Review of regulation for in-home powerline telecommunications (PLT) devicesConsultation paperFEBRUARY 2016

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Purpose

ConsultationMaking a submission 2Effective consultation 2Publication of submissions 2Release of submissions where authorised or required by law 2Privacy 3

BackgroundPower line telecommunications (PLT) technology 4In-home PLT 4Australian regulation of electromagnetic compatibility (EMC) 5International experience 8

Discussion of issuesTechnical interference 10Consumer awareness risk 13

Regulatory optionsIdentified options for PLT regulation 15Review of the Radiocommunications Act 1992 16

Summary of questions

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Purpose

The purpose of this paper is to identify issues relevant to the development of regulatory arrangements for the supply and operation of in-home powerline telecommunications (PLT) devices. The paper has been developed in response to a recent international standardisation activity in relation to in-home PLT devices, and concerns regarding the compliance requirements in Australia for such devices.

In undertaking this review of in-home PLT regulation, the ACMA aims to ensure that:1. regulatory arrangements continue to minimise the risk of interference for

radiocommunications services2. regulatory requirements for the supply of in-home PLT devices take into account

emerging risks associated with the use of modern PLT devices, especially in relation to superfast broadband carriage services

3. Australian requirements are consistent with overseas jurisdictions and do not impose unnecessary financial or administrative burdens on Australian suppliers of in-home PLT devices.

Interested parties are invited to comment on the issues and questions identified in this paper. The responses to this discussion paper will assist the ACMA in formulating an appropriate long-term strategy for the regulation of PLT devices that best meets Australia’s current and emerging communications environment. It is the ACMA’s intention to finalise its regulatory strategy for in-home PLT devices by June 2016. To assist consideration of the issues, a workshop will be held in the ACMA’s Sydney offices on Tuesday 8 March 2016.

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Consultation

Making a submissionThe ACMA welcomes submissions on this discussion paper. Submissions should be made:

By email: powerline.telecommunications@acma.gov.au

By mail: Australian Communications and Media AuthorityTechnical Regulation Development SectionPO Box 13112Law CourtsMelbourne Vic 8010

The closing date for submissions is COB, Friday 15 April 2016.

Submissions should also identify:> the name of the party making the submission> the organisation represented (if applicable) > contact details, including telephone, postal address and email address.

Please direct any enquiries to Cuong Nguyen, telephone 03 9963 6853 or email cuong.nguyen@acma.gov.au or Patrick Emery, telephone 03 9963 6874 or email patrick.emery@acma.gov.au

Effective consultation The ACMA encourages the participation of its stakeholders in the consultation processes, as they are an important resource for its regulatory development activities. To assist stakeholders in formulating submissions to its formal written consultation processes, it has developed Effective consultation: The ACMA's guide to making a submission. This guide provides information about the ACMA’s formal written public consultation processes and practical guidance on how to make a submission.

Publication of submissions In general, the ACMA publishes all submissions it receives. The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by lawAny submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth Government agencies under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary

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processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

PrivacyThe Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:> contribute to the transparency of the consultation process by clarifying, where

appropriate, whose views are represented by a submission > enable the ACMA to contact submitters where follow-up is required or to notify

them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available on our website. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

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BackgroundPower line telecommunications (PLT) technology Power line telecommunications technology (PLT—also referred to as broadband over power line, or BPL) is a technology that uses existing electricity power lines as a medium for the transmission of broadband data. There are two main categories of PLT:> access PLT—uses the power distribution network operated and owned by the

power service provider as a means of delivering broadband to and from premises> in-home PLT—uses the electrical mains wiring within a premises to carry

broadband signals. The electrical sockets (that is, power-points) typically provide the access points to the broadband signal.

This consultation paper focuses specifically on in-home PLT devices.

In-home PLTFigure 1: An example of how in-home PLT devices are typically used

The ability to use universally available electrical mains wiring already installed within a home or building makes PLT an appealing and viable alternative to other transmission mediums such as Ethernet cabling and Wi-Fi. The ability to use existing electrical mains wiring for the transmission of broadband signals is often promoted as being both more cost effective than having to install dedicated communications cabling as well as providing a simple solution that can overcome instances where the reception of Wi-Fi signals is problematic.

