ACBRO Team Inc (CB Radio)
Australian Association Of Citizens
And Band Radio Operators Inc 1980

CB Licence Variation

"NO" MEANS "NO"

ACBRO Home Page

UPDATES TO THIS ISSUE ARE RECORDED BELOW THE ARTICLE

SEPTEMBER 1st 2000

INTRODUCTION

It overwhelms me as to the arrogance, lack of respect and consideration that the Australian Communications Authority (ACA) have for the majority of the Australian Citizen's Band (CB) Radio fraternity. It appears that the ACA have a lack of regard for the expressed concerns by the CB fraternity with regards to the Citizen's Band Radio Service (CBRS) in Australia. Throughout 1996 and 1997, the ACA sought to introduce legislation that would see an introduction to a Continuous Tone Coded Squelch System (CTCSS) as well as a Telemetry and Telecommand System on the CBRS. 

82% of Australia's CBers

had opposed the ACA's proposal. The ACA then dropped the matter and nothing more was heard about it from them. However, a few years later, (now) the ACA are once again, attempting to introduce legislation to implement these systems on the CBRS.

Definitions

CTCSS: The system relies on receiving a sub-audible tone that opens up a radio's mute. When the radio is not in transmit mode it remains muted until it hears a transmission containing the same sub-audible tone. It operates similarly to SELCAL with one major difference. A CTCSS will allow users to occupy a frequency in a "private mode," so that other users will be precluded from that frequency as the user's of the CTCSS have in effect commandeered a frequency for as long as they wish. (For a more detailed description click on to
THE AUSTRALIAN CITIZENS BAND RADIO FILES and a seperate window will open. (Thanks Roger & Margaret.)

Telemetry and Telecommand System: This is a system that allows users to remotely control the operation and function of various types of equipment and machinery such as water pumps, electric fences or tabulating other data as may be required.

Opposition

At that time, the ACA were seeking comments from the CB fraternity on these issues by issuing a discussion paper from which submissions could be made to the ACA. Over 80% of Australia's CBers had opposed the ACA's proposal to introduce the CTCSS and the Telemetry and Telecommand System. I will repeat,

82% of Australia's CBers

had opposed the ACA's proposal.  An introduction to these systems to the CBRS and in particular to the UHF band would result in radios having to be modified or altered to enable those radios with the capabilities to utilise both systems. The implications of this are:

1. Channels will be taken away for the exclusive use of those with the capabilities of utilising these systems. In effect the CTCSS would provide a "private" channel for two people communicating with each other at which point it ceases to become  a free channel for all to use.

2. Business on UHF who claim an exclusive right to the use of channels for business purposes would be permitted to operate with these systems freely and would result in a greater conflict and antagonistic behaviour being displayed between them and the "ordinary" CBer, who currently is being frustrated at the attitude of businesses in commandeering channels all day for business purposes.

3. There would be an increase in interference problems as a result of the mode of operation of both systems. In particular, if a business is using a Telemetry and Telecommand System it would generate interference to nearby radio stations. If CTCSS were being used, the interference that would generate to nearby radio stations would only serve to frustrate the users of those radios without any recourse.

4. The morons, the hoons and all the idiots would have a field day with theses systems causing mayhem and deliberate attempts to block and frustrate communications between sensible radio operators. 

5. The CBRS service will be lost to the intention it was originally established for. Did we not fight for this voice only public communications service? It appears that these issues will be the beginning of the end of the CBRS as we have come to know it for more than 23 years. How long before part of the CBRS service will be used for other modes of transmission? How long before we are left with a service that will be utilised for everything else other than for what it had intended to be, for voice communications only?

6. Many years ago, without much public consultancy, the use of "Selcall" was introduced on UHF. But, could anyone ever have envisaged how the Selcall tones would be abused in their use to the detriment of other regular users? The CBer is not prepared to slowly have channels taken over for specialised use. With repeaters eroding into the forty channel allocation and other channels of necessity being required for calling and emergency applications, do the CBers wish to have more channels taken over for use of the minority for self-serving purposes? NO! The introduction of these systems will open the "flood gate" to other selfish and inconsiderate parties who will lobby for other types of non-voice communications to be established on the CBRS.

