Proposed Variation to the Radiocommunications (Low Interference Potential Devices) Class

Proposed variation to the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 Discussion paper

MARCH 2014 Canberra Melbourne Sydney Red Building Level 32 Level 5 Benjamin Offices Melbourne Central Tower The Bay Centre Chan Street 360 Elizabeth Street 65 Pirrama Road Belconnen ACT Melbourne VIC Pyrmont NSW

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Written enquiries may be sent to: Manager, Editorial and Design PO Box 13112 Law Courts Melbourne VIC 8010 Tel: 03 9963 6968 Email: [email protected] Contents

Introduction 1

Class licensing and the LIPD Class Licence 2

Proposed variations 3 Overview 3 Wireless audio transmitters and digital dividend 4 Amendment to the definition of coverage area 4 Amendment to item 22—wireless audio transmitters (174–230 MHz) 4 Amendment to item 22A—wireless audio transmitters (520–694 MHz) 5 Amendment to item 22B—digital modulated wireless audio transmitters 5 New item 22D—indoor wireless audio transmitters 6 Amendment to item 24—biomedical telemetry transmitters 6 Amendment to item 38—transmitters used underground (520–820 MHz) 6 Amendment to item 58—video sender transmitters (529–806 MHz) 6 Ultra wide-band 7 New item 61—UWB transmitters 7 Radiodetermination and RFID 7 New item 32B—radiofrequency identification transmitters 7 New item 48A—radiodetermination transmitters 8

Invitation to comment 9 Making a submission 9 Effective consultation 9 Publication of submissions 9 Release of submissions where authorised or required by law 9

acma | iii Introduction

The Australian Communications and Media Authority (the ACMA) is proposing to vary to the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence).1

Under the Radiocommunications Act 1992 (the Act), before varying a class licence the ACMA must provide opportunities for interested persons to make representations about the proposed variations. This discussion paper provides the context for the proposed variation to assist interested parties in preparing written comments in response.

The paper provides: > an overview of class licensing and the LIPD Class Licence > a description of the proposed variation > an invitation to comment on the proposed variation.

A copy of the proposed variation, Radiocommunications (Low Interference Potential Devices) Class Licence Variation Notice 2014 (No.1), is available on the ACMA website. The ACMA invites comment from interested parties on the proposed variation by 27 April 2014. Information about making a submission can be found in the Invitation to comment section.

1 A copy of the class licence is available via the ACMA website at acma.gov.au/Industry/Spectrum/Radiocomms-licensing/Class-licences/lipd-class-licence-spectrum-acma.

acma | 1 Class licensing and the LIPD Class Licence

It is a general requirement of the Act that the operation of all radiocommunications devices within Australia be authorised by a radiocommunications licence.

A class licence is one type of licence available to authorise the operation of radiocommunications devices. It is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions.

A class licence sets out the conditions under which any person is permitted to operate any device to which the licence applies—it is not issued to an individual user and does not involve the payment of licence fees. A class licence is issued by the ACMA under section 132 of the Act by making a legislative instrument that is registered on the Federal Register of Legislative Instruments (FRLI) (see www.comlaw.gov.au).

The LIPD Class Licence authorises the operation of a wide range of low-power radiocommunications devices in various segments of the radiofrequency spectrum. This licence sets out the conditions under which many types of short-range devices may operate.

It is a condition of the LIPD Class Licence that the operation of a radiocommunications device does not cause interference to other radiocommunications services (see paragraph 4(1)(b)). A device used under the LIPD Class Licence will also not be afforded protection from interference caused by other radiocommunications devices operated under this licence. In the event that interference does occur, it is the responsibility of the users of the radiocommunications devices to take measures to resolve it.

The transmitters authorised by the LIPD Class Licence do not require individual frequency coordination for interference management. Examples of equipment covered by the licence include garage door openers, Bluetooth devices, wireless microphones and wireless local area network devices.

2 | acma Proposed variations

Overview The proposed variations to the LIPD Class Licence fall into three categories.

Wireless audio transmitters and digital dividend changes The first category of proposed variations is focussed around supporting the transition of wireless audio transmitters (wireless microphones) from the digital dividend.2 This will be achieved by updating arrangements for transmitters covered by the class licence operating on a shared basis in the broadcasting services bands 174–230 MHz and 520–694 MHz.

The key proposal supporting wireless audio transmitters is to add new arrangements for indoor wireless audio transmitters in the frequency band 520–694 MHz. This proposal supports wireless audio transmitters at venues where it is possible to operate a wireless audio transmitter inside a building without causing interference to the reception of broadcast signals received outside the building.

Other changes to arrangements in this category include those that reflect the differences between sharing this spectrum with analog and digital television broadcasting services, now that analog television broadcasting services have been switched off. These changes apply to wireless audio transmitter and biomedical transmitters authorised to for use under the LIPD Class Licence.

