EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications Licence Conditions (Scientific Licence) Amendment
Determination 2005 (No. 2)
Radiocommunications Act 1992
Legislative Provisions
Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.
A Determination made under paragraph 107(1)(f) is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
This amendment to the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997 (the Scientific LCD) facilitates the licensing of certain ultra wideband devices under the scientific non-assigned station licence option.
Background
A scientific licence is an apparatus licence type. The operation of radiocommunications equipment authorised by an apparatus licence is subject to:
- conditions specified in the Act, including an obligation to comply with the Act;
- a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it;
- conditions specified in the Radiocommunications Licence Condition (Apparatus Licence) Determination 2003 and any other determinations made by ACMA under paragraph 107(1)(f) of the Act;
- conditions specified in the licence; and
- any further conditions imposed by ACMA under section 111 of the Act.
Under paragraph 107(1)(f) of the Act, ACMA may determine, by written instrument, conditions relating to a particular type of apparatus licence. These instruments are known as Licence Conditions Determinations (LCDs). LCDs contain the generic conditions particular to various radiocommunications licence types and licensing options, including details of any common frequencies or frequency bands, permitted power levels, type of communications permitted, persons with whom the licensee is permitted to communicate, callsign usage and any other relevant transmission parameters. Conditions applicable to scientific licences are specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and the Scientific LCD.
Issues
Ultra wideband (UWB) is an emerging wireless technology that typically occupies very large bandwidth at very low power density levels. UWB services occupy a very wide band which may span a number of bands allocated for different purposes within the radiofrequency spectrum.
UWB technology can be used in a variety of applications including ground penetrating radar, imaging systems, short-range automotive radar, wireless personal area networks and location tracking systems. It is a technology that is still being developed and is finding increasingly important uses. It can be difficult to license because of its large bandwidth.
The scientific licence type is intended to be used for radiocommunications services undergoing development. Once services are sufficiently proven, they are re-licensed under a licence type more suited for long term operation. Present licensing arrangements are applicable for current narrowband technology and are not suitable for new and developing ultra wideband technology.
Because ACMA’s licence fee structure is largely based on the bandwidth used by a service it makes the cost of licensing ultra wideband technology prohibitive under existing apparatus licensing arrangements. The proposed amendments to the Scientific LCD will allow licensing of UWB under the Scientific Licence (scientific non-assigned station) option. Under this arrangement a fixed licence fee will apply regardless of bandwidth.
The Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2) commenced on registration.
Consultation
ACMA consulted with the Office of Regulation Review (ORR) who advised that a Regulation Impact Statement is not required for these amendments to the Scientific LCD (ORR ID: 5833). ORR noted that the proposed amendments have no direct or significant indirect impact on business and do not restrict competition.
Further external consultation was not considered necessary. The amendment is intended to facilitate development and commercial applications of UWB technology and will impose no additional restrictions on business.
ATTACHMENT 1
Notes about instrument
Section 1 Name of Determination
Section 1 provides for the citation of the Determination.
Section 2 Commencement
Section 2 provides for the commencement of the Determination.
Section 3 Amendment of the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997
Section 3 provides that Schedule 1 amends the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997.
Schedule 1 Amendments
[1] Subsection 3 (1)
Item [1] adds definitions for ultra wideband station and for UWB.
[2] Paragraph 6 (1) (a)
Item [2] updates the Determination regarding the change from the ACA to ACMA.
[3] Subsection 9 (1)
Item [3] ensures that non-assigned stations that are not UWB stations cannot operate under conditions intended for UWB stations.
[4] Subparagraph 9 (1) (a) (i)
Item [4] allows for the addition of Schedule 2.
[5] Subparagraph 9 (1) (b) (i)
Item [5] identifies items belonging in Schedule 1.
[6] After section 9
Item [6] adds conditions of operation for UWB stations.
[7] Schedule, heading
Item [7] renames the Schedule as Schedule 1.
[8] After the Schedule
Item [8] allows for the addition of Schedule 2 which includes the permitted station frequencies and conditions for UWB stations.