Notice under section 35 of the Broadcasting Services Act 1992 (01/05/2014)

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to regulate broadcasting services and ensure that spectrum resources are efficiently utilised. This Act provides a legal framework for the allocation and use of radiofrequency spectrum, including the television and radio bands, to prevent interference and to enable the provision of diverse broadcasting services. The Australian Communications and Media Authority (ACMA) is tasked with making determinations about the alternative uses of broadcasting services bands to maintain orderly and effective use of the radiofrequency spectrum. The policy objective behind these determinations is to promote competition, innovation and the availability of a wide range of broadcasting services to the Australian public while ensuring that the spectrum is used in a manner that does not cause harmful interference to other services. The ACMA's determinations, as notified under section 35 of the Act, specify the periods during which parts of the spectrum will be made available for particular uses, as demonstrated by the determinations made between 1 July 2013 and 31 December 2013.

Scope and Application

The Broadcasting Services Act 1992 governs the regulation of broadcasting services in Australia and applies to various entities including broadcasters, licensees, and other persons involved in broadcasting activities. The Act encompasses the allocation of radiofrequency spectrum, which is managed by the Australian Communications and Media Authority (ACMA). The ACMA, acting under section 34(1) of the Act, determines parts of the radiofrequency spectrum to be made available for allocation for specified periods. This notice pertains to the determinations made by the ACMA from 1 July 2013 to 31 December 2013, which include decisions about alternative uses of broadcasting services bands. The geographic reach of this Act is national, as it applies throughout Australia, and it is administered at the Commonwealth level. The Act does not specify exclusions or exemptions explicitly in this notice but generally adheres to the broader provisions of the Act. The application of the Act may be further extended or restricted through subordinate instruments as determined by the ACMA.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 35 of the Broadcasting Services Act 1992 (the Act) to inform of determinations made between 1 July 2013 and 31 December 2013 regarding parts of the radiofrequency spectrum for allocation to broadcasting services (section 34(1)). These determinations outline which frequencies are available for broadcasting services during the specified period. The ACMA has decided on specific frequencies and time frames for their allocation, providing clarity and structure for broadcasters and other interested parties. Under these determinations, the ACMA has imposed certain obligations on the parties involved. Broadcasters and other entities using these frequencies must adhere to the specified allocation periods and ensure they are operating within the parameters set by the ACMA. This includes compliance with any conditions or restrictions attached to the allocation of these frequencies. Broadcasters are required to notify the ACMA of their use of the determined frequencies and provide any necessary documentation to support their compliance with the Act. Failure to comply with the provisions of the Act and the determinations made by the ACMA may result in legal consequences. The Act outlines specific offences that can be prosecuted under both civil and criminal law. For instance, section 287 of the Act provides for penalties for non-compliance, which can include fines up to certain maximum amounts. Civil penalties may be imposed for breaches, while criminal penalties, including imprisonment, may apply for more serious offences. The exact penalties depend on the nature and severity of the breach, as well as any aggravating or mitigating factors considered by the court. It is essential for broadcasters and other entities to understand and adhere to these requirements to avoid potential legal repercussions.