Statutory Rules 1982 No. 2941

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Wireless Telegraphy Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wireless Telegraphy Act 1905.

Dated 28 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

N. A. BROWN

Minister of State for

Communications

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Commencement

1. These Regulations shall come into operation on 1 November 1982.

Interpretation

2. Regulation 3 of the Wireless Telegraphy Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of "base station" and substituting the following definition:

" 'base station' means a land station in the land mobile service established for communication with mobile stations in that service;";

(b) by inserting after the definition of "coast station" in sub-regulation (1) the following definitions:

" 'coast station, Class A' means a coast station other than a coast station, Class B, that is used for communicating with ship stations on very high frequency channels;

'coast station, Class B' means a coast station that is used for communicating with ship stations on other channels in addition to, or instead of, very high frequency channels;

'developmental station' means a station, other than an amateur station or a novice amateur station, having a frequency not exceeding 1 gigahertz, being a station used solely for the purpose of the conduct of experiments associated with research into radiocommunications, or the development of a radiocommunications service;";

(c) by omitting from sub-regulation (1) the definitions of "earth station, Class A" and "earth station, Class B", and substituting the following definitions:

" 'earth homestead station' means an earth station established at least 10 kilometres from an official post office and capable of carrying not more than 2 voice channels;

'earth station, Class A' means an earth station, other than an earth homestead station, capable of carrying not more than 1 voice channel;

'earth station, Class B' means an earth station, other than an earth homestead station, capable of carrying more than 1 but not more than 12 voice channels;";

(d) by inserting after the definition of "earth station, Class E" in sub-regulation (1) the following definitions:

" 'exterior paging service, Class A' means a system of exterior paging stations providing a radiocommunications service other than an exterior paging service, Class B;

'exterior paging service, Class B' means a system of exterior paging stations providing a radiocommunications service including as a component of that system a transmitter operating in a high density location;";

(e) by omitting from sub-regulation (1) the definitions of "fixed station, Class A" and "fixed station, Class B" and substituting the following definitions:

"'fixed station, Class A' means a fixed station, having one or more frequencies each of which is below 30 megahertz;

'fixed station, Class B' means a fixed station having a single frequency of 30 megahertz or higher employing a single channel for the transmission of telemetry or low duty cycle speech;

'fixed station, Class C means a fixed station, other than a fixed station, Class B, having one or more frequencies each of which is of 30 megahertz or higher;

'general licence, Class A' means a licence in respect of a station using for transmission purposes an occupied bandwidth not

exceeding 36 kilohertz, being a station not otherwise referred to in the Schedule;

'general licence, Class B' means a licence in respect of a station using for transmission purposes an occupied bandwidth exceeding 36 kilohertz and not exceeding 500 kilohertz, being a station not otherwise referred to in the Schedule;

'general licence, Class C means a licence in respect of a station using for transmission purposes an occupied bandwidth exceeding 500 kilohertz and not exceeding 3000 kilohertz, being a station not otherwise referred to in the Schedule;

'general licence, Class D' means a licence in respect of a station using for transmission purposes an occupied bandwidth exceeding 3000 kilohertz and not exceeding 10000 kilohertz, being a station not otherwise referred to in the Schedule;

'general licence, Class E' means a licence in respect of a station using for transmission purposes an occupied bandwidth exceeding 10000 kilohertz, being a station not otherwise referred to in the Schedule;";

(f) by inserting after the definition of "harbour" in sub-regulation (1) the following definitions:

" 'high density location' means a location situated—

(a) within 80 kilometres of the General Post Office, Sydney, in the State of New South Wales;

(b) within 30 kilometres of the Post Office, Newcastle, in the State of New South Wales;

(c) within 30 kilometres of the Post Office, Wollongong, in the State of New South Wales;

(d) within 65 kilometres of the General Post Office, Melbourne, in the State of Victoria;

(e) within 30 kilometres of the Post Office, Geelong, in the State of Victoria;

(f) within 40 kilometres of the General Post Office, Brisbane, in the State of Queensland;

(g) within 30 kilometres of the Post Office, Surfers Paradise, in the State of Queensland;

(h) within 30 kilometres of the General Post Office, Adelaide, in the State of South Australia; or

(i) within 30 kilometres of the General Post Office, Perth, in the State of Western Australia;

'inshore boating service' means a maritime mobile radiocommunications service between limited coast stations and ship stations operating in inshore waters;

'land mobile service' means a radiocommunications service between a base station and mobile stations or between mobile

stations normally used for land surface movement, as the case requires;

'land station' means a station in the mobile service not established for use while in motion;";

