Overview

The Broadcasting Services Act 1992 was enacted to establish a framework for the regulation of broadcasting services in Australia. This legislation was introduced to address the need for a comprehensive regulatory system that would oversee the provision of broadcasting services, ensuring they met certain standards and adhered to the relevant policies. The Australian Broadcasting Authority, as the enacting body, made the Community Radio Licence Area Plan for Lord Howe Island in 1996 to formalise the availability of community radio services on the island. The plan specifies the technical specifications and parameters for these services, ensuring that broadcasting is conducted efficiently and effectively in accordance with the policy objectives of the Broadcasting Services Act 1992. This determination reflects the commitment to providing accessible and reliable community radio services to the residents of Lord Howe Island.

Scope and Application

The Community Radio Licence Area Plan for Lord Howe Island, made by the Australian Broadcasting Authority under section 26(1) of the Broadcasting Services Act 1992, specifies the availability of one community radio broadcasting service in the Lord Howe Island area of New South Wales. This plan, which was determined on 27 August 1996, outlines the technical specifications and requirements for the community radio service, including the number and characteristics of the transmitters needed to provide coverage to the island. The community radio service is allocated a specific service licence number and transmitter specification number, with detailed technical specifications outlined in attachments to the determination. The plan designates the general area served by each transmitter and sets out the technical parameters such as frequency band, carrier frequency, and maximum ERP to ensure effective broadcasting within the defined licence area, which is based on the Australian Bureau of Statistics collection district data from the 1991 census.

Key Provisions

The Community Radio Licence Area Plan for Lord Howe Island, established under section 26(1) of the Broadcasting Services Act 1992, specifies the availability of one community radio broadcasting service in the Lord Howe Island area of New South Wales. This service is to be provided using the broadcasting services bands, and its characteristics, including technical specifications, are detailed in the Schedule and Attachments of the determination (sections 1.1 and 1.2). The plan designates that the service will be a community radio service, with a specific service licence number SL010247 and transmitter specification number TS004146. This service will be available across the defined area of Lord Howe Island, which comprises a population of 372 persons according to the Australian Bureau of Statistics at the census of 6 August 1991. Under the plan, the obligations and requirements imposed on the parties include adherence to the technical specifications outlined in Attachment 1.2. The transmitter for this community radio service will be located at Signal Point, approximately 300 meters north of Point, and will operate within the VHF-FM frequency band. The transmitter's technical specifications include a carrier frequency of 100.0 MHz, vertical polarisation, a maximum antenna height of 9 meters, and an output radiation pattern with a maximum Effective Radiated Power (ERP) of 50 watts in all azimuthal directions. Compliance with these technical standards is mandatory for the provision of the radio service. Breaches of the requirements set forth in the Licence Area Plan may result in various consequences. While the specific offences and penalties are not detailed in the provided text, under the Broadcasting Services Act 1992, non-compliance with broadcasting regulations can lead to administrative penalties, including fines, and in severe cases, revocation of the licence. The Act also provides for civil and criminal proceedings, with penalties that can include substantial fines and imprisonment for serious breaches. The exact penalties are determined based on the nature and severity of the breach, in accordance with the provisions of the Broadcasting Services Act 1992.