Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00357 Not in force Legislative Instrument

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Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.

Dated   12 October 2000

A.J SHAW                                                                                                                 Chair

R HORTON                                                                                                           Deputy Chair

 

Australian Communications Authority

 

1 Name of Determination

  This Determination is the Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1).

2 Commencement

  This Determination commences on 22 January 2001.

3 Amendment of Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997

  Schedule 1 amends the Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997.

Schedule 1 Amendments

Do not delete : Schedule Part placeholder

(section 3)

[1] Section 1

substitute

1 Name of Determination

  This Determination is the Radiocommunications Licence Conditions (Outpost Licence) Determination 1997.

[2] Section 3, definition of Outpost Licence Information Paper

omit

[3] Section 3, definitions of Telstra and Telstra station

omit

[4] Section 3, note

substitute

Note   For the definitions of other expressions used in this Determination, see the Radiocommunications Act 1992, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.

[5] Section 5, note

substitute

Note   Public correspondence is defined in the Radiocommunications (Interpretation) Determination 2000.  For the licensee of an outpost station, the expression means ‘telecommunications that the licensee must accept under subsection 5 (1) of this Determination’.

[6] Section 7

omit

SMA:

insert

ACA:

[7] Paragraph 9 (1) (a)

omit

the Schedule:

insert

Schedule 1:

[8] Subparagraph 9 (1) (a) (ii)

omit

the document was

[9] Paragraph 9 (1) (b)

omit

the Schedule:

insert

Schedule 1:

[10] Subparagraph 9 (1) (b) (ii)

omit

the document was

[11] Section 10

omit

sections 11, 12 and 13.

insert

sections 11 and 12.

[12] Section 11 

substitute

11 Permitted frequencies and purposes — any locality

  The outpost non assigned station may be operated at any
locality, on a frequency mentioned in column 3 or 4 of an item in Schedule 2, for the transmission or reception of a message in relation to a distress or emergency situation, if no other satisfactory means of communication is available.

[13] Sections 12 and 13

substitute

12 Permitted frequencies and purposes — remote localities

 (1) This section applies to the operation of an outpost non assigned station at a remote locality:

 (a) if a connection to a telecommunications network that is operated by a carrier or carriage service provider is only available through the station; or

 (b) if:

 (i) a connection to a telecommunications network that is operated by a carrier or carriage service provider is available through the station and also by other means; but

 (ii) the only working connection is through the station because each other means of connection to the telecommunications network is unavailable or out of service.

 (2) The outpost non assigned station may be operated at the remote locality, on a frequency mentioned in column 4 of an item in Schedule 2, to communicate with an outpost assigned station for any of the following purposes:

 (a) to obtain or provide medical aid or advice;

 (b) to transmit or receive public correspondence;

 (c) to transmit telecommunications that require the use of a telecommunications network operated by a carrier or carriage service provider.

 (3) The outpost non assigned station may also be operated at the remote locality, on a frequency mentioned in column 3 or 4 of an item in Schedule 2, for any of the following purposes:

 (a) to communicate with an outpost station at a location where there is no connection to a telecommunications network operated by a carrier or carriage service provider;

 (b) to communicate with other outpost stations for the purpose of participating in a community interest session;

 (c) for the transmission or reception of messages in relation to distress or emergency situations.

 (4) For subsection (2) and paragraphs (3) (a) and (b), the licensee of an outpost non assigned station must ensure that, as far as practicable, the station only operates on the lowest frequency mentioned in column 3 or 4 of that item.

 (5) For paragraphs (3) (a) and (b), the licensee of an outpost non assigned station must ensure that the station operates on a frequency only at a time when each outpost assigned station:

 (a) that is at a location mentioned in column 2 of the item; and

 (b) that is permitted to operate on the frequency under an outpost licence (outpost assigned station); and

 (c) with which the outpost non assigned station of the licensee can communicate at that time using that frequency;

is open only for the transmission or reception of messages in relation to distress or emergency situations.

 (6) If the operation of an outpost non assigned station causes harmful interference to a service provided by another station, the outpost non assigned station must cease operating.

Note   Licensees of outpost non assigned stations should contact the relevant Royal Flying Doctor Service for information regarding its operational requirements applying to outpost non assigned stations.

[14] Schedule

substitute

Schedule 1 Outpost non assigned stations — specification documents

(subsection 9 (1))

Part 1 209 Series documents

 

Item

Description of document

1

Specification for MF and HF single sideband suppressed carrier radiotelephony equipment employed in fixed and land mobile radiotelephone services (also known as RB 209), published by the Postmaster-General’s Department in December 1970

2

Specification for MF and HF single sideband suppressed carrier radiotelephony equipment employed in fixed and land mobile radiotelephone services (also known as RB 209), published by the Postmaster-General’s Department in January 1974

3

Specification for MF and HF single sideband suppressed carrier radiotelephony equipment employed in fixed and land mobile radiotelephone services (also known as RB 209), published by the Postal and Telecommunications Department in January 1976

4

Specification for MF and HF single sideband suppressed carrier radiotelephony equipment employed in fixed and land mobile radiotelephone services (also known as DOC 209), published by the Department of Transport and Communications in October 1988

5

Equipment Compliance Requirements for MF and HF single sideband suppressed carrier radiotelephony equipment employed in fixed and land mobile radiotelephone services (also known as ECR 209), published by the Department of Transport and Communications in April 1992

Part 2 210 Series documents

 

