This spectrum plan may be cited as the Radiocommunications Australian Spectrum Plan.
General
(1) This document sets out the Radiocommunications—Australian Spectrum Plan, which divides the radio frequency spectrum into a number of bands and specifies the general purposes for which the bands may be used.
(2) The primary basis for the structure of this Spectrum Plan is the Table of Frequency Allocations contained in the Radio Regulations published by the International Telecommunication Union (ITU).
(3) In particular this Spectrum Plan is based on the Table in the Radio Regulations appropriate to ITU Region 3 with reference to the following chart:
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(4) In the chart in subclause (3):
(a) Region 1 includes the area limited on the east by line A and on the west by line B, excluding any of the territory of Iran which lies between these limits and including that part of the territory of Turkey and the Union of Soviet Socialist Republics lying outside of these limits, the territory of the Mongolian People’s Republic, and the area to the north of the USSR which lies between lines A and C; and
(b) Region 2 includes the area limited on the east by line B and on the west by C; and
(c) Region 3 includes the area limited on the east by line C and on the west by line A, except the territories of Mongolian People’s Republic, Turkey, the territory of the U.S.S.R. and the area to the north of the U.S.S.R. and also includes that part of the territority of Iran lying outside those limits.
(5) A full description of where the lines A,B and C are to be drawn on a map may be found in Nos. 396 to 399 of the Radio Regulations.
(6) Where the words “regions” or “regional” are without a capital “R” in the Radio Regulations or in this Spectrum Plan, they do not relate to the three Regions here defined for purposes of frequency allocation.
(7) A sub-Region is an area consisting of two or more countries in the same Region.
(8) The shaded part of the chart in subclause (3) represents the Tropical Zone as defined in Nos. 406 to 411 of the Radio Regulations.
(9) The “Tropical Zone” consists of:
(a) the whole of that area in Region 2 between the Tropics of Cancer and Capricorn; and
(b) the whole of that area in Regions 1 and 3 contained between the parallels 30 degrees North and 35 degrees South with the addition of:
(i) the area contained between the meridians 40 degrees East and
80 degrees East of Greenwich and the parallels 30 degrees North and 40 degrees North; and
(ii) that part of Libya north of parallel 30 degrees North.
(10) In Region 2, the Tropical Zone may be extended to parallel 33 degrees North, subject to special agreements between the countries concerned in that Region.
(NOTE: The operation of radiocommunications transmitters for non-broadcasting purposes is governed by the Radiocommunications Act 1983. As a general rule a person may not operate a radiocommunications transmitter for non-broadcasting purposes unless the Minister has granted a licence. The categories of licence which the Minister may grant are set out in the Radiocommunications (Licensing and General) Regulations made under the Act. However, certain non-broadcasting transmitters are exempt from licensing by regulation under section 22 of the Act.
In deciding whether to grant a licence the Minister is required to have regard to all matters that he considers relevant, including:
(a) whether or not:
(i) the applicant; or
(ii) each person specified by the applicant as a person to whom the
applicant, if successful in his application, proposes to give an authority under subsection 26(1);
is a qualified operator in relation to any licence that the Minister
may grant as a result of the application;
(b) the extent (if any) to which the purpose of the operation of the
transmitters specified by the applicant is a purpose that could reasonably, in all the circumstances, be effected by a means other than the proposed operation of the transmitters;
(c) whether or not the Minister is satisfied that the proposed
operation of the transmitters is in accordance with the appropriate frequency band plan;
(d) the effect on radiocommunications of the proposed operation of the
transmitters;
(e) whether or not the Minister is satisfied that the proposed
operation of the transmitters is not reasonably likely to cause death of, or injury to, persons, or loss of, or damage to, property;
(f) the policies specified in Division 1 of Part 3 of the
Telecommunications Act 1989.
Under subsection 7 (1) of the Act the Minister is also required to have
regard to the International Telecommunication Convention and the ITU Radio Regulations.
Subsection 25 (1) of the Act sets out conditions to which a licence is subject. As well as particular conditions specified in subsection 25 (1), a licence is also subject to conditions prescribed by regulations or specified by the Minister in the licence.
Of particular importance is paragraph 25 (1) (a) which makes it a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except for a purpose specified in the licence, being a purpose not inconsistent with a purpose of a kind specified in the appropriate frequency band plan under subsection 19 (2) of the Act.)
Alternative Allocations
Australia may adopt alternative allocations to those specified in Article 8 of the Radio Regulations provided that:
(a) no harmful interference is caused to stations in other countries
operating in accordance with the provisions of the International Telecommunication Convention and the ITU Radio Regulations; and
(b) the possibility of harmful interference from other stations
operating in accordance with the provisions of the International Telecommunication Convention and the ITU Radio Regulations is accepted.
Restriction of a Use of Certain Bands to the Tropical Zone
Use by the broadcasting service of the bands listed below is restricted to the Tropical Zone:
2300—2498 kHz (Region 1)
2300—2495 kHz (Regions 2 and 3)
3200—3400 kHz (all Regions)
4750—4995 kHz (all Regions)
5005—5060 kHz (all Regions)
(NOTE: Further details as regards the use of bands designated for Tropical Zone broadcasting may be found in Article 30 of the Radio Regulations.)
