Radiocommunications (Low Interference Potential Devices) Class Licence 2015

1 Name of Class Licence

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

3A Interpretation

(1) In this Class Licence:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (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 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.

controlled premises means premises that are owned by or under the control of a person who is providing a radiocommunications service under this class 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.

CSIRO means the Commonwealth Scientific and Industrial Research Organisation.

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.

indoors means a space that is:

(a) enclosed by permanent walls on all sides, a permanent roof and a permanent floor; and
(b) permanently fixed to a location.

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 the following:

(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 35° 23’ 48.39” south, longitude 148° 58’ 44.35” east – 3 kilometres of the Canberra Deep Space Communications Complex.

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:

(a) an event declared by the ACMA under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021; or

(b) if an event (the relevant event) was a significant event (within the meaning of this Class Licence as in force immediately before the commencement of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1)) and the whole or a part of the relevant event occurs after that commencement – the relevant event.

Note The Radiocommunications Equipment (General) Rules 2021 and the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1) are available, free of charge, from the Federal Register of Legislation at www.legislation.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.

total radiated power or TRP means the integral of the power transmitted in different directions over the entire radiation sphere. It is measured considering the combination of all radiating elements on an antenna panel or individual device.

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:

Note: ACMA (see section 5)

Note: broadcasting station (see section 5)

Note: equipment rules (see section 5)

Note: interference (see section 5)

Note: permit (see section 5)

Note: radiocommunications device (see section 7)

Note: transmitter (see section 6).

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

Note: 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.

3B References to other instruments

In this Class Licence, 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 in existence 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.

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 document 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 document 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 standard prescribed by Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 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 Equipment rules and international instruments

(1) A person must not operate a transmitter under this Class Licence if:

(a) operation of the transmitter would contravene a prohibition or an obligation imposed by the equipment rules; or

(b) the transmitter does not comply with an applicable instrument for the transmitter (if any).

Note For paragraph (a), the equipment rules may provide for an exemption to a prohibition or an obligation, or may allow for a permit to perform an act that would otherwise contravene a prohibition or an obligation.

(2) Paragraph (1)(b) does not apply in relation to the operation of a transmitter under this Class Licence if:

(a) the transmitter is imported solely for use or operation in Australia in connection with a significant event;

(b) in a case where there is a requirement, imposed otherwise than by an applicable instrument for the transmitter, to the effect that the transmitter is tested or inspected before it may be used or operated in Australia – the requirement has been satisfied;

(c) in a case where there is a condition or requirement, imposed otherwise than by an applicable instrument for the transmitter, on the use or operation of the transmitter in Australia – the transmitter is only used or operated in compliance with that condition or requirement; and

(d) the transmitter is used or operated in Australia only at the location, and only during the period, of the significant event.

(3) In this section, applicable instrument, for a transmitter mentioned in column 1 of an item in Schedule 2, means an international instrument that applies to the transmitter that is mentioned in column 2 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 mark before 1 March 2016), it is a representation by the supplier that the device, as supplied, complies with any standard or equipment rule that applies to the device at the time the device is supplied.

Note 4: A reference to equipment rules is to equipment rules made by the ACMA under section 156 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 equipment rules and 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 standard prescribed by Schedule 4 to the Radiocommunications Equipment (General) Rules 2021, 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 The standards AS/NZS IEC 60825.14 Safety of laser products – A user’s guide and AS/NZS IEC 60825.1 Safety of laser products – Equipment classification and requirements set out 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.