Variation to licence period for temporary community broadcasting licensee under paragraph 92J(1)(c) of the Broadcasting Services Act 1992

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of the Commonwealth of Australia to regulate broadcasting services and fill gaps in existing frameworks. The Act provides the legislative foundation for the Australian Communications and Media Authority (ACMA) to manage and oversee broadcasting services, including the allocation and regulation of broadcasting licences. The policy objective of this legislation is to ensure that broadcasting services in Australia are managed in a manner that is consistent with community interests, including the promotion of diversity in broadcasting content and the protection of the public interest. The ACMA, acting under the authority of the Broadcasting Services Act 1992, issued a notice to vary the licence period for a temporary community broadcasting licence held by Tweed Coast Community Radio Inc. The decision, communicated in the Gazette on 1 July 2019, altered the licence end date from 13 December 2019 to 2 July 2019. This action was taken in accordance with the provisions of the Act that empower the ACMA to modify licence periods for temporary community broadcasting licences. The notice also highlights the procedural requirements set forth in the Act, including the obligation for the ACMA to provide written notice of its intentions and an opportunity for the licensee to make representations.

Scope and Application

The Broadcasting Services Act 1992 applies to entities seeking to provide broadcasting services within Australia, particularly focusing on the allocation and regulation of temporary community broadcasting licences. The Act empowers the Australian Communications and Media Authority (ACMA) to issue such licences to companies formed in Australia or external Territories that represent a community interest. Specifically, the Act allows the ACMA to vary the licence period of a temporary community broadcasting licence under certain conditions, as illustrated in the case of Tweed Coast Community Radio Inc. The Act's jurisdiction is national, applying across all states and territories of Australia. However, the Act does not specify particular exclusions or thresholds for eligibility, instead emphasising the community interest aspect of the applicant. The ACMA's powers to vary or revoke conditions and licence periods are subject to procedural requirements, including providing written notice to the licensee and allowing a reasonable opportunity for the licensee to make representations. Additionally, any variations to licence conditions or periods must be published in the Gazette, ensuring transparency and public accountability.

Key Provisions

The Broadcasting Services Act 1992 (the Act) contains provisions that allow the Australian Communications and Media Authority (ACMA) to vary the licence period for temporary community broadcasting licensees. Under subsection 92J(6) of the Act, the ACMA is empowered to notify the public of any changes to the licence period or conditions of a temporary community broadcasting licence. The Act specifies that the ACMA must provide written notice to the licensee of its intention to vary the licence period, as well as an opportunity for the licensee to make representations. This was exemplified in the case of Tweed Coast Community Radio Inc, where the ACMA notified the licensee of its decision to vary the licence period for the service area MURWILLUMBAH RA2, effectively ending the licence on 2 July 2019, rather than the originally scheduled 13 December 2019. The obligations imposed by the Act on the ACMA and the licensees are quite specific. The ACMA must ensure that any variation to the licence period or conditions is communicated to the licensee in writing and allow the licensee a reasonable opportunity to respond to any proposed changes. Additionally, the ACMA must publish any variations or revocations of conditions, apart from timing conditions, in the Gazette. This ensures transparency and provides public notice of any significant changes in the broadcasting landscape. For the licensee, such as Tweed Coast Community Radio Inc, the obligation is to respond to the ACMA's notice and any opportunity for representation in a timely manner. Failure to adhere to these obligations can result in the ACMA taking further action, including additional variations or even revocation of the licence. The Act also delineates the potential consequences for non-compliance with its provisions. While the Act does not specify criminal penalties for breaches related to licence variations, it does outline the administrative and civil consequences that may follow. The ACMA has the authority to impose fines or take other regulatory actions against entities that do not comply with the Act’s requirements. In the case of a licensee failing to respond appropriately to a notice or making unauthorised broadcasts, the ACMA can issue penalties. The exact penalties can vary, but they are designed to ensure compliance and maintain the integrity of the broadcasting services. The Act provides the ACMA with the necessary tools to enforce its provisions effectively, thereby upholding the standards and regulations governing broadcasting in Australia.