|
Canberra Purple Building Benjamin Offices Chan Street Belconnen ACT
PO Box 78 Belconnen ACT 2616
T +61 2 6219 5555 F +61 2 6219 5353 | Melbourne Level 44 Melbourne Central Tower 360 Elizabeth Street Melbourne VIC
PO Box 13112 Law Courts Melbourne VIC 8010
T +61 3 9963 6800 F +61 3 9963 6899 | Sydney Level 5 The Bay Centre, 65 Pirrama Road, Pyrmont NSW 2009 Sydney NSW
PO Box Q500 Queen Victoria Building NSW 1230
T +61 2 9334 7700 1800 226 667 F +61 2 9334 7799 |
|
Licence Area Plans – Omnibus (Community Television) Variation 2011 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 Brisbane Analog Television, the Licence Area Plan for Sydney Analog Television and the Licence Area Plan for Melbourne Analog Television (the LAPs) on 21 November 2002.
The ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ACMA has made the omnibus variation by legislative instrument (“the instrument”) under subsection 26(2) of the BSA.
Intended impact and effect
The instrument varies the LAPs by replacing the community television analog channel technical specifications in those LAPs with the community television digital channel technical specifications. This is to allow community television licensees in these licence areas who wish to transition to providing a digital only television service to do so, using unallocated spectrum that was temporarily allotted to these licensees in 2009.
The instrument also amends information missing from the Melbourne Analog Television Licence Area Plan as per the submission received from C31 Pty Limited in Melbourne.
The variations will cease to have effect after the transmitter licences issued to community television broadcasting licensees are automatically cancelled under subsection 103(4A) of the Radiocommunications Act 1992. The future of community television services beyond 2013 is a matter for the Government and no policy decisions on the future of community television services beyond 31 December 2013 have yet been announced.
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: 2011/12448.
Consultation and submissions
Before making the decision to vary the LAPs, the ACMA undertook the following consultation:
- On 13 May 2011, the ACMA published the following papers on its website:
- a draft variation to the LAPs; and
- an explanatory paper about the changes proposed in the draft variation to the LAPs, which invited public comment by 20 June 2011.
- On 16 May 2011, the ACMA wrote to the commercial and national television broadcasting licensees alerting them to the proposed variation and inviting comment.
- On 16 May 2011, the ACMA placed an advertisement in The Age newspaper, outlining the proposed draft variation to the LAPs, 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.
Description of the provisions of the instrument
Clause (1)
Clause (1) names the instrument the Licence Area Plans – Omnibus (Community Television) Variation 2011.
Clause (2)
Clause (2) provides that the instrument commences the day after it is registered.
Clause (3)
Clause (3) provides that the variation will operate until 1 January 2014, at which time the variation will cease to have effect. The Government has yet to make a decision on the long-term use of spectrum for metropolitan CTV services after the switch-off of analog services in 2013. For this reason, the proposed omnibus variation will contain a sunset provision so as to ensure that the digital-only CTV services will cease on the date which aligns with the switch-off of analog services in the relevant licence area as discussed above. Further discussion about the proposed changes is set out below.
Clause (4)
Clause (4) provides that the instrument specified in the Schedules to the variation is amended in the manner set out in the Schedules.
Schedule 1
Items (a) and (b) in Schedule 1 substitute a new Schedule One and a new Attachment 6.1 in the Licence Area Plan for Brisbane Analog Television. The new Schedule and new Attachment 6.1 ensure that the technical specifications set out for the community television service provided under Service Licence Number SL1150810 allow this service to be provided in digital mode.
Schedule 2
Items (a) and (b) in Schedule 2 substitute a new Schedule One and a new Attachment 6.1 in the Licence Area Plan for Sydney Analog Television. The new Schedule and new Attachment 6.1 ensure that the technical specifications set out for the community television service provided under Service Licence Number SL1150807 allow this service to be provided in digital mode.
Schedule 3
Items (a), (b) and (c) in Schedule 3 substitute a new Schedule One, new Attachment 6.1 and new Attachment 6.2 in the Licence Area Plan for Melbourne Analog Television. The new Schedule, new Attachment 6.1 and new Attachment 6.2 ensure that the technical specifications set out for the community television services provided under Service Licence Number SL1150808 allow this service to be provided in digital mode.