EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No.2)

Radiocommunications Act 1992

Legislative Provisions

The Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No.2) (the Amendment Determination) amends the Radiocommuniations Licence Conditions (PTS Licence) Determination 1997 (the Determination).

Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (the ACMA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.

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.

The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

Purpose

The purpose of the Amendment Determination is to insert in the Determination the conditions that apply to the new PMTS C licensing option proposed to facilitate mobile communication services on aircraft. The proposed conditions include conditions for on-ground operation for testing and maintenance and compliance with specified Civil Aviation Safety Regulations.  

The Amendment Determination is one of a number of amending legislative instruments forming part of the radiocommunications regulatory framework that seeks to facilitate the provision of mobile communication services on aircraft.

The other amending legislative instruments are the:

• Radiocommunications (Interpretation) Amendment Determination 2010 (No. 2);
• Radiocommunications (Charges) Amendment Determination 2010 (No. 2);
• Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence Variation 2010 (No.1); and
•    Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4).

Background

The ACMA proposes to establish a new PMTS Class C apparatus licence option specifically for mobile communication services on aircraft. Amendments to the Radiocommunications Licence Conditions (PTS Licence) Determination 1997 introduce conditions that will apply to the new PMTS Class C apparatus licence type.

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 in relation to this amendment.

Notice of the proposed amendment and an invitation for public submissions was provided on ACMA’s internet site from 8 December 2009 through to 29 January 2010. Twelve submissions were received in response to this invitation for comment.

The ACMA proposed in its discussion paper that the minimum height below which operation of the onboard system is not permitted be set at 6000 metres above ground level in the Determination. Eight submissions argued that the use of devices onboard aircraft should be permitted at a height of 3000 metres above ground level rather than 6000 metres above ground level.

An apparatus licence is subject to licence conditions specified under paragraph 107(1) (g) of the Act and the conditions set out in the Determination.  The ACMA intends that the Determination is kept technology neutral. Having considered all stakeholder views the ACMA considers that it is appropriate to manage the operating height restriction and other technical restrictions like out of band emission limits by way of licence conditions specified under paragraph 107(1)(g) of the Act. The ACMA considers that this approach provides flexibility for future licensing possibilities as newer technology for mobile communication services on aircraft become available and provides the ACMA with a mechanism for managing concerns regarding interference with terrestrial networks and aircraft safety issues. The ACMA will be able to assess the technology and operating specifications of individual onboard service providers on a case by case basis in order to set an appropriate minimum height for operation.

Regulation Impact Statement

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 on businesses or the economy. 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 155.

 Detailed Description of the Instrument 

 Details of the Amendment Determination are set out in Attachment 1.

Attachment 1

NOTES ON THE INSTRUMENT

Section 1- Name of Determination

Section 1 provides that the Amendment Determination is the Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No.2).

Section 2 – Commencement

Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment of Radiocommunications Licence Conditions (PTS Licence) Determination 1997

Section 3 provides that Schedule 1 amends the Radiocommunications Licence Conditions (PTS Licence) Determination 1997 (the Determination).

Schedule 1 – Amendments

Item [1] Paragraph 2 (1) (b)

Item [1] makes a mechanical amendment to paragraph 2(1)(b).

Item [2] After paragraph 2(1) (b)

Item [2] inserts a new paragraph to clarify that every PTS licence (PMTS C) is also subject to the conditions in Part 4 of the Determination.

Item [3] Subsection 3(1), definition of licence

Item [3] substitutes the definition of licence to include a PMTS B and PMTS C licence.

Item [4] Subsection 3 (1), after the definition of PTS licence (PMTS B)

Item [4] inserts a definition for a PTS licence (PMTS C) to mean a PTS licence that authorises the holder to operate a station in a PMTS Class C. The term ‘PMTS Class C’ is defined in the Radiocommunications (Interpretation) Determination 2000.

Item [5] After Part 3

Item [5] inserts a new Part 4 to the Determination that specifies the additional conditions that apply to a PTS (PMTS Class C) licence. These conditions relevantly relate to on-ground operation for testing and maintenance purposes (section 10) and compliance with civil aviation safety regulations (section 11).