Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008

Overview

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008, enacted by the Australian Communications and Media Authority (ACMA), was introduced to address the need for a fee to accompany applications for foundation category 1 digital radio multiplex transmitter licences, as required by the Radiocommunications Act 1992. This Act, passed by the Parliament, aims to facilitate the introduction of digital radio services by amending the Radiocommunications Act 1992 and the Broadcasting Services Act 1992, initially in the six state capital cities by 1 January 2009. The Determination sets a specific fee amount of $383 per application, which aligns with ACMA's estimated cost of processing the application, ensuring it does not amount to taxation. The fee determination was subjected to consultation with relevant stakeholders, and ACMA assessed the impact as low, deciding against the preparation of a Regulation Impact Statement or a Cost Recovery Impact Statement.

Scope and Application

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008 applies to applicants seeking a foundation category 1 digital radio multiplex transmitter licence under the Radiocommunications Act 1992. This legislation sets out the specific fee amount of $383 that must accompany an application to the Australian Communications and Media Authority (ACMA). The Act applies to entities, primarily broadcasters, that wish to operate digital radio services in the designated areas, initially in the six state capital cities. The fee is intended to cover the costs incurred by ACMA in processing the applications and is not considered a form of taxation. The fee is calculated based on ACMA's cost recovery guidelines, reflecting approximately two hours and twenty minutes of work per application. This Determination is applicable nationally, given the Commonwealth’s jurisdiction over radiocommunications. There are no stated exclusions or exemptions within the Determination itself, though the scope of the Act and related broadcasting legislation may impose additional conditions or requirements on applicants.

Key Provisions

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008 primarily outlines the fee that applicants must pay when applying for a foundation category 1 digital radio multiplex transmitter licence under the Radiocommunications Act 1992 (the Act). According to section 4 of the Determination, the fee amount is set at $383 per application (s 4). This fee is in line with the cost recovery guidelines set by the Australian Communications and Media Authority (ACMA), which calculated the fee based on the estimated two hours and twenty minutes of work required to process each application, multiplied by the cost recovery rate of $164 per hour (s 4). The Determination came into effect on the day following its registration, as stated in section 2 (s 2). The Act imposes specific obligations on applicants and ACMA. For applicants, the primary obligation is to submit the required fee alongside their application to ACMA (s 102C(2)(b)). This fee is necessary for the application to be considered. ACMA, on the other hand, has the duty to process the application and ensure that the fee amount is in accordance with the Determination. ACMA's role includes verifying the submission of the fee and, if adequate, proceeding with the assessment of the application against the criteria set out in section 102C of the Act (s 102C(8)). Breaches of the requirements set forth in the Determination or the Act may lead to various consequences. Although the Determination itself does not specify particular offences or penalties, the Act outlines the broader framework within which such breaches may be addressed. Under the Radiocommunications Act 1992, non-compliance with application requirements can result in refusal to issue a licence, administrative penalties, or other enforcement actions as deemed appropriate by ACMA. The exact penalties for breaches would depend on the specific nature and severity of the non-compliance, but they could potentially include fines or other civil or administrative sanctions as prescribed under the broader regulatory framework of the Act.