

[1]  Schedule 1, definition of PTS licence

Item 1 substitutes a new definition of ‘PTS licence’ into Schedule 1 of the Interpretation Determination.

Paragraph (a) of the new definition replicates the terms of the current definition of ‘PTS licence’ which is an apparatus licence issued for a service that consists of 1 or more stations that are operated for the provision of a public mobile telecommunications service.

Paragraph (b) expands the definition of ‘PTS licence’ to include an apparatus licence that authorises the operation of 1 or more licensed stations where:

  • the licensed stations communicate with mobile stations; and
  • the mobile stations are ordinarily used for or in relation to the supply of a  PMTS, but when used in conjunction with the licensed stations, do not involve the use of the mobile stations for or in relation to the supply of a PMTS. 

A note is also included to clarify that paragraph (b) of the definition of ‘PTS licence’ recognises that some stations may be used to deliver a carriage service to an end-user’s mobile device, but that service will not be a PMTS  within the meaning of the Telco Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1) was enacted to address uncertainties regarding the licensing of femtocells, which are small base stations that connect mobile devices to a mobile operator’s network using a fixed broadband connection. This determination was made by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005, with the policy objective of providing clarity on the licensing of femtocells and ensuring they are authorised under the appropriate apparatus licence type. The amendment clarifies the definition of 'PTS licence' to include apparatus licences for stations that communicate with mobile stations ordinarily used for public mobile telecommunications services, but which do not involve the use of those mobile stations for the supply of such services when used with the licensed stations. This amendment aims to maintain consistency in the licensing arrangements for stations providing services to end-user mobile devices.

Scope and Application

The Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1) applies to the interpretation and regulation of radiocommunications under the Australian Communications and Media Authority Act 2005 and the Radiocommunications Act 1992. Specifically, the Amendment Determination clarifies and expands the definition of a 'PTS licence' as found in the Radiocommunications (Interpretation) Determination 2000, allowing for the licensing of certain small base stations such as femtocells. These devices, which enhance mobile telecommunications services by connecting mobile devices to a mobile operator’s network through fixed broadband connections, were previously subject to some uncertainty regarding their compliance with existing definitions. The Amendment Determination now explicitly authorises the operation of licensed stations that communicate with mobile stations ordinarily used for public mobile telecommunications services, even if the stations themselves do not supply these services directly. This amendment ensures that such devices can be properly licensed and regulated under the existing framework. The Amendment Determination applies nationally, aligning the regulatory approach across all states and territories of Australia. There are no specific exclusions or thresholds stated within the text, and the determination is subject to further refinement through subordinate instruments if necessary.

Key Provisions

The Radiocommunications (Interpretation) Amendment Determination 2012 (No. 1) (Amendment Determination) amends the definition of a 'PTS licence' in the Radiocommunications (Interpretation) Determination 2000 (Interpretation Determination). Section 3 of the Amendment Determination modifies Schedule 1 of the Interpretation Determination, broadening the definition of 'PTS licence' to include apparatus licences for one or more stations that communicate with mobile stations, where those mobile stations are ordinarily used for or in relation to the supply of a public mobile telecommunications service (PMTS), but not when used in conjunction with the licensed stations. This change is particularly significant for femtocells, which connect mobile devices to a mobile operator's network via a fixed broadband connection, thereby providing a service that displays the functionality of a PMTS. Under this Amendment Determination, entities such as telecommunications companies and other parties must now comply with the expanded definition of 'PTS licence'. They must ensure that any apparatus licence issued for stations that communicate with mobile stations, even if those stations do not directly supply a PMTS when used in conjunction with the licensed stations, adheres to the licensing requirements set forth in the amended Interpretation Determination. This includes ensuring that any femtocells or similar devices used for providing services to mobile devices are appropriately licensed under the PTS licence apparatus licence type. The Amendment Determination does not explicitly state any new offences, penalties, or civil/criminal consequences for breach of its provisions. However, entities that fail to comply with the amended licensing requirements could potentially face legal actions under the Radiocommunications Act 1992 (Act) or the Australian Communications and Media Authority Act 2005 (ACMA Act), which may include fines and other enforcement actions. The specific penalties for non-compliance would be determined in the context of any legal proceedings, and could vary based on the severity and nature of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.