NOTICE OF RESERVATION OF CAPACITY FOR COMMUNITY
BROADCASTING TELEVISION SERVICES (No. 1 of 1999)
EXPLANATORY STATEMENT
Subsection 31(1) of the Broadcasting Services Act 1992 (the BSA) provides that the Minister may notify the Australian Broadcasting Authority (the ABA) in writing that capacity in the broadcasting services bands is to be reserved for a specified number of:
(a) national broadcasting services; or
(b) community broadcasting services.
Section 32 of the BSA provides that a notice under section 31 is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subsection 31(2) of the BSA prevents the ABA from allowing other broadcasting services to use the capacity in the broadcasting services bands which is reserved under subsection 31(1) for community or national broadcasting services. An exception is allowed under section 34.
Subsection 34(1) of the BSA provides, among other things, that if broadcasting services bands spectrum has been reserved under section 31 but has not been made available for the purposes for which it was reserved, the ABA may decide that part of or parts of the radiofrequency spectrum concerned is available for allocation for a period specified by the ABA to providers of open narrowcasting services.
On 17 March 1994, a notice was made under subsection 31(1) reserving capacity for an Australia-wide, sixth high power national television channel for the provision of national or community broadcasting services.
In accordance with subsection 34(1), the ABA determined that those parts of the spectrum were available for allocation for open narrowcasting services for community and educational non-profit purposes. In practice, the spectrum has been used in a number of cities and towns for open narrowcasting community television services on a trial basis.
The spectrum that had been reserved for a sixth television channel is now needed for planning the implementation of digital television broadcasting. However, it is proposed to continue to reserve capacity in those cities or towns where transmitter licences have been allocated for open narrowcasting services for community and educational purposes.
Paragraph (a) of the Notice of Reservation of Capacity for Community Broadcasting Television Services (No. 1 of 1999) (the new Notice) revokes the Notice dated 17 March 1994.
Paragraph (b) of the new Notice reserves capacity in the broadcasting services bands for one community broadcasting service that provides television programs in each of the relevant cities or towns.
The notice commences on notification in the Commonwealth Gazette in accordance with paragraph 48(1)(b) of the Acts Interpretation Act 1901.