Radiocommunications (Low Interference Potential Devices) Class Licence 2015

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Class Licence under section 132 of the Radiocommunications Act 1992.

Dated: 4th September 2015

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member /General Manager

Australian Communications and Media Authority

1 Name of Class Licence

This Class Licence is the Radiocommunications (Low Interference Potential Devices) Class Licence 2015.

2 Commencement

This Class Licence commences on the later of:

 (a) the day after it is registered; or

 (b) the day on which it is published in the Gazette.

Note 1   All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.

Note 2   Both (a) and (b) must occur for this Class Licence to commence.

3 Revocation

The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 [F2005B00339] is revoked.

3A Interpretation

 (1) In this Class Licence:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz, published 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:  http://www.arpansa.gov.au.

broadcasting service has the meaning given by the Broadcasting Services Act 1992.

commercial television broadcasting licence has the meaning given by the Broadcasting Services Act 1992.

commercial television broadcasting service has the meaning given by the Broadcasting Services Act 1992.

community broadcasting service has the meaning given by the Broadcasting Services Act 1992.

community television broadcasting licence has the meaning given by the Broadcasting Services Act 1992.

community television broadcasting service means a service provided under a community television broadcasting licence.

coverage area, for a broadcasting station, means:

 (a) if the station is used to provide a commercial television broadcasting service or community television broadcasting service – the area within the licence area where the median field strength E(50,50) of the transmission made by the station, at 10 metres above ground level, is at least the specified limit;

 (b) in any other case – the area where the median field strength E(50,50) of the transmission made by the station, at 10 metres above ground level, is at least the specified limit.

DAB means digital audio broadcasting.

EIRP means equivalent isotropically radiated power.

ERP means effective radiated power.

ETSI means the European Telecommunications Standards Institute.

FCC means the United States of America Federal Communications Commission.

field strength means the intensity of the electromagnetic field produced by a transmitter, at a particular distance from the transmitter, measured in:

 (a) in relation to the electric component of the field – V/m , where V means volts and m means metres;

 (b) in relation to the magnetic component of the field – A/m , where A means amperes and m means metres.

infrared transmitter means a radiocommunications transmitter having a radio emission in the frequency range 187.5 THz to 420 THz.

international instrument means an international technical standard or performance indicator.

licence area means:

 (a) in relation to a broadcasting station used to provide a commercial television broadcasting service – the licence area designated for the relevant commercial television broadcasting licence under section 29 of the Broadcasting Services Act 1992;

 (b) in relation to a broadcasting station used to provide a community broadcasting service, other than a service provided under a temporary community broadcasting licence – the licence area designated for the relevant community television broadcasting licence under section 29 of the Broadcasting Services Act 1992;

 (c) in relation to a broadcasting station used to provide a community broadcasting service provided under a temporary community broadcasting licence – the licence area designated for the relevant temporary community broadcasting licence under section 92G of the Broadcasting Services Act 1992.

maximum EIRP, for a transmitter mentioned in column 1 of an item in Schedule 1, means the largest amount of EIRP, mentioned in column 3 of that item, that may be radiated by the transmitter in any direction.

nominated distance of a specified Australian radio-astronomy site means:

 (a) in relation to the Parkes Observatory located at latitude 32° 59’ 54.25” south, longitude 148° 15’ 48.65” east – 10 kilometres of the Parkes Observatory;

 (b) in relation to the Paul Wild Observatory located at latitude 30° 18’ 46.40” south, longitude 149° 33’ 0.44” east – 10 kilometres of the Paul Wild Observatory;

 (c) in relation to the Canberra Deep Space Communications Complex located at latitude 32° 23’ 48.39” south, longitude 148° 58’ 44.35” east – 3 kilometres of the Canberra Deep Space Communications Complex;

 (d) in relation to the Radio Astronomy Park located at latitude 26° 37’ 8.76” south, longitude 117° 30’ 44.97” east – 10 kilometres of the Radio Astronomy Park.

nominated distance of a specified SRS earth station means:

 (a) in relation to the Perth facility located at latitude 31° 48’ 13.37” south, longitude 115° 53’ 1.24” east – 2 kilometres of the facility;

 (b) in relation to the New Norcia facility located at latitude 31° 02’ 53.57” south, longitude 116° 11’ 29.20” east – 5 kilometres of the facility;

 (c) in relation to the Canberra Deep Space Communications Complex located at latitude 35° 23’ 48.39” south, longitude 148° 58’ 44.35” east – 5 kilometres of the Canberra Deep Space Communications Complex.

radiated power means the power that is emitted from any of the following:

 (a) an antenna that is an integral part of the transmitter;

 (b) an antenna that is connected to the transmitter;

 (c) the surface of a specified enclosure containing the antenna;

 (d) for an item in Schedule 1 that mentions an opening and an underground environment – the opening to the underground environment.

radio broadcasting service means a broadcasting service that provides radio programs.

radio program has the meaning given by the Broadcasting Services Act 1992.

