Notice of variation to Digital Channel Plans

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to address the regulation of broadcasting services in Australia, including both television and radio. The Act provides the legislative framework for the establishment and operation of the Australian Communications and Media Authority (ACMA), which is responsible for regulating these services to ensure they comply with the standards and guidelines set out in the legislation. The policy objective of the Act is to promote diversity, independence, and quality in broadcasting services while protecting the public interest. The ACMA's variation of digital channel plans for regional Queensland and New South Wales under this Act aims to facilitate the transition to digital broadcasting in these areas, ensuring efficient use of the radio spectrum and providing better services to viewers and listeners.

Scope and Application

The Broadcasting Services Act 1992 applies to entities and persons involved in the broadcasting industry across Australia, including television and radio services, and encompasses both commercial and non-commercial broadcasters. The Act is administered by the Australian Communications and Media Authority (ACMA), which is responsible for regulating and licensing broadcasting services. The Act’s jurisdiction extends nationally, covering all states and territories within Australia. It sets out provisions related to the licensing of broadcasters, the allocation of broadcast services, and the standards and codes of practice that broadcasters must adhere to. The Act also provides for the establishment of digital channel plans, as evidenced by the ACMA's variations to the digital channel plans for regional Queensland and New South Wales, which are critical for the orderly transition to digital broadcasting in these areas. There are certain exclusions and exemptions within the Act, such as community and indigenous broadcasting services, which are subject to specific provisions that may differ from those governing commercial broadcasters. The Act can be further refined through subordinate instruments, such as codes and guidelines issued by the ACMA, which provide detailed operational standards and procedures for broadcasters.

Key Provisions

The Australian Communications and Media Authority (ACMA) has made variations to several digital channel plans under sections 13 of the Commercial Television Conversion Scheme 1999 and 14 of the National Television Conversion Scheme 1999 (sections referenced in parentheses). Effective 5 December 2012, the authority varied the National Digital Channel Plan for Queensland: Part 2 – Regional Queensland, and the Commercial Digital Channel Plans for Queensland: Part 2 – Regional Queensland. Similarly, on 10 December 2012, changes were made to the National Digital Channel Plan for Regional New South Wales: Part 4 – North Coast New South Wales, the Commercial Digital Channel Plan for Regional New South Wales: Part 4 – North Coast New South Wales, the National Digital Channel Plan for Regional New South Wales: Part 5 – Inland New South Wales, and the Commercial Digital Channel Plan for Regional New South Wales: Part 5 – Inland New South Wales, as well as the Commercial Digital Channel Plan for Queensland: Part 1 – Brisbane, Gold Coast and Sunshine Coast. These variations are intended to ensure that digital broadcasting services are managed efficiently and effectively in these regions. The variations to the digital channel plans impose specific obligations on broadcasting service providers and entities operating within the affected regions. Broadcasters must now comply with the updated channel plans, which likely involve changes to channel allocations, technical specifications, or other operational parameters. These obligations are critical for maintaining the integrity and quality of digital broadcasting services in regional areas of Queensland and New South Wales. Broadcasters are required to adapt their operations to align with the new digital channel plans as specified by the ACMA. Failure to comply with the varied digital channel plans can result in serious consequences. Under the Broadcasting Services Act 1992, breaches may lead to enforcement actions by the ACMA. The specific penalties for non-compliance are not detailed in the gazette, but they can include fines, orders for rectification, or other sanctions deemed appropriate by the ACMA. These measures are intended to ensure that broadcasters adhere to the regulatory requirements and maintain the standards expected for digital broadcasting services.