EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Radio Altimeter Measures) Amendment Instrument 2026 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Radio Altimeter Measures) Amendment Instrument 2026 (No. 1) (the instrument) under subsection 110A(2) and section 262 of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).
Subsection 110A(2) of the Act provides that the ACMA may, by legislative instrument, determine that each apparatus licence in a specified class of apparatus licences is taken to include one or more specified conditions.
Section 262 of the Act provides that the ACMA may make written advisory guidelines about any aspect of radiocommunication or radio emission.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose and operation of the instrument
The purpose of the instrument is to incorporate the new coexistence arrangements for certain radiocommunications transmitters operating in adjacent frequency bands, by amending the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2025 (the Transmitter Advisory Guidelines), the Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020 (the AWL Determination), and the Radiocommunications Licence Conditions (Fixed Licence) Determination 2025 (the Fixed Licence LCD).
The ACMA may issue spectrum licences and transmitter licences under the Act. Area-wide licences and fixed licences are both types of transmitter licences issued under the Act. Interim mitigations to manage coexistence of radiocommunications transmitters operated under spectrum licences, area-wide licences and fixed licences in the 3.4 GHz to 4 GHz frequency band (the 3.4 GHz band) with radio altimeters operated in adjacent frequencies are included in Radiocommunications Assignment and Licensing Instruction No MS 47 (RALI MS 47). RALI MS 47 is a document prepared by the ACMA, and is incorporated by reference by the Transmitter Advisory Guidelines and the AWL Determination. It deals with radiocommunications transmitters authorised by a spectrum licence or area-wide apparatus licence respectively. As detailed in RALI MS 47, the interim mitigations apply until 31 March 2026.
The ACMA has updated RALI MS 47 to include new voluntary assurance measures that will commence on 1 April 2026 immediately after the interim mitigations cease on 31 March 2026.
Section 28C of the Act requires the ACMA to have regard to any relevant Ministerial policy statements when performing its spectrum management functions, which includes its functions under subsection 145(4) and section 262 of the Act. The ACMA has had regard to the Radiocommunications (Ministerial Policy Statement – 3.4–4.0 GHz) Instrument 2022 in making the instrument. The amendments made by the instrument relate to licences in the 3.4 GHz band, including spectrum licences that are optimised for the operation of 4G and 5G technologies. The amendments made by the instrument will allow radiocommunications devices to coexist in and adjacent to the 3.4 GHz band. This helps support access to the 3.4 GHz band for a range of use cases and users.
Transmitter Advisory Guidelines
The Transmitter Advisory Guidelines aim to manage the potential for unwanted emissions, blocking and intermodulation products caused by radiocommunications transmitters operating under a spectrum licence interfering with radiocommunications receivers in the circumstances specified in the Transmitter Advisory Guidelines. The Transmitter Advisory Guidelines provide advice regarding the management of interference across the geographical areas of the 3.4 GHz band, or in adjacent frequency bands. Operators of spectrum licensed and apparatus licensed services should use the Transmitter Advisory Guidelines in the planning of services or the resolution of interference. The ACMA will also take the Transmitter Advisory Guidelines into account when determining whether a spectrum licensee is causing interference to a licensed radiocommunications receiver that is operating in accordance with its licence conditions.
The instrument amends a provision in the Transmitter Advisory Guidelines so that the protection requirements for the aeronautical service (which includes radio altimeters) in subsection 34(1) only apply before 1 April 2026. A note is also added to indicate that, from 1 April 2026, licensees are strongly encouraged to comply with radio altimeter coexistence measures as set out in RALI MS 47.
The Act does not prescribe any consequences for failing to comply with the Transmitter Advisory Guidelines.
AWL Determination
An apparatus licence may be either a transmitter licence or a receiver licence. An area-wide licence (AWL) is a type of transmitter licence specified by the ACMA in a determination made under section 98 of the Act. The AWL Determination specifies the conditions to which each AWL is subject, and the additional conditions to which particular classes of AWL are subject. The conditions relate to interference management, including conditions that enable radiocommunications transmitters operating under an AWL to coexist with other radiocommunications devices, and conditions imposing other responsibilities and requirements for managing interference.
Clause 4 of Schedule 4 to the AWL Determination imposes a condition on some AWLs that requires the operation of radiocommunications transmitters to comply with particular requirements in RALI MS 47. The instrument amends the AWL Determination so that the condition does not apply after 31 March 2026. A note is also added to indicate that, from 1 April 2026, licensees are strongly encouraged to comply with radio altimeter coexistence measures as set out in RALI MS 47.
