Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2003 (Cth)
Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2003
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 108A (1) (e) of the Radiocommunications Act 1992.
Dated 27 February 2003
A.J SHAW Chair
R HORTON Deputy Chair
Australian Communications Authority
Contents
Part 1Preliminary
1Name of Determination 3
2Commencement 3
3Scope 3
4Interpretation 3
Part 2Operation of transmitters — general conditions
5Conditions 6
6Permitted communications 6
7Harmful interference 7
8Issue or renewal of licence at certain times 7
Part 3Operation of transmitters — electromagnetic radiation requirements
9Power flux density and field strengths 8
10Level 1 criteria 8
11Level 2 criteria 9
12Change to an installed transmitter 10
13Multi-transmitter sites 10
14Exception to ARPANSA standard — compliance documentation before 1 March 2003 11
Part 4Records
15Application of Part 4 12
16Records 12
17Provision of information to authorised officer 13
18Dispute over reliability of evaluation provided in compliance documentation 13
19Agents 14
Part 1 Preliminary
Name of Determination
This Determination is the Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 20032003.
Commencement
This Determination commences on 1 March 2003.
Scope
(1)This Determination sets out conditions to which a transmitter licence issued under section 101A of the Act, for transmission in accordance with a related licence allocated by the ABA, is subject.
Note Section 101A of the Act provides that the ACA may issue transmitter licences for the purpose of providing a service under a temporary community broadcasting licence.
(2)However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.
Interpretation
(1)In this Determination:
Act means the Radiocommunications Act 1992.
ARPANSA standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency and assigned the number ISBN 0-0642-79400-6.
Note The ARPANSA standard may be obtained from the Australian Radiation Protection and Nuclear Safety Agency website 2772.2 means the Australian Standard Radiofrequency radiation Part 2: Principles and methods of measurement – 300 kHz to 100 GHz (AS 2772.2), published by Standards Australia.
AS/NZS 2772.1 means the interim Australian/New Zealand Standard Radiofrequency fields Part 1: Maximum Exposure levels – 3kHz to 300 GHz (AS/NZS 2772.1 (Int):1998), published by Standards Australia and assigned the number ISBN 0 7337 1892 2.
broadcasting licence (broadcast service station) means a broadcasting transmitter licence that authorises the holder to operate a broadcast service station.
broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
broadcast service station means a station that is operated to provide a service under a temporary community broadcasting licence.
broadcasting services bands has the same meaning as in the Broadcasting Services Act 1992.
commercial broadcasting service has the same meaning as in section 14 of the Broadcasting Services Act 1992.
community broadcasting service has the same meaning as in section 15 of the Broadcasting Services Act 1992.
far field, of an antenna, means the region at distances from the antenna greater than the larger of:
(a)2D2/?; and
(b)0.5 ?;
where:
? is the wavelength of the RF field.
D is the maximum lineal dimension of the antenna.
licence means a broadcast licence (broadcast service station) issued under section 101A of the Act, for transmission in accordance with a related licence allocated by the ABA.
licence area has the same meaning as in the Broadcasting Services Act 1992.
licensee means the holder of a licence including a person authorised by the licensee, to operate a broadcast service station under the licence.
low power open narrowcasting service means an open narrowcasting service operated by a narrowcasting service station using a transmitter power not exceeding the power specified in section 4.8 of the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998.
member of the general public means a person who is not an RF worker.
NATA means the National Association of Testing Authorities, Australia (ACN 004 379 748).
NATA-accredited body means a body accredited by NATA to assess or measure radiofrequency field strength levels in accordance with AS 2772.2.
national broadcasting service has the same meaning as in section 13 of the Broadcasting Services Act 1992.
open narrowcasting service has the same meaning as in section 18 of the Broadcasting Services Act 1992.
reference levels means the reference levels mentioned in Table 7 and 8, and the notes to Tables 7 and 8, of section 2.4 of the ARPANSA standard.
related licence means a temporary community broadcasting licence allocated by the ABA in accordance with Part 6A of the Broadcasting Services Act 1992.
RF field means a physical field that specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field and the magnetic field.
RF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.
Standards Australia means Standards Australia International Limited, (ABN 85 087 326 690).
temporary community broadcasting licence has the meaning it has in the Broadcasting Services Act 1992.
