Television Licence Area Plan (Darwin) 2012

Television Licence Area Plan (Darwin) 2012

made under subsection 26(1B) of the

Broadcasting Services Act 1992

Compilation No. 1

Compilation date:    30 September 2017

Includes amendments up to: F2017L01299

About this compilation

This compilation

This is a compilation of the Television Licence Area Plan (Darwin) 2012 that shows the text of the law as amended and in force on 30 September 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Plan

  This Plan is the Television Licence Area Plan (Darwin) 2012.

2 Commencement

  This Plan comes into force on 31 July 2013.

3 Definitions

  In this Plan:

ACMA means the Australian Communications and Media Authority.

Act means the Broadcasting Services Act 1992.

commercial television broadcasting licensee means the licensee of a commercial television broadcasting licence.

Darwin TV1 licence area means the area described in Attachment 1.

ERP means effective radiated power.

national television broadcasting service has the same meaning as in clause 2 of Schedule 4 to the Act.

television broadcasting service has the same meaning as in section 26 of the Act.

transmitter licence has the same meaning as in section 5 of the Radiocommunications Act 1992.

Note     Terms and expressions used in this Plan have the meaning given by section 6 of the Act. For example:

 commercial television broadcasting licence.

• national broadcaster.

4 Specification of channels to be available in particular areas within the Darwin TV1 licence area

(1)   Subject to subsection (2), each channel specified in column 1 of an item in a table in a Schedule to this Plan is available, in the area in column 7, to provide television broadcasting services.

(2)   If a date is specified in column 3 of an item in a table in a Schedule to this Plan, the channel specified in column 1 of the item is not available in the area in column 7 to provide television broadcasting services after that date.

Note 1 A channel may be specified to be available only for a limited period in order to allow a broadcaster to swap channels on which it transmits services.

Note 2 Although a channel is specified to be available for all parts of a licence area, a particular broadcaster may only be authorised to use that channel in one part of a licence area.

Example Channel 28 may be specified to be available for all parts of a licence area.  Channel 28 may be allotted to Broadcaster A and Broadcaster B.  The ACMA may issue a transmitter licence for the use of channel 28 to Broadcaster A in one part of the licence area (Part A), and issue a transmitter licence for the use of a different channel to the same broadcaster in another part of the licence area (Part B).  The ACMA may issue a transmitter licence for the use of channel 28 to Broadcaster B in Part B.  Broadcaster A will not be entitled to transmit on channel 28 in Part B, as the broadcaster will not have a transmitter licence authorising such a transmission.

5 Allotment of channels to commercial television broadcasting licensees – Schedule 1

  Allotment of channels to commercial television broadcasting licensees

(1)   Each channel specified in column 1 of an item in a table in Schedule 1 is allotted to the commercial television broadcasting licensee of the licence specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.

(2)   If no date is specified in column 2 for an item in a table in Schedule 1, the channel specified in column 1 of the item is allotted to the commercial television broadcasting licensee of the licence specified for the table from the day on which this Plan comes into force.

(3)   If no licensee is specified for a table in Schedule 1, the ACMA may allot the channel specified in column 1 of an item in the table to the commercial television broadcasting licensee of a commercial television broadcasting licence for the licence area specified for the table, for use in the area in column 7.

Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.

Determination of technical specifications of transmission of commercial television broadcasting services

(4)   A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with the following specifications:

(a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;

(b)   the transmission must have the polarisation specified in column 5;

(c)   the transmission must comply with any additional specification specified in column 6.

(5)   A transmission may have an ERP greater than that specified in column 4, if:

(a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in item 1 of the item; and

(b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and

(c)   either:

(i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or

(ii)  if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.

Note  Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter.  The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter.   

Determination of technical limitations and conditions on use of channel

(6)   A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel.

(7)   The ACMA may determine additional technical limitations on the use of the channel.

Note  Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection.

(8)   A channel specified in column 1 of an item in a table in Schedule 1 must only be used for transmission of commercial television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs.

(9)   The ACMA may determine additional events or circumstances which must occur before the channel may be used.

Note  Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection.

