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RADIOCOMMUNICATIONS STANDARD (CORDLESS TELEPHONE) NO. 1 OF 1997 1997 NO.25
EXPLANATORY STATEMENTStatutory Rules 1997 No. 25
Issued by the authority of the Spectrum Management Agency ('SMA')
Radiocommunications Standard (Cordless Telephone) No. 1 of 1997
Radiocommunications Act 1992
Legislative Provisions
Under s. 162 (1) of the Radiocommunications Act 1992 ('the Act') the SMA may, by written instrument, make standards for:
(a) the performance of specified devices; or
(b) the maximum permitted level of radio emissions from devices (other than radiocommunications from radiocommunications devices in accordance with Chapter 3) within specified parts of the spectrum.
Under s. 162 (3) of the Act, standards made under s. 162 (1) can only include requirements for:
(a) containing interference to radiocommunications; or
(b) containing interference to any of the uses or functions of devices; or
(c) establishing for the operation of radiocommunications devices an
adequate level of immunity from electromagnetic disturbance; or
(d) establishing for the uses or functions of devices an adequate level of immunity from electromagnetic disturbances caused by the operation of the radiocommunications transmitters.
Under s. 163 (1) of the Act, the SMA must, so far as practicable, try to ensure that interested persons have an adequate opportunity to make representations about the proposed standard and that due consideration has been given to any representations made.
Under s. 163 (2) of the Act, the SMA may make an arrangement with various bodies to undertake public consultation and prepare and publish a standard on behalf of the SMA.
Section 314A of the Act allows the SMA to deal with any matter by adopting an instrument made by any person or body in Australia.
There are offences relating to the use, supply and possession of non-standard devices set out in ss. 157-161 of the Act. In addition, devices to which standards made under s. 162 apply, may be subject to labelling requirements under s. 182 (1) (a) of the Act.
Background
The Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 ('the instrument') was made under s.162(1) of the Act on 21 February 1997. The instrument applies to cordless telephones. Cordless telephones are not cellular mobile phones, but are the the short-range telephones usually used in the home environment. Under the standard, cordless phones in the range of frequencies of 137 MHz and below may only operate on the frequencies set out in cl.3(1). Subclause 3(2) mandates more detailed requirements for cordless telephones in certain of these frequencies based an a standard prepared by the Standards Association of Australia (SAA).
The frequency bands in subclause 3(1)(a) are specifically allocated to cordless telephones, whilst the frequency bands of subclause 3(1)(b) are allocated for short range transmitting devices that may include cordless telephones. Cordless telephones that operate outside either of the frequency bands in cl.3(1) would be regarded as 'non-standard' and offence provisions would apply. The standard would enable the SMA to take effective corrective action to prevent the. manufacture and importation of non-standard cordless telephones which may cause interference to vital services, such as aviation communications.
Subclause 3(2) of the instrument adopts the Australian/New Zealand Standard AS/NZS 4281:1995 "Radiocommunications requirements for cordless telephones operating in the 1.7 MHz and between 30 and 41 MHz frequency bands". This standard was adopted by the SMA under s.314A of the Act as the relevant standard applicable to cordless telephones which operate on specified frequencies. AS/NZS 4281:1995 is similar to, and will replace, an existing standard (Statutory Rules 1991 No. 293) made under the Radiocommunications Act 1983 and continued in force by the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992. Therefore no additional requirements are expected to be placed upon industry by cl.3(2) of the instrument. The existing standard will be revoked following public consultation on amendment of the class licence which authorises the operation of cordless telephones and refers to the existing standard. That class licence can not be amended to refer to the new standard until the public consultation has taken place (see s. 136 of the Act).
Under s.163(2) of the Act, the SMA has entered into a Memorandum of Understanding with the SAA for it to prepare standards and engage in public consultation on behalf of the SMA. This arrangement has been entered into so that the SMA can consider adopting as mandatory standards under s. 162 of the Act, the standards made by the SAA.
The SAA has established technical committees (RC/1, RC/2,RC/3 & RC/4) to consider and draft standards concerning radiocommunications. The technical committees are drawn from relevant sections of industry, government and professional associations. In addition, the SAA consults widely with both industry and the community when preparing its standards. The SMA is satisfied that the SAA provides adequate public consultation for the purposes of s. 163(1) of the Act.
The SAA has consulted with interested parties in relation to Australian/New Zealand Standard AS/NZS 4281:1995 which is adopted by cl.3(1)(a) and cl.3(2) of the instrument. The frequency bands of cl.3(1)(b) have undergone consultation through the SAA standards preparation process in relation to an SAA standard which includes cordless phones - AS 4268.2 Radio equipment and systems -Short range devices.
Notes on the instrument
Clause 1 - Citation
Clause 1 is a citation provision.
Clause 2 - Interpretation
Clause 2 sets out the terms used in the standard.
Clause 3 - Standard for cordless telephone
Subclause 1 of this clause prescribes the frequencies of operation of cordless telephones which can operate on frequencies of 137 MHz and below. In addition, cl.3(2) provides more detailed requirements, based on Australian/New Zealand standard AS/NZS 4281:1995, for certain of those cordless phones.