QUESTIONS ON NOTICE › Broadband, Communications and the Digital Economy (Question No. 1284)
Senator Conroy: The answer to the honourable senator's question is as follows: (1) The Australian Communications and Media Authority (ACMA) has advised that it may make two variations to the Low Interference Potential Devices (LIPD) Class Licence. The first, in mid-2012, would make spectrum available prior to completion of the restack of broadcasting services in the event that spectrum becomes available in other bands, for example the 800 MHz band. The second, in mid-2013, would amend the LIPD Class Licence to make spectrum available within the 700 MHz band and the remaining broadcast bands once the extent of that availability is known. A public consultation will be undertaken in relation to each variation. (2) The ACMA has advised that, after assessing submissions to the public consultation process, approximately two months would typically be required to make the necessary variation to the LIPD Class Licence. (3) The ACMA is working with the wireless audio device community, including with the industry representative body, the Australian Wireless Audio Group, to provide them with sufficient time and information to make the necessary adjustments. The operation of a LIPD is subject to specific conditions detailed in the LIPD Class Licence in addition to the provisions of the Radiocommunications Act 1992. Devices manufactured, imported, or modified after 26 September 2001, and operating under the LIPD Class Licence must comply with all radiocommunications standards applicable to them. The ACMA does not licence importers, wholesalers and retailers of electronic equipment. Entities trading in electronic equipment that are covered by the LIPD Class Licence are required to comply with the C-Tick compliance regime published on the ACMA website. (4) It is standard practice for the ACMA to communicate upcoming changes to licensing arrangements well in advance of the changes coming into effect, and to provide information to users, vendors and industry bodies to enable them to educate their customers and members about the changes. The ACMA publishes changes to its website and has published notices in Australian newspapers. The Australian Wireless Audio Group has advised it is working to identify affected users and how they may best be communicated with. (5) (6) and (7) The number of affected devices that will need to be replaced as a direct consequence of variations to the LIPD Class Licence is not currently known. This is because the extent of the impact will be heavily dependent on individual user circumstances such as their geographic location, existing frequency use and the ability of existing equipment to be re-tuned. The impact on users cannot be properly calculated until a number of technical and planning processes are completed by the ACMA. While some users of wireless audio devices will have to relocate out of the digital dividend spectrum (694-820 MHz), it is likely that others will be able to continue to operate in this spectrum after it has been reconfigured. This is most likely to be within the guard bands and mid-band gap: those parts of the digital dividend band that will not be used for mobile wireless communications due to the need to manage interference. Once the ACMA completes its work on the technical framework for the digital dividend spectrum licences it will be able to confirm the feasibility of this proposal. This work is due to be completed by the end of 2011. It is expected that users of wireless audio devices will be able to continue using the spaces between digital broadcasting services in the broadcasting spectrum below the digital dividend band (that is, below 694 MHz) going forward. The exact frequencies below 694 MHz in which wireless audio devices will be permitted to operate will be able to be determined once planning for the reorganization (restack) of digital broadcasting services is completed nationwide. Once users of wireless audio equipment are advised where in the spectrum they will be permitted to operate post-digital dividend, they can then assess whether their existing equipment is able to operate in the new frequencies. (8) Neither the Department nor the ACMA have had communications with online retailers for this purpose. Electronic equipment imported into Australia from another country or supplied to the market by an Australian manufacturer must comply with the C-tick regime. The ACMA has advised that it plans to introduce a new compliance mark called the Regulatory Compliance Mark (RCM) in 2012. This RCM is planned as an alternative to the C-tick and may be used in its place. The ACMA publishes information on what importers, suppliers and Australian manufacturers of wireless electronic equipment must do prior to selling the device within Australia on its website. (9) The ACMA has advised it has been monitoring a similar process of wireless audio device migration being undertaken by the UK regulator, Ofcom. (10) Preliminary studies performed by the ACMA suggest that unauthorised use of wireless audio devices in the digital dividend spectrum has the potential to cause some interference. However the wireless devices are likely be low power devices so their impact would be small. The potential for some limited unauthorised use is unlikely to impact auction revenues. Any unauthorised use of wireless audio devices would be open to compliance action by the ACMA.