Broadcasting Legislation Amendment (Digital Radio) Act 2007 (Cth)
This compilation was prepared on 15 July 2008
[Schedule 2 (item 1) amended item 148 of Schedule 1
Schedule 2 (item 1) commenced immediately after 29 May 2007]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Broadcasting Legislation Amendment (Digital Radio) Act 2007 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 28 May 2007 |
Schedule 1 | The day after this Act receives the Royal Assent. | 29 May 2007 |
Schedule 2 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 19 July 2007 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
analog commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using an analog modulation technique.
Insert:
analog community radio broadcasting service means a community radio broadcasting service that is transmitted using an analog modulation technique.
3
Subsection 6(1) (definition of broadcasting services bands ) Repeal the definition, substitute:
broadcasting services bands means:
(a) that part of the radiofrequency spectrum that:
(i) is designated under subsection 31(1) of the
Radiocommunications Act 1992 as being primarily for broadcasting purposes; and(ii) is referred by the Minister under that subsection to the ACMA for planning; and
(b) that part of the radiofrequency spectrum that:
(i) is designated under subsection 31(1A) of the
Radiocommunications Act 1992 as being partly for the purpose of digital radio broadcasting services and restricted datacasting services; and(ii) is referred by the Minister under that subsection to the ACMA for planning.
4
Subsection 6(1) (definition of commercial radio broadcasting licence ) Repeal the definition, substitute:
commercial radio broadcasting licence means a licence under Part 4 to provide:
(a) in the case of a licence allocated under subsection 40(1)—a commercial radio broadcasting service; or
(b) in any other case—the commercial radio broadcasting service or services that, under section 41D, are authorised by the licence.
Insert:
commercial radio broadcasting service means a commercial broadcasting service that provides radio programs.
6
Subsection 6(1) (paragraph (a) of the definition of commercial television broadcasting licence ) Omit “and”, substitute “or”.
7
Subsection 6(1) (definition of community broadcasting licence ) Repeal the definition, substitute:
community broadcasting licence means:
(a) a community radio broadcasting licence; or
(b) a community television broadcasting licence.
Insert:
community radio broadcasting licence means:
(a) a licence under Part 6 to provide:
(i) in the case of a licence allocated under subsection 82(1)—a community radio broadcasting service; or
(ii) in the case of a designated community radio broadcasting licence—the community radio broadcasting service or services that, under section 85A, are authorised by the licence; or
(iii) in any other case—a community radio broadcasting service; or
(b) a licence under Part 6A to provide a community radio broadcasting service.
Insert:
community radio broadcasting service means a community broadcasting service that provides radio programs.
Insert:
community television broadcasting licence means a licence under Part 6 or 6A to provide a community broadcasting service that provides television programs.
Insert:
designated community radio broadcasting licence has the meaning given by section 8AA.
Insert:
digital commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using a digital modulation technique.
Insert:
digital community radio broadcasting service means a community radio broadcasting service that is transmitted using a digital modulation technique.
Insert:
digital national radio broadcasting service means a national radio broadcasting service that is transmitted using a digital modulation technique.
Insert:
digital program enhancement content , in relation to a radio program, means content:
(a) in the form of text; or
(b) in the form of still visual images; or
(c) if a form is specified in a legislative instrument made by the Minister—in that form; or
(d) in any combination of the above forms;
where:
(e) the content is transmitted using a digital modulation technique; and
(f) both the content and the radio program are intended to be received by the same reception equipment; and
(g) if:
(i) the reception equipment is capable of receiving both the content and the radio program; and
(ii) the reception equipment is set to receive the radio program;
the reception equipment will also receive the content.
Insert:
digital radio moratorium period for a licence area has the meaning given by subsection 35C(3).
Insert:
digital radio multiplex transmitter licence has the same meaning as in theRadiocommunications Act 1992 .
Insert:
digital radio start‑up day for a licence area has the meaning given by section 8AC.
Insert:
foundation digital radio multiplex transmitter licence has the same meaning as in theRadiocommunications Act 1992 .
20
Subsection 6(1) (at the end of the definition of licence area ) Add:
Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.
Insert:
multiplex capacity has the same meaning as in Division 4B of Part 3.3 of theRadiocommunications Act 1992.
Insert:
national radio broadcasting service means a national broadcasting service that provides radio programs.
Insert:
radio program has a meaning affected by section 8AB.
Insert:
restricted datacasting licence means a datacasting licence allocated as a result of an application for a restricted datacasting licence.
Insert:
restricted datacasting service means a datacasting service provided under, and in accordance with the conditions of, a restricted datacasting licence.
Insert:
(1) For the purposes of this Act, a community radio broadcasting licence is a
designated community radio broadcasting licence if:
(a) the community radio broadcasting licence was allocated under Part 6 (other than under subsection 82(1)); and
(b) the licence area of the community radio broadcasting licence is the same as the licence area of a commercial radio broadcasting licence; and
(c) the community radio broadcasting service or services provided under the community radio broadcasting licence satisfy such conditions (if any) as are set out in a legislative instrument made by the ACMA.
Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.
(2) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by paragraph (1)(c).
(3) The ACMA must comply with a direction under subsection (2).
Commercial radio broadcasting services
(1) For the purposes of this Act and any other law of the Commonwealth, if a commercial radio broadcasting licensee provides:
(a) a digital commercial radio broadcasting service; and
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
Community radio broadcasting services
(2) For the purposes of this Act and any other law of the Commonwealth, if a designated community radio broadcasting licensee provides:
(a) a digital community radio broadcasting service; and
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
National radio broadcasting services
(3) For the purposes of this Act and any other law of the Commonwealth, if a national broadcaster provides:
(a) a digital national radio broadcasting service; and
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
(1) If the ACMA is satisfied that:
(a) the ACMA has taken sufficient action under:
(i) Part 3 of this Act; and
(ii) Part 2.3 of the
Radiocommunications Act 1992 ;to facilitate the provision of the following services in a licence area:
(iii) digital commercial radio broadcasting services;
(iv) digital community radio broadcasting services;
(v) digital national radio broadcasting services; and
(b) one or more foundation digital radio multiplex transmitter licences have been issued for the licence area; and
(c) the multiplex capacity, or the combined multiplex capacities, of those licences are sufficient to fulfil the standard access entitlements that are likely to come into existence under subsection 118NQ(2) of the
Radiocommunications Act 1992 in its application to the licence area; and(d) an access undertaking under Division 4B of Part 3.3 of the
Radiocommunications Act 1992 is in force for the licence or licences referred to in paragraph (b);the ACMA may, by writing, declare a specified day to be the
digital radio start‑up day for the licence area.
(2) A day specified in a declaration under subsection (1) must not be earlier than the day on which the declaration is made.
(3) The ACMA must ensure that:
(a) the digital radio start‑up day for a metropolitan licence area is not later than 1 January 2009; and
(b) the digital radio start‑up day for a regional licence area is the day specified for the regional licence area in a legislative instrument made by the Minister.
(4) A copy of a declaration under subsection (1) must be made available on the ACMA’s Internet site.
(5) A declaration under subsection (1) is not a legislative instrument.
ACMA to give notice of intention to make a declaration
(6) Before making a declaration under subsection (1), the ACMA must, by notice published on the ACMA’s Internet site, give at least 30 days’ written notice of its intention to make the declaration.
(7) A notice under subsection (6) is not a legislative instrument.
Definitions
(8) In this section:
licence area means:
(a) the licence area of a commercial radio broadcasting licence; or
(b) the licence area of a community radio broadcasting licence, where that licence area is the same as the licence area of a commercial radio broadcasting licence.
metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia; or
(f) Tasmania.
regional licence area means a licence area that is not a metropolitan licence area.Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.
