Broadcasting Services Act 1992 - Determination of Radiofrequency Spectrum

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to regulate the broadcasting industry in Australia, ensuring efficient and equitable use of the radiofrequency spectrum. This Act addresses the need for a framework that governs the allocation of radiofrequencies to various service providers, promoting competition and the delivery of diverse content to the public. The 1992 Act has been subject to amendments and determinations, one of which is the revocation of the "Drop Through 1151170" made by the Australian Broadcasting Authority, effective 15 February 1993, and the allocation of the 87.5 - 88.0 MHz frequency range for open narrowcasting services until 31 December 2020. This determination by Megan Wynnik, on behalf of the Australian Communications and Media Authority, aims to update and streamline the allocation of radiofrequencies to meet current broadcasting needs and technological advancements.

Scope and Application

The Broadcasting Services Act 1992, as applied in this determination, governs the allocation of radiofrequency spectrum for broadcasting services in Australia. This particular determination, issued by Megan Rachel Anne Wynnik, a delegate of the Australian Communications and Media Authority, pertains to the allocation of spectrum within the frequency range of 87.5 - 88.0 MHz. This range is designated for use by providers of open narrowcasting services, which includes the allocation of spectrum to broadcasters for specific, often targeted, communication services within defined areas. The revocation of the previous determination, known as “Drop Through 1151170,” signifies an update to the allocation policies, reflecting current regulatory and operational needs. This determination applies nationwide, aligning with the Commonwealth’s jurisdiction over broadcasting services, and sets a new period for the allocation of specified frequencies until 31 December 2020, superseding the previously effective allocation from 15 February 1993. The Act itself provides the framework for these regulatory actions, and while the primary focus is on the designated spectrum, the specific details and broader implications of spectrum allocation might be further defined through subordinate instruments issued under the Act.

Key Provisions

The key operative sections of the Broadcasting Services Act 1992, as referenced in the determination, include paragraphs 34(1)(d) and (f). Under these provisions, the Acting Manager of the Australian Communications and Media Authority (ACMA) has the authority to revoke previous determinations and make new determinations regarding the allocation of the radiofrequency spectrum. Specifically, this determination revokes the earlier "Drop Through 1151170" made by the Australian Broadcasting Authority and allocates the frequency range of 87.5 - 88.0 MHz for open narrowcasting services from the date of the determination until 31 December 2020. The obligations and requirements imposed by this determination are primarily administrative and procedural. The ACMA, through its delegate Megan Rachel Anne Wynnik, has the responsibility to manage and allocate parts of the radiofrequency spectrum according to the needs of broadcasters and in line with legislative mandates. This involves ensuring that the specified frequency range is made available for open narrowcasting services, which are typically used for community, religious, or commercial purposes, subject to the conditions and timeframes set out in the determination. There are no direct offences, penalties, or civil/criminal consequences specified within this determination. However, any failure to comply with the determination or the underlying Broadcasting Services Act 1992 could lead to regulatory action by the ACMA or other enforcement actions under the Act. Such actions might include fines, orders for cessation of unauthorised broadcasting activities, or other remedies as deemed appropriate by the ACMA or the courts. The exact penalties for non-compliance would be determined in the context of any enforcement action taken under the overarching provisions of the Act.