Phaze FM fined for breaching Radiocommunications Act

Wednesday, 05 June, 2024

Phaze FM fined for breaching Radiocommunications Act

On 7 May 2024, the Federal Court published a judgment ruling that Phaze Broadcasting Pty Ltd (Phaze) had contravened the Radiocommunications Act 1992. The ruling followed an investigation by the Australian Communications and Media Authority (ACMA) into allegations that 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 judgment, 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.

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 $8000.

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