7. ACBRO say that if the ACA want to introduce the CTCSS and Telemetry and Telecommand System, then let them introduce it on channels below or above the CBRS. The CBRS is for voice communications only, that is the purpose it was originally designed for. If introduced on the CBRS we can all say goodbye to the service as we have come to know it.

Furthermore:

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would be of any benefit to the MAJORITY of users of the CBRS who have no need or desire to utilise these systems other than a select few who are the MINORITY users of the service..

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would
preserve the integrity of the CBRS as it would only serve to further the frustration of users who are currently dealing with many problems and issue's on the CBRS that inhibit or limit the enjoyment of the service to the MAJORITY of users.

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would eliminate the perceived problems by accommodating for legislation to overcome those problems. As an example, after selcall was introduced, the problems and issue's arising from its introduction still exist today and there has never been any legislation introduced to effectively resolve those problems and issue's.

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would result in the correct implementation and use by users who would seek to use these systems to the detriment of others. History has shown us that there are those users who will always take the challenge of disrupting the CBRS by what ever means possible. These systems would only serve to further their self-serving purposes.

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would result in a function of normal "growth" for the MAJORITY of CB users but would only serve in a function of normal "growth" for the MINORITY or select few who desire to see such systems in place for self-serving purposes.

ACBRO DO NOT AGREE that an introduction of these systems to the CBRS would result in a minimal usage of these systems by the business community. The number of businesses using the CBRS for business purposes and claiming the right to commandeer a channel has steadily been growing, year after year. These systems, if they were in place, would only strengthen their resolve to maintain their stance on the CBRS and would invariably see more businesses finding these systems as an opportunity and a "doorway" to initiate and conduct their affairs on the CBRS.

Also,

The ACA implies that CTCSS and selcall are "similar." This is a misleading statement as the word "similar" is a general, broad term that does not accurately reflect that there are differences between CTCSS and selcall that are of major consequence.

The ACA also has "downplayed" the effect that Telemetry and Telecommand systems would have in urban areas. Telemetry and Telecommand Systems would only serve to create yet another form of interference to nearby stations.

The ACA state there are currently users that exist who operate CTCSS or the Telementry and Telecommand system. ACBRO say that the ACA should give consideration to investigating these users with a view to exercising their right to prosecute them for the unauthorised use of these systems.

It appears that those that have expressed a desire to have these systems in place are in the MINORITY of users of the CBRS such as business people, farmers and the like who do not represent the MAJORITY of users of the CBRS, who for self-serving purposes have whispered in the ears of the ACA that they "want these systems" in place.

Conclusion

Let me repeat that,

82% of Australia's CBers

had opposed the ACA's proposal. Who is the ACA listening to? Australian CBers overwhelmingly, have said "no" to ACA's proposal. Definition of "no" as defined by the Concise Macquarie Dictionary:

no /nou/, adv., n. 1. a word used: a. to express dissent, denial, or refusal, as in response (opposed to yes). b. to emphasise a previous negative or qualify a previous statement. 2. not in any degree; not at all (used with a comparative). 3. not.

"NO" Means "NO!" What part of the word "NO" don't the ACA understand? Do the ACA think CBers are fools? Do the ACA think they only need to pander to the selected and minority few? Do the ACA think CBers have short memories? Have the ACA forgotten that 82% of Australia's CBers had initially opposed the ACA's proposal? Are the ACA aware that the word "NO" Means "NO?"

I repeat:

82% of Australia's CBers

had opposed the ACA's proposal?

