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Variation No.1 of 2011 to the Licence Area Plan for Regional Victoria Analog Television made under subsection 26(2) of 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 licence area plan and variations
The ACMA prepares Licence Area Plans (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 ABA made the Licence Area Plan for Regional Victoria Analog Television on 23 October 2003 (“the Regional Victoria Television LAP”).
The ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ACMA has varied the Regional Victoria Television LAP by legislative instrument (“the instrument”) under subsection 26(2) of the BSA.
Intended impact and effect
The instrument varies the Regional Victoria Television LAP by way of replacing commercial analog television channels set out in the existing Regional Victoria Television LAP with commercial digital channels in the Regional Victoria Commercial Digital Channel Plan (DCP).
Regulatory impact analysis
The matter has been referred to the Office of Best Practice Regulation (OBPR) for a preliminary assessment of regulatory impact. The OPBR has considered the matter and formed the opinion that the proposed amendment 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: 2010/12077
Consultation and submissions
Before making the decision to vary the Regional Victoria Television LAP, the ACMA undertook the following consultation:
- On 21 January 2011, the ACMA published the following papers on its website:
- a draft variation to the Regional Victoria Television LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Regional Victoria Television LAP, which invited public comment by 14 February 2011.
- On 21 January 2011, the ACMA wrote to the commercial and national television broadcasting licensees alerting them to the proposed variation and inviting comment.
- On 26 January 2011, the ACMA placed an advertisement in The Age 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.
At the end of the consultation period, the ACMA had received no submissions on the draft variation to the Regional Victoria Television 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 Regional Victoria Analog Television – No. 1 of 2011.
Clause (3)
Clause (3) provides that the instrument commences on 5 May 2011, which is the end of the simulcast period for the Regional Victoria licence areas.
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 the relevant technical specifications, are those planned in the Regional Victoria Commercial DCP.