Radio Licence Fees (National Metropolitan Radio Plan) Act 1988

Overview

The Radio Licence Fees (National Metropolitan Radio Plan) Act 1988 was enacted by the Commonwealth Parliament to amend the Radio Licence Fees Act 1964. This Act was introduced to address the financial implications associated with the conversion of AM commercial radio licences to FM as part of the National Metropolitan Radio Plan. By inserting a new fee structure, the Act ensures that a fee is imposed upon the conversion of these licences, calculated based on the bid made by the licensee and the transmission facilities value. The policy objective is to establish a financial mechanism that supports the transition to FM broadcasting while ensuring that the costs associated with the conversion are appropriately managed. The Act, which received Royal Assent on 26 December 1988, commenced on the same day. It introduces a specific fee provision, section 6c, to be applied when the Minister converts an AM licence to FM under the Broadcasting Act. This fee is designed to offset the deposit paid by the licensee, thereby balancing the financial obligations during the transition process.

Scope and Application

The Radio Licence Fees (National Metropolitan Radio Plan) Act 1988 applies to entities engaged in the conversion of AM commercial radio licences to FM as part of the National Metropolitan Radio Plan. This Act specifically addresses the financial aspects of such conversions, including the imposition of a fee calculated based on the bid made by the licensee and the transmission facilities value. The Act amends the Radio Licence Fees Act 1964 to introduce this new fee structure and applies to all Commonwealth jurisdictions where the conversions are administered under the Broadcasting Act. The Act does not specify any exclusions or exemptions; however, it allows for the deposit paid by the licensee to be set off against the fee liability. The application and scope of this Act can be further defined or extended through subordinate instruments, such as regulations or guidelines, which may provide additional details on the calculation and payment of the conversion fees.

Key Provisions

The Radio Licence Fees (National Metropolitan Radio Plan) Act 1988 introduces a specific fee requirement for commercial radio licence holders converting from AM to FM services under the National Metropolitan Radio Plan. Section 6c (1) of the Act mandates that when a Minister converts an AM commercial radio licence to FM, as part of the National Metropolitan Radio Plan, a fee must be paid. The fee amount is calculated using a specified formula that incorporates the bid made by the licensee and the transmission facilities value. Importantly, any deposit previously paid by the licensee in relation to the conversion application can be offset against this fee (section 6c (2)). The Act imposes obligations on radio licence holders converting their services from AM to FM. Specifically, these licence holders must calculate and pay a fee based on the criteria set out in the Act. This includes the bid amount made by the licensee and the value of the transmission facilities. The obligation to pay the fee is triggered upon the conversion of the licence and the fee must be settled in accordance with the provided formula. Failure to comply with the fee requirements outlined in the Act may result in legal consequences. Although the Act does not explicitly state the penalties for non-compliance, it is reasonable to infer that breaches could be subject to enforcement actions under the broader framework of the Radio Licence Fees Act 1964. This may include fines or other civil remedies, although the exact penalties would depend on the specific circumstances and any additional legislative provisions governing such breaches.