The problem of unauthorised radio equipment

What can be done about the importation and operation of unauthorised and unsafe radio devices?

“The ACMA band plan is shot to bits because of illegal radios being imported at will and in great numbers and on illegal unlicensed frequencies,” said Bob Selby-Wood, group CEO and founder of Radio Industries International.

That’s the problem summed up in a nutshell. A flood of radio equipment, often of poor quality, not compliant with local regulations and requirements, and having the potential to cause all sorts of problems, from interference to electrical hazards.

“In general the equipment is not certified to Australian standards, which means there could be problems with poor quality and interference generated for other spectrum users. It also usually means that the radio programming is second rate (or non-existent), which means interference problems again,” said Ian Miller, ARCIA executive officer and proprietor of Orange Horizons communications consultancy.

“One of the main issues is lack of warranty or any form of proper maintenance facilities; plus, if there is electrical equipment such as battery chargers, they are most likely also not approved and could present a safety risk.”

The problem is exacerbated by the capacity for businesses and individuals to access products through the global market but which are designed for overseas jurisdictions and do not operate on Australian frequency bands. The emergence of online supply models has meant that there is greater scope for businesses and individuals to purchase products directly from overseas suppliers, or via local online markets or sales agents.

The regulator, the Australian Communications and Media Authority (ACMA), does not, however, maintain official statistical records regarding the number or quality of imported devices.

Regulatory requirements

According to an ACMA spokesperson, under equipment supply arrangements, Australian suppliers (ie, importers or manufacturers) are required to apply a compliance label to devices, including radios, before supplying the device to the Australian market.

Suppliers are also obliged to hold records that provide evidence of compliance with ACMA-mandated standards. It is an offence under the Radiocommunications Act 1992 for suppliers to supply such devices without labels or to label devices without holding the required technical test reports for the devices. In this regard, the spokesperson said, the labelling requirement is the regulatory lynch pin upon which the compliance regime rests.

While it is not illegal to import non-compliant products, it is illegal to supply or operate non-compliant products. The operation of non-compliant equipment contravenes radiocommunications licensing requirements.

“If done legally, these devices must be approved by a government-approved testing laboratory and these devices must meet the specifications as laid down by the government,” said Selby-Wood. “At this point it seems that the only people that do this legally are the true radiocommunications importers and distributors who do everything by the book. If they did not the ACMA would put them out of business.

“But the private individual and the companies that want cheap radios just bring them in via eBay without any checks being done on either the importation or usage of these illegal devices on illegal unlicensed frequencies,” he added.

The ACMA spokesperson told Critical Comms that Australian regulatory arrangements do not prohibit importation of ‘grey’ product provided the supplier has met its compliance obligations, ie, to label the product. The regulatory arrangements are not designed to address intellectual property issues that may be associated with grey importing.

Practically, the greatest risk is interference to licensed services from devices which are not intended or designed to operate in Australian frequency bands. This could result in an end user transmitting on an unlicensed frequency causing interference to a licensed service, operating unlawfully or paying for a product that they cannot legally use.

So what is the solution?

“It really needs a concerted effort to bring in an education campaign to get people to realise that it is not good for our economy or the spectrum,” said Miller. “Something we should do is try to get to the IT industry, especially the smaller suppliers and ‘computer shops’ who try to solve communications problems outside of their knowledge area.

“Apparently the ACMA has recently stumbled across a couple of these types of organisations who were buying radios off the web and selling them to their customers,” added Miller. “But they thought it was like Wi-Fi and you just plugged it in and it worked — they had no idea about the need for actual licensed channels, or the risks involved for other users like public safety agencies through interference.”

The ACMA agrees, the spokesperson saying that it has developed information encouraging consumers to seek information before purchasing a product. Last year it produced an infographic for the public: acma.gov.au/Citizen/Consumer-info/All-about-spectrum/High-risk-devices/the-real-deal-or-a-dodgy-device.

“The radio industry can educate its customers about the need to obtain apparatus licences for certain types of radios and the importance of buying labelled goods that comply with Australian regulations,” said the ACMA spokesperson.

Selby-Wood, and many others, would like more action. “The whole importation of illegal radios on illegal frequencies is out of control,” he said. “The government must make importation of radiocommunications equipment illegal unless you are an authorised importer of these products.”

“Without government intervention by putting import restrictions in place (you will probably win Lotto before that happens) there isn’t much else; education is probably the only thing that might help,” added Miller. “I think bodies such as eBay and some of the other selling websites do have warnings about illegal use of equipment and tell people they must have a licence, but without any real attempts to police the issue it is going to continue and probably get worse.”

According to the ACMA spokesperson, the regulator takes a risk-based approach to compliance. In addition to its standing policy of taking compliance and enforcement action against certain high-risk devices, such as those which cause interference to broadcast signals or mobile telephone networks, the ACMA focuses on several risk-assessed areas each financial year. For a list of current ‘priority compliance areas’, see acma.gov.au/Industry/Suppliers/Product-supply-and-compliance/Supplier-resources/priority-compliance-areas.

Graphic courtesy of the ACMA.