Commonwealth of Australia
Australian Communications Authority Act 1997
Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Direction under subsection 12(1) of the Australian Communications Authority Act 1997.
Dated 29 August 2003.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
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1 Name of Direction
This Direction is the Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003.
2 Commencement
This Direction commences when the ACA is given written notice of it.
3 Revocation
The Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2002 is revoked.
4 Definitions
In this Direction:
ABA means the Australian Broadcasting Authority;
ACA means the Australian Communications Authority;
Act means the Radiocommunications Act 1992;
Broadcasting LCD means the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998 made by the ACA under paragraph 107(1)(f) of the Act;
commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992;
licensee has the same meaning as in the Broadcasting LCD;
location, of a station, means the latitude and longitude of the station site as recorded in the register kept by the ACA under section 143 of the Act;
MF NAS transmitter licence means a “broadcasting licence (narrowband area service)” (within the meaning of the Broadcasting LCD) that authorises the operation of a station at a frequency in the range 1606.5 kHz to 1705 kHz;
station has the same meaning as in the Radiocommunications (Interpretation) Determination 2000.
5 Direction – MF NAS transmitter licences
I direct the ACA to exercise its powers under sections 107 and 111 of the Act, as soon as practicable, to ensure that conditions are imposed on all MF NAS transmitter licences which have the effect that the licensee must not operate a station under the licence to provide a commercial broadcasting service unless:
(a) the licence was:
(i) issued under section 100 of the Act before 6 November 2002; or
(ii) issued under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i);
(b) the commercial broadcasting service is provided under a licence which was allocated under section 40 of the Broadcasting Services Act 1992 before 6 November 2002;
(c) the commercial broadcasting service is provided before the date 12 months after the commencement of this Direction; and
(d) the location of the station is:
(i) within 10 km of its location on 6 November 2002; or
(ii) a location outside the 10 km radius referred to in subparagraph (i) that is determined by the ACA in accordance with clause 6 of this Direction and notified to the licensee in writing.
6 Conditions for ACA approval of relocation of station more than 10 km
For the purposes of subparagraph 5(d)(ii) of this Direction the ACA must not determine a location (the ‘new location’) unless it is satisfied that:
(a) transmissions from the new location would provide a service to substantially the same intended audience as the audience that was intended to be covered from the location of the station on 6 November 2002; and
(b) transmissions from the new location would not significantly interfere with any existing radiocommunications services.
Overview
The Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003, made under subsection 12(1) of the Australian Communications Authority Act 1997, was enacted to address a specific issue regarding the operation of medium frequency narrowband area service (MF NAS) transmitter licences. This direction, issued by the Minister for Communications, Information Technology and the Arts, Richard Kenneth Robert Alston, aims to impose conditions on all MF NAS transmitter licences to ensure they are used for commercial broadcasting services that comply with certain criteria. The primary objective of this direction is to maintain the integrity of the intended audience coverage for these services and to prevent interference with existing radiocommunications services. The Direction revokes the previous Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2002, effective upon written notice to the Australian Communications Authority (ACA).
Scope and Application
The Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003 applies to all existing and future holders of Medium Frequency Narrowband Area Service (MF NAS) transmitter licences under the Radiocommunications Act 1992, particularly those that may wish to provide a commercial broadcasting service. This Direction is applicable to any entity or person holding such a licence within the Commonwealth of Australia, thereby encompassing the entire national jurisdiction. The Direction revokes its predecessor, the Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2002, effective from its commencement, which occurs when the Australian Communications Authority (ACA) receives written notice of it. The Direction imposes strict conditions on the operation of MF NAS transmitter licences, mandating that any such licence used for a commercial broadcasting service must either have been issued before 6 November 2002 or be a renewal of a pre-existing licence. Furthermore, the Direction stipulates that the service must have been allocated under the Broadcasting Services Act 1992 prior to 6 November 2002 and must be operational before the date that is 12 months after the commencement of this Direction. Any relocation of the transmitter station more than 10 km from its original location on 6 November 2002 is subject to ACA approval, which will only be granted if the new location serves the same intended audience and does not significantly interfere with existing radiocommunications services.
Key Provisions
The Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003 primarily serves to regulate the operation of medium frequency narrowband area service (MF NAS) transmitter licences. Under section 5, the Minister directs the Australian Communications Authority (ACA) to impose certain conditions on these licences. Specifically, the licensee must not operate a station to provide a commercial broadcasting service unless the licence was issued before 6 November 2002 or renewed after that date, the service is provided under an existing licence from before 6 November 2002, and the service is provided within 12 months of the Direction's commencement. Additionally, the location of the station must either be within 10 km of its position on 6 November 2002 or approved by the ACA if it lies further away, as detailed in section 6.
The ACA has specific obligations under this Direction. It must ensure that any new location for a station is approved only if transmissions from that location serve substantially the same audience as the original location and do not significantly interfere with existing radiocommunications services. This requirement is outlined in section 6, which details the criteria for approving relocations beyond the 10 km radius.
Failure to comply with the conditions set out in this Direction may result in civil or criminal penalties. Although the Direction itself does not specify maximum penalties, breaches of conditions under the Radiocommunications Act 1992 and the Broadcasting Services Act 1992 can lead to substantial fines and other legal consequences. It is important for licensees to adhere strictly to these conditions to avoid any potential enforcement actions.