Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 9)

Overview

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 9), made by the Australian Communications Authority on 11 February 2000, amends the original Determination issued in 1996 to update the available transmitter areas and frequency ranges for narrowcasting services. This legislation was enacted to address the need for a regulatory framework that facilitates efficient and effective allocation of radio frequencies for narrowcasting, a type of broadcasting that targets a specific geographical area. This amendment reflects the ongoing evolution of communication technologies and the need to accommodate new services within the existing spectrum management system. The Radiocommunications Act 1992 provides the legislative foundation for regulating the use of the radiocommunications spectrum in Australia. This particular amendment was introduced to address the need for updating the available transmitter areas and frequency ranges to ensure that the allocation of spectrum remains current with technological advancements and service demands. The policy objective is to maintain an efficient and orderly allocation of radio frequencies, ensuring that they are used effectively to support the growing needs of various communication services, including narrowcasting.

Scope and Application

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996, as amended by the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 9), applies to entities seeking to issue broadcasting (narrowcasting) transmitter licences within specified areas in Australia. This determination is made under the authority of the Radiocommunications Act 1992 and is enforced by the Australian Communications Authority. It outlines the available transmitter areas and the corresponding ranges of frequencies that can be used for narrowcasting purposes, thereby governing the conduct of narrowcasting operations in these regions. The amendment adds specific frequency ranges for Sydney and Penrith in New South Wales, thereby extending the scope of permissible narrowcasting activities in these areas. There are no stated exclusions or exemptions in this particular determination, and it applies nationally across Australia, affecting entities involved in narrowcasting activities within the specified geographic areas.

Key Provisions

The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 9) amends the original determination to include new areas and frequency ranges for narrowcasting transmitter licences in New South Wales. Specifically, under section 2.1, the amendment adds Sydney with frequencies from 1377 to 1395 kHz and 1530 to 1548 kHz, and Penrith with frequencies from 1467 to 1485 kHz. This means that entities wishing to operate narrowcasting transmitters in these areas and frequencies must now comply with this updated determination. This amendment imposes specific obligations on entities seeking to operate narrowcasting transmitters in the newly defined areas. To obtain a broadcasting (narrowcasting) transmitter licence, applicants must adhere to the frequency ranges specified and ensure their operations do not interfere with other radiocommunication services. The Australian Communications Authority is responsible for issuing these licences and must verify that the applicant’s proposed operations comply with the legislative requirements and do not cause harmful interference to other services. Failure to comply with the provisions of this determination can result in serious consequences. Under the Radiocommunications Act 1992, unauthorised use of radiocommunication apparatus can lead to civil penalties. Specifically, section 106 of the Act outlines the penalties for unauthorised operation, which can include fines up to a certain amount as specified by the regulations. Additionally, persistent non-compliance may lead to criminal charges, where offenders could face imprisonment. The Act also provides for the revocation of existing licences if an entity is found to be in breach of its conditions, further emphasising the importance of adhering to the legislative requirements.