Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 1 of 1994 (Amendment No. 3)

Overview

The Radiocommunications Act 1992 was enacted to provide a national framework for the regulation of radiocommunications. This legislation aimed to fill the gap left by previous laws, which were outdated and insufficient to address the evolving needs of radiocommunications in Australia. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to facilitate efficient and effective use of the radio spectrum, while ensuring that radiocommunications services operate in a manner that is safe, efficient, and does not cause harmful interference. The Act allows for the regulation of radiocommunications activities, including the allocation of radio frequencies, licensing, and the implementation of standards to ensure the quality of radio services. The Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 1 of 1994 (Amendment No. 3) was made under the authority of the Radiocommunications Act 1992 by Christine Mary Goode, Spectrum Manager, on behalf of the Spectrum Management Agency. This Determination amends the original 1994 Determination to update the procedures for applicant registration, lodgment of Form of Authority in special circumstances, and payment of the balance of the bid price for Multipoint Distribution Station Licences. Additionally, it introduces new areas and frequency allocations for radiocommunications services in various locations across Western Australia, ensuring that the radio spectrum is allocated efficiently and effectively to meet the growing demands of the industry.

Scope and Application

The Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 1 of 1994 (Amendment No. 3) is a legislative instrument under the Radiocommunications Act 1992, and it applies to entities and individuals seeking to apply for a Multipoint Distribution Station Licence. The legislation modifies the submission timelines for applicant registration, the lodgment of a Form of Authority in special circumstances, and the payment of the balance of the bid price, which are key procedural requirements in the licence allocation process. Geographically, the amended Determination encompasses areas within Australia, particularly focusing on specific locations such as Carnarvon, Karratha, Port Hedland, Newman, and Broome in Western Australia, with specific frequency allocations assigned to these areas. The determination does not explicitly state exclusions or exemptions but focuses on streamlining the application and procedural aspects of obtaining a Multipoint Distribution Station Licence. The application of the Act is further extended or restricted through subordinate instruments, which may include additional specific frequency allocations or modifications to the procedural timelines.

Key Provisions

The main operative sections of the Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 1 of 1994 (Amendment No. 3) include the amendment to Clause 8, which now requires that an Applicant Registration Form must be submitted no later than 4 p.m. on the last day for submission at the address specified in the notice. Clause 12 has been updated to require that a completed and legible Form of Authority must be given to the Spectrum Management Agency (SMA) no later than 4 p.m. on a business day that is at least 2 business days before the first day of the relevant allocation period, and this form must be delivered to the SMA at the address specified in the notice. Clause 18 now specifies the offices where the balance of the bid price must be paid, including the offices in Sydney, Canberra, and the capital city of the relevant state or territory. Additionally, Schedule 1 has been amended to include new areas such as Carnarvon, Karratha, Port Hedland, Newman, and Broome, each defined by a circular contour with a 50-kilometre radius. Schedule 2 further details the frequencies and channels for these new areas. The obligations imposed on parties or entities by this Act primarily revolve around timely and accurate submission of required forms and payments. For instance, applicants must ensure that their Applicant Registration Form is submitted by the deadline at the specified address. Similarly, entities involved in the allocation process must lodge the Form of Authority with the SMA in a timely manner, ensuring it is complete and legible. Payment of the balance of the bid price must be made at one of the designated offices, which include the SMA’s offices in Sydney, Canberra, and the relevant state or territory capitals. Compliance with these procedural requirements is essential to maintain the integrity of the licence allocation process. Breaches of the provisions within this Determination may lead to civil or administrative penalties. While the specific penalties are not detailed within the provided text, under the broader Radiocommunications Act 1992, penalties for non-compliance can include fines and other sanctions. The exact penalties would depend on the nature and severity of the breach, and could potentially include financial penalties, suspension or revocation of licences, and other corrective measures. It is essential for parties to adhere to the stipulated deadlines and submission requirements to avoid such consequences.