Western Suburbs Sydney RA1
(1) For the purposes of:
(a) section 8AC of this Act; and
(b) the definition of
designated BSA radio area in section 5 of theRadiocommunications Act 1992 ; and(c) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the
Radiocommunications Act 1992 ; or(iii) any other law of the Commonwealth;
to digital commercial radio broadcasting services;
the licence area known as Western Suburbs Sydney RA1 is taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Sydney.
Hobart RA2 and Hobart RA4
(2) For the purposes of:
(a) sections 8AA and 8AC of this Act; and
(b) the definition of
designated BSA radio area in section 5 of theRadiocommunications Act 1992 ; and(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the
Radiocommunications Act 1992 ; and(d) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the
Radiocommunications Act 1992 ; or(iii) any other law of the Commonwealth;
to digital community radio broadcasting services;
the licence areas known as Hobart RA2 and Hobart RA4 are taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Hobart.
Other licence areas
(3) The ACMA may, by legislative instrument, determine that, for the purposes of:
(a) sections 8AA and 8AC of this Act; and
(b) the definition of
designated BSA radio area in section 5 of theRadiocommunications Act 1992 ; and(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the
Radiocommunications Act 1992 ; and(d) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the
Radiocommunications Act 1992 ; or(iii) any other law of the Commonwealth;
to digital community radio broadcasting services;
a specified licence area of a community radio broadcasting licence is taken to be the same as a specified licence area of a commercial radio broadcasting licence.
(4) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by subsection (3).
(5) The ACMA must comply with a direction under subsection (4).
Add:
(3) A digital commercial radio broadcasting service is not an open narrowcasting service.
(4) A digital community radio broadcasting service is not an open narrowcasting service.
(5) A digital national radio broadcasting service is not an open narrowcasting service.
Omit “section 31”, substitute “subsection 31(1)”.
After “broadcasting services”, insert “or restricted datacasting services, or both,”.
Add “prepared under subsection (1)”.
Insert:
(2A) If the Minister has, under subsection 31(1A) of the
Radiocommunications Act 1992 , referred a part of the radiofrequency spectrum to the ACMA for planning, the ACMA must, by legislative instrument, prepare a frequency allotment plan that determines the number of channels that are to be available in particular areas of Australia to provide the following services using that part of the radiofrequency spectrum:
(a) digital commercial radio broadcasting services;
(b) digital community radio broadcasting services;
(c) digital national radio broadcasting services;
(d) restricted datacasting services.
(2B) The ACMA may, by legislative instrument, vary a frequency allotment plan prepared under subsection (2A).
Add:
(4) Sections 23, 24 and 27 do not apply in relation to the preparation or variation of a frequency allotment plan to the extent to which the frequency allotment plan or the variation, as the case may be, relates to any of the following services:
(a) digital commercial radio broadcasting services;
(b) digital community radio broadcasting services;
(c) digital national radio broadcasting services;
(d) restricted datacasting services.
Omit “is to prepare in writing”, substitute “must, by legislative instrument, prepare”.
Insert:
(1A) To the extent to which a licence area plan deals with:
(a) digital commercial radio broadcasting services; or
(b) digital community radio broadcasting services; or
(c) digital national radio broadcasting services;
the licence area plan is not required to determine the technical specifications of those services.
Omit “notice in writing”, substitute “legislative instrument”.
Insert:
Commercial radio broadcasting services
(1) If:
(a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorises the licensee to provide digital commercial radio broadcasting services in the licence area;
the relevant licence area plan is not required to deal with those services.
(2) If:
(a) the ACMA allocates a digital commercial radio broadcasting licence in accordance with subsection 35D(3); and
(b) the licence authorises the licensee to provide digital commercial radio broadcasting services in the licence area;
the relevant licence area plan is not required to deal with those services.
Community radio broadcasting services
(3) If:
(a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence; and
(b) the licence authorises the licensee to provide digital community radio broadcasting services in the licence area;
the relevant licence area plan is not required to deal with those services.
(1) This section applies if a licence area plan deals with:
(a) digital commercial radio broadcasting services; or
(b) digital community radio broadcasting services; or
(c) digital national radio broadcasting services.
(2) The licence area plan is not required to identify:
(a) individual digital commercial radio broadcasting services; or
(b) individual digital community radio broadcasting services; or
(c) individual digital national radio broadcasting services.
(3) It is sufficient if the licence area plan deals collectively with:
(a) the digital commercial radio broadcasting services; and
(b) the digital community radio broadcasting services; and
(c) the digital national radio broadcasting services;
that, from time to time, are, or are to be, transmitted under the digital radio multiplex transmitter licence or licences issued, or to be issued, in relation to the area concerned.
Insert:
(1) During the digital radio moratorium period for a licence area, the ACMA must not allocate, under subsection 36(1), a commercial radio broadcasting licence to provide digital commercial radio broadcasting services in the licence area.
(2) Subsection (1) has effect subject to section 35D.
(3) For the purposes of this Act, the
digital radio moratorium period for a licence area is the 6‑year period beginning at the start of the digital radio start‑up day for the licence area.
Scope
(1) This section applies to a commercial radio broadcasting licence if:
(a) the licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorises the licensee to provide any digital commercial radio broadcasting services in the licence area; and
(c) at a particular time (the
relevant time ) during the digital radio moratorium period for the licence area, the ACMA is satisfied that the licensee is not providing at least one digital commercial radio broadcasting service under the licence in the licence area.
Licence ceases to authorise the provision of digital commercial radio broadcasting services etc.
(2) As soon as practicable after the relevant time, the ACMA must, by written notice given to the licensee, determine that:
(a) the licence ceases to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area; and
(b) the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service; and
(c) despite subsection 36A(5), the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence.
ACMA must allocate a new commercial radio broadcasting licence for the licence area
(3) As soon as practicable after a notice under subsection (2) is given to a licensee of a commercial radio broadcasting licence (the
first licence ), the ACMA must:
(a) allocate, under subsection 36(1), a single commercial radio broadcasting licence for the licence area of the first licence; and
(b) allocate the licence as a licence to provide digital commercial radio broadcasting services in that licence area.
ACMA may specify circumstances in which a licensee is taken to be providing a digital commercial radio broadcasting service
(4) The ACMA may, by legislative instrument, specify circumstances in which a commercial radio broadcasting licensee is taken, for the purposes of paragraph (1)(c), to be providing a digital commercial radio broadcasting service under the licence in the licence area.
(5) A copy of an instrument under subsection (4) must be made available on the ACMA’s Internet site.
Insert:
Licences in force immediately before the commencement of this section
(1) If a commercial radio broadcasting licence was in force immediately before the commencement of this section, the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service.
Licences allocated before the digital radio start‑up day for the licence area
(2) If the ACMA allocates a commercial radio broadcasting licence after the commencement of this section but before the digital radio start‑up day for the licence area, the licence must be allocated as a licence to provide an analog commercial radio broadcasting service.
Licences allocated on or after digital radio start‑up day for the licence area
(3) If the ACMA allocates a commercial radio broadcasting licence on or after the digital radio start‑up day for the licence area, the licence must be allocated as:
(a) a licence to provide an analog commercial radio broadcasting service; or
(b) a licence to provide digital commercial radio broadcasting services.
Licence conditions
(4) Subject to subsection (5), if a commercial radio broadcasting licence is or was allocated as a licence to provide an analog commercial radio broadcasting service, the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence.
(5) If:
(a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
subsection (4) ceases to apply in relation to the licence at the start of the digital radio start‑up day for the licence area.
(6) If a commercial radio broadcasting licence is allocated as a licence to provide digital commercial radio broadcasting services, the licence is subject to the condition that the licensee may only provide digital commercial radio broadcasting services under the licence.
Section 35D
(7) This section has effect subject to section 35D.
Subsection 40(1) licences
(8) This section does not apply to a commercial radio broadcasting licence that is or was allocated under subsection 40(1).
