Proposed changes to amateur licensing arrangements

[VK3YNV]

The following draft has been released regarding proposed changes to the amateur licensing arrangments.

This paper sets out options and proposals for public consideration. We are seeking stakeholder views on options being considered under the review:

• Option A: keep the existing apparatus licensing arrangements with the same licence conditions
  
• Option B: simplify the current licensing arrangements and licence conditions by amending the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015 (Amateur LCD)
  
• Option C: transition to class licensing arrangements for amateur stations operating on common frequencies (non-assigned amateur stations). The operation of amateur beacon and repeater stations (assigned amateur stations) would continue to be authorised under apparatus licensing arrangements, possibly with new arrangements for frequency coordination and assignment.

My first impression on reading this proposal is that the ACMA wants to wash its hands of the Amateur Service, handing off callsign allocation to private enterprise like the AMC. Reducing licensing administrative costs by moving to a class license.

The class license option might remove the need for annual renewal fees. But might also involve other undesirable changes. It's not clear what else the proposal actually involves.

Personally, my default position is Option A, leave things as they are.

I think this is a topic that we can discuss this weekend. Interested to hear what others think.

Ray
VK3YNV

 

[VK3YNV]

The latest email from ARV seems to be in favour of option 3, the class license option. Correction: The email was just quoting ACMA preferred policy.

Anybody know what that actually involves?

While it seems to imply minimal changes, I like the abolition of the annual license fee, but is there a poison pill hiding somewhere in the fine print.

I don't feel comfortable with what that change might imply somewhere down the line.

It would be good to have someone explain what the legalese actually means.

 

[VK2RK]

The latest email from ARV seems to be in favour of option 3, the class license option.

Anybody know what that actually involves?

While it seems to imply minimal changes, I like the abolition of the annual license fee, but is there a poison pill hiding somewhere in the fine print.

I don't feel comfortable with what that change might imply somewhere down the line.

It would be good to have someone explain what the legalese actually means.

This video explains all

 

[VK2RK]

Second part of VK3YE video explaining the consequences and what other countries are doing.

 

[BillC]

If individuals all have a say it will again turn into a bunfight. Surely representation should come from clubs or groups all producing a common proposal .This would convince the authority that amateurs can manage and self regulate to the required degree . With cohesive proposals surely the authority would have the confidence to pass the "BALL" over to amateurs . BUT There still needs to be structure ,we need government do we not? PS . written by a non ham.

 

[VK2RK]

Another rant by me


Reading back on some of the history leading us to today's set of problems, that are about to completely change what Amateur radio service is.
Its so evident with the documentation out in the wild, that we are delusional to think that we are having any influence in our destiny.

The ACMA has played both RASA and the WIA like puppets at the end of a string, the language used like "WIA and RASA have made a number of requests" is clear that we are where we are due to their defective advise to ACMA over time.
The foundation changes - WIA RASA initiatives (heavily promoted to obtain a questionable result)
Relaxation of the call-sign format - another WIA initiative, that presents the current debate in the abolition of state numbering provision. This has played into the hands of the ACMA, allowing the class licence model easier to implement.
Then we have the non consequential submissions re the 5 MHz band, that the ACMA has let the puppets dance knowing that the proposal would be rejected in the first place, yet went along with due process to appear to be consultative.

Back in 2019 the combined agendas of the WIA and RASA have now matured to the current situation of been further devalued as a service, followed with loss of protection afforded presently by the Radio Communication act.

The class licence could appear to some as an attractive proposition, however it reduces all protections afforded by the current legislation, allows the ACMA to alter condition under the ministerial directive instrument, places all non interference responsibility upon the class licence holder, with no protection afforded to the class licence holder if interfered with. NOTE the ACMA does nothing if Amateur station are interfered with, its part of internal policy to not investigate unless pressed hard, but under the legislation a duty of care to do so exists, ACMA fails in this duty of care

More importantly completely eliminates the consultation process that the current radio and communication act affords all players.
The ACMA can come along and take frequencies away from for what ever reason with no obligation to consult, with no recourse on our part.
The ACMA will try to assure you that their action will comply with the ITU treaty, this is just smoke and mirrors, as the treaty allows regional variances, for example bands and frequencies as Australians are not allowed to use but other countries can.

