Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 54(1) of the Australian Communications Authority Act 1997 and section 5, paragraphs 7(1)(a) and (b), subsection 10A(1), paragraph 16(1)(ca), subsections 30(1), 32(1), 34(1) and 98(1), paragraphs 107(1)(f) and 108A(1)(e), subsections 115(1), 131AC(1) and 132(1), section 134, paragraphs 144(1)(c), (d) and (e) and 147(1)(c), (d) and (e) and subsection 300(1) of the Radiocommunications Act 1992.
Dated 13 February 2001
AJ SHAW
Chair
R HORTON
Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1).
2 Commencement
This Determination commences on gazettal.
3 Amendment of Radiocommunications (Interpretation) Determination 2000
Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendment
(section 3)
[1] Schedule 1, Dictionary, after cordless telephone service
insert
datacasting licence means a licence issued for a radiocommunications service comprising one or more stations that are operated for the purpose of delivering a datacasting service by means other than satellite.
datacasting service station means a station operated for the purpose of providing a datacasting service in the broadcasting services bands only.
[2] Schedule 1, Dictionary, definition of PMTS Class A
substitute
PMTS Class A means a Public Mobile Telecommunications Service Class A, being a service that consists of 2 or more land stations that are operated:
(a) under a PTS licence; and
(b) by a person who:
(i) holds a carrier licence; or
(ii) is declared by the ACA to be a nominated carrier under section 81 of the Telecommunications Act 1997; and
(c) for providing a public mobile telecommunications service; and
(d) on a frequency or frequencies in the range 870 megahertz to 890 megahertz; and
(e) if using AMPS technology, in accordance with an agreement that applies in an external Territory made under section 362 of the Telecommunications Act 1997.
Overview
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1) was enacted by the Australian Communications Authority (ACA) to address specific interpretative issues and fill gaps within the Radiocommunications (Interpretation) Determination 2000. This legislative instrument was introduced to ensure the definitions and interpretations of terms within the Radiocommunications Act 1992 and related legislation were clear and consistent. By amending the Radiocommunications (Interpretation) Determination 2000, the Determination provides precise definitions for terms such as "datacasting licence" and "datacasting service station," and it updates the definition of "PMTS Class A" to clarify the regulatory framework for public mobile telecommunications services. The policy objective is to enhance the clarity and enforceability of the radiocommunications legislation, thereby supporting effective regulation and service delivery within the sector.
Scope and Application
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1) is a legislative instrument made by the Australian Communications Authority (ACA) under the authority granted by various sections of the Radiocommunications Act 1992 and the Australian Communications Authority Act 1997. This Determination serves to amend the Radiocommunications (Interpretation) Determination 2000, thereby updating definitions pertinent to radiocommunications services and licences. The scope of this Determination applies to persons and entities involved in radiocommunications services, specifically those relating to datacasting and public mobile telecommunications services. It is a Commonwealth instrument, extending its reach across Australia. Notably, the Determination introduces new definitions such as "datacasting licence" and "datacasting service station," which pertain to services delivered by means other than satellite and stations operating in the broadcasting services bands, respectively. Additionally, it revises the definition of "PMTS Class A" to clarify the conditions under which a public mobile telecommunications service must be operated. The Determination does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1) amends the Radiocommunications (Interpretation) Determination 2000. The primary changes include the introduction of definitions for 'datacasting licence' and 'datacasting service station' in the Dictionary (Schedule 1, section 1). A datacasting licence is defined as a licence issued for a radiocommunications service comprising one or more stations that deliver a datacasting service by means other than satellite. A datacasting service station is defined as a station that provides a datacasting service in the broadcasting services bands only. Additionally, the Determination modifies the definition of 'PMTS Class A' (Schedule 1, section 2). PMTS Class A is now defined as a Public Mobile Telecommunications Service Class A, which involves 2 or more land stations operated under a PTS licence by a person holding a carrier licence or declared as a nominated carrier by the Australian Communications Authority, providing a public mobile telecommunications service on frequencies between 870 megahertz and 890 megahertz, and adhering to any applicable AMPS technology agreements in external territories.
This Amendment Determination imposes specific obligations on the entities governed by it. Licence holders and operators of datacasting service stations must comply with the newly defined terms and conditions, ensuring that their operations adhere to the statutory requirements for datacasting services. Furthermore, operators of PMTS Class A services must ensure that their operations are conducted under the specified licence conditions, frequency range, and any relevant agreements pertaining to AMPS technology in external territories.
Failure to comply with the provisions of the Amendment Determination may result in various consequences. While the Determination itself does not explicitly detail penalties, breaches of the underlying Radiocommunications Act 1992 could lead to enforcement actions by the Australian Communications Authority. Such actions may include administrative penalties, fines, or other regulatory measures. The specific penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework.