Variation of Determination Number 1151170 - allocation of radiofrequency spectrum within the range of 87.5 – 88.0 MHz - 8 August 2013

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, was designed to establish a framework for the regulation of broadcasting services in Australia, ensuring compliance with community standards and the effective use of the radiofrequency spectrum. One of the issues this Act aimed to address was the allocation and management of radio frequencies to prevent interference and ensure efficient use. To this end, the Australian Communications and Media Authority (ACMA) was granted the authority to make determinations regarding the allocation of specific parts of the radiofrequency spectrum. On 8 August 2013, ACMA varied a determination to make available for allocation the parts of the radiofrequency spectrum within the range of 87.5 – 88.0 MHz Australia-wide until 31 December 2014. This change was made under section 34(1) of the Broadcasting Services Act 1992 and was effective from the date of the variation, 8 August 2013. The policy objective of this variation was to facilitate the allocation of radio frequencies in a manner that supports the efficient and orderly use of the radiofrequency spectrum.

Scope and Application

The Broadcasting Services Act 1992 governs the regulation of broadcasting services within Australia, and the specific variation in question relates to the allocation of the radiofrequency spectrum. This variation, which was made under section 34(1) of the Act, concerns the availability of the spectrum within the range of 87.5 – 88.0 MHz, effective from 8 August 2013 until 31 December 2014, across the entire nation. The Act applies to any entity or person engaged in broadcasting services that require the use of this spectrum. The amendment was enacted to facilitate more efficient use of the radiofrequency spectrum, and its jurisdictional reach is national, encompassing all states and territories within Australia. This variation does not introduce any new exclusions or exemptions but rather modifies existing provisions to allow for the specified allocation of spectrum resources. The Australian Communications and Media Authority, acting under the authority conferred by the Broadcasting Services Act, has the capacity to further refine the application of this determination through subordinate instruments, thereby providing flexibility in managing spectrum allocation.

Key Provisions

The key provision of this variation under the Broadcasting Services Act 1992, as amended by the Australian Communications and Media Authority on 8 August 2013, involves the availability of certain parts of the radiofrequency spectrum for allocation. Specifically, the variation pertains to the frequencies within the range of 87.5 – 88.0 MHz, which are now available for allocation Australia-wide until 31 December 2014 (Schedule 2). This change means that broadcasters, service providers, and other entities can apply for the use of these frequencies within the specified timeframe. The Act imposes obligations on those entities seeking to utilise these frequencies. They must comply with the terms and conditions set forth in the amended determination, which include ensuring that their use of the spectrum does not interfere with existing services or other users. Additionally, any entity wishing to apply for the allocation of these frequencies must do so through the prescribed process and meet the criteria outlined by the Australian Communications and Media Authority. Failure to adhere to these procedures or conditions could result in the application being rejected. Breaches of the provisions outlined in the amended determination may lead to civil or criminal consequences. The Act stipulates that any entity found to be in violation of the terms of the frequency allocation may face penalties. For civil breaches, the penalties could include fines up to a specified maximum amount as prescribed by the Act. For criminal breaches, which may include deliberate interference with other services or fraudulent applications, the penalties could include more severe fines and even imprisonment, depending on the severity and intent of the breach. These measures ensure that the use of the radiofrequency spectrum is managed effectively and responsibly.