Commonwealth legislation

Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This direction freezes use of MF NAS transmitter licences for commercial broadcasting as of 6 November 2002: only operators already using them (or holding renewals) may provide commercial radio. Station sites are locked within 10 km of their 2002 locations unless the ACA approves a move that serves the same audience and avoids harmful interference. It grandfathered incumbents and bars new commercial entrants via these licences.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003.

Direction — MF NAS transmitter licences

5 Direction – MF NAS transmitter licences

I direct the ACA to exercise its powers under sections 107 and 111 of the Act, as soon as practicable, to ensure that conditions are imposed on all MF NAS transmitter licences which have the effect that the licensee must not operate a station under the licence to provide a commercial broadcasting service unless:

(a) the licence was:

(i) issued under section 100 of the Act before 6 November 2002; or

(ii) issued under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i);

(b) the commercial broadcasting service is provided under a licence which was allocated under section 40 of the Broadcasting Services Act 1992 before 6 November 2002;

(c) the commercial broadcasting service is provided before the date 12 months after the commencement of this Direction; and

(d) the location of the station is:

(i) within 10 km of its location on 6 November 2002; or

(ii) a location outside the 10 km radius referred to in subparagraph (i) that is determined by the ACA in accordance with clause 6 of this Direction and notified to the licensee in writing.

Conditions for ACA approval of relocation of station more than 10 km

6 Conditions for ACA approval of relocation of station more than 10 km

For the purposes of subparagraph 5(d)(ii) of this Direction the ACA must not determine a location (the ‘new location’) unless it is satisfied that:

(a) transmissions from the new location would provide a service to substantially the same intended audience as the audience that was intended to be covered from the location of the station on 6 November 2002; and

(b) transmissions from the new location would not significantly interfere with any existing radiocommunications services.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

5 Direction — MF NAS transmitter licences