As a service we have been devalued for political reasons plus the infighting from those that claim to represent us, along with a government department that has no appreciation of what we are along with what we represent and that of an immense civil defense resource.
Even after the dumbing down of the technical requirement we still offer the community at large as an on-call resource for both civil defense and emergency situations.

From the beginning amateur radio has been the launching pad for many careers returning to society at large many productive results.

Now we are just been considered as an hobby...

THANK-YOU WIA & RASA Great work. NOT


_____________________________________________________________________
June 2019 (Extract from full document below)
Assessment of requests from the amateur community
WIA and RASA have made a number of requests to the ACMA for changes to amateur licence conditions. The requests received by the ACMA relate to the following:
> allowing the use of digital modes for foundation licensees
> reviewing call sign format
> relaxing restrictions on the use of commercially manufactured equipment
> reviewing net-connected repeater use by Foundation licensees
> expanding permitted bandwidths in certain circumstances
> clarifying definitions and terminology
> reviewing permitted transmitter output power levels
> permitting operation in additional frequency bands, including secondary allocation in the 5.3 MHz band.
On some issues, the WIA and RASA are in agreement, while they hold differing views on others.
The ACMA has considered these requests against the Principles and the total welfare standard, particularly with a view to reducing unnecessary restrictions on amateur licensees and reducing regulatory red tape. We have divided these requests into the following four categories:
> Requests that the ACMA agrees should be progressed. Most of these requests (other than the call sign review) require changes to the Amateur LCD and Overseas Class Licence. These changes are proposed in the draft omnibus instrument which can be downloaded on the web page for this consultation.
> Requests that the ACMA considers would result in desirable changes, but which require further feedback from the amateur community prior to being presented in a draft amendment instrument. These changes would reduce differentiation between the three amateur licence levels under discussion.
> Requests that are most appropriately managed under the ACMA’s Five-year spectrum outlook (FYSO).
> Requests that the ACMA does not consider should result in changes to amateur licence conditions.

https://www.acma.gov.au/.../proposed-changes-amateur...

 

[VK2RK]

If individuals all have a say it will again turn into a bunfight. Surely representation should come from clubs or groups all producing a common proposal .This would convince the authority that amateurs can manage and self regulate to the required degree . With cohesive proposals surely the authority would have the confidence to pass the "BALL" over to amateurs . BUT There still needs to be structure ,we need government do we not? PS . written by a non ham.

Can be all Bill individual clubs etc.
The problem will be convincing people of the disadvantages that come with the big carrot.

 

[BillC]

Think of all the services which have been shut down, amalgamated ,sold off , let go ,private-ised , and all the standards which have been lowered : Little by little ,softly softly ,gently gently ; One wonders what is the overall agenda? Lets look back into history . Thanks Rob ,I will go and dig the vegie. patch now.

 

[VK2RK]

From a friend of mine that is also a member of the Amateur Radio Australia (for Real Amateurs) face book page wrote the following.


Ron Southworth VK4AGL
After reading the complete versions of the proposal change documents, below is my personal opinion and thoughts for others to reflect on hopefully on the present proposals to “end user licensing" with respect to the amendment of various parts of Australian Communications/Telecommunications legislation.

1. Why suggest the changes at all, things work, money is made in tax revenue. The second largest user group after land mobile users that is a significant user group why are we not being directly contacted as individuals as is the case with the land mobile user group.
Simply put the people making these proposals from the politicians down, they don’t want to do all that they should be doing with their job and or be accountable when things go wrong so they are doing things to appear to be conducting due diligence.

2. The ACMA Policy area in their discussion paper has clearly Identified a proposal called generally at the moment as “Option C” for the Amateur Service as their way forward to meet their agenda in shaping the future of this Service.
A & B don’t achieve what their “hidden agenda and long term strategy” for this service is.
If your time poor, only read section C but read it and look at the legislation what is not proposed to be changed is also important. New or revised Australian legislation is supposed to be transcribed in plain english for a person of an average comprehension of english to understand and not written by lawyers!

