Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 10)

Overview

The Radiocommunications Act 1992 is a pivotal piece of Australian legislation enacted to regulate the use of the radio spectrum, ensuring efficient and effective management of radio communications services. This Act was introduced to address the growing need for a structured and coordinated approach to the allocation and use of radio frequencies, which are a finite and valuable resource. The Australian Communications Authority, now known as the Australian Communications and Media Authority (ACMA), was established under this Act to oversee the implementation and enforcement of the legislation, ensuring that radio communications services are provided in a manner that serves the public interest. The policy objective of the Act is to provide a regulatory framework that facilitates the use of the radio spectrum for a variety of services while preventing interference and promoting technological innovation. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, as amended, provides specific guidelines and parameters for the issuance of transmitter licences for narrowcasting services. This Determination, made under subsection 106(1) of the Radiocommunications Act 1992, was introduced to address the need for a detailed and region-specific approach to the allocation of frequencies for narrowcasting, which involves the transmission of radio signals to a limited geographic area. The 1996 Determination has undergone several amendments, with the most recent being Amendment No. 10 dated 27 March 2002, which updates the available transmitter areas and ranges of frequencies for various locations across Australia, reflecting changes in the demand for narrowcasting services and advancements in radio communication technology.

Scope and Application

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, as amended, applies to the issuance of broadcasting (narrowcasting) transmitter licences under the Radiocommunications Act 1992. This legislation primarily concerns entities and individuals seeking to operate narrowcasting services, which are a form of limited-range radio broadcasting, across specified geographic areas in Australia. The jurisdictional reach of this determination is nationwide, as it encompasses various regions within the Australian states and territories. The amendments introduced through this legislative instrument designate particular frequency ranges for narrowcasting operations in cities and towns across New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia, thereby extending the application of the original determination. The Act does not specify any exclusions or exemptions within the text, but it is understood that the licensing process and operational standards must be adhered to by all applicants and licensees. The application and scope of the Act may be further defined or restricted through additional subordinate instruments or regulations.

Key Provisions

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 10) primarily modifies the list of available transmitter areas and the corresponding ranges of frequencies for narrowcasting services in Australia. According to section 2.1 of the Determination, new areas and frequency ranges have been added. For instance, Gosford in New South Wales has been allocated a frequency range of 792 kHz to 810 kHz, while Brisbane in Queensland has been assigned 1044 kHz to 1062 kHz. Similarly, new areas in South Australia such as Barossa Valley and various locations in Tasmania, Victoria, and Western Australia have been allocated specific frequency ranges. These additions are designed to expand the availability of narrowcasting services across the country. Under the Radiocommunications Act 1992, the Australian Communications Authority (ACA) is tasked with managing the issue of broadcasting (narrowcasting) transmitter licences. The Amendment No. 10 requires entities applying for narrowcasting transmitter licences to adhere to the newly defined transmitter areas and frequency ranges. This ensures that the deployment of narrowcasting services is controlled and organised within specified parameters to prevent interference and optimise spectrum use. Furthermore, the Amendment mandates that any entity operating narrowcasting transmitters must comply with the specified frequency ranges for their respective locations, ensuring uniformity and effective spectrum management. The Amendment imposes obligations on entities to ensure their narrowcasting operations are within the designated areas and frequency ranges. Failure to comply with these provisions can result in legal consequences. Specifically, the Radiocommunications Act 1992 includes provisions for penalties, which can include fines and other enforcement actions. The exact penalties are not specified in the Amendment but are generally determined under the overarching Act, which may include civil or criminal penalties depending on the severity and intent of the breach. The penalties are designed to enforce compliance and maintain the integrity of the radiocommunications spectrum. The Amendment No. 10 does not explicitly state the maximum penalties for breaches but refers back to the Radiocommunications Act 1992. Under this Act, the penalties for contravening the terms of a licence can be significant. For instance, the Act provides for fines up to $11,000 for individuals and up to $55,000 for corporations, with additional penalties for repeat offences. In more severe cases, criminal penalties may apply, including imprisonment. These measures underscore the importance of adhering to the specified transmitter areas and frequency ranges to avoid legal repercussions.