6 Allotment of channels to national broadcasters – Schedule 2

  Allotment of channels to national broadcasters

(1)   Each channel specified in column 1 of an item in a table in Schedule 2 is allotted to the national broadcaster specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.

(2)   If no date is specified in column 2 for an item in a table in Schedule 1, the channel specified in column 1 of the item is allotted to the national broadcaster specified for the table from the day on which this Plan comes into force.

(3)   If no national broadcaster is specified for a table in Schedule 2, the ACMA may allot the channel specified in column 1 of an item in the table to a national broadcaster for use in the area in column 7.

Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.

Determination of technical specifications of transmission of national television broadcasting services

(4)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with the following specifications:

(a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;

(b)   the transmission must have the polarisation specified in column 5;

(c)   the transmission must comply with any additional specification specified in column 6.

(5)   A transmission may have an ERP greater than that specified in column 4, if:

(a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in item 1 of the item; and

(b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and

(c)   either:

(i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or

(ii)  if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.

Note  Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter.  The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter.   

Determination of technical limitations and conditions on use of channel

(6)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel.

(7)   The ACMA may determine additional technical limitations on the use of the channel.

Note  Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection.

(8)   A channel specified in column 1 of an item in a table in Schedule 2 must only be used for transmission of national television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs.

(9)   The ACMA may determine additional events or circumstances which must occur before the channel may be used.

Note  Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection.

7 Allotment of channels to providers of other television broadcasting services – Schedule 3

  Allotment of channels to providers of other television broadcasting services

(1)   Each channel specified in column 1 of an item in a table in Schedule 3 is allotted to the person specified for the table for use in the area in column 7, from the date (if any) specified in column 2 until the date (if any) specified in column 3.

(2)   If no date is specified in column 2 for an item in a table in Schedule 1, the channel specified in column 1 of the item is allotted to the person specified for the table from the day on which this Plan comes into force.

(3)   If no person is specified for the table, the ACMA may allot a channel specified in column 1 of the table to any person for use in the area in column 7.

Note  If the ACMA has not allotted a channel specified in the table, the ACMA may make the channel available for use in an area by a commercial television broadcasting licensee, a national broadcaster or any other person by making a determination under section 34 of the Act and issuing a licence under section 100 of the Radiocommunications Act 1992.

Determination of technical specifications of transmission of television broadcasting services

(4)   A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services in accordance with the following specifications:

(a)   subject to subsection (5), the transmission must not have an ERP greater than that specified in column 4;

(b)   the transmission must have the polarisation specified in column 5;

(c)   the transmission must comply with any additional specification specified in column 6.

(5)   A transmission may have an ERP greater than that specified in column 4, if:

(a)   the ACMA issues a transmitter licence that authorises the use of the channel specified in item 1 of the item; and

(b)   a condition of that transmitter licence relates to the maximum ERP of the transmission made by that transmitter; and

(c)   either:

(i)     the condition complies with any applicable requirements in the Broadcasting Services (Technical Planning) Guidelines 2017; or

(ii)  if there are no applicable requirements – the condition does not allow the transmitter to be used to provide a transmission greater than 5 dB more than the ERP specified in column 4.

Note  Under the Radiocommunications Act 1992, the ACMA may also impose a transmitter licence condition specifying an output radiated pattern for the use of a transmitter.  The condition may set a limit for the ERP in a particular direction that is less than the maximum ERP specified in column 4 of an item that applies to the channel used by that transmitter.   

Determination of technical limitations and conditions on use of channel

(6)   A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services in accordance with a technical limitation (if any) specified for the table that is applicable to that channel.

(7)   The ACMA may determine additional technical limitations on the use of the channel.

Note  Even if no applicable technical limitation is specified for the table, the ACMA may still determine additional technical limitations on the use of a channel by making a determination under this subsection.

(8)   A channel specified in column 1 of an item in a table in Schedule 3 must only be used for transmission of television broadcasting services if an event or circumstance (if any) specified for the table that is applicable to that channel occurs.

(9)   The ACMA may determine additional events or circumstances which must occur before the channel may be used.

Note  Even if no applicable event or circumstance is specified for the table, the ACMA may still determine additional events or circumstances that must be met before the channel may be used by making a determination under this subsection.

