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The ABA is in the midst of a massive task-an Australia-wide
public planning process aimed at deciding, area by area,
the number, type and technical characteristics of new
broadcasting services that will be available and progressively
licensing these services.
ABA's general approach to planning sets out the legistrative
framework and planning criteria as well as the ABA general
approach to the planning of broadcasting services. It
also contains record of advice and assumptions.
Download the ABA's general approach to planning as
a RTF 307k /52p or
view as a PDF 170k/52p
More detailed information about specific aspects of
the allocation process is available in the ABA's information
packages, which are produced when a licence becomes
available for allocation. Please contact the Allocations
and Renewal section of the ABA for further information
regarding specific licences and their accompanying information
package. Below is a general overview of the ABA's planning
and licensing process.
The key elements of the ABA's
planning and allocation process are:
- the Minister has given the ABA, an independent statutory
authority, responsibility for planning and allocating
all parts of the radiofrequency spectrum used for
free-to-air broadcasting services in Australia, namely,
the parts of the airwaves that are used for AM and
FM radio, and VHF and UHF television spectrum (the
broadcasting services bands);
- planning is accompanied by wide public consultation.
At the end of the planning process for each area,
the ABA prepares a licence area plan, or LAP, for
the area which provides a comprehensive blueprint
for development of all free-to-air broadcasting in
that area;
- much of the detailed planning of transmission facilities
will be carried out by successful licence applicants
themselves, within guidelines set down by the ABA;
- the technical characteristics which the ABA's LAPs
prescribe, together with the ABA's Technical
Planning Guidelines, provide a non-negotiable 'envelope'
of technical parameters and procedures within
which licensees must do their detailed planning;
- commercial licence allocation is by a price-based
'auction style' process under which all commercial
broadcasters take full responsibility for their own
viability;
- licences for open narrowcasting services which use
the broadcasting services band spectrum are also issued
under a price-based allocation process;
- community licence allocation, is merit-based, with
frequencies made available free-of-charge;
- regulation of content is now separate from regulation
of the means of carriage. The content of broadcasting
services is authorised by either a service licence
or class licence under the Broadcasting Services Act
. Separate authorisation may be required for the means
of carriage.
An aspirant broadcaster can position itself to benefit
from the licence area planning process when public consultation
occurs in its particular area of interest.
It is at this point that the well prepared aspirant
can lodge expressions of interest providing the ABA
with evidence supporting the availability of a service
of the kind it wishes to operate. This is also the time
to make submissions to the ABA about the licence area,
transmission power, transmitter siting and other key
characteristics of the new service it wishes planned.
Suggestions for improving reception of existing services
can be made at this point too.
Before finalising a LAP, the ABA releases discussion
papers to allow those interested to react to its preliminary
decisions and affect the final outcome. This is the
aspirant's final call as the ABA will not routinely
vary LAPs and cannot do so without a further wide consultative
process.
Key features of licence area plans
(LAPs)
- A LAP is a legal instrument setting out the number
and characteristics, including the technical specifications,
of all AM and FM radio, and VHF and UHF television
services that are available within the licence areas
covered by the LAP.
- LAPs specify the category (commercial, community,
national and narrowcasting) of the new services to
be made available and their licence area where applicable.
- The technical specifications set out in LAPs are
not for negotiable after finalisation, however there
is flexibility in the siting of transmitters.
Let's assume the aspirant's submissions have borne
fruit; the ABA has prepared a LAP making available a
new service in which the aspirant is interested. At
this point the ABA may proceed to make licences available
for allocation.
Except for single licence radio and television markets
for which special provisions apply, the ABA will advertsie
for applications for those licences available for allocation.
The aspirant seeking a commercial broadcasting licence
or a transmitter licence to provide an open narrowcasting
service (no service licence is required for a narrowcasting
service) must purchase a price-based licence allocation
package for either, commercial or open narrowcast.
For further information on licence area plans
Key features of price-based allocation
systems
- The ABA uses two separate, though similar price-based
allocation systems to allocate commercial broadcasting
licences and licences to provide open narrowcasting
services, which are available in LAPs.
- The ABA will advertise for applications for licences
which will then be allocated under the auction-style
price-based systems, unless there is only one application
for a licence.
- Licences will be allocated to the highest bidder,
or if there is only one applicant the licence will
be allocated at the reserve price (subject to the
requirements of the Broadcasting Services Act or the
Radiocommunications Act (as applicable) and the Determination
which governs the system), following payment in full.
- Applicants for licences will be required to register
with the ABA and pay an application fee for each licence
applied for.
- The ABA must set a reserve price for individual
licences.
- It will usually be economical for the ABA to advertise
and auction a number of licences at one time.
