VARIATION TO
LICENCE AREA PLAN
TAREE
(RADIO)
DECEMBER 1998
LICENCE AREA PLAN
TAREE
VARIATION
The Australian Broadcasting Authority hereby varies the licence area plan (LAP) for radio services in the Taree area of New South Wales, determined on 8 October 1998, under subsection 26(2) of the Broadcasting Services Act 1992.
The variation comprises the variation of technical specifications for a community radio service designated by the technical specification number TS10008623, as set out below:
Category of Service | Service Licence No: | Transmitter Specification No: | Technical Specifications | General Area Served by Transmitter | Status |
Community | SL1823 | TS10008623 | See attachment 2.2.1 | Taree | Vary |
The technical specification set out in Schedule Two at Attachment 2.2 of the licence area plan is deleted.
The varied technical specification now applicable to this service is set out in Schedule Two at Attachment 2.2.1 to this instrument.
SCHEDULES
Each of the Schedules sets out:
- the category of each of the services that are to be available in that area (column one).
- The status of the service (column two) does not form part of the licence area plan decision and is included for reference only.
- The frequency for each transmitter (column three) does not form part of the licence area plan decision and is included for reference only.
- the service licence number which has been allocated to the service, if appropriate (column four); N/A = Not Applicable, as the Broadcasting Services Act 1992 only requires service licences for Commercial and Community services.
- the number of transmitters required to transmit the service,
- the transmitter specification number which has been allocated to each transmitter (column five),
- the identifying number of the attachment where the technical specifications for each transmitter are described (column six). (Each set of technical specifications referred to in the Schedules is an attachment to this determination).
- the general area served by each transmitter (column seven).
Status Column
Licensed : service is already licensed
Available : new licence available for allocation
Proposed : transmitter for existing broadcasting service licence
Alternative : alternative channel proposed for licensed service
Reserved : capacity reserved for a national or community service in accordance with Ministerial notification
Frequency Column
- The frequency shown is the centre frequency of the channel.
For ease of reference, the Schedule affected by this variation to the LAP has been updated to reflect the variation to the plan.
Schedules Two of the Taree LAP prior to this variation is reproduced below:
SCHEDULE TWO
Licence Area Plan: Taree - (Radio) - October 1998
Licence Area - TAREE RA2
Service Category | Status * | Frequency * | Service Licence No | Technical Specification No | Attach No | Area Served |
Community | Licensed | 104.5 MHz | SL1823 | TS10008623 | 2.2 | Taree |
Community | Available | 101.3 MHz | SL1823 | TS10008658 | 2.3 | Elands |
SCHEDULE TWO
Licence Area Plan: Taree - (Radio) - October 1998 - as varied December 1998
Licence Area - TAREE RA2
Service Category | Status * | Frequency * | Service Licence No | Technical Specification No | Attach No | Area Served |
Community | Licensed | 104.5 MHz | SL1823 | TS10008623 | 2.2.1 | Taree |
Community | Available | 101.3 MHz | SL1823 | TS10008658 | 2.3 | Elands |
* The information in the status column and the frequency column is provided as additional information to the licence area plan, and is accurate as at the date of publication.
Attachment 2.2.1
LICENCE AREA PLAN : Taree
Category : Community
General Area Served : Taree (NSW)
Service Licence Number : SL1823
TECHNICAL SPECIFICATION - FM Radio
Specification Number : TS10008623
Transmitter Site :-
Nominal location : Careys Mountain
Australian Map Grid : Zone Easting Northing
Reference 56 443797 6475005
Site Tolerance : Refer to Technical Planning Guidelines
Emission :-
Frequency Band & Mode VHF-FM
Carrier Frequency : 104.5 MHz
Polarisation Mixed
Maximum antenna height 40 m
Output Radiation Pattern :-
Bearing or Sector (Clockwise direction) | Maximum ERP |
| |
At all angles of azimuth | 5 kW |
Overview
The Broadcasting Services Act 1992, enacted by the Parliament of Australia, governs the regulation of broadcasting services across Australia. It was introduced to address the need for a comprehensive legal framework governing broadcasting in Australia, including radio and television services, and to establish the Australian Broadcasting Authority (ABA) as the regulatory body. The Act aims to ensure that broadcasting services are provided efficiently and effectively, and that they serve the public interest by promoting diversity and cultural expression. Pursuant to the Act, the Australian Broadcasting Authority has the authority to make variations to licence area plans, such as the Taree (Radio) Licence Area Plan Variation in December 1998. This variation modifies the technical specifications for a community radio service in the Taree area of New South Wales, reflecting updated technical requirements and ensuring the continued provision of radio services in the region.
Scope and Application
The legislative instrument F2005B00717 pertains to a variation of the licence area plan (LAP) for radio services in the Taree area of New South Wales. This variation is issued by the Australian Broadcasting Authority under subsection 26(2) of the Broadcasting Services Act 1992. The variation specifically affects the technical specifications for a community radio service identified by the technical specification number TS10008623. The alteration involves changes to the technical specifications for a transmitter located on Careys Mountain, with adjustments to the emission parameters including the carrier frequency, polarisation, and maximum antenna height. This variation applies only to the specified technical specifications for the community radio service within the designated area of Taree and does not extend to other services or areas outside of this scope. The Broadcasting Services Act 1992 provides the legislative framework for this variation, with the authority to make such changes granted through subordinate instruments as permitted by the Act.
Key Provisions
The primary operative sections of the legislation are those which detail the variation to the Taree (Radio) Licence Area Plan (LAP) as determined by the Australian Broadcasting Authority (ABA) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act). Specifically, this variation affects the technical specifications of a community radio service identified by the technical specification number TS10008623. This variation modifies the technical specifications, such as transmitter location, frequency, and emission details, as set out in Attachment 2.2.1 of the instrument.
The Act imposes certain obligations and requirements on the parties governed by this variation. The ABA, as the regulatory authority, must ensure that any variation to the LAP adheres to the requirements of the Broadcasting Services Act 1992. This includes maintaining records and providing public notification of the changes. Additionally, the community radio service, identified by Service Licence No: SL1823 and Transmitter Specification No: TS10008623, must comply with the updated technical specifications as stipulated in the varied LAP. This means the service provider must adhere to the new technical parameters, such as the transmitter site and frequency, to ensure lawful and efficient operation within the specified area.
Any breach of the provisions outlined in this legislative instrument can lead to significant consequences. The Broadcasting Services Act 1992 provides for both civil and criminal penalties for non-compliance. For instance, an entity that fails to adhere to the technical specifications outlined in the varied LAP may face enforcement actions, including fines. The specific penalties are not detailed in this particular instrument but generally, under the Act, civil penalties can include substantial fines, up to the statutory maximum for serious breaches, and criminal penalties can include imprisonment, reflecting the severity of the non-compliance. Ensuring compliance with these technical specifications is crucial to avoid such repercussions.