Commonwealth of Australia
Radiocommunications Act 1992
Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2)
The Australian Communications Authority makes this Determination under subsection 106 (1) of the Radiocommunications Act 1992.
Dated 24 September 1997.
A.J SHAW
Chairman
R HORTON
Deputy Chairman
Australian Communications Authority
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)
[Note: Note 2 after clause 2 should be omitted.]
3. Schedule (Available transmitter locations and ranges of frequencies)
3.1 Omit the Schedule, substitute:
SCHEDULE Clause 4
AVAILABLE TRANSMITTER areas AND
RANGES OF FREQUENCIES
Section 34 decision made on 15 August 1997
Area
| Range of frequencies |
Northern Territory |
Alice Springs | 95.8 to 96.0 MHz |
Darwin | 1233 to 1251 kHz |
Groote Eylandt | 103.6 to 103.8 MHz |
Jabiru | 103.6 to 103.8 MHz |
Katherine | 103.6 to 103.8 MHz |
Nhulunbuy | 103.6 to 103.8 MHz |
Pine Creek | 103.6 to 103.8 MHz |
Tennant Creek | 103.6 to 103.8 MHz |
Yulara | 97.2 to 97.4 MHz |
Queensland |
Barcaldine | 103.2 to 103.4 MHz |
Cloncurry | 103.6 to 103.8 MHz |
Cooktown | 103.2 to 103.4 MHz |
Mount Isa | 103.2 to 103.4 MHz |
Normanton | 103.2 to 103.4 MHz |
St George | 103.6 to 103.8 MHz |
Thursday Island | 103.6 to 103.8 MHz |
Weipa | 103.2 to 103.4 MHz |
Section 34 decision made on 18 September 1997
Area
| Range of frequencies |
New South Wales |
Bathurst | 100.8 to 101.0 MHz |
Cobar | 104.4 to 104.6 MHz |
Condobolin | 92.0 to 92.2 MHz |
Dubbo (city) | 90.2 to 90.4 MHz |
Lithgow (city) | 89.6 to 89.8 MHz |
Mudgee (town) | 90.8 to 91.0 MHz |
Orange | 106.6 to 106.8 MHz |
Parkes / Forbes | 91.4 to 91.6 MHz |
Victoria |
Bendigo | 936 to 954 kHz |
Swan Hill | 106.8 to 107.0 MHz |
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, and amended by the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1), made by the Spectrum Manager on 21 March 1997.
Overview
The Radiocommunications Act 1992 was enacted to provide for the regulation of radiocommunications in Australia, aiming to ensure efficient use of the radio spectrum and to facilitate the development of radiocommunication services. The Act addresses the need for a comprehensive regulatory framework that balances the interests of various stakeholders, including broadcasters, service providers, and the public. This legislation was introduced by the Commonwealth Parliament to establish a national scheme for the regulation of radiocommunications, thereby addressing gaps in previous legislation and ensuring a coordinated approach across jurisdictions. The policy objective of the Act is to promote the efficient use of the radio spectrum, to support the development of radiocommunication services, and to protect the interests of users and the public.
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2), made by the Australian Communications Authority under the Radiocommunications Act 1992, amends the original determination to update the available transmitter locations and ranges of frequencies for narrowcasting services. This amendment aims to reflect changes in technology and service requirements, ensuring that the licensing framework remains current and effective in supporting the provision of narrowcasting services across various regions in Australia. The determination was made to provide clarity and guidance on the specific areas and frequency ranges available for narrowcasting, thereby facilitating the issuance of transmitter licences and supporting the efficient operation of narrowcasting services.
Scope and Application
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2) pertains to the issuance of licences for narrowcasting transmitters in Australia. This legislative instrument applies to entities involved in narrowcasting operations, which include businesses and organisations that transmit radio signals to a limited geographical area for specific purposes such as local advertising, information dissemination, or community services. The determination outlines the specific areas and frequency ranges where narrowcasting transmitters can operate, thereby regulating the conduct and transactions related to these transmissions across various locations in the Northern Territory, Queensland, New South Wales, and Victoria. The amendments made through this legislative instrument refine and update the transmitter locations and frequency allocations, thereby extending its jurisdictional reach to these specific areas within the mentioned states and territories. There are no stated exclusions or exemptions within the scope of this determination, which is enforced under the overarching framework of the Radiocommunications Act 1992.
Key Provisions
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2) amends the original determination by updating the available transmitter locations and their corresponding frequency ranges, as outlined in the new Schedule (sections 3.1 and 3.2). The updated Schedule specifies the geographical areas and frequency ranges for narrowcasting transmitters across various regions in Australia, including Northern Territory, Queensland, New South Wales, and Victoria (section 3.2). This amendment is made under the authority granted by subsection 106(1) of the Radiocommunications Act 1992, and it effectively replaces the previous Schedule in the original determination (section 3.1).
The Amendment imposes obligations on applicants for broadcasting (narrowcasting) transmitter licences to ensure that their proposed transmitter locations and frequency ranges comply with the updated Schedule. It also requires the Australian Communications Authority to manage and allocate these frequencies according to the provisions outlined in the amended Schedule. The Amendment ensures that the allocation of frequencies is done in a manner that is consistent with the objectives of the Radiocommunications Act 1992, including the efficient use of the radio spectrum and the avoidance of harmful interference between different radio services (section 1).
Breach of the provisions of the Radiocommunications Act 1992, including the amended Determination, may result in various civil and criminal consequences. Offences under the Act can lead to fines and imprisonment, with the maximum penalties varying depending on the specific offence and the circumstances. For example, the Act provides for fines of up to $22,000 for individuals and $110,000 for bodies corporate for various offences related to the use of radiocommunications equipment without a licence or in a manner inconsistent with the licence conditions (section 164). Additionally, the Act provides for the imposition of administrative penalties, such as infringement notices, for certain minor offences, with penalties ranging from $330 to $660 for individuals and $1,650 to $3,300 for bodies corporate (section 166). It is important for parties and entities governed by the Act to ensure compliance with its provisions to avoid these potential consequences.