2.1 GHz Band Frequency Band Plan Variation 2002 (No. 1)

Overview

The 2.1 GHz Band Frequency Band Plan Variation 2002 (No. 1) was enacted by the Australian Communications Authority under section 34 of the Radiocommunications Act 1992. This legislative instrument was introduced to provide specific variations to the 2.1 GHz Band Frequency Band Plan 2002, addressing certain geographical and operational requirements for fixed service mobile data systems. The enacting body, the Australian Communications Authority, was tasked with ensuring that the radiocommunications spectrum was efficiently managed, which includes making adjustments to frequency plans as necessary. The policy objective behind this variation is to facilitate better communication services by accurately designating specific locations and their geographical coordinates for fixed service mobile data systems, thereby ensuring compliance and effective use of the radiocommunications spectrum.

Scope and Application

The 2.1 GHz Band Frequency Band Plan Variation 2002 (No. 1) applies to the frequency band allocation within the 2.1 GHz spectrum, specifically modifying the plan to accommodate new geographical coordinates for certain fixed service mobile data sites. The legislation is enacted under section 34 of the Radiocommunications Act 1992, thus operating within the Commonwealth jurisdiction of Australia. This Plan Variation delineates specific sites and their respective geographical coordinates, ensuring precise allocation of the frequency spectrum for radiocommunication services. It does not explicitly state any exclusions or exemptions, implying that the modifications are made within the existing regulatory framework. The application of this legislation extends to entities involved in fixed service mobile data operations within the specified locations, thereby impacting the conduct of radiocommunication activities in these areas. Additionally, this Plan Variation can be further extended or refined through subordinate instruments as deemed necessary by the Australian Communications Authority.

Key Provisions

The 2.1 GHz Band Frequency Band Plan Variation 2002 (No. 1), issued by the Australian Communications Authority under section 34 of the Radiocommunications Act 1992, primarily involves adjustments to the geographical coordinates of specific sites designated for fixed service in the 2.1 GHz frequency band. This Plan Variation, which comes into effect upon gazettal, includes detailed modifications to the 2.1 GHz Band Frequency Band Plan 2002 as outlined in Schedule 1. The changes involve the updating of locations and their corresponding geographical coordinates for various sites across Australia, such as Mount Isa, Broken Hill, Cairns, and others, as listed in Schedule 1. This variation aims to ensure that the allocation of frequencies within the 2.1 GHz band is accurately mapped to the physical locations where fixed service operations are to be conducted. Under this legislation, the Australian Communications Authority imposes specific obligations on parties or entities operating within the 2.1 GHz band. These entities must ensure that their fixed service operations adhere to the updated geographical coordinates provided in the revised frequency band plan. This requirement is crucial for maintaining the integrity of the frequency allocation system, preventing potential interference, and ensuring that the frequency band is used efficiently and effectively. The Authority's role is to oversee and enforce compliance with these updated parameters, ensuring that the frequency spectrum is managed in a manner that supports the public interest and the efficient use of radiocommunications services. Failure to comply with the provisions of this Plan Variation can lead to significant consequences. Although the specific offences and penalties are not detailed within the excerpt provided, it is generally understood that breaches of the Radiocommunications Act 1992 can result in substantial penalties. These penalties may include fines, the revocation of licences, or other administrative actions taken by the Authority to enforce compliance. The exact nature and severity of penalties can vary depending on the specific breach and its impact on the frequency management system, but the overarching intent is to ensure that all parties operate within the legal framework established by the Authority to maintain the integrity of the radiocommunications environment.