Commonwealth of Australia
Radiocommunications Act 1992
VHF Mid Band Frequency Band Plan (70 to
87.5 MHz)[1] (Variation)
I, CHRISTINE MARY GOODE, Spectrum Manager, acting on behalf of the Spectrum Management Agency, make the following Instrument of Variation under subsection 34 (1) of the Radiocommunications Act 1992.
Dated 25 June 1996.
CHRISTINE M. GOODE
Spectrum Manager
_____________
1. Variation
1.1 The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) is varied as set
out in this Instrument of Variation.
[NOTE: This Instrument of Variation commences on gazettal: see Radiocommunications Act 1992 s. 34 and Acts Interpretation Act 1901, ss. 46A and 48.]
2. Clause 2 (General)
2.1 Note (4) to clause 2:
Omit “Each Regional Office of the Department”, substitute “The SMA”.
2.2 Note (4) to clause 2:
Omit “in their region”.
2.3 Note (8) to clause 2:
Omit “the relevant Regional Office”, substitute “the SMA”
3. Clause 3 (Interpretation)
3.1 Subclause 3 (1):
Omit the subclause, substitute:
“(1) Unless the contrary intention appears, if any expression used in this Band Plan is defined in:
(a) the Radiocommunications Act 1992; or
(b) the Australian Radiofrequency Spectrum Plan; or
(c) the Radiocommunications Regulations; or
(d) the Radiocommunications (Definitions) Determination No. 2 of
1993;
the expression has the same meaning in this Band Plan as in that Act, that Spectrum Plan, those Regulations, or that Determination, as the case requires.”.
3.2 Subclause 3 (2):
After the definition of “allowed area”, insert:
“‘authorised’ means authorised by the SMA;”.
3.3 Subclause 3 (2) (Definition of “primary service”):
Omit “Part 3 of the Radiocommunications—Australian Spectrum Plan;”,
substitute “the Australian Radiofrequency Spectrum Plan;”.
3.4 Subclause 3 (2) (Definition of “secondary service”):
Omit “Part 3 of the Radiocommunications—Australian Spectrum Plan;”,
substitute “the Australian Radiofrequency Spectrum Plan;”.
3.5 Subclause 3 (2) (Definition of “Regional Office”):
Omit the definition.
3.6 Subclause 3 (3):
Omit the subclause.
4. Clause 6 (General Purposes for Band Segments)
4.1 Clause 6:
Omit “Part 4 of the Radiocommunications—Australian Spectrum Plan,”,
substitute “the Australian Radiofrequency Spectrum Plan,”.
5. Clause 7 (Channelling Arrangements for Band Segments)
5.1 Subclause 7(1):
Omit “Part 4 of the Radiocommunications—Australian Spectrum Plan,”,
substitute “the Australian Radiofrequency Spectrum Plan,”.
6. Clause 9 (Exemption From Compliance With Clauses 6 and 7)
6.1 Clause 9:
Add at the end of the clause:
“(4) An existing service, part of an existing service, an increased existing service or a new service may be authorised to operate after the conversion date relating to the service:
(a) on a transitional basis in accordance with clause 9A; and
(b) for purposes, or with technical or operational characteristics, other than those specified in this Band Plan.”.
7. New clause 9A
7.1 After clause 9, insert:
Authorisation to operate a service after conversion date
“9A. (1) An authorisation under subclause 9 (4) must not be given unless:
(a) the SMA is satisfied that a person who proposes to operate the service in accordance with the authorisation has taken all reasonable actions to comply with the Band Plan by the relevant conversion date; and
(b) the SMA is satisfied that the operation of the service in accordance with the authorisation will not cause interference or any disadvantage to other services which are operating in compliance with the Band Plan; and
(c) the person operating the service has acknowledged to the SMA in writing that the service may be subject to interference by other services which are operating in compliance with the Band Plan.
“(2) An authorisation has no effect after 30 June 1998.”.
8. Clause 10 (Table 2: service allocations)
8.1 Note 3 to the table:
Omit “by the Secretary, or by an officer of the Department authorised in writing by the Secretary”, substitute “by the SMA”.
NOTE
1. Statutory Rules 1991 No. 355, as amended by Statutory Rules 1993 No 37. Section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 (“the Transitional Act”) provides that, inter alia, a frequency band plan prepared under the Radiocommunications Act 1983 that was in force immediately before the commencement of the Transitional Act continues in force and is taken to be a frequency band plan under the Radiocommunications Act 1992.
Overview
The Radiocommunications Act 1992 was enacted to provide for the regulation of radiocommunications in Australia, ensuring efficient use of the radio frequency spectrum. The Act established a framework for the management and allocation of spectrum, aiming to facilitate the development of radiocommunications services while minimising interference and ensuring equitable access. This legislation was introduced to address the need for a comprehensive and coordinated approach to managing radio frequencies, which had become increasingly critical with the expansion of wireless communication technologies. The Act was passed by the Parliament of Australia, with a policy objective to enhance the effective use of the radio spectrum, support technological innovation, and protect public interest. The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) Variation, made under the Act by the Spectrum Management Agency, further refines the management of specific frequency bands, ensuring they are used efficiently and in accordance with national spectrum plans.
Scope and Application
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) Variation Instrument, made under the Radiocommunications Act 1992, pertains to the allocation and use of radio frequencies within the specified band, impacting entities and individuals who operate radiocommunication services in Australia. The instrument is applicable nationally and is administered by the Spectrum Management Agency (SMA), which replaced the previous Department of Communications, Information Technology and the Arts. The SMA is responsible for authorising services and ensuring compliance with the frequency band plan. The instrument outlines conditions for transitional authorisations for existing services, allowing them to continue operating under certain stipulations if they do not fully comply with the new plan by the conversion date. Such authorisations are subject to conditions, including a requirement for the SMA to be satisfied that the operation will not cause interference to other compliant services and that the service operator acknowledges potential interference risks. These authorisations are temporary, expiring on 30 June 1998. The instrument also updates references to reflect the SMA's role, replacing references to the Department with the SMA in various clauses and notes, ensuring alignment with current administrative structures.
Key Provisions
The Instrument of Variation primarily modifies the VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) as per the Radiocommunications Act 1992. Key changes include substituting references to the former Department of Communications with the Spectrum Management Agency (SMA) and altering the definitions of terms such as "primary service" and "secondary service" to align with the Australian Radiofrequency Spectrum Plan (section 1). Additionally, clause 9A introduces new authorisation requirements for services operating after the conversion date, ensuring they do not cause interference to other compliant services (section 7).
Entities governed by the Act, particularly those operating within the specified frequency band, must comply with the amended Band Plan. This includes adhering to the new definitions and requirements set out in the Instrument of Variation, such as the authorisation process for services to operate after the conversion date. The SMA is responsible for ensuring that all services meet these conditions and that their operations do not adversely affect other compliant services (section 2).
The Act imposes several obligations on entities operating within the specified frequency band. They must take all reasonable actions to comply with the amended Band Plan by the conversion date and must acknowledge in writing that their service may be subject to interference by other compliant services (section 7). Failure to comply with these obligations may result in civil or criminal consequences, although the specific penalties are not detailed in the provided text. Authorisations granted under clause 9A are temporary, ceasing to have effect after 30 June 1998 (section 7).
While the specific penalties for non-compliance are not explicitly stated in the provided text, any breaches of the amended Band Plan could potentially lead to civil or criminal consequences. These may include fines, suspension of operations, or other regulatory actions as prescribed by the Radiocommunications Act 1992. The SMA retains the authority to enforce these provisions and to take appropriate action against non-compliant entities.