WT Act
Introduction
A modern economy relies heavily on its communications infrastructure, of which radio services play an important role. Radio spectrum is the backbone for a wide range of activities in sectors including telecommunications, broadcasting, transport, defence, public security, emergency services, research and development, scientific services and hobbies/leisure uses.
The current wireless telegraphy legislation dates from 1926. Although various amendments have been made to the act in the intervening period the basis of the legislative framework for radiocommunications and for managing the radio spectrum is based on conditions and principles that existed in 1926. In the meantime the environment in which the legislation is expected to be applied has changed considerably and further substantial changes are envisaged in the foreseeable future.
The Existing Act
The existing act was developed at a time when the use of radio was in its infancy and the social environment was one of tight control by the State. Equipment was designed for a particular application and as it was large and bulky, it was normally installed in fixed installations. The types of applications were limited and consisted mainly of maritime communications, Broadcasting (sound), single channel shortwave links for transoceanic communications and radio experimenters (amateurs). Indeed, with the exception of broadcasting, the primary mode of radio communications was Morse code.
The current Wireless Telegraphy Act, 1926, focusing on licensing and enforcement and makes little or no reference to the development of radio spectrum policy.
The approach to licensing was based on the concept of the ownership and use of Wireless Telegraphy apparatus often at a specified location. Likewise its approach to compliance was very "black and white". Anything that was not in accordance with a licence was a criminal offence and no distinction was made between a minor breach of the licensing conditions and operating without a licence.
As a consequence of the considerable developments and changes in the whole area of radiocommunications and use of the radio spectrum, since the current act was enacted in 1926 and in particular the technology development and regulatory liberalisation that have occurred over the last two decades or so, the current act is beginning to show its age. It could be said to be reaching its "use by date".
Due to the increasing availability and the diversity of devices that radiocommunications equipment, can be built into, a licensing system based solely on the ownership or use of apparatus for Wireless Telegraphy will, with the progression of time, become more difficult to manage and enforce. Furthermore the main economic beneficiaries of the radio spectrum, particularly in the telecommunications sector, will have a limited amount of apparatus for wireless telegraphy relative to that in use in the sector.
As a consequence of these changes and the need to ensure that legislation is updated and appropriate for twenty first century, the Department is undertaking an in-depth review of the 1926 Wireless Telegraphy Act.
At the commencement of the review in 2001 the Department sought comments on the existing legislation and the need for changes. 35 responses were received and these are being considered within the review.