EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2014 (No. 1)
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2014 (No. 1) (the Variation) is to update arrangements for wireless microphones and other devices operating in the television broadcasting services bands 174-230 MHz and 520-694 MHz to support the transition of such devices out of the digital dividend[1] and reflect the differences between sharing this spectrum with digital and analog television services, now that analog television broadcasting services have been switched off. The changes affecting wireless audio transmitters (wireless microphones) provide greater opportunities through the removal of a number of previous limitations on use which were in place to protect analog television reception. These limitations are no longer necessary, and are not required to protect digital television reception.
The Variation also introduces new arrangements supporting the use of ultra-wideband (UWB) technology, radiofrequency identification (RFID) transmitters and level probing radar (LPR) devices in certain circumstances.
Legislative Provisions
Section 134 of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (the ACMA), by notice published in the Gazette, to vary a class licence.
Background
It is general requirement of the Act that the operation of all radiocommunications devices within Australia be authorised by a radiocommunications licence.
A class licence is one type of licence available to authorise the operation of radiocommunications devices. It is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions. A class licence sets out the conditions under which any person is permitted to operate any device to which the class licence is applicable; it is not issued to an individual user, and does not involve the payment of licence fees. The licences are issued by the ACMA as legislative instruments and are registered on the Federal Register of Legislative Instruments.
The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (LIPD Class Licence) authorises the operation of a wide range of low interference radiocommunications devices in various segments of the radiofrequency spectrum. The LIPD Class Licence sets out the conditions under which many types of short range devices may operate. These transmitters do not require individual frequency coordination because of their low interference characteristics. Examples of equipment covered by the LIPD Class Licence include garage door openers, RFID transmitters and personal alarms. Wireless microphones may be operated under a class of transmitter called “wireless audio transmitters” in the LIPD Class Licence, provided they comply with the limitations specified for that class of transmitter.
Operation
The Variation makes a number of changes to the LIPD Class Licence. The individual changes introduced by the Variation are set out below.
- Changes to Section 3A Definitions - update to the definition of coverage area
A number of changes are being made to section 3A of the LIPD Class Licence to facilitate a change to the definition of the coverage area of a broadcasting station or datacasting service station, as used in the limitations to items 22, 22A, 22B, 22C, and the new 22D.
The change in definition of coverage area will:
- update the specified field strength limits from those for analog television to those for digital television;
- add field strength limits for the VHF band for television and digital radio;
- limit the coverage area to within the licence area, if any, of a broadcasting or datacasting service station. That is, if a particular broadcasting or datacasting station relates to, for example, a commercial television broadcasting licence, the coverage area for that station will not go beyond the boundary of the licence area for that licence.
New definitions are included for licence area in relation to broadcasting stations used to provide commercial television broadcasting services and community broadcasting services.
Other new definitions include those for “radio broadcasting service”, “radio program” (as used in the definition of “radio broadcasting service”), “temporary community broadcasting licence”, “television broadcasting service”, “television program”, and “specified limit”, as used in the definition of coverage area. The “specified limit” is a measure of media field strength of transmissions made by a station, and used to determine the coverage area for that station.
2. Changes to Schedule 1, Item 22 – VHF Wireless Audio Transmitters
The Variation updates the limitation that previously provided that a transmission from a VHF wireless audio transmitter on frequencies in a TV channel must not originate in the licence area of a broadcasting station using that TV channel. The limitation now provides that such transmission must not originate in the relevant coverage area. This harmonises the arrangements with those in the UHF band 520-694 MHz. The effect of this change, when combined with the new definition of ‘coverage area’, is to restrict the use of a wireless audio transmitter so that it cannot operate in the same channel as a broadcasting or datacasting station in an area within the licence area applicable (if any) where the transmission from the station is above the specified limit. The wireless audio transmitter may (subject to the other limitations) operate in that channel in any area outside the licence area, or within the licence area where the transmission from the station is below the specified limit.