Interpretation
(1) In this Spectrum Plan, unless the contrary intention appears: “adjacent area”, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967;
“administration” means any governmental department or service responsible for discharging the obligations undertaken in the Convention of the International Telecommunication Union and Regulations;
“aeronautical fixed service” means a radiocommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air transport; “aeronautical mobile service” means a mobile service between aeronautical stations and aircraft, or between aircraft stations, in which survival craft stations and emergency position indicating radio beacon stations may participate;
“Aeronautical mobile (R) service” means an aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes;
“Aeronautical mobile (OR) service” means an aeronautical mobile service intended for communications, including those relating to flight coordination, primarily outside national or international civil air routes;
“aeronautical mobile-satellite service” means a mobile-satellite service in which mobile earth stations are located on board aircraft and in which survival craft stations and emergency position-indicating radio beacon stations may also participate;
“Aeronautical mobile-satellite (R) service” means an aeronautical mobile-satellite service reserved for communications relating to safety and regularity of flights, primarily along national or international civil air routes;
“Aeronautical mobile-satellite (OR) service” means an aeronautical mobile-satellite service intended for communications, including those relating to flight coordination, primarily outside national and international civil air routes;
“aeronautical radionavigation service” means a radionavigation service intended for the benefit and for the safe operation of aircraft;
“aeronautical radionavigation-satellite service” means a radionavigation-satellite service in which earth stations are located on board aircraft;
“aeronautical station” means a land station in the aeronautical mobile service;
“amateur service” means a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorised persons interested in radio technique solely with a personal aim and without pecuniary interest;
“amateur-satellite service” means a radiocommunication service using space stations on earth satellites for the same purposes as those of the amateur service;
“allocation”, in relation to a frequency band, means the entry in the Table of Frequency Allocations of this Spectrum Plan of a given frequency band for the purpose of its use by one or more terrestrial or space radiocommunication services or the radio astronomy service under specified conditions, (this term shall also be applied to the frequency band concerned);
“allotment”, in relation to a radio frequency or radio frequency channel, means the entry of a designated frequency channel in an agreed plan, adopted by a competent conference (of the ITU), for use by one or more administrations for a terrestrial or space radiocommunication service in one or more identified countries or geographical areas and under specified conditions;
“assignment”, in relation to a radio frequency or radio frequency channel, means the authorisation given by an administration for a radio station to use a radio frequency or radio frequency channel under specified conditions;
“atmospheric and ionospheric sounders” means apparatus which use radio waves to determine respectively the physical characteristics of the atmosphere and the ionosphere;
“broadcasting service” means a radiocommunication service in which the transmissions are intended for direct reception by the general public and may include sound transmissions, television transmissions or other types of transmission;
“broadcasting-satellite service” means a radiocommunication service in which signals transmitted or retransmitted by space stations are intended for direct reception by the general public;
“Coordinated Universal Time (UTC)” means the time scale, based on the second (SI), as defined and recommended by the International Radio Consultative Committee (CCIR), and maintained by the International Bureau of Weights and Measures (BIPM);
(NOTE: For most practical purposes associated with the Radio Regulations, UTC is equivalent to mean solar time at the prime meridian (O degree longitude), formerly expressed in Greenwich Mean Time (GMT).)
“earth exploration-satellite service” means a radiocommunication service between earth stations and one or more space stations, which may include links between space stations, in which:
(a) information relating to the characteristics of the Earth and its natural phenomena is obtained from active sensors or passive sensors on earth satellites; and
(b) similar information is collected from airborne or earth-based platforms; and
(c) such information may be distributed to earth stations within the system concerned;
(NOTE: This service may include platform interrogation and feeder links necessary for its operation.)
“emergency position indicating radio beacon station” means a station in the mobile service, the emissions of which are intended to facilitate search and rescue operations;
“fixed service” means a radiocommunication service between specified fixed points;
“fixed-satellite service” means a radiocommunication service between earth stations at specified fixed points when one or more satellites are used;
(NOTE: In some cases this service may include satellite-to-satellite links, which may also be effected in the inter-satellite service, and feeder links for other space radiocommunication services.)
“harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations;
“Hertzian waves” means electromagnetic waves of frequencies arbitrarily lower than 3000 GHz, propagated in space without an artificial guide;
“industrial, scientific and medical (ISM) applications”, in relation to radio frequency energy, means operation of equipment or appliances designed to generate and use locally radio frequency energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in the field of telecommunications;
“inter-satellite service” means a radiocommunication service providing links between artifical earth satellites;
“land mobile service” means a mobile service between base stations and land mobile stations, or between land mobile stations;
“land mobile-satellite service” means a mobile-satellite service in which mobile earth stations are located on land;
“maritime mobile service” means a mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations;
(NOTE: Survival craft stations and emergency position-indicating radio beacon stations may also participate in this service.)
“maritime mobile-satellite service” means a mobile service in which mobile earth stations are located on board ships;
(NOTE: Survival craft stations and emergency position-indicating radio beacon stations may also participate in this service.)