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In-home PLT devices may be purchased directly by end-users from retail outlets, to be used in connection with an existing broadband service, or supplied by retail carriage service providers (CSPs) as part of a product package or as a means of extending a CSP’s signal in an end-user’s premises. For example, pay TV and broadband product packages may include an option for end-users to purchase PLT devices to distribute the pay TV or broadband service to another room within the home without the need for any additional wiring. PLT device suppliers are increasingly marketing in-home PLT devices as either a surrogate to in-home Wi-Fi, or to manage Wi-Fi ‘black spots’ within an end-user’s premises.

Australian regulation of electromagnetic compatibility (EMC)The supply and operation of PLT devices is largely managed under the ACMA’s EMC requirements.1 The ACMA’s EMC regulatory arrangements aim to minimise the risk of interference to radiocommunications services caused by non-intentional emitting devices.

Under these EMC arrangements, Australian importers and manufacturers (or their authorised agents) are required to ensure that non-intentional emitting devices comply with an applicable EMC technical standard adopted by the ACMA. The device must also be labelled with the Regulatory Compliance Mark (RCM) and the supplier of the device must hold the appropriate documentation to confirm the device’s compliance with the applicable technical standard, for example, a test report.

The ACMA publishes a list of national and international standards on its website that are accepted and can be used by suppliers to demonstrate compliance with the EMC arrangements. A supplier is required to choose a standard from the list that is most relevant to its device. Typically this will be a product-specific standard. Where there is no relevant product standard, the supplier has the option of being able to comply with one of the listed generic standards.

Some PLT devices have additional Wi-Fi capability. In these instances, the device would also be required to comply with additional ACMA radiocommunications and electromagnetic energy (EME) requirements.

Current Australian EMC requirements for PLT devicesBecause there is currently no product standard listed in the ACMA arrangements for in-home PLT devices, CISPR 22 is the applicable EMC standard for such devices.2 The ACMA requirements (that is, compliance with CISPR 22) have not changed since implementation of the EMC Labelling Notice in 2008.

CISPR 22 contains both the limits and methodology for measuring radiated and conducted emissions for information technology equipment. The limits specified in CISPR 22 are segregated into two categories depending on intended use: Class A (industrial) and Class B (domestic). Under current Australian requirements, in-home PLT devices are required to comply with the Class B requirements of CISPR 22. Under CISPR 22, the device is be tested in a manner consistent with its typical application (that is, normal mode of operation). For a PLT device, this means that both the telecommunications port and the mains port should be tested in ‘active’ mode.

PLT-specific requirements (CISPR I/257)

1 In-home PLT devices are also subject to State and Territory electrical safety requirements. However, these requirements are not subject of this paper.

2 The Comité International Spécial des Perturbations Radioélectriques (CISPR) or in English the International Special Committee on Radio Interference is an international standards development organisation that principally develops standards to provide protection of radio reception from interference sources such as electrical and electronic devices.

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The development of specific EMC requirements for in-home PLT technology has been a highly contentious issue in international standards forums (including CISPR) for over 10 years. The debates in international fora have mirrored debates amongst EMC and radiocommunications experts regarding the interference potential of both access and in-home PLT (predominantly the former).

In 2005, CISPR formed a working committee to work exclusively on a suitable amendment to CISPR 22 that would specifically accommodate the technical characteristics of PLT devices. In particular, the working committee produced a document (CISPR I/257) that contained specific requirements that would apply to PLT devices. While CISPR I/257 applied the same limits as CISPR 22, the documented treated the mains and telecommunications ports separately. This was because the device was categorised as a ‘telecommunications device’ and not a ‘mains device’—allowing the mains port to be tested while the device was not in transmitting mode (that is, in ‘idle mode’).

Despite its extensive work over many years, the working committee was unsuccessful in reaching agreement on a suitable amendment to CISPR 22. However, the working committee did succeed in the release of CISPR I/257 to CISPR National Committee (NC) members in 2008 for comment. The comments by NC members did however indicate that there was insufficient support for the approach specified in the CISPR/I/257 document. Only six out of 22 NC members supported the document, while eight (including Australia) strongly opposed the document. Four NC members did not oppose the document and the remainder suggested various changes.

Australia, through Standards Australia technical committee TE–003 (responsible for developing and coordinating Australian input into CISPR), has consistently opposed the inclusion of PLT-specific requirements in CISPR 22. The ACMA is aware that some Australian PLT suppliers have elected to comply with the requirements of CISPR I/257 despite it never having been adopted by CISPR nor otherwise recognised by the ACMA.

