Licence Area Plan - Broken Hill (Television and Radio) - Variation - March 2002

Overview

The Australian Broadcasting Authority Varies the Licence Area Plan for Television Broadcasting Services at Broken Hill, as set out in the Broken Hill (Television) Licence Area Plan Variation Instrument 2002. This legislative instrument was enacted in 2002 to modify the existing television broadcasting services plan for Broken Hill, addressing issues related to the technical specifications and service categories. The variation was authorised under the Broadcasting Services Act 1992, with the objective of ensuring that the broadcasting services in Broken Hill remain compliant with the legislative framework. The variation includes the deletion of technical specifications for a national/community television service, the addition of technical specifications for a commercial television service, and modifications to the existing commercial television service specifications. This adjustment was made to enhance the efficiency and effectiveness of the broadcasting services in the region, aligning them with the policy objectives of the Broadcasting Services Act 1992.

Scope and Application

This legislative instrument applies to the Broken Hill licence area plan for television broadcasting services, affecting the technical specifications of the services provided in that region. The variation made by the Australian Broadcasting Authority pertains specifically to the removal and amendment of technical specifications for national/community and commercial television services in Broken Hill. The changes include the deletion of specifications for a national/community television service, the addition of specifications for a commercial television service, and modifications to the existing commercial television service specifications. The alterations are designed to ensure the technical aspects of television broadcasting services in Broken Hill comply with current regulatory requirements. The legislation applies to the Broken Hill area in New South Wales, thereby affecting television service providers operating within this region. There are no stated exclusions or exemptions in this legislative variation, but it should be noted that the technical specifications and status of services provided in the Schedule are for reference purposes only and do not form part of the licence area plan decision.

Key Provisions

The main operative sections of this legislation involve the variation of the licence area plan (LAP) for television broadcasting services at Broken Hill, NSW, as determined under subsection 26(2) of the Broadcasting Services Act 1992 (section 1). This variation includes the deletion of technical specifications for a national/community television service and the addition and modification of technical specifications for commercial television services (section 1). The specific changes include the deletion of technical specifications for the national/community television service (section 2), the addition of technical specifications for a commercial television service (section 3), and changes to the technical specifications for another commercial television service (section 4). These changes are detailed in the Schedule to the legislation. The Act imposes several obligations on the parties involved, including the Australian Broadcasting Authority, which must determine and vary the LAP as per the Broadcasting Services Act 1992. The Authority must ensure that the variations align with the regulatory framework governing broadcasting services. The licensees of the affected services must comply with the updated technical specifications and any other requirements set forth in the LAP variation. The broadcasters must adhere to the specified technical parameters for their services to maintain compliance with the licensing conditions. Failure to comply with the provisions of the Broadcasting Services Act 1992 and the varied LAP can result in various penalties and consequences. For example, non-compliance with the technical specifications or other licensing conditions could lead to enforcement actions by the Australian Communications and Media Authority, which succeeded the Australian Broadcasting Authority. Potential penalties include fines and, in severe cases, the revocation of broadcasting licences. The exact penalties depend on the nature and severity of the breach, as outlined in the relevant sections of the Broadcasting Services Act 1992.