Action

The ACA is seeking, once again, comments about the proposed variation of the Citizen Band Radio Stations Class Licence with regards to the CTCSS and the Telemetry and Telecommand System. The draft legislation may be obtained via a package containing a copy of the existing class licence, the proposed class licence and background about the proposed changes and available by writing to:

Ms Carmen Cecere
Radiocommunications Licensing Policy Team
Radiofrequency Planning Group
Australian Communications Authority
PO Box 78
BELCONNEN ACT 2616

Telephone: (02) 6256 5279
Facsimile:   (02) 6256 5256
E-mail:      
carmen.cecere@aca.gov.au

ACBRO is calling for all in the CB fraternity to unite once again against ACA's proposal. It is important to note that a non-response to this issue will enable the authorities to assume that a "no care" attitude exists and your inaction will indicate no objection to the proposal. To oppose the introduction of the CTCSS and the Telemetry and Telecommand System consider putting into action the following:

1. 

Lodge an opposition to the proposed legalisation of the CTCSS and the Telemetry and Telecommand System on the CBRS in writing and addressed to:

The Manager
RadioCommunications Licensing Policy Team
Radiofrequency Planning Group
Australian Communications Authority
PO Box 78
BELCONNEN ACT 2616

2. 

(Email Option)
If you prefer to submit a pre-written form objecting to the proposed introduction of CTCSS and Telementry and Telecommand Systems on the CBRS then click here and a new window will open. Print out (approx. 2 pages,) fill in and post the form to the above address or copy and paste the form into your email program and email it to Radiocommunications.Licensing.Policy@aca.gov.au with the subject heading of "CBRS Class Licence Discussion." (Don't forget to fill in your details at the bottom of the pre-written objection form.)

3.

Forward this page to everyone you know and any other interested parties

4.

Print this page out and distribute it among your friends and Club members. (Approx. 4 pages depending on your printer settings.)

5.

Let your member of Parliament know about this issue and lodge an opposition with him/her.

Your representation on this matter must be made before the deadline of October 30th 2000.

Thank You.
Pas, ACBRO 26.
(Personal Viewpoint in Part)

UPDATES

DECEMBER 4th 2000

Comments and submissions on the Discussion Paper circulated by the ACA to propose an introduction to a Continuos Tone Coded Squelch System as well as a Telemetry and Telecommand System on the CBRS closed on October 30th 2000. The outcome of public submissions made to the ACA regarding this proposal is as follows.


Regarding the introduction of CTCSS on UHF:
Against        94%
For               6%

Regarding the introduction of Telemetry & Telecommad systems on UHF:
Against       87%
For            13%

ACBRO thank not only its own supporters of the issue, but all those that made submissions to the ACA in their own right. Below is what the issue was all about.

DECEMBER 28th 2000

The Australian Communications Authority (ACA) has announced changes that update the Citizen Band Radio Stations class licence. These will allow for the introduction of new types of communications including the use of ALL selective calling techniques including Continuous Tone Coded Squelch Systems (CTCSS) and Telemetry and Telecommand systems on channels 22 and 23.

ACA Chairman Tony Shaw said he expected some CB operators to disagree with the decision.
"However, the ACA believes the benefits of the changes far outweigh the view of some operators that the status quo be maintained," Mr Shaw said.

CTCSS and Telemetry and Telecommand systems on UHF are now legal.

FEBRUARY 3rd 2001

ACBRO have formerly lodged a complaint to the Commonwealth Ombudsman against the ACA, to protest and appeal the ACA's decision to introduce Continuous Tone Coded Squelch Systems and Telemetry and Telecommand Systems to the CBRS in view of the overwhelming opposition that has been expressed by the CB fraternity against their introduction. The RADIOCOMMUNICATIONS ACT 1992, Part 3.4-Class licences, Division 1-General, SECTION 136, refers to the ACA's obligation that before varying a class licence, and after it has invited interested persons to make representations about the proposed variation, the ACA must, before varying the licence, give due consideration to any representations so made.