The Variation also removes the limitation that prevented the operation of a wireless audio transmitter in this band within 200 kHz of the upper edge and 400 KHz below the lower edge of an operating adjacent channel broadcasting or datacasting service. These frequency separations for the protection of analog television reception are no longer required since the cessation of analog television broadcasting.
3. Changes to Schedule 1, Item 22A – UHF Wireless Audio transmitters
The changes to this item remove limitations 4 and 5. Limitation 4 prevented wireless audio transmitters in this band from operating such that the field strength in an adjacent coverage area of a station in the broadcasting or datacasting services would exceed 30 dBuV/m. Limitation 5 prevented the operation of a wireless audio transmitter in this band within 400 kHz of an adjacent channel broadcasting or datacasting service. These limitations are no longer required to protect analog television reception in the band since the cessation of analog television broadcasting.
4. Changes to Schedule 1, Item 22B – UHF Digital Wireless Audio transmitters
The changes to this item remove limitations 3 and 4. Limitation 3 prevented wireless audio transmitters in this band from operating such that the field strength in an adjacent coverage area of a station in the broadcasting or datacasting services would exceed 30 dBuV/m. Limitation 4 prevented the operation of a wireless audio transmitter in this band within 400 kHz of an adjacent channel broadcasting or datacasting service. These limitations are no longer required to protect analog television reception in the band since the cessation of analog television broadcasting.
5. New item 22D – Indoor Wireless Audio transmitters
This new item enables the indoor operation of wireless audio transmitters across the permitted operating frequency range 520-694 MHz with a maximum equivalent isotropically radiated power (EIRP) of 100mW. There are two limiting conditions on use of this class of transmitter.
The first is that such devices must only be operated indoors to prevent interference to the reception of television broadcasting services.
The second limitation is that the equipment used must conform to one of two international standards, being either European Telecommunications Standards Institute (ETSI) Standard EN 301 357: Electromagnetic Compatibility and Radio Spectrum Matters (ERM), Cordless audio devices in the range 25 MHz to 2000 MHz, or ETSI Standard EN 300 422 – Electromagnetic Compatibility and Radio Spectrum Matters (ERM), Wireless microphones in the 25 MHz to 3 GHz frequency range. Copies of these standards are available from the ETSI website: www.etsi.org.
6. Change to Schedule 1, Item 24 – Biomedical telemetry transmitters
This change to the existing limitation changes the exclusion area for the use of biomedical telemetry transmitters used in the UHF Band (520-668 MHz) from the licence area to the coverage area of a broadcasting station or datacasting service station operating on the same channel. This change harmonises arrangements with those for wireless audio transmitters.
7. New item 32B – Radiofrequency identification transmitters (RFID)
This new item for inclusion in the LIPD Class Licence enables the operation of RFID transmitters in the bands 22000-23480 MHz and 24100-26500 MHz with a maximum EIRP of 630 mW. There are two limiting conditions on the use of this class of transmitter operating in these bands.
The first limitation is that the equipment must only be operated indoors, so that interference to other services in the band is prevented by the shielding offered by the building.
The second limitation is that a radiofrequency identification transmitter operated under this item must not be operated within a nominated distance of a specified Australian radio-astronomy site, as listed in the definitions section of the LIPD Class Licence. This limitation provides additional interference protection for sensitive receivers used at these radio-astronomy sites.
8. Changes to Schedule 1, Item 38 – Transmitters used for underground communications
This change alters the permitted operating frequency range for transmitters used for underground communications so that, after 31 December 2014 the band 694-820 MHz will no longer be included in the permitted frequency range.
The band 694-820 MHz is the digital dividend band. This change removes the risk of interference to new services expected to operate in the band 694-820 MHz after 31 December 2014 and harmonises arrangements with those of other transmitters operating in the television broadcasting bands.
