Overview

The Radiocommunications Spectrum Marketing Plan (1.8 GHz Bands) 1999 Variation 1999 (No.1) was made under the Radiocommunications Act 1992 by the Australian Communications Authority, an entity established to regulate and manage the radiocommunications industry in Australia. Enacted on 25 November 1999, this legislative instrument addresses the need to update and refine the marketing strategies for the 1.8 GHz spectrum bands, ensuring efficient and effective allocation of radiocommunications spectrum to meet the growing demands of various industries. The policy objective, as outlined in the text, is to facilitate an orderly and transparent process for the marketing of spectrum resources, thereby promoting competition and innovation within the telecommunications sector. This variation aims to improve the strategic plan by making precise adjustments to the original 1999 marketing plan, ensuring it remains relevant and effective in the dynamic landscape of radiocommunications.

Scope and Application

The Radiocommunications Spectrum Marketing Plan (1.8 GHz Bands) 1999 Variation 1999 (No.1), made by the Australian Communications Authority under section 42 of the Radiocommunications Act 1992, applies to entities and persons involved in the marketing and allocation of radiocommunications spectrum, specifically within the 1.8 GHz bands. The legislation primarily targets the telecommunications industry and other sectors relying on radiocommunications services, ensuring that the spectrum is effectively managed and allocated to avoid interference and enhance the efficiency of communication services. The geographic reach of this Act is national, as it applies throughout Australia, governed by the Commonwealth under the authority of the Radiocommunications Act 1992. The Act does not explicitly outline exclusions or exemptions, but its provisions are subject to modifications through subordinate instruments, which may provide further clarifications or adjustments in specific contexts. This variation determination commenced on the day it was made, reflecting a prompt and targeted amendment to the existing spectrum marketing plan.

Key Provisions

The Radiocommunications Spectrum Marketing Plan (1.8 GHz Bands) 1999 Variation 1999 (No.1) made under the Radiocommunications Act 1992, primarily modifies the existing marketing plan for the 1.8 GHz radiocommunications spectrum bands (section 1). The variation was made to adjust certain spectrum allocations as outlined in the schedule to this determination (section 3). Specifically, it involves the modification of Schedule 4, Column 5, Rows 37 to 48, where each mention of "100" is omitted and replaced with "99" (Schedule 1). This change likely reflects a revision in the allocation of spectrum licenses or a correction in the previously published plan. Entities and parties governed by this Act are required to adhere to the updated marketing plan as specified in the variation. This includes ensuring compliance with the new allocations and any other modifications made by the schedule (section 3). The Australian Communications Authority (ACA) would expect those involved in the marketing and allocation of radiocommunications spectrum to reflect these changes in their operations, ensuring that the spectrum is utilised in accordance with the updated plan. Failure to comply with the provisions of this variation could lead to legal consequences. Although the specific penalties for non-compliance are not detailed within this determination, general penalties under the Radiocommunications Act 1992 may apply. These could include fines or other enforcement actions. The severity of penalties would depend on the nature and extent of the non-compliance, and could be pursued either criminally or civilly, depending on the context and discretion of the regulatory authority. It is important for entities to stay updated with these changes and ensure they are operating within the bounds of the law to avoid any potential penalties or legal issues.