Radiocommunications (Public Safety and Emergency Response) Class Licence 2023

Dated: 14 September 2023

Creina Chapman

[signed]

Member

Adam Suckling

[signed]

Member/General Manager

Part 1 Preliminary

1  Name

  This is the Radiocommunications (Public Safety and Emergency Response) Class Licence 2023.

2  Commencement

  This instrument commences on 1 October 2023.

Note 1: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

Note 2: This instrument is intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the “sunset” provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.

3  Authority

  This instrument is made under section 132 of the Radiocommunications Act 1992.

4  Definitions

 (1) In this instrument:

AAS (short for active antenna system) refers to an antenna system for a cellular mobile base station where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment.

airborne mobile transmitter means a radiocommunications transmitter designed for use while in motion in the air, or during halts at unspecified points in the air.

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 kHz (2021), or any standard published as a replacement of that standard by the Australian Radiation Protection and Nuclear Safety Agency.

Note: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.

Australian Defence Force has the meaning given by the Defence Act 1903.

authorisation means an authorisation of the kind referred to in subsection 9(2).

authorised body means a body that is authorised by a public safety body under subsection 9(2) to operate a radiocommunications device under an authorisation.

cellular mobile base station means a radiocommunications transmitter which, when operated, complies with emission mask P.

cellular mobile user equipment means a radiocommunications transmitter which, when operated, complies with emission mask O.

complies with emission mask L: see subsection 12(2).

complies with emission mask M: see subsection 12(2).

complies with emission mask O: see subsection (2).

complies with emission mask P: see subsection (3).

fixed service has the same meaning as in the spectrum plan.

fixed transmitter means a radiocommunications transmitter that is part of a fixed service.

high power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is between 7dBm/MHz and 20dBm/MHz.

low power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is less than 7dBm/MHz.

maximum transmitter power means the peak power spectrum density that is measured as a conducted emission over any interval of continuous transmission.

mobile service:

 (a) subject to paragraph (b), has the same meaning as in the spectrum plan;

 (b) does not include a radiocommunication service between:

 (i) one or more cellular mobile base stations; and

 (ii) one or more items of cellular mobile user equipment.

power spectral density means the measured amount of power within a specified bandwidth.

prescribed (airborne mobile) radius, in relation to radio astronomy site and an airborne mobile transmitter, means the radius corresponding to the site and transmitter set out in item 2 of Table 2.2 of Schedule 2.

prescribed (fixed or cellular mobile) radius, in relation to a radio astronomy site and a high power transmitter used in a fixed service or a cellular mobile base station, means the radius corresponding to the site and transmitter set out in item 1 of Table 2.2 of Schedule 2.

public safety body means:

 (a) the Australian Federal Police or the police force of a State or Territory;

 (b) any Commonwealth, State or Territory body that is not covered by paragraph (a) and that performs functions relating to the investigation or prevention of terrorism, serious crime or corruption;

 (c) any Commonwealth, State, Territory or other body that provides an ambulance, fire-fighting, or search and rescue service; or

 (d) the Australian Defence Force.

public safety or emergency response function has the meaning given in subsection 7(2).

radio astronomy site means an observatory or facility at a site at the latitude and longitude mentioned in an item in Table 2.1 in Schedule 2.

TS 38.101-1 means the document TS 38.101-1 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment radio transmission and reception; Part 1: Range 1 Standalone”, published by the 3rd Generation Partnership Project.

Note 1: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at www.3gpp.org.

Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).

TS 38.104 means the document TS 38.104 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Base Station (BS) radio transmission and reception”, published by the 3rd Generation Partnership Project.

Note 1: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at www.3gpp.org.

Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).

Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) frequency band;

(b) radiocommunications device;

(c) radiocommunications transmitter;

(d) spectrum plan.

Note 4: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:

(a) Act;

(b) EIRP;

(c) harmful interference;

(d) total radiated power.

 (2) In this instrument, a radiocommunications transmitter complies with emission mask O if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1.

Note: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at www.3gpp.org.

 (3) Subject to subsection (6), in this instrument, a radiocommunications transmitter complies with emission mask P if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104

Note: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at www.3gpp.org.

 (4) For the purposes of subsection (2), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1 is to be ascertained by reference to any part of TS 38.101-1 that defines a term used in Table 6.5.2.2-1, or is otherwise necessary for the operation of Table 6.5.2.2-1.

 (5) Subject to subsection (6), for the purposes of subsection (3), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104 is to be ascertained by reference to any part of TS 38.104 that defines a term used in Table 6.6.4.2.3-1, or is otherwise necessary for the operation of Table 6.6.4.2.3-1.

 (6) For the purposes of subsection (3), for a radiocommunications transmitter with AAS, the ‘Basic limits’ requirement in the third column of Table 6.6.4.2.3-1 of TS 38.104 is modified by:

 (a) in the first item, omitting ‘53dB’ and substituting ‘44 dB’;

 (b) in the second item, omitting ‘60 dB’ and substituting ‘51 dB’;

 (c) in the third item:

 (i) omitting ‘60 dB’ and substituting ‘51 dB’;

 (ii) omitting ‘25 dB’ and substituting ‘16 dB’.

5  Interpretation

 (1) In this instrument, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.

 (2) Latitude and longitude coordinates are given with reference to the Geocentric Datum of Australia 1994, gazetted in the Commonwealth of Australia Gazette No. GN35 on 6 September 1995, as existing on that date.

Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

6  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, 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 Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 2 Class licence

7  Class licence

 (1) Subject to Part 3, any person may operate a radiocommunications device for the purposes of:

 (a) performing a public safety or emergency response function;

 (b) supporting the performance of a public safety or emergency response function; or

 (c) facilitating the performance of a public safety or emergency response function by a public safety body.

 (2) A public safety or emergency response function is a function relating to:

 (a) the compliance with or enforcement of the laws of the Commonwealth, a State or Territory;

 (b) the provision of an ambulance, fire-fighting, or search and rescue service;

 (c) the protection of life, property or infrastructure;

 (d) securing the health or safety of the public;

 (e) the provision of assistance and relief to any person affected by a natural disaster, extreme weather conditions or other emergency.

Part 3 Conditions

8  Operation subject to conditions

  The operation of a radiocommunications device under Part 2 is subject to the conditions set out in this Part.

Note: Subsection 132(3) of the Act provides that the operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the class licence.

9  Operator of a radiocommunications device

 (1) A person must not operate a radiocommunications device unless the person is a member or employee of:

 (a) a public safety body; or

 (b) an authorised body.

 (2) A public safety body may authorise a body to operate a radiocommunications device for the purpose of this instrument.

Note: See subsection 133(3) of the Act.

 (3) An authorisation under subsection (2):

 (a) must be in writing;

 (b) must specify the circumstances in which the radiocommunications device may be operated;

 (c) must specify the period, not exceeding six months, during which the radiocommunications device may be operated;

 (d) may impose requirements, not inconsistent with this instrument, in relation to the operation of the radiocommunications device; and

 (e) must refer to this instrument and specify that applicable licence conditions must be complied with.

10  Operation in the course of performing functions or duties

  A person must not operate a radiocommunications device other than in the course of performing the person’s functions or duties as a member or employee of a public safety body or an authorised body.

11  Limitation in relation to authorised bodies

 (1) This section applies to a person who is a member or employee of an authorised body.

 (2) A person to whom this section applies must not operate a radiocommunications device unless the operation of the device:

 (a) is for the purpose of facilitating the performance of a public safety or emergency response function by the public safety body that provided the authorisation; and

 (b) complies with the requirements, not inconsistent with this instrument, of the authorisation given by the public safety body.

12  Compliance with emission masks

 (1) A person must not operate a radiocommunications transmitter, other than a cellular mobile base station or cellular mobile user equipment, unless the operation of the transmitter:

 (a) complies with emission mask L; or

 (b) complies with emission mask M.

Note 1: Cellular mobile base stations are defined in subsection 4(1) to be radiocommunications transmitters that, when operated, comply with emission mask P. Cellular mobile user equipment is defined in subsection 4(1) to be those radiocommunications transmitters that, when operated, comply with emission mask O. The effect of those definitions and subsection 12(1) is that a radiocommunications transmitter may not be operated in accordance with this instrument unless it complies with one of the four specified emission masks.

