Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
The plan determines the number and characteristics, including the technical specifications, of the broadcasting services to be available in the Arnhem Land area of the Northern Territory using the Broadcasting Services Bands.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 13
Registered 24 Jan 2006
Tabling HistoryDate
Tabled HR07-Feb-2006
Tabled Senate07-Feb-2006

EXPLANATORY STATEMENT

Section 26 – Legislative Instruments Act 2003

Licence Area Plan

Arnhem Land Radio

January 2006


© Commonwealth of Australia January 2006

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Published by the Australian Communications and Media Authority
PO Box 34
Belconnen  ACT  2616

 


LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Determination of licence area plan for Arnhem Land radio made under the Broadcasting Services Act 1992

On 19 January 2006, the Australian Communications and Media Authority (ACMA) determined the Licence Area Plan for Arnhem Land Radio. The determination was made under section 26(1) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement as “the licence area plan”.

Preparation of a licence area plan

ACMA prepares licence area plans under section 26(1) of the BSA. Licence area plans determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.

Intended impact and effect

ACMA intends the effect of the licence area plan to be to make a community radio broadcasting service (the service) available in the Arnhem Land (and Darwin) area of the Northern Territory.

Consultation

On 20 February 2003, ACMA received an unsolicited request from a temporary community radio broadcaster, the Aboriginal Resource and Development Services Inc., to make AM channel capacity available for a permanent community broadcasting service in North East Arnhem Land and Darwin in the Northern Territory.

Before making its decision to determine the licence area plan, ACMA undertook the following steps by way of consultation:

On 1 November 2005, ACMA published the following papers on its website:

?        a draft licence area plan (in the same form as the licence area plan), and

?        an explanatory paper about the proposal.

ACMA invited public comment on the proposal by 25 November 2005.

ACMA placed advertisements in the Arafura Times and the Northern Territory News on 2 November 2005 and 5 November 2005, respectively. The advertisements outlined the effect of the draft licence area plan, provided details of how to obtain copies of the draft licence area plan (including how to access it on ACMA’s website) and invited public comment.

ACMA wrote to persons providing broadcasting services in the Darwin and Nhulunbuy licence areas to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.

ACMA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, and Commercial Radio Australia, as well as Air Services Australia, to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.

ACMA received six submissions on the draft licence area plan and explanatory paper.

Description of the provisions of the licence area plan

Clause (1) of the licence area plan determines that there will be a licence area plan for broadcasting services in the Arnhem Land and Darwin area of the Northern Territory.

Clause (2) of the licence area plan provides:

·        that there will be one community radio broadcasting service available in the area described at Attachment 1.1 to the licence area plan.  This attachment describes the Arnhem Land RA1 licence area in terms used by the Australian Bureau of Statistics at the last Census.

·        that the service will have the characteristics (including the technical specification) set out in Schedule One and attachments 1.2, 1.3, 1.4, 1.5 and 1.6 to the licence area plan.

Clause (3) of the licence area plan ensures that a reference in the determination to a schedule or an attachment will include a reference to a schedule or attachment that is later amended.

Schedule One sets out details of the community radio broadcasting service that is to be available in the Arnhem Land and Darwin area, including the technical specification numbers for the transmitters to be used by the service and the number of each attachment to the licence area plan containing the technical specification for those transmitters.

Attachment 1.1 defines the area in which the community radio service is to be available in terms used by the Australian Bureau of Statistics at the most recent Census.

Attachments 1.2, 1.3, 1.4, 1.5 and 1.6 contain the technical specifications for the transmitters for the service, including:

·        the nominal transmitter site;

·        the frequency on which the service may be transmitted;

·        other emission details; and

·        the output radiation pattern (including power limitations).