Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2006L00083 Not in force Legislative Instrument

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                                                                                                                                                                                    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.

 

 

 

 

 

 

 

 

 

 

Overview

The Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2) was enacted to address the challenges associated with the licensing of ultra wideband (UWB) technology under the existing apparatus licensing arrangements. This determination was made by the Australian Communications and Media Authority (ACMA) under paragraph 107(1)(f) of the Radiocommunications Act 1992, allowing ACMA to set conditions applicable to specific types of apparatus licences. The policy objective behind this amendment is to facilitate the development and commercialisation of UWB technology by introducing more suitable licensing conditions, particularly by applying a fixed licence fee regardless of the bandwidth used, thus making the licensing process more affordable and accessible for emerging UWB services. This amendment responds to the need for a licensing framework that accommodates the unique characteristics of UWB technology, which typically operates over a very large bandwidth at low power density levels, and is used in a variety of applications such as ground penetrating radar and wireless personal area networks.

Scope and Application

The Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2) amends the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997 to facilitate the licensing of certain ultra-wideband devices under the scientific non-assigned station licence option. This amendment applies to entities or individuals seeking to operate ultra-wideband devices within Australia under a scientific licence. The determination addresses the unique challenges posed by ultra-wideband technology, which occupies a very large bandwidth at low power density levels, making it difficult to license under existing arrangements. The amendment introduces specific conditions for ultra-wideband stations, ensuring they operate within defined parameters while allowing for the development and commercialisation of this emerging technology. The amendment is intended to impose no additional restrictions on business and does not require a Regulation Impact Statement as it is deemed to have no direct or significant indirect impact on business or competition. The changes to the determination came into effect upon registration and are subject to further conditions that may be imposed by the Australian Communications and Media Authority under section 111 of the Act.

Key Provisions

The Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2) primarily serves to amend the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997. This amendment facilitates the licensing of certain ultra wideband (UWB) devices under the scientific non-assigned station licence option. UWB technology, which typically occupies very large bandwidth at very low power density levels, can be challenging to license under existing arrangements due to its expansive bandwidth. The determination seeks to address this issue by providing a fixed licence fee for UWB devices, regardless of bandwidth, under the scientific licence. This change aims to encourage the development and commercialisation of UWB technology by making it more economically viable to operate. Under this amendment, the obligations imposed on parties or entities governed by the Act include compliance with all conditions specified in the Radiocommunications Act 1992, adherence to any standards applicable to their radiocommunications devices, and compliance with any additional conditions specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003, the Scientific LCD, and any other determinations made by the Australian Communications and Media Authority (ACMA). The licensee must also ensure that their operations meet any further conditions imposed by ACMA under section 111 of the Act. This includes ensuring that the devices operated under the licence comply with all relevant transmission parameters and that any communications conducted are permissible under the licence terms. There are no specific offences, penalties, or civil/criminal consequences outlined in the determination itself. However, the general framework provided by the Radiocommunications Act 1992 does include provisions for penalties and enforcement actions in case of non-compliance. For instance, section 130 of the Act provides for a maximum penalty of $1.1 million for contravening the Act or any licence conditions, and section 132 outlines the general enforcement powers of ACMA, including the ability to issue infringement notices, directions, or to commence legal proceedings. Therefore, while the amendment itself does not specify penalties, any breaches of the conditions or the Act could result in enforcement actions under the broader legislative framework.

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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.