Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 6)

Overview

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 6) was made under subsection 106(1) of the Radiocommunications Act 1992 by the Australian Communications Authority on 22 October 1998. This legislative instrument was introduced to amend the original determination to update the available transmitter areas and ranges of frequencies for narrowcasting services across various regions in Australia. The policy objective of this amendment was to provide clearer and more specific guidelines for broadcasters operating in these designated areas, ensuring efficient use of the radio spectrum and better service provision to the public. The Australian Communications Authority, as the enacting body, updated the previously established transmitter areas and frequency ranges to reflect the growing demand for narrowcasting services and to ensure that the spectrum was allocated in a manner that avoided interference and optimised service quality. This amendment is part of a series of adjustments made to the original determination, reflecting the dynamic nature of radiocommunications and the need for ongoing regulatory updates.

Scope and Application

The Radiocommunications Act 1992 governs the regulation of radiocommunications in Australia, including the issuance of transmitter licences for broadcasting narrowcasting services. This legislative framework applies to entities and individuals involved in the provision of narrowcasting services within designated areas and frequency ranges. The geographic scope of this Act extends across various states in Australia, including New South Wales, Queensland, and Victoria, with specific allocations of frequency ranges for locations such as Albury, Mackay, Rockhampton, Townsville, and Seymour. The Act’s application is further detailed and refined through subordinate instruments such as the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, which has been subject to multiple amendments since its inception. These amendments, including the one dated 22 October 1998, add or modify available transmitter areas and frequency ranges, ensuring that the legislation remains current and relevant to technological and operational changes in the narrowcasting industry.

Key Provisions

The main operative sections of the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 6) pertain to the amendment of the available transmitter areas and their respective ranges of frequencies. This Amendment, which was made on 22 October 1998, is focused on the addition of new areas and frequencies for narrowcasting transmitter licences. Section 1 of the Amendment states that the previous Determination from 1996 is being amended. Section 2 of the Amendment introduces new areas for narrowcasting, including specific frequency ranges in Albury (New South Wales), Mackay, Rockhampton, and Townsville (Queensland), and Seymour (Victoria). The obligations and requirements imposed by this Amendment on the parties or entities it governs involve adherence to the newly specified transmitter areas and frequency ranges. Entities seeking to operate narrowcasting transmitters in the newly added areas must ensure their operations comply with the allocated frequencies to avoid interference and to adhere to the licensing requirements set out in the Radiocommunications Act 1992. The Australian Communications Authority, as the governing body, has the responsibility to monitor and enforce compliance with these specifications to maintain efficient and interference-free communication services. The consequences for breaches of this Amendment are not explicitly detailed in the provided text, but generally, under the Radiocommunications Act 1992, violations of licensing requirements or operational standards can lead to a range of civil and criminal penalties. These can include fines, suspension or revocation of licences, and in severe cases, criminal prosecution. The exact penalties would depend on the nature and severity of the breach, as outlined in the primary Act and relevant regulations. It is imperative for entities to fully comply with the specified requirements to avoid any legal repercussions.