Radiocommunications licensing policy discussionpaper
DECEMBER 2009
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Published by the Australian Communications and Media Authority
acma | 1
Contents (Continued)
1 Introduction
1.1 Purpose
1.2 Scope
1.3 Context
1.4 Structure of Paper
1.5 Submissions
2 Background
2.1 On-board systems
2.2 Trialling of in-flight services
2.3 Interest in commercial services
2.4 Amendment of the Mobile Phone Jammer Prohibition
3 Current licensing arrangements
3.1 Radiocommunications licensing framework
3.2 International considerations
Australian aircraft operating outside of Australia
Foreign aircraft operating in Australia
3.3 Approaches to licensing mobile communication services on aircraft
Required licensing arrangements
Spectrum licensed areas
Licensing options for non-spectrum licensed spectrum space
Apparatus licensed areas
3.4 Other issues
Types of services to be authorised
Electromagnetic energy (EME) standard
4 Proposed licensing arrangements
4.1 Radiocommunications licensing of mobile communication
services on aircraft
Proposed PMTS Class C licence option
Minimum altitude for operation
Other licensing requirements for providers of mobile communication
services on aircraft
4.2 Amendments to legislative instruments
Radiocommunications (Interpretation) Determination 2000
(the Interpretation Determination)
Radiocommunications Licence Conditions (PTS Licence)
Determination 1997 (the Licence Conditions Determination)
Radiocommunications (Cellular Mobile Telecommunications
Devices) Class Licence 2002 (the Class Licence)
Radiocommunications (Charges) Determination 2007 (the Charges Determination)
Radiocommunications (Transmitter Licence Tax) Determination 2003
(No. 2) (the Licence Tax Determination)
4.3 Other proposed changes to the PTS licence type
4.4 Principles for Spectrum Management
4.5 Analysis of proposed licensing arrangements against the Principles
Principle 1—Allocate spectrum to the highest value use or uses
Principle 2—Enable and encourage spectrum to move to its highest
value use or uses
Principle 3—Use the least cost and least restrictive approach to achieving
policy objectives
Principle 4—To the extent possible, promote both certainty and flexibility
Principle 5—Balance the cost of interference and the benefits of greater spectrum utilisation
acma | 11 Introduction
1.1 Purpose
The ACMA is proposing to amend several subordinate legislative instruments to facilitate the provision of mobile communication services on aircraft.
These instruments are the:
Radiocommunications (Interpretation) Determination 2000
Radiocommunications Licence Conditions (PTS Licence) Determination 1997
Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002
Radiocommunications (Charges) Determination 2007
Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).
Details of the proposed amendments to the above instruments are set out in
Chapter 4.
1.2 Scope
While the main purpose of this paper is to provide background to the proposed amendments it does include several issues on which the ACMA is inviting specific comment. These are the:
Proposed issue charge for Public Mobile Telecommunications Service (PMTS) C licences, including:
the likelihood of there being more than one PMTS C licensee in the short to medium term (1–3 years); and
Proposed minimum altitude requirement for mobile communication services on aircraft.
Chapter 4 sets out the issues on which the ACMA is specifically seeking comments.
1.3 Context
The Australian Communications and Media Authority Act 2005 (the ACMA Act) sets out the spectrum management functions of the ACMA. These include:
to manage the radiofrequency spectrum in accordance with the Radiocommunications Act 1992 (the Act)
to advise and assist the radiocommunications community.
Further to this, the ACMA has developed a set of principles that guide the ACMA’s approach to a range of spectrum management initiatives. The Principles for Spectrum Management (the Principles) are designed to increase the transparency, predictability and consistency of ACMA’s decision making in a climate of rapid technological change and increasing demand for new services.
The Principles are:
Principle 1—Allocate spectrum to the highest value use or uses
Principle 2—Enable and encourage spectrum to move to its highest value use or uses
Principle 3—Use the least cost and least restrictive approach to achieving policy objectives
Principle 4—To the extent possible, balance certainty and flexibility
Principle 5—Balance the cost of interference and the benefits of greater spectrum utilisation.
The ACMA has provided an analysis of the proposed licensing arrangements against the Principles in Chapter 4 to this discussionpaper.
1.4 Structure of paper
This paper is structured as follows:
Part 2 provides a background to the development of commercial mobile communications on aircraft
Part 3 discusses the ACMA’s consideration of the current radiocommunications licensing arrangements for mobile communication services on aircraft
Part 4 sets out the proposed licensing arrangements, the specific changes to legal instruments and an analysis against the Principles.
1.5 Submissions
The ACMA welcomes any public comment on the proposals in this paper to establish radiocommunications licensing arrangements for mobile communication services on aircraft as well as the proposed changes to PTS licensing arrangements.
Publication of submissions
In general, the ACMA publishes all submissions it receives. However, the ACMA will not publish submissions that it considers to contain defamatory or irrelevant material.
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 confidentiality claims.
The ACMA will not automatically accept all claims of confidentiality, but will consider each claim on a case-by-case basis. If the ACMA accepts a confidentiality claim, it will not publish the confidential information unless required to do so by law.
