Radiocommunications Licence Conditions (Outpost Licence) Determination 1997

Radiocommunications Licence Conditions (Outpost Licence) Determination 1997

as amended

made under paragraph 107 (1) (f) of the

Radiocommunications Act 1992

This compilation was prepared on 10 May 2005
taking into account amendments up to Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2002 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

 1 Name of Determination [see Note 1]

 2 Scope 

 3 Definitions 

Part 2 Conditions for every outpost licence

 4 Conditions 

 5 Conditions of operation 

 6 Transmitter output power 

 7 Call signs 

Part 3 Conditions for outpost licence (outpost non assigned station)

 8 Conditions 

 9 Technical performance of an outpost non assigned station 

 10 Operation of station 

 11 Permitted frequencies and purposes — any locality 

 12 Permitted frequencies and purposes — remote localities 

Schedule 1 Outpost non assigned stations — specification documents 

Part 1 209 Series documents 

Part 2 210 Series documents 

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

Notes  

Part 1 Preliminary

1 Name of Determination [see Note 1]

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

2 Scope

 (1) This determination sets out conditions to which an outpost licence is subject in the following manner:

 (a) every outpost licence is subject to the conditions in Part 2;

 (b) every outpost licence (outpost non assigned station) is also subject to the conditions in Part 3.

 (2) However, if a condition in this determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.

3 Definitions

  In this determination, unless the contrary intention appears:

carriage service provider has the meaning it has in the Telecommunications Act 1997.

carrier has the meaning it has in the Telecommunications Act 1997.

connect has the meaning it has in the Telecommunications Act 1997.

licensee means the holder of an outpost licence, and includes any person authorised by the licensee to operate a station under the licence.

outpost licence (outpost non assigned station) means an outpost licence that authorises the holder to operate an outpost non assigned station.

telecommunications network has the meaning it has in the Telecommunications Act 1997.

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.

Part 2 Conditions for every outpost licence

4 Conditions

  For paragraph 107 (1) (f) of the Act, every outpost licence is subject to the conditions in this Part relating to the operation of any outpost station under the licence by the licensee.

5 Conditions of operation

 (1) The licensee must accept and transmit all telecommunications directed to an outpost station from the public for transmission, other than:

 (a) telecommunications directed to the station using a telecommunications network operated by a carrier or carriage service provider; and

 (b) telecommunications that would require use of a telecommunications network operated by a carrier or carriage service provider.

 (2) The licensee must operate an outpost station to transmit and receive all public correspondence on equal terms, and without favour or prejudice.

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’.

 (3) However, the licensee is not required to operate an outpost station to transmit or receive public correspondence while the station is required for communications in an emergency.

6 Transmitter output power

  The licensee must not operate an outpost station at a transmitter output power greater than the power sufficient to achieve efficient communications.

Note   Subsection 9 (2) imposes a further restriction on the level of power used to operate an outpost non assigned station.

7 Call signs

  The licensee must operate an outpost station by transmitting the call sign allocated by the ACA:

 (a) at the start of each transmission or series of transmissions; and

 (b) at the end of the transmission or series of transmissions.

Part 3 Conditions for outpost licence (outpost non assigned station)

8 Conditions

 (1) For paragraph 107 (1) (f) of the Act, every outpost licence (outpost non assigned station) is subject to the conditions in this Part relating to the operation of any outpost non assigned station under the licence by the licensee.

 (2) The conditions in this Part are additional to the conditions in Part 2.

9 Technical performance of an outpost non assigned station

 (1) An outpost non assigned station must comply with:

 (a) the requirements of the document mentioned in Part 1 of Schedule 1:

 (i) that was published most recently before the station was manufactured or imported into Australia; and

 (ii) as in force when the station was manufactured or imported; or

 (b) the requirements of the document mentioned in Part 2 of Schedule 1:

 (i) that was published most recently before the station was manufactured or imported into Australia; and

 (ii) as in force when the station was manufactured or imported.

 (2) An outpost non assigned station must not be operated using transmitter output power of more than 100 watts pX.

10 Operation of station

  The licensee must only operate an outpost non assigned station in accordance with sections 11 and 12.

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.

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.

Schedule 1 Outpost non assigned stations — specification documents

(subsection 9 (1))

Part 1 209 Series documents

 Part 2 210 Series documents

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

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

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.

Notes to the Radiocommunications Licence Conditions (Outpost Licence) Determination 1997

Note 1

The Radiocommunications Licence Conditions (Outpost Licence) Determination 1997 (in force under paragraph 107 (1) (f) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments