EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015
Purpose
The Australian Communications and Media Authority (ACMA) has made the Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015 (the Determination).
The Determination revokes and replaces the Radiocommunications Licence Conditions (Land Mobile Licence) Determination No. 1 of 1997 (the 1997 Determination) without making any significant changes to the regulatory arrangements created by the 1997 Determination.
The ACMA has made the Determination because the 1997 Determination was due to ‘sunset’ (i.e. be automatically repealed) on 1 October 2015, by operation of Part 6 of the Legislative Instruments Act 2003 (the LIA).
Following review, and consultation as described below, the ACMA formed the view that the 1997 Determination was operating effectively and efficiently, and continued to form a necessary and useful part of the legislative framework. To preserve the effect of the 1997 Determination, the ACMA has revoked the 1997 Determination before its sunset date and remade it with only minor changes as the Determination.
Legislative Provisions
This Determination has been made by the ACMA under paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act), and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AI Act).
Under paragraph 107(1)(f) of the Act, the ACMA may determine, by legislative instrument, conditions relating to a particular type of apparatus licence.
Subsection 33(3) of the AI Act relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such instrument. The Determination revokes the 1997 Determination.
The Determination is a legislative instrument and may be subject to disallowance in accordance with section 42 of the LIA.
Background
A land mobile licence is a type of apparatus licence primarily used to authorise spectrum use by land mobile stations. The Determination forms a core part of the framework for managing spectrum and provides conditions which assist in managing spectrum for land mobile services in Australia. Such services are heavily used by emergency service organisations like police, fire and ambulance services, and for commercial uses such as taxi services. Reliable and uninterrupted access to land mobile services is vital for these organisations.
Land mobile licences are subject to the conditions set out in the Determination. The Determination imposes the conditions for land mobile licence types, including details of assigned frequencies or frequency bands, and permitted power levels.
Incorporation by reference
This Determination refers to other legislative instruments as in force from time to time (as permitted by section 314A of the Act). Those legislative instruments are the:
- Radiocommunications (Cordless Communication Devices) Class Licence 2014; and
- Radiocommunications (Citizen Band Radio Stations) Class Licence 2015.
It also refers generally to technical standards made by the ACMA under section 162 of the Act.
These legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.
Consultation
Subsection 17(1) of the LIA requires that, before a rule-maker makes a legislative instrument, it must be satisfied that any consultation it considers appropriate and reasonably practicable has been undertaken.
The ACMA published a consultation paper and draft Determination on its website between 3 December 2014 and 14 January 2015. The consultation paper explained the sunsetting process and the ACMA’s preliminary view that the arrangements under the 1997 Determination should be remade without any significant changes. Interested parties were invited to comment.
The ACMA received one submission in response to the consultation paper, which supported the remake of the 1997 Determination without any significant changes. This was considered when making the Determination.
Regulatory Impact
The Office of Best Practice Regulation (OBPR) applies streamlined administrative processes to sunsetting legislative instruments. As the ACMA has determined that the 1997 Determination was fit for purpose and should be remade without any significant changes, and has certified those matters to the OBPR, no Regulation Impact Statement (RIS) is required for the making of the Determination. (OBPR reference ID 17484).
Detailed Description of the Determination
Details of the Determination are set out in Attachment A.
Statement of Compatibility with Human Rights
As required by subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 a Statement of Compatibility with Human Rights has been prepared by the ACMA and is at Attachment B.
Attachment A
DETAILS OF THE RADIOCOMMUNICATIONS LICENCE CONDITIONS (LAND MOBILE LICENCE) DETERMINATION 2015
PART 1 – PRELMINARY
Section 1 Name of Determination
Section 1 provides that the Determination is the Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015.
Section 2 Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 2A Revocation
Section 2A provides that the Radiocommunications Licence Conditions (Land Mobile Licence) Determination No. 1 of 1997 is revoked.
Section 3 Application
This section provides that land mobile licences of various ‘sub-types’ are subject to conditions in various Parts of the Determination as follows:
- land mobile licences (paging system station) are subject to the conditions in Part 2;
- land mobile licences (ambulatory station) are subject to the conditions in Part 3;
- land mobile licences (land mobile system station) are subject to the conditions in Part 4;
- land mobile licences (PABX cordless telephone service) are subject to conditions in Part 5;
- land mobile licences (CB repeater station) are subject to conditions in Part 6; and
- every land mobile licence is also subject to the condition in Part 7.
