Australian Communications Authority
Radiocommunications Act 1992
Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence–– Allocation) Amendment Determination 2002 (No.1)
The Australian Communications Authority, under subsection 106(1) of the Radiocommunications Act 1992, determines the following procedures to be applied in allocating broadcasting (low power open narrowcasting) transmitter licences by a price-based allocation system.
Dated 28 February 2002.
A.J. SHAW
Chair
R.HORTON
Deputy Chair
Australian Communications Authority
______________
Australian Communications Authority
Radiocommunications Act 1992
1. Name of Determination
This Determination is the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Amendment Determination 2002 (No.1).
2. Commencment
This Determination commences on 1 March 2002.
3. Amendment of Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence— Allocation) Determination 2001
Schedule 1 amends the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Determination 2001.
Schedule 1 Amendment
[1] Section 2.1
Substitute
2.1 Publication of notice by ACA
(1) Before holding an allocation, the ACA must publish a notice in any way that the ACA deems appropriate:
(a) containing an invitation to apply for potential transmitter licences for LPON services to be determined under the planning model; and
(b) giving a brief description of the way the allocation will be conducted; and
(c) stating the closing date and time for applications; and
(d) stating the lots will be determined and allocated in accordance with this Determination; and
(e) stating that an applicant may bid only on a lot that has been nominated by that applicant in response to the invitation and determined under the planning model; and
(f) stating that further information (the Applicant Information Package) can be obtained from the ACA at the address given in the notice.
(2) If there is a change in a matter mentioned in the notice, the ACA must publish another notice giving details of the change in any way that the ACA deems appropriate.
(3) The ACA may also publish other information about allocations in any way that the ACA deems appropriate.
Overview
The Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Amendment Determination 2002 (No.1) was enacted to amend the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Determination 2001, aiming to establish clear procedures for the allocation of broadcasting (low power open narrowcasting) transmitter licences through a price-based allocation system. This legislative instrument was introduced by the Australian Communications Authority, pursuant to subsection 106(1) of the Radiocommunications Act 1992, to address procedural gaps in the allocation process. The key objective of this amendment is to ensure transparency and fairness in the allocation process by requiring the ACA to publish notices inviting applications for potential transmitter licences, providing details on the allocation process, and allowing for adjustments if necessary. This amendment helps maintain orderly and efficient management of radiocommunication resources.
Scope and Application
The Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Amendment Determination 2002 (No.1) amends the existing Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Determination 2001, coming into effect on 1 March 2002. This Determination applies to the allocation of broadcasting (low power open narrowcasting) transmitter licences under the Radiocommunications Act 1992. It specifically mandates that the Australian Communications Authority (ACA) must publish notices inviting applications for these licences, detailing the allocation process, the closing date for applications, and the criteria for lot determination and allocation. The Amendment Determination also allows the ACA to publish additional information regarding the allocation process as deemed appropriate. This legislative instrument primarily affects entities and individuals applying for low power open narrowcasting transmitter licences, operating within the Commonwealth jurisdiction. The Amendment Determination does not explicitly state exclusions or exemptions but operates under the broader framework of the Radiocommunications Act 1992.
Key Provisions
The Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Amendment Determination 2002 (No.1) primarily focuses on amending the allocation procedures for low power open narrowcasting (LPON) transmitter licences through a price-based system. This Amendment Determination (sections 2.1 and Schedule 1) amends the earlier Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence—Allocation) Determination 2001. Section 2.1 of the amended determination outlines the procedures for the Australian Communications Authority (ACA) to follow before allocating LPON transmitter licences.
The ACA is required to publish a notice inviting applications for potential transmitter licences for LPON services. This notice must include an invitation to apply, a description of the allocation process, the closing date and time for applications, and details of how lots will be determined and allocated. Additionally, applicants can only bid on lots that they have nominated in response to the invitation and that have been determined under the planning model. The notice must also inform applicants that further information can be obtained from the ACA. If there are any changes to the matters mentioned in the initial notice, the ACA must publish another notice detailing these changes. The ACA may also publish other relevant information about allocations at their discretion.
Entities or parties subject to this Determination must comply with the requirements set out by the ACA for the allocation of LPON transmitter licences. This includes adhering to the timelines and procedures for submitting applications, bidding on designated lots, and complying with any additional information or changes published by the ACA. Non-compliance with these procedures may result in an invalid application or allocation.
Breaches of the provisions outlined in this Determination may lead to various consequences. While the Determination itself does not explicitly state penalties or specific consequences for non-compliance, the Radiocommunications Act 1992 and other related legislation may provide for civil or criminal penalties for violations. These could include fines or other sanctions as prescribed by the relevant laws. The exact penalties would depend on the nature and severity of the breach, as well as any applicable provisions in the broader legislative framework governing radiocommunications in Australia.