Document ID: chunk:federal_register_of_legislation:F2017C01145:body:0:p9
Version: federal_register_of_legislation:F2017C01145
Segment Type: other
Provision Reference: 
Character Range: 21368–24102

powers and performs its functions in relation to imposing conditions on certain licences.

Part 5 Conditions for broadcasting licence (narrowband area service)

5.1 Conditions
 (1) For paragraph 107 (1) (f) of the Act, every broadcasting licence (narrowband area service) is subject to the conditions in this Part relating to the operation of any narrowband area service station under the licence by the licensee.
 (2) The conditions in this Part are additional to the conditions in Part 2.
Note   The spectrum plan provides for the issue of broadcasting licences in bands that are allocated for fixed services or for mobile services, and that are not allocated for broadcasting services.  It is a policy of the ACMA that broadcasting licences issued in accordance with those provisions of the spectrum plan will be subject to conditions similar to those applied to stations in the same band that are allocated to a fixed service or a mobile service.
5.2 Narrowband area services operating in the frequency band 1606.5 kHz to 1705 kHz
  If the licensee operates a narrowband area service station on a frequency in the frequency band 1606.5 kHz to 1705 kHz, the licensee must not operate the station if its operation causes harmful interference to the reception of broadcasting transmissions in the AM radio band.
5.3 Narrowband area services operating in the frequency band 1606.5 kHz to 1705 kHz — commercial broadcasting service
 (1) Subject to section 5.4, a licensee that operates a narrowband area service station on a frequency in the frequency band 1606.5 kHz to 1705 kHz must not operate the station to provide a commercial broadcasting service unless:
 (a) the broadcasting licence (narrowband area service) to which the station relates was issued:
 (i) under section 100 of the Act before 6 November 2002; or
 (ii) under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i); and
 (b) the commercial broadcasting service is provided under a commercial licence allocated before 6 November 2002; and
 (c) the commercial broadcasting service commenced before 29 August 2004; and
 (d) the location of the station is:
 (i) within 10 kilometres of its location on 6 November 2002 (the old location); or
 (ii) another location that is
 (A) more than 10 kilometres from the old location; and
 (B) specified in a licence issued by the ACMA in accordance with subsection (2A).
 (2) The licensee must provide any evidence required by the ACMA for the purposes of paragraph (1) (c).
 (2A) For sub-subparagraph (1) (d) (ii) (B), the ACMA may specify a location (the new location) if the ACMA is satisfied that:
 (a) transmissions from the new location would provide a service