9. New Item 48A – Radiodetermination transmitters
This new item for inclusion in the LIPD Class Licence enables the operation of level probing radar industrial equipment as radiodetermination transmitters. These transmitters may operate in the frequency range 75000-85000 MHz with a maximum EIRP as defined in the standards requirements of the limitations (see below). There are three limiting conditions on the use of this class of transmitter in the band.
The first limitation is that the equipment must only be operated in a position such that emissions from the antenna are directed towards the ground or a floor or the wall of building or similar structure to minimise the radiation of emissions from the site.
The second limitation is that the equipment used must conform to the ETSI Standard EN 302 729: Electromagnetic Compatibility and Radio Spectrum Matters (ERM), Short Range Devices (SRD) Level Probing Radar (LPR) equipment operating in the frequency ranges 6 GHz to 8.5 GHz, 24.05 GHz to 26.5 GHz, 57 GHz to 64 GHz, 75 GHz to 85 GHz; Part 1: Technical characteristics and test methods. Copies of this standard are available from the ETSI website: www.etsi.org.
The third limitation is that a radiofrequency identification transmitter operated under this item must not be operated within a nominated distance of a specified Australian radio-astronomy site, listed in the definitions section of the LIPD Class Licence.
10. Changes to Schedule 1, Item 58 – Video sender transmitters
The change alters the permitted operating frequency range for video sender transmitters so that after 31 December 2014 the band 694-806 MHz will no longer be included in the permitted frequency range. The band 694-806 MHz overlaps part of the digital dividend band 694-820 MHz. This change removes the risk of interference to new services expected to operate in the band 694-820 MHz after 31 December 2014 and harmonises arrangements with those of other transmitters operating in the television broadcasting bands.
11. New item 61 – Ultra-wideband transmitters
The insertion of this new item in the LIPD Class Licence will enable the operation of ultra-wideband transmitters in the band 6000-8400 MHz with a maximum EIRP as specified in either of the two internationally harmonised standards specified in the limitations (see below). There are three limiting conditions on the use of this class of transmitter.
The first limitation is that the equipment used must conform to one of two international standards, being either with ETSI Standard EN 302 500: Electromagnetic Compatibility and Radio Spectrum Matters (ERM), Short Range Devices ISRD) using Ultra Wideband (UWB) technology; Location Tracking equipment operating in the frequency range from 6 GHz to 9 GHz; Part 1: Technical characteristics, or with ETSI Standard EN 302 065 – Electromagnetic Compatibility and Radio Spectrum Matters (ERM), Short Range Devices (SRD) using Ultra Wide Band technology (UWB) for communications purposes; Part 1: Technical characteristics. Copies of these standards are available from the ETSI website: www.etsi.org.
The second limitation is that these transmitters must not be operated on board any aircraft or from any fixed outdoor location. The operation of these transmitters in the confined space of an aircraft could pose an interference risk with other systems linked to the control or navigation of the aircraft. The operation of these transmitters at fixed outdoor locations could pose an accumulative interference risk to other services.
The third limitation is that devices must not be operated within the nominated distances of specified Australian radio-astronomy sites, as listed in the definitions section of the LIPD Class Licence. This limitation provides additional interference protection for sensitive receivers used at these radio-astronomy sites.
Consultation
Section 17 of the Legislative Instruments Act 2003 (LIA) requires the ACMA to be satisfied that any consultation it considers to be appropriate and reasonably practicable to undertake has been undertaken before making a legislative instrument. Subsection 136(1) of the Act also requires that a Gazette notice explaining the variation be published and a period of at least one month be provided for public comment. In addition, subsection 136(1A) also requires the ACMA to consult all licensees of spectrum licences who may be affected by the proposed variation.
On 11 March 2014, the ACMA published a notice in the Gazette inviting public comment until 27 April 2014. Notice of the proposed variation and an invitation for public submissions were also provided on the ACMA website from 11 March 2014. Submissions were also sought from persons who have been allocated spectrum licences in the digital dividend spectrum.
