Radiocommunications (Citizen Band Radio Stations) Class Licence 2015

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Class Licence under subsection 132 (1) of the Radiocommunications Act 1992.

Dated     15 June 2015           

Chris Chapman
[signed]
Member

Chris Cheah
[signed]
Member / General Manager

Australian Communications and Media Authority

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015.

2 Commencement

  This Class Licence commences on the later of:

(a) the day of its gazettal; or

(b) the day after it is registered.

Note 1 All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au.

Note 2 Both of the events specified at paragraphs (a) and (b) must occur before the Class Licence can commence.

3 Revocation

The Radiocommunications (Citizen Band Radio Stations) Class Licence 2002 [F2005B00236] is revoked.

4 Definitions

 (1) In this Class Licence:

Act means the Radiocommunications Act 1992.

CB repeater station means a station:

(a) established at a fixed location for the reception and automatic re‑transmission of radio signals from CB stations on a channel mentioned in item 5 or 8 in Schedule 1; and

(b) operated under an apparatus licence.

CB station or citizen band radio station means a station operating on a channel mentioned in Schedule 1.

device compliance day, for a CB station, means the most recent of the following days:

 (a) if the CB station was manufactured in Australia — the day it was manufactured;

 (b) if the CB station was manufactured overseas and imported — the day it was imported;

 (c) if the CB station was altered or modified in a material respect — the day it was altered or modified.

F3E means an emission whose basic characteristic is that of a frequency modulated carrier on a single channel containing primarily analogue telephony information.

G3E means an emission whose basic characteristic is that of a phase modulated carrier on a single channel containing primarily analogue telephony information.

lower sideband, or LSB, means an SSB radio emission for which the sideband above the carrier is suppressed.

telecommunications network has the same meaning as in the Telecommunications Act 1997.

upper sideband, or USB, means an SSB radio emission for which the sideband below the carrier is suppressed.

Note   For definitions of other expressions used in this Class Licence, see the Act, the Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2015.

(2) In this Class Licence, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2 All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.

5 Class Licence

 (1) Subject to sections 6, 7, 8, 9, 10 and 11 a person may operate a CB station:

(a) of a kind to which subsection (2), (3), (4) or (5) applies; or

(b) until and including 30 June 2017 —of a kind to which subsection (6) applies.

 (2) This subsection applies to a CB station that directly transmits speech to, or audio tones to initiate communication with, another CB station:

(a) on a carrier frequency mentioned in item 1, 2, 3 or 7 in Schedule 1; and

(b) subject to the restrictions mentioned in the item.

 (3) This subsection applies to a CB station that, through a CB repeater station, transmits speech to, or audio tones to initiate communication with, another CB station:

(a) on a carrier frequency mentioned in item 8 in Schedule 1; and

(b) subject to the restrictions mentioned in the item.

 (4) This subsection applies to a CB station that transmits data to communicate with another CB station:

(a) on a carrier frequency mentioned in item 6 in Schedule 1; and

(b) subject to the restrictions mentioned in the item.

 (5) This subsection applies to a CB station that transmits signals that identify the CB station or indicate the geographic location of the CB station:

(a) on a carrier frequency mentioned in item 6, 7 or 8  in Schedule 1; and

(b) subject to the restrictions mentioned in the item.

 (6) This subsection applies to a CB station that:

(a) directly transmits speech to, or audio tones to initiate communication with, another CB station:

(i)           on a carrier frequency mentioned in item 4 in Schedule 1; and

(ii)         subject to the restrictions mentioned in the item; or

(b) through a CB repeater station, transmits speech to, or audio tones to initiate communication with, another CB station:

(i)           on a carrier frequency mentioned in item 5 in Schedule 1; and

(ii)         subject to the restrictions mentioned in the item; or

(c) transmits signals that identify the CB station or indicate the geographic location of the CB station:

(i)           on a carrier frequency mentioned in item 4 or 5 in Schedule 1; and

(ii)         subject to the restrictions mentioned in the item.

6 Conditions — general

  A person must not:

(a) except in an emergency — operate a CB station on:

(i)           carrier frequency 27.065 megahertz (HF channel 9); or

(ii)         carrier frequency 476.525 megahertz (UHF channel 5) ; or

(iii)      carrier frequency 477.275 megahertz (UHF channel 35); or

Note   In an emergency mentioned in subsection 49(1) of the Act, if a carrier frequency mentioned in this paragraph is not accessible, it is preferable that a carrier frequency mentioned in paragraph (b) should be used.

