Overview

The Broadcasting Services Act 1992 (BSA) was enacted to regulate broadcasting services in Australia, providing a framework for the allocation of radio and television frequencies, the licensing of broadcasters, and the setting of technical standards. The BSA was introduced to address the need for a coherent and comprehensive legislative structure to govern broadcasting services, ensuring fair competition and the protection of public interests. The Act is administered by the Australian Communications and Media Authority (ACMA), which is responsible for implementing the policy objectives outlined in the BSA, such as promoting diversity in media content and ensuring that broadcasters adhere to community standards. In the context of the Narrogin Licence Area Plan Variation of 1998, the BSA allows the ACMA to modify technical specifications of broadcasting services to better serve the community, as seen in the adjustments made to the technical specifications of the commercial broadcasting service in Narrogin, Western Australia.

Scope and Application

The variation to the licence area plan for radio services in the Narrogin area of Western Australia pertains to the modification of technical specifications for commercial broadcasting services under the Broadcasting Services Act 1992. Specifically, this legislative instrument impacts the commercial broadcasting service designated by the service licence number SL010079, altering its technical specifications as outlined in the attachment 1.3.1. The variation does not affect the status of the service, which remains licensed, nor does it change the frequency of the transmitter, which is set at 100.5 MHz. The updated technical specifications now include the transmitter site's nominal location 5 km southeast of Narrogin, with a carrier frequency of 100.5 MHz, vertical polarisation, and a maximum antenna height of 60 meters, among other detailed technical parameters. This variation applies solely to the specified commercial service in the Narrogin area and does not extend to other entities, industries, or regions outside this scope.

Key Provisions

The main operative sections of the legislative instrument, Variation to Licence Area Plan (LAP) for radio services in the Narrogin area of Western Australia, focus on modifying the technical specifications of the commercial broadcasting service licence number SL010079. This variation is enacted under subsection 26(2) of the Broadcasting Services Act 1992, replacing the existing technical specifications with new ones as outlined in Schedule One and Attachment 1.3.1. The instrument deletes the previous technical specifications and replaces them with the updated ones specified in the new attachments, detailing the transmitter's specifications and the general area served. The obligations imposed by the Act on the parties or entities it governs primarily concern compliance with the updated technical specifications. The licensee, identified as SL010079, must adhere to the new technical parameters, including transmitter location, frequency, and other operational details provided in Attachment 1.3.1. The licensee is required to ensure that their broadcasting operations align with these specifications to maintain the validity of their licence and avoid regulatory non-compliance. Additionally, any modifications to the transmitter site or operational parameters must be reported to the Australian Broadcasting Authority (ABA) for review and approval, ensuring that the broadcasting service remains within the prescribed technical boundaries. Breaches of the provisions outlined in this legislative instrument can lead to various consequences. The Broadcasting Services Act 1992 stipulates that non-compliance with the updated technical specifications may result in administrative actions, including fines or other penalties. The specific penalties for non-compliance are not detailed within this instrument, but under the general provisions of the Act, penalties can include financial penalties, licence suspension, or revocation. The ABA has the authority to enforce these penalties to ensure adherence to the broadcasting regulations and maintain the integrity of the broadcasting services within the Narrogin area.