Licence Area Plan - Atherton (Radio) - Variation - June 2004

Overview

The Broadcasting Services Act 1992 was enacted to regulate the broadcasting industry in Australia, aiming to ensure efficient and effective use of the radio spectrum and to provide for the regulation of broadcasting services in the public interest. The Act was introduced to address the need for a comprehensive legal framework governing broadcasting services, particularly in light of technological advancements and the expansion of media outlets. The Australian Parliament enacted this legislation to establish a regulatory body, the Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), to oversee and manage broadcasting services. The policy objective of the Act is to promote diversity and pluralism in the broadcasting sector while safeguarding the public interest by ensuring that broadcasting services are provided in a manner that is consistent with the values and standards of the community. In June 2004, the Australian Broadcasting Authority varied the licence area plan for radio services in Atherton, Queensland, under subsection 26(2) of the Broadcasting Services Act 1992. This variation involved including an additional technical specification for the existing commercial radio service, 4AMM, and adjusting the areas served by the transmitter to align with the 2001 Census boundaries. The variation was aimed at ensuring the efficient allocation and use of the radio spectrum while accommodating changes in population distribution and service requirements within the specified licence area.

Scope and Application

The Variation to the Licence Area Plan for radio services in Atherton, Queensland, issued by the Australian Broadcasting Authority in June 2004, amends the licence area plan determined under subsection 26(2) of the Broadcasting Services Act 1992. The variation applies to the existing commercial radio service, 4AMM, by including an additional technical specification and altering the service area boundaries from 1996 to 2001 Census boundaries. The legislation affects entities involved in commercial radio broadcasting within the specified Atherton area, focusing on the technical specifications of their services and the geographic reach of their transmitters. The geographic reach of this variation is confined to the Atherton area of Queensland, without any explicit mention of extensions or restrictions through subordinate instruments. The Act itself does not explicitly state any exclusions or exemptions, but the determination of service area boundaries and technical specifications inherently excludes areas not listed within the specified census boundaries.

Key Provisions

The key operative sections of this legislative instrument (F2005B00736) are primarily concerned with the variation of the licence area plan (LAP) for radio services in Atherton, Queensland. Section 26(2) of the Broadcasting Services Act 1992 empowers the Australian Broadcasting Authority (ABA) to make such variations. The LAP is varied to include an additional technical specification for the existing commercial radio service 4AMM (Service Licence No: SL1150016, Technical Specification No: TS10013397). This technical specification pertains to the general area served by the transmitter, specifically Ravenshoe, and is detailed in Attachment 1.16. Furthermore, the variation also adjusts the boundaries of the licence area from the 1996 to the 2001 Census boundaries, as described in Attachments 1.1.1 and 2.1.1. The obligations imposed by this Act on the parties or entities it governs include the adherence to the newly specified technical parameters for the commercial radio service 4AMM. This includes ensuring that the transmitter in Ravenshoe meets the technical specifications outlined in Attachment 1.16, such as the carrier frequency of 92.1 MHz and a maximum ERP of 250 W at all angles of azimuth. Additionally, the service is required to be interference limited, protecting only field strength levels of 66 dBuV/m and above from interference. The Act also mandates the use of updated Census boundaries for defining the licence area, reflecting the 2001 Census data as opposed to the 1996 data. In terms of offences, penalties, or civil/criminal consequences for breach, the legislative instrument does not explicitly detail these within its text. However, breaches of the Broadcasting Services Act 1992, under which this variation is made, could result in civil penalties. Such penalties may include fines up to $110,000 for individuals and $550,000 for corporations, as stipulated in the Act. Additionally, criminal penalties may apply for more serious breaches, which could lead to imprisonment for up to two years for individuals and higher fines for corporations. The exact penalties would depend on the specific nature and severity of the breach.