VHF High Band Frequency Band Plan (148-174 MHz) 1993 No. 38
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 38
Issued by the Authority of the Minister for Transport and Communications Radiocommunications Act 1983
VHF High Band Frequency Band Plan (148-174 MHz)
Subsection 19(1) of the Radiocommunications Act 1983 (the Act) provides that the Minister may, by instrument in writing, prepare frequency band plans, not inconsistent with the spectrum plan prepared under section 18 of the Act.
Subsection 19(2) provides that a frequency band plan shall make provision for purposes for which the band may be used, including provisions specifying the purposes for which any part of the band may be used.
Subsection 19(3) provides that a frequency band plan may apply with respect to a specified area and with respect to a specified period.
Subsections 20(1) and (2) of the Act provides that before preparing a frequency band plan, the Minister shall publish the plan he proposes to prepare and invite interested persons to make representations in connection with the proposed plan.
Background
The VHF High Band Frequency Band Plan (148-174 MHz) (Statutory Rules 1991 No.354) was made on 14 November 1991, along with the VHF Mid Band Frequency Band Plan (70-87.5 MHz) (Statutory Rules 1991 No.355). Both Band Plans were tabled in Parliament within 15 sitting days of being made, in accordance with normal procedures.
Senator Patricia Giles, on behalf of the Senate Standing Committee on Regulations and Ordinances, gave notice in the Senate on 3 March 1992 that she would move that the VHF Frequency Band Plans be disallowed. The Committee's concerns had earlier been advised to the Minister for Transport and Communications by letter dated 28 February 1992.
Mr Warren Snowdon, then Parliamentary Secretary to the Minister for Transport and Communications, wrote to the Committee on 24 March 1992 on behalf of the Minister, responding to the Committee's concerns. In that letter, he indicated it may be helpful to amend the General Notes of each of the VHF Band Plans, to make it clearer that the notes are intended as a guide to decision-makers when making decisions under the Act.
On 2 April 1992, Senator Giles reported to the Senate that the Committee was satisfied with the explanation provided, and that she would, on the next sitting day, withdraw the notice of motion to disallow the VHF Band Plans. The Senator also made reference to the offer to amend the General Notes of the VHF Band Plans, as mentioned in Mr Snowdon's letter.
On 28 April 1992, Senator Giles withdrew her notice of motion to disallow the VHF Band Plans.
The Amendment
The Attorney-General's Department advised that as the General Notes do not form part of the Band Plans, the consultation requirements in subsections 20(1) and (2) of the Act do not apply to amendment of those notes.
The VHF High Band Frequency Band Plan (148-174 MHz) (Statutory Rules 1991 No.354) was amended to make it clearer that the General Notes of the Band Plan are intended only as a guide to decision-makers when making decisions under the Act.
Overview
The VHF High Band Frequency Band Plan (148-174 MHz) 1993 No. 38 was enacted under the Radiocommunications Act 1983, providing a framework for the allocation and use of frequencies within the specified band. The Act was introduced to ensure that the frequency band plans are prepared in a manner that does not conflict with the overarching spectrum plan and are applied to specified areas and periods. The policy objective of the Act is to manage the use of radio frequencies in a way that facilitates efficient and effective communication services while preventing interference. The Minister for Transport and Communications is tasked with preparing these frequency band plans, which must be published and open to public consultation before being finalised.
The 1993 amendment to the VHF High Band Frequency Band Plan aimed to address concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the clarity of the General Notes within the Band Plans. These notes, which are intended only as a guide for decision-makers, were clarified to ensure they do not misconstrue their advisory nature. This amendment was made without the need for further consultation as the General Notes do not form part of the legally binding Band Plans themselves.
Scope and Application
The VHF High Band Frequency Band Plan (148-174 MHz) 1993 No. 38 applies to the allocation and usage of the frequency spectrum within the 148-174 MHz range in Australia. This Act, made under the authority of the Radiocommunications Act 1983, primarily governs the entities and individuals who may use these frequencies, ensuring they comply with the designated purposes and conditions outlined in the plan. The plan specifies how the frequencies can be used within a defined geographic area and period, ensuring efficient and effective use of the radio spectrum. The legislation does not specify exclusions or exemptions but mandates that interested parties be consulted before any changes are made. Any amendments to the General Notes, which serve as guidance for decision-makers, do not require the consultation process as they do not form part of the Band Plans themselves. The plan's jurisdictional reach is nationwide, applying uniformly across Australia in accordance with the overarching provisions of the Radiocommunications Act 1983.
Key Provisions
The VHF High Band Frequency Band Plan (148-174 MHz) 1993 No. 38 under the Radiocommunications Act 1983 provides specific provisions for the use of the 148-174 MHz frequency band. Section 19(1) allows the Minister for Transport and Communications to prepare frequency band plans that are not inconsistent with the spectrum plan outlined in section 18 of the Act. Section 19(2) mandates that these plans detail the purposes for which the frequency band may be used, including specifying how any part of the band may be used. Section 19(3) further allows these plans to apply to a specified area and period.
Under the Act, before preparing a frequency band plan, the Minister must publish the proposed plan and invite interested parties to submit representations (sections 20(1) and (2)). This ensures that stakeholders have an opportunity to provide input on the proposed plan. The VHF High Band Frequency Band Plan (148-174 MHz) was initially made on 14 November 1991 and subsequently tabled in Parliament. Concerns were raised by the Senate Standing Committee on Regulations and Ordinances, but these were addressed, and the Band Plan was not disallowed. The General Notes of the Band Plan were clarified to serve only as a guide for decision-makers.
The Act imposes several obligations on the Minister and other entities governed by it. The Minister must ensure that any frequency band plan is consistent with the overarching spectrum plan and must detail specific uses of the frequency band. The Minister is also required to publish proposed plans and consider representations from interested parties. The entities using the specified frequency band must comply with the provisions of the Band Plan, ensuring their activities align with the specified purposes and any geographical or temporal restrictions.
There are potential civil and criminal consequences for breaching the provisions of the VHF High Band Frequency Band Plan (148-174 MHz). Violations could result in penalties as prescribed under the Radiocommunications Act 1983. While the exact penalties are not specified in the explanatory statement, the Act generally provides for penalties for non-compliance, which may include fines or other civil sanctions. In cases of serious or repeated breaches, criminal penalties might also apply, reflecting the importance of adhering to the specified frequency usage guidelines.