Radiocommunications (Unacceptable Levels of Interference – 3.4 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 – 3.4 GHz Band) Amendment Determination 2002 (No. 1).
2. Commencement
This Determination commences on 28 November 2002.
3. Amendment of Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2000
Schedule 1 amends the Radiocommunications (Unacceptable Levels of Interference – 3.4 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 2
omit
- Radiocommunications Advisory Guidelines (Registration of Transmitters without an Interference Impact Certificate) 1998
insert
- Radiocommunications Advisory Guidelines (Registration of Transmitters without an Interference Impact Certificate) 1998
Schedule 1 Amendments
[4] Clause 3, note 3
omit
s.262
insert
section 262
[5] Clause 3, note 3
omit
- Radiocommunications Advisory Guidelines (Managing Interference to Apparatus Licensed Receivers – 3.4 GHz Band) 2000; and
- Radiocommunications Advisory Guidelines (Managing Out-of-band Interference in Receivers Operating in Spectrum Licensed Space – 3.4 GHz Band) 2000
insert
- Radiocommunications Advisory Guidelines (Managing Interference to Apparatus Licensed Receivers – 3.4 GHz Band) 2000; and
- Radiocommunications Advisory Guidelines (Managing Out-of-band Interference in Receivers Operating in Spectrum Licensed Space – 3.4 GHz Band) 2000.
[6] Subclause 4(1), definition of horizontally radiated power
omit
eirp
Schedule 1 Amendments
[7] Subclause 7(1), note
omit
s.145
insert
section 145 of the Act
[8] Subclause 7(2), note
omit
S.66(1)
insert
Subsection 66(1)
[9] Subclause 7(4)
omit
and section 7.1(3)
[10] Subclause 7(7), note
omit
s.69(2)
insert
subsection 69(2)
Schedule 1 Amendments
[11] Subclause 8(1)
omit
Article 4
insert
Appendix S1
[12] Subclause 8(2)
omit
Article 4
insert
Appendix S1
[13] Subclause 8(2), note
omit
[14] Schedule 2, Part 1, note (after title)
omit
s.69(2)
insert
subsection 69(2)
Schedule 1 Amendments
[15] Schedule 2, Part 1, paragraph 2(4)(b)
omit
eirp
insert
EIRP
[16] 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.
Overview
The Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Amendment Determination 2002 (No. 1) was enacted by the Australian Communications Authority under subsection 145(4) of the Radiocommunications Act 1992. This legislative instrument was introduced to amend the 2000 Determination, addressing issues related to interference levels within the 3.4 GHz frequency band. The determination aims to ensure that the levels of interference do not exceed acceptable limits, thereby maintaining the integrity and quality of radiocommunications services. By amending specific clauses and incorporating updated guidelines, this determination seeks to align the regulatory framework with current technological standards and industry practices, ultimately fostering a more efficient and reliable radiocommunications environment.
Scope and Application
The Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Amendment Determination 2002 (No. 1), made by the Australian Communications Authority under the Radiocommunications Act 1992, applies to the regulation of radiocommunications within Australia, specifically focusing on the 3.4 GHz Band to manage and mitigate unacceptable levels of interference. This determination is instrumental in updating and refining the parameters for the registration and operation of transmitters within the specified frequency band, ensuring compliance with national standards and guidelines. The amendments detailed in Schedule 1 of the Determination focus on updating references to sections of the Radiocommunications Act and related guidelines, and adjusting technical specifications to maintain the integrity of radiocommunications infrastructure and services. The determination is comprehensive in its scope, aiming to cover all entities and persons involved in the operation of transmitters within the 3.4 GHz Band, ensuring that the amendments are applied uniformly across the country. While the determination itself does not specify exclusions or exemptions, the application of its provisions may be subject to further clarification or regulation through subordinate instruments or guidelines issued by the Authority.
Key Provisions
The Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Amendment Determination 2002 (No. 1) amends the Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2000. It introduces changes to the regulatory framework governing the 3.4 GHz band, which is used by various telecommunications services. Specifically, it modifies the acceptable levels of interference and updates the guidelines for managing interference within this frequency band. These changes aim to ensure that the radiocommunications services operate without causing undue interference to each other and to licensed receivers.
The obligations imposed by this Determination include ensuring that the equipment used within the 3.4 GHz band adheres to the specified acceptable levels of interference. This means that any device operating in this band must comply with the updated technical standards and guidelines outlined in the Determination. Operators are required to register their transmitters with an Interference Impact Certificate and to manage interference to licensed receivers and out-of-band interference as stipulated. Additionally, the Determination mandates that the definitions and technical specifications, such as the horizontally radiated power, are updated to reflect the new standards.
Failure to comply with the provisions of this Determination can result in significant consequences. Breaches of the updated interference levels or non-compliance with the registration requirements can lead to enforcement actions. The Australian Communications Authority has the authority to issue fines and other penalties. Under the Radiocommunications Act 1992, the maximum penalty for contravening the Determination could be substantial, reflecting the importance of maintaining the integrity of the radiocommunications spectrum. Civil and criminal penalties may apply depending on the severity and intent of the breach.