COMMONWEALTH OF AUSTRALIA
Australian Communications Authority Act 1997
AUSTRALIAN COMMUNICATIONS AUTHORITY (LPON TRANSMITTER LICENCE ALLOCATION) DIRECTION NO. 3 OF 2000
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, give the following Direction to the Australian Communications Authority under subsection 12(1) of the Australian Communications Authority Act 1997.
Dated 20 December 2000
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
1. Name of Direction
This Direction may be cited as the Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000.
2. Commencement
This Direction commences on 1 March 2001.
3. Definitions
In this Direction:
low power open narrowcasting service means an open narrowcasting service operated under a transmitter licence which authorises the operation of a transmitter at:
(a) a carrier frequency within the range 87.5 to 88.0 MHz (inclusive); and
(b) a maximum power which does not exceed:
(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 service has the same meaning as in the Broadcasting Services Act 1992.
transmitter means a radiocommunications transmitter within the meaning of the Radiocommunications Act 1992.
transmitter licence has the same meaning as in the Radiocommunications Act 1992.
4. Direction – allocation of transmitter licences for low power open narrowcasting services
The allocation or issue of transmitter licences for low power open narrowcasting services by the Australian Communications Authority, excluding the renewal of licences pursuant to section 130 of the Radiocommunications Act 1992, is to be by way of price-based allocation systems determined pursuant to section 106 of the Radiocommunications Act 1992.
Overview
The Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000 was issued by the Minister for Communications, Information Technology and the Arts under subsection 12(1) of the Australian Communications Authority Act 1997 to address the allocation of transmitter licences for low power open narrowcasting services. The Direction, which came into effect on 1 March 2001, specifies that the allocation of such licences should be conducted through price-based allocation systems as determined under section 106 of the Radiocommunications Act 1992, excluding the renewal of existing licences under section 130 of that Act. This legislative instrument aims to ensure an orderly and fair process for the allocation of licences in the low power open narrowcasting sector, thereby supporting the efficient use of spectrum resources and maintaining regulatory oversight.
Scope and Application
The Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000, made under the Australian Communications Authority Act 1997, specifies the allocation of transmitter licences for low power open narrowcasting services, excluding the renewal of such licences. This Direction applies to the Australian Communications Authority, which is responsible for the allocation of these licences, and it governs the manner in which these licences are issued. The Direction applies to entities that operate low power open narrowcasting services, which are defined as services operating under a transmitter licence with specified parameters, such as carrier frequencies and power limits. The geographic reach of this Direction is within Australia, as it pertains to the operations under the Australian Communications Authority, which operates nationally. The Direction does not explicitly state exclusions but implies that it does not cover the renewal of existing licences, which are governed by other sections of the Radiocommunications Act 1992. The Direction extends its application by referencing other Acts, such as the Broadcasting Services Act 1992 and the Radiocommunications Act 1992, through which additional regulations and definitions can be incorporated.
Key Provisions
The Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000 outlines the process for the allocation of transmitter licences for low power open narrowcasting services (section 4). According to the Direction, the Australian Communications Authority (ACA) is mandated to allocate these licences using price-based allocation systems as stipulated in section 106 of the Radiocommunications Act 1992. This approach ensures a structured and fair method for the distribution of licences, thereby preventing potential conflicts and monopolistic practices. This Direction specifically excludes the renewal of existing licences, which would be governed by section 130 of the Radiocommunications Act 1992.
The Act imposes clear obligations on the ACA to follow the price-based allocation systems as determined under section 106 of the Radiocommunications Act 1992 (section 4). These systems are designed to provide a transparent, equitable, and competitive framework for the allocation of licences, ensuring that the process is conducted in a manner that is fair to all applicants. The ACA must also ensure that all applicants are treated equally and that the allocation process adheres to the legislative requirements and guidelines set out in the Radiocommunications Act 1992.
Failure to comply with the provisions of this Direction may result in legal consequences. Although specific offences and penalties are not detailed within the Direction itself, breaches of the Radiocommunications Act 1992 or other related legislation could lead to substantial penalties. These may include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. Furthermore, any actions taken by the ACA in violation of this Direction could be subject to judicial review, leading to further legal ramifications for the Authority.
In summary, the Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000 establishes a clear framework for the allocation of transmitter licences for low power open narrowcasting services. It mandates the use of price-based allocation systems and imposes specific obligations on the ACA to ensure compliance with these systems. While the Direction itself does not detail specific penalties for breaches, non-compliance could lead to significant legal consequences under related legislation.