CENELEC EN50561–1 CENELEC is a European standards development organisation that develops standards in the electro-technical engineering field. CENELEC is designated as a European Standards Organisation by the European Commission.

As a result of the unsuccessful attempt by CISPR to amend CISPR 22 to introduce specific (lower) limits for PLT equipment, CENELEC developed its own alternative standard for PLT equipment—EN50561–1. The ACMA understands that the CISPR I/257 document forms the basis for CENELEC’s EN50561–1 standard.

While the limits in EN50561–1 are the same as CISPR 22, EN50561–1 treats the PLT device as a telecommunications device (as opposed to a mains device); therefore the standard does not require the device to be in active mode when testing the mains port (CISPR 22 says that all ports of the device should be tested as per typical usage). EN50561–1 also allows the device to have a 15 second delay before responding dynamically to any identified interference. To compensate for these concessions, EN50561–1 provides for ‘notching’ of specific radiocommunications frequencies. These notched frequencies are intended to protect various radiocommunications services including amateur, aeronautical and broadcasting services.

On 9 October 2014, EN50561–1 was harmonised and listed by the European Commission in the Official Journal of the European Union. The effect of listing a standard in the EU Journal is that compliance with the standard can be used to demonstrate compliance with the EU EMC Directive.

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EN50561–1 is one part of a suite of PLT product standards. Part 1 applies to in-home PLT devices that operate up 30 MHz. Part 2 of EN50561 (EN 50561–2) applies to access PLT. Part 3 of EN50561 (EN 50561–3) applies to devices that operate in frequencies above 30 MHz.

Compliance status of PLT devices in AustraliaFollowing receipt of a complaint regarding compliance of in-home PLT devices available in Australia, the ACMA undertook an audit of suppliers of PLT devices. The ACMA’s assessment is that overseas developments in the standardisation and regulation of PLT devices have caused some confusion among local suppliers. In particular, some Australian suppliers have mistakenly assumed that EN 50561–1 has been adopted or is suitable for Australian regulatory purposes.

The ACMA’s compliance investigations have demonstrated that there is a systemic non-compliance issue with the supply of in-home PLT devices in Australia. Suppliers contacted by the ACMA have been unable to produce test reports demonstrating compliance against CISPR 22. In a number of instances, suppliers have erroneously relied on test reports demonstrating compliance using the CISPR I/257 non-harmonised variation or EN50561–1. In addition, contrary to the requirements of CISPR 22, a number of suppliers have provided test reports that indicate that the PLT device had been tested with the transmitter turned off (that is, in idle mode).

However, despite suppliers not being able to provide suitable evidence that their products comply with CISPR 22, in practice the associated interference risk has not materialised. To date, the ACMA has not received any complaints regarding interference to radiocommunications services from PLT devices.

Non-standard device permitIn light of the apparent systemic non-compliance of PLT devices and the current absence of interference reports, the ACMA decided to implement an interim approach that allows the continued supply of in-home PLT devices while managing the interference and consumer risks associated with the use of such devices.

Under this interim approach, the ACMA invited suppliers of PLT devices who are unable to demonstrate compliance with CISPR 22 to apply for a permit from the ACMA to supply a non-standard device under subsection 174(1) of the Radiocommunications Act 1992.

The conditions attached to s174 permits for the supply on in-home PLT devices include a requirement that permit holders:> include with each device, a written notice stating that operation of the device may

cause interference with radiocommunications services and VDSL2 and G.fast broadband technologies3

> notify the ACMA of any reports the permit holder receives of interference to radiocommunications services and VDSL2 and G.fast broadband technologies, and to investigate such reports and provide a report to the ACMA

> provide all reasonable assistance to users of the device, carriers and CSPs operating VDSL2 and G.fast systems and the ACMA in the event of any service degradation or interference reports associated with the device.

A permit to supply a non-standard device applies to specific models and the conditions outlined above provides the ACMA with a suitable mechanism for compliance recourse

3 The interference risks associated with VDSL2 and G.fast broadband technologies is discussed later in the discussion paper.

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if needed. The application of ‘consumer advice conditions’ are intended to mitigate the consumer risks associated with the operation of such non-standard devices.

