Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005

Overview

The Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005 was enacted by the Minister for Communications, Information Technology and the Arts under the Broadcasting Services Act 1992. This notice was issued to address the need for reserving broadcasting capacity to support national radio broadcasting services provided by the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS). The Minister, through this notice, directs the Australian Communications and Media Authority (ACMA) to reserve capacity in the broadcasting services bands for these national broadcasters. This action ensures that there is sufficient bandwidth for both existing and future radio services, including the establishment of new services such as ABC NewsRadio and a second SBS Radio service in certain areas, as well as the conversion of existing services like ABC Local Radio to FM transmission. The notice revokes and replaces the previous Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1 of 2002), reflecting updated requirements and service provisions.

Scope and Application

The Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005 applies to the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS), which are mandated to provide national broadcasting services as per the Australian Broadcasting Corporation Act 1983, the Parliamentary Proceedings Broadcasting Act 1946, and the Special Broadcasting Service Act 1991 respectively. The Notice is made by the Minister for Communications, Information Technology and the Arts under the Broadcasting Services Act 1992, which governs the regulation of broadcasting services in Australia. The Notice instructs the Australian Communications and Media Authority (ACMA) to reserve capacity in the broadcasting services bands for these services, specifying the number of AM and FM frequencies required for various locations to deliver these services. The Notice also reserves capacity for future services, including the provision of a new national broadcaster radio service (ABC NewsRadio) in areas with a population of 10,000 people or more, a second SBS Radio service in Canberra and Wollongong, and the AM to FM conversion of ABC Local Radio in Launceston. The Notice revokes and replaces the previous Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1 of 2002). The Notice extends the application through subordinate instruments, which will be registered on the Federal Register of Legislative Instruments and will take effect the day after registration.

Key Provisions

The main sections of the Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005 (the Notice) are based on subsection 31(1) of the Broadcasting Services Act 1992 (the Act) (s.1). This subsection allows the Minister for Communications, Information Technology and the Arts to notify the Australian Communications and Media Authority (ACMA) in writing of capacity in the broadcasting services bands to be reserved for a specified number of national broadcasting services or community broadcasting services (s.1). The Notice instructs ACMA to reserve capacity in the broadcasting services bands for national radio broadcasting services provided by the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS) (s.2). The Notice also revokes and replaces the Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1 of 2002) (s.1). The Schedule to the Notice sets out the total number of AM and FM frequencies required in relation to specified cities, towns, suburbs or other areas or locations to deliver these services (s.4). The obligations and requirements the Act imposes on the parties or entities it governs include the Minister for Communications, Information Technology and the Arts notifying ACMA in writing of capacity in the broadcasting services bands to be reserved for a specified number of national broadcasting services or community broadcasting services (s.1). The Minister must also ensure that ACMA reserves capacity for the provision of all existing radio services provided by the ABC and SBS (s.3). ACMA must also reserve capacity for the future provision of new national broadcaster radio services, the future AM to FM conversion of a national broadcaster radio service, and the possible future provision of other national broadcaster radio services (s.3). The Minister must also ensure that the Notice is registered on the Federal Register of Legislative Instruments and takes effect the day after it is registered (s.5). The Notice does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the Broadcasting Services Act 1992 does provide for offences and penalties for breaches of the Act. For example, section 186 of the Act provides that a person who contravenes a provision of the Act is liable to a penalty of up to $11,100 for a corporation and up to $2,220 for an individual (s.186). Section 187 of the Act also provides that a person who contravenes a provision of the Act that is intended to protect consumers is liable to a penalty of up to $1,110,000 for a corporation and up to $222,000 for an individual (s.187).