Ultra wide-band technology The second category of proposed variations would add new arrangements supporting devices using some forms of ultra wide-band (UWB) technology.

Applications of UWB technology include radiofrequency identification transmitters (RFID)—used, for example, in product security and tracking labels—and very-short- range (<4m), high-capacity data communications between personal computers and other devices, such as printers and displays. The ACMA has consulted in depth on the introduction of arrangements supporting UWB technology in IFC 10/2010 Planning for Ultra Wide-band (UWB), and now plans to introduce arrangements in line with many other countries, including New Zealand and those in Europe.

The ACMA is aware of potential interest in other UWB applications and the use of UWB in other frequency bands not supported by the proposed variation, and will consider providing further opportunities in the future.

Radiodetermination and RFID The third category of proposed variations would add new arrangements for RFID in the 24 GHz band and for industrial-level probing radar measurement systems operating in the 75 GHz band.

Apart from the proposed variation to the definition section of the LIPD Class Licence, all other proposed variations are to the table in Schedule 1 of the licence. Each item of the table contains a class of transmitter, the permitted operating frequency band, maximum EIRP and other limitations on the use of that class of transmitter. The proposed variations are described below.

2 See the ACMA wireless microphone hub for more information on wireless microphones and the digital dividend (www.wirelessmicrophones.gov.au).

acma | 3 Wireless audio transmitters and digital dividend Amendment to the definition of coverage area It is proposed to update the definition of coverage area to: > update the field strength limits to reflect the planning levels for digital television rather than those for analog television that no longer operates > add field strength limits for the VHF band 174–230 MHz to allow changes to arrangements for VHF wireless audio transmitters to make them consistent with those for UHF wireless audio transmitters > provide a limit on the defined coverage area of a broadcasting or datacasting station such that it does not exceed its licence area where applicable.

The proposed definition defines the coverage area as the area or areas around the relevant transmitter that meet certain criteria. These are: > for a transmitter associated with a broadcasting service that has an applicable licence area, the coverage area of that transmitter will be all those areas within the licence area where the field strength is at least the specified limit > for a transmitter associated with a broadcasting service or datacasting service that does not have an applicable licence area (for example, national broadcasting services), the coverage area will be all those areas where the field strength is at least the specified limit.

The specified field strength limits used in determining the coverage area have been updated to reflect the levels required to protect digital television, rather than those required for analog television. The new levels are the restack planning rural thresholds that can be found in the Clearing the digital dividend decision paper.3 While the levels have changed, the planning for digital television transmitters has been based on achieving the same level of coverage as the previous analog television transmitter, which has been replaced.

That is, there should be no significant difference in the geographic area of coverage of a broadcasting transmitter with the change from analog to digital television. With wireless audio transmitters not allowed to operate in the coverage area of a television transmitter, this also means that there should be no significant difference in the area in which wireless audio transmitters are not allowed to operate with the change from analog to digital television.

New limits have been included for the determination of coverage area for digital television and digital radio transmitters operating in the 174–230 MHz band. This change, along with the changes to item 22 of Schedule 1 discussed below, makes the limitations for the use of VHF wireless audio transmitters consistent with the limitations for the use of UHF wireless audio transmitters (set out in items 22A, 22B and 22C of Schedule 1).

Amendment to item 22—wireless audio transmitters (174–230 MHz) It is proposed to change the wording of the second limitation on the use of wireless audio transmitters in item 22 of Schedule 1 to refer to ‘coverage area’, rather than the licence area of the relevant television (or datacasting) station.

This proposed change harmonises the requirements relating to wireless audio transmitters in the VHF band with those operating in the UHF band. It also recognises that the licence area related to a particular broadcasting or datacasting station is often

3 A copy of the Clearing the digital dividend decisions paper can be found on the ACMA website at acma.gov.au/Industry/Spectrum/Digital-Dividend-700MHz-and-25Gz-Auction/Restack/issue-for-comment- 072011-clearing-the-digital-dividend.

4 | acma larger than actual ‘coverage area’ required to be protected around the particular broadcasting or datacasting station. The change will therefore provide more opportunities for the use of wireless audio transmitters.

The effect of this change, when combined with the new definition of ’coverage area’, is to restrict the use of a wireless audio transmitter. This means that they cannot operate in the same channel as a broadcasting or datacasting station in an area within the applicable licence area (if any), where the transmission from the station is above the specified limit.