International experienceNew Zealand Australia has harmonised EMC arrangements with New Zealand under the Trans-Tasman Mutual Recognition Arrangement (TTMRA). Under these arrangements, a device that is eligible for supply in one jurisdiction can be lawfully supplied in the other jurisdiction without the need for any additional regulatory approval. A decision by ACMA to adopt a standard such as EN5056–1 would therefore result in the standard also being accepted under New Zealand’s regulatory arrangements. A permit does not allow suppliers to supply the device to New Zealand under the TTMRA.

The ACMA maintains a close relationship with New Zealand’s Ministry of Business Innovation and Employment (MBIE). MBIE has advised it is currently conducting its own assessment of PLT regulation including the suitability of EN50561–1.

United KingdomDespite extensive use of PLT products in the UK, Ofcom has advised that no substantive interference issues have directly been associated with the use of PLT products. This includes where suppliers of PLT products have chosen to use EN50561–1 as a means of complying with the EU EMC Directives.

While there was an initial upsurge in interference complaints received from amateur radio enthusiasts that coincided with the increased uptake of PLT products, very few of these were related to PLT products.

EuropeThe listing of EN50561–1 in the European Journal has meant that suppliers are able to use that standard as a means of demonstrating compliance with the European EMC directive. The ACMA is not aware of any significant interference issues in continental Europe associated with the operation of in-home PLT devices.

United StatesIn the United States, in-home PLT devices are regulated via the Class B limits of FCC Part 15. Part 15 and CISPR 22 are fundamentally harmonised, however the FCC states that the CISPR 22 compliant device must meet FCC radiated limits for above 1 GHz as CISPR 22 does not specify limits above 1 GHz.

The FCC has not indicated that there have been any substantial interference issues associated with the use of in-home PLT devices.

JapanIn Japan in-home PLT devices can be operated in the frequency range from 2 MHz up to 30 MHz over low-voltage power lines (100V or 200V, single phase). In-home PLT devices are required to be tested in active communications mode at both the mains and telecommunications ports. The Japanese limits are comparable to CISPR 22 Class B limits.

Republic of KoreaThe Republic of Korea regulates in-home PLT devices in accordance with CISPR 22 guidelines and limits. Conducted emissions at the mains port are however measured with the PLT transmitter in idle mode.

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The regulations identify certain frequency bands that require protection and designate radiated limits in those bands accordingly. The services that operate in these identified bands include:

> AM broadcasting> amateur radio> aeronautical> maritime safety.

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Discussion of issuesThe ACMA has identified two categories of risk that that need to be addressed in developing an appropriate regulatory solution for in-home PLT devices. These are:1. a technical interference risk—that is, the risk of interference to

radiocommunications services and certain broadband carriage systems (for example, VDSL2, G.fast)

2. a consumer awareness risk—that, notwithstanding the absence of field reports of interference, consumers are aware of the potential risk of interference to radiocommunications services and broadband systems and can make informed purchasing decisions.

The ACMA’s objective is to develop a regulatory solution that allows for the continued supply of in-home PLT devices, while ensuring that the technical interference and consumer awareness risks are managed appropriately.

Technical interference The technical interference risks associated with in-home PLT devices concern both radiocommunications services and certain fixed-line broadband technologies, such as VDSL2 and G.fast.

The ACMA’s regulatory strategy for managing technical interference from non-intentional emitting devices has typically relied on the application of technical standards at the point of supply, and operation of the device. The standards-based regulatory strategy is supplemented by the ACMA’s powers in relation to interference management.

CISPR 22As noted above, the current applicable technical standard in Australia is CISPR 22. The ACMA understands that, in their normal mode of operation, the majority (if not all) in-home PLT devices would not be capable of complying with CISPR 22 (that is, without the non-harmonised variation of CISPR I/257).

Question 1: Should CISPR 22 be maintained as the applicable standard for the supply of in-home PLT devices in Australia or should it be replaced by an alternative standard? For example, EN50561–1 or ITU-T G.9964.

EN50561–1In May 2015 the ACMA was asked to adopt EN50561–1 as an alternative standard to CISPR 22. This was because of difficulties ensuring compliance of in-home PLT devices with CISPR 22.

Consistent with historical practice, the ACMA sought technical advice from Standards Australia technical committee TE-003 (the lead Australian technical committee for EMC) regarding EN50561–1.

TE-003’s technical advice did not support the adoption of EN50561–1 in the ACMA’s EMC regulatory arrangements. The main reasons for TE-003’s view were:> The standard was written for European conditions where LV power distribution

networks were primarily underground and any radiated interference would be suppressed.