Operation of a radiocommunications device is not authorised by an apparatus licence (including an AWL) if it is not in accordance with the conditions of the licence (subsection 97(4) of the Act). Under section 46 of the Act, it is an offence, and subject to a civil penalty, to operate a radiocommunications device otherwise than as authorised by a spectrum licence, apparatus licence or a class licence. The Act prescribes the following maximum penalties for the offence:
- if the radiocommunications device is a radiocommunications transmitter, and the offender is an individual – imprisonment for 2 years;
- if the radiocommunications device is a radiocommunications transmitter, and the offender is not an individual – 1,500 penalty units (which is $495,000 based on the current penalty unit amount of $330);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
The Act prescribes the following maximum civil penalties:
- if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($99,000);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
It is an offence, and subject to a civil penalty, to possess a radiocommunications device for the purpose of operating the device otherwise than as authorised by a spectrum licence, apparatus licence or class licence (section 47 of the Act). The Act prescribes the same penalties for this offence and civil penalty contravention as for the offence and civil penalty contravention in section 46.
In addition, an apparatus licensee, or a person authorised under section 114 of the Act in relation to an apparatus licence, must not contravene a condition of the licence. Contravention is subject to a civil penalty (section 113 of the Act). The Act prescribes a maximum civil penalty of 100 penalty units ($33,000).
Fixed Licence LCD
A fixed licence is a type of transmitter licence specified by the ACMA in a determination made under section 98 of the Act. Fixed licences generally authorise the operation of one or more radiocommunication transmitters at fixed locations, which are used to communicate with stations located at other fixed locations or, sometimes, mobile stations.
The Fixed Licence LCD specifies the conditions to which different classes of fixed licence are subject, regarding the operation of radiocommunications transmitters under those licences. The conditions relate to matters such as the antennas that may be used by the transmitters, the purpose for which some transmitters may be operated, and interference caused to other radiocommunications.
The instrument adds a note to indicate that licensees are strongly encouraged to comply with coexistence measures between transmitters operated under a fixed licence (point to multipoint system) and radio altimeters in Radiocommunications Assignment and Licensing Instruction No MS 50 (RALI MS 50).
Generally
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA) and is disallowable. Each of the Transmitter Advisory Guidelines, the AWL Determination and the Fixed Licence LCD is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.
Documents incorporated by reference
The instrument does not amend the Transmitter Advisory Guidelines or the Fixed Licence LCD to incorporate a document by reference.
The instrument amends the AWL Determination to incorporate a reference to RALI MS 47, as existing from time to time (see section 6 of the AWL Determination). RALI MS 47 is available, free of charge, from the ACMA’s website at www.acma.gov.au.
Consultation
Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
The ACMA published a draft version of the instrument and an accompanying consultation paper on the ACMA website on 12 December 2025 for a period of 8 weeks, to 6 February 2026. The consultation paper sought comments on the ACMA’s proposal to amend the Transmitter Advisory Guidelines, the AWL Determination and the Fixed Licence LCD, and to introduce new voluntary assurance measures for the coexistence of wireless band services in the 3.7 GHz to 4 GHz frequency band, and radio altimeters in the 4.2 GHz to 4.4 GHz frequency band. These assurance measures were proposed to be included in RALI 47 and RALI 50, and to come into effect on 1 April 2026, after the current interim mitigation measures in those documents expire on 31 March 2026.
The ACMA received 6 submissions in response to the consultation paper, with one submission being confidential. A submission from the Australian Mobile Telecommunications Association was generally supportive of the ACMA’s proposal and provided some minor potential amendments to RALI 47 and RALI 50, but not to the instrument.
Submissions were also received from various members of the aviation sector, including a submission made on behalf of several airports, Airbus, Boeing Australia, the Australian Airline Pilots’ Association and the Australian Airports Association, and separate submissions from the Australian Airline Pilots’ Association, Melbourne Airport and Boeing Australia. These submissions detailed several comments about the ACMA’s proposals, including that the assurance measures should be mandatory (not voluntary), and that the current interim mitigation measures should be continued until better performing radio altimeters are in use, and extended in their scope.
The ACMA considered these comments; however, it decided not to adopt proposals in these submissions and did not make any changes to the instrument. The ACMA’s proposed measures are consistent with arrangements adopted internationally and are consistent with advice provided by the Civil Aviation Safety Authority. The ACMA provided responses to submissions in an outcomes paper that was published on the ACMA website.
