Overview

The Community Radio Licence Area Plan for Kangaroo Island was introduced in August 1996 by the Australian Broadcasting Authority under section 26(1) of the Broadcasting Services Act 1992. This legislation aimed to address the need for a dedicated community radio service on Kangaroo Island, providing a local broadcasting service that could cater to the specific needs and interests of the island's residents. The plan establishes the technical specifications and general area served by the community radio transmitter, ensuring that the service is adequately covered across the island. The policy objective of this determination is to enhance local broadcasting services, thereby fostering community engagement and information dissemination within the Kangaroo Island region.

Scope and Application

The Community Radio Licence Area Plan for Kangaroo Island, issued under the Broadcasting Services Act 1992, applies to the establishment of community radio broadcasting services on Kangaroo Island, South Australia. This legislation specifies the availability of one community radio service to serve the area, including technical specifications and transmitter details. The plan details the service category, transmitter specifications, and technical requirements such as frequency band and maximum antenna height. Notably, the Act only mandates service licences for commercial and community services, and the plan outlines the technical specifications for these services, with interim and final transmitter locations specified. The legislation's jurisdictional reach is limited to South Australia, specifically the Kangaroo Island region, and does not include any exclusions or exemptions. The application and technical details of this legislation are further refined through attachments and schedules, which provide specific transmitter locations and technical parameters.

Key Provisions

The Community Radio Licence Area Plan for Kangaroo Island, South Australia, determines the availability and technical specifications of community radio broadcasting services on the island. Under section 26(1) of the Broadcasting Services Act 1992, one community radio broadcasting service is mandated for the Kangaroo Island area, as defined in Attachment 1.1. The plan specifies the technical characteristics of the service, including transmitter specifications, frequency band, and emission details, as outlined in the Schedule and Attachments 1.2 and 1.3 to the determination. The Act imposes specific obligations on the entities involved. The Australian Broadcasting Authority, now known as the Australian Communications and Media Authority (ACMA), is responsible for determining the licence area plan and the technical specifications of the broadcasting services. The community radio service provider, identified by the service licence number SL010254, must adhere to the specified technical parameters and operational conditions as detailed in the Schedule and attachments. This includes ensuring the transmitters are set up according to the designated technical specifications, such as the transmitter site location, emission frequency, and maximum ERP (Effective Radiated Power). Failure to comply with the requirements set out in the plan may result in legal consequences. The Broadcasting Services Act 1992 may impose fines or other penalties for breaches. Although the specific penalties are not detailed in the plan, the Act generally allows for penalties that could include fines for non-compliance. Additionally, continued non-compliance could lead to the suspension or revocation of the service licence, potentially impacting the broadcaster’s ability to operate legally within the specified area. The precise penalties would depend on the nature and severity of the breach, as well as any relevant case law or regulatory guidelines.