Licence Area Plan - Albury (Radio) - Variation No. 1 of 2005

LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Albury Radio – No 1 of 2005 made under the Broadcasting Services Act 1992

On 28 April 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Albury Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.

The licence area plan and variations

The ABA 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.

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

The ABA made the licence area plan for Albury Radio on 15 September 1997. It is referred to in this explanatory paper as “the licence area plan”.

Intended impact and effect

The instrument varies the licence areas for commercial and community radio broadcasting services in the Albury region by redefining the licence areas for the Albury commercial and Albury and Omeo community radio broadcasting services in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. The ABA does not intend that the licence areas are to be altered in a substantial way.

The instrument varies the definition of licence areas referred to in the licence area plan as Corryong RA1 and Walwa/Jingellic RA1 by:

• deleting references to those licence areas and:
• creating a new Upper Murray RA1 licence area to include the areas in those two licence areas and to include the Tumbarumba area; and  
• defining the Upper Murray licence area in the terms used by the Australian Bureau of Statistics in the most recent Census.

The ABA intends the effect of the variation to increase the licence area of the community radio stations made available in the licence area plan for the Corryong RA1 and Walwa/Jingellic RA1 licence areas.

The instrument also defines a new licence area called the Wodonga RA1 licence area for a community radio broadcasting service to be made available to serve the Wodonga area.  The Wodonga RA1 licence area is defined in the terms used by the Australian Bureau of Statistics in the most recent Census.

The instrument makes an additional community radio service available for the Wodonga area and varies the technical specifications of radio broadcasting services in the Albury area by:

• changing the transmitter site and power levels of the national radio broadcasting service operating as 3RN serving the Falls Creek area and including a special condition to minimise interference by that service with other radio broadcasting services;
• changing the frequency, transmitter site and increasing the maximum effective radiated power (ERP) for the commercial radio broadcasting services with SL numbers SL10289 and SL1150011 and operating as 2AAY and 2BDR, respectively, and both serving the Falls Creek area;
• changing the transmitter site and increasing the maximum ERP for the same commercial radio broadcasting services operating 2AAY and 2BDR services to serve the area of Omeo and including a special condition to minimise interference to other broadcasting services from those services;
• increasing the maximum ERP of a community radio service made available for the Upper Murray; and
• including technical specifications for additional transmitters for another community radio service made available for the Upper Murray area.

In relation to the national radio broadcasting service operating as 3RN, the ABA intends the effect of the variation to improve reception in the outer parts of the Falls Creek area.

In relation to commercial radio broadcasting services, the ABA intends the effect of the variation to rectify reception deficiencies in the Falls Creek and Omeo areas.

In relation to community services, the ABA intends the effect of the variation to make a new community radio service available for the Wodonga area and to increase the area of reception for the two community radio broadcasting services that have been made available for the Upper Murray area.

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

• correct previous drafting errors; and 
• delete information, which was included for reference only, that does not form part of the licence area plan and which may be confusing.

 The ABA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Albury area.  The ABA does not intend the variation to alter those rights and obligations.

Consultation

Before making a decision to vary the principal instrument, the ABA undertook the following steps by way of consultation:

• On 23 September 2004 the ABA published the following papers on its website:

• a draft variation to the principal instrument in accordance with licensees submissions; and
• an explanatory paper about the changes proposed in the draft variation, inviting public comment by 25 October 2004.

• On 28 September 2004, the ABA placed an advertisement in the Albury Border Mail newspaper outlining the effect of the draft variation to the principal instrument, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
• The ABA also wrote to persons providing broadcasting services in the Albury licence area and neighbouring licence areas, including national, community, commercial and temporary community broadcasters, to advise them of the release of the draft variation and explanatory paper and to invite their comments; 
•  The ABA wrote to interested organisations, including industry bodies, the Australian Competition and Consumer Commission, AirServices Australia, Community Broadcasting Association of Australia, Commercial Radio Australia and the Australian Communications Authority, to advise them of the release of the draft variation and explanatory paper and to invite their comments.