For further information on commercial and open narrowcasting
licences
The aspirant seeking a community licence must respond
to the ABA's advertisement calling for applications,
after which the ABA will assess the comparative merits
of all applications received.
Key features of the community
licence allocation process
- The allocation of community licences is subject
to ABA discretion.
- Applicants for community licences must represent
a community interest (the Minister may direct the
ABA to give priority to a particular community interest
or interests).
- The proposed service must be not-for-profit and
be provided for community purposes.
- The ABA assesses applications and other information
(planning information and any relevant submissions
etc.) to consider among other things, the extent to
which a proposed service meets community needs and
the applicant's capacity to provide the service. Provision
is made for community scrutiny of applications and
input in the form of written submissions.
- The ABA may also use other procedures, for example
hearings, to assess the comparative merit of applicants.
Let's assume the aspirant broadcaster has been successful
in one or other of the licence allocation processes
and has been allocated a service licence.
From the day of licence allocation, the licensee has
12 months (six months in the case of open narrowcasting
services) to commence a service (this is a licence condition;
if requested the ABA can extend the period at its discretion).
In the interim, a key challenge for the licensee will
be the planning of its transmission facilities. This
planning is the licensee's sole responsibility and must
be carried out in accordance with the non-negotiable
technical specifications of the service as determined
in the LAP and in compliance with the Technical Planning
Guidelines (the TPGs), or equivalent conditions in the
case of open narrowcasting services. The TPGs set down
procedures which must be followed and limits which must
be observed in planning new transmission facilities
or changes to existing facilities. The TPGs came into
effect on 10 August 1995.
For further information on community licences
Key features of the Technical Planning
Guidelines
- The TPGs include mandatory guidelines relating to
start up procedure (including test transmissions);
change of transmitter site procedure; minimum and
maximum radiated power and maximum field strengths;
interference to other services and emission standards.
- Transmitters licensed before 10 August 1995 are
potentially subject to the TPGs. The TPGs will apply
if any significant change is made to the technical
specifications of the existing transmitter.
- The TPGs provide some flexibility for licensees
wishing to use an alternative to the nominal site
published in the LAP, placing the responsibility on
the licensee to complete the necessary checks and
calculations to determine that use of the alternative
site will be satisfactory.
- Compliance with the TPGs is a licence condition
on all transmitter licences issued under the Radiocommunications
Act which are associated with commercial and community
broadcasting service licences.
- Similar guidelines may be applied as special conditions
to the transmitter licences of national broadcasting
services and narrowcasting services using the broadcasting
services bands.
Once a licence area has been planned, a service licence
allocated and the aspirant broadcaster has begun planning
of its transmission facilities in accordance with the
TPGs, the transmitter licence that authorises the carriage
of the service under the Radiocommunications Act
is issued.
Transmitter licences form an important component of
the licensing regime because the service's technical
specifications (as determined in the LAP) and compliance
with the TPGs are both enforceable as automatic conditions
of the transmitter licence.
For further information on TPG's
Key features of transmitter
licences
- Under the Radiocommunications Act, commercial and
community broadcasting licensees using the broadcasting
services bands are entitled to a transmitter licence
which remains in force while the broadcasting service
licence does so.
- Under two separate conditions of the transmitter
licence, transmitters must be operated in accordance
with the technical specifications determined in the
relevant LAP, and the TPGs must be complied with.
- Applicants must complete an approved form to be
issued a transmitter licence; the licensing process
will differ depending on whether the nominal site
(as specified in the LAP) or an alternative site is
required.
For further information on transmitter licences
Allocation of other licences
While allocation of the licences for services using
the broadcast spectrum must follow the procedure outlined
above, no such planning process is necessary for other
delivery methods. There is a limitation on the grant
of more than three commercial television licences to
a market until after a date specified by Government
proclamation, but no such limit applies to the grant
of new commercial or community radio licences. These
licences may be granted to any suitable person.
A potential radio broadcaster wishing to use cable,
non-broadcasting spectrum or any other method of delivering
a signal, may obtain a licence by applying to the ABA
in writing and paying a fee. The situation is the same
for subscription television broadcasting services.
Licences in other categories are even simpler to obtain.
The ABA has determined a class licence for the following
categories of service: subscription radio broadcasting,
subscription radio or television narrowcasting, and
open radio or television narrowcasting. A person or
company intending to provide any such service can commence
operations straight away, although they must comply
with the conditions of their particular class licence.
They need not even contact the ABA, unless they require
a transmitter licence to use the broadcasting services
bands spectrum or request an opinion about the category
into which their service will fall.
Relevant licences required under the Radiocommunications
Act for spectrum outside the broadcasting services bands
must be obtained from the Australian
Communications Authority.
For further information
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