IFC 15/2008

ACMA amends Mobile Phone Jammer Prohibition

After consideration of submissions received in its recent public consultation process ACMA has advised, by way of a notice published in The Australian newspaper on 21 January 2009, that it has amended the Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices, dated 4 March 1999 (the Mobile Phone Jammer Prohibition).

The Amendment Declaration amends the Mobile Phone Jammer Prohibition to create an exemption allowing for the operation of a device if:

1. the device is designed to facilitate a cellular mobile telephone service onboard an aircraft operating within another frequency; and
2. the device is operated for that purpose.

Despite the variation, in-flight mobile phone services cannot be provided in Australia unless the ACMA also establishes appropriate radiocommunications licensing arrangements. However, the variation will allow airlines and their service providers to undertake further development work related to the provision of in-flight mobile phone services.

Eighteen representations were received during the consultation phase. Five were supportive submissions. These submissions noted that a successful trial of the on board system (under a exemption for trial onboard an aircraft) had resulted in no complaints to ACMA of interference to either aircraft avionics or terrestrial networks. They also noted that demand existed for the mobile phone telephone services that could potentially be provided if the amendment was made. One submission was neutral on the matter of the Amendment Declaration. One submission expressed concern over emission limits and possible interference to future services. ACMA gave due consideration to all submissions.

Several submissions received during consultation commented on issues not directly relevant to the Amendment Declaration. Most of these issues concerned potential regulatory arrangements (including licensing) that would need to be made in order for in-flight mobile phone services to be introduced or the nature and specifics of the potential services themselves. The Amendment Declaration does not authorise the operation of devices. Rather it allows ACMA to consider the matter of licensing arrangements for operation. Subject to the approval of the Authority, licensing options for these services may be the subject of a future public consultation.

Consultation on proposed amendment

The information below was provided during public consultation. Submissions received were posted after the consultation period closed.

Submissions Available

ACMA is considering a proposal to amend the Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices (the Mobile Phone Jammer Prohibition) to exclude devices that are designed to facilitate in-flight mobile phone services and are operated for that purpose.

On 15 October 2008, ACMA released the draft Amendment Determination for comment. The closing date for submissions was 17 November 2008. Extensions to this deadline were granted in the case of some submissions. Eighteen submissions were received.

Copies of submissions received in relation to the proposed amendment are available below in PDF format.

Background

The Australian Communications and Media Authority (ACMA) proposes to amend the Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices (the Mobile Phone Jammer Prohibition).

Proposed Changes

ACMA proposes to amend the Mobile Phone Jammer Prohibition to exclude devices that are designed to facilitate in-flight mobile phone services and are operated for that purpose.

In-flight mobile phone services can only be offered once appropriate radiocommunications licensing arrangements are developed and established by ACMA. The proposed amendment will not establish licensing arrangements for in-flight services. Rather, the proposed amendment will remove an impediment to the deployment of in-flight mobile phone services by removing the existing prohibition on the possession and supply of the applicable technology.

This background information is provided to assist people in making representations to ACMA about the proposed amendment. Nothing in this background or the draft instrument should be taken to bind ACMA to any particular course of action in later processes.

Draft Amendment Declaration

A copy of the draft Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices Amendment Declaration 2008 (No. 1) (the Amendment Declaration) and the Mobile Phone Jammer Prohibition are available in pdf format on the links below.

• The Amendment Declaration
• The Mobile Phone Jammer Prohibition

Alternatively, a copy of the draft Amendment Declaration can be obtained by contacting ACMA:

Telephone: (02) 6219 5340; or

Email: regulatorydevelopment@acma.gov.au

Comments

Under section 191 of the Radiocommunications Act 1992, ACMA is seeking representations about the proposed amendment.

Interested persons are invited to make representation about the proposed amendment. Submissions must be received by ACMA by close of business 17 November 2008. Representations should be in writing and may be addressed to:

The Manager
Regulatory Development Section
Australian Communications Media Authority

Representations may be sent by:

Mail:

PO Box 13112
Law Courts
MELBOURNE VIC 8010

Email:

regulatorydevelopment@acma.gov.au; or

Fax:

(03) 9963 6899

Background

The Mobile Phone Jammer Prohibition was made in 1999. It prohibits the importation, sale, possession and operation of all devices operating within the 825-845 MHz and 870-960 MHz bands that are likely to cause substantial interference to radiocommunications services including, but not limited to, public mobile telecommunications services.

The Mobile Phone Jammer Prohibition was made because the former Australian Communications Authority (ACA) considered mobile phone jammers to be ‘nuisance devices.’ That is, their sole purpose was to disrupt or interfere with licensed radiocommunications devices or services.

Communications technology and services have become increasingly sophisticated since 1999. One new technology involves the use of a pico cell system in aircraft to provide in-flight mobile phone services. These systems selectively block the use of certain frequencies to prevent potential interference to other services. They function to facilitate telecommunications by providing a predictable radio environment within the aircraft while at the same time avoiding harmful interference to aircraft systems and terrestrial radiocommunications services.

Trials of this technology have been conducted over the past 18 months. These trials have been assessed as successful by the companies providing the service. No complaints of interference have been received by ACMA.

There is interest in commercial deployment of in-flight GSM services in Australia. Qantas and V Australia have each announced plans to offer in-flight short message service (SMS) and data services (general packet radio services, or GPRS).

Treatment of Representations on the Proposed Variations and Revocation

The background information is provided to assist people in making representations to ACMA about the proposed amendment. Nothing in this background or the draft instrument should be taken to bind ACMA to any particular course of action in later processes.

Respondents should note that:

• Unless confidentiality is expressly requested, responses will be placed in the public domain in printed or electronic form, together with the name and contact details of authors. Respondents are requested to make it very clear if they wish to keep some or all of their response confidential;
• Unconditional permission to publish responses will be assumed unless the author expressly claims confidentiality and which claim is accepted by ACMA;
• If confidentiality is claimed, respondents should clearly identify which parts of the representation is considered confidential and provide written reasons supporting the claim. ACMA will consider each claim of confidentiality on a case by case basis;
• ACMA may share information it receives with other government agencies;
• Any copyright attached to responses will be assumed to have been relinquished unless it is expressly reserved.

Any enquiries in relation to the above matters should be directed to the contact details above.