Explanatory Statement | Section 26 – Legislative Instruments Act 2003 Variation to the Licence Area Plan for Broken Hill Television and Radio – No.1 of 2010 | DECEMBER 2010 |
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Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation No.1 of 2010 to the Licence Area Plan for Broken Hill Television and Radio made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005 the Australian Communications and Media Authority (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).
The ACMA has varied the Licence Area Plan (LAP) for Broken Hill Television and Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The licence area plans and variations
The ACMA prepares LAPs under subsection 26(1) of the BSA. LAPs 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.
The ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ABA made the Licence Area Plan for Broken Hill Television and Radio in February 1996. The television component of the LAP was varied in March 2002. It is referred to in this explanatory statement as “the Broken Hill Television and Radio LAP”.
Intended impact and effect
The instrument varies the Broken Hill Television and Radio LAP by way of replacing commercial analog television channels set out in the existing Broken Hill Television and Radio LAP with commercial digital channels in the Broken Hill Digital Channel Plan (DCP).
Regulatory impact analysis
We have formed the view that the recommendations in this submission would give rise to a regulatory obligation and we have undertaken a regulatory analysis process. The Office of Best Practice Regulation has considered the matter and formed the opinion that the proposed amendments will have minor and machinery impacts and therefore no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement) is required. OBPR ID: 2010/11720
Consultation and submissions
Before making the decision to vary the Broken Hill Television and Radio LAP, the ACMA undertook the following consultation:
On 5 October 2010, the ACMA published the following papers on its website:
- a draft variation to the Broken Hill Television and Radio LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Broken Hill Television and Radio LAP, which invited public comment by 17 October 2010.
On 6 October 2010, the ACMA placed an advertisement in The Australian national newspaper, outlining the proposed draft variation to the LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.
On 7 October 2010, the ACMA wrote to the commercial television broadcasting licensees alerting them to the proposed variation and inviting comment.
The ACMA received no submissions on the draft variation to the Broken Hill Television and Radio LAP or on the accompanying explanatory paper.
Description of the provisions of the instrument
Clause (1)
Clause (1) identifies the power under which the ACMA makes the instrument, section 26(2) of the BSA.
Clause (2)
Clause (2) names the instrument the Variation to the Licence Area Plan for Broken Hill Television and Radio – No. 1 of 2010.
Clause (3)
Clause (3) provides that the instrument commences on 15 December 2010, which is the end of the simulcast period for the Broken Hill TV1 licence area.
Clause (4)
Clause (4) of the instrument replaces the Schedules and Attachments that deal with commercial television broadcasting services transmitted in analog mode with Schedules and Attachments that deal with transmission of such services in digital mode. The channels to be used, and relevant technical specifications, are those planned in the Broken Hill DCP.
Clause (4) also makes some minor formatting changes to the Broken Hill Television and Radio LAP.
Overview
The Broadcasting Services Act 1992 (BSA) was enacted to provide for the regulation of broadcasting services in Australia, ensuring they are available and accessible to the public, while promoting diversity and competition. The Act addresses the need for a cohesive regulatory framework governing broadcasting services, ensuring they are delivered in a manner that reflects the interests of the Australian public and complies with national standards. The BSA was enacted by the Parliament of Australia and its policy objective is to facilitate the provision of broadcasting services that are efficient, effective, and in the best interests of the Australian public. The Australian Communications and Media Authority (ACMA) is responsible for the administration and enforcement of the BSA, with a mandate to ensure compliance and promote the public interest in broadcasting services. The ACMA has varied the Licence Area Plan (LAP) for Broken Hill Television and Radio to transition from analog to digital broadcasting, reflecting advancements in technology and better service delivery. This change was made to improve the quality and reliability of broadcasting services in the region, aligning with the objectives of the BSA to ensure broadcasting services are available and accessible to the public.
Scope and Application
The Variation No. 1 of 2010 to the Licence Area Plan for Broken Hill Television and Radio, made under the Broadcasting Services Act 1992, applies to the transition of broadcasting services from analog to digital mode in the Broken Hill licence area. This variation, implemented by the Australian Communications and Media Authority (ACMA), specifically replaces the existing analog television channels with digital channels as outlined in the Broken Hill Digital Channel Plan. This instrument affects broadcasters operating in the Broken Hill region, requiring them to comply with the new technical specifications for digital broadcasting. The variation does not extend beyond the Broken Hill licence area and is confined to the transition of television services from analog to digital, as dictated by the Broadcasting Services Act 1992. The instrument commenced on 15 December 2010, marking the end of the simulcast period for the Broken Hill TV1 licence area. The instrument does not include any specific exclusions, exemptions, or thresholds beyond its geographic and functional scope. The ACMA engaged in a consultation process with the public and relevant stakeholders, though no submissions were received.
Key Provisions
The main operative sections of this instrument are Clauses (1) to (4). Clause (1) specifies the power under which the Australian Communications and Media Authority (ACMA) makes the instrument, referencing section 26(2) of the Broadcasting Services Act 1992 (BSA). Clause (2) names the instrument as the Variation to the Licence Area Plan for Broken Hill Television and Radio – No. 1 of 2010. Clause (3) stipulates that the instrument commences on 15 December 2010, which is the end of the simulcast period for the Broken Hill TV1 licence area. Clause (4) details the variations to the existing Broken Hill Television and Radio Licence Area Plan (LAP), replacing analog commercial television channels with digital ones as outlined in the Broken Hill Digital Channel Plan (DCP), and includes minor formatting changes.
The ACMA, as the governing authority under the BSA, is responsible for preparing Licence Area Plans and making variations to these plans. The ACMA must ensure that broadcasting services are available in particular areas of Australia, determining the number and characteristics of these services, including technical specifications. The ACMA is also tasked with consulting relevant parties and considering public submissions when making variations to the LAPs. In this instance, the ACMA consulted the public and commercial television broadcasting licensees but received no submissions regarding the draft variation to the Broken Hill Television and Radio LAP.
The instrument imposes specific obligations on the ACMA and broadcasting licensees. The ACMA must prepare Licence Area Plans and variations according to the BSA, ensuring broadcasting services are adequately provided in designated areas. The ACMA must also consult with relevant parties and consider public submissions when making such variations. Broadcasting licensees, in turn, must comply with the technical specifications and other requirements outlined in the LAPs and any subsequent variations.
Under the BSA, breaches of the requirements set out in the Licence Area Plans and their variations may result in civil or criminal penalties. While the explanatory statement does not specify exact penalties, breaches of broadcasting regulations can lead to fines, cessation of services, or other enforcement actions. The severity of the penalty depends on the nature and extent of the breach, as well as any previous history of non-compliance.
The instrument does not explicitly state any offences or penalties for breach, but it is important to note that the BSA provides for enforcement measures against non-compliance with Licence Area Plans and their variations. These measures can include fines, cessation orders, and other regulatory actions to ensure adherence to broadcasting standards and requirements.