Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This instrument determines conditions that apply to the Area-Wide Licence transmitter licence type.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 30 Jan 2020
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020

Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under paragraph 107(1)(f) of the Radiocommunications Act 1992.

Dated: 28 January 2020

 

Nerida O’Loughlin
[signed]
Member

Creina Chapman
[signed]
Member/General Manager


 

1                   Name of Determination

                This Determination is the Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020.

2                   Commencement

                This Determination commences at the start of the day after it is registered on the Federal Register of Legislation.

                Note: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

3                   Authority

This Determination is made under paragraph 107(1)(f) of the Radiocommunications Act 1992.

4                   Scope

(1)     This Determination sets out a condition to which an area-wide licence is subject.

(2)     However, if the condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.

5                   Interpretation

In this Determination, unless the contrary intention appears:

Act means the Radiocommunications Act 1992.

licensee means:

(a)     the holder of an area-wide licence; or

(b)     a person authorised by the holder of an area-wide licence to operate a station under the licence.

Note 1:  In accordance with paragraph 13(1)(b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

·           frequency band

·           Register.

Note 2:  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:

·           area-wide licence

·           area-wide station

·           mobile station.

6                   Condition

For paragraph 107(1)(f) of the Act, every area-wide licence is subject to the condition in section 7.

 

7                   Location of area-wide stations

(1)   Subject to subsection (3), the ACMA or any other person may request, in writing, from a licensee the following information:

(a)   the location of all area-wide stations operated under the licence on the day the request is made; 

(b)   the maximum total radiated power for each such area-wide station.

(2) The licensee must provide the information within ten business days of receiving the request.

(3)   The licensee need not provide the information if:

(a)   the information is about an area-wide station that is a mobile station; or

(b)   the information is included in the Register.

 

Note:  The information may be included in the Register if the licence is subject to a condition of the kind referred to in subsection 10(5A), 10(6A) or 10(7A) of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.