Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence – Gold Coast) Declaration 2020

Overview

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence – Gold Coast) Declaration 2020 was enacted by the Australian Communications and Media Authority (ACMA) under subsection 98C(1) of the Radiocommunications Act 1992. This notifiable instrument was introduced to formally designate a particular category 1 digital radio multiplex transmitter licence for the Gold Coast region as a foundation category 1 digital radio multiplex transmitter licence, thereby ensuring the provision of essential digital radio services in the area. This declaration aims to support the efficient and reliable operation of digital radio services in the Gold Coast, aligning with the broader policy objectives of the Radiocommunications Act 1992 to facilitate effective communication infrastructure across Australia. The declaration took effect on the later of the day after its registration or immediately after the commencement of the Radiocommunications (Digital Radio Channels – Queensland) Plan Variation 2020 (No. 1).

Scope and Application

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence – Gold Coast) Declaration 2020 applies to a category 1 digital radio multiplex transmitter licence in the Gold Coast RA1 radio area, as designated by the Australian Communications and Media Authority (ACMA). This declaration specifically recognises a proposed licence as a foundation category 1 digital radio multiplex transmitter licence, aligning with the requirements and definitions outlined in the Radiocommunications Act 1992. The geographic scope of this declaration is limited to the Gold Coast RA1 licence area, a specified region identified in the Licence Area Plan – Gold Coast Radio. The declaration is effective from the later of either the day after its registration or immediately after the commencement of the Radiocommunications (Digital Radio Channels – Queensland) Plan Variation 2020 (No. 1). This instrument, made under the authority granted by subsection 98C(1) of the Act, aims to formalise and clarify the status of the transmitter licence in question, ensuring it meets the criteria for a foundation category 1 digital radio multiplex transmitter licence.

Key Provisions

The Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter Licence – Gold Coast) Declaration 2020 (sections 1-5) establishes the specific licence under consideration, its commencement date, the authority under which it is made, and provides necessary definitions. Section 1 names the Declaration, while section 2 details its commencement, which is either the day after it is registered or immediately after the Radiocommunications (Digital Radio Channels – Queensland) Plan Variation 2020 (No. 1) comes into effect. Section 3 identifies the Radiocommunications Act 1992 as the legislative basis for the Declaration, and section 4 defines key terms such as 'Act' and 'Gold Coast RA1'. Section 5 is the core provision, declaring the specified category 1 digital radio multiplex transmitter licence for the Gold Coast RA1 licence area to be a foundation category 1 digital radio multiplex transmitter licence. Under the Radiocommunications Act 1992, the Australian Communications and Media Authority (ACMA) is tasked with managing and regulating radiocommunications. The obligations placed on the ACMA by this Declaration include the formal declaration of the category 1 digital radio multiplex transmitter licence as a foundation category 1 digital radio multiplex transmitter licence, as specified in section 5. This involves ensuring that the transmitter specified in Attachments 2.1 and 2.2 of the Radiocommunications (Digital Radio Channels – Queensland) Plan 2007 is recognised under the new category. The Declaration also mandates that all necessary documentation and updates be maintained and made available to the public, ensuring transparency and compliance with the Radiocommunications Act. Failure to comply with the provisions of this Declaration or the Radiocommunications Act 1992 may result in various legal consequences. While specific offences and penalties are not detailed within this Declaration, breaches of the Radiocommunications Act can result in significant civil or criminal penalties. For instance, section 132 of the Act provides for penalties for contravening licence conditions, which can include fines up to $1,100,000 for corporations and $220,000 for individuals, as well as potential imprisonment terms. Additionally, the Act includes provisions for the Australian Communications and Media Authority to take enforcement actions, including the suspension or revocation of licences, to ensure compliance with the regulatory framework.