The ABA received 6 submissions on the draft proposal and explanatory paper.

• Having taken account of those submissions, on 16 December 2004 the ABA published the following papers on its website:

• a revised draft variation to the principal instrument in accordance with licensees submissions; and
• an explanatory paper about the changes proposed in the revised draft variation, inviting public comment by 21 January 2005.

• On 21 December 2004 the ABA placed an advertisement in the Albury Border Mail newspaper outlining the effect of the revised draft variation to the principal instrument, providing details of how to obtain copies of the draft variation or how to access it on the ABA’s website and inviting public comment.
• The ABA also wrote to the persons providing broadcasting services and the interested organisations referred to above to advise of the release of the draft variation and explanatory paper and to invite their comments.

The ABA received 5 submissions on the revised draft proposal 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 of paragraphs (2),(3),(4) and (5) of the determination to rectify previous drafting errors.

Clause 1(c)(i) of the instrument varies the text in paragraph (6) of the determination in the licence area plan to change the number of community radio broadcasting services to be available from one to two.

Clause (1)(c)(ii) of the instrument varies the text in paragraph (6) to rectify a previous drafting error.

Clause (1)(c)(iii) of the instrument varies the text in paragraph (6) of the determination to refer to attachments which contain technical specifications for a community radio broadcasting service serving the areas of Walwa/Jingellic, Tumbarumba and Corryong.

Clauses (1)(d) and (e) of the instrument vary the text in paragraphs (7) and (8), respectively, to rectify previous drafting errors.

Clause (1)(f) of the instrument varies the text of the determination in the licence area plan to insert a new clause that ensures that references to schedules and attachments include schedules and attachments that have been amended from time to time by the ABA.

Clause (2) of the instrument deletes page 3 of the licence area plan.  The page 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 varies the schedules to the licence area plan. The schedules set out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in various licence areas in the Albury area (including the Albury RA1, Albury RA2, Upper Murray RA1, Omeo RA1 and Wodonga RA1 licence areas).  In particular, the schedules provide for technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.

Clause (3)(a) updates Schedule One of the licence area plan by substituting it with an updated schedule in item 2 on pages 6 and 7 of the instrument. The updated schedule:

• provides for the technical specification number of the transmitter used by the national broadcasting service at Albury/Wodonga operating as 3RN to be that of a transmitter with an increase in the maximum power;
• provides for the technical specification number of the transmitter used by the commercial radio broadcasting service SL10289 operating as 2AAY at Falls Creek to be that of a transmitter with a change of frequency, increase in maximum ERP and change of site;
• provides for the technical specification number of the transmitter used by the commercial radio broadcasting service SL10289 operating as 2AAY at Omeo to be that of a transmitter with a change of site and increase in maximum ERP;
• provides for the technical specification number of the transmitter used by the commercial radio broadcasting service SL1150011 operating as 2BDR at Falls Creek to be that of a transmitter with a change of frequency, increase in maximum ERP and change of site;
• provides for the technical specification number of the transmitter used by the commercial radio broadcasting service SL1150011 operating as 2BDR at Omeo to be that of a transmitter with a change of site and increase in maximum ERP; and
• makes reference to the attachments which contain the technical specifications for the transmitters for the commercial and national radio broadcasting services, referred to above.

Clause (3)(b) updates Schedule Three of the licence area plan (by substituting it with an updated schedule in item 3 on page 7 of the instrument). The updated schedule:

• provides the technical specification number of the transmitter used by the community radio broadcasting service SL1150020 serving the Corryong area to be that of a transmitter with an increase in maximum ERP;
• provides the technical specification number of the transmitter used by the community radio broadcasting service SL1150022 at Walwa/Jingellic and details of additional transmitters to be used by SL1150022 at Tumbarumba and Corryong.
• makes reference to the attachments which contain the technical specifications for the transmitters for the community radio broadcasting services, referred to above.

Clause (3)(c) updates Schedule Five of the licence area plan by substituting it with an updated schedule in item 4 on page 7 of the instrument. The updated schedule provides details of the new community radio service to be made available at Wodonga.