Insert:
Licences in force immediately before the commencement of this section
(1) If:
(a) a commercial radio broadcasting licence was in force immediately before the commencement of this section; and
(b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which this section commences; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences allocated on or after the commencement of this section
(2) If:
(a) a commercial radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which the licence is allocated; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences in force immediately before the digital radio start‑up day for the licence area
(3) If:
(a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, on and after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area:
(c) the analog commercial radio broadcasting service;
(d) one or more digital commercial radio broadcasting services.
Licences allocated on or after digital radio start‑up day for the licence area
(4) If:
(a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
(5) If:
(a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide digital commercial radio broadcasting services in the licence area;
the licence is taken to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area.
Section 35D
(6) This section has effect subject to section 35D.
Subsection 40(1) licences
(7) This section does not apply to a commercial radio broadcasting licence allocated under subsection 40(1).
Insert:
Scope
(1) This section applies to a commercial radio broadcasting licence (the
first licence ) if:
(a) the first licence authorises the licensee to provide one or more digital commercial radio broadcasting services; and
(b) the first licence was not allocated under subsection 40(1).
Transmission by multiplex transmitter
(2) The first licence is subject to the condition that the licensee must not provide a digital commercial radio broadcasting service under the first licence unless:
(a) the service is transmitted using a multiplex transmitter; and
(b) the operation of the multiplex transmitter is authorised by a digital radio multiplex transmitter licence.
Use of more than one‑ninth of multiplex capacity
(3) If there is only one digital radio multiplex transmitter licence for the licence area of the first licence, the first licence is subject to the condition that the licensee of the first licence must not use more than one‑ninth of multiplex capacity under the digital radio multiplex transmitter licence for the purpose of providing, under the first licence, a digital commercial radio broadcasting service that passes the shared content test in relation to an analog commercial radio broadcasting service provided under:
(a) the first licence; or
(b) another commercial radio broadcasting licence that has the same licence area as the first licence.
(4) If there are 2 or more digital radio multiplex transmitter licences for the licence area of the first licence, the first licence is subject to the condition that the licensee of the first licence must not use more than the designated fraction of the total multiplex capacities under those digital radio multiplex transmitter licences for the purpose of providing, under the first licence, a digital commercial radio broadcasting service that passes the shared content test in relation to an analog commercial radio broadcasting service provided under:
(a) the first licence; or
(b) another commercial radio broadcasting licence that has the same licence area as the first licence.
(5) For the purposes of subsection (4), the
designated fraction of the total multiplex capacities under those digital radio multiplex transmitter licences is as follows:
Shared content test
(6) For the purposes of subsections (3) and (4), a digital commercial radio broadcasting service
passes the shared content test at a particular time in relation to an analog commercial radio broadcasting service if:
(a) the program content of at least 50% of the total number of hours of programs broadcast by the first‑mentioned service during daytime/evening hours during the 6‑month period ending at that time;
were the same as:
(b) the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6‑month period ending at that time.
(7) For the purposes of subsection (6), ignore the following:
(a) advertising or sponsorship material (whether or not of a commercial kind);
(b) a promotion for a radio program or a radio broadcasting service;
(c) any digital program enhancement content in relation to a radio program;
(d) community information material or community promotional material;
(e) a news break or weather bulletin;
(f) any other similar material.
Definitions
(8) In this section:
category 1 digital radio multiplex transmitter licence has the same meaning as in theRadiocommunications Act 1992 .
category 2 digital radio multiplex transmitter licence has the same meaning as in theRadiocommunications Act 1992 .
daytime/evening hours means the hours:
(a) beginning at 6 am each day; and
(b) ending at midnight on the same day.
digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence.
Add:
(1) This section applies in relation to a commercial radio broadcasting licence if the licence was in force immediately before the digital radio start‑up day for the licence area.
(2) During the digital radio moratorium period for the licence area, a person must not be in a position to exercise control of:
(a) the commercial radio broadcasting licence; and
(b) a restricted datacasting licence.
Insert:
Notification by restricted datacasting licensee
(2A) Each restricted datacasting licensee must, within 3 months after the end of each financial year that ends during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, give to the ACMA in writing:
(a) details of the persons who, to the knowledge of the restricted datacasting licensee, were in a position to exercise control of the restricted datacasting licence at the end of that financial year; and
(b) the name of each person who was a director of the restricted datacasting licensee at the end of that financial year.
(2B) The details are to be provided in a form approved in writing by the ACMA.
Note: The heading to subsection 62(1) is altered by adding at the end “
—general ”.
After “(1)”, insert “, (2A)”.
Insert:
Notification by restricted datacasting licensee
(2A) If, during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, a restricted datacasting licensee becomes aware that:
(a) a person who was not in a position to exercise control of the restricted datacasting licence has become in a position to exercise control of the restricted datacasting licence; or
(b) a person who was in a position to control the restricted datacasting licence has ceased to be in that position;
the restricted datacasting licensee must, within 5 days after becoming so aware, notify the ACMA in writing of that event.
(2B) The details are to be provided in a form approved in writing by the ACMA.
Note: The heading to subsection 63(1) is altered by adding at the end “
—general ”.
After “(1)”, insert “, (2A)”.
Insert:
Notification by controller of restricted datacasting licence
(2A) If, during the digital radio moratorium period for the licence area of a commercial radio broadcasting licence, a person who was not in a position to exercise control of a restricted datacasting licence becomes aware that that person is in a position to exercise control of the restricted datacasting licence, the person must, within 5 days after becoming so aware, notify the ACMA in writing of that position.
(2B) The details are to be provided in a form approved in writing by the ACMA.
Note: The heading to subsection 64(1) is altered by adding at the end “
—general ”.
After “(1)”, insert “, (2A)”.
Insert:
(1A) Licences under subsection (1) are to be allocated on the basis of one licence per service.
After “service”, insert “or services”.
Insert:
Licences in force immediately before the commencement of this section
(1) If a designated community radio broadcasting licence was in force immediately before the commencement of this section, the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog community radio broadcasting service.
Licences allocated before the digital radio start‑up day for the licence area
(2) If the ACMA allocates a designated community radio broadcasting licence after the commencement of this section but before the digital radio start‑up day for the licence area, the licence must be allocated as a licence to provide an analog community radio broadcasting service.
Licences allocated on or after digital radio start‑up day for the licence area
(3) If the ACMA allocates a designated community radio broadcasting licence on or after the digital radio start‑up day for the licence area, the licence must be allocated as:
(a) a licence to provide an analog community radio broadcasting service; or
(b) a licence to provide digital community radio broadcasting services.
Licence conditions
(4) Subject to subsection (5), if a designated community radio broadcasting licence is or was allocated as a licence to provide an analog community radio broadcasting service, the licence is subject to the condition that the licensee may only provide an analog community radio broadcasting service under the licence.
(5) If:
(a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area;
subsection (4) ceases to apply in relation to the licence at the start of the digital radio start‑up day for the licence area.
(6) If a designated community radio broadcasting licence is allocated as a licence to provide digital community radio broadcasting services, the licence is subject to the condition that the licensee may only provide digital community radio broadcasting services under the licence.
Insert:
Licences in force immediately before the commencement of this section
(1) If:
(a) a designated community radio broadcasting licence was in force immediately before the commencement of this section; and
(b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which this section commences; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences allocated on or after the commencement of this section
(2) If:
(a) a designated community radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog community radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which the licence is allocated; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences in force immediately before the digital radio start‑up day for the licence area
(3) If:
(a) a designated community radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorised the licensee to provide an analog community radio broadcasting service in the licence area;
then, after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area:
(c) the analog community radio broadcasting service;
(d) one or more digital community radio broadcasting services.
Licences allocated on or after digital radio start‑up day for the licence area
(4) If:
(a) a designated community radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog community radio broadcasting service in the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
(5) If:
(a) a designated community radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide digital community radio broadcasting services in the licence area;
the licence is taken to authorise the licensee to provide one or more digital community radio broadcasting services in the licence area.
