Licence Area Plan - Adelaide Analog Television - Variation - October 2004

Overview

The Variation to Licence Area Plan Adelaide Analog Television, enacted in October 2004 by the Australian Broadcasting Authority, modifies the existing licence area plan for television broadcasting services in Adelaide. This legislative instrument amends the technical specifications for transmitters in the Adelaide TV1 licence area, specifically by deleting and adding technical specification numbers, as determined under subsection 26(2) of the Broadcasting Services Act 1992. The Broadcasting Services Act 1992 was introduced to regulate broadcasting services, ensuring they comply with standards that promote diversity, quality, and local content, and to address gaps in the existing broadcasting framework. The policy objective of this variation is to refine the technical parameters for broadcasting in the Adelaide region, thereby maintaining the quality and efficiency of the services provided.

Scope and Application

The Variation to Licence Area Plan for Adelaide Analog Television, determined by the Australian Broadcasting Authority on 7 October 2004, applies to the television broadcasting services in the Adelaide region. This determination is made under subsection 26(2) of the Broadcasting Services Act 1992, which regulates the provision of broadcasting services in Australia. The Act applies to various entities, including broadcasters and licence holders, within the specified licence area of Adelaide, and it governs the technical specifications for television transmitters in that area. The variation involves deleting and adding technical specifications for certain transmitters, impacting the category of services, the assignee of the services, and the status of the services. This legislative instrument adjusts the technical details of broadcasting services without altering the broader licensing framework or creating new categories of services. The scope of this legislation is geographically limited to the Adelaide TV1 licence area, and it does not extend to other licence areas or regions outside South Australia. The variation does not introduce new exclusions or exemptions but modifies existing technical specifications. The determination does not rely on subordinate instruments for its application and stands independently within the framework of the Broadcasting Services Act 1992. The Act itself provides for a comprehensive regulatory approach to broadcasting services, with specific provisions for licence area plans and technical specifications, ensuring that broadcasting services operate within defined parameters.

Key Provisions

The key provisions of the Variation to Licence Area Plan for Adelaide Analog Television (LAP) determine the technical specifications for television broadcasting services in the Adelaide area. This legislative instrument, issued by the Australian Broadcasting Authority, amends the existing LAP which was determined on 21 November 2002 under subsection 26(2) of the Broadcasting Services Act 1992. The variation involves the deletion and addition of technical specifications, specifically for the community service licence number SL1150811. The document outlines these changes and updates the technical specifications for the transmitter site, including the frequency, polarisation, maximum antenna height, and output radiation pattern. This Act imposes obligations on the entities governed by it, particularly the assignees of the broadcasting services in the Adelaide area. These entities must comply with the technical specifications detailed in the updated LAP. They are required to ensure that their transmitters meet the specified criteria, such as the transmitter site location, frequency, and emission details. The assignees must adhere to these technical standards to maintain the quality and availability of their services to the community. The Act also outlines the potential consequences for non-compliance with the legislative requirements. While the Act itself does not explicitly state specific offences, penalties, or civil/criminal consequences for breaches, non-compliance with the broadcasting standards and technical specifications can lead to regulatory action by the Australian Broadcasting Authority. This may include enforcement actions, fines, or other penalties as deemed appropriate under the Broadcasting Services Act 1992. The severity of these penalties would depend on the nature and extent of the breach, as well as any other relevant regulatory provisions.