ACMA makes changes to radiocomms equipment regulation

In November 2022, the Australian Communications and Media Authority (ACMA) consulted on proposals to simplify and streamline radiocommunications equipment supply regulation. Following the consultation period and consideration of the submissions received, the ACMA has announced the following changes:

• The Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1).
• The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No.1).
• The Telecommunications Legislation Amendment (Significant) Instrument (No.1) 2023.
• The Communications Legislation (Protected Symbols) Determination 2023.

Changes to the General Equipment Rules

The Radiocommunications Equipment (General) Rules 2021, otherwise known as the General Equipment Rules, have been updated by the Amendment Rules to:

• repeal 13 radiocommunications-mandated technical standards and the Radiocommunications (Compliance Labelling – Devices) Notice 2014, and include their content in the General Equipment Rules with minor amendments;
• adopt five additional international documents to provide suppliers with greater flexibility to achieve compliance with technical performance requirements;
• repeal the Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2014;
• replace the interim electromagnetic energy (EME) test method IEC TR 63170 with IEC/IEEE 63195-1:2022 and IEC/IEEE 63195-2:2022 to allow suppliers to use both computational methods and physical measurements to determine compliance with ARPANSA’s EME limits for transmitters operating above 6 GHz;
• rename the description of devices in relation to their compliance requirements;
• include an exemption for devices used in connection with a ‘significant event’ declared by the ACMA by notifiable instrument.

Significant event provisions

The General Equipment Rules now includes section 54A, which is the significant event provision.

The LIPD Class Licence Variation amends the definition of ‘significant event’ in the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 to reference an event declared under subsection 54A(2) of the General Equipment Rules.

The Telco Significant Event Instrument similarly amends the definition of ‘significant event’ in the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 (TLN) and the Telecommunications (Types of Cabling Work) Declaration 2013.

Protected Symbols Determination

The ACMA has also made the Communications Legislation (Protected Symbols) Determination 2023, which remakes the Protected Symbols Determination 2013 that was due to sunset.

This means the status of the Regulatory Compliance Mark (RCM) as a protected symbol has been maintained. The A-Tick and C-Tick marks are no longer protected symbols as their use on newly supplied equipment has not been permitted since February 2016.

All these changes are now in effect; more information is available on the ACMA website. The Authority has also published submissions and an outcomes paper on the consultation page.

Image credit: iStock.com/designer491