Partial Revision of the 2015 Radio Regulations, as incorporated into the Final Acts of the World Radiocommunication Conference 2019 (WRC-19)
Background
3.1
This Chapter examines the Partial Revision of the 2015 Radio Regulations, as incorporated into the Final Acts of the World Radiocommunication Conference 2019 (WRC-19) (the proposed Final Acts), done at Sharm El-Sheikh on 22 November 2019. The proposed Final Acts were tabled in the Parliament on 2 February 2021.
3.2
The Radio Regulations are a binding international instrument administered by the International Telecommunication Union (ITU) under the Constitution of the International Telecommunication Union (the Constitution) and the Convention of the International Telecommunication Union (the Convention).
3.3
The National Interest Analysis (NIA) states that the Radio Regulations ‘set out mandatory technical, operational and regulatory parameters and conditions of use for radiofrequency spectrum and satellite orbits by communications technologies’. This facilitates equitable access to, and rational use of, the radio-frequency spectrum and satellite orbits.
Radio-frequency spectrum
3.4
The radio-frequency spectrum is part of the electromagnetic radiation spectrum that includes visible light. Electromagnetic radiation propagates as electromagnetic waves. The characteristics of these waves change across the electromagnetic spectrum.
3.5
For the purposes of the Radio Regulations, the most important characteristic of electromagnetic waves is frequency. Frequency refers to the number of waves generated in a set period of time and is measured in Hertz (Hz). Hertz measures the number of waves per second. One Hertz means one wave per second.
3.6
The radio-frequency spectrum (referred to as ‘spectrum’ hereafter) is a small part of the electromagnetic radiation spectrum, generally regarded as being the electromagnetic radiation spectrum between 3 Hz and 300 GHz (gigahertz, or one billion Hertz a second).
3.7
Spectrum is used for communication technologies from free to air radio and television to wi-fi. The Radio Regulations ensure that the spectrum is used internationally in a manner that will prevent harmful interference in communications by allocating each form of communication a separate part of the spectrum.
Satellites
3.8
As identified above, the Radio Regulations also regulate satellite orbits. In practice, the ITU uses the Radio Regulations’ allocation of spectrum as the mechanism for administering satellite orbits.
3.9
In relation to satellites, Article 44 of the Constitution states:
In using frequency bands for radio services, Member States shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically, in conformity with the provisions of the Radio Regulations so that countries or groups of countries may have equitable access to those orbits and frequencies, taking into account the special needs of the developing countries and the geographical situation of particular countries.
3.10
The geostationary orbit, located 35,786 km above the equator, is attractive to telecommunication operators because it permits satellite communication with a significant proportion of the Earth’s surface. Surface-based receivers and transmitters can also be fixed because the satellite is always in the same location in the sky.
3.11
To alleviate interference with radio communications, satellites in geostationary orbit must be at least 1,000 km apart. Consequently, there is an upper limit of 1,800 slots in the geostationary orbit.
Proposed Final Acts
3.12
Article 13 of the Constitution and Article 7 of the Convention enable the revision of the Radio Regulations at World Radiocommunication Conferences, held every three to four years, largely to reflect technical advances.
3.13
The proposed Final Acts contain the revisions to the Radio Regulations agreed at the WRC-19.
3.14
Ms Rachel Blackwood from the Department of Infrastructure, Transport, Regional Development and Communications (DITRDC) told the Committee:
The outcomes of WRC-19 aligned with Australia's overarching objective for the conference, which was to ensure that the radio regulations are consistent with the rational and efficient use of Australia's sovereign assets in the radio frequency spectrum. As outlined in the National Interest Analysis, the revisions agreed at WRC-19 contain numerous changes to the radio regulations that are expected to benefit Australia by supporting continued development and roll out of communication services.
3.15
Ms Blackwood continued:
We have identified no disadvantages to Australia consenting to the revisions to the radio regulations and taking the proposed treaty action. Australia retains its sovereign right to control transmissions within its territory and to protect Australian users from interference from foreign systems.