3. Most folks read the carrot of our licence is “moved” to a class based license meaning simply you are no longer requiring to pay annualised fee’s and say, “She’ll be right”.. I am saying to everyone right now, you need to consider as to what the consequences that arise out of the proposal are actually going to mean not just to you now but for the future for you and other people.
This proposal really is about shaping the future of The Amateur Service and the other services they are also proposing to alter in legislation. It is also about the perception of the role people see the service as playing in times of national emergency and defence in times of peace and in times of conflict.

4. What does a Class license look like right now?
CB is a classed based service and it has been around for long enough for real world examples on how things are going to be handled in the future as proposed at the moment. How is the CBRS treated simply looking at if a user has an interference issue. ACMA’s answer is a polite tough luck! Anything more involved oh you are kidding? This is Just one impact aspect of the service that is going to fundamentally alter under this proposal

5. How do we all mitigate this risk There needs to be changes included for protection of the things we take now for granted and language to identify the role the service provides to the General Australian Community at large in times of national crisis in all it’s forms and the role it plays in STEM and the bridge between research and new and emerging technologies. How this change is put in place needs to be sorted out along with these proposals. If not the service is going to be radically different in the very near future let alone to those only starting out in the service now.

 

[VK3YNV]

Please download and read the attached.

 

[VK2RK]

UNCLASS (For general public transmission and reception)

To all Australian Amateur Radio Service folks from Ron Southworth.

It is a very rare thing that I am afforded the latitude to make any public comments as a result of my career choices I have to remain usually silent on issues in the public interest. With that in mind this comment is the most significant I have ever personally scribed with respect to the Australian Amateur Radio Service

I say to anyone that reads this most adamantly….

“The Australian Amateur Radio Service is going to fundamentally change if the ACMA preferred amendments in legislation proposal and as it presently exists remain unaltered. The consequences will be comparative within my lifetime to the annals of ancient history and with all the importance to the quality of life in Australia in the freedom to search for knowledge and to promotion and betterment of science to the likes of the mystical unicorn”



Please read on...



Untangling the ACMA Amateur Radio Service amendments proposal of 2021 Proposal - The Impacts and consequences to the Amateur Radio Service.

https://www.acma.gov.au/consultatio...ource=SendEmailCampaigns&utm_term=our website

Alternate titles …

This bit of paper is for the folks that think they should just sit on the fence and let someone else do all the work as usual or

think Ham Radio is just another hobby eh ….

Out of the gate first shot… The WIA and RASA should be already all over this stuff (this paper) why are they not? It is bordering on gross negligence on their part and burying your head in the sand to think that they have not been consulted or are not aware of this thing coming and would have had plenty of time to prepare. What has been released by them it is referred to as a “MIRROR” management 101 response – we will look into it. First and foremost all you guys touted by the ACMA as representing this service need to put aside all the usual chest beating and get your shit happening and start working Yesterday. If you guys are serious you will have some definitive language for members to use to write to the PMC and the Communications Minister and the ACMA to FLOOD their inbox within 2 weeks or less. The Clock is running GO ...

For non represented association members (the vast majority of Radio Amateurs) and also those people that can also read, we are all members of the same fraternity.

Firstly and most significantly from the ACMA preamble a salient underpinning perception needs immediate remediation in the community attitudes as perceptions are VERY WRONG.. Sorry guys, NO Ham Radio it isn’t just a hobby. Some convenient lapses of memory and historical precedence have been highlighted in the preamble of the ACMA paper and not been imparted or explained as new comers join the service.

Language is very important in this stuff. It needs to be consistent and any inconsistencies show that things are hurried poorly researched and have a lack of intimate technical detail for the subject matter to be writing a given paper and are trivialised.

The ITU calls this HAM Radio thing a service and the Australian Government and by virtue the ACMA should abide by the language and spirit of the ITU charter, resolutions and minutes.

