Commonwealth of Australia
Radiocommunications Act 1992
Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1)
I, Christine Mary Goode, Spectrum Manager, acting on behalf of the Spectrum Management Agency, make the following Determination under subsection 106 (1) of the Radiocommunications Act 1992.
Dated 21 March 1997.
Christine M. Goode
Spectrum Manager
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1. Amendment
1.1 The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences Determination No. 1 of 19961 is amended as set out in this Determination.
2. Clause 2 (Purpose)
2.1 Clause 2:
Omit “the section 34 decision.”, substitute “a section 34 decision.”.
3. Clause 4 (Interpretation)
3.1 Subclause 4 (1), definition of “Broadcasting (Narrowcasting) Transmitter Licence”:
Omit “the section 34 decision;”, substitute “a section 34 decision and specified in the Schedule;”.
3.2 Subclause 4 (1), definition of “section 34 decision”:
Omit “the decision made by the ABA on 29 October 1996,”, substitute “a decision made by the ABA on a date specified in the Schedule,”.
4. Clause 27 (Payment of balance of price)
4.1 Omit subclause 27 (2), substitute:
“(2) If the nominated applicant does not comply with subclause (1), the nominated applicant:
(a) ceases to be the nominated applicant for the licence at the end of the business day after the Licence Allocation Exercise was held; and
(b) is not entitled to a refund of the deposit paid under clause 25.”.
5. Schedule (Available transmitter locations and ranges of frequencies)
5.1 Omit the Schedule, substitute:
“SCHEDULE Clause 4
AVAILABLE TRANSMITTER LOCATIONS AND
RANGES OF FREQUENCIES
PART 1—SECTION 34 DECISION ON 29 OCTOBER 1996
NORTHERN TERRITORY
LOCATION | RANGE OF FREQUENCIES
|
Alice Springs | 107.0 to 107.2 MHz |
Katherine | 96.4 to 96.6 MHz |
Tennant Creek | 104.4 to 104.6 MHz |
Yulara | 105.2 to 105.4 MHz |
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PART 2—SECTION 34 DECISION ON 6 MARCH 1997
NEW SOUTH WALES
LOCATION | RANGE OF FREQUENCIES
|
Bourke | 96.0 to 96.2 MHz |
Bourke | 94.4 to 94.6 MHz |
Brewarrina | 96.0 to 96.2 MHz |
Brewarrina | 94.4 to 94.6 MHz |
Collarenebri | 97.0 to 97.2 MHz |
Collarenebri | 95.4 to 95.6 MHz |
Lightning Ridge | 98.4 to 98.6 MHz |
Walgett | 97.8 to 98.0 MHz |
Walgett | 99.4 to 99.6 MHz |
Wilcannia | 96.6 to 96.8 MHz |
Wilcannia | 98.2 to 98.4 MHz |
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VICTORIA
LOCATION | RANGE OF FREQUENCIES
|
Mildura | 89.0 to 89.2 MHz |
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WESTERN AUSTRALIA
LOCATION | RANGE OF FREQUENCIES
|
Albany | 93.6 to 93.8 MHz |
Albany | 104.8 to 105.0 MHz |
Bunbury | 1008 to 1026 kHz |
Busselton | 1395 to 1413 kHz |
Manjimup | 1368 to 1386 kHz |
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PART 3—SECTION 34 DECISION ON 7 MARCH 1997
WESTERN AUSTRALIA
LOCATION | RANGE OF FREQUENCIES
|
Broome (TV service) | 575 to 582 MHz |
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NOTE
1. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 was made by the Spectrum Manager on 30 October 1996.
Overview
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1) was made by Christine Mary Goode, the Spectrum Manager, on behalf of the Spectrum Management Agency under subsection 106(1) of the Radiocommunications Act 1992. The amendment aims to update the original determination by clarifying and adjusting various provisions related to the issue of broadcasting (narrowcasting) transmitter licences. This includes modifying definitions, updating the list of available transmitter locations and frequency ranges, and altering the conditions for payment of the balance of the licence price. The policy objective of the amendment is to ensure that the process for issuing narrowcasting transmitter licences remains efficient and aligned with the current legislative framework.
Scope and Application
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, as amended by the 1997 Amendment, applies to the issuance of broadcasting (narrowcasting) transmitter licences within the Commonwealth of Australia. The legislation pertains to the specific allocation of transmitter locations and frequency ranges for narrowcasting, which is a form of radio broadcasting targeted to a specific geographical area. This determination is pertinent to entities or individuals seeking to operate narrowcasting services in the designated areas and frequencies. The amendments specify the process for issuing such licences, including the payment of licence fees and the consequences for non-compliance, thereby providing a clear framework for the management and allocation of radio spectrum resources. The determination outlines specific locations and frequency ranges in various Australian states and territories, thereby defining the geographic scope of the licences issued under this legislation. This legal instrument extends its application through the specified transmitter locations and frequency ranges, which are detailed in the amended Schedule of the Determination.
Key Provisions
The main operative sections of the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1) include Clause 2, which amends the purpose of the Determination; Clause 4, which provides definitions of key terms used in the Determination; Clause 27, which outlines the payment requirements for applicants; and the Schedule, which lists available transmitter locations and ranges of frequencies. These sections collectively revise and update the original Determination made in 1996, providing new and amended details relevant to the issuance of broadcasting (narrowcasting) transmitter licences.
The obligations and requirements imposed by this Act on the parties or entities it governs include the need for nominated applicants to comply with payment requirements within specified timelines. As per Clause 27(2), failure to comply with the payment requirements disqualifies the applicant from being the nominated applicant for the licence and forfeits any entitlement to a refund of the deposit paid under Clause 25. Additionally, the updated Schedule provides specific transmitter locations and frequency ranges that are now available for licensing under the amended Determination.
In terms of offences, penalties, or civil/criminal consequences for breach, the Determination does not explicitly state any criminal offences or penalties. However, the consequences for non-compliance are significant, including the loss of eligibility to be the nominated applicant for the licence and the forfeiture of any paid deposit. Such consequences ensure that applicants adhere to the payment requirements and other stipulations outlined in the Determination. The penalties for breach are therefore primarily financial, with the forfeiture of the deposit serving as a deterrent against non-compliance.