Insert:
(1) This section applies to a designated community radio broadcasting licence if the licence authorises the licensee to provide one or more digital community radio broadcasting services.
(2) The licence is subject to the condition that the licensee must not provide a digital community radio broadcasting service under the licence unless:
(a) the service is transmitted using a multiplex transmitter; and
(b) the operation of the multiplex transmitter is authorised by a digital radio multiplex transmitter licence.
Add:
(6) To avoid doubt, a reference in this section to
broadcasting operations includes a reference to each commercial radio broadcasting service provided by a commercial radio broadcasting licensee.(7) To avoid doubt, a reference in this section to
broadcasting operations includes a reference to each community radio broadcasting service provided by a designated community radio broadcasting licensee.
Repeal the paragraph, substitute:
(e) subscription television narrowcasting services provided under a class licence;
(ea) open narrowcasting television services provided under a class licence;
After “services”, insert “(other than restricted datacasting services)”.
Note: The heading to section 130A is altered by adding at the end “
—television etc. ”.
Insert:
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission of any or all of the following services using a digital modulation technique:
(a) commercial radio broadcasting services;
(b) national radio broadcasting services;
(c) community radio broadcasting services;
(d) subscription radio broadcasting services provided under a class licence;
(e) subscription radio narrowcasting services provided under a class licence;
(f) open narrowcasting radio services provided under a class licence;
(g) restricted datacasting services provided under restricted datacasting licences.
Instruments
(2) Section 589 of the
Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.
Compliance
(3) A national broadcaster must comply with a standard determined under subsection (1).
Note 1: For compliance by holders of commercial radio broadcasting licences, see clause 8 of Schedule 2.
Note 2: For compliance by holders of community radio broadcasting licences, see clause 9 of Schedule 2.
Note 3: For compliance by providers of radio broadcasting services provided under a class licence, see clause 11 of Schedule 2.
Note 4: For compliance by holders of restricted datacasting licences, see clause 24A of Schedule 6.
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the operation of multiplex transmitters under digital radio multiplex transmitter licences.
Note: For compliance, see paragraph 109B(1)(o) of the
Radiocommunications Act 1992 .
Instruments
(2) Section 589 of the
Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.Note: The heading to section 130B is altered by adding at the end “
—television etc. ”.
Insert:
(1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(a) commercial radio broadcasting services;
(b) national radio broadcasting services;
(c) community radio broadcasting services;
(d) subscription radio broadcasting services provided under a class licence;
(e) subscription radio narrowcasting services provided under a class licence;
(f) open narrowcasting radio services provided under a class licence;
(g) restricted datacasting services provided under restricted datacasting licences.
Offence
(2) A person commits an offence if:
(a) the person supplies equipment; and
(b) the equipment is domestic reception equipment; and
(c) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(i) commercial radio broadcasting services;
(ii) national radio broadcasting services;
(iii) community radio broadcasting services;
(iv) subscription radio broadcasting services provided under a class licence;
(v) subscription radio narrowcasting services provided under a class licence;
(vi) open narrowcasting radio services provided under a class licence;
(vii) restricted datacasting services provided under restricted datacasting licences; and
(d) the equipment does not comply with a standard determined under subsection (1).
Penalty: 1,500 penalty units.
Civil penalty
(3) A person must not supply domestic reception equipment if:
(a) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(i) commercial radio broadcasting services;
(ii) national radio broadcasting services;
(iii) community radio broadcasting services;
(iv) subscription radio broadcasting services provided under a class licence;
(v) subscription radio narrowcasting services provided under a class licence;
(vi) open narrowcasting radio services provided under a class licence;
(vii) restricted datacasting services provided under restricted datacasting licences; and
(b) the equipment does not comply with a standard determined under subsection (1).
(4) Subsection (3) is a civil penalty provision.
Instruments
(5) Section 589 of the
Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.
Reception of subscription radio broadcasting services
(6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription radio broadcasting services when used:
(a) in isolation; or
(b) in conjunction with any other equipment.
Exemptions
(7) The ACMA may, by legislativeinstrument, exempt specified domestic reception equipment from subsections (2) and (3).
Note: For specification by class, see subsection 13(3) of the
Legislative Instruments Act 2003 .
Definition
(8) In this section:
supply has the same meaning as in theTrade Practices Act 1974 .
Insert:
(ea) providing a commercial radio broadcasting service;
(eb) providing a national radio broadcasting service;
(ec) providing a community radio broadcasting service;
(ed) subscription radio broadcasting services provided under a class licence;
(ee) subscription radio narrowcasting services provided under a class licence;
(ef) open narrowcasting radio services provided under a class licence;
Add “(other than a restricted datacasting licence)”.
Insert:
(fa) providing a restricted datacasting service under a restricted datacasting licence;
Insert:
(va) commercial radio broadcasting services;
(vb) national radio broadcasting services;
(vc) community radio broadcasting services;
(vd) subscription radio broadcasting services provided under a class licence;
(ve) subscription radio narrowcasting services provided under a class licence;
(vf) open narrowcasting radio services provided under a class licence;
Add:
; (i) operating a multiplex transmitter under a digital radio multiplex transmitter licence.
After “services”, insert “, or subscription radio broadcasting services,”.
Add:
; or (g) a code of practice notified to the ACMA under subsection 8(1) of the
Australian Broadcasting Corporation Act 1983 ; or(h) a code of practice notified to the ACMA under subsection 10(1) of the
Special Broadcasting Service Act 1991 .
65
Section 204 (before table item dealing with section 38A) Insert:
|
|
|
After “transmitted by”, insert “any of”.
Omit “service”, substitute “services”.
After “licensee”, insert “(other than a designated community radio broadcasting licensee)”.
Insert:
(ba) a re‑transmission by a designated community radio broadcasting licensee of the programs transmitted by any of the licensee’s community radio broadcasting services; or
Insert:
(1) Before 1 January 2011, the Minister must cause to be conducted a review of the following matters:
(a) the relative merits of using various terrestrial and satellite technologies capable of transmitting:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in regional licence areas;
(b) the development of those technologies (whether or not in Australia);
(c) the availability and price (whether or not in Australia) of:
(i) transmission equipment associated with those technologies; and
(ii) domestic reception equipment associated with those technologies;
(d) whether any laws of the Commonwealth should be amended in order to facilitate the transmission of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in regional licence areas using those technologies.
(2) In conducting a review of the matter mentioned in paragraph (1)(a), regard must be had to:
(a) the geographic coverage that would result from the use of those technologies to transmit:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in regional licence areas; and
(b) the characteristics of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
that would be likely to result from the use of those technologies to transmit those services in regional licence areas.
(3) Subsection (2) does not limit subsection (1).
Report
(4) The Minister must cause to be prepared a report of a review under subsection (1).
(5) The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
Definitions
(6) In this section:
digital radio broadcasting service means:
(a) a digital commercial radio broadcasting service; or
(b) a digital community radio broadcasting service; or
(c) a digital national radio broadcasting service.
regional licence area has the same meaning as in section 8AC.
(1) Before 1 January 2014, the Minister must cause to be conducted a review of the following matters:
(a) the development of various terrestrial and satellite technologies capable of transmitting:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in Australia;
(b) the implementation of those technologies in foreign countries;
(c) the operation of this Act in so far as it deals with the licensing and regulation of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services.
(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
(4) In this section:
digital radio broadcasting service means:
(a) a digital commercial radio broadcasting service; or
(b) a digital community radio broadcasting service; or
(c) a digital national radio broadcasting service.
After “transmitter licences,”, insert “restricted datacasting licences,”.
After “transmitter licence”, insert “or a restricted datacasting licence”.
