Radiocommunications (Charges) Amendment Determination 2004 (No. 2)

Overview

The Radiocommunications (Charges) Amendment Determination 2004 (No. 2) was enacted by the Australian Communications Authority under section 53 of the Australian Communications Authority Act 1997. This legislation aims to address the need for adjustments in the fees associated with certain radiocommunications licences. The Authority, acting on its mandate to regulate the sector, introduced this amendment to ensure that the charges reflect the current economic conditions and operational requirements for specific frequencies. This Determination specifically targets the adjustment of fees for fixed licences for the operation of a pair of point-to-point stations within the frequency range greater than 5.725 GHz and less than or equal to 5.825 GHz, setting a new fee of $6.60, and also includes adjustments in the issuing fee to $94.60. This amendment determination was designed to provide clarity and update the fee structure for these specific types of radiocommunications licences, ensuring they are both fair and reflective of the operational costs and market conditions at the time of enactment. The changes are effective from the date of notification in the Gazette, ensuring timely implementation and compliance by relevant stakeholders.

Scope and Application

The Radiocommunications (Charges) Amendment Determination 2004 (No. 2) is an Australian legislative instrument made under section 53 of the Australian Communications Authority Act 1997. This Determination applies to entities or individuals requiring a fixed licence for the operation of a pair of point-to-point stations within the specified frequency range of greater than 5.725 GHz and less than or equal to 5.825 GHz. The amendment introduces specific charges for these licences, as detailed in Schedule 1 and Schedule 2 of the Determination. The new charges are effective from the date of its notification in the Gazette and amend the Radiocommunications (Charges) Determination 2003 by adding new entries related to the specified frequency range. The Determination affects the telecommunications industry by updating licensing fees for certain radiocommunications services, thereby impacting those who operate within the amended frequency bands. There are no exclusions, exemptions, or thresholds specified in this Determination, which means the new charges apply universally to all relevant licensees.

Key Provisions

The Radiocommunications (Charges) Amendment Determination 2004 (No. 2) introduces amendments to the Radiocommunications (Charges) Determination 2003. Specifically, it modifies the fees associated with obtaining a fixed licence for the operation of a pair of point-to-point stations within the frequency range of 5.725 GHz to 5.825 GHz. Under section 3 of the Determination, new charges are introduced for this specific type of licence. For example, the fee for a fixed licence in this frequency range is set at $6.60, which is inserted into various paragraphs and subparagraphs within the existing charge schedule. Additionally, a new fee of $94.60 is introduced for the issuance of such a licence, which is added to the charge schedule as item 7.9A. The obligations imposed by this Determination primarily concern entities that seek to operate point-to-point stations within the specified frequency range. These entities must adhere to the new charges outlined in the amended charge schedule. The changes require these entities to pay the updated fees when applying for or receiving a fixed licence for their operations. This includes updating their billing and payment processes to reflect the new fee structure as set out in the Determination. Breaching the requirements set forth in the Radiocommunications (Charges) Amendment Determination 2004 (No. 2) can lead to various consequences. Although the Determination itself does not explicitly detail specific penalties or offences, non-compliance with legislative requirements can generally result in administrative or legal actions. Typically, under the Australian Communications Authority Act 1997, failure to adhere to legislative requirements might result in fines or other penalties as prescribed by the relevant laws. The maximum penalties would depend on the specific nature of the breach and could be determined by a court or tribunal under the broader legislative framework.