NOTICE UNDER SECTION 35 OF THE BROADCASTING SERVICES ACT 1992
Under subsection 25(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority varied the frequency allotment plan of the VHF-FM band determined on 10 August 1994 in so far as they relate to the R1 – Remote Area and R10 – Murrumbidgee/Riverina entries.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 11 March 2013, the Australian Communications and Media Authority varied the Licence Area Plan – Broken Hill (Television and Radio) – February 1996 that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Broken Hill area of New South Wales with the use of the broadcasting services bands.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 11 March 2013, the Australian Communications and Media Authority varied the Licence Area Plan – Ipswich Radio – December 2000 that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Ipswich area of Queensland with the use of the broadcasting services bands.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 11 March 2013, the Australian Communications and Media Authority varied Licence Area Plan – Wagga Wagga Radio – December 2001 that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Wagga Wagga area of New South Wales with the use of the broadcasting services bands.
Copies of the varied plans can be obtained free from the Australian Communications and Media Authority as follows:
Email: rps@acma.gov.au
Mail: Manager, Radio Planning
Australian Communications and Media Authority
PO Box 78
BELCONNEN ACT 2616
Telephone: 1800 226 667
Overview
The Broadcasting Services Act 1992 was enacted to provide a regulatory framework for broadcasting services in Australia, addressing issues related to the licensing and technical aspects of radio and television broadcasting. This Act enables the Australian Communications and Media Authority (ACMA) to manage and allocate frequency bands, ensuring efficient use of the radio spectrum and mitigating interference between services. On 11 March 2013, the ACMA exercised its powers under the Act to vary several Licence Area Plans for specific regions, including Broken Hill, Ipswich, and Wagga Wagga, to update the number and technical specifications of available radio broadcasting services. The policy objective of these variations is to adapt to changing broadcasting needs and technological advancements, ensuring that the broadcasting services remain effective and relevant to the communities they serve.
Scope and Application
The Broadcasting Services Act 1992 applies to entities and persons involved in broadcasting services within Australia, including radio and television broadcasters, as well as the Australian Communications and Media Authority (ACMA) which has the regulatory role of overseeing these services. The Act’s reach is nationwide, impacting various geographic areas such as Broken Hill, Ipswich, and Wagga Wagga, where specific Licence Area Plans have been determined. The Act provides the ACMA with the authority to vary these plans to adapt to changing broadcasting needs and technical specifications. The geographic and jurisdictional scope of the Act is not limited to a particular state or territory but covers the entire Commonwealth of Australia. Exclusions and exemptions within the Act are determined by specific provisions and conditions set out in the legislation, which may be further detailed or modified through subordinate instruments issued by the ACMA. The variations to the frequency allotment plan and Licence Area Plans mentioned in the gazetted notice are specific examples of how the Act is applied to refine and manage broadcasting services across different regions.
Key Provisions
The Broadcasting Services Act 1992 (the "Act") has been amended through a notice issued under section 35, with changes taking effect on 11 March 2013. These changes involve modifications to the frequency allotment plans and Licence Area Plans for certain broadcasting services. Specifically, the VHF-FM band plan was altered to affect the R1 – Remote Area and R10 – Murrumbidgee/Riverina entries (subsection 25(2)). Additionally, Licence Area Plans for Broken Hill (Television and Radio), Ipswich Radio, and Wagga Wagga Radio were updated to determine the number and technical specifications of radio broadcasting services in these areas (subsection 26(2)). These changes were implemented by the Australian Communications and Media Authority (ACMA).
The Act imposes obligations on the ACMA to ensure that broadcasting services are managed efficiently and effectively within the specified areas. The ACMA must update and maintain the frequency allotment plans and Licence Area Plans to reflect changes in broadcasting needs, technical advancements, and service demands. These updated plans are designed to facilitate the provision of radio broadcasting services that meet the requirements of local communities in the specified regions.
Failure to comply with the provisions of the Broadcasting Services Act 1992 can result in various consequences. Offences under the Act can lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach. For example, contravening certain sections of the Act may result in fines or imprisonment. The maximum penalties can vary significantly, with more severe breaches potentially incurring higher fines or longer prison sentences. It is crucial for broadcasters and other relevant parties to adhere to the Act's requirements to avoid these legal repercussions.