As flagged in Five-year spectrum outlook 2022–27 (FYSO), ACMA is conducting a review of scientific licensing arrangements under the Radiocommunications Act 1992 (the Act).
The review aims to ensure that their scientific licensing arrangements encourage spectrum users to develop, trial and assess new and innovative radiocommunications technologies and services.
Scientific licences are a type of transmitter licence, issued under section 100 of the Act. Both assigned and non-assigned scientific licences are currently subject to the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015 (the Scientific LCD), as well as other conditions specified in individual licences. Scientific non-assigned licences authorise a specific set of use-cases, subject to general conditions in the Scientific LCD. Scientific assigned licences are used to authorise trials, or applications requiring bespoke conditions or interference coordination.
The review has identified an opportunity to replace the non-assigned scientific apparatus licence with a class licence. A class licence could allow people to perform the same activities as currently available under non-assigned scientific licences, where most people use their licence to test or develop devices in scenarios where emissions are confined to a radiofrequency shielded room or dissipated into a dummy load. The proposed class licence would remove fees and reduce regulatory burden on licensees, making it cheaper and easier for licensees to experiment and innovate, and conduct activities such as testing and repairing equipment.
The review considered ACMA’s long-standing policy that scientific licences should not authorise marketing trials. While they notes that spectrum regulators in other jurisdictions sometimes provide arrangements that support marketing trials under licences similar to assigned scientific licences, the authority is not aware of any strong or specific demand for their guidelines or regulatory arrangements to accommodate these activities.
The consultation on the review will also inform arrangements for the Scientific LCD’s sunsetting on 1 October 2025. In considering the proposed class licence implementation, ACMA has identified a range of scenarios for dealing with the sunsetting of the LCD, including repealing it, or repealing and replacing it with a new instrument.
The consultation paper is available upon request. Should you want to leave a comment, please let JNM know before February 26, 2023 (AEST).
Refer from https://www.acma.gov.au/news-articles
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