(g) by omitting from sub-regulation (1) the definitions of "mobile service" and "mobile station" and substituting the following definitions:

" 'low duty cycle speech', in relation to a station, means that that station transmits for less than 30 minutes per day on not more than 26 days in any period of 12 months;

'mobile service' means a radiocommunications service between mobile stations and land stations at fixed locations or between mobile stations, as the case requires;

'mobile station' means a station in the mobile service established for use while in motion or during halts at unspecified points;

'multipoint distribution station' means a transmitting station that provides a one way radiocommunications of television or broadband data to fixed receiving stations capable of receiving laser transmissions or to multipoint distribution station receivers located at fixed points;

'multipoint distribution station, Class A' means a multipoint distribution station employing laser transmissions;

'multipoint distribution station, Class B' means a multipoint distribution station that does not employ laser transmissions;

'multipoint distribution station receiver' means a fixed receiving station operating on a bandwidth exceeding 8000 kilohertz, being a station that is not capable of receiving laser transmissions;

'network licence' means a licence in respect of all of the stations and appliances established, erected, maintained or used by a person in the provision of radiocommunications services throughout Australia, where the average of the number of frequencies that are used, or are to be used, in the operation of each particular station and appliance multiplied by the total number of such stations and appliances exceeds 8000;

'outside broadcast television service' means a radiocommunications service established by a relevant person, being a service operated between fixed stations, or base stations, and transportable stations for the transmission of vision or sound programmers associated with outside events to a studio or transmitter for re-broadcast to the general public;

'public correspondence' means any telecommunication which any station must, by reason of its being operated as a public service for the convenience of the general public, accept for transmission;

'relevant person', in relation to an outside broadcast television service, means—

(a) the Australian Broadcasting Commission established under the Broadcasting and Television Act 1942;

(b) the Special Broadcasting Service established under that Act;

(c) the person who under that Act is, or is deemed to be, the licensee of a commercial television station; or

(d) a person who is, under section 89A of that Act, admitted to participate in any of the benefits of the licence held by a person referred to in paragraph (c) or to exercise any of the powers or authorities granted by that licence,

as the case requires;

'remote control station' means a station established at a fixed location for the remote control of a land station that is used for communicating with mobile stations;

'remote control station, Class A' means a remote control station that—

(a) transmits and receives on the same frequency; or

(b) transmits and receives on different frequencies, either of which is the same as the transmitting or receiving frequency used by the land station to communicate with mobile stations used in connection with that land station;

'remote control station, Class B' means a remote control station that transmits and receives on different frequencies, each of which is different from the transmitting and receiving frequencies used by the land station to communicate with mobile stations used in connection with that land station;

'remote control station, Class C' means a remote control station forming part of a trunked land mobile service;

'repeater station' means a station established at a fixed location for the reception of radio signals from amateur stations or citizen band radio stations and the automatic re-transmission of those signals by radio;";

(h) by inserting after the definition of "ship station" in sub-regulation (1) the following definitions:

"'ship station, Class A' means a ship station, other than a ship station, Class C, used by a member of an organization established to provide an inshore boating service, not being a station that is licensed to transmit or receive public correspondence;

'ship station, Class B' means a ship station other than a ship station, Class C—

(a) that is licensed to transmit or receive public correspondence; or

(b) that is not so licensed and that is not a ship station, Class A,

as the case requires;

'ship station, Class C' means a ship station equipped in accordance with the Navigation (Radio) Regulations;

(i) by adding at the end of sub-regulation (1) the following definition:

"'trunked land mobile service' means a radiocommunications system comprised of base stations, mobile stations and associated remote control stations, Class C, in which channels are so interconnected that when a user wishes to communicate with another user, an automatic search of the channels is carried out until an available channel is located for conveying that communication;"; and

(k) by omitting sub-regulations (4) and (5).

Licences

3. Regulation 5 of the Wireless Telegraphy Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulation:

"(3) A person who uses a station or appliance, being a station or appliance included in the stations and appliances in respect of which a network licence is granted or renewed, is not required to hold a licence included in any other class of licences in respect of that station or appliance during the period in respect of which the network licence is so granted or renewed.".

Handphone station licence—repeal

4. Regulation 8 of the Wireless Telegraphy Regulations is repealed.

Schedule

5. The Schedule to the Wireless Telegraphy Regulations is repealed and the following Schedule substituted:

SCHEDULE Sub-regulation 5 (1)

CLASSES OF LICENCES

SCHEDULE—continued

SCHEDULE—continued

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 October 1982.

2. Statutory Rules 1942 No. 348 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 268 and see also Statutory Rules 1982 No. 268.