No jam today

The Australian Communications & Media Authority (ACMA) is proposing to continue to prohibit the supply, possession and operation of jamming devices designed to deliberately interfere with public mobile telecommunication services (PMTS), including 3G networks and equivalent services such as mobile WiMAX.

ACMA Chair Chris Chapman commented that -

ACMA acknowledges the unanimous support for the continuation of a ban on mobile phone jammers. In developing this proposal, we also noted the strong support in the community for regulatory arrangements that protect mobile telecommunications services from unwanted and potentially harmful interference, and safeguard the community’s access to Triple Zero emergency call services.

Since the original prohibition was made in March 1999, technological, economic and social developments have resulted in a proliferation of devices that consumers use for the purposes of wireless communications. Mobile networks now offer ubiquitous broadband access, in addition to traditional voice services, and there is a growing reliance on mobile connectivity for personal and business transactions. These changes make the case for continuing a ban even more compelling, and this is reflected in the new, updated prohibition proposal.

ACMA's proposed PMTS Jammer Prohibition comes under the Radiocommunications Act 1992 (Cth). It follows a review of the current regime, which noted several areas of contention -

+ not all frequency bands used by mobile phones are included in the Mobile Phone Jammer Prohibition.
+ potential for the Prohibition to capture devices that were not envisaged when it was made given the lack of an express definition of a ‘mobile phone jammer’.
+ emergence of more sophisticated jamming technology capable of targeting specific frequencies, known as ‘smart’ jammers.
+ increasing use of mobile phone jammers to carry out criminal activities.
+ emergence of legitimate uses for mobile phone jammers in the public interest.
+ increasing need for testing and trialling of prohibited devices for legitimate purposes.
+ establishment of standards relating to electromagnetic emissions (EME) and human health

The rationale for the jamming ban is identified in the schedule to the Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2010 -

1. The operation or supply of a PMTS jamming device, and the possession of a PMTS jamming device for the purpose of its operation or supply, is prohibited for the reasons set out below.
2. PMTS jamming devices can be used to block, or otherwise interfere with, radio emissions between a mobile station (for example, a mobile handset) and a base station. Consequently, a PMTS jamming device can be used to prevent mobile stations from sending or receiving voice and data traffic to or from a telecommunications network. The interference generated by a PMTS jamming device can also affect the quality, reliability and coverage of a public mobile telecommunications service.
3. Businesses and individuals increasingly rely on public mobile telecommunications services for the delivery of voice telephony and data. Preventing or otherwise disrupting the supply of those services has the potential to adversely affect the public on a large scale, for example, by preventing access to emergency call services, or through loss of business or by causing inconvenience to mobile phone users.
4. A PMTS jamming device may also disrupt radiocommunications that use frequency bands other than those used for the supply of a public mobile telecommunications service. Consequently, the use of a PMTS jamming device may adversely affect the delivery of other licensed radiocommunications.
5. High powered PMTS jamming devices may emit radiation at levels that exceed that permitted under the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003. This has implications for public safety, especially in confined areas, such as cafes or restaurants.
6. In light of the disruptive nature of PMTS jamming devices, there are few legitimate uses for such devices. Such devices are also at risk of being used in connection with criminal or terrorist activities. For these reasons also, the supply of such devices should be prohibited.

The Act allows for the personnel of particular defence, law enforcement and emergency services agencies to be exempted from specific requirements of the Act.