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Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001

as amended

made under subsection 12 (1) of the

Australian Communications Authority Act 1997

This compilation was prepared on 30 September 2005
taking into account amendments up to Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (Amendment No. 1 of 2002)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

 1 Name of Direction [see Note 1]
 2 Commencement
 3 Definitions
 4 Direction — renewal of HPON radio Licences
 5 Direction — period of renewal of HPON radio licences
 5A Direction — interim period of issue and renewal of HPON radio licences
 6 Application to ABA when acting as delegate of ACA

Notes

1 Name of Direction [see Note 1]

  This Direction may be cited as the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001.

2 Commencement

  This Direction commences on 1 March 2001.

3 Definitions

  In this Direction:
ABA means the Australian Broadcasting Authority.
ACA means the Australian Communications Authority.
broadcasting services bands spectrum has the same meaning as in the BSA.
BSA means the Broadcasting Services Act 1992.
HPON radio licence means a transmitter licence issued under section 100 of the Radcom Act which authorises the operation of a transmitter:
 (a) for the provision of an open narrowcasting radio service in a part of
the broadcasting services bands which is, at the time the licence is issued, available for allocation under a section 34 open narrowcasting determination; and
 (b) at a maximum power which exceeds:
 (i) if the transmitter is operated in a residential area — 1 watt;
 (ii) if the transmitter is operated in a non-residential area — 10 watts.
open narrowcasting radio service has the same meaning as in the BSA.
open narrowcasting service has the same meaning as in the BSA.
Radcom Act means the Radiocommunications Act 1992.
section 34 open narrowcasting determination means any determination under subsection 34 (1) of the BSA, under which the ABA has determined that a specified part or parts of the radiofrequency spectrum is or are available for allocation, for a period or periods specified by the ABA, to providers of open narrowcasting services.
transmitter means a radiocommunications transmitter within the meaning of the Radcom Act.
transmitter licence has the same meaning as in the Radcom Act.

4 Direction — renewal of HPON radio Licences

  The ACA must not refuse to renew an HPON radio licence under section 130 of the Radcom Act on the basis of a general policy that such licences should be issued under a price-based allocation system determined under subsection 106 (1) of the Radcom Act.

5 Direction — period of renewal of HPON