Clauses (4)(a), (i) and (m) of the instrument replace the existing descriptions of the relevant licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. The variations do not substantially alter the boundaries of these existing licence areas.

Clauses (4)(d) and (g) insert attachments 1.28 and 1.29.  Those attachments provide for the technical specifications for transmitters using alternative frequencies for the commercial radio broadcasting services operating as 2AAY and 2BDR to serve the Falls Creek area.  The licensees must start operating in accordance with the technical specifications within a specified time. 

Clauses (4)(c) and (f) insert attachments 1.15 and 1.19 of the instrument in place of attachments 1.15 and 1.19 of the licence area plan.  Attachments 1.15 and 1.19 contain the technical specifications for the transmitters currently used by the broadcasting services referred to in the previous paragraph to serve the Falls Creek area.  The new attachments contain a special condition that requires the licensee of each of the services to cease broadcasting in accordance with those specifications within a twelve month period, unless otherwise notified by the ABA.  The technical specifications are not changed in any other way.

Clause (4)(l) of the instrument inserts attachments 3.3, 3.4 and 3.5 into the licence area plan. These attachments contain the technical specifications for transmitters for community radio broadcasting service SL1150022 made available to serve the Upper Murray area.

The technical specifications for those services or transmitters include the following characteristics:

• The nominal transmitter site;
• The frequency on which the service may be transmitted;
• Other emission details; and
• The output radiation pattern (including power limitations).

Clause (4)(b) inserts attachment 1.2 of the instrument in place of attachment 1.2 of the licence area plan. The inserted attachment contains a new technical specification for the national radio broadcasting service operating as 3RN and serving the general area of Albury/Wodonga. The new technical specification contains a different specification number, nominal transmitter location and transmitter power to be used by that service and a special condition requiring the broadcaster to take action to minimise interference with other broadcasting services. The other characteristics of the technical specification are not changed.

Clause (4)(e) inserts attachment 1.16 of the instrument in place of attachment 1.16 of the licence area plan. The inserted attachment contains a new technical specification for the commercial radio broadcasting service operating as 2AAY and serving the general area of Omeo. The new technical specification contains a different specification number, nominal transmitter location and maximum ERP power to be used by that service and a special condition requiring the licensee to take action to minimise interference with other broadcasting services. The other characteristics of the technical specification are not changed.

Clause (4)(h) inserts attachment 1.20 of the instrument in place of attachment 1.20 of the licence area plan. The inserted attachment contains a new technical specification for the commercial radio broadcasting service operating as 2BDR and serving the general area of Omeo. The new technical specification contains a different specification number, nominal transmitter location and maximum ERP to be used by that service and a special condition requiring the licensee to take action to minimise interference with other broadcasting services. The other characteristics of the technical specification are not changed.

Clause (4)(k) inserts attachment 3.2 of the instrument in place of attachment 3.2 of the licence area plan. The inserted attachment contains a new technical specification for the community radio broadcasting service SL1150020 serving the Upper Murray area. The new technical specification contains a different specification number and maximum ERP to be used by that service. The other characteristics of the technical specification are not changed.

Clause (4)(o) inserts attachment 5.2 of the instrument in place of attachment 5.2 of the licence area plan. The inserted attachment contains a technical specification for the community radio broadcasting service SL1150833 serving the area of Wodonga. The technical specification contains a new general area served, service licence number, different specification number, nominal location, emission details, output radiation pattern and maximum ERP to be used by that service.

Clause (4)(j) inserts attachment 3.1 of the instrument in the place of attachment 3.1 of the licence area plan which contained a description of the Corryong RA1 licence area. The inserted attachment contains a description of the new Upper Murray RA1 licence area.

Clause (4)(n) inserts attachment 5.1 of the instrument in the place of attachment 5.1 of the licence area plan which contained a description of the Walwa/Jingellic RA1 licence area. The inserted attachment contains a description of the Wodonga RA1 licence area for the new community broadcasting service to serve the Wodonga area.