Licence Area Plan - Perth Radio - Variation - September 2002

Overview

The Broadcasting Services Act 1992 (Cth) was enacted to provide a framework for the regulation of broadcasting services in Australia. This Act was introduced to address the need for a cohesive legislative framework governing the broadcasting sector, ensuring that broadcasting services operate within a clearly defined and regulated environment. The Australian Broadcasting Authority (ABA) is responsible for administering this Act. In the case of the legislative instrument referenced, the ABA varied the licence area plan for broadcasting services in the Perth area of Western Australia, specifically adjusting technical specifications for the commercial radio service. This was achieved under subsection 26(2) of the Broadcasting Services Act 1992, reflecting the ABA's role in maintaining and updating broadcasting plans to accommodate changing service needs and technical requirements. This variation to the Perth radio licence area plan aimed to enhance the coverage and technical specifications of commercial radio services within the Perth region, ensuring that broadcasting services could effectively reach their intended audiences. By modifying the technical specifications of certain transmitters, the ABA aimed to improve the quality and reach of broadcasting services, aligning with the policy objectives of the Broadcasting Services Act 1992 to facilitate efficient and effective broadcasting services across Australia. The variation underscores the ABA's commitment to adapting to the evolving broadcasting landscape while ensuring compliance with legislative standards.

Scope and Application

The Variation to the Licence Area Plan Perth Radio, issued by the Australian Broadcasting Authority in September 2002, pertains to the broadcasting services operating in the Perth region of Western Australia. This legislative instrument varies the technical specifications for the commercial radio service identified by the service licence number SL4198. The Act applies to entities that hold or are seeking broadcasting licences within the Perth area, including commercial and community radio services. The geographic reach of the legislation is specifically focused on the Perth metropolitan area as defined by the Australian Bureau of Statistics at the time of the 2001 census. The variation includes adjustments to transmitter specifications, particularly for the commercial radio service, ensuring that the services remain compliant with the updated technical parameters. The legislation does not explicitly state any exclusions or exemptions, but the variations and technical specifications are meticulously detailed to ensure adherence to the requirements set forth by the Broadcasting Services Act 1992.

Key Provisions

The main operative sections of the legislation, F2005B01258, detail the variation to the Licence Area Plan for broadcasting services in the Perth area of Western Australia. Under section 26(2) of the Broadcasting Services Act 1992, the Australian Broadcasting Authority (ABA) is empowered to vary the licence area plan. This particular variation modifies the technical specifications for the commercial radio service identified by service licence number SL4198, specifically adding an additional transmitter for the service in Rockingham, as outlined in Attachment 1.12.1. The document provides detailed technical specifications for this new transmitter, including its location, frequency, and radiation pattern. The obligations imposed by this legislation on the parties governed by it include adherence to the revised technical specifications for the transmitter in Rockingham. Broadcasters holding the service licence number SL4198 must comply with the newly defined parameters, such as the transmitter site at the Grain Terminal in Rockingham, the carrier frequency of 105.7 MHz, and the emission frequency band mode of VHF-FM. Furthermore, broadcasters must ensure that their operations align with the specified output radiation pattern and maximum ERP (Effective Radiated Power) levels across different bearing sectors. The variation also reiterates the existing licence area for the Perth radio services, ensuring that the broadcast coverage remains within the designated area as per the Australian Bureau of Statistics' census data. Failure to comply with the provisions outlined in the variation to the Licence Area Plan may result in legal consequences. Although the document does not explicitly state the offences, penalties, or civil/criminal consequences for breach, non-compliance with broadcasting regulations typically falls under the Broadcasting Services Act 1992. Such non-compliance could potentially lead to penalties, including fines, licence suspension, or revocation. The specific penalties would be determined by the ABA or relevant authorities in accordance with the broader legislative framework governing broadcasting services in Australia.