Overview

The Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 1999 Amendment 1999 (No.1) was enacted to address and refine the unacceptable levels of interference in the 1800 MHz band, which is critical for ensuring efficient and reliable radiocommunications. This legislative instrument was made by the Australian Communications Authority under section 145 of the Radiocommunications Act 1992. The determination, which commenced on the day of its enactment, seeks to amend the Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 1999 by adjusting specific parameters to better manage and mitigate interference, thereby supporting the overarching policy objective of maintaining the integrity and functionality of radiocommunications services. The authority's action demonstrates a commitment to adapting to technological advancements and ensuring that regulatory frameworks remain effective and relevant.

Scope and Application

The Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 1999 Amendment 1999 (No.1) applies to any person or entity engaging in radiocommunications activities within the Commonwealth of Australia, specifically focusing on the 1800 MHz frequency band. This includes any device, equipment, or system that transmits or receives signals within this frequency range. The amendment is an extension of the provisions set out in the Radiocommunications Act 1992, which governs the regulation of radiocommunications to ensure the efficient use of the radio spectrum and to protect against harmful interference. The amendment made by this legislative instrument adjusts the specific frequency parameters to refine the regulatory framework, ensuring clearer guidelines and compliance measures for those operating within the designated band. The Act extends its reach across all Commonwealth territories, impacting both individuals and corporate entities involved in radiocommunications. There are no stated exclusions or exemptions in this particular amendment, thus the provisions apply broadly to all relevant parties within the specified geographic jurisdiction.

Key Provisions

The Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 1999 Amendment 1999 (No.1), made under the Radiocommunications Act 1992, introduces a specific amendment to the Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 1999. The determination was made by the Australian Communications Authority and commenced on the day it was issued, 25 November 1999. It modifies the original determination by adjusting the frequency threshold for unacceptable levels of interference in the 1800 MHz band. The primary modification is detailed in Schedule 1, which amends subclause 7(5) of the original determination. The amendment changes the frequency from 1875.5 MHz to 1877.5 MHz. This means that the unacceptable levels of interference are now specified for the 1877.5 MHz frequency instead of 1875.5 MHz. This change is intended to refine the regulatory framework governing interference in this specific frequency band. Entities and parties governed by the Radiocommunications Act 1992 are required to comply with the new frequency specification outlined in this amendment. They must ensure that their operations do not exceed the unacceptable levels of interference as defined by the updated frequency threshold. This requirement applies to all licensed radiocommunication services operating within the specified band. Breaches of the provisions set out in the Radiocommunications Act 1992 can result in both civil and criminal consequences. While the specific penalties are not detailed in the determination, under the overarching act, penalties for contravening radiocommunications regulations can include fines and other sanctions. The exact penalties would depend on the nature and severity of the infringement, as well as any relevant case law or further legislative provisions.