This section also explains that if a condition specified in a land mobile licence is inconsistent with the Determination, the condition specified in the licence applies.
Section 4 Interpretation
Section 4 defines the terms used in the Determination. A number of other terms used in the Determination are defined in the Act or in the Radiocommunications (Interpretation) Determination 2015 (Interpretation Determination).
PART 2 – CONDITIONS FOR LAND MOBILE LICENCE (PAGING SYSTEM STATION)
Section 5 Exterior paging system transmitters
Section 5 imposes conditions that limit the operation of a transmitter under a land mobile licence (paging system station) that is in an ‘exterior paging system’. ‘Exterior paging system’ is defined in section 4. ‘Exterior paging’ is defined in the Interpretation Determination to mean one-way communication to a paging receiver, other than one-way communication within premises or a restricted area. The limitations are generally related to emissions from the transmitter, when operated in various circumstances and conditions.
Section 6 Exterior paging system: supplementary main station
Section 6 imposes conditions that limit the operation of a transmitter that is a ‘supplementary main station’ operated under a land mobile licence (paging system station) that is in an exterior paging system. ‘Supplementary main station’ is defined in section 4. Among other things, the limitations prevent the supplementary main station from causing harmful interference to other radiocommunications, and to the improvement of the service provided by the exterior paging system’s main station within a 40 kilometre radius of the main station.
Section 7 Exterior paging system using an interior paging transmitter
Section 7 imposes conditions that limit the operation of a transmitter under a land mobile licence (paging system station) that is in an ‘interior paging system’ that is a part of an exterior paging system. ‘Interior paging system’ is defined in section 4. ‘Interior paging’ is defined in the Interpretation Determination to mean communication with a paging receiver or a mobile station, within premises or a restricted area. Among other things, the limitations prevent the transmitter from causing harmful interference to other radiocommunications, and to the improvement of the service provided by the interior paging system’s main station within a 40 kilometre radius of the main station.
Section 8 Interior paging system
Section 8 imposes conditions that limit the operation of a transmitter under a land mobile licence (paging system station) that is in an interior paging system. The limitations prevent the transmitter from causing harmful interference to other radiocommunications, and from emitting outside a location that is specified in the licence.
Section 9 Interior paging system: talkback
Section 9 imposes conditions that limit the operation of a transmitter under a land mobile licence (paging system station) that is a mobile station in an interior paging system. ‘Mobile station’ is defined in the Interpretation Determination. The conditions relate to the EIRP, necessary bandwidth and transmission frequency of the transmitter.
PART 3 – CONDITIONS FOR LAND MOBILE LICENCE (AMBULATORY STATION)
Section 10 Harmful interference
Section 10 provides that an operator must not operate an ambulatory station if the operation causes harmful interference to a service provided by another station.
Section 11 Communications with other stations
Section 11 provides that an operator must operate an ambulatory station only to communicate with another ambulatory station (unless the land mobile licence (ambulatory station) specifies particular stations that the ambulatory station may communicate with).
Section 12 Time out timers
Section 12 provides that an operator must not operate an ambulatory station that includes a time out timer unless the timer is enabled. ‘Time out timer’ is defined in section 4.
Section 13 Call signs
Section 13 provides that the operator of an ambulatory station must use call signs. Different rules apply depending on the frequency used by the ambulatory station.
PART 4 – CONDITIONS FOR LAND MOBILE LICENCE (LAND MOBILE SYSTEM STATION)
Section 14 Time out timers
Section 14 provides that an operator must not operate a land mobile system station that includes a time out timer unless the time out timer is enabled.
Section 15 Call signs
Section 15 provides that an operator of a land mobile system station must use call signs. Different rules apply depending on the frequency used by the land mobile system station.
Section 16 Land mobile stations: EIRP
Section 16 imposes a condition limiting the EIRP of a land mobile system station.
Section 17 Land mobile stations: permitted communications and frequencies
Section 17 provides that a land mobile system station operated in a land mobile system must only communicate with other land mobile stations in the system, and must only transmit on the transmit frequency of the system’s base station or, in some cases, on the receive frequency of the base station.
