Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 3)

Overview

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 3) was made by the Australian Communications Authority under subsection 106 (1) of the Radiocommunications Act 1992. This amendment was introduced to address the need for adjustments in the available transmitter areas and ranges of frequencies for narrowcasting services, particularly in Tasmania. The policy objective behind this amendment was to ensure that the allocation of frequencies for narrowcasting aligns with the evolving technological landscape and meets the demand for additional broadcasting services within specified geographic areas. This legislative instrument amends the previous determinations by adding a new section for Tasmania, specifically allocating the range of frequencies from 1071 to 1089 kHz for Hobart. This change was necessitated by the need to expand the availability of narrowcasting services in certain regions, thereby enhancing the accessibility and diversity of broadcasting options for the public. The amendment reflects a commitment to updating regulatory frameworks to accommodate new broadcasting needs while maintaining efficient spectrum management.

Scope and Application

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 3) is a legislative instrument under the Radiocommunications Act 1992, governing the issuance of narrowcasting transmitter licences within the Commonwealth of Australia. This determination applies to entities or individuals seeking to operate narrowcasting services, which are typically used for information dissemination in specific areas or to targeted audiences, such as paging services, closed-circuit television, and other local information services. The amendment specifically pertains to the geographic reach by adding a new transmitter area in Tasmania, specifically in Hobart, and assigning it a range of frequencies from 1071 to 1089 kHz. The amendment reflects the ongoing administrative adjustments overseen by the Australian Communications Authority, which now administers the licensing under the Act. There are no exclusions or exemptions specified within this particular determination, and it extends the scope of the original determination to include the newly specified area and frequency range.

Key Provisions

The main operative sections of this determination concern the amendment to the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, specifically adding a new available transmitter area and frequency range in Tasmania. This amendment is made under subsection 106(1) of the Radiocommunications Act 1992. The newly added area is Hobart, with frequencies ranging from 1071 to 1089 kHz. This is intended to facilitate the issue of broadcasting (narrowcasting) transmitter licences in the specified area, thus expanding the reach and potential usage of narrowcasting services. Entities or individuals seeking to operate narrowcasting transmitters in the newly specified area of Hobart must adhere to the requirements set forth by the amended determination. This includes ensuring compliance with all relevant provisions of the Radiocommunications Act 1992 and any other applicable regulations. They must also apply for and obtain the necessary transmitter licences from the Australian Communications Authority, as mandated by the Act. This process involves submitting an application, possibly including technical details about the proposed transmitter, and complying with any conditions imposed by the Authority. Failure to comply with the requirements set out in the amended determination and the Radiocommunications Act 1992 could result in various consequences. Offences under the Act may lead to enforcement actions, which can include fines and other penalties. For example, operating a transmitter without a valid licence could result in a fine as specified under the Act. The exact penalties for non-compliance are detailed in the Act itself, which may include both civil and criminal sanctions depending on the severity and nature of the breach. In summary, this amendment expands the scope of the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 by including Hobart, Tasmania, within the areas eligible for narrowcasting transmitter licences. It imposes obligations on applicants to comply with the Act and obtain necessary licences. Non-compliance can lead to enforcement actions, fines, and other penalties as outlined in the Radiocommunications Act 1992.