Radiocommunications (Public Safety and Emergency Response) Class Licence 2023 (Cth)

Radiocommunications (Public Safety and Emergency Response) Class Licence 2023

The Australian Communications and Media Authority issues the following class licence under section 132 of the Radiocommunications Act 1992.

Dated: 14 September 2023 Creina Chapman [signed] Member

Adam Suckling [signed] Member/General Manager

Australian Communications and Media Authority

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intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the "sunset" provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.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