Note 2: Section 13 imposes a condition that may affect which emission mask a radiocommunications transmitter must comply with in order to be operated in accordance with this instrument.

 (2) In this instrument, for a radiocommunications transmitter operating using a channel with a particular bandwidth and centre frequency:

 (a) operation of the transmitter complies with emission mask L if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 2 of the item;

 (b) operation of the transmitter complies with emission mask M if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 3 of the item.

 (3) In subsection (2), fraction of channel bandwidth, in relation to a frequency (the relevant frequency) and a radiocommunications transmitter operated using a channel, means the fraction obtained by dividing:

 (a) the absolute value of the difference between the centre frequency of the channel and the relevant frequency; by

 (b) the bandwidth of the channel.

13  Operation of radiocommunications transmitter within maximum EIRP level

 (1) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless:

 (a) it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2; and

 (b) the operation of the transmitter complies with the emission mask mentioned in column 3.

 (2) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2.

 (3) If a person operates a radiocommunications transmitter that complies with:

 (a) emission mask L – operation of the transmitter must not exceed a maximum transmitter power of 7 dBm/MHz;

 (b) emission mask M – operation of the transmitter must not exceed a maximum transmitter power of 20 dBm/MHz;

 (c) emission mask P – operation of the transmitter must not exceed a total radiated power of 20 dBm/MHz;

 (d) emission mask O – operation of the transmitter must not exceed a total radiated power of 25 dBm per occupied bandwidth.

 (4) In this section:

occupied bandwidth, in relation to a radiocommunications transmitter, means the width of a frequency band having upper and lower limits that contain 99% of the true mean power of the transmitter’s emission at any time.

true mean power means:

 (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or

 (b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.

14  Harmful interference

 (1) A person must not operate a radiocommunications transmitter if its operation causes harmful interference to another radiocommunications device operated under a licence.

 (2) For the avoidance of doubt, the condition in subsection (1) applies notwithstanding any other condition in this instrument.

Note: A radiocommunications receiver communicating with a radiocommunications device operated under this instrument will not be afforded protection from harmful interference caused by other radiocommunications devices.

15  Permitted channels

  A person must not operate a radiocommunications device other than on:

 (a) a channel; or

 (b) two or more contiguous channels;

  set out in the table in Schedule 1.

Note: The table describes each channel by reference to its upper and lower frequencies.

16  Limitation in respect of fixed devices

 (1) This section only applies in relation to a radiocommunications device that is operated principally for communications with one other radiocommunications device that is fixed at a location.

 (2) A person must not operate a radiocommunications device from a fixed location if the radiocommunications device has been fixed at that location for more than six months.

17  Interference with radio astronomy observations

 (1) The operation of a radiocommunications device is subject to the conditions set out in this section if the device is operated on one or more of channels 7 to 18 mentioned in the table in Schedule 1.

 (2) If a person operates:

 (a) a high power transmitter in a fixed service; or

 (b) a cellular mobile base station with EIRP greater than 29 dBm/MHz;

  at a location within the prescribed (fixed or cellular mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 of Schedule 2.

 (3) If a person operates an airborne mobile transmitter at a location within the prescribed (airborne mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 in Schedule 2.

18  Compliance with ARPANSA Standard

  A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

Schedule 1—Channel Plan Frequencies for Operation of Radiocommunications Devices

(section 15 and subsection 17(1))

Note 1: Radiocommunications devices that operate on one or more of channels 7 to 18 are subject to the conditions relating to radio astronomy observations set out in section 17.

Note 2: Channel aggregation may be utilised to increase bandwidth with an increase in transmitter power and EIRP that does not exceed the power levels specified in section 13.

Schedule 2—Radio Astronomy Observations

(subsections 4(1) and 17(2) and (3))

Table 2.1 – Radio Astronomy Sites

Note: The latitude and longitude geographic coordinates of observatory locations are set out with reference to the Geocentric Datum of Australia 1994.

Table 2.2 – Prescribed Radii

Table 2.3 – Radio Astronomy Interference Thresholds