EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 13)
Radiocommunications Act 1992
Legislative Provisions
Section 106 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 allocating and/or issuing specified transmitter licences.
Purpose of Amendment
An amendment to the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 is made to specify the transmitter licences proposed to be offered by ACMA for allocation. The Determination has been drafted so that each time it is used for a new licence allocation round, the only change necessary is to amend it by adding the details of new apparatus licences to be offered including the locations and frequencies.
Background
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 governs the price-based allocation system under which open narrowcasting broadcasting transmitter licences will be allocated and issued and is made under section 106 of the Act.
Each time ACMA offers for sale transmitter licences to operate open narrowcasting radio services planned in Licence Area Plans, it must make an amendment to the Determination specifying the new licences to be allocated.
Discussion of Issues
ACMA has completed planning a Licence Area Plan (LAP) for the Canberra region of Australia in which a new open narrowcasting radio service has been identified as being available for allocation.
Providers of open narrowcasting services do not require an individual service licence under the Broadcasting Services Act 1992 (the BS Act), however they do need to obtain a transmitter licence, which is issued under the Act. Due to the level of interest in, and potential value of, transmitter licences for service providers, ACMA has decided that in the interests of equity that transmitter licences to be issued to provide open narrowcasting services available in LAPs, will be allocated and issued using a price-based allocation system, determined under s106 of the Act.
The Determination has been drafted so that each time it is to be used the only change necessary is to amend it by adding the details of the new location and frequencies to the existing Schedule to specify the transmitter licences to which the particular amendment will apply, and a new signature page for the amendment.
Consultation
The Office of Regulation Review (ORR) has previously advised the former ABA that a Regulation Impact Statement (RIS) was not required for the amendment to the Determination, as the major issues are decided in the relevant LAP prepared by ACMA, for which a RIS must be submitted, unless an exemption exists. Consultation to amend the Determination is unnecessary and inappropriate. The proposed amendment is minor and purely machinery flowing from a LAP.
At the time that ACMA prepares or varies a LAP, it is required under section 27 of the BS Act to consult widely with the public. It does this by way of public notice in relevant newspapers and by inviting written submissions on proposed changes. All submissions received are considered by ACMA before determining the final LAP or LAP variation.
Further, external consultation is not considered necessary, given ACMA will advertise for applications for the available licences in a national newspaper. A public auction will be conducted in instances where more than one application is received. All successful applicants will be noted in a media release and on ACMA’s website.
Other Documents Incorporated in this Instrument by Reference
Section 34 of the BS Act states, amongst other things, that if broadcasting services bands spectrum is available in a licence area but has not been made available for a commercial radio broadcasting licence, then ACMA may, by written instrument, determine that part of the radiofrequency spectrum concerned is available for allocation for a period specified by ACMA to (amongst others) providers of open narrowcasting services.
Attachments
Details of the Amendment Determination are at Appendix 1
APPENDIX 1
Notes about instrument
Section 1 Amendment
This section provides for the amendment of the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No.1 of 1996.
Section 2 Schedule (Available transmitter areas and ranges of frequencies)
This schedule provides for:
(a) the date of the decision made by ACMA under section 34 of the Broadcasting Services Act 1992; and
(b) the list of available transmitter areas and ranges of frequencies.
Commencement
The Amendment Determination commences the day after it is registered.
Overview
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 13) amends the existing Determination to specify new transmitter licences to be offered for allocation by the Australian Communications and Media Authority (ACMA). Enacted under section 106 of the Radiocommunications Act 1992, the purpose of the amendment is to address the allocation of new transmitter licences in the Canberra region, ensuring they are issued through a price-based system that promotes equity among service providers. The Amendment Determination is designed to streamline the process by requiring only the addition of new licence details and frequencies each time it is used for a new allocation round. This amendment follows extensive planning and consultation by ACMA, as required under the Broadcasting Services Act 1992, and does not necessitate further public consultation given its administrative nature.
Scope and Application
The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 13) amends the existing Determination to reflect the transmitter licences proposed to be offered by the Australian Communications and Media Authority (ACMA) for allocation. This amendment applies to the allocation and issuance of transmitter licences for open narrowcasting services, governed under section 106 of the Radiocommunications Act 1992. The Amendment Determination specifically pertains to the allocation of transmitter licences for new open narrowcasting radio services identified in the Licence Area Plan (LAP) for the Canberra region. Providers of open narrowcasting services, who do not require an individual service licence under the Broadcasting Services Act 1992, are required to obtain a transmitter licence, which is issued under the Radiocommunications Act. The amendment ensures that the allocation of these transmitter licences is conducted via a price-based allocation system, determined under section 106 of the Act, to maintain equity among applicants. The Amendment Determination allows for the addition of new transmitter locations and frequencies to the existing schedule, with the amendment primarily involving the insertion of these details and a new signature page. The amendment is made in accordance with the requirements of the Broadcasting Services Act 1992, which mandates public consultation when preparing or varying a LAP.
Key Provisions
Section 106 of the Radiocommunications Act 1992 provides the authority for the Australian Communications and Media Authority (ACMA) to establish a price-based allocation system for issuing specific transmitter licences. This section is key to understanding how the authority is operationalised and implemented in practice. The Act mandates that each time ACMA offers new transmitter licences for narrowcasting services, it must make an amendment to the existing Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996. This amendment specifies the new licences to be allocated, including details such as the locations and frequencies. The purpose of this amendment is to ensure that the allocation process remains efficient and transparent, particularly in light of the high interest and potential value of these licences.
The obligations imposed on ACMA and other entities by this Determination are significant. ACMA must ensure that the allocation process adheres strictly to the price-based system as outlined in section 106 of the Act. This means that any new transmitter licences offered must be subject to the same principles of fairness and transparency. Additionally, ACMA must conduct thorough planning and consultation processes, particularly when preparing or varying Licence Area Plans (LAPs). This includes publishing public notices and inviting submissions, which are then considered before finalising the LAP or LAP variation. Furthermore, ACMA is obligated to advertise for applications in national newspapers and conduct public auctions where necessary, ensuring that the process is open and accessible.
Failure to comply with the requirements set out in the Determination can result in significant legal consequences. While specific offences and penalties are not detailed in the Determination itself, breaches of the Radiocommunications Act 1992 or the Broadcasting Services Act 1992 could lead to civil or criminal penalties. For instance, non-compliance with the Act might result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by the courts, taking into account the nature and extent of the violation. Additionally, any entity that fails to adhere to the allocation process outlined in the Determination could face legal action, including injunctions or other remedies to enforce compliance.