Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2002 (No. 1) (Cth)

Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2002 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.

Dated 31 October 2002

A J SHAW

Chair

G W LUTHER

Senior Executive Manager

Australian Communications Authority

1. Name of Determination

This Determination is the Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2002 (No. 1).

1. Commencement

This Determination commences on 6 November 2002.

1. Amendment of Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998

Schedule 1 amends the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998.

Schedule 1        Amendment

(section 3)

[1]           After section 5.2

insert

5.3           Narrowband area services operating in the frequency band 1606.5 kHz to 1705 kHz – commercial broadcasting service

(1)   A licensee that operates a narrowband area service station on a frequency in the frequency band 1606.5 kHz to 1705 kHz must not operate the station to provide a commercial broadcasting service unless:

(a)    the broadcasting licence (narrowband area service) to which the station relates was issued by the ACA before 6 November 2002; and

(b)    the commercial broadcasting service is permitted by a commercial licence allocated before 6 November 2002; and

(c)    the commercial broadcasting service commenced before 6 November 2003; and

(d)    the location of the station is within 10 kilometres of its location on 6 November 2002.

(2)   The licensee must provide evidence required by the ACA for the purposes of paragraph (1) (c).

(3)   In this section:

commercial licence means a commercial radio broadcasting licence allocated by the ABA under section 40 of the Broadcasting Services Act 1992.

location, of a station, means the site latitude and longitude for the relevant broadcasting licence (narrowband area service) as recorded on the Register of Radiocommunications Licences.