The second change proposed to item 22 of Schedule 1 is to remove the third limitation on the use of these wireless audio transmitters. This limitation contained ‘channel edge offset’ requirements that had to be met if a wireless audio transmitter was transmitting in the coverage area of an unused TV channel. This limitation was only necessary to protect analog television broadcasting services. ACMA engineering studies show that is not necessary for the protection of digital television broadcasting services.4

Amendment to item 22A—wireless audio transmitters (520–694 MHz) The existing limitations specified in item 22A of Schedule 1 for wireless audio transmitters were developed to protect analog television broadcasting services from interference from wireless audio transmitters. The change from analog television broadcasting services to digital television broadcasting services means that several of the limitations on the operation of such devices can now be removed.

To this end, the proposed variation will remove the following two limitations: > the limitation requiring that the resulting field strength of the transmission at the nearest boundary of the broadcasting station or datacasting service not exceed 30 dBuV/m > the ‘adjacent channel edge offset requirement’, which required that any transmissions in an unused broadcasting services bands channel, within the coverage area of a broadcasting or datacasting station operating in an adjacent channel, be at least 400 kHz above the upper edge, or 400 kHz below the lower edge, of the adjacent channel.

These two limitations were only necessary to protect analog television broadcasting services. ACMA engineering studies have shown that they are not necessary for the protection of digital television broadcasting services.5

Amendment to item 22B—digital modulated wireless audio transmitters Existing limitations specified in item 22B of Schedule 1 for wireless audio transmitters were developed to protect analog television broadcasting services from interference from wireless audio transmitters. The change to digital television broadcasting services means that several of the limitations on the operation of such devices can now be removed.

To this end, the variation will remove the same two limitations discussed above for item 22A. As shown in ACMA engineering studies, these two limitations are not necessary for the protection of digital television broadcasting services.6

4 A copy of Co-existence studies between wireless microphones and digital TV in the UHF Band, December 2013, can be found on the ACMA website at acma.gov.au/Industry/Spectrum/Spectrum- planning/About-spectrum-planning/reference-papers-and-items-of-interest. 5 ibid. 6 ibid.

acma | 5 New item 22D—indoor wireless audio transmitters This proposed new item to be added to Schedule 1 authorises the indoor use of wireless audio transmitters in the 520–694 MHz band.

Under this new item, there is no limitation on the use of such ‘indoor wireless audio transmitters’ within the coverage area of broadcasting services. ACMA engineering studies have shown that building attenuation means that it is possible to operate a wireless audio transmitter inside a building, without causing interference to the reception of broadcast signals received outside the building housing the indoor wireless audio transmitter.7

To this end, the variation adds a new item 22D to Schedule 1 to the LIPD Class Licence. This item authorises the operation of indoor wireless audio transmitters in the permitted operating frequency range of 520–694 MHz, with a maximum EIRP of up to and including 100 mW. Operation is subject to the limitations that the equipment is only operated indoors and complies with one of two established international standards, published by the European Telecommunications Standards Institute (ETSI), for wireless microphone equipment—ETSI EN 301 357 and ETSI EN 300 422 (see www.etsi.org).

Amendment to item 24—biomedical telemetry transmitters The proposed change to item 24 of Schedule 1 is similar to that for item 22. It revises the wording of the condition limiting the area in which biomedical transmitters cannot operate from the ‘licence area’ to the ‘coverage area’ of the relevant television broadcasting (or datacasting) station. This change is being made for consistency with the similar amendments being proposed for wireless audio transmitters. These amendments recognise that licence areas for the relevant broadcasting stations are often larger than the actual coverage areas around the transmitter that requires protection from interference.

Amendment to item 38—transmitters used underground (520–820 MHz) Item 38 of Schedule 1 authorises the use of transmitters for underground communications, used for the augmentation (retransmission) of above-ground broadcasting or datacasting services. The underground retransmission is on the same channel as the above-ground broadcasting transmitter.

When the restack of digital television services from the 694–820 MHz band (known as the digital dividend) is completed at the end of 2014, there will be no broadcasting services operating in the 694–820 MHz band that can be retransmitted underground. Hence this provision will no longer be required once restack is completed.8

The proposed change to this item removes the 694–820 MHz frequency range from the range of permitted operating frequencies after 31 December 2014.

Amendment to item 58—video sender transmitters (529–806 MHz) Item 58 of Schedule 1 authorises the use of transmitters for video senders. Video senders are an analog technology used to transport video to television monitors from video tape recorders and the like. With the change from analog to digital television, and technology developments, this technology has been all but replaced by Wi-Fi video senders that operate in other bands. Part of the frequency range provided for

7 See Engineering Report SP 2013/05—Co-existence studies between wireless microphones and digital TV in the UHF Band. 8 Restack, the process of clearing digital television services from the digital dividend band (694–820 MHz). Restack is occurring to support the introduction of new mobile broadband services in the digital dividend from 1 January 2015.

6 | acma video senders (694–806 MHz) overlaps that of the digital dividend, which will be used to support mobile broadband services from 1 January 2015.