“maritime radionavigation service” means a radionavigation service intended for the benefit and for the safe operation of ships;
“maritime radionavigation-satellite service” means a radionavigation-satellite service in which earth stations are located on board ships;
“meteorological aids service” means a radiocommunication service used for meteorological, including hydrological, observations and exploration;
“meteorological-satellite service” means an earth exploration-satellite service for meteorological purposes;
“mobile service” means a radiocommunication service between mobile and land stations, or between mobile stations;
“mobile-satellite service” means a radiocommunication service:
(a) between mobile earth stations and one or more space stations, or between space stations used by this service; or
(b) between mobile earth stations by means of one or more space stations;
(NOTE: This service may include feeder links necessary for its operation.)
“offshore areas” are adjacent areas in relation to a State or Territory but which are beyond the seaward horizon of the Australian coast;
“public correspondence” means any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission;
“port operations service” means a maritime mobile service in or near a port:
(a) between coast stations and ship stations; or
(b) between ship stations;
in which messages are restricted to:
(c) the operational handling, the movement and the safety of ships; and
(d) in emergency, to the safety of persons;
but does not include a service which provides messages of a public correspondence nature;
“radio astronomy” means astronomy based on the reception of radio waves of cosmic origin;
“radio astronomy service” means a service involving the use of radio astronomy;
“radiocommunication service” means a service involving the transmission, emission or reception of radio waves for specific telecommunication purposes and in this Spectrum Plan, unless otherwise stated, any radiocommunication service relates to terrestrial radiocommunication;
“radiodetermination” means the determination of the position, velocity or other characteristics of an object, or the obtaining of information relating to these characteristics, by means of the propagation properties of radio waves;
“radiodetermination service” means a radiocommunication service for the purpose of radiodetermination;
“radiodetermination-satellite service” means a radiocommunication service for the purpose of radiodetermination involving the use of one or more space stations;
(NOTE: This service may include feeder links necessary for its operation.) “radio direction-finding” means radiodetermination using the reception of radio waves for the purpose of determining the direction of a station or object;
“radiolocation” means radiodetermination used for purposes other than those of radionavigation;
“radiolocation service” means a radiodetermination service for the purpose of radiolocation;
“radionavigation” means radiodetermination used for the purposes of navigation, including obstruction warning;
“radionavigation service” means a radiodetermination service for the purpose of radionavigation;
“radionavigation-satellite service” means a radiodetermination-satellite service used for the purpose of radionavigation;
(NOTE: This service may include feeder links necessary for its operation.) “radio waves” has the same meaning as Hertzian waves;
“safety service” means any radiocommunication service used permanently or temporarily for the safeguarding of human life and property;
“ship movement service” means a safety service in the maritime mobile service between:
(a) coast stations and ship stations; or
(b) ship stations;
in which messages are restricted to those relating to the movement of ships, but does not include:
(c) a port operations service; or
(d) a service which provides messages of a public correspondence nature; “space radiocommunication” means any radiocommunication involving the use of one or more space stations or the use of one or more reflecting satellites or other objects in space;
“space operation service” means a radiocommunication service concerned exclusively with the operation of spacecraft, in particular space tracking, space telemetry and space telecommand;
“space research service” means a radiocommunication service in which spacecraft or other objects in space are used for scientific or technological research purposes;
“special service” means a radiocommunication service, not otherwise defined in this Part, carried on exclusively for specific needs of general utility, and not open to public correspondence;
“standard frequency and time signal service” means a radiocommunication service for scientific, technical and other purposes, providing the transmission of specified frequencies, time signals, or both, of stated high precision, intended for general reception;
“standard frequency and time signal-satellite service” means a radiocommunication service using space stations on earth satellites for the same purposes as those of the standard frequency and time signal service;
(NOTE: This service may also include feeder links necessary for its operation.)
“survival craft station” means a mobile station in the maritime mobile service or the aeronautical mobile service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;
“telecommunication” means any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems;
“terrestrial radiocommunication” means any radiocommunication other than space radiocommunication or radio astronomy;
“tropospheric scatter system” means a system of communicating using radio waves which are propagated by scattering as a result of irregularities or discontinuities in the physical properties of the troposphere.
(2) Unless the contrary intention appears, where any expression used in this Spectrum Plan is defined in the Radiocommunications Act 1983 or the Radiocommunications (Licensing and General) Regulations, that expression has the same meaning in this Spectrum Plan as in the Act or those Regulations, as the case may be.
(3) The term “Radio Regulations” used in this Spectrum Plan means the Radio Regulations edition of 1982, and as revised in 1985, 1986 and 1988, published by the ITU and as modified by the Final Acts of the following ITU conferences:
(a) the Second Session of the World Administrative Radio Conference on the Use of the Geostationary—Satellite Orbit and Planning of Space Services Utilizing it (ORB-88);
(b) the World Administrative Radio Conference for the Mobile Services (MOB-87).
(NOTE: Reference is made in this Spectrum Plan both to particular provisions and to Articles of the Radio Regulations by number. These provisions and Articles not included herein can be found in the above-mentioned ITU publication.)