Determination to extend the period of availability of Radiofrequency Spectrum from 1 September 2013 to 31 August 2014

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, provides the legal framework governing the broadcasting sector, including the allocation and management of radiofrequency spectrum. The Act was introduced to address issues related to the efficient use and regulation of broadcast services, ensuring they operate within a framework that promotes public interest and competition. In line with the policy objective of the Act to facilitate orderly and efficient use of the broadcast spectrum, the Australian Communications and Media Authority has the authority to vary determinations concerning the availability of radiofrequency spectrum. In this instance, the Authority has extended the period of availability of certain spectrum allocations from 1 September 2013 to 31 August 2014, as detailed in the gazetted determinations, to accommodate specific designated purposes such as scientific use in Canberra and Darwin.

Scope and Application

The Broadcasting Services Act 1992 applies to entities engaged in broadcasting activities within Australia, including radio and television stations, and other services that involve the transmission of audiovisual content. This legislation sets out the regulatory framework for the broadcasting industry, including spectrum allocation, licensing, and content standards. The Act extends its reach across the Commonwealth, ensuring uniform regulations and standards are applied across all states and territories. It includes provisions for the issuance of licences, the designation of spectrum for specific purposes, and the oversight of content that may be deemed unsuitable or harmful. Certain exclusions and exemptions may apply, particularly for non-commercial or community-based broadcasters, and specific thresholds may dictate the application of certain regulatory requirements. The application of the Act is further extended or restricted through subordinate instruments, which may include regulations or determinations that specify particular conditions or modifications to the primary legislation. For instance, the determination under Section 34 of the Broadcasting Services Act 1992, as referenced in the gazette, modifies the period of availability for radiofrequency spectrum, thereby impacting the operational parameters for broadcasters relying on these frequencies.

Key Provisions

The main operative sections of the determination (Gazette C2013G01325) relate to the extension of the availability period of certain radiofrequency spectrums. Under section 34 of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) has the power to vary determinations concerning the allocation and use of radiofrequency spectrum. Specifically, the Gazette extends the period from 1 September 2013 to 31 August 2014 for the radiofrequency spectrums designated for scientific purposes in Canberra and Darwin. These spectrums, identified as Determination Identification Numbers 1131874 and 1131875, originally assigned on 1 July 2010 and 23 July 2010 respectively, are used for scientific activities in these areas. The Act imposes several obligations on the parties or entities governed by it. Primarily, these entities must adhere to the revised availability period for the specified radiofrequency spectrums. This includes ensuring that their operations within these spectrums are compliant with the new timeframes. Additionally, entities must continue to use the spectrums solely for the designated scientific purposes as outlined in the original determinations. There is also an obligation to notify ACMA of any changes in the use or operation of these spectrums during the extended period. Failure to comply with the provisions of the Broadcasting Services Act 1992 and the updated determinations can result in significant consequences. Under the Act, breaches may lead to civil or criminal penalties, depending on the nature and severity of the infringement. For example, unauthorised use of the radiofrequency spectrums could result in fines or other penalties as prescribed by the Act. The exact penalties are not detailed in the Gazette but are subject to the general provisions of the Broadcasting Services Act, which can include substantial fines for non-compliance with spectrum usage regulations. It is crucial for entities to ensure their operations are fully compliant to avoid these potential legal repercussions.