Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, aims to regulate broadcasting services in Australia, ensuring a balance between the public's right to access information and the need for efficient and effective use of the radio spectrum. The Act provides a framework for the licensing of broadcasting services, including community and commercial radio, and establishes the Australian Broadcasting Authority (ABA) to administer the licensing process and enforce compliance with the Act. This legislative instrument, the Variation to Community and Open Narrowcasting Radio Licence Area Plan Ceduna, demonstrates the ABA's role in adjusting technical specifications of broadcasting services to better meet the needs of the community and ensure the efficient use of the radio spectrum. The variation in this instrument addresses the need to update the technical specifications of the community radio service in the Ceduna area, as initially determined in July 1996, to reflect changes in technology, community needs, or other relevant factors.

Scope and Application

The Variation to Community and Open Narrowcasting Radio Licence Area Plan Ceduna, issued under the Broadcasting Services Act 1992, pertains specifically to the community broadcasting service in the Ceduna area of South Australia. This variation modifies the technical specifications of the community broadcasting service with the service licence number SL010151, as originally designated in the Licence Area Plan determined on 19 July 1996. The Act applies to the community radio service operating within the specified geographic area of Ceduna/Smoky Bay in South Australia. The legislative instrument alters the technical specifications of the community radio service, updating the transmitter specifications and the technical details necessary for its operation. The variation was determined by the Australian Broadcasting Authority on 30 April 1998, as evidenced by the deletion of the previous technical specifications and the introduction of new ones detailed in the Schedule and Attachment 1.2.1. This modification ensures that the community broadcasting service in Ceduna complies with the updated technical requirements, maintaining the integrity and efficiency of the broadcasting services in the region.

Key Provisions

The main operative sections of this legislative instrument, specifically Section 2, detail the variation to the community and open narrowcasting radio licence area plan for Ceduna. The Australian Broadcasting Authority (ABA) modifies the technical specifications for the community broadcasting service with the licence number SL010151. The variation involves changing the transmitter specifications, which are now set out in Schedule One and Attachment 1.2.1 of this instrument, replacing the previous specifications detailed in Schedule One and Attachment 1.2. This change is aimed at updating the technical parameters for the community radio service operating in the Ceduna area. The obligations imposed by this Act primarily focus on ensuring compliance with the new technical specifications for the community broadcasting service. The service licensee, identified by the service licence number SL010151, must adhere to the updated transmitter specifications outlined in Schedule One and Attachment 1.2.1. This includes meeting the technical requirements for the transmitter site, such as the location at the Ceduna Airport, the emission specifications, and the frequency band and mode of transmission. The licensee must ensure that their operations comply with these technical standards to maintain a valid licence and continue broadcasting in the Ceduna area. Breaches of the new technical specifications could lead to various consequences under the Broadcasting Services Act 1992. The ABA has the authority to enforce compliance and may take action against non-compliance. Possible outcomes include the imposition of fines, the requirement to cease broadcasting until compliance is achieved, or the revocation of the service licence. The maximum penalties for such breaches are not explicitly stated in this instrument but are typically outlined in the overarching Act. Non-compliance with the technical specifications could thus result in significant penalties, impacting the service provider's ability to operate legally within the specified licence area.