Variation of Determination Number 1151170 allocation of radiofrequency spectrum within the range of 87.5-88.0 MHz - 22 November 2013

Overview

The Australian Communications and Media Authority Acts Interpretation Act 1901 Determination, issued on 22 November 2013, serves to extend the period for which parts of the radiofrequency spectrum in the range of 87.5 – 88.0 MHz can be allocated for low power open narrowcasting services. This determination, originally set to expire on 31 December 2014, was varied to ensure that these allocations could continue until 31 December 2015. This legislative action was enacted by the Australian Communications and Media Authority under the authority granted by sections 33(3) of the Acts Interpretation Act 1901 and 34(1)(f) of the Broadcasting Services Act 1992, addressing the need to provide a temporary extension to the spectrum allocation to support ongoing low power open narrowcasting services.

Scope and Application

The Australian Communications and Media Authority (ACMA) Act applies to entities and individuals involved in the broadcasting sector, particularly those who wish to operate within the specified radiofrequency spectrum for low power open narrowcasting services. This legislation ensures the regulation and management of the radiofrequency spectrum, allowing for the allocation of specific parts of the spectrum for designated uses. The geographic reach of this Act is national, impacting broadcasters across Australia, as it pertains to the regulation of broadcasting services under the Commonwealth. Exclusions and exemptions within this legislation are minimal, as it primarily focuses on the allocation and regulation of the radiofrequency spectrum for specified broadcasting services. The Act’s application is extended and defined through subordinate instruments, such as the Broadcasting Services Act 1992, which provides the framework for spectrum allocation and service regulation.

Key Provisions

The Australian Communications and Media Authority (ACMA), under the authority granted by the Acts Interpretation Act 1901 and the Broadcasting Services Act 1992, made a determination on 22 November 2013. This determination, referenced as Drop Through 1151170, concerns the allocation of parts of the radiofrequency spectrum ranging from 87.5 to 88.0 MHz for low power open narrowcasting services. Initially, the allocation was set to expire on 31 December 2014, but ACMA extended this date to 31 December 2015. This extension allows for a continued provision of low power open narrowcasting services within this specified frequency range. The determination imposes several obligations on parties or entities involved with the use of this radiofrequency spectrum. Firstly, entities wishing to operate within this spectrum must ensure compliance with the extended allocation period, which now runs until 31 December 2015. This involves adhering to the technical and operational standards set forth by ACMA, ensuring that their services do not interfere with other communications services or cause harmful interference. Furthermore, entities must maintain records and documentation demonstrating compliance with the regulations governing their use of the spectrum, such as licensing details and operational parameters. Non-compliance with the provisions of this determination can lead to significant consequences. Under the Broadcasting Services Act 1992, breaches may result in administrative penalties. These can include fines and other administrative actions taken by ACMA to enforce compliance. Additionally, continued non-compliance could potentially lead to further enforcement actions, including the possibility of revocation of the spectrum allocation. The specific penalties for breaches are not detailed within the text but generally align with the penalties outlined in the Broadcasting Services Act 1992, which can include substantial fines and other regulatory measures designed to ensure adherence to broadcasting standards and regulations.