Insert:
(bb) in the case of a restricted datacasting licence:
(i) the person is the licensee; or
(ii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the datacasting content provided by the licensee; or
(iii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in providing restricted datacasting services under the licence; or
Insert:
(2B) Paragraph (1)(bb) does not apply to the provision of datacasting content by a person to a licensee under an agreement for the supply of datacasting content to the licensee if:
(a) the conditions of the agreement relate only to the datacasting content so supplied or its promotion; and
(b) the content so supplied is a minority of the datacasting content provided by the licensee.
After “transmitter licensee”, insert “or a restricted datacasting licensee”.
Insert:
(bb) in the case of a restricted datacasting licensee—controls the selection or provision of any of the datacasting content to be provided by the licensee; or
77
Subclause 4(4) of Schedule 1 (after paragraph (bb) of the definition of media company ) Insert:
(bc) a company that holds a restricted datacasting licence; or
Omit “the service”, substitute “a service”.
Omit “the services”, substitute “the service or services”.
Add:
; (q) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide a commercial television broadcasting service under the licence.
Insert:
(ba) if the licensee provides a digital commercial radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);
(bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
Repeal the paragraph, substitute:
(f) if:
(i) the licence is a broadcasting services bands licence; and
(ii) the licence authorises the licensee to provide an analog commercial radio broadcasting service;
the licensee will keep in force a licence under the
Radiocommunications Act 1992 that authorises the operation by the licensee of the radiocommunications devices used to provide that service;
After “service”, insert “or services”.
Omit “broadcasting services”, substitute “at least one broadcasting service”.
Add:
; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service.
After “a service”, insert “or services”.
After “another service”, insert “or services”.
After “service”, insert “or services”.
Insert:
(caa) if the licensee provides a digital community radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);
After “service”, insert “or services”.
Omit “broadcasting services”, substitute “at least one broadcasting service”.
Add:
; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service.
After “service”, insert “or services”.
After “service”, insert “or services”.
Insert:
(2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the
Radiocommunications Act 1992 ).
After “service”, insert “or services”.
After “announcements”, insert “on a particular community broadcasting service”.
After “of broadcasting”, insert “on that service”.
Add:
; (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide a subscription television broadcasting service under the licence.
Insert:
(baa) in the case of a person who provides:
(i) a subscription radio broadcasting service; or
(ii) a subscription radio narrowcasting service; or
(iii) an open narrowcasting radio service;
transmitted using a digital modulation technique—the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);
Repeal the paragraph, substitute:
(bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards);
Add:
; (e) the person will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide broadcasting services under the licence.
Before “will be allowed”, insert “(other than restricted datacasting licensees)”.
Before:
• A group that represents datacasting licensees may develop codes of practice.
Insert:
• Restricted datacasting licensees will not be allowed to provide content in a form that is specified in a legislative instrument made by the Minister.
Add:
(3) An application under subsection (1) may be expressed to be an application for a restricted datacasting licence.
After “licences”, insert “(other than restricted datacasting licences)”.
Note: The heading to clause 12 is altered by adding at the end “
that are not restricted datacasting licences ”.
Add:
(1) The ACMA is to maintain a Register in which the ACMA includes particulars of restricted datacasting licences.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the Internet.
Before “the licensee”, insert “if the licence is not a restricted datacasting licence—”.
Add:
; (i) if the licence is not a restricted datacasting licence—the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of
broadcasting services bands in subsection 6(1) to provide a datacasting service under the licence.
Insert:
Each restricted datacasting licence is subject to the following conditions:
(a) the datacasting content provided under the licence will be transmitted using a digital modulation technique;
(b) if a form of datacasting content is specified in a legislative instrument made by the Minister—the licensee will not provide datacasting content in that form;
(c) the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission).
Insert:
(1A) A person commits an offence if:
(a) the person is a restricted datacasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set out in clause 24A.
Penalty: 2,000 penalty units.
After “subclause (1)”, insert “or (1A)”.
Insert:
(1A) A restricted datacasting licensee must not breach a condition of the licence set out in clause 24A.
Repeal the subclause, substitute:
(2) Subclauses (1) and (1A) are civil penalty provisions.
After “subclause (1)”, insert “or (1A)”.
Insert:
(2A) If a restricted datacasting licence is suspended because of a breach of a condition set out in clause 24A, the ACMA may take such action, by way of suspending one or more restricted datacasting licences held by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a substantially similar, restricted datacasting service is not provided by the licensee or the related body corporate, as the case may be, during the period of suspension.
(3A) If a restricted datacasting licence is cancelled because of a breach of a condition set out in clause 24A, the ACMA may take such action, by way of cancelling one or more restricted datacasting licences held by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a substantially similar, restricted datacasting service is not provided by the licensee or the related body corporate, as the case may be, at a time after the cancellation.
Omit “or (3)”, substitute “, (2A), (3) or (3A)”.
Insert:
BSA licence area means licence area within the meaning of theBroadcasting Services Act 1992 .
Insert:
category 1 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplextransmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more restricted datacasting services.
Insert:
category 2 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplextransmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more digital national radio broadcasting services;
(d) one or more restricted datacasting services.
Insert:
category 3 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplextransmitters that are for use for transmitting either or both of the following services in a designated BSA radio area:
(a) one or more digital national radio broadcasting services;
(b) one or more restricted datacasting services, where each relevant restricted datacasting licence is held by a national broadcaster.
123
Section 5 (after paragraph (a) of the definition of datacasting transmitter licence ) Insert:
(aa) a digital radio multiplex transmitter licence; or
Insert:
designated BSA radio area means:
(a) the BSA licence area of a commercial radio broadcasting licence; or
(b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.
Note: See also section 8AD of the
Broadcasting Services Act 1992 , which deals with deemed radio broadcasting licence areas.
Insert:
designated community radio broadcasting licence has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
digital commercial radio broadcasting licence means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services.
Insert:
digital commercial radio broadcasting service has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
digital community radio broadcasting licence means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services.
Insert:
digital community radio broadcasting representative company , in relation to a designated BSA radio area, has the meaning given by section 9C.
Insert:
digital community radio broadcasting service has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
digital national radio broadcasting service has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
digital radio channel plan means a plan under section 44A.
Insert:
digital radio moratorium period has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence; or
(c) a category 3 digital radio multiplex transmitter licence.
Insert:
digital radio start‑up day has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
foundation category 1 digital radio multiplex transmitter licence has the meaning given by section 98C.
Insert:
foundation category 2 digital radio multiplex transmitter licence has the meaning given by section 98D.
Insert:
foundation digital radio multiplex transmitter licence means:
(a) a foundation category 1 digital radio multiplex transmitter licence; or
(b) a foundation category 2 digital radio multiplex transmitter licence.
Insert:
incumbent digital commercial radio broadcasting licensee has the meaning given by subsection 9D(1).
Insert:
incumbent digital community radio broadcasting licensee has the meaning given by subsection 9D(2).
Insert:
national broadcasting service has the same meaning as in theBroadcasting Services Act 1992 .
142
Section 5 (definition of NBS transmitter licence ) Omit “within the meaning of the
Broadcasting Services Act 1992 ”, substitute “, but does not include a digital radio multiplex transmitter licence”.
Insert:
non‑foundation digital radio multiplex transmitter licence means a digital radio multiplex transmitter licence that is not a foundation digital radio multiplex transmitter licence.
Insert:
restricted datacasting licence has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
restricted datacasting service has the same meaning as in theBroadcasting Services Act 1992 .
