Licence Area Plan - Darwin Television - June 2012

In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005, the Australian Communications and Media Authority (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The ACMA has made the Licence Area Plan – Darwin Television. This licence area plan (LAP) was made under subsection 26(1) of the BSA and is referred to in this explanatory statement as “the instrument”.

The licence area plan 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 – Darwin and Katherine Television and Radio – October 1995 on 17 October 1995.

It is referred to in this explanatory statement as “the Darwin LAP”.

Intended impact and effect

The instrument:

1. determines the technical specifications for television broadcasting services previously contained in the Darwin LAP;
2. updates the description of the Darwin TV1 licence area so that it is defined in terms used in the 2006 Australian Bureau of Statistics (ABS) census;
3. varies the existing technical specifications of the open narrowcasting television service at Darwin to allow it to transmit in digital mode, on channel 35, from a new site; and
4. removes the planned, but not allocated, national/community television specification at Darwin, Darwin North and Batchelor.

The intended impact and effect of this instrument is to clarify the characteristics, including technical specifications, of television broadcasting services in the Darwin area. The ACMA does not intend the instrument to alter any existing rights and obligations, except as set out above.

Regulatory impact analysis

The ACMA’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the variation is likely to have no or low impact on business or the economy; and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.

The OBPR issued an exemption reference number: 2011/12980.

Consultation and submissions

Before making the decision to make the instrument, the ACMA undertook the following consultation:

• On 15 December 2011, the ACMA wrote to the commercial and national television broadcasting licensees in Darwin alerting them to the draft instrument and inviting comment.
• On 20 December 2011, the ACMA published a media release seeking comment on the draft instrument.
• On 20 December 2011, the ACMA published the following papers on its website:
  • a draft variation to the Darwin LAP;
  • the draft instrument; and
  • an explanatory paper about the draft variation to the Darwin LAP and the draft instrument, which invited public comment by 27 January 2012.
• On 21 December 2011, the ACMA placed an advertisement in Northern Territory News and Katherine Times newspapers, outlining the draft instrument, providing details of how to obtain copies of the draft instrument and inviting public comment.
• On 15 January 2012, ACMA received one submission on the draft instrument, proposing that the ACMA consider an alternative channel allocation of channel 35 for the high power open narrowcasting (HPON) television service at Darwin (as opposed to the proposed channel 36).
• On 14 March 2012, the ACMA wrote to the commercial and national television broadcasting licensees in Darwin seeking comment on the proposed alternative channel allocation for the HPON television service at Darwin. The comment period closed on 13 April 2012.
• On 14 March 2012, the ACMA published a media release seeking comments on the proposed alternative channel allocation for the HPON television service at Darwin.
• On 14 March 2012, the ACMA published a discussion paper on its website which invited comment by 13 April 2012 on the proposed alternative channel allocation for the HPON television service at Darwin.
• On 14 March 2012, the ACMA placed an advertisement in Northern Territory News and Katherine Times newspapers, advising that the ACMA was consulting on an alternative channel allocation for the HPON television service at Darwin, providing details of how to access a discussion paper on the ACMA’s website, and inviting public comment.
• On 17 March 2012, the ACMA received one submission and on 5 April 2012 the ACMA received a second submission. Neither submission opposed an alternative channel allocation for the HPON television service at Darwin.

In finalising the instrument, the ACMA has considered the submissions it received.

Description of the provisions of the instrument

Clause 1

Clause 1 names the instrument the Licence Area Plan – Darwin Television.

Clause 2

Clause 2 provides that the instrument commences the day after it is registered.

Subclause 3(1)

Subclause 3(1) identifies that the ACMA makes the instrument under subsection 26(1) of the BSA.

Subclause 3(2)

Subclause 3(2) determines that two national television broadcasting services, two commercial television broadcasting services, and one open narrowcasting television service are to be available in the Darwin TV1 licence area.

Subclause 3(3)

Subclause 3(3) provides that a reference in the instrument to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.

Schedule One

The Schedule to the instrument sets out in more detail the national television broadcasting services, commercial television broadcasting services, and open narrowcasting television service that are to be available in the Darwin TV1 licence area.  In particular, it identifies the frequency or frequencies each television broadcasting service is authorised to use, the transmitter specification number for each transmitter to be used in the licence area, the relevant Attachment for each transmitter, and the “general area” served by those transmitters.

The intended impact and effect of the Schedule is to re-state the characteristics of television broadcasting services in the Darwin area that were contained in the Darwin LAP, with changes to the technical specifications for the open narrowcasting television service. The ACMA does not intend the instrument to alter any existing rights and obligations, except as set out above.

Attachment 1.1

The Attachment defines the Darwin TV1 licence area.  It does so by reference to areas defined by the Australian Bureau of Statistics in the Census held in 2006.   

Attachments 1.2 to 1.12

The Attachments to the instrument set out in more detail the technical specifications for the transmitters to be used by the television services that are to be available in the Darwin TV1 licence area. 

The intended impact and effect of the Attachments is to re-state the technical specifications of television broadcasting services in the Darwin area that were contained in the Darwin LAP, with some changes to the specifications for the open narrowcasting television service and the removal of specifications for an unallocated community or national broadcasting service.  The changes to specifications for the open narrowcasting television service allow the service to be transmitted in digital mode, from a new site. The ACMA does not intend the Attachments to alter any existing rights and obligations, except as set out above.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Licence Area Plan – Darwin Television

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

This instrument makes available the television specifications previously contained in the Darwin LAP, updates the description of the Darwin TV1 licence area so that it is defined in terms used in the 2006 Australian Bureau of Statistics (ABS) census, varies the existing technical specifications of the open narrowcasting television service at Darwin to allow transmission in digital mode, and removes the planned, but not allocated, national/community television specification at Darwin, Darwin North and Batchelor.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Australian Communications and Media Authority