Radiocommunications (Allocation of Transmitter Licences – High Power Open Narrowcasting Licences) Determination 2024 (Cth)

Radiocommunications (Allocation of Transmitter Licences – High Power Open Narrowcasting Licences) Determination 2024

The Australian Communications and Media Authority makes the following determination under subsection 106(1) of the Radiocommunications Act 1992.

Dated: 19 September 2024 Adam Suckling [signed] Member

Michael Brealey [signed] General Manager

Australian Communications and Media Authority

Part 1—Preliminary 1 Name This instrument is the Radiocommunications (Allocation of Transmitter Licences – High Power Open Narrowcasting Licences) Determination 2024. 2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legisltion.gov.au.

3 Authority This instrument is made under subsection 106(1) of the Act. 4 Repeal of the Radiocommunications (Allocation of Transmitter Licences – High Power Open Narrowcasting Licences) Determination 2014 The Radiocommunications (Allocation of Transmitter Licences – High Power Open Narrowcasting Licences) Determination 2014 (F2014L00426) is repealed. 5 Definitions and interpretation (1) In this instrument: Act means the Radiocommunications Act 1992. application fee: see section 9. authorised agent: see subsection 15(1). Broadcasting Services Act means the Broadcasting Services Act 1992. business day means a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in any of: (i) the Australian Capital Territory; or (ii) New South Wales; or (iii) Victoria. closing date and time: see subsection 8(5).

Note: See also paragraph 20(2)(b). commencement time: see subsection 18(1). company means: (a) a company within the meaning of the Corporations Act 2001; or (b) a foreign corporation within the meaning of the Corporations Act 2001. contact details, in relation to a person, means one or more of the following: (a) postal address; (b) telephone number; (c) email address. HPON licence means a transmitter licence which authorises the operation of a radiocommunications transmitter for the provision of an open narrowcasting service at a maximum power which exceeds: (a) if the transmitter is operated in a residential area – 1 watt; (b) if the transmitter is operated in a non-residential area – 10 watts. Licence Allocation Exercise: see section 22. locality means an area designated as such by the Australian Bureau of Statistics in Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0). Note: Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0) is available, free of charge, on the Australian Bureau of Statistics' website at www.abs.gov.au. lodge: see section 40. non-residential area means an area other than a residential area. open narrowcasting service has the meaning given by section 18 of the Broadcasting Services Act. registered applicant: see subsection 14(3). reserve price: see section 10. residential area means the area bounded by a line that is 20 kilometres outside of an urban centre or locality. section 34 determination means a determination made by the ACMA under subsection 34(1) of the Broadcasting Services Act that a specified part of the radiofrequency spectrum is available for allocation, for a specified period, to providers of open narrowcasting services. successful applicant, for an HPON licence, means: (a) if there is more than one registered applicant for the licence — the registered applicant who, at the close of the Licence Allocation Exercise for the licence, bid an amount that is: (i) the highest bid for the licence; and (ii) at least the reserve price for the licence; or (b) if there is only one registered applicant for the licence — the registered applicant. urban centre means an area designated as such by the Australian Bureau of Statistics in Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0). Note: Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0) is available, free of charge, on the Australian Bureau of Statistics' website at www.abs.gov.au. winning price, for an HPON licence which is allocated in accordance with Part 4, means the amount of the highest bid for the licence made by the successful applicant for the licence.