(1) In this instrument, unless the contrary intention appears:
AM radio band means the part of the spectrum from 526.5 kHz to 1606.5 kHz.
associate means:
(a) in relation to a body corporate:
(i) a director or secretary of the body corporate; or
(ii) a related body corporate; or
(iii) a director or secretary of a related body corporate; or
(iv) a business partner of the body corporate; or
(v) an individual who controls at least 15% of the voting power in, or holds at least 15% of the issued shares of, the body corporate; and
(b) in relation to an individual:
(i) a business partner of the individual; or
(ii) a body corporate in which the individual controls at least 15% of the voting power or of which the individual holds at least 15% of the issued shares; or
(iii) a body corporate of which the individual is a director or secretary; or
(iv) a body corporate that is a related body corporate of a body corporate of which the individual is a director or secretary.
broadcasting licence (narrowband area service) means a broadcasting licence that authorises the operation of a narrowband area service station.
broadcasting licence (narrowcasting service) means a broadcasting licence that authorises the operation of a narrowcasting service station.
broadcasting licence (national broadcast service) means a broadcasting licence that authorises the operation of a national broadcast service station.
broadcasting licence (re-transmission service) means a broadcasting licence that authorises the operation of a re-transmission service station.
broadcasting licence (temporary community broadcasting service) means a broadcasting licence issued under section 101A of the Act.
broadcasting service has the meaning given by the Broadcasting Services Act 1992.
commercial broadcasting licensee means a holder of a commercial radio broadcasting licence or a commercial television broadcasting licence allocated under the Broadcasting Services Act 1992.
community broadcasting licence has the meaning given by the Broadcasting Services Act 1992.
FM radio band means the part of the spectrum from 87.5 MHz to 108 MHz.
licence means:
(a) a broadcasting licence (narrowband area service); or
(b) a broadcasting licence (narrowcasting service); or
(c) a broadcasting licence (national broadcast service); or
(d) a broadcasting licence (re-transmission service); or
(e) a broadcasting licence (temporary community broadcasting service);
as the context requires.
licence area has the meaning given by the Broadcasting Services Act 1992.
licence area plan has the meaning given by the Broadcasting Services Act 1992.
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 1: The document Statistical Geography: Volume 3 – Australian Standard Geographic Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0) is available, free of charge, from the Australian Bureau of Statistics’ website at www.abs.gov.au.
Note 2: A locality corresponds to a population cluster of between 200 and 999 people.
low power open narrowcasting service means an open narrowcasting service provided using a transmitter licence that authorises the operation of a radiocommunications transmitter at a maximum effective radiated power that is not greater than:
(a) if the transmitter is operated in a residential area – 1 watt; or
(b) in any other case – 10 watts.
national broadcast service station means a radiocommunications transmitter that is operated for providing a national broadcasting service.
non-residential area means an area other than a residential area.
open narrowcasting service has the meaning given by the Broadcasting Services Act 1992.
planned minimum field strength, for a radiocommunications transmitter, means:
(a) if the planned minimum field strength for the transmitter is specified in the licence area plan prepared under section 26 of the Broadcasting Services Act 1992 that relates to the transmitter – that strength; or
(b) otherwise:
(i) for a radiocommunications transmitter authorised to be operated in the AM radio band, or the part of spectrum from 1606.5 kHz to 1705 kHz – 54 dBµV/m (0.5 mV/m);
(ii) for a radiocommunications transmitter authorised to be operated in the FM radio band – 54 dBµV/m;
(iii) for a radiocommunications transmitter authorised to be operated on a very high frequency – 44 dBµV/m;
(iv) for a radiocommunications transmitter authorised to be operated on an ultra high frequency that is less than 610 MHz – 50 dBµV/m;
(v) for a radiocommunications transmitter authorised to be operated on an ultra high frequency that is equal to or greater than 610 MHz – 54 dBµV/m.
related body corporate has the meaning given by the Corporations Act 2001.
relative, in relation to a person, means:
(a) the person’s spouse; or
(b) the person’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child; or
(c) the spouse of a relative mentioned in paragraph (b).
residential area means the area bounded by a line 20 kilometres outside of a locality or urban centre.
re-transmission service means a service that does no more than:
(a) re-transmit programs that are transmitted by a national broadcasting service; or
(b) re-transmit programs that are transmitted by a commercial broadcasting licensee or a community broadcasting licensee:
(i) within the licence area of that licence; or
(ii) outside the licence area of that licence in accordance with permission in writing given by the ACMA under subparagraph 212(b)(ii) of the Broadcasting Services Act 1992.
re-transmission service station means a radiocommunications transmitter that is operated for providing a re-transmission service.
service area, for a radiocommunications transmitter, means:
(a) if the licence that authorises operation of the transmitter specifies a coverage area for the transmitter – that coverage area; or
(b) otherwise – the area in which the median field strength of the transmitter is equal to, or greater than, the planned minimum field strength for the transmitter.
spouse, in relation to a person, includes a de facto partner of the person, within the meaning given by section 2D of the Acts Interpretation Act 1901.
Technical Planning Guidelines means guidelines developed under section 33 of the Broadcasting Services Act 1992.
Note: Guidelines developed under section 33 of the Broadcasting Services Act 1992 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
temporary community broadcasting licence has the meaning given by the Broadcasting Services Act 1992.
TV bands means the following parts of the spectrum:
(a) 174 MHz to 230 MHz;
(b) 520 MHz to 694 MHz.
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 1: The document Statistical Geography: Volume 3 – Australian Standard Geographic Classification (ASGC) Urban Centres/Localities, 2001 (cat. No. 2909.0) is available, free of charge, from the Australian Bureau of Statistics’ website at www.abs.gov.au.
Note 2: An urban centre corresponds to a population cluster of 1,000 or more people.
Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:
(a) ACMA;
(b) apparatus licence;
(c) broadcasting services bands licence;
(d) class licence;
(e) commercial broadcasting service;
(f) community broadcasting service;
(g) frequency band;
(h) national broadcasting service;
(i) spectrum licence;
(j) spectrum plan.
Note 4: In this instrument, licence has a different meaning to that given by the Act.
Note 5: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including:
(a) Act;
(b) broadcasting licence;
(c) broadcasting services bands;
(d) harmful interference;
(e) narrowband area service station;
(f) narrowcasting service station;
(g) station;
(h) ultra high frequency;
(i) very high frequency.
(2) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.
Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. This instrument imposes licence conditions on broadcasting licences, which are a type of transmitter licence, so this instrument is primarily concerned with transmitter licences and the radiocommunications transmitters whose operation is authorised by those licences. However, the operation of some conditions in relation to some broadcasting licences may depend on particular radiocommunications receivers.
(3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.
Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.
(4) Unless the contrary intention appears, no condition in Parts 2 to 6 (inclusive) limits any other condition in those Parts.