Commonwealth of Australia
Radiocommunications Act 1992
VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 1998
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Instrument of Variation under subsection 34 (1) of the Radiocommunications Act 1992.
Dated 12 June 1998.
A.J SHAW
Chairman
R HORTON
Deputy Chairman
Australian Communications Authority
__________________
1. Commencement
1.1 This Instrument of Variation commences on 1 July 1998.
2. Variation
2.1 The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) is varied as set out in this Instrument of Variation.
3. Clause 2 (General)
3.1 General notes 4–9:
Omit the notes.
4. Clause 3 (Interpretation)
4.1 Subclause 3 (2), definition of authorised:
Omit “SMA”, substitute “ACA”.
4.2 Subclause 3 (2), definition of conversion date:
Omit the definition.
5. Clause 4 (Conversion Dates)
5.1 Omit the clause.
6. Clause 5 (Table 1—Conversion date in high spectrum demand areas of States)
6.1 Omit the clause.
7. Clause 9 (Exemption from compliance with clauses 6 and 7)
7.1 Omit the clause, substitute:
Exemption from compliance with clause 6 or 7—existing services
“9. (1) An existing service may use frequencies in the VHF Mid Band, on a secondary basis, to supply a service that does not comply with either clause 6 or 7.
“(2) For subclause (1), an existing service is a service for the operation of which a licence:
(a) was, or is taken to have been, in force on 30 June 1998; and
(b) has continued, or is taken to have continued, in force after that date.
“(3) For this clause:
(a) a licence is taken to have been in force on 30 June 1998 if the operation of the service became unlicensed between 2 May 1998 and 30 June 1998 and was unlicensed for not more than 60 consecutive days; and
(b) a licence is taken to have continued in force after 30 June 1998 if the operation of the service has been unlicensed for not more than 60 consecutive days.”.
8. Clause 9A (Authorisation to use a service beyond conversion date)
8.1 Omit the clause, substitute:
Exemption from compliance with clause 7—new services
“9A. (1) A new service may use frequencies in the VHF Mid Band, on a secondary basis, in a non-HSD area, to supply a service that does not comply with clause 7.
“(2) For subclause (1), a new service is a service for which a licence was not in force, or taken to have been in force for clause 9, on 30 June 1998.”.
9. Clause 10 (Table 2—Service allocations)
9.1 Note 3:
Omit “SMA”, substitute “ACA”.
Overview
The Commonwealth of Australia's Radiocommunications Act 1992, enacted by the Australian Parliament, governs the regulation and management of radiocommunications in the country. This Act aims to ensure efficient and effective use of the radio spectrum while avoiding harmful interference between different users. The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 1998 is a legislative instrument made by the Australian Communications Authority (ACA) under subsection 34(1) of the Radiocommunications Act 1992. This instrument addresses a gap in the allocation and regulation of the VHF Mid Band frequency spectrum (70 to 87.5 MHz) by making specific variations to the original plan. The policy objective is to streamline and modernise the administration of radiocommunications services within the specified frequency band.
Scope and Application
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 1998 is a legislative instrument made under subsection 34(1) of the Radiocommunications Act 1992 by the Australian Communications Authority (ACA). This instrument modifies the existing frequency band plan and came into effect on 1 July 1998. The changes include the omission of certain notes, definitions and conversion dates, as well as the introduction of new exemptions for existing and new services. The exemptions allow existing services to use frequencies in the VHF Mid Band on a secondary basis if they were operating under a valid licence as of 30 June 1998, and new services can do the same if they were not operating under a licence on that date but have been in operation for no more than 60 consecutive days. The exemptions allow these services to operate without complying with specific clauses of the Act. The changes made by this instrument apply nationally within the Commonwealth of Australia and are intended to provide flexibility in the use of the VHF Mid Band frequencies.
Key Provisions
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 1998, made under the Radiocommunications Act 1992, commences on 1 July 1998. The main operative sections of this instrument provide specific variations to the existing VHF Mid Band Frequency Band Plan. For instance, Clause 3 (Interpretation) modifies the definition of 'authorised' to substitute "ACA" for "SMA," and Clause 9 (Exemption from compliance with clauses 6 and 7) outlines conditions under which existing services may use frequencies on a secondary basis. Additionally, Clause 9A (Authorisation to use a service beyond conversion date) provides exemptions for new services in non-high spectrum demand areas.
The Act imposes several obligations and requirements on parties and entities governed by it. For example, under Clause 9, existing services must ensure that their licences were in force on 30 June 1998 and have continued to be in force after that date to qualify for the exemption. Furthermore, Clause 9A requires that new services must not have had a licence in force on 30 June 1998 to be eligible for the exemption. These clauses also include specific definitions to clarify terms such as 'existing service' and 'new service,' ensuring that all parties understand their obligations.
The Instrument also outlines potential consequences for breaches of the Act. Although the specific penalties for non-compliance are not detailed within the Instrument itself, under the overarching Radiocommunications Act 1992, breaches can result in significant penalties. These may include fines and other administrative actions, which are determined based on the severity and nature of the breach. The penalties aim to ensure adherence to the regulatory framework governing radiocommunications in Australia.