Explanatory Statement
Issued by the Australian Communications and Media Authority
Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No.1)
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No. 1) (the Amendment Determination) is to remove the PMTS Class A and PACTS licence provisions from the scope of the Radiocommunications Licence Conditions (PTS Licence) Determination 1997 (PTS Licence Conditions Determination).
This amendment also includes conditions for the operation of repeater stations authorised under the PMTS Class B licence under the PTS licence type.
Legislative Provisions
Section 107 (1) (f) of the Radiocommunications Act 1992 (the Act) provides that an apparatus licence may be subject to conditions determined by the ACMA in writing. The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).
Subsection 33 (3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to amend that instrument.
Background
While a number of PMTS Class B apparatus licences have been issued in the 900 MHz and 1800 MHz bands to support the operation of public mobile telecommunications services throughout Australia, there are only four existing PMTS Class A apparatus licences in the 800 MHz band. The PMTS Class A licensing option was originally established to authorise the analogue advanced mobile phone service (AMPS) network operated by Telstra in the 800 MHz band. The NextG network that now operates in that band is predominantly authorised under spectrum licences. The PACTS licensing option has not been applied by the ACMA in over a decade.
The Amendment Determination is intended to rationalise the number of licensing options under the PTS licence type by removing the PMTS Class A and PACTS licensing options respectively. This change would result in all terrestrial mobile telecommunications services being authorised under a PMTS Class B apparatus licence outside of spectrum licensed areas.
PTS licences are primarily used to authorise base stations that provide mobile telecommunications services. However, local conditions and geography may cause deficiencies or “black spots” in base station coverage. Network operators therefore use repeater stations to improve coverage. Each repeater station receives transmissions from a base station and automatically re-transmits them to the end user in the black spot, doing the same for the transmissions from the end user back to the base station.
In order to operate, repeater stations must transmit on both transmit and base receive frequencies specified in the PTS licence. The ACMA proposes to include specific licence conditions in the PTS Licence Condition Determination (LCD) that repeater transmissions are authorised under PMTS Class B apparatus licences to operate using both transmit and base receive frequencies.
Operation
The Amendment Determination will remove the PMTS Class A and PACTS licence options as these licences are no longer issued by the ACMA. Existing PMTS Class A apparatus licences will be converted to PMTS Class B licences.
The amendment will remove references about “land stations” so that they become “stations”. This will allow for the operation of devices on aircraft, for example.
The amendment will also set out conditions for the use of repeater stations by licensees.
Consultation
Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken. The Amendment Determination, along with a number of other legislative instruments, were included for consultation in a package of regulatory proposals to facilitate the deployment of public mobile telecommunications services in the 2 GHz band.
The package was released on the ACMA website for consultation for the period 6 October to 23 November 2009 and was accompanied by a media release. Two submissions were received in relation to the package. The respondents to the 2 GHz consultation process were supportive of the Amendment Determination.
Regulatory Impact Analysis
The ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Amendment Determination has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation (OBPR), the ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS exemption reference number is ACMA 129.
Detailed Description of the Instrument
Details of the Amendment Determination are set out in the Attachment.
ATTACHMENT
NOTES ON SECTIONS
Section 1 – Name of Determination
This section provides for the name of the Amendment Determination.
Section 2 – Commencement
This section provides that the Amendment Determination commences on the day after it is registered.
Section 3 – Amendment to the Radiocommunications Licence Conditions (PTS Licence) Determination 1997
This section provides that Schedule 1 amends the Radiocommunications Licence Conditions (PTS Licence) Determination 1997.
Section 4 – Application of amendments
This section provides that the amendments described in the Amendment Determination do not apply to existing PMTS Class A apparatus licences held by licensees prior to the commencement of the Amendment Determination. However, the note to this section advises licensees that the ACMA may substitute the PMTS Class A apparatus licence with a different PTS licence at the time of licence expiry.
Schedule 1 Amendments
Item [1] Paragraph 2 (1) (b)
This section removes the PMTS Class A licence option from the scope of the PTS Licence Conditions Determination.
Item [2] Paragraph 2 (1) (c)
This section removes the PACTS licence option from the scope of the PTS Licence Conditions Determination.
Item [3] Subsection 3 (1), definition of licence
This section removes references of both PMTS Class A and PACTS licence options from the definition of licence in the PTS Licence Conditions Determination; however, reference to PMTS Class B remains.
Item [4] Subsection 3 (1), definition of PTS Licence (PACTS) and PTS Licence (PMTS A)
This section removes the definitions of PTS Licence (PACTS) and PTS Licence (PMTS A) from the PTS Licence Conditions Determination.
Item [5] Subsection 3 (1), after the definition of PTS Licence (PMTS B)
This section includes a new definition of repeater station in the PTS Licence Conditions Determination.
Item [6] Section 4
This section removes the reference to land stations and instead refers to stations authorised to operate under the PTS licence.
Item [7] Subsection 5 (1)
This section removes the reference to land stations and instead refers to stations authorised to operate under the PTS licence.
Item [8] Subsection 5 (2)
This section replaces references to the ACA with ACMA.
Item [9] Part 3, heading
This section amends the heading of Part 3 by removing reference to the PMTS Class A licence option.
Item [10] Section 6
This section removes reference to the PMTS Class A licence option from the conditions set out in Part 3 of the PTS Licence Conditions Determination.
Item [11] Paragraph 7 (b)
This section replaces references to the ACA with ACMA.
Item [12] After section 7
This section inserts the new licence condition for the operation of repeater stations in Part 3 of the PTS Licence Conditions Determination.
Item [13] Part 4
This section removes Part 4 from the PTS Licence Conditions Determination. Part 4 of the PTS Licence Conditions Determination set out the conditions for the operation of PACTS licences.