Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002
The AUSTRALIAN BROADCASTING AUTHORITY makes this Notice under paragraph 120 (1) (b) of the Broadcasting Services Act 1992.
Dated 22 August 2002
D Flint [Signed] Chairperson
Australian Broadcasting Authority
1 Name of Notice
This Notice is the Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002.
2 Commencement
This Notice commences on 1 January 2003.
3 Definition
In this Notice:
ABA means the Australian Broadcasting Authority.
Act means the Broadcasting Services Act 1992.
approved form means a form approved by the ABA for this Notice.
class licence means the class licence relating to open narrowcasting radio services determined by the ABA on 1 October 1992.
Note Under section 18 of the Act, the open narrowcasting services to which the class licence applies are broadcasting services:
(a) whose reception is limited:
(i) by being targeted to special interest groups; or
(ii) by being intended only for limited locations, for example, arenas or business premises; or
(iii) by being provided during a limited period or to cover a special event; or
(iv) because they provide programs of limited appeal; or
(v) for some other reason; and
(b) that comply with any determinations or clarifications under section 19 of the Act in relation to open narrowcasting services.
HPON radio licence means a transmitter licence issued under section 100 of the Radiocommunications Act 1992 which authorises the operation of a transmitter:
(a) for the provision of an open narrowcasting radio service in a part of the broadcasting services bands that is, at the time the licence is issued, available for allocation under a determination under section 34 of the Act relating to open narrowcasting; and
(b) at a maximum power which exceeds:
(i) if the transmitter is operated in a residential area — 1 watt; or
(ii) if the transmitter is operated in a non-residential area — 10 watts.
Note This definition is based on the definition of HPON radio licence in section 3 of the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001.
LPON radio licence means a transmitter licence issued under section 100 of the Radiocommunications Act 1992 which authorises the operation of a transmitter to provide an open narrowcasting radio service at a maximum power which does not exceed:
(a) if the transmitter is operated in a residential area — 1 watt;
(b) if the transmitter is operated in a non-residential area — 10 watts.
Note This definition is based on the definition of low power open narrowcasting service in section 3 of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000.
networked service means an open narrowcasting radio service that:
(a) is provided under 2 or more HPON radio licences and LPON radio licences (in any combination); and
(b) provides substantially the same content in each area to which the transmitters relate; and
(c) provides the content in substantially the same form in each area to which the transmitters relate.
4 Additional conditions of class licence
For paragraph 120 (1) (b) of the Act, the conditions set out in Schedule 1 are additional conditions of the class licence.
Schedule 1 Additional conditions
(section 4)
1 Application of Schedule 1
This Schedule applies if a person:
(a) provides an open narrowcasting radio service using a transmitter authorised under an HPON radio licence; or
(b) provides an open narrowcasting radio service as a networked service.
2 Description of service
The person must, not later than 30 days after the later of:
(a) the commencement of this Notice; and
(b) the day on which the open narrowcasting radio service is first provided;
give the ABA a statement in an approved form explaining how reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act.
Note The approved form in relation to a networked service may allow a person to make a single statement that:
includes full information about reception of the networked service for the program originator; and
states that the information is the same for each of the other transmitters on which the service is broadcast.
3 Change to service
If there is a significant change to a fact or circumstance by which reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act, the person must, not later than 30 days after the significant change, give the ABA a statement in an approved form:
(a) describing the change; and
(b) explaining how reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act.
Note The approved form in relation to a networked service may allow a person to make a single statement that:
includes full information about reception of the networked service for the program originator; and
states that the information is the same for each of the other transmitters on which the service is broadcast.