(b) except to initiate contact with another CB station — operate a CB station on:

(i)           carrier frequency 27.085 megahertz (HF channel 11); or

(ii)         carrier frequency 27.155 megahertz (HF channel 16); or

(iii)      carrier frequency 476.675 megahertz (UHF channel 11); or

(c) use with a transmitter device that encrypts speech transmission in transmitting:

(i)           a radio signal on a carrier frequency that is referred to in paragraph (a) or (b); or

(ii)         through a CB repeater station; or

(d) make an alteration to a CB station, or to accessory apparatus used in the operation of a CB station, that is likely to cause interference to radiocommunications, except:

(i)           in accordance with a direction given under subparagraph 9(2)(a)(i); or

(ii)         with the consent in writing of an inspector who is reasonably satisfied that the alteration has been made to test the operation of the CB station; or

(e) operate a CB station to transmit on a carrier frequency mentioned in an item in Schedule 1 if the transmission will cause harmful interference to the operation of any other CB station on that carrier frequency; or

(f) operate a CB station:

(i)           in a way that would be likely to cause a reasonable person, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or

(ii)         for the purpose of harassing a person; or

(g) fail to comply with a direction given under section 9; or

(h) operate a CB station to transmit speech on channels 22 (476.950 MHz) or 23 (476.975 MHz); or

(i) operate a CB station:

(i)           to link the output signals of a CB repeater station, directly or indirectly, to the input of another CB repeater station; or

(ii)         to link the signals from a CB channel at one location, directly or indirectly, to a CB channel at another location; or

(j) operate a CB station to transmit signals that identify a CB station or indicate its geographic location with a duty cycle of more than 10 seconds in any period of 60 minutes;

(k) operate a CB station to transmit on a carrier frequency mentioned in item 4, 5, 6, 7 or 8 of Schedule 1 within 70 kilometres distance from the Murchison Radioastronomy Observatory if the transmission will cause interference with the operation of radio astronomy observations by the observatory.

Note  The Murchison Radioastronomy Observatory is situated at latitude 26.704167 South, longitude 116.658889 East (GDA94).

7 Operating a CB station to transmit audio tones

  A person, when operating a CB station to transmit audio tones for initiating communications with another CB station, must:

(a) on a carrier frequency mentioned in item 1, 2 or 3 of Schedule 1, only transmit audible tones for less than 3 seconds in any period of 60 seconds; or

(b) on a carrier frequency mentioned in item 4, 5, 7 or 8 of Schedule 1, only transmit:

(i)           audible tones for less than 3 seconds in any period of 60 seconds; or

(ii)         subaudible tones.

Note   Subaudible tones are used in continuous tone coded squelch systems (CTCSS).

8 Condition relating to a CB station that operates through a CB repeater station

  A person must not, except for the purpose of transmitting to a CB repeater station, operate a CB station on a channel mentioned in item 5 or 8 in Schedule 1 within the operational range of a CB repeater station.

9 Directions

 (1) A person must comply with a direction that:

(a) relates to the operation of a CB station by the person; and

(b) is given to the person by a person referred to in subsection (3); and

(c) is described in subsection (4).

 (2) A person must comply with a direction that:

(a) relates to interference to radiocommunications that:

(i)           is likely to be caused by the alteration, installation or maintenance of a CB station, or of accessory apparatus for use with a CB station, by the person; or

(ii)         is, or is likely to be, caused by the operation of a CB station by the person; and

(b) is given to the person in writing by an inspector.

 (3) For paragraph (1) (b), a direction may be given by any of the following persons acting in the performance of their duties:

(a) a member of the Australian Federal Police;

(b) a member of the police force of a State or Territory;

(c) an officer of the Defence Force;

(d) an officer of the Australian Maritime Safety Authority who is employed in the Authority’s Rescue Coordination Centre;

(e) an officer mentioned in Schedule 2 to the Radiocommunications Regulations 1993.

 (4) A direction that is referred to in subsection (1) must be reasonably necessary to:

(a) secure the safety of an aircraft or a vessel that is in danger; or

(b) deal with an emergency that involves a serious threat to the environment; or

(c) deal with an emergency that involves the risk of death of, or injury to, a person; or

(d) deal with an emergency that involves the risk of substantial damage to, or substantial loss of, property.

10 Condition relating to applicable standards for a CB station

  A person must not operate a CB station unless the CB station complies with each standard made under section 162 of the Act that:

(a) applies to the CB station; and

(b) is in force on the device compliance day.

11 Condition relating to a CB station connected to a telecommunications network

  A person must not operate a CB station that is connected to a telecommunications network unless the CB station complies with:

(i)           the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015; or

(ii)         the Radiocommunications (Compliance Labelling – Devices) Notice 2014,

whichever applies to the CB station.

Schedule 1 CB station operational requirements

(sections 4, 5, 6, 7 and 8)

Part 1 HF

Part 2 UHF — 25 kHz channels

Part 3 UHF — 12.5 kHz channels