Obligations
3.16
The NIA identifies revisions to the Radio Regulations agreed at the WRC-19 relevant to Australia:
Spectrum has been allocated globally for use by 5G mobile broadband services. Australia, along with 67 other countries and Region 2 countries, has been allocated spectrum in the 47.2-48.2 GHz band for 5G mobile broadband.
Spectrum has been allocated globally for transmissions of High-Altitude Platform Stations (HAPS) (such as aircraft) and their associated ground stations. Specifically, spectrum in the 31-31.3 GHz and 47.2-47.5 GHz bands has been allocated on a primary basis for HAPS. Spectrum in the 38-39.5 GHz band has been allocated on a primary basis for ground station to HAPS communications and on a secondary basis for HAPS to ground station communications.
Spectrum between 275-450 GHz has been allocated for land mobile and fixed service applications. This spectrum allocation is expected to enable new technologies using high bandwidth point-to-point transmissions over short distances, such as at ticket gates or within computers. Conditions have been applied to parts of this band to protect Earth exploration satellite services and radio astronomy applications.
Conditions for radio local area networks, such as wi-fi in the 5150-5250 MHz band of the spectrum, have been relaxed to allow for limited outdoor transmissions provided the transmission power is low.
A second satellite system has been added to Appendix 15 of the Radio Regulations to facilitate the provision of Global Maritime Distress and Safety System (GMDSS) services. As part of the same change, the maritime mobile-satellite service allocation in the 1621.35-1626.5 MHz band has been upgraded to primary status, and provisions have been put in place to protect services operating in that and adjacent bands. These changes have been made to accommodate updates made to the GMDSS by the International Maritime Organization.
In response to the proliferation of Autonomous Maritime Radio Devices (AMRDs), such as those fitted to buoys, regulations have been developed permitting AMRDs to use spectrum between 156.525 MHz, 161.975 MHz, and 162.025 MHz for navigation safety and spectrum at 160.9 MHz for uses unrelated to navigation safety.
Additional spectrum has been allocated to enable the satellite component of the Very High Frequency Data Exchange System, which provides extended coverage for maritime communications.
New conditions have been imposed on non-geosynchronous orbit satellites to align with those that apply to satellites in geosynchronous orbit. Satellites providing fixed-satellite, broadcasting-satellite or mobile-satellite services would need to be deployed for 90 continuous days within a seven-year period to be brought into use.
Non-geosynchronous orbit satellite systems in certain bands and services, which use a number of satellites for the same purpose, must also have at least:
10 per cent of the system’s satellites deployed within three years of the initial seven year milestone;
50 per cent of the system’s satellites deployed within five years of the initial seven year milestone; and
100 per cent less one of the system’s satellites deployed within seven years of the initial seven year milestone.
Global conditions for the operation of Earth Stations in Motion (ESIM) in the 17.7-19.7 GHz and 27.5-29.5 GHz bands have been imposed to support the provision of satellite broadband to moving vehicles, such as aeroplanes and ships.
Gateway earth stations have been allocated additional spectrum in the 51.4-52.4 GHz band for transmission to satellites to support broadband satellite systems.
Emission limits have been imposed on mobile-satellite service transmissions in the 399.9-400.05 MHz band, and ground stations used by Earth exploration-satellite and meteorological-satellite services in the 401-403 MHz band. This is to protect low-power satellite data collection systems, which are used for weather and climate data. Existing mobile-satellite systems have a transition period of five years to meet the new emissions limits.
New special conditions have been agreed for short duration mission satellite systems (systems of less than 10 satellites with a mission length of up to three years) to better reflect the short build, launch and de-orbit timeframes of these systems.
3.17
According to the NIA, the principal benefits for Australia arising from the revisions are:
the provision of more bandwidth supporting 5G mobile broadband services;
improved connectivity on aeroplanes and ships;
increased global satellite broadband availability and competition in the non-geostationary satellite orbit market;
expanded capacity and coverage, particularly in Polar regions and in the provision of GMDSS satellite services; and
improved protection for radio astronomy and earth observation sciences, including projects of national interest such as the Square Kilometre Array and earth observation satellite missions.