Technical Planning Guidelines means the Technical Planning Guidelines for the Planning of Individual Services that use the Broadcasting Services Bands determined by the ABA under section 33 of the Broadcasting Services Act 1992.
Note 1 For the definition of other expressions used in this Determination, see the Act, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.
Note 2 The definition of broadcast service station in this Determination is more limited than the definition of broadcast service station mentioned in the Radiocommunications (Interpretation) Determination 2000 as this Determination only applies to stations used to provide a service under a temporary community broadcasting licence.
(2)A reference in this Determination to:
(a)an instrument made under the Act; or
(b)a document or publication by Standards Australia; or
(c)a document or publication by the ACA; or
(d)a document or publication by the ABA;
includes a reference to the instrument, publication or other document as in force from time to time.
(3)A term that is:
(a)used (but not defined) in this Determination; and
(b)defined in the Glossary of the ARPANSA standard;
has the meaning given by the Glossary.
Part 2 Operation of transmitters — general conditions
Conditions
(1)For paragraph 108A (1) (e) of the Act, each licence is subject to the conditions in Parts 2 and 3 of this Determination relating to the operation of any transmitter under the licence by the licensee.
Note Under paragraph 108A (1) (d) of the Act, it is a condition of a broadcasting licence (broadcast service station) that the licensee and any person authorised by the licensee to operate the radiocommunications transmitter must comply with the Technical Planning Guidelines.
The Technical Planning Guidelines consist of the following:
·Introduction
·Part 1 — Start up procedure
·Part 2 — Change of transmitter site procedure
·Part 3 — AM radio
·Part 4 — FM radio
·Part 5 — Analog television
·Part 6 — Digital television
·Part 7 — Interference management scheme for digital television
·Appendix 1 to 5
·Annex A to C.
(2)However, Part 3 of this Determination does not apply in relation to the operation of a licence of a type mentioned in item 15 of Schedule 1 to the Radiocommunications (Transmitter and Receiver Licences) Determination, by a licensee.
Note Item 15 refers to a space licence.
Permitted communications
The licensee must operate a transmitter only to communicate with a station or receiver with which the licensee is permitted by the terms of the licence to communicate, unless:
(a)the transmission of a message is in relation to a distress or emergency situation; or
(b)the licensee is authorised, in writing, by the ACA or an inspector to communicate with another station or receiver in relation to the investigation of interference.
Harmful interference
(1)If the licensee operates a broadcast service station by transmitting on a frequency in the broadcasting services bands, the licensee must not operate the station in the following licence areas if its operation causes harmful interference to a broadcast service provided by another station:
(a)if the service is a commercial broadcasting service or community broadcasting service – within the licence area of the broadcasting services licence for the station; or
(b)if the service is a national broadcasting service – within the coverage area mentioned in the licence for the station; or
(c)if the service is an open narrowcasting service (other than a low power open narrowcasting service) – within the coverage area mentioned in the licence for that station.
(2)If the licensee operates a broadcast service station by transmitting on a frequency outside the broadcasting services bands, the licensee must not operate the station if its operation causes harmful interference to a service already provided by another station.
Issue or renewal of licence at certain times
(1)This section applies if the ABA decides, under subsection 34 (1) of the Broadcasting Services Act 1992, to make available part of the broadcasting services bands spectrum for allocation:
(a)for a purpose mentioned in paragraph 34 (1) (ea) of that Act; and
(b)for a specified period.
(2)If the licensee is issued with a licence, or the licensee’s licence is renewed, because of the ABA’s decision, the licence is issued or renewed only for the period specified in the licence.
(3)For subsection (2), the period specified in the licence must not be longer than the period mentioned in paragraph (1) (b).
Part 3 Operation of transmitters — electromagnetic radiation requirements
Power flux density and field strengths
(1)The RF field produced by a transmitter operated under the licence must not exceed the reference levels for general public exposure at a place accessible to a member of the general public.
(2)For subsection 10 (2) and paragraphs 11 (2) (a), 13 (1) (b) and 14 (1) (b), if the transmitter operates on a frequency of more than 10 MHz, only 1 of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:
(a)electric field strength;
(b)magnetic field strength;
(c)power flux density.
(3)If a transmitter simultaneously transmits on multiple frequencies, the transmitter must meet the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA standard.
