Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (Cth)

Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001

as amended

made under subsection 12 (1) of the

Australian Communications Authority Act 1997

This compilation was prepared on 30 September 2005
taking into account amendments up to Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (Amendment No. 1 of 2002)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Direction [see Note 1]   3

2Commencement   3

3Definitions   3

4Direction — renewal of HPON radio Licences   3

5Direction — period of renewal of HPON radio licences   4

5ADirection — interim period of issue and renewal of HPON radio licences   4

6Application to ABA when acting as delegate of ACA   4

Notes 5

1. Name of Direction [see Note 1]

This Direction may be cited as the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001.

1. Commencement

This Direction commences on 1 March 2001.

1. Definitions

In this Direction:

ABA means the Australian Broadcasting Authority.

ACA means the Australian Communications Authority.

broadcasting services bands spectrum has the same meaning as in the BSA.

BSA means the Broadcasting Services Act 1992.

HPON radio licence means a transmitter licence issued under section 100 of the Radcom Act which authorises the operation of a transmitter:

(a)    for the provision of an open narrowcasting radio service in a part of

the broadcasting services bands which is, at the time the licence is issued, available for allocation under a section 34 open narrowcasting determination; and

(b)    at a maximum power which exceeds:

(i)    if the transmitter is operated in a residential area — 1 watt;

(ii)    if the transmitter is operated in a non-residential area — 10 watts.

open narrowcasting radio service has the same meaning as in the BSA.

open narrowcasting service has the same meaning as in the BSA.

Radcom Act means the Radiocommunications Act 1992.

section 34 open narrowcasting determination means any determination under subsection 34 (1) of the BSA, under which the ABA has determined that a specified part or parts of the radiofrequency spectrum is or are available for allocation, for a period or periods specified by the ABA, to providers of open narrowcasting services.

transmitter means a radiocommunications transmitter within the meaning of the Radcom Act.

transmitter licence has the same meaning as in the Radcom Act.

1. Direction — renewal of HPON radio Licences

The ACA must not refuse to renew an HPON radio licence under section 130 of the Radcom Act on the basis of a general policy that such licences should be issued under a price-based allocation system determined under subsection 106 (1) of the Radcom Act. 

1. Direction — period of renewal of HPON radio licences

Subject to section 5A, where the ACA decides to renew an HPON radio licence under section 130 of the Radcom Act, the ACA must, subject to subsection 103 (3) of the Radcom Act, specify a period under subsection 103 (2) of the Radcom Act that ends at the same time as the period specified by the ABA under the relevant section 34 open narrowcasting determination, or the relevant part of that determination. 

5A           Direction — interim period of issue and renewal of HPON radio licences

Where the ACA decides, before 1 July 2002, to:

(a)    issue an HPON radio licence under section 100 of the Radcom Act; or

(b)    renew an HPON radio licence under section 130 of the Radcom Act;

the ACA must specify, under subsection 103 (2) of the Radcom Act, a period for the licence ending no later than 30 June 2002.

1. Application to ABA when acting as delegate of ACA

To avoid doubt, this Direction also applies to the ABA in its capacity as delegate of the ACA under section 238 of the Radcom Act.

Notes to the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001

Note 1

The Australian Communications Authority (HPON Transmitter Licences) Direction No.  1 of 2001 (in force under subsection 12 (1) of the Australian Communications Authority Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001	31 Jan 2001 (see Gazette 2001, GN 4)	1 Mar 2001
Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (Amendment No. 1 of 2002)	6 Mar 2002 (see Gazette 2002, GN 9)	6 Mar 2002	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 5 ........................................	am. 2002 No. 1
S. 5A ......................................	ad. 2002 No. 1