Seventeen submissions were received in response and the ACMA has taken these submissions into account. As a result of the consultation, the ACMA has decided to not to specify a maximum EIRP limit for the new item 61 ultra-wideband transmitters, but rather to apply the maximum EIRP limits specified in the ETSI Standards specified in the “Limitations” for the item, as in some cases under the standards the limit on the maximum EIRP is lower than 0dBm/50 MHz. The ACMA has also decided to reduce the permitted operating frequency range to 6000-8400 MHz.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 (LIA) applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is at Attachment B.
Regulation Impact
A preliminary regulatory impact analysis assessment has been carried out and based on this assessment the Office of Best Practice Regulation (OBPR) has determined that the regulatory change made by the Variation requires no further regulatory impact analysis – OBPR reference number 14322.
Variation Details
Further details of the Variation are provided in Attachment A.
ATTACHMENT A
NOTES ON SECTIONS
Section 1 Name of Notice
Section 1 provides for the citation of the Variation.
Section 2 Commencement
This section provides that the Variation commences on the day after it is registered or the day on which it is published in the Gazette, whichever is the later. Both events must occur for commencement to occur.
Section 3 Variation of Radiocommunications (Low Interference Potential Devices) Class Licence 2000
This section provides that Schedule 1 varies the Radiocommunications (Low Interference Potential Devices) Class Licence 2000.
Schedule 1 Variations
Items 1 to 5 Section 3A Definitions – new and changed definitions
Items 1 to 5 insert the new definitions that are necessary to facilitate the changes to the definition of coverage area, discussed above.
The new definitions largely refer to defined terms in the Broadcasting Services Act 1992
Items 6 to 9 – Schedule 1, Item 22 – substitution and removal of limitations
Items 6 and 7 make the changes discussed above under Operation (Changes to Schedule 1, Item 22 – VHF Wireless Audio Transmitters), allowing wireless audio transmitters to operate in broadcasting channels in some circumstances.
Items 8 and 9 make the changes discussed above under Operation (Changes to Schedule 1, Item 22A – UHF Wireless Audio transmitters and Changes to Schedule 1, Item 22B – UHF Digital Wireless Audio transmitters), allowing wireless audio transmitters to operate in an extended range of circumstances, due to the cessation of analog television transmissions.
Item 10 – Schedule 1, New Item 22D
This new enables the indoor operation of wireless audio transmitters across the permitted operating frequency range 520-694 MHz with a maximum EIRP of 100mW, in the manner discussed above under Operation (New item 22D – Indoor Wireless Audio transmitters).
Item 11 – Schedule 1, Item 24
Item 11 makes the change discussed above under Operation (Change to Schedule 1, Item 24 – Biomedical telemetry transmitters).
Item 12 – Schedule 1, New Item 32B
Item 12 inserts the new item 32B into the LIPD Class Licence to enable the operation of radiofrequency identification transmitters as described in the discussion above under Operation (New item 32B – Radiofrequency identification transmitters (RFID)).
Items 13 and 14 – Schedule 1, Item 38
Items 13 and 14 make the change discussed above under Operation (Changes to Schedule 1, Item 38 – Transmitters used for underground communications).
Item 15 – Schedule 1, New Item 48A
Item 15, inserts new item 48A into the LIPD Class Licence to enable the operation of level probing radar as radiodetermination transmitters in the band 75000-85000 MHz, as described in the discussion above under Operations (New Item 48A – Radiodetermination transmitters).
Items 16 and 17 – Schedule 1, Item 58
These items make the change discussed above under Operations (Changes to Schedule 1, Item 58 – Video sender transmitters).
Item 18 – Schedule 1, New Item 61
This item makes a change that enables the operation of ultra-wideband transmitters in the band 6000-8400 MHz, as described in the discussion above under Operations (New item 61 – Ultra-wideband transmitters).
ATTACHMENT B
[1] More information on wireless microphones and the digital dividend can be found at http://www.wirelessmicrophones.gov.au.