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> In Europe both the active and neutral lines are simultaneously switched on and off at the power-point (that is, connected/disconnected). However, in Australia, mains wiring leaves the neutral line permanently connected and it could therefore act as an antenna and broadcast any interference on the line.

> If the PLT device detects a valid broadcast service, EN50561–1 allows the PLT device to continue to transmit for a further 15 seconds before having to reduce its power to minimise interference to the broadcast service.

In subsequent correspondence with Standards Australia, they confirmed that the advice of TE-003 was of a technical nature and was not intended to address the broader policy and regulatory issues relevant to adoption of the standard in the ACMA regulatory arrangements.

Question 2:If EN50561–1 is to be adopted, are modifications to the standard necessary to ensure that it is appropriate for Australian conditions?

Question 3:Are you aware of any issues (in overseas jurisdictions) that have been associated with the adoption of EN50561–1 or the operation of in-home PLT devices generally?

ITU-R Study Group 6The Report on recent developments concerning PLT and wired telecommunication systems from ITU-R Study Group 6 raised concerns about the potential for interference arising from the limits specified in the EN50561 series of standards. In particular, the report expressed concern that Part 3 of the standard would not be compatible with the protection requirements for VHF sound broadcasting systems, or VHF aeronautical radionavigation and communications systems operating in the bands above the expected operating range of Part 3. The report noted that the ITU had approached CENELEC expressing concerns that the standard did not provide adequate protection of broadcast and aeronautical bands.

In relation to the interference risk for VDSL2 and G.fast broadband systems (see below), the report suggested several modifications to the standard to minimise the potential for interference including: limiting a device’s transmit power and employing the ITU-T recommended G.9964 power spectral density (PSD) mask.

ITU-T G.9964ITU-T’s recommendation G.9964 is one of a family of G.hn (home network) specifications developed by the ITU that cover the operation of devices that use the telephone, power and coaxial wiring within home networks. G.hn standards are developed to provide mechanisms to avoid interference to radio services and existing home network technologies.

G.9964 specifically provides control parameters that determine spectral content, power spectral density (PSD) masks (including for PLT devices) and tools to support the reduction of the transmit PSD. The standard provides the means to measure PSD for transmission over telephone and power lines as well as coaxial cabling.

G.9964 recognises and aims to protect international amateur, regional broadcast, aeronautical and radioastronomy bands.

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Appendix E of G.9964 recognises the potential risk of interference to VDSL2 services and notes that the specifications for the protection of these services will be determined by future studies.

Interference risk to VDSL2 and G.fast servicesIn the course of its analysis of the implications of adopting EN 50561–1, the ACMA became aware of concerns regarding the interference potential from in-home PLT devices to VDSL2 and G.fast systems. The ITU-R Study Group 6 report indicates that the limits allowed by Part 3 of EN50561 could potentially have adverse effects on VDSL2 and G.fast systems.

VDSL2 is the technology currently being used in Australia as part of the deployment of next-generation broadband networks by nbn and other carriers in fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) networks. nbn has also announced plans to commence deploying G.fast systems over the next two to three years.

Technical advice provided to the ACMA identified several factors associated with the operation of PLT devices that may adversely affect the performance of VDSL2 and G.fast services, including:> VDSL2, particularly when used with vectoring technology, will typically operate at

very low power levels and would therefore be susceptible to interference from PLT devices that operate at significantly higher power levels and on overlapping frequencies.

> Based on preliminary measurements, PLT signals being transmitted along electrical mains cabling, readily couples onto the telecommunications cabling being used to carry broadband signals (such as VDSL2) and significantly degrading its performance.

> G.fast (the successor technology to VDSL2) may be even more susceptible than VDSL2 and may suffer even greater levels of performance degradation when subjected to PLT interference. In severe cases, nbn suggests that interference from PLT devices could potentially result in a complete loss of the broadband signal.

The risk of interference from PLT devices decreases according to the distance between a VDSL2 or G.fast service and the PLT device. In practice, this will mean that:> In a single dwelling unit (SDU) scenario:

> an end-user using a PLT device will likely cause significant interference to their own VDSL2 service

> interference from a PLT device is only likely to affect the immediate user of the device and not an end user’s next door neighbour.

> In a multi-dwelling unit (MDU):> an end-user using a PLT device will likely cause interference to their own

VDSL2 service as well as those of their adjoining neighbours> the PLT interference would likely be contained to the floor that the PLT

device was being used.