Item

Description of document

1

Specification for low powered portable and mobile MF and HF single sideband suppressed carrier radiotelephony equipment employed in land mobile radiotelephone services (also known as RB 210), published by the Postmaster-General’s Department in December 1970

2

Specification for low powered portable and mobile MF and HF single sideband suppressed carrier radiotelephony equipment employed in land mobile radiotelephone services (also known as RB 210), published by the Postmaster-General’s Department in January 1972

3

Specification for low powered portable and mobile MF and HF single sideband suppressed carrier radiotelephony equipment employed in land mobile radiotelephone services (also known as RB 210), published by the Postmaster-General’s Department in January 1974

4

Specification for low powered portable and mobile MF and HF single sideband suppressed carrier radiotelephony equipment employed in land mobile radiotelephone services (also known as RB 210), published by the Postal and Telecommunications Department in January 1976

5

Equipment specification for low powered portable and mobile MF and HF equipment in land mobile services (also known as DOC 210), published by the Department of Transport and Communications in October 1988

Schedule 2 Outpost non assigned stations — Royal Flying Doctor Service frequencies

(section 11 and subsections 12 (2), (3), (4) and (5))

 

Column 1

Item

Column 2

Location of outpost assigned station

Column 3

Frequency for section 11 and subsection 12 (3)

(kHz)

Column 4

Frequency for section 11 and subsections 12 (2), (3), (4) and (5)

(kHz)

1

Alice Springs
VJD

 

2020
4350
5410
6950

2

Broken Hill
VJC

 

2020
4055
6920

3

Cairns
VJN

 

2020
2260
5145
7465

4

Carnarvon
VJT

2020

2280
4045
6890

5

Charleville
VJJ

 

2020
4980
6845

6

Darwin
VJY

 

2360
4010
6840
7975

7

Derby
VJB

2020

2792
5300
6945

8

Kalgoorlie
VJQ

2020

2656
5360
6825

9

Meekatharra
VKJ

2020

2280
4010
6880
11466

10

Mount Isa
VJI

 

2020
5110
6965

11

Port Augusta
VNZ

 

2020
4010
5145
6890
8165

12

Port Hedland
VKL

2020

2280
4030
6960

Note   If an outpost assigned station at a location mentioned in column 2 of an item in Schedule 2 is the nearest outpost assigned station to an outpost non assigned station, use of a frequency mentioned in column 3 or 4 of the item is available for communications between the stations.

 

Overview

The Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1) was enacted by the Australian Communications Authority under the Radiocommunications Act 1992 to address gaps in the licensing conditions for radiocommunications, particularly concerning the operation of outpost non-assigned stations. This amendment sought to provide clearer guidelines and conditions for the use of these stations in distress and emergency situations, ensuring that they could be effectively utilised in remote areas where other means of communication are unavailable or out of service. The primary objective of this determination was to enhance the functionality and regulatory oversight of radiocommunications in remote areas, thereby improving the reliability and safety of communications in emergency scenarios. The determination came into effect on 22 January 2001, amending the existing Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997 to incorporate these updated provisions.

Scope and Application

The Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1) amends the Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997. It applies to persons or entities holding an outpost non-assigned licence, which allows the operation of certain radiocommunications equipment in remote areas to support emergency and community communication. The amendment is applicable across Australia, and it affects all outpost non-assigned stations, which must comply with the new conditions specified in the determination. The new conditions relate to the permitted frequencies and purposes for operating these stations, particularly in distress or emergency situations, or when connecting to telecommunications networks in remote localities. The amendment does not specify any exclusions or exemptions, and it extends the application of the original determination by modifying specific sections and schedules to reflect updated operational requirements. Subordinate instruments such as the Radiocommunications Act 1992, the Radiocommunications (Interpretation) Determination 2000, and the Radiocommunications Regulations 1993 further define terms and provide additional context for the application of this amendment.

Key Provisions

This Determination amends the Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997, which sets out the licence conditions for outpost non assigned stations under the Radiocommunications Act 1992. The key amendments, detailed in Schedule 1, include the removal of certain definitions and notes, the substitution of specific sections, and the introduction of new provisions regarding the operation of outpost non assigned stations, particularly in relation to permitted frequencies and purposes. For example, Section 11 allows the operation of outpost non assigned stations at any locality on specified frequencies for distress or emergency situations when no other means of communication is available. Section 12 further outlines the conditions for operating these stations at remote localities, specifying the purposes for which they can be used, such as obtaining medical aid, transmitting public correspondence, or participating in community interest sessions. The Determination imposes several obligations on licensees of outpost non assigned stations. They must ensure that their stations operate on the lowest possible frequencies where practicable, particularly when communicating with other outpost stations for specific purposes. Licensees must also cease operation if their station causes harmful interference to another service. Additionally, the Determination requires licensees to adhere to the specifications outlined in Schedule 1 for the equipment used, which includes various documents detailing technical requirements for radiotelephony equipment. Failure to comply with the provisions of this Determination can result in significant consequences. While the Determination itself does not explicitly outline specific offences or penalties, breaches of the Radiocommunications Act 1992 or its associated regulations could lead to penalties. Under the Radiocommunications Act, penalties for non-compliance can include substantial fines. For instance, under section 183 of the Act, the maximum penalty for contravening a condition of a licence can be up to $22,000 for individuals and $110,000 for corporations. Furthermore, persistent non-compliance or serious breaches may result in the suspension or revocation of the licence, leading to the cessation of operations for the outpost non assigned station.

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