Why use the word service and not hobby?

Simply, In times of Local, National, and Global Emergency, Amateur Radio Operators can be required (compelled) to assist in that emergency. Historically we all know or have heard from someone how this has happened and will happen in the future, and of considerable significance that this “assistance” can and does comprise of as it actually can include being DRAFTED into military service (suddenly you are no longer a 4F). This is why we have the privilege of all these frequencies that people with big deep pockets want real bad. This paper is all about these folks wanting our spectrum!

The reality is usually Amateur Radio Operators are the first to simply get in and go and help with the emergency and then wait to be asked later!

There is a provision under the ITU that is not enforced that covers any confidential or secret messaging interception via radio communications. This author for example has signed the act many times as an employment condition, however the first time was as a prerequisite of receiving my amateur radio service certificate and licence. (ref. ITU Radio Regulations Vol. 1 2016).



So with the above expressed, the ACMA has ask for ANY interested parties to provide comments on the issues set out in their paper. It is really straightforward honestly.



The options stated as being considered under the review:



Option A: keep the existing apparatus licensing arrangements and licence conditions.



Option B: simplify the current licensing arrangements and licence conditions by amending the amateur LCD.



Option C: transition to class licensing arrangements for non-assigned amateur stations. The operation of assigned amateur stations would continue to be authorised under apparatus licences.



The word De-regulation was used in the preamble so Option C is clearly their preferred option the others are for folks to spin their wheels thinking she’ll be right, the carrot of no more annual license fees sounds good to the individual that thinks only of their vested interests and looks no further maybe, however all of the consequences have not been spelled out and have not been identified in the present draft set of changes in the legislation.



Below here is just a few thoughts on consequences for you to think really hard about as this preferred proposal stands even if you know this stuff indulge this for those that don’t…



What is a class license? The CBRS is a class license (it is still called a service!). Know someone that own’s a CB on either chunk of spectrum or own one yourself and know of any issues with interference from other users let alone when you have a technical form of radio interference. How did sorting it go with the ACMA and what help did you receive from a Radio Inspector?



Next thing, all those wonderful frequencies that we are presently a Primary Service and not a Secondary Service? Well guess what! We will rate somewhere below the spotted owl and the Franklin River with a class license. And those frequencies where we are presently a Secondary Service, mostly we share those with important folks like the military, which is why the secrecy act should still be being signed by every new ham operator or at least you should be abiding to the legislative instrument.



Did you know with a class license the Minister can just change any and all conditions on a political whim..

Give the military all those secondary service frequencies we enjoy – no more WARC bands in a blink of an eye. Oh remember the military wants some of those more exotic high frequencies, Telstra wants everything the Military don’t want. Stiff cheddar it is theirs now.





The proposed content of the consultation draft class licence (the draft Radiocommunications (Amateur Radio Stations) Class Licence 2021).

The changes in the proposal to the legislation are incomplete, don’t provide references for all the sections proposed to be amended or impacted so in essence this is not a briefing proposal at all. How can you make an informed opinion with a lack of detail. I can tell you now the Australian military DO want the spectrum we have and we share with them to themselves and don’t they want to share. Otherwise they would be also be being included in this process as non assigned license class users for their conditions to be reviewed.



The development of an amateur operating procedures document to include non-binding recommendations for operation of amateur stations, removing binding conditions under options B and C.

Non binding recommendations means they can be ignored.



Whether a new type of accreditation should be created that allows the issue of frequency assignment certificates only for beacon or repeater licences.



Like the sound of this ? This makes taking the HF frequencies away real easy.



The qualifications that should be required from applicants for this kind of accreditation.

Frequency assignment is actually a very specialised engineering discipline.



Any other matters that are relevant to the establishment of such an amateur accreditation arrangement.

Potential long standing commercial conflicts of interest with entities that should be exempt from responding in confidential submissions, meetings and gatherings – high degree of transparency is needed.

Any comments, including alternative proposals, relating to the ACMA’s current policy on reciprocal arrangements for recognition of overseas qualified amateurs.



