Writing to the regulator about amateur beacon and repeater licenses.
A few weeks ago I discovered that the regulations for amateur radio in Australia had some definitions that caused me to wonder if 2,312 amateurs in VK, me among them, had been operating illegally?
Specifically it appeared that using a WSPR or Weak Signal Propagation Reporter transmitter of any kind, both computer controlled and stand-alone beacons, was contrary to what was permitted in the rules, since in Australia an "amateur beacon station" means a station in the amateur service that is used principally for the purpose of identifying propagation conditions.
The rules go on to say that you must have a specific beacon license and not having one is not permitted.
I suggested that it was time to send a letter to the regulator, seeking clarification.
Well, let me tell you, that set a cat among the pigeons, not at the regulator, but within the amateur community. Between posting a draft of my proposed email to a local mailing list before sending it to the regulator, and publishing my article, I received responses that ranged from "let sleeping dogs lie", "you are now on their radar", "you will be prosecuted because you admitted to breaking the rules", "carry on and ignore the rules because I am", and plenty more in that same vein.
There were two amateurs that indicated curiosity about what the response might be while pointing out that none of this was legally binding since it hadn't been tested in court.
I also discussed the matter on my weekly net and I learnt that DMR hotspots come in a duplex version, meaning that what you transmit into the hotspot is also transmitted by the hotspot on RF whilst sending it to the Internet. If you've been paying attention, you'll notice that this fits the definition of an "amateur repeater station", which also requires a specific license.
I received a prompt reply from the Australian Communications and Media Authority, the ACMA, the Australian regulator. Here's what the regulator had to say in response to my query:
"I can confirm that you can continue to operate your WSPR beacon and Duplex Hotspot as described without requiring an Amateur Beacon or repeater licence."
It goes on the say:
"Operation of these types of amateur equipment is permitted under the current amateur non assigned arrangements and as such will continue to be permitted under the class licence arrangements."
As a result, if you've been listening to WSPR on 10m, you'll have discovered that my 10 dBm beacon went back on the air 45 minutes after receiving this information. The letter confirms that both WSPR and Duplex hotspots have previously been, and will continue to be, allowed under the new rules from the 19th of February 2024 when they come into effect.
The final paragraph from the regulator sets out the boundaries of where the rules apply. It says:
"The definitions in the Interpretation Determination are broad definitions of amateur repeaters and beacons. For the purposes of amateur licensing the ACMA only considers apparatus assigned licence services, where individual frequency coordination is carried out and specific licences are issued, to be amateur repeaters and beacons."
In my opinion this is significant because you only need to apply for a separate amateur beacon or repeater license in very specific circumstances related to frequency coordination. It makes me wonder if the local beacon operators require an ongoing license for all of their beacons or not.
What I learnt from this process is that there is a high level of fear in the amateur community towards the regulator. I do not know where this originates, since I've interacted with the regulator on dozens of occasions since obtaining my amateur license in 2010 and in every case the response was courteous and informative. When the response wasn't what I expected I replied asking for extra clarification and received it. This enquiry was no different.
Going back through decades of old publications I've previously seen letters between the community and the regulator and I have yet to see anything that warrants the level of fear that appears to permeate our community.
So, why are we afraid of the regulator and why do we keep spreading that fear to anyone within propagation range? What have they ever done to you?
I'm Onno VK6FLAB
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