significant event means an event at a location or locations specified in a notice approved by the Chair of the ACMA and published on the ACMA’s website at http://www.acma.gov.au.

specified limit, in relation to the median field strength E(50,50) of a transmission made by a station, means:

 (a) for a transmission in the band 174–230 MHz, in respect of a television broadcasting service – 44 dBu V/m;

 (b) for a transmission in the band 174–230 MHz, in respect of a radio broadcasting service – 63 dBu V/m;

 (c) for a transmission in the band 520–610 MHz – 50 dBu V/m;

 (d) for a transmission in the band 610–694 MHz – 54 dBu V/m.

television broadcasting service means a broadcasting service that provides television programs.

television program has the meaning given by the Broadcasting Services Act 1992.

temporary community broadcasting licence has the meaning given by the Broadcasting Services Act 1992.

transmitter power means the power at the output of the transmitter going to the antenna.

Note 1 In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Class Licence have the same meaning as in the Act, including:

• ACMA (see section 5)
• broadcasting station (see section 5)
• interference (see section 5)
• permit (see section 5)
• radiocommunications device (see section 7)
• standard (see section 5)
• transmitter (see section 6).

Note 2 Other terms used in this Class Licence may be defined in the Radiocommunications (Interpretation) Determination 2015, including:

• datacasting service station.

 (2) In this Class Licence, latitude and longitude are measured with reference to the geodetic datum designated as the “Geodetic Datum of Australia (GDA94)” gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995.

Note More information on the Geodetic Datum of Australia is available from the Geoscience Australia website:  http://www.ga.gov.au.

4 Class Licence

 (1) This Class Licence authorises a person to operate a transmitter included in a class of transmitters mentioned in column 1 of an item in Schedule 1, subject to the following conditions:

 (a) the transmitter must be operated:

 (i) on a frequency, or within a range of frequencies, mentioned in column 2 of the item;

 (ii) at a radiated power that does not exceed the maximum EIRP mentioned in column 3 of the item; and

 (iii) in accordance with the limitations (if any) mentioned in column 4 of the item;

 (b) the transmitter, whether on its own or in operation with one or more other transmitters, must not cause interference to the operation of radiocommunications services;

 (c) without limiting paragraph (1)(b), the transmitter must not be operated in the following circumstances:

 (i) the transmitter is operated on a frequency, or within a range of frequencies, between 70 MHz and 25.25 GHz; and

 (ii) the transmitter is operated within 70 kilometres of the Murchison Radioastronomy Observatory located at latitude 26° 42’ 15” south, longitude 116° 39’ 32” east;

  if the transmission will cause interference with the operation of radio astronomy observations by the Observatory; and

 (d) the conditions in section 5 of this Class Licence.

 (2) The following requirements must be construed in accordance with the interpretative provisions (if any) of a standard or international instrument mentioned in column 4 of an item in Schedule 1:

 (a) a frequency or range of frequencies mentioned in column 4 of the item;

 (b) the maximum EIRP mentioned in column 3 of the item.

 (3) The permitted operating frequency band in column 2 of an item in Schedule 1 must not be construed in accordance with the interpretative provisions (if any) of a standard or international instrument mentioned in column 4 of the item.

Note 1 A transmitter operated under this Class Licence can be expected to be operating in parts of the radiofrequency spectrum used by other radiocommunications devices.  A receiver tuned to the transmitter will not be afforded protection from interference caused by other radiocommunications devices.  A low interference potential device operated under this Class Licence is generally not expected to suffer interference, however an individual low interference potential device may experience interference arising from the particular circumstances of the device’s operation.

Note 2 In accordance with the requirements of footnote AUS 32 and footnote 150 to the Table of Frequency Band Allocations in the Australian Radiofrequency Spectrum Plan 2013, a low interference potential device will not be afforded protection from interference that may be caused by industrial, scientific and medical (ISM) applications in the ISM bands 13.553 MHz – 13.567 MHz, 26.957 MHz – 27.283 MHz, 40.66 MHz – 40.70 MHz, 918 MHz – 926 MHz, 2 400 MHz – 2 500 MHz, 5 725 MHz – 5 875 MHz and 24 000 MHz – 24 250 MHz.

Note 3 Some transmitters operated under this Class Licence must meet additional physical or technical requirements outside the scope of this Class Licence. The use, marketing and supply of such devices in Australia may be dependent on the approval of the appropriate regulatory body, such as the Therapeutic Goods Administration or State and Territory government authorities.

Note 4 The operation of a device with an external antenna, other than an antenna supplied with the device, may result in a breach of the conditions of this Class Licence.  An external antenna is a removable antenna that is not an integral antenna.  An integral antenna is an antenna that is permanently fixed to a device, or which is intended for direct attachment to a fixed connector on the device, without the use of an external cable.

Note 5 A transmitter, or group of transmitters, capable of operating simultaneously on frequencies in more than one permitted operating frequency band (mentioned in column 2 of the table in Schedule 1) must comply with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014 for the total power that is emitted.

