Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Amendment Determination 2002 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 145 (4) of the Radiocommunications Act 1992.
Dated 28 November 2002
A.J SHAW Chair
R. HORTON
Deputy Chair
Australian Communications Authority
- Name of Determination
This Determination is the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Amendment Determination 2002 (No. 1).
2. Commencement
This Determination commences on 28 November 2002.
3. Amendment of Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2000
Schedule 1 amends the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2000.
Schedule 1 Amendments
Schedule 1 Amendments
(section 3)
[1] Clause 3, note 1
omit
s.145
insert
section 145
[2] Clause 3, note 2
omit
s.262
insert
section 262
[3] Clause 3, note 3
omit
s.262
insert
section 262
[4] Subclause 4(1), definition of horizontally radiated power
omit
EIRP
Schedule 1 Amendments
[5] Subclause 7(1), note
omit
s.145
insert
section 145 of the Act
[6] Subclause 7(2), note
omit
Section 66(1)
insert
Subsection 66(1)
[7] Subclause 7(6), note
substitute
[NOTE: The ACA does not intend to require the registration of mobile transmitters - see subsection 69(2) of the Act and the registration conditions of spectrum licences. The ACA does not require a device boundary to be calculated for devices mentioned in this subclause (6).]
[8] Subclause 7(7)
after
dBm
insert
EIRP
Schedule 1 Amendments
[9] Subclause 7(8)
after
dBm
insert
EIRP
[10] Paragraph 7(9)(b)
after
dBm
insert
EIRP
[11] Subclause 7(9), note
omit
subclause (7)
insert
subclause (9)
Schedule 1 Amendments
[12] Clause 8
substitute
8. (1) In this determination, a reference to an emission designator, in relation to a transmitter, is a reference to the designation of the transmitter’s emission worked out in accordance with Appendix S1 of the Radio Regulations published by the International Telecommunication Union as in force on 4 December 2000.
(2) For the purpose of working out the designation of the transmitter’s emission, the references in Appendix S1 to necessary bandwidth for a given class of emission are taken to be references to the effective occupied bandwidth of the transmitter.
[13] Schedule 2, Part 1, note (after title)
omit
section 69(2)
insert
subsection 69(2)
[14] Schedule 2, Part 1, clause 1, Step 1
omit
1 to 30
insert
1 to 55
Schedule 1 Amendments
[15] Schedule 2, Part 2
omit
1 to 30
insert
1 to 55
[16] Schedule 3, paragraph 2(d)
omit
30 segments
insert
55 segments
[17] Schedule 3, subparagraph 2(d)(i)
omit
1 to 30
insert
1 to 55
[18] Schedule 3, paragraph 2(f)
omit each mention of
2 to 30
insert
2 to 55
Schedule 1 Amendments
[19] Schedule 3, clause 2, note 2
substitute
2. A RadDEM cell is considered to be half within a sector/segment with an error of less than 1 part in 64 when the centre locations of 32 sub-cells that compose the cell are within the sector/segment.
[20] Schedule 3, clause 3
omit
1 to 30
insert
1 to 55
[21] Schedule 3, clause 4
omit
1 to 30
insert
1 to 55
Overview
The Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Amendment Determination 2002 (No. 1) was made under the Radiocommunications Act 1992 by the Australian Communications Authority (ACA), the regulatory body responsible for managing Australia's radio spectrum. This determination was enacted to address the issue of unacceptable levels of interference in the 2 GHz band, which could adversely affect the performance of radiocommunications services and equipment. The policy objective of this amendment is to refine and update the existing regulations concerning the interference levels in the specified frequency band, thereby ensuring that radiocommunications devices operate within acceptable parameters to maintain the integrity and reliability of communication services.
The determination commenced on 28 November 2002, and it amends the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2000 to incorporate updated standards and definitions, such as the introduction of EIRP (Effective Isotropic Radiated Power) in various clauses and notes. These amendments aim to clarify technical requirements and align the regulatory framework with international standards, as evidenced by references to the International Telecommunication Union's Radio Regulations. The overarching goal is to mitigate potential interference and enhance the overall efficiency of radiocommunications within the designated band.
Scope and Application
The Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Amendment Determination 2002 (No. 1) applies to the regulation and administration of radiocommunications in Australia, specifically addressing unacceptable levels of interference in the 2 GHz band. This Determination is made by the Australian Communications Authority under subsection 145(4) of the Radiocommunications Act 1992. It amends the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2000, primarily to update the technical specifications and parameters related to the frequency band in question. The Determination is applicable to all entities and persons involved in the use or operation of radiocommunications equipment within Australia, including businesses, government agencies, and individual users. Its geographic reach is nationwide, encompassing all states and territories of Australia. The Determination does not explicitly state exclusions, exemptions, or specific thresholds but rather modifies existing provisions to refine the standards for acceptable interference levels. The application of the Determination may be further detailed or extended through subordinate instruments, which are not specified in the text.
Key Provisions
The Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Amendment Determination 2002 (No. 1) amends the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2000. It introduces changes to the frequency segments, power limits, and other technical parameters related to the 2 GHz band to address interference issues. This Determination modifies the original determination by updating certain sections and notes to reflect the latest standards and requirements, ensuring the radiocommunications system operates efficiently and without unacceptable interference.
Under this Determination, entities and parties must adhere to the updated technical parameters and guidelines specified in Schedule 1 and Schedule 2. This includes ensuring that any equipment operating within the 2 GHz band complies with the revised power limits and frequency allocations. Additionally, the Determination specifies that the Australian Communications Authority (ACA) does not require the registration of mobile transmitters or the calculation of device boundaries for certain devices, as outlined in the amended notes.
Failure to comply with the provisions of this Determination may result in unacceptable levels of interference, which can disrupt radiocommunications services. Although the Determination does not explicitly outline specific penalties or consequences for non-compliance, violations of the Radiocommunications Act 1992, under which this Determination is made, may result in administrative or legal action. The penalties for offences under the Act can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any previous convictions.
The Determination also clarifies certain technical terms and definitions, such as the concept of 'horizontally radiated power' and 'emission designator', by referencing the Radio Regulations published by the International Telecommunication Union. This ensures consistency and clarity in the interpretation and application of the technical standards governing radiocommunications in the 2 GHz band. The amendments aim to enhance the regulatory framework, ensuring it keeps pace with technological advancements and industry practices.