EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications (Foundation Category 2 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008
Radiocommunications Act 1992
Purpose
The Radiocommunications (Foundation Category 2 Digital Radio Multiplex Transmitter Licence - Application Fee) Determination 2008 (the Determination) sets the fee amount that is payable to ACMA by applicants who apply for foundation category 2 digital radio multiplex transmitter licences. This fee is $383 per application.
Legislative Provisions
Section 102D of the Radiocommunications Act 1992 (the Act) sets out the requirements to be met before a foundation category 2 digital radio multiplex transmitter licence can be issued. Paragraph 102D(2)(b) provides that ACMA must not issue a foundation category 2 digital radio multiplex transmitter licence unless the application is accompanied by a fee to be determined by ACMA by legislative instrument.
The Act at subsection 102D (9) requires that the fee for a foundation category 2 digital radio multiplex transmitter licence must not amount to taxation.
Background
On 10 May 2007, the Parliament passed the Broadcasting Legislation Amendment (Digital Radio) Act 2007 that, amongst other things, gives effect to the Government’s digital radio policy announced in October 2005 and facilitates the introduction of digital radio services by amending the Act and the Broadcasting Services Act 1992. Digital radio services will initially be introduced by 1 January 2009 in the six state capital cities, by commercial radio broadcasters, national broadcasters and wide-coverage community radio broadcasters. Introduction of digital radio to other areas will be considered later.
Operation
The Determination sets the amount of fee that is to accompany an application to ACMA for a foundation category 2 digital radio multiplex transmitter licence. This fee is $383.00 per application.
It is estimated that for ACMA to consider and process an application for a foundation category 2 digital radio multiplex transmitter licence would amount to two hours and twenty minutes work per application. Multiplied by the current ACMA cost recovery rate of $164 an hour set by the Radiocommunications (Charges) Determination 2007, this comes to $382.67 per application which is rounded up to $383.00.
Consultation
On 26 November 2007, ACMA wrote to all national, commercial and community radio broadcasting licensees which operate in the designated BSA radio areas which are to commence digital radio services by January 2009, inviting those persons to make submissions on the instruments. The draft determination was also published on the ACMA internet site on 28 November, inviting comments on the instrument.
ACMA ceased accepting comments on the draft determination on 5 December 2007, having received one submission from Commercial Radio Australia on the proposed arrangements. ACMA considered this submission when making these instruments.
Regulation Impact
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Determination has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS exemption reference number is ACMA 029
Advice from the Department of Finance and Deregulation indicates that due to the relatively minor cost incurred by ACMA in considering and processing the applications for the foundation category 2 digital radio multiplex transmitter licences, no Cost Recovery Impact Statement (CRIS) is required to be completed. In determining the fee ACMA cost recovery guidelines were followed.
Attachments
Details of the Determination are in Attachment 1.
ATTACHMENT 1
Notes on sections
Section 1 Name of Determination
This section provides for the name of the Determination.
Section 2 Commencement
This section provides for the Determination to commence on the day after it is registered.
Section 3 Definition
This section provides a definition for Act, being the Radiocommunications Act 1992.
Section 4 Amount of application fee
This section determines that the amount of the application fee is $383.