Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Amendment Determination 2002 (No. 1)

Overview

The Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Amendment Determination 2002 (No. 1) was enacted by the Australian Communications Authority under the authority granted by subsection 145(4) of the Radiocommunications Act 1992. This legislative instrument was introduced to amend the Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Determination 2000, addressing issues related to unacceptable levels of interference in the 800 MHz frequency band. The determination commenced on 28 November 2002, with the objective of ensuring that interference levels are managed effectively to maintain the quality of radiocommunications services within the specified band. The determination involves amendments to various sections and notes of the original 2000 determination, including the substitution of references and insertions of new provisions to better define the acceptable interference levels and the criteria for cell location within sectors or segments. This legislative instrument aims to refine the regulatory framework surrounding the 800 MHz band to enhance the efficiency and reliability of radiocommunications services in Australia.

Scope and Application

The Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Amendment Determination 2002 (No. 1) applies to the regulation of radiocommunications within Australia, specifically focusing on the 800 MHz band. It amends the Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Determination 2000, which was made under the Radiocommunications Act 1992. This Determination is made by the Australian Communications Authority and applies to any person or entity engaged in radiocommunications activities that may cause unacceptable levels of interference within the specified frequency band. The amendment aims to refine and update the criteria for determining unacceptable interference levels, ensuring that the management of the radio spectrum remains efficient and effective in mitigating potential disruptions. The scope of this legislation is national, applying across all states and territories in Australia, and it does not explicitly state any exclusions or exemptions, though the specific provisions and amendments within the determination itself would provide detailed guidance on what is covered. The authority to make further adjustments and detailed specifications may be extended through subordinate instruments as necessary to adapt to technological advancements and changing communication needs.

Key Provisions

The Radiocommunications (Unacceptable Levels of Interference – 800 MHz Band) Amendment Determination 2002 (No. 1) amends the 2000 Determination by introducing specific changes to the legislative framework governing the 800 MHz radiocommunications band. Section 3 of this Amendment Determination inserts new provisions while omitting certain sections from the 2000 Determination, with specific references to sections 145, 262, and others (Schedule 1, Amendments 1-3). Subsection 7(2) and 7(5) also undergo changes, with references to section 66(1) and 69(2) being omitted and substituted respectively (Schedule 1, Amendments 4-5). Furthermore, subsection 8(1) and 8(2) replace references to Article 4 with Appendix S1 (Schedule 1, Amendments 6-7). Under this Determination, various obligations and requirements are imposed on the parties or entities governed by the Radiocommunications Act 1992. These obligations include adhering to the newly established parameters for the 800 MHz band, ensuring that the levels of interference do not exceed the prescribed limits. Additionally, the Amendment Determination introduces a specific criterion for RadDEM cell placement within a sector or segment, as outlined in Schedule 1, clause 1, note 2, and Schedule 3, clause 2, note 2. Entities must comply with these technical specifications to avoid non-compliance. Breaches of the provisions outlined in this Determination may result in both civil and criminal consequences. Although the specific penalties are not detailed in the text provided, it is reasonable to assume that penalties may include fines or other sanctions as stipulated under the Radiocommunications Act 1992. Entities found in violation of the unacceptable levels of interference may face enforcement actions, including directives to cease operations, equipment confiscation, and potential legal proceedings. The severity of penalties would depend on the extent and nature of the breach, as well as any applicable precedents set by the Australian Communications Authority.