The proposed change to item 58 of Schedule 1 is to remove the 694–806 MHz frequency range from the range of permitted operating frequencies after 31 December 2014, so that video sender transmitters may no longer be operated in the digital dividend band.

Ultra wide-band New item 61—UWB transmitters UWB technology utilises emissions with a bandwidth typically greater than 500 MHz. These wide bandwidth emissions can be used in a number of applications, including RFID and high-speed, short-range data communications. Arrangements supporting the use of UWB transmitters have been in place in New Zealand since September 2008 and in place in the United States, Europe, the United Kingdom, Canada, Singapore, Korea and Japan from earlier dates. The ACMA has consulted in depth on the introduction of arrangements in IFC10/2010 Planning for Ultra Wide-band (UWB).9

The ACMA is proposing to introduce class-licensing arrangements for UWB devices in two bands, 3600–4800 MHz and 6000–8500 MHz, with a maximum EIRP of 0 dBm in any 50 MHz band, by adding a new item 61 to Schedule 1 of the LIPD Class Licence. The use of such devices will be subject to three limitations.

The first limitation requires that these transmitters must comply with one of two established international standards for UWB equipment that include detailed emission requirements—ETSI EN 302 500 and ETSI EN 302 065 (see www.etsi.org).

The second limitation prohibits the use of these transmitters on aircraft or from any fixed, outdoor location. This limitation is to help prevent interference to conventional services operating in the bands.

The third limitation provides that devices should not be used within a nominated distance of the Australian radioastronomy sites specified in the definitions section of the LIPD Class Licence. This is to reduce the risk of interference to these sensitive services.

Radiodetermination and RFID New item 32B—radiofrequency identification transmitters The ACMA is proposing to introduce class-licensing arrangements authorising the use of radiofrequency identification transmitters (RFID) operating around 24 GHz. RFID are used to label goods and equipment for automated inventory management. The identified band enables the use of UWB technology for this application, allowing for precision location, within an indoor environment, with individual printed coding of devices.

To this end, the variation adds a new item to Schedule 1 of the LIPD Class Licence. This authorises the operation of RFID in the permitted operating frequency ranges, 22000–23480 MHz and 24100–26500 MHz, with a maximum EIRP of up to and including 28 dBm (630 mW). Limitations require that RFID operated in these frequency ranges must only be operated indoors and must not be operated within the nominated distances around specified Australian radioastronomy sites, as set out in the definitions section of the LIPD Class Licence.

9 A copy of IFC10/2010 can be found on the ACMA website at www.acma.gov.au/theACMA/Consultations/Consultations/Completed/issues-for-comment-2010.

acma | 7 The nominated distances are the same as those identified for UWB short-range vehicle radar devices operating in the same band (see item 56 of Schedule 1). These limitations are designed to protect these sensitive sites from unwanted emissions.

New item 48A—radiodetermination transmitters The ACMA is proposing to introduce class-licensing arrangements authorising the use of radiodetermination transmitters operating in the 75 GHz band and used by industry in level probing radar systems. These systems are employed to determine the thickness of materials on automated production lines.

The proposed variation adds a new item to Schedule 1 to the LIPD Class Licence to authorise the operation of radiodetermination transmitters in the permitted operating frequency range 75000–85000 MHz. Operation is subject to three limitations on the use of these devices.

The first is a requirement that the emission produced is directed towards the ground, floor or wall of a building or similar structure, minimising the level of signal radiated towards other services that could cause interference to those services.

The second limitation requires that these transmitters comply with the established international standard for level probing radar equipment that include detailed emission requirements—ETSI EN 302 729 (see www.etsi.org).

The third limitation requires that these transmitters are not operated within the nominated distances around specified Australian radio astronomy sites, as set out in the definitions section of the LIPD Class Licence. The distances are the same as those identified for UWB short-range vehicle radar.

8 | acma Invitation to comment

Making a submission The ACMA invites comment on its proposed variation instrument. Submissions should be made: By email: [email protected] By mail: Manager Spectrum Engineering Section Australian Communications and Media Authority PO Box 78 Belconnen Act 2616

The closing date for submissions is 27 April 2014.

Electronic submissions in Microsoft Word or Rich Text Format are preferred.

Media enquiries should be directed to Emma Rossi on 02 9334 7719 or by email to [email protected]. Any other enquiries may be directed to the Manager, Spectrum Engineering, by email to [email protected].

Effective consultation The ACMA is working to enhance the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.

Publication of submissions In general, the ACMA publishes all submissions it receives.

The ACMA will not publish a submission or part of a submission if the ACMA considers such material to be defamatory or otherwise unlawful, or to be unsuitable for any other reason.

The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by law Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth Government agencies or other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that

acma | 9 information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

Privacy The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to: > contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission > enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or through use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

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