Remaking the Broadcasting LCD | ACMA

Remaking the Broadcasting LCD

Issue for comment 18/2015—24 July 2015

The ACMA is consulting on a proposal to remake the:

  • Remaking the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998.

The Broadcasting LCD will sunset on 1 October 2015 unless it is revoked and remade before this date. The ACMA proposes to remake the instrument without any significant change before 1 October 2015 so that its ongoing effect is preserved.

The ACMA intends to make only minor changes to the instrument, including to:

  • Ensure the new instrument:
    • is clear, coherent and up-to-date
    • uses plain language and is simplified where possible
  • creates certainty in the licence conditions that apply and ensures those conditions are enforceable.
  • Remove redundant references to analog television transmission, and replace them with equivalent references to digital television transmission, which is now the mode for transmission of terrestrial TV in Australia.
  • Amend section 2.2 to remove the requirement for licensees to publish a notice, not later than seven days before commencement about a new broadcasting service, in a newspaper circulating in the licence area. The amendment will provide greater latitude for licensees to select an appropriate method of advertising the commencement of new broadcasting services.

A marked-up version of the proposed new instrument is available:

consultation paper provides background on the purpose of the instrument and the proposed amendments.

Making a submission
Submissions are invited by COB, Friday 21 August 2015.

Submissions should be directed:

By email: BCP@acma.gov.au

By mail:  Manager
              Broadcasting Carriage Policy Section
              Australian Communications and Media Authority
              PO Box Q500, Queen Victoria Building 
              NSW 123078

Each submission should specify:

  • the name of the individual or organisation making the submission
  • their contact details (such as a telephone number, postal address or email address).

A submitter may claim confidentiality over their name or contact details (see Publication of submissions below) or may make a submission anonymously or through use of a pseudonym (see Privacy below).

Effective consultation
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide: Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.

Publication of submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

Privacy
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:

  • contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
  • enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or through use of a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

Last updated: 24 July 2015