Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 5)

Overview

The Radiocommunications Act 1992 was enacted to regulate radiocommunications in Australia, addressing the need for efficient and effective management of radio spectrum resources. The Act provides a framework for the licensing and regulation of radiocommunications services, including broadcasting and narrowcasting. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 5), made by the Australian Communications Authority on 25 September 1998, amends the original determination to update the available transmitter areas and ranges of frequencies for narrowcasting services. The policy objective of these amendments is to ensure that the radio spectrum is used efficiently and effectively, and to support the growth of the narrowcasting industry in Australia. The amendments reflect changes in technology and demand for radiocommunications services, and are intended to facilitate the provision of new and innovative services to Australian consumers.

Scope and Application

The Radiocommunications Act 1992, through its various determinations and amendments, governs the issuance of broadcasting (narrowcasting) transmitter licenses in Australia, specifically addressing the allocation of frequency ranges for narrowcasting services in different regions. The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 5), issued under the authority of the Act, applies to entities seeking to operate narrowcasting transmitters within the specified geographic areas and frequency ranges. This determination outlines the available transmitter areas and frequency ranges for narrowcasting services in various parts of New South Wales and Queensland, ensuring that these services do not interfere with other radiocommunications. The determination is part of a broader legislative framework that extends across the Commonwealth, impacting all entities within the designated areas and operating within the specified frequency ranges. While the primary focus is on the operational parameters for narrowcasting, the Act and its subordinate instruments do not explicitly state exclusions or exemptions, suggesting a comprehensive application to all relevant entities within the defined scope.

Key Provisions

The main operative sections of this Determination, under the Radiocommunications Act 1992, amend the existing Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996. Specifically, it introduces new areas and frequency ranges for narrowcasting transmitter licences in various regions of New South Wales and Queensland, effective as of 10 September 1998. The amendment adds new transmitter locations and associated frequency ranges to the schedule, enhancing the availability of narrowcasting services in these areas. The Act imposes certain obligations and requirements on entities seeking to issue narrowcasting transmitter licences. These include ensuring compliance with the specified frequency ranges and areas outlined in the amended schedule. Transmitters must adhere to these parameters to avoid interference with other radiocommunication services. Additionally, applicants must comply with all other relevant provisions of the Radiocommunications Act 1992 and any other applicable legislation. Breaches of the provisions outlined in this Determination may result in various civil or criminal consequences. While specific offences and penalties are not detailed in this text, it is likely that any non-compliance with the Act or the Determination could lead to enforcement actions. Penalties for breaches of the Radiocommunications Act 1992 typically include fines and potential revocation of transmitter licences. The exact penalties would be determined in accordance with the broader legislative framework governing radiocommunications in Australia.