Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 11)

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of the radio spectrum in Australia, ensuring efficient and effective use of radio frequencies for various services including broadcasting and narrowcasting. This Act was introduced to address the need for a comprehensive legal framework governing radio communications to facilitate technological advancements and meet the growing demands for spectrum usage. The Australian Communications Authority, now known as the Australian Communications and Media Authority (ACMA), was established under this Act to administer and enforce the provisions related to radiocommunications. The policy objective of the Act is to promote the optimal use of the radio spectrum for the benefit of the Australian community while maintaining the quality and reliability of radio services. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 11), made by the Australian Communications Authority on 13 October 2004, updates the available transmitter areas and frequency ranges for narrowcasting services in specific regions of Queensland, thereby aligning the regulatory framework with contemporary needs and technological developments.

Scope and Application

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, as amended by the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 11), applies to the issuance of broadcasting (narrowcasting) transmitter licences in specified areas across Australia. The Act falls under the jurisdiction of the Commonwealth of Australia, governed by the Radiocommunications Act 1992, and is administered by the Australian Communications Authority. This legislative instrument specifies the available transmitter areas and ranges of frequencies for narrowcasting transmitters, thereby directly impacting entities and individuals engaged in narrowcasting activities within the designated areas. The amendment, dated 13 October 2004, updates the available frequency ranges for narrowcasting transmitters in Queensland, including Blair Athol, Inglewood, Port Douglas, and Tully, thereby extending the scope of the legislation to ensure efficient and regulated use of radio frequencies for narrowcasting services in these locations.

Key Provisions

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 11) made by the Australian Communications Authority on 13 October 2004 amends the existing Determination to update the available transmitter areas and the ranges of frequencies for narrowcasting licences in various parts of Queensland. This amendment is specifically set out in the Schedule of the Determination, which now includes new areas such as Blair Athol, Inglewood, Port Douglas, and Tully, with their respective frequency ranges (paragraph 2.1). These updates reflect changes in the allocation of radio frequencies for narrowcasting services. Entities seeking to obtain or renew a broadcasting (narrowcasting) transmitter licence must adhere to the updated transmitter areas and frequency ranges specified in the amended Determination. This includes ensuring that their proposed transmitter locations fall within the newly designated areas and that the frequencies they intend to use are within the specified ranges (section 34). Licence applicants must also comply with any additional requirements or conditions set out in the Radiocommunications Act 1992 and any other relevant regulations. Failure to comply with the updated transmitter areas and frequency ranges specified in the Determination may result in the refusal of a licence application or the revocation of an existing licence. Additionally, unauthorised use of radio frequencies for narrowcasting purposes can lead to enforcement actions under the Radiocommunications Act 1992. The penalties for contravening the Act can include fines, imprisonment, or both, depending on the nature and severity of the breach. For example, section 127 of the Act provides for fines of up to $22,200 for individuals and $111,000 for bodies corporate for offences related to the unauthorised use of radio frequencies.