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Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation No.1 of 2010 to the Licence Area Plan for Spencer Gulf Television 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 Spencer Gulf Television. 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 Spencer Gulf Television in February 1996. It is referred to in this explanatory statement as “the Spencer Gulf Television LAP”.
Intended impact and effect
The instrument varies the Spencer Gulf Television LAP by way of replacing commercial analog television channels set out in the existing Spencer Gulf Television LAP with commercial digital channels in the Spencer Gulf 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 Spencer Gulf Television 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 Spencer Gulf Television LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Spencer Gulf Television 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 Spencer Gulf 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 Spencer Gulf Television – 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 Spencer Gulf 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 the relevant technical specifications, are those planned in the Spencer Gulf DCP.
Clause (4) also makes some minor formatting changes to the Spencer Gulf Television LAP.