Radiocommunications (Communication with Space Object) Class Licence 1998
The Australian Communications Authority issues this licence under subsection 132 (1) of the Radiocommunications Act 1992.
Dated 11 September 19981998.
A.J. SHAW
Chairman
R. HORTON
Deputy Chairman
Australian Communications Authorityy
Radiocommunications (Communication with Space Object) Class Licence 1998
Radiocommunications (Communication with Space Object) Class Licence 1998Radiocommunications (Communication with Space Object) Class Licence 1998
made under the
Radiocommunications Act 1992Radiocommunications Act 1992
Contents
Page
Part 1 Introductory
1 Name of licence 231
2 Commencement 231
3 Definitions 231
Part 2 Effect of licence
4 Radiocommunications devices affected 341
5 Authorised use of a licensed device 341
Part 3 Conditions
6 Authorised frequencies 451
7 Interference with other communications 561
8 Interference with radio astronomy 561
9 Operation of station in an aircraft 671
This licence is the Radiocommunications (Communication with Space Object) Class Licence 1998Radiocommunications (Communication with Space Object) Class Licence 1998.
This licence commences on gazettal.
(1) An expression used in this licence, and in the Radiocommunications Regulations or the Radiocommunications (Definitions) Determination No. 2 of 1993, has the same meaning as it has in the regulations or determination.
Examples
(2) In this licence:
Facility means the Australia Telescope National Facility.
licensed apparatus means a station for which an apparatus licence is in force.
numbering plan means the plan in force, from time to time, under section 455 of the Telecommunications Act 1997.
Note Words and expressions used in this licence that are defined generally for the Act, have the same meaning in this licence as they do in the Act (see section 46 (1) Acts Interpretation Act 1901). For example, section 5 of the Act contains definitions of apparatus licence, class licence, radiocommunication, radiocommunications device, radio emission and reception.
4 Radiocommunications devices affected
(1) A station is in the class of radiocommunications devices to which this licence applies if the station is not located on a space object.
(2) The class does not include licensed apparatus authorised to operate for a purpose that is substantially the same as the purpose for which, except for this subsection, its operation would be authorised by this licence.
5 Authorised use of a licensed device
A station to which this licence applies may be used for communications with:
(a) licensed apparatus located on a space object; or
(b) another station through licensed apparatus located on a space object.
Note The ACA proposes to give affected persons notice if licensed apparatus on a space object ceases to be licensed.
(1) This licence authorises transmission and reception of radio emissions by a station at a frequency, or frequencies, at which operation of licensed apparatus mentioned in paragraph 5 (a) or (b), as applicable, is authorised to operate.
(2) For transmissions, the station is also limited to the range:
(a) 1610 to 1660.5 MHz; or
(b) 14 to 14.5 GHz; or
(c) 28.6 to 29.1 GHz.
(3) For reception, the station is also limited to the range:
(a) 1525 to 1559 MHz; or
(b) 1613.8 to 1626.5 MHz; or
(c) 2483.5 to 2500 MHz; or
(d) 12.2 to 12.75 GHz; or
(e) 18.8 to 19.3 GHz.
Note 1 For radiocommunication at a frequency outside the range for which the licensed station is authorised, or outside the ranges mentioned in subsections (2) and (3), the operator of the station would need authorisation under an apparatus licence or a spectrum licence (if available).
Note 2 The station to which this licence applies may be subject to a standard made under Part 4.1 of the Act. That Part provides penalties for possession and use of a non-standard transmitter.
7 Interference with other communications
This licence authorises operation of a station only when its operation does not interfere with the operation of another radiocommunications device that:
(a) under the Act, a person is licensed to operate; and
(b) is being operated in accordance with that licence.
Note Section 197 of the Act provides a penalty for knowingly or recklessly doing any act or thing likely to:
(a) interfere substantially with radiocommunications; or
(b) otherwise substantially disrupt or disturb radiocommunications.
8 Interference with radio astronomy
(1) This licence does not authorise operation of a station when and where the operation could interfere with the operation of radioastronomy observations by the Facility.
(2) Subsection (1) is contravened if the station is operated in the frequency range of 1610 to 1626.5 MHz within 20 kilometres distance from a radio astronomy observatory that is part of the Facility at a time when the observatory is being used for observations in the hydroxyl frequency range of 1610.6 to 1613.8 MHz.
(3) However, subsection (2) does not apply if:
(a) the station is operated because of an emergency and:
(i) its use is limited to delivering a message to an emergency call service, within the meaning of the Telecommunications Act 1997, at a number that, under the numbering plan, is a primary or secondary emergency service number; and
(ii) no suitable alternative means of communication is reasonably available; or
(b) the operator, or the operator of the licensed apparatus with which the station is authorised to communicate, has sought advice from the Facility about the times when the observatory will be used to make observations in the range mentioned in subsection (2), and the station is operated at a time other than a time notified as a time when such an observation is scheduled to be made.
(4) Subsection (1) is contravened if the station is operated at any time in the frequency range of 1660 to 1660.5 MHz within 500 kilometres distance from a radio astronomy observatory that is part of the Facility, unless the place at which the station is operated is east of the Great Dividing Range.
Note 1 Section 46 of the Act provides a penalty for knowingly or recklessly operating a radiocommunications device, without reasonable excuse, otherwise than as authorised by a licence under the Act. In most cases, it can be expected that reliance on the operator of the associated licensed apparatus (the satellite operator) to obtain observation schedules, and take appropriate action, will be a reasonable excuse for a contravention mentioned in subsection (2).
Note 2 At the commencement of this licence, the Facility comprises the following observatories:
9 Operation of station in an aircraft
This licence does not authorise operation of a station in the frequency range of 1660 to 1660.5 MHz when the station is in an airborne aircraft.