The ACA did not give due consideration to any representations so made because the proposal is now a legal regulation of the CBRS Class Licence System against the results of these representations being 94% opposing CTCSS and 87% opposing T&T. The basis of the complaint to the Ombudsman is to charge the ACA with ineffective administration on the grounds of not complying with the relevant section of the Act.
MARCH 8th 2001

Here is the reply received by many from the Commonwealth Ombudsman's Office with regards to the formal complaint that ACBRO and others had lodged with the office pertaining to the objection of the introduction of Continuous Tone Coded Squelch Systems (CTCSS) and Telemetry and Telecommand systems on the Citizen's Band Radio Service (CBRS.)

Edited and quoted, it is as follows:

In this particular matter, I have examined the relevant legislation and the requirements laid down therein, the ACA's policy in respect of Citizen Band Radio Stations and the ACA's considerations in respect of the representations made following the notice of the proposed variation.

I do not consider that the ACA's actions in this matter are defective. The ACA fulfilled its obligations under S136 of the Radiocommunications Act 1992 and indeed allowed additional time for comment than formally required. In respect of the introduction of CTCSS, I note that the ACA, in response to potential interference problems which is the major criticism of this variation, has requested Standards Australia to modify the UHF CBRS equipment standard in order for the ACA to mandate the fitment of a 'channel busy light' and a selective calling disabling switch. This would mean that the potential for interference would come down to operating practice as was the situation before the use of CTCSS was authorised.

As regards the exclusive allocation ot channels 22 and 23 to telemetry and telecommand systems, I note that all CB licensees will have access to this facility. I also note that whilst this change will have some impact on the availability of channels to voice users, the ACA considers that this would not be significant and at the same time, it will provide a cost-effective solution for telemetry/telecommand functionality, previously unavailable.

In summary, my view is that the ACA's decision was one which it was reasonably open to make in the circumstances. Therefore, I have no credible grounds on which I could recommend to the ACA that it reverse its decision.

Yours sincerely
Doug Field
Senior Investigations Officer
Commonwealth Ombudsman's Office
 
MARCH 13th 2001

The following letter to The Manager, Mr Alan Jordan, of the Radiocommunications Licensing Policy Team Radiofrequency Planning Group at the Australian Communications Authority echoes the thoughts and opinions of the majority of the CB Radio fraternity who had opposed the introduction of Continuous Tone Coded Squelch Systems (CTCSS) and Telemetry and Telecommand systems on the Citizen's Band Radio Service (CBRS.)

Dear Mr. Alan Jordan,

It has been with much disappointment that ACBRO and indeed, most of the Citizen’s Band Radio Service fraternity, have learned of the ACA’s amendment to the CBRS Class Licence System to allow for the introduction of CTCSS and Telemetry and Telecommand systems on the Citizens Band UHF service.

ACBRO express its bewilderment as a result of the ACA’s "call for comments" on the issue which had seen 94% and 87% of respondents express an opposition to CTCSS and Telemetry and Telecommand systems, respectively.

In maintaining its stance on its decision the ACA have stated the following among other statements:

a. ".... the ACA believes the benefits of the changes far outweigh the view of some operators that the status quo be maintained,"

b. "We expect that the inclusion of telemetry and telecommand will make life easier for many people, particularly for farmers,"

c. "...it allows people to communicate with each other efficiently,"

d. "The changes to the CBRS class licence reflect the Government's policy to minimise, wherever possible, the burden of regulation in the community and to improve the cost effectiveness of administration. They also recognise growing opportunities for radio applications, whilst maintaining efficient use of valuable spectrum,"

ACBRO consider that these statements are generalised and broad in nature without qualifying in a specific manner or addressing the issues with regards to the overwhelming majority that opposed the decision to introduce these systems.

It is also interesting to note Mr. Shaw's comment, from your Department, that, "...the benefits of the changes far outweighed the view of some operators that the status quo be maintained."

The "some operators" that are being referred to are the overwhelming majority of those that responded against the introduction of these systems.

The ACA has stated that it will introduce an amendment to the CBRS Class Licence system to allow for a type of "channel busy" warning light or other similar device to take into consideration the concerns that some have expressed about the lack of co-operation that may exist by CTCSS users against non-CTCSS users with regards to channel usage. It appears this is the ACA’s answer to those concerns.