When can the ACMA be required by law to release information?
The ACMA may be required to release submissions by law under the Freedom of Information Act 1982 (Cth) or for other reasons, including for the purpose of parliamentary processes or court subpoena. The ACMA will seek to consult submitters of confidential information before providing that information to another body or agency, but the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
Sharing of information
Under the ACMA Act, the ACMA is able to disclose submissions to the Minister for Broadband, Communications and the Digital Economy; the Department of Broadband, Communications and the Digital Economy (DBCDE), including authorised officials; Royal Commissions and certain Commonwealth authorities such as the Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC). If information is accepted by the ACMA as confidential, the ACMA will seek to consult with the submitter of the information where the ACMA intends to share that information.
Submissions may be sent to the ACMA as follows:
By email: Licence&
By mail:Licence and Numbering Development Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
Submissions are to be provided to the ACMA by 29 January 2010.
2 Background
In-flight telephony for passengers has existed since Airfone introduced the first in-flight telephone system on American Airlines in 1984, with seatback phones available from 1987. Though relatively expensive, seatback phones enjoyed early popularity. The popularity of these phones has waned more recently as customers have become accustomed to cheaper and more convenient telephony on the ground.[1] Since 2004, with services such as Boeing’s Connexion service, airlines have provided internet services to passengers.[2] Concerns regarding aircraft safety and potential problems for terrestrial networks prevented the extension of communications services that would have enabled airborne passengers to use their mobile phones. It was not until the emergence of on-board systems using pico cell technology that safe, reliable mobile communication services on aircraft using passengers’ own devices became viable.[3]
2.1 On-board systems
On-board systems provide an environment where passengers can safely operate mobile phones and other user devices onboard aircraft. These systems have two components: the control unit and the base transceiver station radiofrequency unit (pico cell).
The control unit blocks most of the frequencies on which mobile base stations transmit. Once the on-board system is turned on, the control unit prevents mobile phones from receiving signals from base stations in the terrestrial network. The control unit transmits in the bands relevant to the geographical location of the aircraft. In Australia, those frequency bands are:
870–890 MHz;
935–960 MHz;
1805–1880 MHz (except for the specific channel used for the link between the pico cell and user devices); and
2110–2170 MHz.
The pico cell acts as a base station within the aircraft to facilitate mobile communication services on aircraft in much the same way that land-based mobile base stations or cell base stations facilitate terrestrial mobile telecommunications. It transmits to the terrestrial networks via satellite.
The on-board system resolves two concerns relating to provision of in-flight mobile phone services. The first is the possibility that the operation of mobile phones might interfere with aircraft electronic navigation systems.[4] This is avoided because the on-board system is designed and installed in such a way that mobile devices are able to operate at low power levels.
The second concern resolved by the on-board system relates to the demand that calls from airborne mobile devices travelling at high speeds might place on terrestrial networks. The ACMA understands that mobile devices in airborne aircraft may identify several terrestrial base stations as being equidistant and then attempt to communicate with some or all of them at the same time. Terrestrial networks have not traditionally been designed to effectively manage communications with airborne mobile devices travelling at high speed. On-board systems alleviate this concern by preventing airborne mobile devices from receiving signals from terrestrial networks.
2.2 Trialling of in-flight services
In 2007, the ACMA enabled a trial by AeroMobile of an on-board system on a single Qantas passenger aircraft operating on domestic routes in Australia.[5] The trial ran from April 2007 until January 2008 and was limited by Qantas and AeroMobile to SMS and GPRS (data/email) services. An amendment to the Mobile Phone Jammer Prohibition permitted the use of a component of the on-board system that fell within the definition of a prohibited device.[6] The trial was authorised by a scientific licence (a type of radiocommunications licence issued by the ACMA that is used to authorise trials and testing of radiocommunications equipment).
A condition of the scientific licence was that AeroMobile inform all licensees sharing the frequency bands authorised by the licence of the details of the trial, including flight times and aircraft routes, and invite their advice or comments on the trial, particularly in relation to any interference they experienced.
Qantas and AeroMobile advised the ACMA that the trial of SMS and GPRS functionality was highly successful. No complaints of interference were received by AeroMobile, Qantas or the ACMA.
2.3 Interest in commercial services
Both Qantas and V Australia have advised the ACMA that they intend to offer in-flight SMS and GPRS services and requested that appropriate regulatory arrangements be made to facilitate these services.
Results from questionnaires distributed to passengers during the AeroMobile trial indicated there was customer interest in commercial deployment of mobile communication services on aircraft. There is also increasing interest in these services overseas. In April 2008, the European Commission introduced rules to harmonise the technical and licensing requirements for the use of mobile phones on board aircraft across the European Union.[7] A number of airlines have now either commenced in-flight mobile telephony services or announced their intention to do so.
