Broadcasting Services (Additional Conditions - Open Narrowcasting Radio Services) Notice 2002

Administered by Department of Communications and the Arts

Legislation au F2006B11489 Not in force Legislative Instrument

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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)

Do not delete : Schedule Part Placeholder

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.

 

Overview

The Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002 was enacted by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 to address the need for additional regulatory conditions for open narrowcasting radio services. This notice was introduced to ensure that these services, which are targeted to specific interest groups or limited locations, comply with the legislative framework. The policy objective of this notice is to provide clarity and additional conditions to the existing class licence for open narrowcasting radio services, thereby maintaining the integrity and targeted nature of these services. The notice came into effect on 1 January 2003, providing a structured approach for service providers to explain how their services are limited in reception, ensuring they align with the legislative intent of the Broadcasting Services Act 1992.

Scope and Application

The Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002 applies to individuals or entities providing open narrowcasting radio services using a transmitter authorised under a high power open narrowcasting (HPON) radio licence or as part of a networked service under multiple HPON or low power open narrowcasting (LPON) radio licences. This legislation falls under the jurisdiction of the Australian Broadcasting Authority (ABA) and is a subordinate instrument of the Broadcasting Services Act 1992, specifically referencing section 120(1)(b). The Notice mandates that service providers must inform the ABA within 30 days of the Notice's commencement or the initial provision of the service, whichever is later, by submitting a statement in an approved form that explains how the service's reception is limited. Furthermore, any significant changes to the factors limiting reception must also be reported within 30 days of the change occurring. The Notice is designed to ensure transparency and regulatory compliance for open narrowcasting radio services within Australia.

Key Provisions

The Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002 sets out additional conditions for the provision of open narrowcasting radio services in Australia. The Notice, which commences on 1 January 2003, applies to services provided under a High Power Open Narrowcasting (HPON) radio licence or as a networked service, which involves multiple transmitters providing substantially the same content. The Notice mandates that service providers must notify the Australian Broadcasting Authority (ABA) of how their service's reception is limited (section 4(2)). This limitation could be due to the service being targeted to specific interest groups, intended for limited locations, provided during specific periods, or for other reasons (section 3). The notification must be made within 30 days of the service's commencement or the later of the Notice's commencement and the service's first provision. The obligations imposed by the Notice include the requirement for service providers to submit a statement in an approved form to the ABA, detailing how their service is limited in terms of reception (section 4(2)). This statement must be provided not later than 30 days after the service begins or the Notice commences, whichever is later. For networked services, providers may submit a single statement that includes comprehensive details for the program originator, stating that the information applies to all transmitters involved (section 4(3)). If there is a significant change in the factors limiting reception, the provider must again notify the ABA within 30 days of the change, using the approved form (section 4(3)). Failure to comply with the Notice's requirements may have legal consequences, although the Notice itself does not explicitly detail specific penalties or sanctions for non-compliance. However, under the broader framework of the Broadcasting Services Act 1992, which the Notice operates within, breaches of broadcasting regulations can result in civil or criminal penalties. The severity of these penalties can vary, but they may include fines and, in more serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as determined under the relevant sections of the Act.

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