IFC 30/2011

Amendments to Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2000

Submissions received

In September 2011, the Australian Communications and Media Authority (ACMA) sought public comment on the proposed changes to the Radiocommunications Regulations 1993 (Regulations) and the Radiocommunications (Interpretation) Determination 2000 (the Interpretation Determination).

The ACMA received one submission during the consultation period from Telstra, which queried the use of the term "low power" in the proposed definition for ultra wideband station in the Interpretation Determination. No comments were received on the proposed amendments to the Regulations.

The ACMA has considered the information contained in the submission and formed a view that the words "low power" may be removed from the definition. It is the ACMA’s view that the definition remains consistent with the definition of ultra wideband applied by the Radiocommunications sector of the International Telecommunications Union (ITU-R).

The ACMA’s licensing frameworks will continue to be used to apply particular conditions to radiocommunications licences issued authorising the use or deployment of ultra wideband stations. For example, the use of the term "low power" will remain in the definition of ultra wideband in the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997.

Next steps

It is intended that the proposed changes set out in the Interpretation Determination work in parallel with the changes to the Regulations set out in the Amendment Regulations.

The co-dependency of the Amendment Determination and the Amendment Regulations means that both instruments will have the same commencement date. The Amendment Determination and the Amendment Regulations commence on the day after their registration on the Federal Register of Legislative Instruments (the FRLI) expected to occur shortly.

Background

Currently, both the Regulations and the Interpretation Determination contain a 'dictionary' of terms that are used in the management of the radiofrequency spectrum. To increase clarity in locating definitions, the DBCDE and the ACMA are proposing that terms currently defined in the Regulations will be, to the extent possible, consolidated within the Interpretation Determination.

A copy of the relevant papers can be found at:

¹ The Minister for Broadband, Communications and the Digital Economy proposes to recommend to the Governor-General that the proposed amendments to the Regulations be made.

Publication of submissions

In general, the ACMA publishes all submissions it receives.

The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by law

Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth government agencies under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.