Section 18 Supplementary base stations
Section 18 imposes conditions that limit the operation of a transmitter under a land mobile licence (land mobile system station) that is a supplementary base station. Section 4 defines ‘supplementary base station’. Among other things, the limitations prevent the supplementary base station from causing harmful interference to other radiocommunications, and to the improvement of the service provided by the land mobile system’s base station within a 40 kilometre radius of the base station. The conditions also limit the emissions of a supplementary base station when operated at a communal site, or in or near the central business district of a city or town.
Section 19 Remote control stations
Section 19 imposes conditions that limit the operation of a transmitter under a land mobile licence (land mobile system station) that is a remote control station. ‘Remote control station’ is defined in section 4. Among other things, the limitations prevent the remote control station from causing harmful interference to other radiocommunications, and require the remote control station not to exceed certain transmitter powers.
Section 20 Overlay paging receivers
Section 20 provides that, for any land mobile system the transmitters of which are operated under a land mobile licence (land mobile system station), the number of overlay paging receivers must be less than the number of other land mobile stations in the system. ‘Overlay paging receiver’ is defined in section 4.
Section 21 Bi-directional amplifier system
Section 21 provides that a bi-directional amplifier system must not be used except where the operator has notified the ACMA about the location and operating parameters of the system, and where the system complies with certain power levels and modification requirements. ‘Bi-directional amplifier system’ is defined in section 4.
PART 5 – CONDITIONS FOR LAND MOBILE LICENCE (PABX CORDLESS TELEPHONE SERVICE)
Section 22 Harmful interference
Section 22 provides that an operator must not operate a land station in a PABX cordless telephone service if it would cause harmful interference to radiocommunications. ‘PABX cordless telephone service’ is defined in the Interpretation Determination.
Section 23 Devices with which a PABX cordless telephone service may communicate
Section 23 provides that an operator must operate a land station in a PABX cordless telephone service only to communicate with certain nominated devices.
PART 6 – CONDITIONS FOR LAND MOBILE LICENCE (CB REPEATER STATION).
Section 24 Connection to a telecommunications network
Section 24 provides that an operator must not directly or indirectly connect a CB repeater station to a carrier’s or a carriage service provider’s telecommunications network. ‘CB repeater station’ is defined in the Interpretation Determination.
Section 25 Operating requirements
Section 25 imposes a condition on land mobile licences (CB repeater station), requiring the CB repeater station only to receive and re-transmit signals transmitted from other stations, or that identify the CB repeater station.
Section 26 Accessibility
Section 26 provides that an operator must not operate a CB repeater station using coding equipment to limit access to a station.
Section 27 Continuous use of a CB repeater station
Section 27 provides that an operator must operate a CB repeater station that provides a continuously available service to a person who operates a CB station, unless the CB repeater station malfunctions or is causing harmful interference to a service provided by another station, in which cases operation of the station is prohibited.
Section 28 Transportable CB repeater stations: restrictions on operations
Section 28 imposes conditions on land mobile licences (CB repeater stations) for transportable CB repeater stations. A transportable CB repeater station must not, among other things, cause harmful interference to radiocommunications or, in some cases, be used within a specified distance of another CB repeater station.
Section 29 Charge for use of CB repeater station
Section 29 provides that an operator must not impose any charge or penalty, or ask for payment, for the use of a CB repeater station.
Section 30 Call sign
Section 30 provides that call signs must be used when operating a CB repeater station, in the way set out in the section.
PART 7 – CONDITION FOR EVERY LAND MOBILE LICENCE
Section 31 Compliance with applicable standards
Section 31 requires that an operator must not operate a transmitter or receiver under a land mobile licence unless it complies with all applicable standards. The ACMA makes standards under section 162 of the Act.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015 (the Instrument) is made under paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act). It imposes conditions particular to land mobile licences, including conditions related to assigned frequencies or frequency bands, and permitted power levels. Further details about the Instrument appear in the Explanatory Statement for the Instrument.
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 (the LIA) applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
The Instrument is a legislative instrument that is subject to disallowance under section 42 of the LIA.
Human rights implications
The Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Instrument is compatible with human rights as it does not raise any human rights issues.