The ACMA welcomes the Federal Court judgement in its case against Phaze Broadcasting Pty Ltd (Phaze).
On 7 May 2024 the Federal Court published its judgement that Phaze contravened the Radiocommunications Act 1992. The Court found that Phaze was in possession of, and operated, unlicensed radiocommunications transmitters.
As a result, Phaze was required to forfeit three radiocommunications transmitters and was issued an injunction preventing it from carrying out further contraventions. It was also issued a fine of $8,000.
The ruling follows an investigation by the ACMA into allegations Phaze was breaching its low power open narrowcasting (LPON) licence by operating radiocommunications transmitters from an unlicensed address in Ballarat, Victoria.
Phaze has a number of LPON licences in the Ballarat area but was not operating at the locations specified on its licences. LPONs must be operated from the locations specified in the licence to minimise the risk of interfering with other radiocommunications devices.
In his judgement, Justice O’Callaghan found that a failure to comply with the licensing regime is harmful to the community of licensees who rely on the proper regulation of the spectrum for commercial purposes, as well as for defence, national security and other non-commercial purposes; and to the Australian community who rely on, and enjoy the benefits of, a well-managed spectrum.
An open narrowcasting service is a broadcasting service which by law must be limited in some way, such as being targeted to people in a particular location or who share a special interest.
A person operating an LPON service must do so only as authorised by their licence, which includes only transmitting from the location listed in their licence.