Reservations and declarations
3.18
The NIA confirms Australia made a general reservation to the proposed Final Acts at the WRC-19. Australia reserved the right to take measures it might deem necessary to safeguard its interests if another Member State fails to respect the conditions in the Final Acts or if reservations made by any Member State are prejudicial to radiocommunication services in Australia or its full sovereign rights.
3.19
In relation to the reservation, Ms Blackwood from DITRDC stated:
That's a general reservation that is pretty common in terms of member states' approaches to the World Radiocommunication Conference [WRC] and aligns with a similar reservation that we have lodged over the years at successive WRCs. It essentially preserves our right to take actions that might be required if other jurisdictions do not comply with their obligations under the Radio Regulations or we need to do things that conflict with the regulations to deal with interference suffered within our territory.
3.20
In addition, the NIA states that Australia joined with Canada, New Zealand and the United States at the WRC-19 in supporting a Ukrainian declaration on the claimed annexation of Crimea by Russia. The declaration supported a United Nations Resolution calling upon all States, international organisations and specialised agencies not to recognise any alteration in the status of Crimea. It also encouraged the ITU Secretary-General to take all necessary actions to assist Ukraine ensure its telecommunications resources are used in accordance with the ITU Constitution and Convention, and the Radio Regulations.
3.21
Ms Blackwood from DITRDC noted that the declaration concerning Crimea was similar to that made at the previous World Radiocommunication Conference in 2015.
3.22
Finally, the NIA states that Australia joined a declaration with 32 other countries at the WRC-19 opposing Colombia’s reaffirmation of the Bogota Declaration of 1976. The declaration advised that the claims in relation to the Bogota Declaration cannot be recognised by the Conference. The Bogota Declaration was an attempt by equatorial countries to claim sovereign rights over the geostationary satellite orbit above their geographical location.
3.23
DITRDC advised that the position Australia took at the WRC-19 in relation to the Bogota Declaration was consistent with previous seven World Radiocommunication Conferences and was developed in consultation with the Department of Foreign Affairs.
Implementation
3.24
According to the NIA, most of the revisions from the WRC-19 apply to Australia provisionally from 1 January 2021, and would only formally enter into force if Australia notifies the Secretary-General of the ITU of its consent to be bound or if consent is deemed because Australia has failed to provide notification of its decision within 36 months – by 1 January 2024.
3.25
However, the NIA advises that some of the WRC-19 revisions relating to Australia came into force immediately following the Conference:
These revisions related to international satellite regulation and maritime safety communications; some provisions for satellite and mobile technologies; a provision relating to the [intended] use of 4800-4900MHz by a number of countries for the purpose of international mobile telecommunications (IMT)...
3.26
A further revision that sets out global conditions for the operation of ESIM in certain bands, came into force on 1 July 2020.
3.27
In accordance with the ITU Constitution, the general reservation made by Australia would remain in force provided that Australia maintains the reservation when notifying the Secretary-General of its consent to be bound.
3.28
The NIA provides that Australia’s obligations under the Radio Regulations are implemented through the Australian Radiofrequency Spectrum Plan (ARSP) in accordance with section 30 of the Radiocommunications Act 1992. Amendments will need to be made to the ARSP if Australia consents to be bound by the revisions.
Costs
3.29
There are no identifiable direct costs to Commonwealth, State or Territory Governments arising from the proposed Final Acts.
Conclusion
3.30
The Committee acknowledges the reservations and declarations made by Australia at the WRC-19 and notes they are consistent with the position Australia took at previous World Radiocommunication Conferences.
3.31
The Committee is satisfied that the WRC-19 revisions to the Radio Regulations are in Australia’s national interest and recommends that binding treaty action be taken.
3.32
The Committee supports the Partial Revision of the 2015 Radio Regulations, as incorporated into the Final Acts of the World Radiocommunication Conference 2019 and recommends that binding treaty action be taken.