EXPLANATORY STATEMENT
Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence - Allocation) Amendment Determination 2006 (No. 1)
Issued by the Authority of the Australian Communications and Media Authority
Legislative Provisions
Subsection 106(1) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to determine in writing a price-based allocation system for the issuing of specified transmitter licences.
A determination made under paragraph 106(1) of the Act is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Background
Low Power Open Narrowcasting (LPON) transmitter licences allow the provision of niche radio broadcasting services, such as tourist and racing information, or ethnic and religious programming. They operate at very low power outputs (typically 1 watt in residential areas and 10 watts in rural areas) and their range is much more limited than other broadcasting services.
Open narrowcasting services in general are subject to relatively low levels of regulatory control. It is not necessary to obtain a broadcasting service licence before providing an open narrowcasting service as LPON services are authorised under the class licence provisions of the Broadcasting Services Act 1992 (BSA). This reflects the regulatory policy in section 12 of the BSA, which provides that different levels of regulatory control should be applied across the range of broadcasting services according to the degree of influence that different types of broadcasting services are able to exert.
The then Minister for Communications, Information Technology and the Arts, Senator Richard Alston, directed the former Australian Communications Authority (ACA) to impose a ‘use it or lose it’ condition on LPON licences. The direction came into effect on 1 March 2001. The Minister’s Direction is a result of a process he initiated in 1999, when he asked the Australian Broadcasting Authority (ABA) to examine alleged LPON licence hoarding. The former ACA concluded that a hoarding problem existed and recommended that the imposition of a ‘use it or lose it’ condition on LPON licences be implemented.
The Minister also directed that from 1 March 2001, the former ACA should allocate all new, cancelled or non-renewed LPON licences that operate in the 87.5 to 88.0 MHz sub-band by a price-based allocation process instead of the previous over-the-counter arrangements.
The former ACA approved the set of auction rules – the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence-Allocation) Determination 2001 on 17 August 2001. Due to the merger of the ACA and the ABA to form ACMA in July 2005 it became necessary to amend the Deed of Acknowledgment which was attached to the 2001 determination. It was convenient, at the same time, to update references to the ACA within the Determination and to amend the bank account details provided in the Determination.
Purpose and Operation
The purpose of the present amendment to the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence-Allocation) Determination 2001 is to update the bank account name to “ACMA Official Administered Receipts Account”, change references to the ACA to refer to ACMA, to make explicit that ACMA collects money on behalf of the Commonwealth, to allow for confirmation in writing (rather than by mail or facsimile) and to remove a reference to telephone bidders in a section dealing only with bidders who appear in person. In addition, the Deed of Acknowledgment which applicants must submit with applications has been removed from the Determination to allow administrative updates to be made more easily.
Impact and Effect
As the amendments are minor, there will be negligible impact on existing and prospective LPON licensees. Amendments which remove ambiguity make the instrument more accessible.
Consultation
After consideration of section 17 of the Legislative Instruments Act 2003, consultation was not undertaken as the change to the Determination is minor and machinery in nature and does not alter existing arrangements (section 18 of the Legislative Instruments Act 2003).
The Office of Regulation Review did not require a Regulation Impact Statement (RIS). The RIS identification number for this issue is ORR 8824.
Detailed description of the Determination
Details of the Determination are set out in the notes in Attachment 1.
ATTACHMENT 1
Notes on the instrument
Section 1 – Name of Determination
Section 1 names the Determination as the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence-Allocation) Amendment Determination 2006 (No.1).
Section 2 - Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 – Amendment of the Radio communications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence – Allocation) Determination 2001
Section 3 provides that the Determination is amended through Schedule 1.
Schedule 1 – Amendments
Items [2, 16]
Item 16 removes the Deed of Acknowledgment from the Determination, while item 2 removes a reference to it in the body of the Determination.
Items [3, 4, 5, 6, 11, 14, 15]
The above items substitute all references to ACA and/or Australian Communications Authority with the appropriate ACMA and/or Australian Communications and Media Authority reference, and clarify that ACMA acts on behalf of the Commonwealth.
Items [1, 7, 17, 18, 19]
The above items substitute all references to ACA and/or Australian Communications Authority with the appropriate ACMA and/or Australian Communications and Media Authority reference.
Items [8, 9, 10]
Item 9 changes the name of the account into which payments may be made. Items 8 and 10 make reference to that bank account. The BSB and number of the bank account have not changed.
Item [12]
Item 12 allows ACMA to send confirmation of receipt of applications in writing, rather than by mail or facsimile. In effect, this allows electronic notification.
Items [13]
Item 13 removes reference to telephone bidders in a section that deals only with bidders who appear in person.