Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 2 of 1994

Overview

The Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 2 of 1994 was made under the authority of the Radiocommunications Act 1992 to address the need for specific frequency allocations for Multipoint Distribution Services (MDS) in the Canberra area. This legislative instrument, enacted by the Spectrum Management Agency, represents an amendment to the 1994 determination, effectively updating and refining the frequency allocations to better suit the needs of service providers in the region. The policy objective of this determination is to ensure efficient and effective use of the radio spectrum, which is critical for the provision of quality communication services, while also preventing interference between different services operating in the same area.

Scope and Application

The Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 2 of 1994 is a legislative instrument made under the Radiocommunications Act 1992, which governs the allocation of multipoint distribution station (MDS) licences within the Commonwealth of Australia. This particular determination modifies the previous Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 1 of 1994 by adjusting the frequencies and channels assigned for the Canberra area, as specified in the Schedule. It applies to entities and persons who hold or seek to hold an MDS licence for the distribution of radiocommunication services in the specified area, thus impacting telecommunications providers and broadcasters who operate within these frequencies. The amendment is confined to the Canberra area and does not alter allocations in other regions. This determination ensures that the specified frequencies are appropriately allocated for MDS use, adhering to the overarching regulatory framework established by the Radiocommunications Act 1992.

Key Provisions

The Radiocommunications (Allocation of Multipoint Distribution Station Licences) Determination No. 2 of 1994 amends the previous determination of the same name, specifically modifying the frequencies and channels allocated for multipoint distribution stations (section 3.1). The new allocation replaces the previous allocation for the Canberra area, providing updated frequency ranges to ensure efficient and non-interference use of the radio spectrum. The frequencies now allocated span from 2131 MHz to 2400 MHz, with specific exclusions noted within this range (section 3.1). Entities or individuals operating multipoint distribution stations in the Canberra area must comply with the new frequency allocations specified in this determination. This includes ensuring that their equipment and operations adhere to the designated frequency ranges to avoid interference with other radiocommunication services. Operators must also ensure that their licences are updated to reflect these changes, as the allocation of frequencies directly impacts the operational parameters of their licences (section 3). Failure to comply with the frequency allocations specified in this determination can result in significant consequences. Operators may face penalties for non-compliance, which could include fines or other administrative actions. Additionally, continued operation outside the allocated frequencies may lead to interference with other radiocommunication services, potentially resulting in further penalties or the revocation of their licence. The specific penalties are not detailed within the text of the determination, but they are likely to be outlined in the broader provisions of the Radiocommunications Act 1992 (section 4). In summary, the determination requires adherence to new frequency allocations for multipoint distribution stations in the Canberra area, with strict compliance necessary to avoid penalties and ensure the efficient use of the radio spectrum. Operators must update their equipment and licences accordingly, and failure to do so could result in fines or other enforcement actions.