The ACMA has taken enforcement action against an established provider of radiocommunications equipment and services following repeated instances of non-compliance. The company was issued with four infringement notices for a total amount of $7,650 under section 315 of the Radiocommunications Act 1992.
The ACMA found that the company had authorised third parties to operate radiocommunications devices under its land mobile apparatus licence in a way that caused substantial interference to other licensed radiocommunications services, including the communications systems of a Melbourne security company.
A radiocommunications licensee may permit a third party to operate under its licence, but the operator must adhere to the conditions of the licence. This includes interference prevention conditions, in which the device’s operation must not affect other licensed radiocommunications services. The radiocommunications licensee must also provide authorisation records on request by the ACMA.
The company paid the penalties specified in the infringement notices, in which the ACMA alleged that the company had:
- engaged in conduct and was reckless as to whether this conduct would cause substantial interference to radiocommunications (one count for section 197)
- failed to provide the required records when requested by an ACMA Inspector (three counts for section 279).
The maximum penalty that a court can impose on conviction is up to one year imprisonment for an offence under section 197 and a fine of $3,400 for section 279. In lieu of prosecution, the company was issued with infringement notices by the ACMA.
The ACMA had previously worked with this company to improve its compliance practices. However, repeated contraventions resulted in the issue of infringement notices.
Read more about third-party authorisations.