For example, Ryanair has enabled mobile telephony on 20 of its planes and plans to extend the service to the rest of its fleet over the next 18 months. Emirates Airlines recently recorded its 100,000th in-flight mobile user. While the first 50,000 in-flight mobile users were recorded over the first nine months after launch, the next 50,000 users took only two months to record, indicating increasing acceptance and uptake of mobile communication services on aircraft.[8]
2.4 Amendment of the Mobile Phone Jammer Prohibition
The ACMA amended the Mobile Phone Jammer Prohibition in January 2009 to allow the supply and possession of a device if:
(a)the device is designed to facilitate a cellular mobile telephone service onboard an aircraft operating within another frequency; and
(b)the device is operated for that purpose.[9]
This change made it feasible for Australian airlines and their suppliers to commence planning for the introduction of the on-board systems used to provide mobile communications services on aircraft. Importantly, the Mobile Phone Jammer Prohibition does not authorise the operation of on-board systems—as the operation of radiocommunications devices in Australia must be authorised by a radiocommunications licence issued by the ACMA.
Since amending the Mobile Phone Jammer Prohibition, the ACMA has been considering the radiocommunications licensing arrangements that could be used to authorise the operation of on-board systems on Australian-registered aircraft. Licensing arrangements for on-board systems need to take account of a number of issues, including:
- The apparatus, class and spectrum licensing regimes established by the Act;
- Existing licensing arrangements for terrestrial mobile phone services, including apparatus, class and spectrum licences;
- The number of frequency ranges in which on-board systems operate; and
- The need for licensing arrangements for on-board systems to support their operation throughout Australia as well as internationally.
3 Current licensing arrangements
3.1 Radiocommunications licensing framework
The operation of radiocommunications devices in Australia must be authorised by a radiocommunications licence issued in accordance with the Act.[10] The ACMA authorises the operation of radiocommunications devices by issuing:
Apparatus licences—which authorise the licensee (or authorised third party) to use a specified device (transmitter or receiver), often for a specified purpose, subject to the conditions of the licence; or
Spectrum licences—which authorise the licensee to use any radiocommunications device within the allocated spectrum space (frequency range plus geographical area), subject to the conditions of the licence; or
Class licences—which authorise any person to use a radiocommunications device of a specified type and/or for a specified purpose.
All three licensing regimes are used in combination to license terrestrial mobile telecommunications services in Australia, as follows:
Public Telecommunications Service (PTS) licences, a type of apparatus licence, are used to authorise the operation of land stations (e.g. mobile phone base stations) in the 800 MHz, 900 MHz and 1800 MHz bands.
The operation of user devices is authorised under the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002 (the Class Licence) when user devices are communicating with land stations authorised under a PTS licence.
Spectrum licences issued in the 800 MHz, 1800 MHz and 2100 MHz bands authorise the operation of both base stations and user devices.[11]
A PTS licence is an apparatus licence issued for a radiocommunications service that consists of two or more land stations that are operated:
(a)by a person who holds a carrier licence under the Telecommunications Act 1997 (the Telecommunications Act)
(b)for providing a public mobile telecommunication service (PMTS).[12]
Because the function of the control unit component of the on-board system is to prevent terrestrial base stations from connecting to mobile phones, it is necessary for the device to operate on frequencies already licensed to other telecommunications carriers and other parties. Any approach to licensing mobile communication services on aircraft will therefore need to take into account existing licence arrangements, including terrestrial licensees and the licensing regimes in each relevant frequency band.
3.2 International considerations
Australian aircraft operating outside of Australia
Paragraph 16(1)(c) of the Act specifies that the Act applies outside Australia to Australian aircraft.[13] As a result, radiocommunications licensing arrangements for Australian-registered aircraft will also apply when those aircraft are outside Australian airspace.
Application of the Act outside Australia, in conjunction with relevant international agreements to which Australia is a party, provides the means for reciprocal recognition of licensing arrangements for Australian aircraft in international airspace and in the airspace of other countries. For example, Article 30 of the Convention on International Civil Aviation (‘the Chicago Convention’) permits the carrying of radiocommunications devices onboard an aircraft over a foreign jurisdiction where a licence to install and operate such devices has been issued by the country in which the aircraft is registered. The use of the devices in the country whose territory is flown over is in accordance with the regulations prescribed by that country.[14] Therefore, if appropriate licensing arrangements are established by the ACMA, they can be used to authorise mobile communication services on Australian aircraft operating on international routes.
Foreign aircraft operating in Australia
Reciprocal recognition is also able to be extended to foreign-registered aircraft operating in Australian airspace. Other regulations, such as the Radio Regulations of the International Telecommunication Union (ITU), provide the means to regulate the behaviour of such aircraft. For example, under the procedures set out in Article 15 of the Radio Regulations, an agency such as the ACMA has the right to request a foreign aircraft (or vessel) in its territory to modify or cease the operation of a radiocommunications device that is otherwise licensed by the country of origin of the aircraft (or vessel). This provides a mechanism for the ACMA to request that foreign aircraft providing mobile communication services on aircraft in Australian airspace do so in accordance with the same technical conditions imposed on Australian aircraft.[15]