EXPLANATORY STATEMENT
STATUTORY RULE 1988 NO. 181
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
Part IV of the Radiocommunications Act 1983 (the Act) provides a basis for planning the use of the radio frequency spectrum. The primary planning instrument is the spectrum plan which divides the radio frequency spectrum into a number of bands and specifies the general purpose or purposes for which each band may be used. Section 19 of the Act provides that the Minister may prepare for each band a frequency band plan which makes provision for and in relation to the purpose or purposes for which the band may be used.
Sub-section 19(2) allows for a frequency band plan to make special provisions for use of parts of the band (including any particular frequency or frequency channel).
Sub-section 19(3) provides that a frequency band plan may be made either generally or as otherwise provided and, in particular, may apply with respect to a specified area or a specified period.
Section 20 of the Act requires publication of a proposed frequency band plan prior to promulgation, with an invitation for interested persons to make representations. The Minister is required to give due consideration to any representations.
The Minister for Transport and Communications published a notice in the Gazette of 20 April 1988 setting out a proposed frequency band plan (referred to as the Multipoint Distribution System band plan) for the frequencies 2076 to 2111 MHz and 2300 to 2400 MHz. Comments were invited by 20 May 1988. After consideration of comments received, the frequency band plan was signed by the Minister on 9 June 1988.
NOTES ON CLAUSES
PART I - PRELIMINARY
Clause 1 - Citation
Clause 2 - Interpretation
PART II - PURPOSES FOR WHICH THE BAND MAY BE USED
Clause 3 - This clause and its supporting tables (Tables 1 and 2) identify the primary and secondary purposes for which the band may be used. The primary purpose is identified as “Fixed Service - Multipoint Distribution Systems only”.
Multipoint Distribution Systems (MDS) allow transmissions on a bandwidth broad enough for sound and full-motion pictures to multiple receivers. As such they allow a range of commercial applications and there is strong current demand for the release of frequencies for MDS.
Clause 4 makes further provisions for and in relation to the purposes identified.
Sub-clause 4(1) divides the possible range of MDS services into five categories.
Sub-clause 4(2) provides that until the end of 1990, up to 13 of the 19 channels may be allocated at each location with 6 reserved for future use. No services in category 5 (entertainment video, including pay TV) are to be permitted during this period. Subclause 4(3) provides that from the beginning of 1991 all 5 categories are permissible and all 19 channels can be allocated at each location.
Section 24A of the Act prohibits the licensing of domestic pay television services. The prohibition may be lifted by Proclamation after 1 September 1990. Nothing in the frequency band plan is intended to conflict with this prohibition. Any licensing of pay television services as MDS would be limited to those not covered by section 24A unless and until the prohibition is lifted.
Sub-clause 4(4) provides that channels may be allocated for the secondary purposes set out in Table 2 only where the channel is not required for primary purposes or reserved.
PART III - CHANNELLING
Clause 5 provides for the division of the band into 19 channels of equal bandwidth at spacings of 7 MHz. The division is designed to maximise use of the band while avoiding unacceptable interference.
Overview
The Radiocommunications Act 1983 (Act) was enacted to regulate and manage the use of the radio frequency spectrum in Australia, addressing the need for systematic planning and allocation of radio frequencies to avoid interference and ensure efficient use. The Minister for Transport and Communications, pursuant to the Act, published a notice in the Gazette on 20 April 1988 outlining a proposed Multipoint Distribution System (MDS) band plan for the frequencies 2076 to 2111 MHz and 2300 to 2400 MHz. This plan was intended to cater to the growing demand for frequencies used in multipoint distribution systems, which facilitate transmissions for services such as sound and full-motion pictures to multiple receivers. After considering public feedback received by 20 May 1988, the Minister signed the frequency band plan on 9 June 1988. The policy objective was to allocate these frequencies for both primary and secondary purposes, with specific provisions for the allocation of channels over time, ensuring a balance between immediate needs and future growth, while adhering to the prohibition on domestic pay television services as stipulated in Section 24A of the Act.
Scope and Application
The statutory rule issued under the Radiocommunications Act 1983 applies to the frequencies 2076 to 2111 MHz and 2300 to 2400 MHz, establishing a frequency band plan for the Multipoint Distribution System (MDS). This plan is primarily concerned with the use of these frequencies for Fixed Service, specifically for Multipoint Distribution Systems which facilitate transmissions of sound and full-motion pictures to multiple receivers. The rule applies to entities and persons operating within the specified frequency range and is relevant to industries involved in telecommunications and broadcasting. Geographic reach is national, applying across Australia, and the rule does not conflict with the prohibition on domestic pay television services, as outlined in Section 24A of the Act, unless and until the prohibition is lifted by Proclamation after 1 September 1990. The rule allows for the allocation of frequencies for various categories of services, with specific provisions and time frames outlined to manage the transition of permissible services. Channels may also be allocated for secondary purposes, subject to the availability of channels not required for primary purposes or reserved for future use.
Key Provisions
The legislative instrument sets out the Multipoint Distribution System (MDS) band plan for the frequencies 2076 to 2111 MHz and 2300 to 2400 MHz, establishing guidelines for the use of these frequencies. Section 3 specifies that the primary purpose for these frequencies is for Fixed Service, specifically Multipoint Distribution Systems, which facilitate the transmission of sound and full-motion pictures to multiple receivers (Section 3). Until the end of 1990, only up to 13 of the 19 channels may be allocated at each location, with 6 reserved for future use, and no services in category 5 (entertainment video, including pay TV) are permitted (Section 4(2)). From the beginning of 1991, all 5 categories are permissible, and all 19 channels can be allocated at each location (Section 4(3)). Channels may be allocated for secondary purposes only if they are not required for primary purposes or reserved (Section 4(4)).
The Act imposes obligations on entities or parties seeking to use these frequencies for MDS. They must adhere to the specified allocation rules and purpose categories, ensuring that their usage aligns with the primary and secondary purposes outlined in the band plan. The Minister for Transport and Communications is required to give due consideration to any representations made by interested persons regarding the proposed frequency band plan (Section 20). Additionally, any licensing of pay television services as MDS must comply with the prohibition in Section 24A of the Act unless the prohibition is lifted by Proclamation after 1 September 1990.
Failure to comply with the provisions of the frequency band plan may result in legal consequences. The Act does not explicitly state the penalties for breach; however, non-compliance with the specified allocation rules and purposes could lead to enforcement actions under the Radiocommunications Act 1983. These actions may include fines or other sanctions deemed appropriate by the Minister. Additionally, any activities that contravene the prohibition on domestic pay television services before the lifting of the prohibition may be subject to criminal or civil penalties as stipulated in other relevant legislation.