Example for subsection (1)
The following are examples of a type of place that is accessible to a member of the general public:
a private residence
a public park
a building roof-top with a transmitter antenna located on the roof-top, where access is not restricted by the site manager or operator.
Level 1 criteria
(1)This section applies to a transmitter:
(a)for which:
(i)the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and
(ii)each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or
(b)for which:
(i)the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and
(ii)the average total equivalent isotropically radiated power of all antennas fed by the transmitter is not more than 3 200 W in any direction.
Example for subparagraph (a) (ii)
The following are examples of a type of place that is inaccessible to a member of the general public:
the area around an antenna that is fenced and where entry is through a locked gate
the area around a tower where the tower cannot be climbed except by the use of an external aid.
(2)The licensee must give information to the ACA, within 20 days after the date of a request by the ACA, showing that the licensee is complying with section 9 in relation to the transmitter.
(3)If the licensee is unable to comply with a request under subsection (2) within the 20 days the licensee must:
(a)advise the ACA in writing; and
(b)include evidence that the licensee is unable to comply; and
(c)propose a date by which the licensee will be able to comply.
(4)Any advice provided under subsection (3) must be received by the ACA within 20 days of the original request for information.
(5)The ACA must have regard to any written advice provided under subsection (3) before instituting regulatory action against the licensee for contravening subsection (2).
(6)If the ACA elects not to take regulatory action mentioned in subsection (5) against the licensee, the ACA must advise the licensee of this as soon as practicable.
Level 2 criteria
(1)This section applies to a transmitter to which section 10 does not apply.
(2)After 31 May 2003, the licensee must:
(a)be able to show that the licensee complies with section 9 in relation to the transmitter by:
(i)measuring RF fields in accordance with AS 2772.2; or
(ii)calculating RF fields using a model or method that is derived from the mathematical formulae mentioned in Appendix B to AS 2772.2; and
(b)keep records in accordance with section 16.
Note for subparagraph (a) (ii)
Models or methods include:
·mathematical modelling
·computer software programs
·charts and graphs.
(3)If the licensee spatially averages measurements taken for subparagraph (2) (a) (i), the licensee must do so in accordance with section 2.7 of the ARPANSA standard.
Change to an installed transmitter
(1)If a transmitter to which section 10 applies is changed so that the requirements in section 10 no longer apply to it, the transmitter must be reassessed in accordance with section 11.
(2)A change to the transmitter includes:
(a)moving it to a different site; or
(b)altering the amount of power fed to its antennas; or
(c)changing the characteristics of any of its antennas, including:
(i)gain; or
(ii)size; or
(iii)height above the ground or other accessible surface; or
(iv)tilt; or
(d)altering its transmission designator.
Multi-transmitter sites
(1)This section applies to a licensee that:
(a)operates a transmitter on a site that has more than 1 transmitter; and
(b)keeps documentation that:
(i)includes the results of an assessment in accordance with subparagraph 11 (2) (a) (i) or 11 (2) (a) (ii); and
(ii)shows that the transmitters on the site, taken as a whole, comply with section 9.
(2)If the licensee:
(a)is requested to give the ACA documentation under subsection 10 (2); and
(b)gives the ACA all of the documentation the licensee keeps under paragraph (1) (b);
the licensee is taken to have complied with subsection 10 (2).
(3)A licensee that keeps documentation referred to in paragraph (1) (b) is taken to have complied with paragraph 16 (1) (e).
Note Paragraph 16 (1) (e) deals with records containing results and methods of assessments under paragraph 11 (2) (a) or subsection 14 (1).
Exception to ARPANSA standard — compliance documentation before 1 March 2003
(1)This section applies to a licensee that before 1 March 2003 obtained documentation showing that:
(a)the RF fields produced by the transmitter operated under the licence does not exceed the exposure levels mentioned in section 6.3, 6.7 and 6.8 of AS/NZS 2772.1 at a place accessible to a member of the general public; and
(b)the RF field was:
(i)measured in accordance with AS 2772.2; or
(ii)calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2.
(2)If the licensee:
(a)is requested to give the ACA documentation under subsection 10 (2); and
(b)gives the ACA all of the documentation the licensee keeps under subsection (1);
the licensee is taken to have complied with subsection 10 (2).
