Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2003 (No. 1)

Overview

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2003 (No. 1) was enacted to amend the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, addressing issues related to interference potential of certain radiocommunications devices. This legislative instrument was issued by the Australian Communications Authority under sections 132 and 134 of the Radiocommunications Act 1992, with the aim of ensuring that low interference potential devices do not cause harmful interference to other radiocommunications services. This Variation came into effect upon gazettal and specifically modifies the parameters for digital modulation transmitters, setting limits on their radiated peak power spectral density and minimum 6 dB bandwidth to mitigate potential interference issues.

Scope and Application

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2003 (No. 1) applies to the variation of the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, which is issued under the Radiocommunications Act 1992 by the Australian Communications Authority. The scope of this legislative instrument is specifically targeted at modifying the technical parameters and operational constraints for certain digital modulation transmitters. This variation impacts entities and individuals who operate such devices within Australia, ensuring compliance with updated technical standards to minimise radio frequency interference. The Variation sets out stringent limits on the radiated peak power spectral density and minimum 6 dB bandwidth requirements, which must be adhered to by the licensees operating within the specified frequency ranges. Geographically, the application of this legislative instrument is confined to the Commonwealth of Australia, affecting all digital modulation transmitters operating within the stipulated frequency bands. The Variation does not introduce new exemptions or thresholds but rather refines existing parameters to enhance the efficiency and reliability of radiocommunications. The Authority retains the power to extend or restrict the application of this Variation through subordinate instruments, allowing for further adjustments in response to technological advancements or operational needs.

Key Provisions

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2003 (No. 1) (the Variation) is a legislative instrument issued by the Australian Communications Authority under sections 132 and 134 of the Radiocommunications Act 1992. This Variation modifies the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the Licence), effective from the date of its gazettal. Specifically, Schedule 1 to the Variation alters the Licence by introducing new conditions for certain digital modulation transmitters operating within defined frequency ranges. Under the Variation, three new conditions are imposed on digital modulation transmitters operating within the frequency ranges of 915–928 MHz, 2400–2483.5 MHz, and 5725–5850 MHz. For each of these frequency ranges, the Variation stipulates that the radiated peak power spectral density must not exceed 25 mW per 3 kHz in any 3 kHz bandwidth. Additionally, the minimum 6 dB bandwidth for these transmitters must be at least 500 kHz. These technical requirements are intended to ensure that the devices operate with low interference potential, thereby minimising the impact on other radiocommunication services. Entities or individuals holding the Licence must ensure that any digital modulation transmitters operating within the specified frequency ranges comply with the new conditions outlined in the Variation. This includes adhering to the specified limits on peak power spectral density and 6 dB bandwidth to maintain low interference potential. Failure to comply with these requirements may result in non-compliance with the Licence conditions, potentially leading to enforcement actions. The Act provides for both civil and criminal penalties for breaches of its provisions or the Licence conditions. Under section 138 of the Radiocommunications Act 1992, an entity may be liable for a civil penalty of up to $11,000 for each day of non-compliance. Additionally, an individual who is responsible for the non-compliance may be liable for a civil penalty of up to $2,200 for each day of non-compliance. If the non-compliance is deemed to be serious, criminal penalties may apply, with maximum penalties including substantial fines and imprisonment, depending on the severity and circumstances of the breach.