Insert:
(1) For the purposes of this Act, a company is the
digital community radio broadcasting representative company for a particular designated BSA radio area if:
(a) the company is a qualified company; and
(b) the incumbent digital community radio broadcasting licensees for the designated BSA radio area have given the ACMA a joint written notice electing that this paragraph apply to the company; and
(c) before the company was formed, the promoters of the company invited each incumbent digital community radio broadcasting licensee for the area to subscribe for shares in the company on the basis that:
(i) the incumbent digital community radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and
(ii) no other persons would be entitled to subscribe for shares in the company; and
(d) the invitations referred to in paragraph (c) were:
(i) published on the ACMA’s Internet site; and
(ii) open for a period of at least 90 days beginning on or after the commencement of this section; and
(e) there was no discrimination between subscribers for shares in the company in relation to the consideration payable for the issue of the shares concerned; and
(f) the total amount of money payable as consideration for the issue of the shares in the company is not substantially in excess of the total amount that, as at the time the invitations referred to in paragraph (c) are published, would be required for the viable operation of the company; and
(g) none of the recipients of an invitation referred to in paragraph (c) were subject to duress as to whether the invitation should be accepted; and
(h) the company has a constitution; and
(i) the company’s constitution provides that a person is not eligible to hold a share in the company unless the person is a digital community radio broadcasting licensee whose BSA licence area is the same as the designated BSA radio area; and
(j) the company’s constitution provides that, if:
(i) a digital community radio broadcasting licence is allocated to a person under the
Broadcasting Services Act 1992 after the commencement of this section; and(ii) the BSA licence area of the digital community radio broadcasting licence is the same as the designated BSA radio area;
the company must:
(iii) within 30 days after the allocation of the digital community radio broadcasting licence, offer to issue shares in the company to the holder of the digital community radio broadcasting licence, where the number of shares offered equals the number of shares already held by a particular digital community radio broadcasting licensee; and
(iv) keep the offer open for at least 90 days; and
(v) ensure that, if the offer is accepted, the amount of money payable as consideration for the issue of the shares is not substantially in excess of the amount that was payable by an incumbent digital community radio broadcasting licensee who subscribed for shares in the company in response to an invitation referred to in paragraph (c); and
(k) the company’s constitution provides that the purposes of the company are:
(i) holding shares in one or more companies that hold, have applied for, or propose to apply for, category 1 digital radio multiplex transmitter licences, or category 2 digital radio multiplex transmitter licences, for the designated BSA radio area; and
(ii) exercising the powers conferred by this Act on a digital community radio broadcasting representative company; and
(iii) carrying out activities incidental to the purposes mentioned in subparagraphs (i) and (ii); and
(l) the company complies with such other conditions (if any) as are specified in the regulations.
Note: See also section 8AD of the
Broadcasting Services Act 1992 , which deals with deemed radio broadcasting licence areas.(2) For the purposes of the application of paragraph (1)(i) and subparagraph (1)(j)(iii) before the digital radio start‑up day for the designated BSA radio area,
digital community radio broadcasting licensee includes an incumbent digital community radio broadcasting licensee.(3) An election under paragraph (1)(b) given in relation to a particular designated BSA radio area has no effect if an election under that paragraph has been previously given in relation to that area.
(4) An election under paragraph (1)(b) is irrevocable.
(5) The promoters of a company may request the ACMA to publish on its Internet site the invitations referred to in paragraph (1)(c).
(6) The ACMA must comply with a request under subsection (5) if the ACMA is satisfied that the request was made in good faith.
Incumbent digital commercial radio broadcasting licensee
(1) For the purposes of this Act, if:
(a) the licensee of a commercial radio broadcasting licence held the licence at the commencement of this section; and
(b) the licence was not allocated under subsection 40(1) of the
Broadcasting Services Act 1992 ;the licensee is an
incumbent digital commercial radio broadcasting licensee .
Incumbent digital community radio broadcasting licensee
(2) For the purposes of this Act, if the licensee of a designated community radio broadcasting licence held the licence at the commencement of this section, the licensee is an
incumbent digital community radio broadcasting licensee .
Add:
(4) Part 2.3 is about preparing digital radio channel plans relating to digital radio multiplex transmitter licences.
After “broadcasting purposes”, insert “or restricted datacasting services, or both,”.
Insert:
(1A) The Minister may, after consulting the ACMA, and in accordance with the spectrum plan, by written instrument:
(a) designate a part of the spectrum as being partly for the purpose of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services; and
(b) refer that part of the spectrum to the ACMA for planning under Part 3 of the
Broadcasting Services Act 1992 .(1B) Subsection (1A) does not limit subsection (1).
(1C) The Minister may, by written instrument, determine that a designation under subsection (1A) ceases to be in force at a specified time.
(1D) The Minister may, by written instrument, determine that a designation under subsection (1A) has effect only in relation to one or more specified areas of Australia.
After “(1)”, insert “or (1A)”.
Add:
(7) Aninstrument under subsection (1), (1A), (1C), (1D), (5) or (6) is not a legislative instrument.
(8) A determination under subsection (2) is not a legislative instrument.
After “31(1)”, insert “or (1A)”.
After “31(1)”, insert “or (1A)”.
Add:
(1) Before issuing the first digital radio multiplex transmitter licence for a designated BSA radio area, the ACMA must, by legislative instrument, prepare a plan that:
(a) allots a frequency channel or channels in relation to the designated BSA radio area for use by digital radio multiplex transmitter licensees, where each allotted frequency channel has a bandwidth of at least 1.536 MHz; and
(b) reserves a frequency channel of at least 1.536 MHz bandwidth for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area to be issued in accordance with subsection 102E(2); and
(c) determines which of the following types of licences, or which combination of the following types of licences, are to be issued for the designated BSA radio area:
(i) category 1 digital radio multiplex transmitter licence;
(ii) category 2 digital radio multiplex transmitter licence; and
(d) if a particular type of licence mentioned in paragraph (c) is to be issued for the designated BSA radio area—determines whether:
(i) a single licence of that type is to be issued for the designated BSA radio area; or
(ii) 2 or more licences of that type are to be issued for the designated BSA radio area; and
(e) determines technical specifications of multiplex transmitters operated under digital radio multiplex transmitter licences for the designated BSA radio area.
(2) The plan must be consistent with:
(a) the spectrum plan; and
(b) any relevant frequency band plans; and
(c) any relevant frequency allotment plans prepared under section 25 of the
Broadcasting Services Act 1992 ; and(d) any relevant licence area plans prepared under section 26 of the
Broadcasting Services Act 1992 ; and(e) any relevant digital channel plans (within the meaning of clause 7A of Schedule 4 to the
Broadcasting Services Act 1992 ) made under the commercial television conversion scheme; and(f) any relevant digital channel plans (within the meaning of clause 22A of Schedule 4 to the
Broadcasting Services Act 1992 ) made under the national television conversion scheme.(3) A plan under subsection (1) is to be known as the
digital radio channel plan for the designated BSA radio area.(4) A copy of a digital radio channel plan is to be made available on the ACMA’s Internet site.
Consultation
(5) Before preparing a plan under subsection (1), the ACMA must:
(a) publish a draft of the plan on the ACMA’s Internet site; and
(b) invite members of the public to make submissions to the ACMA about the draft plan within a specified period of at least 30 days; and
(c) consider any submissions the ACMA receives from members of the public within that period.
Variation of digital radio plans
(6) The ACMA may, by legislative instrument, vary a digital radio channel plan.
(7) Before varying a digital radio channel plan under subsection (6), the ACMA must:
(a) publish a draft of the variation on the ACMA’s Internet site; and
(b) invite members of the public to make submissions to the ACMA about the variation within a specified period of at least 30 days; and
(c) consider any submissions the ACMA receives from members of the public within that period.
ACMA must have regard to authorised digital radio broadcasting services
(8) In preparing a plan under subsection (1) or varying a plan under subsection (6), the ACMA must have regard to:
(a) the digital commercial radio broadcasting services that are, or will be, authorised by commercial radio broadcasting licences for the designated BSA radio area; and
(b) the digital community radio broadcasting services that are, or will be, authorised by community radio broadcasting licences for the designated BSA radio area; and
(c) the digital national radio broadcasting services that are, or will be, provided by national broadcasters in the designated BSA radio area.
(9) Subsection (8) does not limit the matters to which the ACMA may have regard.
Frequency channels to be in the same frequency band
(10) The ACMA must, as far as practicable, ensure that all the frequency channels allotted or reserved by a digital radio channel plan for a particular designated BSA radio area are in the same frequency band.