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 LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
The statement of compatibility with human rights set out below has been prepared to meet that requirement.
Overview of the instrument
Section 262 of the Act permits the ACMA to make advisory guidelines about any aspect of radiocommunication or radio emissions. The Transmitter Advisory Guidelines are made under section 262, and aim to manage the potential for unwanted emissions, blocking and intermodulation products caused by radiocommunications transmitters operating under a spectrum licence interfering with radiocommunications receivers in the circumstances specified in the Transmitter Advisory Guidelines. The Transmitter Advisory Guidelines provide advice regarding the management of interference across the geographical areas of the 3.4 GHz band, or in adjacent frequency bands. Operators of spectrum licensed and apparatus licensed services should use the Transmitter Advisory Guidelines in the planning of services or the resolution of interference. The ACMA will also take the Transmitter Advisory Guidelines into account when determining whether a spectrum licensee is causing interference to a licensed radiocommunications receiver that is operating in accordance with its licence conditions.
The instrument amends a provision in the Transmitter Advisory Guidelines so that the protection requirements for the aeronautical service (which includes radio altimeters) in subsection 34(1) only apply before 1 April 2026. A note is also added to indicate that, from 1 April 2026, licensees are strongly encouraged to comply with radio altimeter coexistence measures as set out in RALI MS 47.
The Fixed Licence LCD and AWL Determination are made under subsection 110A(2) of the Act. Subsection 110A(2) of the Act provides that the ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include one or more specified conditions.
The AWL Determination specifies the conditions to which each AWL is subject, and the additional conditions to which particular classes of AWL are subject. The conditions relate to interference management, including conditions that enable radiocommunications transmitters operating under an AWL to coexist with other radiocommunications devices, and conditions imposing other responsibilities and requirements for managing interference.
Clause 4 of Schedule 4 to the AWL Determination imposes a condition on some AWLs that requires the operation of radiocommunications transmitters to comply with particular requirements in RALI MS 47. The instrument amends the AWL Determination so that the condition does not apply after 31 March 2026. A note is also added to indicate that, from 1 April 2026, licensees are strongly encouraged to comply with radio altimeter coexistence measures as set out in RALI MS 47.
The Fixed Licence LCD specifies the conditions to which different classes of fixed licence are subject, regarding the operation of radiocommunications transmitters under those licences. The conditions relate to matters such as the antennas that may be used by the transmitters, the purpose for which some transmitters may be operated, and interference caused to other radiocommunications.
The instrument adds a note to indicate that licensees are strongly encouraged to comply with coexistence measures between transmitters operated under a fixed licence (point to multipoint system) and radio altimeters in RALI MS 50.
Human rights implications
The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Radio Altimeter Measures) Amendment Instrument 2026 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Radio Altimeter Measures) Amendment Instrument 2026 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 Authority
This section identifies the provisions of the Act that authorise the making of the instrument, namely subsection 110A(2) and section 262 of the Act.
Section 4 Amendments
This section provides that Schedule 1 sets out the amendments that are made to each instrument specified in that schedule.
Schedule 1–Amendments
Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2025
Item 1
Item 1 makes a change to subsection 34(1) of the Transmitter Advisory Guidelines, to the effect that subsection 34(1) only applies before 1 April 2026.
Item 2
Item 2 makes a change that is consequential to the change in item 3.
Item 3
Item 3 inserts an additional note to explain that, despite the change made to subsection 34(1) of the Transmitter Advisory Guidelines, the coexistence measures in RALI MS 47 are strongly encouraged to be met from 1 April 2026.
Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020
Item 4
Item 4 makes a change that is consequential to the change in item 5.
Item 5
Clause 4 of Schedule 4 to the AWL Determination imposes a condition that requires operation of a radiocommunications transmitter under certain AWLs to comply with certain requirements in RALI MS 47.
Item 5 inserts a provision to the effect that the condition in clause 4, to the extent it relates to coexistence with radio altimeters, does not apply after 31 March 2026. Item 5 also inserts a note to explain that, despite that change, the coexistence measures in RALI MS 47 are strongly encouraged to be met from 1 April 2026.
Radiocommunications Licence Conditions (Fixed Licence) Determination 2025
Item 6
Item 6 inserts a note to subsection 32(1) of the Fixed Licence LCD to explain that the coexistence measures in RALI MS 50 are strongly encouraged to be met.