Radiocommunications Amendment Act 2000

17 New heading and sections 34A-34D inserted
  • The principal Act is amended by inserting, after section 34, the following heading and sections:

    Power floors

    34A Power floors applying when radio frequencies registered under Act
    • (1) Unless section 34B or section 34C applies, the power floor relating to each frequency to which each record of management rights relates is the power floor specified on the application under which the record of management rights is recorded on the register.

      (2) Where no power floor is specified in an application for management rights for a frequency, the power floor is -50dBW.

    34B Modification of power floors
    • Where the Secretary and any manager agree to modify the power floor applying to any 1 or more frequencies to which the manager's record of management rights relates, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—

      • (a) the power floor that is to apply, under the agreement, to any 1 or more frequencies to which that record of management rights relates; and

      • (b) the date from which the modified power floor or floors apply.

    34C Power floors applying after creation of records of management rights under section 45(1) or 47(1)
    • (1) Where, under section 44(1), the Registrar cancels a record of management rights and, under section 45(1), creates new records of management rights in relation to the frequencies to which the cancelled record of management rights relates, the power floor applying to each frequency in each record of management rights so created is the power floor for that frequency specified in the cancelled record of management rights.

      (2) Where, under section 46(1), the Registrar cancels any records of management rights and, under section 47(1), creates a new record of management rights in relation to the frequencies to which the cancelled records of management rights relate, the power floor for each frequency specified in the cancelled records of management rights continues to apply to those frequencies.

    Management rights ceiling

    34D Ceiling for management rights
    • Nothing in Parts III to XII or Part XVI applies to any emissions transmitted from any point that is more than 50 kilometres above the surface of the earth.