1 Name of class licence
This class licence is the Radiocommunications (Communication with Space Object) Class Licence 2015.
4 Interpretation
(1) In this class licence:
Act means the Radiocommunications Act 1992.
AMSA means the Australian Maritime Safety Authority.
ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.
Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.
device compliance day for a station means the most recent of the following days:
(a) if the station was manufactured in Australia – the day the station was manufactured;
(b) if the station was manufactured overseas and imported – the day it was imported;
(c) if the station was altered or modified in a material respect – the day it was altered or modified.
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.
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
(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.
4A References to other instruments
In this class licence, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
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
(ia) 399.9 to 400.05 MHz; or
(ii) 1610 to 1660.5 MHz; or
(iii) 14 to 14.5 GHz; or
(iv) 28.3 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) 10.7 to 12.75 GHz; or
(viii) 17.7 to 20.2 GHz.
7 Equipment rules and Resolutions
(1) A person must not operate a station under this class licence unless the station complies with:
(a) if the device compliance day for the station occurs before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;
(b) if the device compliance day for the station occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.
(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.
(3) A person must not operate a station, or a group of stations, to which this class licence applies if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.
(4) In paragraph (1)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.
Note: Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.
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 1: A station to which this class licence applies will not be afforded protection from interference caused by a radiocommunications transmitter of other radiocommunications services.
Note 2: In accordance with section 137 of the Act, this class licence does not authorise the operation of any station in a way that is inconsistent with the terms of the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011, as in force from time to time, accessible for free at www.legislation.gov.au.
Note 3: Section 197 of the Act makes it an offence for a person to engage in conduct where they are reckless as to whether that conduct will result in substantial interference with, or substantial disruption or disturbance of, radiocommunications. In administering that provision with respect to the operation of a station for transmission on land under this class licence within the RQZ (inner) zone described in item 1 of the Schedule to the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011, as in force from time to time, the ACMA will take into account whether or not the entity responsible for operating the Murchison Radioastronomy Observatory objects to the operation of the station.
9 Interference to certain receiving stations
The operation of a station for reception in the following frequency ranges is authorised on the basis of no protection from interference caused by a point to point station:
(a) 10.7 to 11.7 GHz;
(b) 18.2 to 18.8 GHz;
(c) 19.3 to 19.7 GHz.