Schedule 1 – Allotment of channels to commercial television broadcasting licensees

(sections 4 and 5)

1 Table 1.1 – Allotment of channels to licensee of BSL10172

 (1) The commercial television broadcasting licence for this table is the licence with the number BSL10172.

  Note This licence operates in the Darwin TV1 licence area, and uses the callsign NTD.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 5(2).  If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 5(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

2 Table 1.2 – Allotment of channels to licensee of BSL10173

 (1) The commercial television broadcasting licence for this table is the licence with the number BSL10173.

  Note This licence operates in the Darwin TV1 licence area, and uses the callsign TND.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 5(2).  If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 5(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

3 Table 1.3 – Allotment of channels to licensee of BSL1130013

 (1) The commercial television broadcasting licence for this table is the licence with the number BSL1130013.

  Note This licence operates in the Darwin TV1 licence area, and uses the callsign DTD.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 5(2).  If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 5(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

Schedule 2 – Allotment of channels to national broadcasters

(sections 4 and 6)

1 Table 2.1 – Allotment of channels to Australian Broadcasting Corporation

 (1) The national broadcaster for this table is the Australian Broadcasting Corporation.

  Note This broadcaster provides a service in the Darwin TV1 licence area.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 6(2). If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 6(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

2 Table 2.2 – Allotment of channels to Special Broadcasting Service Corporation

 (1) The national broadcaster for this table is the Special Broadcasting Service Corporation.

  Note This broadcaster provides a service in the Darwin TV1 licence area.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 6(2). If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 6(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

Schedule 3 – Allotment of channels to providers of other television broadcasting services

(sections 4 and 7)

1 Table 3.1 – Allotment of channels to providers of other television broadcasting services

 (1) No person is specified for this table.

  Note This table specifies channels available in the Darwin TV1 licence area.

 (2) No technical limitations are specified for this table.

 (3) No events or circumstances are specified for this table.

Note 1  If no date is specified in column 2 of an item, the allotment commences on the day on which this Plan comes into force.  See subsection 7(2). If no date is included in column 3 of an item, the allotment is continuing.

Note 2  Column 7 describes the area in which a channel is allotted for use in general terms.  The actual parameters of use of a channel will be determined by the conditions of the transmitter licence issued under the Radiocommunications Act 1992.

Note 3  Column 8 is included for information only.  “Transmitter specification number” refers to the identification number used by the ACMA for identifying particular transmitters.

Note 4  In some circumstances, a person may be permitted to transmit on a channel at an ERP higher than that determined in column 4.  See subsection 7(5).

Note 5  The one channel may be allotted to two or more different broadcasters, for use in different parts of the one licence area; the ACMA may issue a transmitter licence to one broadcaster authorising the use of the channel in one part of the licence area, and issue transmitter licences to other broadcasters authorising the use of the channel in different parts of the licence area.

Example The ACMA may issue a transmitter licence for the use of channel 8 to a broadcaster in the one part of the licence area (Part A), and issue a transmitter licence for the use of channel 8 to another broadcaster in a different part of the licence area (Part B).  Because of this, the first broadcaster can only use channel 8 in Part A of the licence area, and the second broadcaster can only use channel 8 in Part B of the licence area.

Attachment 1 – Darwin TV1 licence area

(section 3)

1 Use of census data terms

  In this Attachment:

  CD means the Collection District statistical unit.

  CGC means the Community Government Council statistical unit.

  LGA means the Local Government Area statistical unit.

  SLA means the Statistical Local Area statistical unit.

  SD means the Statistical Division statistical unit.

  statistical units means the Australian Standard Geographical Classification areas used by the Australian Bureau of Statistics at the census of 8 August 2006.

Note Information about the Australian Standard Geographical Classification is available from the Australian Bureau of Statistics website, at http://abs.gov.au.

2 Darwin TV1 licence area

  The Darwin TV1 licence area comprises the following statistical units:

Note The Darwin TV1 licence area includes the following “general areas served”: Batchelor, Darwin and Darwin City.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.frl.gov.au.

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Table of Instruments

Endnote 4 – Amendment history