Radiocommunications (Interpretation) Amendment Determination 2001 (No. 2)
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 7 March 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. 2).
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 television outside broadcast system station
insert
temporary fixed link station means a station:
(a) that is operated under a fixed licence; and
(b) that is operated anywhere in Australia for a period of not more than 14 days; and
(c) that is operated on a frequency or frequencies in the range:
(i) 12.75 gigahertz to 13.25 gigahertz; or
(ii) 14.5 gigahertz to 15.35 gigahertz; or
(iii) 21.2 gigahertz to 23.6 gigahertz; and
(d) for which the ACA, or a person accredited under section 263 of the Act, undertakes coordination procedures for the purpose of minimising interference.
Overview
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 2) was enacted to address specific gaps in the Radiocommunications (Interpretation) Determination 2000. This determination was made by the Australian Communications Authority (ACA), now known as the Australian Communications and Media Authority (ACMA), under the authority granted by the Australian Communications Authority Act 1997 and various sections of the Radiocommunications Act 1992. The primary objective of this amendment was to update the definitions and interpretations related to radiocommunications, particularly introducing the concept of a "temporary fixed link station." This was to ensure that the regulations could accommodate modern communication needs and technologies, while also maintaining the balance between usage and interference minimisation.
The introduction of this amendment was crucial to refine the regulatory framework and address the evolving landscape of radiocommunications, ensuring that the definitions and operational parameters remain relevant and effective. By making these amendments, the ACA aimed to provide clarity and precise guidelines for the operation of temporary fixed link stations, thus enhancing the overall efficiency and effectiveness of the radiocommunications regulatory environment in Australia.
Scope and Application
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 2), made by the Australian Communications Authority under the Radiocommunications Act 1992, introduces amendments to the Radiocommunications (Interpretation) Determination 2000. This Determination applies nationally across Australia and is pertinent to any entity or individual operating temporary fixed link stations under a fixed licence for periods not exceeding 14 days within specified frequency ranges. These ranges include 12.75 gigahertz to 13.25 gigahertz, 14.5 gigahertz to 15.35 gigahertz, and 21.2 gigahertz to 23.6 gigahertz. The primary objective of this amendment is to ensure that coordination procedures are undertaken by the ACA or an accredited person to minimise interference. This Determination does not specify any exclusions or exemptions beyond the operational parameters and frequency ranges outlined, and it does not extend or restrict application through subordinate instruments.
Key Provisions
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 2) introduces a new definition into the Radiocommunications (Interpretation) Determination 2000. Specifically, it defines "temporary fixed link station" as a station operated under a fixed licence for a period of no more than 14 days within Australia, using specified frequency ranges (12.75 gigahertz to 13.25 gigahertz; 14.5 gigahertz to 15.35 gigahertz; or 21.2 gigahertz to 23.6 gigahertz). This definition is intended to clarify the types of stations that fall under the regulatory framework for radiocommunications in Australia. The determination specifies that such stations require coordination procedures to minimize interference, overseen by the Australian Communications Authority (ACA) or an accredited person under section 263 of the Act.
Entities and individuals operating temporary fixed link stations must comply with the newly defined parameters and ensure that coordination procedures are in place to manage potential interference. This includes obtaining the necessary fixed licence and adhering to the stipulated frequency ranges and operational duration. Additionally, operators must engage with the ACA or an accredited person to implement coordination measures that mitigate any adverse effects on other radiocommunications services.
Failure to comply with the provisions of this Determination could result in regulatory action. While the specific consequences are not detailed in the Determination, breaches of radiocommunications regulations can typically lead to enforcement actions such as fines, license revocation, or other penalties as prescribed by the Radiocommunications Act 1992. The ACA has the authority to take these actions to ensure compliance with the legislative intent and to maintain the integrity of the radiocommunications spectrum.