NOTICE UNDER SECTION 35 OF THE BROADCASTING SERVICES ACT 1992
Under subsection 26(2) of the Broadcasting Services Act 1992, on 20 December 2013, the Australian Communications and Media Authority varied the licence area plan for Sydney Radio that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Sydney region with the use of the broadcasting services bands.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 16 January 2014, the Australian Communications and Media Authority varied the licence area plan for Gosford Radio that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Gosford region with the use of the broadcasting services bands.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 16 January 2014, the Australian Communications and Media Authority varied the licence area plan for Lismore Radio that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Lismore region with the use of the broadcasting services bands.
Under subsection 26(2) of the Broadcasting Services Act 1992, on 20 January 2014, the Australian Communications and Media Authority varied the licence area plan for Darwin Radio that determines the number and characteristics, including technical specifications, of radio broadcasting services that are to be available in the Darwin region with the use of the broadcasting services bands.
Under subsection 25(2) of the Broadcasting Services Act 1992, on 16 January 2014, the Australian Communications and Media Authority varied the frequency allotment plan for the VHF-FM Band determined on the 10 August 1994 in so far as they relate to the R8 – Sydney and Central NSW Coast and R5 – Brisbane, Sunshine Coast, Gold Coast, Richmond/Tweed and Gympie.
Under subsection 29(1) of the Broadcasting Services Act 1992, on 20 January 2014, the Australian Communications and Media Authority designated for Darwin Radio the licence area for the broadcasting service whose identifying service licence number is SL 1130002.
Under subsection 29(2) of the Broadcasting Services Act 1992, on 20 January 2014, the Australian Communications and Media Authority varied the designation of the licence areas made on 17 October 1995 and varied on 4 July 2012 to update the licence areas for Darwin RA1 and Katherine RA1 and extend the Darwin RA2 and RA3 licence areas based on the changes to the operating conditions of the commercial radio broadcasting services for those two licence areas.
Copies of the varied plan can be obtained free from the Australian Communications and Media Authority as follows:
Email: LAPRequests@acma.gov.au
Mail: Variation to Sydney LAP – No 1 of 2013 or
Variation to Gosford LAP – No 1 of 2014 or
Variation to Lismore LAP – No 1 of 2014 or
Variation to Darwin LAP – No 1 of 2014
BCPS/DTD
Australian Communications and Media Authority
PO Box 78
BELCONNEN ACT 2616
Telephone: 1800 226 667
Overview
The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to establish a framework for the regulation of broadcasting services in Australia. This legislation was designed to address the need for an updated regulatory environment that could accommodate technological advancements and changing media consumption patterns. The Act aims to ensure that broadcasting services in Australia are managed in a manner that promotes diversity, supports local content, and adheres to standards that protect consumers and the public interest. The Australian Communications and Media Authority (ACMA) plays a crucial role in implementing this Act by managing the allocation of broadcasting services and enforcing compliance with the regulatory framework established by the Act. The ACMA's actions, such as varying licence area plans and frequency allotment plans, are intended to optimise the use of broadcasting services bands and to adapt to the evolving needs of broadcasters and audiences.
Scope and Application
The Broadcasting Services Act 1992 applies to all broadcasters operating within Australia, including radio and television services, and is administered by the Australian Communications and Media Authority (ACMA). This Act sets out the regulatory framework governing the licensing, technical specifications, and operational standards of broadcasting services across various regions in Australia. The Act also empowers the ACMA to make variations to licence area plans and frequency allotment plans to ensure efficient use of the broadcasting services bands. These variations, as noted in the Gazette, affect specific regions such as Sydney, Gosford, Lismore, and Darwin, dictating the number and characteristics of radio services available, including technical specifications. The ACMA’s amendments to these plans are designed to reflect changes in broadcasting needs and conditions. The Act does not specify exclusions or exemptions, but the scope of its application can be extended or restricted through subordinate instruments, such as the varied plans mentioned.
Key Provisions
The Broadcasting Services Act 1992, as amended, includes provisions that allow the Australian Communications and Media Authority (ACMA) to modify licence area plans and frequency allotment plans for radio broadcasters. Specifically, under section 26(2) of the Act, ACMA can adjust the licence area plans for radio services in Sydney, Gosford, Lismore, and Darwin, determining the number and technical specifications of the radio services available in these regions (ss 26(2)). The amended plans specify the technical characteristics and number of services permitted in these areas.
Entities governed by the Act, such as Sydney Radio, Gosford Radio, Lismore Radio, and Darwin Radio, must comply with the updated plans provided by ACMA. These entities are responsible for ensuring that their broadcasting services adhere to the new specifications, including technical parameters, to maintain their licence to operate. They must also update their broadcasting infrastructure and operations to align with the requirements set out in the revised plans.
Failure to comply with the provisions of the Act or the modified plans can result in significant consequences. Under section 35, there are potential civil and criminal penalties for non-compliance. While the exact penalties are not specified in the notice, the Act generally allows for fines and other enforcement actions. Broadcasters found in breach of the Act may face financial penalties, and in severe cases, their licences could be revoked, effectively shutting down their operations.