(3)A licensee that:
(a)operates a transmitter to which subsection 11 (1) applies; and
(b)keeps documentation obtained under subsection (1);
is taken to have complied with paragraph 16 (1) (e).
(4)If the licensee:
(a)operates a transmitter on a site with more than 1 transmitter; and
(b)is requested to give the ACA documentation under subsection 10 (2); and
(c)gives the ACA documentation that:
(i)includes the results of an assessment in accordance with paragraph (1) (b); and
(ii)shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of the AS/NZS 2772.1 at a place accessible to a member of the general public;
the licensee is taken to have complied with subsection 10 (2).
(5)A licensee that:
(a)operates a transmitter on a site with more than 1 transmitter; and
(b)keeps documentation that shows the transmitter on the site, taken as a whole, complies with paragraph (4) (c);
is taken to have complied with paragraph 16 (1) (e).
Part 4 Records
Application of Part 4
This Part applies after 31 May 2003 to a transmitter to which section 11 applies.
Records
(1)A licensee must keep the following records:
(a)a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);
(b)if the licensee uses an agent under section 19 — a copy of the agency agreement;
(c)the name and qualifications of any person who has assessed the transmitter for compliance;
(d)the dates of any assessments;
(e)the results of any assessments obtained in accordance with paragraph 11 (2) (a) or subsection 14 (1), including any method of assessment;
(f)details of the transmitter including its power level, gain, size, tilt, manufacturer, model number and emission designator.
(2)For paragraph (1) (a), the information is:
(a)the licensee’s name, address, ACN (if any), ABN (if any) or ARBN (if any), ACA licence type and number; and
(b)details of the transmitter, including its location, antenna type and height above ground or other accessible surface; and
(c)a statement that the RF field produced by the transmitter meets the requirements of subsection 9 (1); and
(d)the name and position in the organisation of the person who signs the declaration.
(3)The licensee must amend the declaration of conformity in accordance with any changes to the information included in it.
(4)A record:
(a)must be kept for at least 12 months after the licence has expired; and
(b)must be available for inspection by the ACA at a place nominated by the ACA, or by a method nominated by the ACA, after consultation with the licensee; and
(c)must be kept in English; and
(d)may be a copy of an original record; and
(e)may be kept in electronic form.
(5)Without limiting paragraph (4) (b), the place may be:
(a)the licensee’s street address, in Australia, provided on the licence application; or
(b)for a site on which more than 1 transmitter is located — at the street address of the transmitter.
Provision of information to authorised officer
(1)The licensee must give information to the ACA about the licensee’s compliance with this Determination:
(a)within 20 days after the date of a request by the ACA; and
(b)if the ACA has specified how the information is to be provided — in the specified way.
(2)If the licensee is unable to comply with a request under subsection (1) within the 20 days the licensee must:
(a)advise the ACA in writing; and
(b)include evidence that the licensee is unable to comply; and
(c)propose a date by which the licensee will be able to comply.
(3)Any advice provided under subsection (2) must be received by the ACA within 20 days of the original request for information.
(4)The ACA must have regard to any written advice provided under subsection (2) before instituting regulatory action against the licensee for contravening subsection (1).
(5)If the ACA elects not to take regulatory action mentioned in subsection (4) against the licensee, the ACA must advise the licensee of this as soon as practicable.
(6)If the information is not provided electronically, the ACA must:
(a)give the licensee a receipt for the information; and
(b)must return the document to the licensee as soon as practicable within 60 days after receiving the information.
Dispute over reliability of evaluation provided in compliance documentation
(1)If a licensee and the ACA do not agree about whether a transmitter complies with section 9, the ACA may request the licensee:
(a)to have the transmitter assessed by a NATA-accredited body for compliance with section 9; and
(b)to obtain a report setting out whether or not the transmitter complies; and
(c)provide the report to the ACA.
(2)The licensee must comply with a request under subsection (1) within 30 days after the date of the request.
(3)For this section, the licensee must pay all costs associated with providing the subsection (1) information to the ACA.
Agents
(1)A licensee may use an agent:
(a)to ensure that the transmitter complies with this Determination; and
(b)to keep documents that the licensee is required to keep under this Determination.
(2)If the licensee uses an agent, the licensee and the agent must keep a copy of the agency agreement for the same period that records must be kept under this Determination.
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