Federal Register of Legislation - Australian Government

Primary content

Licences/Radiocommunications as made
This instrument revokes and replaces the Radiocommunications (Communication with Space Object) Class Licence 1998 without making any significant changes to the regulatory arrangements created by that instrument. To preserve the effect of the 1998 class licence, the ACMA therefore revoked the 1998 class licence before its sunset date and remade it with minor changes as the class licence. The main change made is to excise radionavigation-satellite service frequencies from the class licence. The reception of these radionavigation-satellite service frequencies is authorised by a new class licence, the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 23 Sep 2015
Tabling HistoryDate
Tabled HR12-Oct-2015
Tabled Senate12-Oct-2015

Radiocommunications (Communication with Space Object) Class Licence 2015

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this class licence under subsection 132(1) of the Radiocommunications Act 1992.

Dated: 18 September 2015

Chris Chapman
[signed]
Member

Brendan Byrne
[signed]
Member / General Manager

 

1              Name of class licence

                This class licence is the Radiocommunications (Communication with Space Object) Class Licence 2015.

2              Commencement

This class licence commences on the later of:

                (a)    the day after it is registered; or

               (b)    the day on which it is published in the Gazette.

Note 1   All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.

Note 2   Both (a) and (b) must occur for this class licence to commence.

 

3              Revocation

                The Radiocommunications (Communication with Space Object) Class Licence 1998 (F2005B01174) is revoked.

4              Interpretation

         (1)   In this class licence:

Act means the Radiocommunications Act 1992.

AMSA means the Australian Maritime Safety Authority.

Global Maritime Distress and Safety System (GMDSS) means the systems of requirements for ships contained in Chapter IV of SOLAS (the International Convention for the Safety of Life At Sea) and implemented in Australia through Marine Orders made under the Navigation Act 2012, as in force from time to time.

Note    For the current text of Chapter IV of SOLAS, see SOLAS, 1974, as amended, published by the IMO, available at www.imo.org. Marine Orders are legislative instruments available on ComLaw at http://www.comlaw.gov.au.

IMO means the International Maritime Organisation.

qualified operator means a person who:

(a)    holds a certificate of proficiency issued under section 121 of the Act; or

(b)   holds a qualification issued by AMSA; or 

(c)    holds an overseas qualification recognised by the ACMA or AMSA as an equivalent qualification.

Note   For further information on the qualifications recognised by the ACMA or AMSA refer to www.acma.gov.au and www.amsa.gov.au.

standard means a standard made under section 162 of the Act.

Note   For definitions of other expressions used in this class licence, see the Act and the Radiocommunications (Interpretation) Determination 2015. These include the following terms which are defined and have the meaning given to them by the Radiocommunications (Interpretation) Determination 2015:

·         apparatus licence

·         maritime ship station

·         space object

·         spectrum plan

·         station

         (2)   A reference in this class licence to:

(a)                 an instrument made under the Act; or

               (b)                 a Resolution adopted by the IMO;

                is a reference to the instrument or Resolution as in force from time to time.

         (3)   In this class licence, the range of numbers that identifies a frequency band is taken to include the higher, but not the lower, number.

Example   The 148 to 150.05 MHz frequency band is made up of radio frequencies that exceed 148 MHz but do not exceed 150.05 MHz.

5              Class licence

         (1)   This class licence authorises a person to operate a station to which this class licence applies for the purpose of communications with:

                (a)    a station on a space object which is authorised by a space or space receive apparatus licence; or

               (b)    another station through a station on a space object which is authorised by a space or space receive apparatus licence;

subject to the conditions set out in sections 6, 7 and 8.   

         (2)   This class licence applies to all stations except:

                (a)                stations located on a space object; and

               (b)                stations authorised by an apparatus licence to operate for a purpose that is substantially the same as the purpose authorised by this class licence.

6              Authorised frequencies

                This class licence authorises transmission or reception of radio emissions by a station operating under this class licence in the following frequency ranges only:

  (a)    for transmission:

            (i)         148 to 150.05 MHz; or

                        (ii)        1610 to 1660.5 MHz; or                    

                        (iii)       14 to 14.5 GHz; or

            (iv)       28.5 to 29.1 GHz; or

            (v)        29.5 to 30 GHz.

  (b)    for reception:

            (i)         137 to 138 MHz; or

            (ii)        400.05 to 400.15 MHz; or

            (iii)       400.15 to 401 MHz; or

            (iv)       1525 to 1559 MHz; or

            (v)        1613.8 to 1626.5 MHz; or

            (vi)       2483.5 to 2500 MHz; or

            (vii)      11.7 to 12.75 GHz; or

            (viii)     17.7 to 18.2 GHz; or

            (ix)       18.8 to 19.3 GHz; or

            (x)        19.7 to 20.2 GHz.

7              Standards and Resolutions

(1)  A person must not operate a station under this class licence unless the station complies with any standard applicable to the station as in force:

                (a)    if the station was manufactured in Australia – on the day it was manufactured;

               (b)    if the station was manufactured overseas and imported – on the day it was imported;

                (c)    if the station was altered or modified in a material respect – on the day it was altered or modified.

         (2)   A person must not operate a maritime ship station in the GMDSS under this class licence unless:

(a)   the person is a qualified operator; and

(b)   the station complies with the Resolutions of the IMO relating to such maritime ship stations;

Note:    The Maritime Design and Installation Guidelines as published by Inmarsat from time to time define the Resolutions of the IMO applicable to Inmarsat equipment operating within the GMDSS. These guidelines are available at www.inmarsat.com. Resolutions of the IMO are available at www.imo.org.

8              Interference with other stations

         (1)   This class licence authorises operation of a station only when its operation does not interfere with the operation of a radiocommunications receiver.

         (2)   This class licence authorises operation of a station in the frequency range of 1610 to 1626.5 MHz within 20 kilometres of a radio astronomy observatory mentioned in footnote AUS87 of the spectrum plan, only if:

(a)   the operator of the station has sought advice from the operator of the radio astronomy observatory about when it may operate the station; and

(b)   the station is operated during periods consistently with the advice from the radio astronomy observatory.

         (3)   This class licence does not authorise operation of a station in the frequency range of 1660 to 1660.5 MHz when the station:

(a)   is within 500 kilometres of a radio astronomy observatory mentioned in footnote AUS87 of the spectrum plan; or

                (b)    is in an airborne aircraft.

Note:    A radiocommunications device to which this class licence applies will not be afforded protection from the interference caused by other radiocommunications services.