Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
This Plan varies the licence area plan for television broadcasting services in Tasmania.
Administered by: DCITA
General Comments: The Australian Communications and Media Authority made this instrument by resolution at its meeting of 16 February 2006.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 8
Registered 21 Feb 2006
Tabling HistoryDate
Tabled HR27-Feb-2006
Tabled Senate27-Feb-2006
Date of repeal 09 Aug 2013
Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013

EXPLANATORY STATEMENT

Section 26 – Legislative Instruments Act 2003

Variation to the Licence Area Plan for Tasmania Television – No 1 of 2006


© Commonwealth of Australia 2006

This work is copyright. Apart from fair dealings for the purpose of private study, research, criticism or review, as permitted by the Copyright Act 1968, no part may be reproduced or transmitted, in any form or by any means or process, without the written permission of the publishers.

Published by the Australian Communications and Media Authority
1 Chan Street
Belconnen ACT 2616

 


Variation to the Licence Area Plan for Tasmania Television made under the Broadcasting Services Act 1992

On 16 February 2006, the Australian Communications and Media Authority (ACMA) made a variation to the Licence Area Plan for Tasmania Television. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement as “the instrument”.

The licence area plan and variations

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.

ACMA may vary licence area plans under section 26(2) of the BSA.

ACMA made the Licence Area Plan for Tasmania Television on 25 July 2002. It is referred to in this explanatory paper as “the licence area plan”. 

Intended impact and effect

The instrument varies the technical specifications with which the national and commercial television services in the Tasmania television licence area must comply by:

·        inserting the technical specification for an additional transmitter to be available for the national television broadcasting service operated by the Australian Broadcasting Corporation to serve the general area of Bicheno;

·        inserting the technical specifications for additional transmitters to be available for the national television broadcasting service operated by the Special Broadcasting Service to serve the general areas of Acton Road, Lileah, Queenstown/Zeehan and Smithton;

·        inserting the technical specifications for additional transmitters to be available for the commercial television broadcasting service operating as TVT to serve the general areas of Bicheno, Hobart NE Suburbs and New Norfolk;

·        inserting the technical specifications for additional transmitters to be available for the commercial television broadcasting service operating as TNT to serve the general areas of Maydena, Rokeby and Smithton;

·        delete the technical specifications for transmitters that are not needed and are not used by the national and commercial television broadcasting services made available in Tasmania in the licence area plan; and

·        vary the technical specifications for some of the transmitters used by the national and commercial television broadcasting services.

ACMA intends the effect of the variation to be to improve the quality of television services available in Tasmania and to manage the available spectrum in a way that facilitates the conversion of broadcasting of television services from analog mode to digital mode.

The instrument also updates the description of the licence area plan to include the area of Strathgordon and to use the terms used by the Australian Bureau of Statistics at the most recent Census.

The instrument also makes minor and technical variations to the licence area plan to:

?        correct previous drafting errors; and 

?        delete information, that was included for reference only, that does not form part of the licence area plan and which may be confusing.

ACMA intends the effect of those variations to be to clarify the rights and obligations of television broadcasting licensees in Tasmania.  ACMA does not intend the variations to alter those rights and obligations

Consultation

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

On 18 October 2005, ACMA published the following papers on its website:

?        a proposed variation to the licence area plan in similar form to that of the instrument, and

?        an explanatory paper about the changes proposed and inviting public comment by 11 November 2005.

On 15 October 2005, ACMA placed an advertisement in the Hobart Mercury and Launceston Examiner newspapers outlining the effect of the draft variation on the licence area plan, providing details of how to obtain copies of the draft variation and how to access it on ACMA’s website, and inviting public comment.

ACMA wrote to persons providing broadcasting services available in Tasmania to advise them of the release of the draft variation and explanatory paper and to invite their comments.

ACMA wrote to industry bodies and other interested agencies and organisations, including the Community Broadcasting Association of Australia, Free TV Australia, the Australian Subscription Television and Radio Association and Commercial Radio Australia, as well as Broadcast Australia, Digital Broadcasting Australia, and Air Services Australia, to advise them of the release of the draft variation and explanatory paper and to invite their comments.

ACMA received no comments on the draft variation and explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument varies the text of the determination in the licence area plan to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b) of the instrument varies the text in paragraph (2) of the determination to:

·        refer to the attachments that contains the additional technical specifications for the national and commercial television broadcasting services that are available in Tasmania; and

·        vary the text in paragraph (2) of the determination to remove references to those attachments that contained the technical specifications that are no longer needed for national and commercial services available in Tasmania.

Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause that will ensure that references to schedules and attachments includes references to schedules and attachments that have been amended from time to time by ACMA.

Clause (2) of the instrument deletes information under the heading “SCHEDULES” and following the determination in the licence area plan.  The paragraphs contained information, included for reference, that does not form part of the licence area plan and which may be confusing.

Clause (3) of the instrument omits Schedule One from the licence area plan and substitutes the updated schedule contained in item 2 of page 8 of the instrument.  The schedule sets out details of the national and commercial television broadcasting services that are to be available on particular channels in Tasmania.  In particular, the schedule provides the technical specification numbers for the transmitters to be used by the services and specifies the attachments which contain the technical specifications for each of those transmitters.

The updated schedule:

·        contains the updated technical specification numbers for additional transmitters to be available for some of the national and commercial services to serve Acton Road, Lileah, Queenstown/Zeehan, Smithton, Maydena, Rokeby, Hobart NE Suburbs and New Norfolk;

·        removes reference to technical specification numbers for some national and commercial services at NE Tasmania, Burnie, Launceston and Wynyard: and

·        does not include a status column.  The status column contained information, included for reference only, that does not form part of the licence area plan and which may be confusing. 

Clause (4) of the instrument varies attachments to the licence area plan.  Attachment 1.1 describes the area in which the  television broadcasting services will be available (the licence area) using terms used by the Australian Bureau of Statistics in the Census.  All other attachments contain technical specifications for transmitters to be used by those television broadcasting services.  The technical specifications include the nominal location of the transmitter, the frequency on which the service may be transmitted, the radiation output pattern, power limitations and other emission details.

Amongst other things, clause 4(a) of the instrument omits Attachment 1.1 of the principal instrument and substitutes Attachment 1.1 of the instrument.  Attachment 1.1 of the instrument includes the area of Strathgordon and describes the licence area in terms used by the Australian Bureau of Statistics in the most recent Census.

Clauses 4(a)–(g), (i)-(s), (u) – (v), (x)-(z), (ab)-(ad) and (af) of the instrument omit various attachments to the principal instrument and substitute the attachments to the instrument with the same number.  Those attachments to the instrument contain varied technical specifications designed to achieve the intended impact and effect referred to above.

Clauses 4(h), (t), (w), (aa) and (ae) of the instrument omit various attachments to the licence area plan. The attachments contain technical specifications for transmitters that are no longer required or operated by the relevant broadcasters.

Clause 4(ag) inserts attachments to the instrument from Attachment 1.135 to Attachment 1.143 to the instrument into the licence area plan after Attachment 1.134.  Those attachments contain technical specifications for additional transmitters for

·        the commercial television broadcasting services to serve the areas of Smithton, Rockeby, Hobart NE Suburbs or Maydena; or

·        the national broadcasting television services to serve the areas of Acton Road, Lileah; Queenstown/Zeehan and Smithton.