VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00135 Not in force Legislative Instrument

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VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Plan under section 34 of the Radiocommunications Act 1992.

Dated  11 September 2002

 A.J SHAW
Chair

R HORTON
Deputy Chair

 

Australian Communications Authority

1 Name of Plan

  This Plan is the VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1).

2 Commencement

  This Plan commences on gazettal.

3 Variation of VHF High Band Frequency Band Plan (148 to 174 MHz) 1991

  Schedule 1 varies the VHF High Band Frequency Band Plan (148 to 174 MHz) 1991.

Schedule 1 Variations

(section 3)

Do not delete: Schedule Part Placeholder

[1] Subclause 3 (1)

omit

Radiocommunications (Definitions) Determination 1993 (No. 2).

insert

Radiocommunications (Interpretation) Determination 2000.

[2] Subclause 3 (1), note

omit

Radiocommunications (Definitions) Determination 1993 (No. 2)

insert

Radiocommunications (Interpretation) Determination 2000

[3] Subclause 3 (2), after definition of channelling

insert

fixed service (paging) means the fixed service used for paging.

[4] Subclause 3 (2), after definition of interior paging talkback channel

insert

land mobile service (paging) means the land mobile service used for paging.

[5] Subclause 3 (2), definition of paging service

substitute

paging means exterior paging or interior paging.

Note   The definitions of exterior paging and interior paging in the Radiocommunications (Interpretation) Determination 2000 refer to communication. Communication is defined in that determination as including communication in any form, including speech, music or other sounds, data, text, visual images and signals.

[6] Clause 10, Table 2, item 1, column 4

substitute

Land mobile service (paging)

Fixed service (paging)

(See notes 1 and 8)

[7] Clause 10, Table 2, notes 1 and 2

substitute

Note 1   The land mobile service (paging) in a channel with centre frequency 148.3375 MHz or 149.1875 MHz is a primary service when used for interior paging and is a secondary service when used for exterior paging.

The fixed service (paging) in a channel with centre frequency 148.3375 MHz or 149.1875 MHz is a primary service when used for interior paging and is a secondary service when used for exterior paging.

The land mobile service (paging) in segment A (other than in a channel with centre frequency 148.3375 MHz or 149.1875 MHz) is a primary service when used for exterior paging and is a secondary service when used for interior paging.

The fixed service (paging) in segment A (other than in a channel with centre frequency 148.3375 MHz or 149.1875 MHz) is a primary service when used for exterior paging and is a secondary service when used for interior paging.

Note 2   In a channel with centre frequency 149.7875, 149.8375 or 149.8875 MHz, the land mobile service (paging) or the fixed service (paging) may be authorised as a primary service when used for exterior paging or as a secondary service when used for interior paging.

[8] Clause 11, Table 3, note 1

substitute

Note 1   A station that is part of the land mobile service (paging) or the fixed service (paging) may be used in this segment in a channel with centre frequency 149.7875, 149.8375 or 149.8875 MHz and a channel bandwidth of 25 kHz. The channelling arrangements for the mobile-satellite service are not defined.

[9] Clause 11, figure 1, legend

omit

Paging

insert

Land mobile service (paging) and fixed service (paging)

 

Overview

The VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1) was enacted by the Australian Communications Authority under section 34 of the Radiocommunications Act 1992. This legislative instrument addresses the need to update and refine the frequency allocation for the VHF High Band, ensuring efficient and effective use of radio spectrum resources within this range. The Authority's role in updating the plan reflects the policy objective of maintaining an up-to-date and relevant framework for radiocommunications, which is critical for the growing demand for wireless communication services. This variation introduces new definitions and allocations to better accommodate emerging technologies and services, particularly in the context of paging services.

Scope and Application

The VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1) is a legislative instrument issued by the Australian Communications Authority under section 34 of the Radiocommunications Act 1992. It modifies the existing VHF High Band Frequency Band Plan (148 to 174 MHz) 1991, specifically addressing the definitions and services associated with the use of frequencies within the 148 to 174 MHz range. This Plan applies to all entities and persons operating radiocommunications services within the specified frequency band, ensuring compliance with the updated regulatory framework. The changes primarily affect the land mobile service and fixed service used for paging, delineating their primary and secondary service statuses based on specific channel frequencies. The Plan is effective from the date of its gazettal and applies nationally across Australia. It does not explicitly exclude any particular entities or services but rather updates the regulatory definitions and operational guidelines within the scope of the Radiocommunications Act 1992.

Key Provisions

The VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1) amends the 1991 version of the plan, effective from its date of gazettal. This legislative instrument modifies the existing plan under section 34 of the Radiocommunications Act 1992. Key changes include the substitution of definitions and service classifications, as well as adjustments to channel and bandwidth allocations. The primary modifications are outlined in Schedule 1 of the variation, which updates the terminology and usage criteria for paging services within the specified frequency range. The obligations imposed by this Act are primarily concerned with the classification and operation of services within the amended frequency band. For instance, the land mobile service (paging) and fixed service (paging) are now clearly defined, with specific rules regarding their primary and secondary service statuses in different channels. The Act also mandates that these services comply with the newly defined channelling arrangements and bandwidths. Additionally, it is required that any stations operating within these services adhere to the newly established regulations regarding their use in particular frequency channels and bandwidths. The variation introduces several potential consequences for non-compliance with the outlined regulations. While specific offences and penalties are not detailed within the text of this legislative instrument, breaches of the Radiocommunications Act 1992 or any associated regulations can result in substantial penalties. For instance, under the Radiocommunications Act, unauthorised use of radio frequencies can lead to fines and potential criminal charges, depending on the severity of the breach. The maximum penalties for such offences can include fines up to $11,000 for individuals and significantly higher amounts for corporations, as well as potential imprisonment terms. It is crucial for entities operating within the amended frequency band to ensure strict adherence to the updated regulations to avoid these consequences.

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