Commonwealth of Australia
Radiocommunications Act 1992
Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 4)
The Australian Communications Authority makes this Determination under subsection 106 (1) of the Radiocommunications Act 1992.
Dated 24 April 1998.
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. Schedule (Available transmitter areas and ranges of frequencies)
2.1 Add at the end:
PART 3
Section 34 decision made on 2 April 1998
New South Wales
Albury 1287 to 1305 kHz
Albury 99.2 to 99.4 MHz
Berrigan 104.4 to 104.6 MHz
Corowa 94.8 to 95.0 MHz
Culcairn 92.4 to 92.6 MHz
Deniliquin 106.0 to 106.2 MHz
Finley 104.4 to 104.6 MHz
Henty 94.8 to 95.0 MHz
Holbrook 99.2 to 99.4 MHz
Jerilderie 94.8 to 95.0 MHz
Moama 92.4 to 92.6 MHz
Mulwala 92.4 to 92.6 MHz
Tocumwal 92.4 to 92.6 MHz
Wakool 92.4 to 92.6 MHz
Victoria
Benalla 99.2 to 99.4 MHz
Euroa 99.2 to 99.4 MHz
Seymour 99.2 to 99.4 MHz
Shepparton 1404 to 1422 kHz
Wangaratta 99.2 to 99.4 MHz
Section 34 decision made on 2 April 1998
Queensland
Atherton 88.6 to 88.8 MHz
Atherton 99.0 to 99.2 MHz
Ayr 97.0 to 97.2 MHz
Biloela 90.0 to 90.2 MHz
Bowen 93.4 to 93.6 MHz
Bundaberg 95.4 to 95.6 MHz
Bundaberg 97.0 to 97.2 MHz
Charters Towers 96.6 to 96.8 MHz
Dysart 90.8 to 91.0 MHz
Emerald 92.2 to 92.4 MHz
Ingham 96.8 to 97.0 MHz
Innisfail 97.2 to 97.4 MHz
Mackay 93.8 to 94.0 MHz
Mackay 103.4 to 103.6 MHz
Maryborough 92.2 to 92.4 MHz
Middlemount 94.0 to 94.2 MHz
Moranbah 96.8 to 97.0 MHz
Mossman 90.8 to 91.0 MHz
Proserpine 96.2 to 96.4 MHz
Rockhampton 92.6 to 92.8 MHz
Rockhampton 99.8 to 100.0 MHz
Saraji 92.0 to 92.2 MHz
Sarina 93.4 to 93.6 MHz
Tieri 92.0 to 92.2 MHz
Townsville 98.8 to 99.0 MHz
Tully 93.8 to 94.0 MHz
NOTE
1. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 was made by the Spectrum Management Agency on 30 October 1996, and amended by:
(a) the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1) made by the Spectrum Management Agency on 21 March 1997; and
(b) the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2) made by the ACA on 24 September 1997; and
(c) the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 3) made by the ACA on 13 March 1998.
Overview
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 4) was enacted to address the need for updating the available transmitter areas and ranges of frequencies for narrowcasting in Australia. This determination, made by the Australian Communications Authority (ACA) on 24 April 1998, amends the original 1996 determination to include new areas and frequency ranges in New South Wales, Victoria, and Queensland. This update responds to the evolving landscape of radiocommunications and the increasing demand for efficient use of the radio spectrum. The ACA's policy objective is to ensure that the allocation of frequencies for narrowcasting is managed in a manner that supports innovation and growth in the broadcasting sector while maintaining the integrity and efficiency of the radio spectrum.
Scope and Application
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 4) pertains to the issuance of broadcasting (narrowcasting) transmitter licences under the Radiocommunications Act 1992. This determination applies to individuals and entities seeking to operate narrowcasting transmitters in specified areas within Australia. Narrowcasting refers to the transmission of information to a limited geographical area, which is distinct from traditional broadcasting. The amendment delineates specific geographic locations and frequency ranges where such narrowcasting activities are permissible, thereby providing clear guidelines for potential broadcasters within the designated areas. The amendment extends the application of the Act by specifying additional areas and frequency ranges, which are incorporated through subordinate instruments to refine and expand the scope of the legislation. The Act applies nationally across Australia, with specific provisions for designated areas in New South Wales, Victoria, and Queensland, as outlined in the amendment. This legislative instrument does not specify exclusions, exemptions, or thresholds; instead, it focuses on detailing where and under what conditions narrowcasting activities can be legally conducted.
Key Provisions
The main operative sections of the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 4) are those that detail the amendment to the available transmitter areas and ranges of frequencies for narrowcasting services in certain areas across Australia. This amendment, as specified in the Schedule, adds new areas and frequency ranges for narrowcasting in New South Wales, Victoria, and Queensland. The determination ensures that these areas are now eligible for narrowcasting services, expanding the scope of where such services can be provided (section 2).
The obligations imposed by this Determination on the parties and entities it governs include ensuring compliance with the newly specified transmitter areas and frequency ranges. Transmitters operating within these areas must adhere to the stipulated frequencies to avoid interference with other radio services. Additionally, any entity wishing to operate a narrowcasting transmitter in these newly designated areas must apply for a transmitter licence as per the requirements outlined in the Radiocommunications Act 1992. This includes submitting relevant documentation and meeting the criteria set forth by the Australian Communications Authority (ACA).
Breaches of the provisions set out in this Determination can lead to various civil and criminal consequences. The Radiocommunications Act 1992 provides for penalties for non-compliance, which can include fines and other sanctions. Specifically, under section 127 of the Act, unauthorised use of radiocommunication apparatus or interference with authorised apparatus can result in penalties. The maximum penalty for an individual is generally a fine not exceeding $5,000 for a first offence and $10,000 for subsequent offences. For a corporation, the fines can be significantly higher, with penalties escalating based on the severity and repeat nature of the offence. These penalties underscore the importance of adhering to the specified transmitter areas and frequency ranges to avoid legal repercussions.