This and the next dot point are an opportunity to highlight ANY issues that need to be addressed by the ACMA and legislation. e.g. Compliance enforcement not being performed with respect to CTICK (Now EMC). Interference issues raised not being given resources and or not being resolved where the user is utilising a primary service. e.g. Federal government contractor operating over the horizon radar on our primary service allocations when there are clearly alternate spaces that could be utilised.

Any suggestions to further reduce regulatory burden on amateur licensees.

As with dot 7



Got this far it is time for you to start helping. Ultimately this is up to all of you that read this more so than I as I have a personal mitigation strategy already in place so I can continue to experiment and teach Radio Communications Sills to my students… Worth thinking about how I already have a strategy…..



All the best to you all



Ron Southworth

F INST MSCI E.ENG

VK4AGL, AXA260, AXA152,

S3. 4069.

 

[VK2RK]

ACMA failure in the duty of care of C Tick compliance.
In one of the posts from Ron, the mention of the C Tick was made.
Some may not be familiar with what this is here an explanation to what it is.
In summary a system to limit Electro Magnatic Interference from electrical/Electronic devices. called EMC (Electro Magnetic Compliance)


C tick Australia Requirements
To comply with the C-Tick requirements a supplier must:
Have their product tested to the relevant mandated standard and obtain an EMC Test Report.
Complete a Declaration of Conformity.
Collate Product information.
Create a Compliance Folder.
Apply to the ACMA for use of the C-Tick mark.

Around 2010 all electrical devices imported or manufactured had to have a certification requiring that the item/device would comply with EMR (Electro Magnetic Radiation) limits.
This requirement was enshrined in legislation into the radio and communication act, then referred to as the EMC

The intent was to control and limit devices that could create EMR to the disruption of other services.

The normal procedure was and still is, to have the item measured by an authorized laboratory that provided a certificate of compliance.
With this certificate a declaration with an application is made to the ACMA that then would issue a unique C Tick number for that piece of equipment, this then would be attached to items been sold of that type of unit.
Any changes to that device, required new certification and application for a new number, making maker and model traceable via the C Tick attached number.

How it was supposed to work was that any interference, ACMA would investigate, upon locating the offending item, the attached number provided traceability to the manufacturer/importer, then the laboratory certification would be examined and compliance tested for either a defect or an alteration to the original design. Any breach of the C Tick provision, by not having the appropriate certification or by selling into the market without compliance was and is now a breach of the act, the manufacturer/importer is required to mitigate and remedy the offending items, if not doing so the an offence was committed under the act and liable to prosecution.
This is how it was supposed to work.

Two issues here
1/ The declaration of conformity could be done with no requirement to provide ACMA the laboratory test data.
Only upon a complaint and pursuant investigation would be tested for compliance.

2/ No actual test by ACMA that the laboratory doing the test was authorised to do so (Meet the required standard)
When the ACMA staff levels and expertise existed the enforcement of compliance, worked reasonably well, not withstanding the onerous provision in the declaration that eventually would become open to abuse.

What we have today is a complete disregard by importers that import and sell into into the Australian market devices that create immense amounts of noise, from LED devices, TV sets, Battery chargers, plug packs etc.

Today ACMA will not investigate any complaints from the public, they will officially refer you to the importer/manufacturer. Even when you present them with the argument that in the legislation they are the enforcers, they refuse to take any action.
Happy to take the money and issue you a registered compliance number, nothing else thereafter.

Today there is many amateurs that are not able to operate in towns or suburbs of cities, due to the existing extremely high noise floor.

The ACMA has over time completely failed their duty, this could be due to financial constraints, never the less the failure exists, its up to the head of the department to argue with the responsible minister that the ACMA is not able to fulfil its obligation under the act.

In the end we as the spectrum users that pay money for the privilege, are been inconvenienced in the pursuit of the service activities.

Now aside from other consideration, presently the act offers at least protection in writing, under a class licence you have zero recourse or a mechanism to lodge a complaint.

Robert Campiciano
VK2RK