ATTACHMENT D  

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2010 (No. 1)

Radiocommunications Act 1992

Purpose

The purpose of the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2010 (No. 1) (the Class Licence Variation) is to vary the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008 (the Amateur Class Licence) to facilitate amateur (advanced category) use of the 135.7-137.8 kHz frequency band (the amateur LF band) in Australia.

Legislative Provisions

Section 134 of the Radiocommunications Act 1992 (the Act) provides that the Australian Communications and Media Authority (the ACMA) may vary a class licence by notice published in the Gazette.

A class licence variation is a legislative instrument for the purpose of the Legislative Instruments Act 2003 (the LIA).

Subsection 56(1) of the LIA ensures that the requirement in the Act for publication in the Gazette is satisfied by registration of the instrument on the Federal Register of Legislative Instruments (FRLI).

Background

The amateur service facilitates qualified individuals (amateurs) to carry out communications with other amateurs and carry out technical experimentation in radiocommunications using the low frequency spectrum.

The low frequency spectrum is of interest to the amateur radio community as it has propagation characteristics unlike those of higher frequency bands.

The World Radiocommunications Conference of 2007 (WRC-07) allocated the 135.7-137.8 kHz frequency band (the amateur LF band) for amateur service use on a secondary basis in most parts of the world, including Australia. The Radio Regulations of the International Telecommunication Union were amended to reflect this decision with the inclusion of radio regulations 5.67A and 5.67B.  

Radio Regulation 5.67A states that stations in the amateur service using frequencies in the band 135.7-137.8 kHz shall not exceed a maximum radiated power of 1 W (e.i.r.p) and shall not cause harmful interference to stations of the radionavigation service operating in countries listed in No. 5.67.[1]

Radio Regulation 5.67B states that the use of the band 135.7-137.8 kHz in Algeria, Egypt, Iran (Islamic Republic of), Iraq, Libyan Arab Jamahiriya, Lebanon, Syrian Arab Republic, Sudan and Tunisia is limited to the fixed and maritime mobile services. The amateur service shall not be used in the above-mentioned countries in the band 135.7-137.8 kHz, and this should be taken into account by the countries authorising such use.

On 10 December 2008, the ACMA made the Australian Radiofrequency Spectrum Plan 2009 (the Spectrum Plan). This instrument provides for an amateur secondary allocation and associated footnotes 67A and 67B that reflects the WRC-07 amendments.

The Spectrum Plan provides the legislative basis to vary the Amateur Class Licence to give broad regulatory effect to the WRC-07 decision.

Operation

The Class Licence Variation varies the Amateur Class Licence to facilitate amateur (advanced category) use of the amateur LF band in Australia.

The Class Licence Variation also includes additional unrelated variations to improve clarity and to harmonise Australia’s approach in some areas with international arrangements. These are as follows:

• Regulatory provisions relating to certain communications with amateurs in foreign countries are clarified.
• Call sign identification requirements are made more consistent with those used overseas.
• Insertion of a new section outlining the permitted transmitter output power for amateurs operating under Part 3, Division 6.
• Other minor editorial variations to reflect current legislative drafting practices.

Consultation

Before varying a class licence, the ACMA must publish a notice in the Gazette inviting persons to make representations about the proposed variation and providing those persons with an opportunity of at least one month in which to make those representations (section 136 of the Act)

In accordance with section 136 of the Act, and for the purpose of section 17 of the LIA, the ACMA invited submissions to be made on a draft of the Class Licence Variation. Public comment was sought through the publication of a Gazette notice. The Gazette notice was published on 29 September 2010, with accompanying information available on the ACMA website immediately thereafter. The public consultation period concluded on 1 November 2010.

The ACMA also consulted directly with those organisations that would be most likely affected by the proposed variations. The ACMA provided the Wireless Institute of Australia (the WIA) and General Motors Holden with a draft of the Class Licence Variation and accompanying documentation.

One submission was received in response to the direct consultation. The submission was generally supportive of the changes. No other submissions were received.

The ACMA identified an additional amendment after the conclusion of the public consultation period. The amendment inserts section 48 in Part 3 Division 6, providing the permitted transmitter output power for amateur operation under this Division. This amendment results in the licensing arrangements in the Amateur Class Licence mirroring those in the existing arrangement for amateur apparatus licences for the same category of visiting overseas amateurs. The WIA was consulted regarding this matter and provided support for the proposed amendment.

The ACMA considered the responses received when making the Class Licence Variation.

Regulatory Impact

The Office of Best Practice and Regulation (OBPR) has considered the matter and formed the opinion that no further regulatory impact analysis is required for the proposal. The OBPR reference number is ID11996.

Class Licence Variation Details

Details of the Class Licence Variation are provided at the Attachment.

Attachment

Notes on Class Licence Variation

Section 1 Name of Variation

  Section 1 provides the name of the Class Licence Variation.

Section 2 Commencement

Section 2 provides that the Class Licence Variation commences on the day after it is registered.

Section 3 Amendment of Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008

 Section 3 provides that Schedule 1 amends the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008.

Schedule 1  Variations

[1] Subsection 3 (1), after definition of authorised officer

 Item 1 inserts a definition of EIRP in subsection 3 (1), after the definition of authorised officer.

[2] Subsection 3 (1), definition of harmful interference

 Item 2 substitutes each mention of ‘the International Telecommunication Union Radio Regulations’ with ‘the Radio Regulations’ in the definition of harmful interference in subsection 3 (1).

[3] Subsection 3 (1), definition of harmful interference

 Item 3 substitutes each mention of ‘the Australian radiofrequency spectrum plan’ with ‘the spectrum plan’ in the definition of harmful interference in subsection 3 (1).

[4] Subsection 3 (1), after definition of qualified person

 Item 4 inserts a definition of Radio Regulations and spectrum plan in subsection 3 (1), after the definition of qualified person.

[5] Subsection 8 (2), at the foot

 Item 5 inserts Note 1 and Note 2 in subsection 8 (2), at the foot. The notes are being relocated from the foot of subsection 8(3) to improve the clarity of the provision.

[6] Subsection 8 (3), including the notes

 Item 6 substitutes subsection 8 (3) to improve the clarity of the provision regarding certain communications with amateurs in foreign countries.

[7] Subsection 11(1)

 Item 7 substitutes subsection 11(1) to make operator identification requirements more consistent with those used overseas.

[8] After section 24

 Item 8 inserts section 24A after section 24 to provide for the permitted radiated power in the frequency band 135.7-137.8 kHz.

[9] Section 25

 Item 9 omits each mention of ‘Subject to section 22’ and inserts ‘Subject to sections 22 and 24A’ in section 25 to include an additional reference.

[10] Table 1A, note

 Item 10 omits the note after the heading in Table 1A as it is superfluous.

[11] Table 1A, before item 1

 Item 11 inserts item 1A in Table 1A, before item 1 to provide for an additional frequency band and corresponding emission mode.

[12] After section 47

 Item 12 inserts section 48 to provide for the permitted transmitter output power.

[13] Further amendments

Item 13 substitutes certain terms in accordance with current legislative drafting practices. Variations are minor and administrative in nature.

[1]  Radio Regulation 5.67 states that in Mongolia, Kyrgyzstan and Turkmenistan, the band 130-148.5 kHz is also allocated to the radionavigation service on a secondary basis. Within and between these countries this service shall have an equal right to operate (WRC-07).