Mr. Jordan, and with due respects, you must be aware that while this concept may be fine in principle, it certainly would not be practical. The "real world" on the CBRS service will see most CTCSS users ignoring such "warning devices," (as they do now) which would only serve to perpetuate the continuing animosity with CTCSS and non-CTCSS users.

While this idea is fine in principle, I would suggest to you Mr. Jordan, that you would be aware that such a concept would have a minimal impact on establishing an "etiquette" on the CBRS that would be conducive to all operators. I respect your knowledge about the CBRS "in the real world," to understand that you would be aware of this.

A letter from from your good self, in a response to Martin Howells from The Australian Citizens Radio Emergency Monitors - NSW, who had an objection to the ACA's disregard in the numbers opposing the changes to the CBRS Class Licence by the introduction of CTCSS and Telemetry and Telecommand Systems to the CBRS UHF Band, had you comment,

"........I would like to start by assuring you that the ACA's decision to amend the CBRS Class Licence did take into account all the comments received. However, given that most of those objecting used form letters, it was the validity of the comments, rather than the pure numbers, that was given weight in our consideration. Consultation considers 'ideas' and it is not a necessarily 'a majority rules' process. The ACA considers the benefits of the change far outweigh the view that the status quo should be maintained...."

If consultation considers "ideas" only, then what about the idea that the majority of the CB fraternity that replied during the consultation period, DID NOT want the introduction of CTCSS and Telemetry and Telecommand Systems in the first place.

If the CB fraternity are opposed to such systems being introduced, then if not during the consultation period, when are the fraternity able to object? Obviously it would be natural to assume that an objection would be appropriate during such a consultation period.

Although comments were considered, the ACA had upon its consideration, ignored them. Considering a situation and then ignoring it are not the same.

With regards to the statement,

"The ACA considers the benefits of the change far outweigh the view that the status quo should be maintained...."

It appears that the ACA are of the opinion that it knows what is best for the majority of CB fraternity rather than allowing the CB fraternity to be the judge, after all, it is the CB fraternity who would be affected by any decisions made by the ACA in relation to the CBRS. For the ACA, life "simply goes on."

Furthermore, you state,

"....it was the validity of the comments, rather than the pure numbers, that was given weight in our consideration."

This can be likened to saying that because 1% of people have a valid comment to make on an issue that are "for" the issue, then the other 99% who have opposed it by simply stating a "no" objection to it, should be ignored. This is not a fair and justified way of giving consideration to the expressed stance of the majority.

It may have always been the intention of the ACA to simply seek "ideas," during the consultation period, about the proposal to introduce CTCSS and Telemetry and Telecommand Systems to the CBRS. But, the consultation period provided for an opportunity for the CB fraternity to express their opposition against the introduction of such systems IN THE FIRST PLACE. And this is the point and will always remain the "bottom line" in the issue with regards to the consultation period.

How else and in what manner are the CB fraternity supposed to oppose any proposed changes by the ACA to the CBRS if not during a consultation period that proposes to introduce such changes?

ACBRO realize, as do the CB fraternity, that CTCSS and Telemetry & Telecommand systems may be here to stay and with this in mind ACBRO anticipate that there will be some adjustment necessary for some CB Radio Operators to aquaint themselves with the new changes.

It is to this end that ACBRO will at some point in the future embark on a program to educate CTCSS users on the proper etiquitte of operating a CTCSS capable radio. This is because many believe that CTCSS will provide them with the ability to arrogantly commandeer and claim exclusive rights to any channel as some business operators have and continue to do so.

It is hoped that during this program, the ACA will be of assistance to ACBRO in any way that ACBRO deems in order to fulfill its objective of educating CTCSS users.

Mr Jordan, the question on everyone's lips at the moment is,

"How soon will it be before the ACA introduce and regulate for Packet Radio on the CBRS?"

Kind Regards to you and your staff,

Pas,
ACBRO 26,
Vice-President,
Australian Association of Citizens and Band Radio Operators

This now settles the matter.....for the moment.....