The ACMA notes that VDSL2 deployment (especially vectored VDSL2) is at an early stage in Australia. As a consequence, there is an absence of field experience regarding the interference risk between in-home PLT devices and VDSL2, including vectored VDSL2. However, noting the expected widespread deployment of VDSL2 (and, subsequently, G.fast) as part of the government’s NBN policy, the ACMA is keen to obtain further technical advice on the interference risk, including as a result of field experience.

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Question 4:Are you aware of any empirical evidence or field trials in relation to interference between PLT devices and VDSL2 and G.fast services?

Question 5: Are you aware of any specific measures that have been successfully implemented (or are being developed) that will offer interference protection to VDSL2 and G.fast from in-home PLT devices?

Question 6:Are you aware of any impending developments in PLT technology and/or international standards that may reduce the risk of PLT interference?

Consumer awareness riskTypically, the consumer risks for non-intentional emitters are managed indirectly by the application of EMC requirements at the point of supply of the device to the market. That is, by requiring each device to comply with EMC technical standards that minimise the risk of interference to radiocommunications services prior to the supply of the device to market, consumers can assume that the device will not cause interference.

The ACMA notes however that the interference risk may be localised and only apparent under particular conditions. For example, interference to radiocommunications services may occur only where a device is operated in close proximity with a radiocommunications service, and only in relation to services operated on frequencies that are not ‘notched out’ by the PLT device. In relation to broadband technologies, in-home PLT devices do not present an interference risk for fibre and HFC technologies. For VDSL2 and G.fast technologies, the practical consequence of any interference is likely to depend on whether vectoring is used, and the length of the cable over which the broadband system is carried.

The ACMA does not believe that a localised interference risk associated with in-home PLT devices, or an interference risk that is dependent on particular conditions, should necessarily prevent the supply and operation of all such devices. However, the ACMA believes that it is appropriate that consumers be aware of any potential interference risk so that they may make an informed decision.

The consumer advice conditions imposed under the current section 174 permits are intended to manage the consumer protection risk in the short-term. While it is possible that the new Radiocommunications Act will allow the ACMA to impose broader consumer advice requirements on suppliers, the current labelling provisions do not allow the imposition of such requirements.

The ACMA notes that both the Australian Consumer Law and the registered industry code Telecommunications Consumer Protections C628:2012 (the TCP Code) contain general requirements in relation to the supply of telecommunications goods and services. However, the TCP Code applies only to carriers and CSPs. Under the Australian Consumer Law, the fact that a device caused interference to a radiocommunications service or broadband technology does not necessarily mean that the device is not fit-for-purpose.

NBN migration

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The ACMA also notes that information is being provided to consumers in relation to the migration of copper-based services to the NBN. This includes information on the appropriate customer equipment to be used in connection with different broadband technologies. The Migration Assurance Policy Framework released by the then Department of Communications in January 2015 also notes the role of retail service providers in providing advice on retail broadband packages to end-users as part of the migration process.

Question 7:What regulatory or non-regulatory strategies are appropriate to manage consumer awareness risks associated with the operation of PLT devices?

Question 8:Are there any other matters relating to the supply and use of in-home PLT devices that the ACMA should examine that have not been raised in this paper?

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Regulatory optionsThe ACMA is seeking to develop a long-term solution that provides suppliers with regulatory certainty while ensuring radiocommunications services and fixed-line broadband technologies are adequately protected from interference. The ACMA’s preference is for a standards-based solution that facilitates the supply of equipment to the market, while also mitigating the risk of interference to radiocommunications services and VDSL2 and G.fast broadband technologies.

While the ACMA is not currently committed to any particular regulatory path for PLT devices, it has previously avoided implementing country-specific or regional regulatory solutions, preferring to rely on standards based solutions that are consistent with international practices.

It appears from the ACMA’s compliance investigations that in-home PLT devices on the market do not comply with the requirements of CISPR 22 (without the non-harmonised variation, that is, CISPR I/257), but do in many instances comply with EN 50561–1. As there have been no interference complaints, it has therefore been suggested that the requirements of CISPR 22 are unnecessarily restrictive and that compliance with EN 50561–1 may be a more appropriate standard to manage the risk of interference to radiocommunications services. It has also been suggested to the ACMA that it is technically possible for in-home PLT devices to be designed or modified so as to comply with CISPR 22 requirements.