Technical specifications not to discriminate between digital radio multiplex transmitter licensees
(11) The ACMA must, as far as practicable, ensure that a digital radio channel plan for a particular designated BSA radio area does not discriminate between digital radio multiplex transmitter licensees in relation to the technical specifications of multiplex transmitters.
Definitions
(12) In this section:
commercial television conversion scheme has the same meaning as in Schedule 4 to theBroadcasting Services Act 1992 .
national television conversion scheme has the same meaning as in Schedule 4 to theBroadcasting Services Act 1992 .
Add:
(1) Subject to this section, the ACMA may, by writing, declare that a specified category 1 digital radio multiplex transmitter licence proposed to be issued is a
foundation category 1 digital radio multiplex transmitter licence for the purposes of this Act.(2) If such a category 1 digital radio multiplex transmitter licence is issued, the licence is a
foundation category 1 digital radio multiplex transmitter licence for the purposes of this Act.(3) A declaration under subsection (1) is not a legislative instrument.
(4) A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.
(1) Subject to this section, the ACMA may, by writing, declare that a specified category 2 digital radio multiplex transmitter licence proposed to be issued is a
foundation category 2 digital radio multiplex transmitter licence for the purposes of this Act.(2) If such a category 2 digital radio multiplex transmitter licence is issued, the licence is a
foundation category 2 digital radio multiplex transmitter licence for the purposes of this Act.(3) A declaration under subsection (1) is not a legislative instrument.
(4) A copy of a declaration under subsection (1) is to be made available on the ACMA’s Internet site.
(a) are specified in the Procedural Rules; and
(b) relate to:
(i) compliance during that financial year with the access undertaking; or
(ii) compliance during that financial year with the standard access obligations (if any) applicable to the licence; or
(iii) compliance during that financial year with the excess‑capacity access obligations (if any) applicable to the licence; or
(iv) compliance during that financial year with the distributed‑capacity access obligations (if any) applicable to the licence; or
(v) compliance during that financial year with the obligations that are applicable to the licence under section 118NP.
(1) The ACCC may, by legislative instrument, make rules:
(a) making provision for, or in relation to, the practice and procedure to be followed by the ACCC in performing functions, or exercising powers, under this Division; or
(b) making provision for, or in relation to, all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the ACCC under this Division; or
(c) prescribing matters required or permitted by any other provision of this Division to be prescribed by the Procedural Rules.
(2) Rules under subsection (1) are to be known as Procedural Rules.
(3) The Procedural Rules may make provision for, or in relation to, any or all of the following:
(a) the confidentiality of information or documents given to the ACCC by a person who gave the ACCC an access undertaking or a variation of an access undertaking;
(b) the form and content of access undertakings, variations or other documents given to the ACCC under this Division;
(c) requiring the ACCC to give information to the ACMA about the operation of this Division;
(d) requiring the ACMA to give information to the ACCC that is relevant to the operation of this Division.
(4) The Procedural Rules may make provision for, or in relation to, a matter by empowering the ACCC to make decisions of an administrative character.
(5) The Procedural Rules may provide that the ACCC may refuse to consider an access undertaking if:
(a) the ACCC is satisfied that the access undertaking:
(i) is frivolous; or
(ii) is vexatious; or
(iii) was not given in good faith; or
(b) the ACCC has reason to believe that the access undertaking was given for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Division.
(6) Subsections (3), (4) and (5) do not limit subsection (1).
(1) If the operation of this Division or section 109C would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
The following is a simplified outline of this Division:
• The owner or operator of a broadcasting transmission tower must provide the following persons with access to the tower:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
• The owner or operator of a designated associated facility must provide the following persons with access to the facility:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
• The owner or operator of a broadcasting transmission tower must provide the following persons with access to the site of the tower:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
In this Division:
broadcasting transmission tower has the same meaning as in Schedule 4 to theBroadcasting Services Act 1992 .
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
designated associated facility has the meaning given by section 118QB.
designated content service means a service mentioned in paragraph 109B(1)(f), (g) or (h).
facility includes apparatus, equipment, a structure, a line or an electricity cable or wire.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
For the purposes of this Division, a
designated associated facility means any of the following facilities:
(a) an antenna;
(b) a combiner;
(c) a feeder system;
(d) a facility of a kind specified in the regulations;
where:
(e) the facility is, or is to be, associated with a radiocommunications transmitter; and
(f) the facility is used, or capable of being used, in connection with the transmission of one or more designated content services.
(1) For the purposes of this Division,
giving access to a broadcasting transmission tower includes replacing the tower with another tower located on the same site and giving access to the replacement tower.(2) For the purposes of this Division,
giving access to a designated associated facility includes:
(a) replacing the facility with another facility located on the same site and giving access to the replacement facility; or
(b) giving access to a service provided by means of the designated associated facility.
(3) For the purposes of this Division,
giving access to a site on which is situated a broadcasting transmission tower includes replacing the tower with another tower located on the site.
(1) The owner or operator of a broadcasting transmission tower must, if requested to do so by a person (the
access seeker ) who is:
(a) a digital radio multiplex transmitter licensee; or
(b) a person authorised by a digital radio multiplex transmitter licensee under section 114;
give the access seeker access to the tower.
(2) The owner or operator of the broadcasting transmission tower is not required to comply with subsection (1) unless:
(a) the access is provided for the sole purpose of enabling the access seeker to install or maintain either or both of the following:
(i) a multiplex transmitter;
(ii) associated facilities;
used, or for use, wholly or principally in connection with the transmission of one or more designated content services in accordance with the digital radio multiplex transmitter licence concerned; and
(b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(3) The owner or operator of a broadcasting transmission tower is not required to comply with subsection (1) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subsection (1) in relation to that tower is not technically feasible.
(4) In determining whether compliance with subsection (1) in relation to a tower is technically feasible, the ACMA must have regard to:
(a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and
(c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a facility situated on the tower; and
(ii) making alterations to the tower; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(5) If the ACMA receives a request to make a decision about the issue of a certificate under subsection (3), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.
Scope
(1) This section applies to a designated associated facility if the facility is situated on, at, in or under:
(a) a broadcasting transmission tower; or
(b) the site on which a broadcasting transmission tower is situated.
Access to designated associated facilities
(2) The owner or operator of the designated associated facility must, if requested to do so by a person (the
access seeker ) who is:
(a) a digital radio multiplex transmitter licensee; or
(b) a person authorised by a digital radio multiplex transmitter licensee under section 114;
give the access seeker access to the facility.
(3) The owner or operator of the designated associated facility is not required to comply with subsection (2) unless:
(a) the access is provided for the sole purpose of enabling the access seeker to use:
(i) the facility; or
(ii) a service provided by means of the facility;
wholly or principally in connection with the transmission of one or more designated content services in accordance with the digital radio multiplex transmitter licence concerned; and
(b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(4) The owner or operator of a designated associated facility is not required to comply with subsection (2) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subsection (2) in relation to that facility is not technically feasible.
(5) In determining whether compliance with subsection (2) in relation to a facility is technically feasible, the ACMA must have regard to:
(a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and
(c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a facility situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(6) If the ACMA receives a request to make a decision about the issue of a certificate under subsection (4), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.
Exemptions
(7) The regulations may provide for exemptions from subsection (2).
(8) Regulations made for the purposes of subsection (7) may make provision with respect to a matter by conferring on the ACCC a power to make a decision of an administrative character.
(1) The owner or operator of a broadcasting transmission tower must, if requested to do so by a person (the
access seeker ) who is:
(a) a digital radio multiplex transmitter licensee; or
(b) a person authorised by a digital radio multiplex transmitter licensee under section 114;
give the access seeker access to a site if:
(c) the tower is situated on the site; and
(d) either:
(i) the site is owned, occupied or controlled by the owner or operator of the tower; or
(ii) the owner or operator of the tower has a right (either conditional or unconditional) to use the site.
