This page gives advice on how the Australian Communications and Media Authority (the ACMA) handles proposals to operate radiocommunications equipment that are inconsistent with Australia's arrangements for managing the radiofrequency spectrum.
Radiocommunications equipment may be inconsistent with Australian regulatory arrangements for a number for reasons.
The Australian Radiofrequency Spectrum Plan (ARSP) separates the radiofrequency spectrum into a number of frequency bands and specifies the general purposes for which the bands may be used. In some parts of the spectrum, frequency band plans specify the purposes for which bands may be used.
Allocations for use of the radiofrequency spectrum in Australia, and identified in the ARSP, are generally aligned with the International Telecommunication Union (ITU) requirements for Region 3 (broadly, South and South East Asia, Australasia, Papua New Guinea and the South Pacific). While the ITU attempts to align allocations of radiofrequency spectrum between the three Regions, there are significant differences in allocations among Region 1 (Russia, Europe and Africa), Region 2 (Americas) and Region 3.
Because of this, radiocommunications equipment developed for use in other Regions, may be designed to operate on frequencies that are inconsistent with the ARSP or the relevant frequency band plan. It may not be possible for such equipment to operate in Australia without causing interference to other equipment that is operating in accordance with regulatory arrangements.
The Radiocommunications Act 1992 (the Act) which provides the legislative basis for the regulatory arrangements administered by the ACMA, generally prohibits licensing of radiocommunications equipment that is inconsistent with the ARSP or band plans.
In addition to requiring compliance with the ARSP and any applicable band plan, most radiocommunications equipment is subject to mandatory equipment standards. Licensing policies and conditions also regulate the use of radiocommunications equipment.
In the context of facilitating access to, and use of, the radiofrequency spectrum, consideration of a new proposal will take into account the requirements of:
During the consideration of a proposal relating to the use of the spectrum, technical performance requirements for the use of the equipment will be determined. These form the basis for any necessary practical assessment of the equipment's performance. Under the Act, if the ACMA thinks it necessary, it may, by written notice given to the applicant for a transmitter licence or a receiver licence, request the applicant to submit the device for testing. In such circumstances, testing would be undertaken by the ACMA, or by a person authorised by the ACMA.
Policy evaluation of a new radiocommunications proposal takes time. Detailed technical evaluation of equipment also takes time. It is important, therefore, that importers and potential operators should provide relevant information to the ACMA well in advance of launch dates or expected start dates.
The availability of spectrum for the purposes of licensing is a separate issue from in-principle approval for the proposal and equipment testing. While equipment may be approved for use in Australia, spectrum may not always be available at a particular location.
What information should be provided?
To enable a proper policy evaluation of the product and its intended use, each proposal should be accompanied by a technical and operational description of the system, as outlined below:
Preferred frequency band(s) of operation
Type of modulation
Type of antenna
Comprehensive system operation description, including
anticipated commercial/target market
any other information necessary to clarify and support the proposal
realistic deadlines for decisions.
All information, relating to proposals put to the ACMA, are treated as 'commercial in confidence', and will not be disclosed to any third party, without the written permission of the supplier of the equipment being assessed, unless required by law.