EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan
Arnhem Land Radio
January 2006
© Commonwealth of Australia January 2006
This work is copyright. Apart from fair dealings for the purpose of private study, research, criticism or review, as permitted by the Copyright Act 1968, no part may be reproduced or transmitted, in any form or by any means or process, without the written permission of the publishers.
Published by the Australian Communications and Media Authority
PO Box 34
Belconnen ACT 2616
LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Determination of licence area plan for Arnhem Land radio made under the Broadcasting Services Act 1992
On 19 January 2006, the Australian Communications and Media Authority (ACMA) determined the Licence Area Plan for Arnhem Land Radio. The determination was made under section 26(1) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement as “the licence area plan”.
Preparation of a licence area plan
ACMA prepares licence area plans under section 26(1) of the BSA. Licence area plans determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.
Intended impact and effect
ACMA intends the effect of the licence area plan to be to make a community radio broadcasting service (the service) available in the Arnhem Land (and Darwin) area of the Northern Territory.
Consultation
On 20 February 2003, ACMA received an unsolicited request from a temporary community radio broadcaster, the Aboriginal Resource and Development Services Inc., to make AM channel capacity available for a permanent community broadcasting service in North East Arnhem Land and Darwin in the Northern Territory.
Before making its decision to determine the licence area plan, ACMA undertook the following steps by way of consultation:
On 1 November 2005, ACMA published the following papers on its website:
● a draft licence area plan (in the same form as the licence area plan), and
● an explanatory paper about the proposal.
ACMA invited public comment on the proposal by 25 November 2005.
ACMA placed advertisements in the Arafura Times and the Northern Territory News on 2 November 2005 and 5 November 2005, respectively. The advertisements outlined the effect of the draft licence area plan, provided details of how to obtain copies of the draft licence area plan (including how to access it on ACMA’s website) and invited public comment.
ACMA wrote to persons providing broadcasting services in the Darwin and Nhulunbuy licence areas to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.
ACMA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, and Commercial Radio Australia, as well as Air Services Australia, to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.
ACMA received six submissions on the draft licence area plan and explanatory paper.
Description of the provisions of the licence area plan
Clause (1) of the licence area plan determines that there will be a licence area plan for broadcasting services in the Arnhem Land and Darwin area of the Northern Territory.
Clause (2) of the licence area plan provides:
- that there will be one community radio broadcasting service available in the area described at Attachment 1.1 to the licence area plan. This attachment describes the Arnhem Land RA1 licence area in terms used by the Australian Bureau of Statistics at the last Census.
- that the service will have the characteristics (including the technical specification) set out in Schedule One and attachments 1.2, 1.3, 1.4, 1.5 and 1.6 to the licence area plan.
Clause (3) of the licence area plan ensures that a reference in the determination to a schedule or an attachment will include a reference to a schedule or attachment that is later amended.
Schedule One sets out details of the community radio broadcasting service that is to be available in the Arnhem Land and Darwin area, including the technical specification numbers for the transmitters to be used by the service and the number of each attachment to the licence area plan containing the technical specification for those transmitters.
Attachment 1.1 defines the area in which the community radio service is to be available in terms used by the Australian Bureau of Statistics at the most recent Census.
Attachments 1.2, 1.3, 1.4, 1.5 and 1.6 contain the technical specifications for the transmitters for the service, including:
- the nominal transmitter site;
- the frequency on which the service may be transmitted;
- other emission details; and
- the output radiation pattern (including power limitations).
Overview
The Licensing Area Plan Arnhem Land Radio was introduced in January 2006 under the Broadcasting Services Act 1992 (BSA) by the Australian Communications and Media Authority (ACMA). The legislation was enacted to address the need for a structured plan to allocate broadcasting services in the Arnhem Land and Darwin areas of the Northern Territory. The policy objective was to ensure the provision of a community radio broadcasting service in these regions, responding to an unsolicited request from the Aboriginal Resource and Development Services Inc. The explanatory statement details the consultation process undertaken by ACMA, including public comments and submissions, which aimed to incorporate feedback before finalizing the licence area plan. This plan specifies the technical characteristics and number of broadcasting services to be available, ensuring clarity and efficiency in service provision within the designated areas.
Scope and Application
The Licence Area Plan Arnhem Land Radio, as determined by the Australian Communications and Media Authority (ACMA) under section 26(1) of the Broadcasting Services Act 1992 (BSA), applies specifically to the Arnhem Land and Darwin areas of the Northern Territory. This determination is aimed at establishing the parameters and technical specifications for community radio broadcasting services in these regions. The primary objective of this licence area plan is to facilitate the availability of a dedicated community radio broadcasting service within the designated areas, ensuring that the service adheres to the specified technical standards and operational characteristics. ACMA undertook extensive consultation processes, including public notices and submissions from interested parties, before finalising the licence area plan. The plan, which includes detailed technical specifications and area definitions, is intended to be comprehensive and inclusive, addressing the broadcasting needs of the local communities in Arnhem Land and Darwin.
The licence area plan applies to all entities providing broadcasting services within the specified Arnhem Land and Darwin areas of the Northern Territory. It sets forth the technical specifications for the transmitters to be used by the community radio broadcasting service, ensuring compliance with the standards outlined in Schedule One and the various attachments detailing technical specifics. These attachments include definitions of the operational areas, transmitter sites, frequencies, emission details, and power limitations. The plan is designed to be robust and adaptable, incorporating any subsequent amendments to schedules or attachments through its provisions. The BSA empowers ACMA to make such determinations, thereby extending its regulatory reach over broadcasting services in these specific areas. The licence area plan does not explicitly mention any exclusions or exemptions, implying that all relevant broadcasters must comply with the established technical and operational standards.
Key Provisions
The main operative sections of this legislation determine the Licence Area Plan for Arnhem Land Radio. Clause (1) of the licence area plan establishes that there will be a licence area plan for broadcasting services in the Arnhem Land and Darwin area of the Northern Territory (section 1). Clause (2) specifies that there will be one community radio broadcasting service available in the area described at Attachment 1.1 to the licence area plan, with the characteristics set out in Schedule One and attachments 1.2, 1.3, 1.4, 1.5 and 1.6 (section 2). Clause (3) ensures that a reference in the determination to a schedule or an attachment will include a reference to a schedule or attachment that is later amended (section 3).
The obligations and requirements the Act imposes on the parties or entities it governs include the preparation of a licence area plan by the Australian Communications and Media Authority (ACMA). ACMA is responsible for determining the number and characteristics of broadcasting services, including technical specifications, that are to be available in particular areas of Australia with the use of the broadcasting services bands. The intended impact and effect of the licence area plan is to make a community radio broadcasting service available in the Arnhem Land (and Darwin) area of the Northern Territory. ACMA undertook consultation with relevant stakeholders, including broadcasting service providers and industry bodies, before making its decision to determine the licence area plan.
Any offences, penalties, or civil/criminal consequences for breach of this legislation are not explicitly stated in the text. However, it is worth noting that the Broadcasting Services Act 1992 (BSA) under which this licence area plan is determined may contain provisions for offences and penalties related to breaches of broadcasting regulations or licensing requirements. These could include fines, imprisonment, or other civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for such offences would be determined by the BSA and any relevant regulations or guidelines issued by ACMA.
Overall, this legislation sets out the framework for the provision of community radio broadcasting services in the Arnhem Land and Darwin area of the Northern Territory, including the technical specifications and other requirements for these services. It also establishes the role of ACMA in determining licence area plans and ensuring compliance with broadcasting regulations.