Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.
Dated 13 February 2001
A.J SHAW Chair
R HORTON Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1).
2 Commencement
This Determination commences on 1 March 2001.
3 Amendment of Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998
Schedule 1 amends the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998.
Schedule 1 Amendments
(section 3)
[1] Subsection 1.4 (1), before definition of AM band
insert
Act means the Radiocommunications Act 1992.
[2] After section 4.10
insert
4.11 Certain low power open narrowcasting services — other conditions
(1) An apparatus licence for a low power open narrowcasting service that authorises the operation of a transmitter at a carrier frequency within the range 87.5 to 88.0 MHz (inclusive) is subject to the following conditions:
(a) unless the licensee has a reasonable excuse for not doing so, the licensee must commence the service:
(i) if the licence was in effect before 1 March 2001 (whether or not the licence is renewed between 1 March 2001 and 31 August 2001 (inclusive)) — before 1 September 2001; or
(ii) if the licence is issued (other than upon renewal) on or after 1 March 2001 — within 6 months beginning on the day the licence is issued;
(b) the licensee must provide the service with reasonable regularity for the period specified in the licence;
(c) the licensee must maintain records of the commencement, hours of operation and provision of the service.
(2) For the purposes of paragraph (1) (a), the following is a non-exhaustive list of what shall not constitute valid reasons for delay in commencing the service:
(a) financial reasons;
(b) that the licence was obtained within the 6 month period within which to comply with the condition pursuant to a transfer to a relative or associate of the licensee;
(c) that the licence is subject to an arrangement contingent on the disposal of another licence held by the licensee.
(3) In this section:
associate means:
(a) in relation to a body corporate:
(i) a director or secretary of the body corporate; or
(ii) a related body corporate; or
(iii) a director or secretary of a related body corporate; or
(iv) a business partner of the body corporate; or
(v) an individual who controls at least 15% of the voting power in, or holds at least 15% of the issued shares of, the body corporate; and
(b) in relation to an individual:
(i) a business partner of the individual; or
(ii) a body corporate in which the individual controls at least 15% of the voting power or of which the individual holds at least 15% of the issued shares; or
(iii) a body corporate of which the individual is a director or secretary; or
(iv) a body corporate that is a related body corporate of a body corporate of which the individual is a director or secretary.
related body corporate has the same meaning as in the Corporations Law.
relative, in relation to a person, means:
(a) the person’s spouse; or
(b) the person’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child; or
(c) the spouse of a relative mentioned in paragraph (b).
spouse, in relation to a person, includes an individual who, although not legally married to the person, lives with the person on a genuine domestic basis as that person’s spouse.
Note On 20 December 2000, the Minister issued Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000 under subsection 12 (1) of the Australian Communications Authority Act 1997. The Direction makes provision for how the ACA administers section 4.11.
Overview
The Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1) was made by the Australian Communications Authority under the Radiocommunications Act 1992 to address certain issues related to the licensing conditions for low power open narrowcasting services, specifically those operating in the 87.5 to 88.0 MHz frequency range. This amendment introduced new conditions for these services, such as timelines for service commencement, requirements for regular service provision, and record-keeping obligations. The determination aimed to ensure that licensees commenced their services within specified timeframes and provided services regularly, while also defining what would not constitute valid reasons for delay in service commencement. The policy objective was to provide clarity and ensure compliance with the new licensing conditions, thereby enhancing the administration of broadcasting services within the designated frequency range.
Scope and Application
The Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1) amends the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998 and applies to persons and entities holding an apparatus licence for low power open narrowcasting services operating within the frequency range of 87.5 to 88.0 MHz. This determination is made under the Radiocommunications Act 1992 and is applicable nationwide across Australia. The amendment introduces specific conditions for these services, such as the requirement to commence the service within specified timeframes and to maintain records of the service's commencement, hours of operation, and provision. The determination also clarifies what does not constitute a valid reason for delaying the commencement of the service, including financial reasons or arrangements contingent on the disposal of another licence. This legislative instrument extends its reach through subordinate instruments, such as the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000, which provides further administrative details on how these conditions are to be implemented.
Key Provisions
The Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1) modifies the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998. This amendment introduces specific conditions for low power open narrowcasting services operating at a carrier frequency within the range of 87.5 to 88.0 MHz (section 4.11). It mandates that licensees must commence their services within certain timeframes depending on whether the licence was in effect before or after 1 March 2001. The licensees must also ensure the services are provided with reasonable regularity and keep records of the service commencement, operation hours, and provision.
The Act imposes several obligations on the licensees. Firstly, unless there is a reasonable excuse, they must commence their services within the stipulated timelines. Secondly, they are required to provide their services regularly for the period specified in their licence. Thirdly, the licensees must maintain detailed records of their service commencement, hours of operation, and the actual provision of the service. The term 'reasonable excuse' is narrowly defined, and certain reasons such as financial difficulties or transfers to relatives or associates are explicitly stated as not constituting valid reasons for delay (section 4.11(2)).
For breaches of these conditions, the Radiocommunications Act 1992 may impose civil or criminal penalties. Although the specific penalties are not detailed in this Determination, the Act provides a framework under which the Australian Communications Authority can take action against non-compliant licensees. This could include fines or other enforcement actions, depending on the nature and severity of the breach. The exact penalties would be determined in the context of the broader legal framework provided by the Act.