(2) The owner or operator of the broadcasting transmission tower is not required to comply with subsection (1) unless:
(a) the access is provided for the sole purpose of enabling the access seeker to install or maintain either or both of the following:
(i) a multiplex transmitter;
(ii) associated facilities;
used, or for use, wholly or principally in connection with the transmission of one or more designated content services in accordance with the digital radio multiplex transmitter licence concerned; and
(b) the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(3) The owner or operator of a broadcasting transmission tower is not required to comply with subsection (1) if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, compliance with subsection (1) in relation to that tower is not technically feasible.
(4) In determining whether compliance with subsection (1) in relation to a site is technically feasible, the ACMA must have regard to:
(a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and
(c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a facility situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(5) If the ACMA receives a request to make a decision about the issue of a certificate under subsection (3), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.
Access to broadcasting transmission towers
(1) The owner or operator of a broadcasting transmission tower must comply with subsection 118QD(1) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that subsection); or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Access to designated associated facilities
(2) The owner or operator of a designated associated facility must comply with subsection 118QE(2) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that subsection); or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Access to sites of broadcasting transmission towers
(3) The owner or operator of a broadcasting transmission tower must comply with subsection 118QF(1) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that subsection); or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Conduct of arbitration
(4) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
(5) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chair of the ACCC.
(6) Subsection (5) does not limit subsection (4).
(1) The ACCC may, by legislative instrument, make a Code setting out conditions that are to be complied with in relation to the provision of access under this Division.
(2) Before making an instrument under subsection (1), the ACCC must consult:
(a) digital radio multiplex transmitter licensees; and
(b) owners and operators of broadcasting transmission towers; and
(c) owners and operators of designated associated facilities.
(3) An access seeker (within the meaning of subsection 118QD(1), 118QE(2) or 118QF(1)) must comply with the Code.
(4) The owner or operator of a broadcasting transmission tower must comply with the Code, to the extent to which the Code relates to the provision of access under section 118QD or 118QF.
(5) The owner or operator of a designated associated facility must comply with the Code, to the extent to which the Code relates to the provision of access under section 118QE.
(1) This section applies to a provision of this Division that authorises the conduct of an arbitration (whether by the ACCC or another person).
(2) The provision has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:
(a) is otherwise than on just terms; and
(b) would be invalid because of paragraph 51(xxxi) of the Constitution.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
Part 3 of the
National Transmission Network Sale Act 1998 does not apply in relation to an access seeker seeking access to:
(a) a broadcasting transmission tower; or
(b) a site;
to the extent to which this Division applies in relation to the access seeker seeking access to that tower or site.
After “102A”, insert “or a non‑foundation digital radio multiplex transmitter licence”.
Omit “and (3)”, substitute “, (3) and (6)”.
Add:
(5) A category 1 digital radio multiplex transmitter licence must not be transferred to a person unless:
(a) the person is a qualified company; and
(b) an access undertaking is in force under Division 4B in relation to the licence.
(6) A category 2 digital radio multiplex transmitter licence must not be transferred to a person unless:
(a) the person is a qualified company; and
(b) an access undertaking is in force under Division 4B in relation to the licence.
(7) A category 3 digital radio multiplex transmitter licence must not be transferred to a person unless the person is a qualified company, and:
(a) both:
(i) each national broadcaster beneficially owns shares in the company; and
(ii) there are no other beneficial owners of shares in the company; or
(b) both:
(i) a single national broadcaster beneficially owns all the shares in the company; and
(ii) the other national broadcaster has consented to that beneficial ownership.
(8) If a foundation digital radio multiplex transmitter licence was issued otherwise than in accordance with a price‑based allocation system determined under section 106, the licence must not be transferred to a person unless the digital radio moratorium period for the designated BSA radio area concerned has ended.
Omit “or 109A(1)(k)”, substitute “, 109A(1)(k) or 109B(1)(t)”.
Insert:
(1) Before 1 January 2014, the Minister must cause to be conducted a review of the following matters:
(a) the use of spectrum for the transmission of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in Australia;
(b) the availability of additional frequency channels for the transmission of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
in Australia;
(c) the operation of this Act in so far as it deals with licensing and regulation in relation to the transmission of:
(i) digital radio broadcasting services; and
(ii) restricted datacasting services;
(d) the operation of the following provisions:
(i) section 109C;
(ii) Division 4A of Part 3.3;
(iii) Division 4B of Part 3.3;
(e) whether any of the provisions mentioned in paragraph (d) should be amended or repealed.
(2) The Minister must cause to be prepared a report of a review under subsection (1).
(3) The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
(4) In this section:
digital radio broadcasting service means:
(a) a digital commercial radio broadcasting service; or
(b) a digital community radio broadcasting service; or
(c) a digital national radio broadcasting service.
After “this Act”, insert “or Division 4A or 4B of Part 3.3 of the
Radiocommunications Act 1992 ”.
Omit “telecommunications”, substitute “communications”.
Omit “other than proceedings under this Act.”, substitute:
other than:
(i) proceedings under this Act; or
(ii) proceedings under section 113 of the
Radiocommunications Act 1992 that relate to a condition set out in paragraph 109A(1)(ij) or 109C(1)(a), (b) or (c) of that Act.
Omit “
telecommunications ”, substitute “communications ”.
Add:
; or (d) Division 4A or 4B of Part 3.3 of the
Radiocommunications Act 1992 .
183
Frequency allotment plan prepared under section 25 of the Broadcasting Services Act 1992 (1) This item applies to a frequency allotment plan that:
(a) was in force immediately before the commencement of this item; and
(b) was prepared under subsection 25(1) of the
Broadcasting Services Act 1992 .
(2) The amendments of:
(a) section 25 of the
Broadcasting Services Act 1992 ; and(b) section 31 of the
Radiocommunications Act 1992 ;made by this Schedule do not affect the continuity of the frequency allotment plan.
184
Instrument made under subsection 31(1) of the Radiocommunications Act 1992
(1) This item applies to an instrument that:
(a) was in force immediately before the commencement of this item; and
(b) was made under subsection 31(1) of the
Radiocommunications Act 1992 .
(2) The amendments of:
(a) section 31 of the
Radiocommunications Act 1992 ; and(b) section 25 of the
Broadcasting Services Act 1992 ;made by this Schedule do not affect the continuity of the instrument.
185
Modification of Ministerial direction given under repealed section 162 of the Broadcasting Services Act 1992
(1) This item applies to the direction that:
(a) was given by the Minister on 10 April 2003 under repealed section 162 of the
Broadcasting Services Act 1992 ; and(b) is known as
Australian Broadcasting Authority (Revisiting Radio LAPs) Direction No. 1 of 2003 .(2) The direction has effect, after the commencement of this item, as if:
(a) the reference in paragraph (b) of the direction to the service provided under the licence were, by express provision, confined to an analog commercial radio broadcasting service provided under the licence; and
(b) the reference in the direction to one or more additional commercial radio broadcasting licences were, by express provision, confined to one or more additional commercial radio broadcasting licences to provide analog commercial radio broadcasting services.
186
Pre‑commencement transmitter licences issued under the Radiocommunications Act 1992 (1) This item applies to a transmitter licence that:
(a) was in force immediately before the commencement of this item; and
(b) authorises operation of a radiocommunications transmitter within a part of the spectrum designated under subsection 31(1A) of the
Radiocommunications Act 1992 .(2) The amendments of section 31 of the
Radiocommunications Act 1992 made by this Schedule do not affect:
(a) the continuity of the licence; or
(b) the operations authorised by the licence; or
(c) the renewal of the licence.
Repeal the subsection.
Repeal the subsection.
3
Subsection 155AAA(21) (paragraph (d) of the definition of protected information ) Omit “or 118G”, insert “, 118G, 118NE or 118NI”.
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