Federal Register of Legislation - Australian Government

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Notices & Notifications as made
This Notice creates new licence conditions for open narrowcasting radio services.
Administered by: Communications and the Arts
Registered 24 Oct 2006
Gazetted 28 Aug 2002
Date of repeal 01 Apr 2017
Repealed by Sunsetting

The AUSTRALIAN BROADCASTING AUTHORITY makes this Notice under paragraph 120 (1) (b) of the Broadcasting Services Act 1992.

Dated  22 August                         2002

D Flint [Signed]      Chairperson

 

 


  

  

1              Name of Notice

                This Notice is the Broadcasting Services (Additional Conditions — Open Narrowcasting Radio Services) Notice 2002.

2              Commencement

                This Notice commences on 1 January 2003.

3              Definition

                In this Notice:

ABA means the Australian Broadcasting Authority.

Act means the Broadcasting Services Act 1992.

approved form means a form approved by the ABA for this Notice.

class licence means the class licence relating to open narrowcasting radio services determined by the ABA on 1 October 1992.

Note   Under section 18 of the Act, the open narrowcasting services to which the class licence applies are broadcasting services:

(a)   whose reception is limited:

          (i)   by being targeted to special interest groups; or

         (ii)   by being intended only for limited locations, for example, arenas or business premises; or

        (iii)   by being provided during a limited period or to cover a special event; or

       (iv)   because they provide programs of limited appeal; or

        (v)   for some other reason; and

(b)   that comply with any determinations or clarifications under section 19 of the Act in relation to open narrowcasting services.

HPON radio licence means a transmitter licence issued under section 100 of the Radiocommunications Act 1992 which authorises the operation of a transmitter:

                (a)    for the provision of an open narrowcasting radio service in a part of the broadcasting services bands that is, at the time the licence is issued, available for allocation under a determination under section 34 of the Act relating to open narrowcasting; and

               (b)    at a maximum power which exceeds:

                          (i)    if the transmitter is operated in a residential area — 1 watt; or

                         (ii)    if the transmitter is operated in a non-residential area — 10 watts.

Note   This definition is based on the definition of HPON radio licence in section 3 of the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001.

LPON radio licence means a transmitter licence issued under section 100 of the Radiocommunications Act 1992 which authorises the operation of a transmitter to provide an open narrowcasting radio service at a maximum power which does not exceed:

                (a)    if the transmitter is operated in a residential area — 1 watt;

               (b)    if the transmitter is operated in a non-residential area — 10 watts.

Note   This definition is based on the definition of low power open narrowcasting service in section 3 of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000.

networked service means an open narrowcasting radio service that:

                (a)    is provided under 2 or more HPON radio licences and LPON radio licences (in any combination); and

               (b)    provides substantially the same content in each area to which the transmitters relate; and

                (c)    provides the content in substantially the same form in each area to which the transmitters relate.

4              Additional conditions of class licence

                For paragraph 120 (1) (b) of the Act, the conditions set out in Schedule 1 are additional conditions of the class licence.


Schedule 1        Additional conditions

(section 4)

Do not delete : Schedule Part Placeholder

1              Application of Schedule 1

                This Schedule applies if a person:

                (a)    provides an open narrowcasting radio service using a transmitter authorised under an HPON radio licence; or

               (b)    provides an open narrowcasting radio service as a networked service.

2              Description of service

                The person must, not later than 30 days after the later of:

                (a)    the commencement of this Notice; and

               (b)    the day on which the open narrowcasting radio service is first provided;

give the ABA a statement in an approved form explaining how reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act.

Note   The approved form in relation to a networked service may allow a person to make a single statement that:

·      includes full information about reception of the networked service for the program originator; and

·      states that the information is the same for each of the other transmitters on which the service is broadcast.

3              Change to service

                If there is a significant change to a fact or circumstance by which reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act, the person must, not later than 30 days after the significant change, give the ABA a statement in an approved form:

                (a)    describing the change; and

               (b)    explaining how reception of the service is limited in a way described in paragraph 18 (1) (a) of the Act.

Note   The approved form in relation to a networked service may allow a person to make a single statement that:

·      includes full information about reception of the networked service for the program originator; and

·      states that the information is the same for each of the other transmitters on which the service is broadcast.