Note 6 The applicable requirements related to the electromagnetic radiation regulatory arrangements are available from the ACMA website:  http://www.acma.gov.au.

5 Standards and international instruments

 (1) A person must not operate a transmitter under this Class Licence unless the transmitter complies with each applicable instrument for the transmitter.

 (2) Subsection (1) does not apply if:

 (a) the person operates the transmitter in accordance with a permit; or

 (b) the transmitter:

 (i) is imported into Australia solely for use in connection with a significant event;

 (ii) if there is a requirement that the transmitter is tested or inspected before it is used in Australia – meets the requirement;

 (iii) if there are conditions or requirements imposed on the use of the transmitter in Australia – complies with all of those conditions or requirements;

 (iv) is used in Australia only at the location of the significant event; and

 (v) is used in Australia only for the duration of the significant event.

 (3) In this section, applicable instrument, in relation to a transmitter, means either:

 (a) a standard that applies to the transmitter; or

 (b) an international instrument that applies to the transmitter that is mentioned in column 2 of an item in Schedule 2 for a transmitter mentioned in column 1 of the item.

Note 1 The upper and lower limits of the permitted operating frequency band mentioned in column 2 of an item in Schedule 1 apply to a transmitter mentioned in column 1 of the item, irrespective of any frequency limits specified in any applicable instrument for the transmitter.

Note 2 The full titles and sources for an international instrument that is an applicable instrument mentioned in column 4 (Limitations) of the table in Schedule 1 are set out in Schedule 2.

Note 3 If a device is labelled with the Regulatory Compliance Mark or the C-Tick compliance mark, it is a representation by the supplier that the device, as supplied, complies with any standard that applies to the device.

Note 4 A reference to a standard is to a standard made by the ACMA under section 162 of the Act.  This Class Licence also requires transmitters to comply with instruments that set requirements for performance, including instruments produced by the ETSI and the FCC.

Note 5 An applicable instrument for a transmitter may be amended over time, or may incorporate amendments to other instruments.  A person who wishes to operate a transmitter should check the ACMA’s standards or other instruments to determine which version of the applicable instrument applies to the transmitter.

 (4) A person must not operate a transmitter or group of transmitters under this Class Licence if the electromagnetic radiation emitted by the transmitter or group of transmitters exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

Note 1 A transmitter with an integral antenna must not be supplied unless it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, which adopts the exposure limits specified in the ARPANSA Standard.  Subsection 5(4) has the effect that the exposure limits specified in the ARPANSA Standard must also be met by a transmitter whether on its own or included in a group of transmitters) to which, after it is supplied, a person attaches an external antenna (that is, an antenna other than an integral antenna), located in an area accessible to the public.  An integral antenna is an antenna that is permanently fixed to a device, or which is intended for direct attachment to a fixed connector on the device, without the use of an external cable.

Note 2 A transmitter with a dedicated antenna (as defined by applicable instruments produced by ETSI) is equivalent to a transmitter with an integral antenna for the purpose of the ARPANSA Standard.

Note 3 Australia/New Zealand Standard AS/NZS 2211.10:2004 details the requirements that are necessary to protect persons from radiation from laser devices, the use of many of which is authorised by this Class Licence.

Note 4 Where a transmitter or group of transmitters, is capable of operating simultaneously on frequencies in more than one operating frequency band mentioned in column 2 of the table in Schedule 1 in places accessible by the public, the general public exposure limits specified in the ARPANSA Standard apply to the total power that is emitted.

Schedule 1 Transmitters

(subsections 3A(1), 4(1), (2) and (3), and Schedule 2)

Table—Transmitters

Note 1 A transmitter that complies with the field strength limit of 2400/F(kHz) µV/M at a distance of 300 metres, contained in FCC Rules Title 47 (Telecommunications) Part 15 Section 209 (Radiated emission limits; general requirements), will meet the requirement not to exceed the maximum EIRP specified in items 3, 4, 5, 6 and 7.

Note 2 The systems and associated medical implant communications systems transmitters mentioned in items 33 and 34 are devices that require marketing approval from the Therapeutic Goods Administration.

Schedule 2 International instruments that apply to a transmitter

(paragraph 5 (3)(b))

1 Using this table

  In this table:

 (a) a reference to a number in column 1 is a reference to an item in the table in Schedule 1, and to all the transmitters that are operated in accordance with that item;

 (b) a reference to a number in column 2 is a reference to the number given to an instrument by the entity that produced the instrument.

Table—Instruments that apply to a transmitter

Note 1   An entry in column 3 is the title of an instrument, and is included for information only.

Note 2 An entry in column 4 is the name of the entity that produced the instrument, and is included for information only.

Note 3 Copies of instruments produced by ETSI are available from the ETSI website:  http://www.etsi.org.

Note 4 Copies of instruments produced by the International Organization for Standardisation are available from the following website:  http://www.saiglobal.com.

Note 5 Copies of the FCC rules and regulations are available from the following website:  http://www.ecfr.gov.