Explanatory Statement
RADIOCOMMUNICATIONS (DATACASTING TRANSMITTER LICENCE LIMITS) DIRECTION NO. 1 OF 2007
Issued by the authority of the Minister for Communications,
Information Technology and the Arts
Purpose
The Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007 (the Direction) is made by the Minister for Communications, Information Technology and the Arts (the Minister) under subsection 106(9) of the Radiocommunications Act 1992 (the Act).
The purpose of the Direction is to revoke the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2001, and to direct the Australian Communications and Media Authority (ACMA) to revoke the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001.
Background
Section 106 of the Act provides, inter alia, that the ACMA may determine in writing a price‑based system for allocating and/or issuing certain transmitter licences. The system may apply generally, or to a particular area or range of frequencies.
When determining procedures to be applied in allocating licences the ACMA must, where directed to do so by the Minister:
- impose limits on the number of transmitter licenses that the ACMA may issue to any one person, or to a specified person; or
- impose limits on the number of transmitter licences that the ACMA may, in total, issue to the members of a specified group of persons.
On 10 January 2001, the then Minister issued the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2001. That direction required the then Australian Communications Authority (ACA), when determining an allocation system offering two datacasting transmitter licences in each datacasting service area, to determine procedures imposing a limit of one datacasting transmitter licence per specified group of persons in a datacasting service area. The Minister’s 2001 direction also required the ACA to incorporate particular procedures into the allocation system.
On 18 January 2001 the ACA issued the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001 under s. 106 of the Act. The ACA determination set out a licence allocation system and imposed competition limits consistent with the Minister’s direction.
The former Minister’s direction and the ACA determination were made in anticipation of a datacasting transmitter licence allocation that was scheduled to occur in 2001 but which did not ultimately proceed.
On 18 October 2006 Parliament passed the Government’s media reform legislation, including the Broadcasting Legislation Amendment (Digital Television) Act 2006. That Act amended the Act and the Broadcasting Services Act 1992 to provide for the allocation of two new types of datacasting transmitter licences (channel A and channel B).
The Government wishes to ensure that the licence allocation system and competition limits that were introduced for the proposed 2001 allocation do not apply to the allocation of new channel A and B transmitter licences. Accordingly, the Direction revokes the former Minister’s direction and instructs ACMA to revoke the ACA determination.
The Minister does not propose to impose competition limits in relation to the allocation of Channel A datacasting transmitter licences and Channel B transmitter licences in 2007.
Consultation
ACMA and the Australian Competition and Consumer Commission have been consulted on the making of this direction. Stakeholder views were sought on the issue of competition limits in the context of the consultations papers released by ACMA about the allocation of these licences.
Overview
The Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007 was issued under the Radiocommunications Act 1992 by the Minister for Communications, Information Technology and the Arts. Its purpose is to revoke the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2001 and direct the Australian Communications and Media Authority (ACMA) to revoke the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. This legislation was enacted to address the outdated limitations and allocations set forth in the 2001 Direction and Determination, which were developed in anticipation of a datacasting transmitter licence allocation that did not occur. The policy objective behind this Direction is to ensure that the competition limits and allocation systems established for the 2001 datacasting transmitter licence allocation do not apply to the new channel A and B transmitter licences introduced by the Broadcasting Legislation Amendment (Digital Television) Act 2006.
Scope and Application
The Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007 applies to the Australian Communications and Media Authority (ACMA) and revokes the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2001, requiring ACMA to also revoke the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. This Direction is made by the Minister for Communications, Information Technology and the Arts under subsection 106(9) of the Radiocommunications Act 1992 and pertains to the allocation and issuing of transmitter licences, specifically targeting competition limits previously set for datacasting transmitter licences. The Direction revokes the limits previously imposed on the number of transmitter licences that could be issued to a specified person or group of persons, as these restrictions are no longer applicable in the context of the new channel A and B transmitter licence allocations. This change is a result of amendments introduced by the Broadcasting Legislation Amendment (Digital Television) Act 2006. The Direction has a national reach, affecting all entities involved in the allocation and issuance of datacasting transmitter licences within Australia.
Key Provisions
The Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007, issued under the Radiocommunications Act 1992, serves to revoke the previous 2001 Direction and instructs the Australian Communications and Media Authority (ACMA) to revoke the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. The primary sections involved in this directive are sections 106(9) of the Act and the 2007 Direction itself, which aim to address the allocation and issuing of transmitter licenses, specifically in relation to datacasting services (section 106).
Under this Direction, ACMA is no longer required to impose limits on the number of transmitter licenses issued to any one person or specified groups of persons, as previously mandated by the 2001 Direction. This change aligns with the new legislative framework established by the Broadcasting Legislation Amendment (Digital Television) Act 2006, which introduced two new types of datacasting transmitter licenses (channel A and channel B). The Minister for Communications, Information Technology and the Arts has decided not to impose competition limits on these new licenses, thereby altering the licensing landscape for datacasting services.
Entities governed by this Direction, primarily ACMA, must ensure that the previous competition limits are not applied to the allocation of new datacasting transmitter licenses. This involves revising any existing allocation systems and ensuring that the new licensing framework, which does not include competition limits, is implemented. ACMA must also revoke the 2001 Determination in accordance with the Direction, which includes updating their policies and procedures to reflect the changes made by the 2007 Direction.
Failure to comply with the requirements of this Direction could result in legal repercussions. Although specific penalties are not detailed in the Direction, breaches of directions issued under the Radiocommunications Act 1992 can lead to enforcement actions by the Minister or ACMA. These actions could include administrative penalties, legal proceedings, or other corrective measures to ensure compliance with the legislative requirements. The exact consequences for non-compliance would be determined based on the specific circumstances and the discretion of the authorities involved.