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
1 Name of Direction [see Note 1]
2 Commencement
3 Definitions
4 Direction — renewal of HPON radio Licences
5 Direction — period of renewal of HPON radio licences
5A Direction — interim period of issue and renewal of HPON radio licences
6 Application to ABA when acting as delegate of ACA
Notes
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.
2 Commencement
This Direction commences on 1 March 2001.
3 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.
4 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.
5 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.
6 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 |
Overview
The Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001, as amended, was introduced to address the allocation and renewal of High Power Open Narrowcasting (HPON) transmitter licences under the Radiocommunications Act 1992. Enacted by the Australian Communications Authority (ACA) under subsection 12(1) of the Australian Communications Authority Act 1997, this legislative instrument aims to ensure that HPON transmitter licences are not refused renewal based on a policy that they should be issued under a price-based allocation system. The Direction also mandates that the period of renewal of such licences aligns with the relevant open narrowcasting determination by the Australian Broadcasting Authority (ABA), and sets specific interim periods for licences issued or renewed before 1 July 2002. This legislative measure ensures a structured approach to the management of HPON transmitter licences, supporting the efficient use of radiofrequency spectrum for open narrowcasting services.
Scope and Application
The Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001, made under the Australian Communications Authority Act 1997, applies to the Australian Communications Authority (ACA) and the Australian Broadcasting Authority (ABA) when acting as a delegate of the ACA, concerning the renewal and issuance of HPON transmitter licences. These licences authorise the operation of a transmitter for open narrowcasting radio services in specified parts of the broadcasting services bands spectrum, exceeding certain power limits in residential and non-residential areas. The Direction mandates that the ACA cannot refuse to renew an HPON radio licence based on a policy to issue such licences under a price-based allocation system. It also specifies that the renewal period for such licences must align with the period specified by the ABA under the relevant section 34 open narrowcasting determination, or the relevant part of that determination. Additionally, the Direction requires the ACA to set a specific licence period ending no later than 30 June 2002 for any decisions made before 1 July 2002 regarding the issuance or renewal of HPON radio licences. This Direction is applicable nationwide and extends to any amendments made through subordinate instruments.
Key Provisions
The Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (the "Direction") establishes certain provisions for the renewal and issuance of High Power Open Narrowcasting (HPON) radio licences. Section 4 of the Direction mandates that the Australian Communications Authority (ACA) cannot refuse to renew an HPON radio licence under section 130 of the Radiocommunications Act 1992 (Radcom Act) on the basis of a general policy that such licences should be issued under a price-based allocation system determined under section 106(1) of the Radcom Act. Additionally, section 5 requires that where the ACA decides to renew an HPON radio licence, it must specify a period that aligns with the relevant section 34 open narrowcasting determination by the Australian Broadcasting Authority (ABA) under the Broadcasting Services Act 1992 (BSA). This period must end at the same time as the period specified by the ABA under the relevant section 34 open narrowcasting determination.
Under section 5A, if the ACA decides before 1 July 2002 to issue or renew an HPON radio licence, it must specify a period for the licence that ends no later than 30 June 2002. This interim measure ensures that the licences are issued or renewed within a defined timeframe to accommodate the transition to the new system. The Direction also clarifies that it applies to the ABA when it acts as a delegate of the ACA under section 238 of the Radcom Act, as stated in section 6.
The Direction imposes specific obligations on the ACA and ABA when handling HPON radio licences. For instance, the ACA must adhere to the provisions outlined in sections 4 and 5, ensuring that any refusal to renew an HPON radio licence is not based on a policy preferring a price-based allocation system. Furthermore, the ACA must align the renewal period of HPON radio licences with the ABA's section 34 open narrowcasting determinations. If the decision to issue or renew a licence is made before 1 July 2002, the ACA must ensure that the licence period ends no later than 30 June 2002. The ABA, when acting as a delegate of the ACA, must also comply with these provisions to ensure consistent application and enforcement of the Direction.
Breach of the Direction's provisions may have legal consequences. Although the Direction itself does not explicitly detail penalties, non-compliance with the Radcom Act or related legislation could result in civil or criminal penalties. For example, under the Radcom Act, failure to comply with a direction by the ACA may lead to enforcement actions, including fines. The maximum penalties for contravening provisions of the Radcom Act can be significant, depending on the severity and nature of the breach. These penalties are outlined in the relevant sections of the Radcom Act and may include substantial fines for individuals and corporations.