Overpower Narrowcaster gets 'clobbered'

It seems a Narrowcaster has been fined a substantial amount for being grossly overpowered and ignoring continued warnings from ACMA.

A Melbourne company has been fined more than $16,000 after being found guilty in the Melbourne Magistrate's Court on charges under the Radiocommunications Act 1992.

The case, brought by the Australian Communications and Media Authority involved the operation of a low power open narrowcasting (LPON) service from 101 Collins Street, in the Melbourne CBD. During 2003, other LPON operators
complained that the service was interfering with their coverage areas.

Field strength measurements at various locations found that it had exceeded the allowable transmitted field strength at distances greater than two kilometres from their transmitter.

ACMA decided to prosecute when the offences continued despite several written warnings and a penalty in lieu being issued.

The court found all three charges proven and imposed a fine of $4,000 on each charge. Costs totalling $4,399 were also awarded.

Magistrate Lisa Hannan said the penalty was a deterrent and that licence conditions were imposed to enable equitable access and use of the radio spectrum for the whole community.

LPON services provide niche FM radio broadcasting services to a limited reception area. Programs include racing and tourist information, ethnic broadcasting, information services, musical and religious programming.

Source: Wireless Institute of Australia