Remaking the Temporary Community Broadcasting Licence Conditions Determination 2003 | ACMA

Remaking the Temporary Community Broadcasting Licence Conditions Determination 2003

Issue for comment 1/2015 – 7 January 2015

The ACMA is consulting on a proposal to remake the Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2003 (The TCBL Licence Determination).

The TCBL Licence Determination applies conditions on the licences that authorise transmitters used in the provision of temporary community broadcasting services.

The TCBL Licence determination is due to ‘sunset’ unless it is revoked and remade before 1 April 2015. The ACMA proposes to remake this instrument in a new instrument before 1 April 2015, with minor changes, ensuring that its ongoing effect is preserved.

A draft of the proposed new instrument is available here:

Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) 2015 

Details of changes proposed to the remade instrument

The ACMA is proposing to remake the TCBL Licence Determination with the following amendments:

  • Update references and correct minor errors, for instance – replace references to the ACA and ABA with ACMA;
  • Simplify the instrument by incorporating the Electromagnetic energy (EME) human exposure regulatory requirements by reference to Parts 3 and 4 the  Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003  (the Apparatus LCD). The effect will be that sections 3 and 4 of the Apparatus LCD are read as part of the instrument.
  • Remove the following provisions that are no longer deemed necessary:
    • the note to subsection sections 5(1);
    • subsection 5(2); and
    • section 8.
  • Clarify the wording of subsection 7(2). This provision’s purpose is to ensure that a broadcasting station authorised by a TCBL does not cause interference to another station operating on a frequency outside of the broadcasting services bands;

Background

Under Part 6A of the Broadcasting Services Act 1992 (the BSA), a person may apply to the ACMA for a TCBL. These licences give aspirant broadcasters the opportunity to develop broadcasting skills, prior to any merit-based allocation of planned long-term community broadcasting licences. TCBLs are issued for a period not exceeding 12 months. The TCBL authorises the provision of broadcast content, while a TCBL transmitter licence issued under section 101A of the Radiocommunications Act 1992 (RA) authorises the transmission of that content.

TCBL Licence Conditions

The Authority  made the  TCBL Licence Determination in 2003 under paragraph 108A(1)(e) of the RA to apply to all apparatus licences issued under section 101A of the RA – that is transmitter licences associated with the operation of temporary community broadcasting services.

The TCBL Licence Determination:

  • addresses the public health issues and community concerns associated with the possible health effects caused by exposure to electromagnetic radiation or electromagnetic emission (EME) from apparatus licensed transmitters in a manner that mirrors Part 3 and 4 of the Apparatus LCD;
  • sets out the circumstances for permitted communications by TCBL Licensees; and

  • imposes specific conditions that require TCBL licensees not to cause harmful interference to other broadcasting services transmitting on a frequency in the broadcasting services bands (BSBs) and operating within the same licence or coverage area; or to other existing radiocommunications services operating outside of the BSBs.

Rather than reproducing its contents in full, the ACMA proposes to remake the TCBL Licence Determination so that the provisions that mirror those of the Apparatus Licence Determination (that is Parts 3 and 4 of the Apparatus Licence Determination) would be incorporated by reference in accordance subsection 314A(2) of the RA. The Apparatus Licence Determination imposes conditions relating to EME from transmitters, on most apparatus licences. One exception is apparatus licences issued for the transmission of TCBL services. The TCB Licence Determination was made to complement those provisions of the Apparatus Licence LCD that apply to the regulation of EME, so that they will also apply to transmitters used for TCBL services. Incorporating the relevant provisions of the Apparatus LCD as proposed will ensure the two instruments remain consistent over time.

The Apparatus LCD was amended on 22 May 2013 to remove references to the superseded Australian industry standard AS 2772.2:1988 – Radiofrequency radiation – Part 2: Principles and methods of measurement – 300 kHz to 100 GHz (AS2772.2:1988) and replaced it with the new version of the Standard published jointly by Standards Australia and Standards New Zealand – AS/NZS 2772.2:2011 – Radiofrequency fields – Principles and methods of measurement and computation – 3 kHz to 300 GHz (AS/NZS 2772.2:2011) published on 23 May 2011. This new standard would apply to TCBL apparatus licences when the instrument is registered on the Federal Register of Legislative Instruments.

The changes proposed are designed to simplify and streamline the provisions of the TCBL Licence Determination. The amendments proposed by the ACMA are not substantive and will not impose additional obligations on TCBL licensees.

Further details of the amendments as set out in the table of amendments found here

Submissions

Submissions are invited from interested parties by 5:00 pm, Friday 6 February, 2015. Submissions should be sent:

By email: info@acma.gov.au

By mail:
Manager
Broadcasting Carriage Policy Section
Australian Communications and Media Authority
PO Box Q500, Queen Victoria Building 
NSW, 1230

Background

The Legislative Instruments Act 2003 provides a regime for the automatic repeal of legislative instruments after 10 years, unless action is taken to exempt them. All government organisations are responsible for considering whether the legislative instruments they have made that are due to sunset will be relevant after their sunset date. Further information about sunsetting is available here.

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 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 acma.gov.au/privacy policy. 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: 15 March 2016