Identified options for PLT regulationThe ACMA has identified four options for future in-home PLT regulation:

Option 1: Status Quo—compliance with CISPR 22 (no permits)This option maintains the current requirement for in-home PLT suppliers to meet CISPR 22. Suppliers that do not meet CISPR 22 will not be permitted to supply their product. However, given the apparent systemic non-compliance of in-home PLT devices on the market, this option will require an appropriate solution to manage the extensive existing products already installed within end-users’ premises.

The ACMA notes that a number of suppliers have indicated to the ACMA that CISPR 22 is not the appropriate standard for in-home PLT devices. Conversely, Australian EMC technical experts have argued that CISPR 22 remains the appropriate standard to manage the risk of interference to radiocommunications services. The ACMA also notes that CISPR 22 was not developed to manage the risk of interference to VDSL2 or G.fast technologies.

Option 2: PLT-specific standard—without mandated consumer informationUnder this option, the ACMA would adopt a standard that applies specifically to in-home PLT devices. While it has been suggested to the ACMA that EN50561–1 is an appropriate product-specific standard, the ACMA notes that there may be other candidate PLT-specific standards, including standards currently in development. In considering any appropriate PLT-specific standard, the ACMA would consider the relevance of the standard in managing interference both to radiocommunications services and VDSL2 and G.fast broadband technologies.

This regulatory option would not include any specific strategies in relation to consumer awareness. However, it would be open to carriers, CSPs and suppliers of PLT devices to provide information—including as a means of managing compliance obligations

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under the Australian Consumer Law and/or the Telecommunications Consumer Protection Code—to consumers, either on product websites or at the point of sale.

Information on the potential interference risk to VDSL2 and G.fast systems could be provided as part of the NBN migration program, including via nbn’s Public Information on Migration program and other government and industry resources designed to assist with the migration process.

Option 3: PLT specific standard—with mandated consumer information This option has the same requirements of Option 2 with the added consumer protection element of mandatory information that advises consumers of the risks associated with the use of the device. Under this option, a separate regulatory obligation would need to be imposed on suppliers of in-home PLT equipment, including CSPs supplying such devices as part of retail telecommunications or pay TV product packages. The ACMA recognises that such an obligation would likely impose a financial and administrative burden on suppliers, and would therefore need to be assessed in accordance with Office of Best Practice Regulation requirements.

Option 4: Conditional supply—permit only This option is the approach currently being implemented for suppliers that do not meet the requirements of CISPR 22. Suppliers are required to seek permission to supply their device and permission is granted (for periods of up to 12 months at a time) if the supplier agrees to comply with a number of conditions that have been designed to provide added consumer protection.

While the permit approach has been adopted as an interim regulatory solution to ensure the continued supply of in-home PLT devices, the ACMA does not believe that a permit-based approach is an appropriate longer-term strategy.

Review of the Radiocommunications Act 1992In 2013 the government announced a review of the Radiocommunications Act 1992. The government has since indicated that a new Radiocommunications Act will be introduced into the parliament in 2016. While the ACMA understands that the new legislation will continue to allow it to impose requirements on the supply of devices, including in relation to EMC, it is likely that the ACMA’s powers will be substantively different. Therefore, it is important that any future regulatory path chosen for in-home PLT can be supported under the provisions of the new Act.

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Summary of questions Question 1: Should CISPR 22 be maintained as the applicable standard for the supply of in-home PLT devices in Australia or should it be replaced by an alternative standard? For example, EN50561–1 or ITU-T G.9964.

Question 2:If EN50561–1 is to be adopted, are modifications to the standard necessary to ensure that it is appropriate for Australian conditions?

Question 3:Are you aware of any issues (in overseas jurisdictions) that have been associated with the adoption of EN50561–1 or the operation of in-home PLT devices generally?

Question 4:Are you aware of any empirical evidence or field trials in relation to interference between PLT devices and VDSL2 and G.fast services?

Question 5: Are you aware of any specific measures that have been successfully implemented (or are being developed) that will offer interference protection to VDSL2 and G.fast from in-home PLT devices?

Question 6:Are you aware of any impending developments in PLT technology and/or international standards that may reduce the risk of PLT interference?

Question 7:What regulatory or non-regulatory strategies are appropriate to manage consumer awareness risks associated with the operation of PLT devices?

Question 8:Are there any other matters relating to the supply and use of in-home PLT devices that the ACMA should examine that have not been raised in this paper?

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