EXPLANATORY STATEMENT
Radiocommunications (Licensing and General) Regulations
(Amendment)
Statutory Rule No. 193 1989
Issued by the Authority of the Minister for Transport and Communications
Subsection 93(1) of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 24 of the Act provides that the Minister may grant to an applicant a licence to operate and to possess specified radiocommunications transmitters or radiocommunications transmitters included in a class of radiocommunications transmitters.
Subregulation 2(5) of the Radiocommunications (Licensing and General) Regulations (the Regulations) provides for the specification of different classes of licence in Schedule 1 of the Regulations.
The ABC and SBS have the capacity to deliver additional communications services within the bandwidth of their television or FM radio broadcasting services on a national basis. Those ancillary communication services (ACS) are dependent on the existence of the primary signal for their transmission but are independent services in terms of content, which can only be received by specifically designed receivers intended to receive the ancillary signal.
Late in 1987 the Minister for Land Transport and Infrastructure Support announced licensing procedures for ACS including guidelines for the provision of ACS through the national broadcasting services. These guidelines provide for non-broadcast ACS to be licensed under the Act.
The ABC now proposes to enter into agreements with other parties to deliver ACS’s via satellite to all ABC transmitters for retransmission, along with the ABC national broadcast service, from all of the ABC’s terrestrial transmitters. In effect the proposals seek to use the teletext capacity of the ABC’s national television broadcasting service to provide a text based information service. The services are not broadcasting services within the terms of the Broadcasting Act 1942 as the special decoders, unlike normal teletext decoders, will be available only to a limited number of subscribers rather than be publicly available.
As the Regulations previously stood, the proposed ACS’s would, in effect, comprise multipoint distribution transmitters and receivers (subregulation 2(1) and Items 66 and 67 of Schedule 1 of the Regulations refer). As such, the services would attract total license fees in excess of $2 million for each service. The Minister decided that this level of fee was excessive and that new classes of licences and fees be provided to accommodate the provision of ACS via radio and television broadcasting services.
Accordingly, the Radiocommunications (Licensing and General) Regulations have been amended to provide for two new classes of licences known as ‘Ancillary communications service network, Class A’, for ACS’s provided via radio broadcasting services, and ‘Ancillary communications service network, Class B’, for ACS’s provided via television broadcasting services.
Details of the amendments are as follows:
Principal Regulations
1. Provides that for the purposes of the amendments, ‘Principal Regulations’ means the Radiocommunications (Licensing and General) Regulations.
Interpretation
2. Amends regulation 2 of the Principal Regulations by inserting a new generic definition of ‘ancillary communications service network’, and by amending the definitions of ‘multipoint distribution station receiver’ and ‘narrowband area receiver’.
Paragraph (a) provides for a new defintion of ‘ancillary communications service network’ which means a network of stations used for the provision of an ACS via a radio or television broadcasting signal.
Paragraph (b) amends the definition of ‘multipoint distribution station receiver’ so as to exclude from this class of receiver any receivers which are used solely for the reception of a television ACS.
Paragraph (c) amends the definition of ‘narrowband area receiver’ so as to exclude form this class of receivers any receivers which are used solely for the reception of a radio ACS.
Schedule 1
3. Inserts into Schedule 1 of the Principal Regulations new items 10A and 10B to provide for new classes of licence for the provision of ACS via radio and television broadcasting networks.
Item 10A is ‘Ancillary communciations service network, Class A’ which means a network of radio
broadcasting stations used for the provision of an ACS.
Item 10B is ‘Ancillary communications service network Class B’ which means a network of television broadcasting stations used for the provision of an ACS.
Overview
The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rule No. 193 of 1989 was introduced to address the need for new licensing structures for ancillary communication services (ACS) delivered through national broadcasting services by the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS). Enacted under the authority of the Minister for Transport and Communications pursuant to the Radiocommunications Act 1983, the amendment responds to the evolving nature of communications services that are not traditional broadcasting services but still rely on the infrastructure of existing broadcasters. The policy objective of this amendment is to ensure that the licensing fees for these new services are appropriately set, avoiding excessive fees that could hinder the development and deployment of innovative communication services.
Scope and Application
The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rule No. 193 1989 amends the Radiocommunications (Licensing and General) Regulations to introduce new licensing classes for ancillary communication services (ACS) provided via radio and television broadcasting networks. These amendments are made under the authority of the Minister for Transport and Communications, pursuant to Section 93(1) of the Radiocommunications Act 1983. The new classes of licences, referred to as ‘Ancillary communications service network, Class A’ for radio broadcasting services and ‘Ancillary communications service network, Class B’ for television broadcasting services, are intended to accommodate the provision of ACS via these networks. This change responds to the Australian Broadcasting Corporation's (ABC) proposal to deliver ACS via satellite to all ABC transmitters for retransmission, using the teletext capacity of the ABC’s national television broadcasting service to provide a text-based information service. The new licensing classes aim to address the excessive licensing fees previously associated with such services, ensuring they are more aligned with the nature of the services provided. The amendments also include revised definitions of key terms such as ‘ancillary communications service network’, ‘multipoint distribution station receiver’, and ‘narrowband area receiver’ to accurately reflect the intended use of these services.
Key Provisions
The main operative sections of these Regulations pertain to the creation of new classes of licences for ancillary communications services (ACS) provided via radio and television broadcasting networks. Section 2 introduces new definitions for key terms such as "ancillary communications service network," which refers to a network of stations used for delivering an ACS through radio or television broadcasting signals. This amendment effectively broadens the scope of what is considered an ancillary communications service network to include these new types of services. Moreover, the Regulations refine the definitions of "multipoint distribution station receiver" and "narrowband area receiver," ensuring that these terms exclude receivers used solely for the reception of a television or radio ACS, respectively. The Schedule 1 amendments introduce new items 10A and 10B, which establish two new classes of licences: "Ancillary communications service network, Class A" for radio broadcasting services and "Ancillary communications service network, Class B" for television broadcasting services.
The Act imposes specific obligations on entities seeking to operate these new types of ACS. First, entities must obtain the appropriate licence under the new classes defined in the Regulations. This includes complying with the guidelines and procedures set out by the Minister for Land Transport and Infrastructure Support. Additionally, entities must ensure that their services are delivered within the bandwidth of their television or FM radio broadcasting services, as per the provisions of subregulation 2(5). They must also adhere to the limitations on receiver availability, ensuring that special decoders are only accessible to a limited number of subscribers. The Regulations mandate that these services must not be considered broadcasting services under the Broadcasting Act 1942, thereby maintaining the distinction between traditional broadcasting and ancillary communications services.
Failure to comply with the provisions of the Act and the Regulations can lead to significant consequences. Firstly, operating without the requisite licence constitutes a breach of the licensing requirements, potentially leading to administrative action against the entity. The Minister has the authority to impose penalties for non-compliance, which could include fines or other sanctions. Additionally, if an entity fails to adhere to the guidelines for the provision of ACS, they may face further enforcement actions. The maximum penalties for such breaches are not explicitly stated in the Regulations but can be severe, reflecting the importance of compliance with telecommunications regulations in Australia. These penalties serve as a deterrent against non-compliance and ensure that the services are delivered in a manner consistent with the legislative framework.