Licence Area Plan - Sydney Radio - Variation - July 2004

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, providing a framework for licensing, technical standards, and content regulation. The Act was introduced to address the need for a comprehensive legal framework governing broadcasting services in the country, ensuring that broadcasting activities comply with national standards and policies. The Australian Broadcasting Authority (ABA), which was the precursor to the Australian Communications and Media Authority (ACMA), was tasked with administering the Act. The policy objective behind the Act was to maintain a broadcasting system that is diverse, of high quality, and reflective of Australian culture and values, while also ensuring that services do not cause harmful interference with each other. The ABA varied the licence area plans for Sydney radio in July 2004 under the authority provided by the Act, specifically subsection 26(2), to adjust the technical specifications for open narrowcasting services in the Penrith area. This adjustment was aimed at refining the broadcasting services' technical parameters to better serve the community and ensure efficient use of the radio spectrum.

Scope and Application

The Variation to the Licence Area Plan for Sydney Radio, determined in July 2004, amends the Broadcasting Services Act 1992 by altering the technical specifications for radio broadcasting services in the Sydney area of New South Wales. This change specifically affects the open narrowcasting category, which serves the Penrith region. The variation is a technical adjustment and does not alter the licensing or status of existing services. The variation includes modifications to the technical specifications of transmitters and does not involve any changes to the frequency allocations or service licence numbers. The Broadcasting Services Act 1992 applies to this variation, and the changes are confined to the specified technical details of the open narrowcasting service in the Penrith area, as outlined in the attached specifications. The geographic reach of this variation is limited to the Sydney radio licence area in New South Wales. There are no exclusions, exemptions, or thresholds specified in this particular variation, and no subordinate instruments extend or restrict its application. The Australian Broadcasting Authority has taken reasonable care in making these changes, but it disclaims liability for any interference that may result from the use of the broadcasting facilities.

Key Provisions

The legislative instrument concerns a variation to the Licence Area Plan (LAP) for Sydney Radio, determined by the Australian Broadcasting Authority (ABA) in July 2004 under subsection 26(2) of the Broadcasting Services Act 1992. This variation primarily adjusts the technical specifications for Open Narrowcasting services in the Sydney area. The key change involves the transmitter specifications for the service in Penrith, which has been updated with a new transmitter specification number (TS10013427) and is now marked as 'Add' (Section 1). The previous specification (TS10005070) has been marked as 'Delete', indicating it is no longer applicable (Section 1). The updated Licence Area Plan now includes the new transmitter specifications for the Open Narrowcasting service in Penrith. This change is detailed in the Schedules, which list the category of services, their status, frequency, service licence numbers, transmitter specification numbers, and the areas served. Notably, the status of the services and the frequency details are provided for reference but do not form part of the licence area plan decision. The variation also reiterates that the frequency capacity allocations are based on theoretical interference predictions and that the ABA cannot guarantee that licensed use will be free from interference. The ABA and related parties disclaim any liability for interference caused by the licensed use of broadcasting facilities (Section 2). Entities governed by this Act must ensure their technical specifications comply with the updated Licence Area Plan. Broadcasters and prospective applicants are advised to obtain independent technical advice to ensure their operations do not cause interference and that their frequencies operate at prescribed levels. The ABA requires that all reasonable steps be taken to avoid interference before making changes to existing technical conditions or competing for spectrum availability. Failure to adhere to these provisions and technical specifications could result in operational issues or potential breaches of broadcasting regulations (Section 2). There are no specific offences, penalties, or consequences outlined within this legislative instrument. However, non-compliance with the Broadcasting Services Act 1992 or related regulations could lead to enforcement actions by the ABA or other regulatory bodies. Such actions might include fines, sanctions, or other administrative penalties as prescribed under the Act. The maximum penalties for breaches of broadcasting regulations can vary but are typically significant, reflecting the importance of compliance with broadcasting standards and technical specifications.