EXPLANATORY STATEMENT
ISSUED BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
VARIATION TO LICENCE AREA PLAN – BATHURST RADIO –
NO.1 OF 2012
BROADCASTING SERVICES ACT 1992
In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005, the Australian Communications and Media Authority (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).
The ACMA has made a variation to the Licence Area Plan for Bathurst Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.
The LAP and variations to the LAP
The ACMA prepares licence area plans (LAPs) under subsection 26(1) of the BSA. LAPs 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ABA made the Licence Area Plan – Bathurst Radio – May 1997 on 15 May 1997 and varied it on 16 December 2004.
It is referred to in this explanatory statement as “the Bathurst LAP”.
Intended impact and effect
The variation makes available the FM frequency 105.5 MHz, with a maximum effective radiated power (ERP) of 100 watts, for an in-fill transmitter at Oberon, New South Wales for the existing Bathurst AM commercial radio broadcasting service 2BS.
The variation also updates the description of the existing commercial and community radio licence areas in the Bathurst LAP so that they are defined in terms used in the 2006 census and are consistent with the ACMA’s most recent determination of population of the licence areas under section 30 of the BSA.
The variation also makes minor amendments to delete information included for reference only that does not form part of the Bathurst LAP and which may create confusion.
The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Bathurst area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.
Regulatory Impact Analysis
The ACMA’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the proposed variation is likely to have no or low impact on business or the economy; and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.
The OBPR issued an exemption reference number: 13141.
The Statement of Compatibility with Human Rights has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Consultation
Before making a decision to vary the Bathurst LAP, the ACMA undertook the following consultation:
On 7 December 2011, the ACMA published the following papers on its web site:
- a Draft Variation to Licence Area Plan – Bathurst Radio – No.1 of 2011;
- an explanatory paper and licence area maps outlining the changes proposed in the draft variation and inviting public comment by 20 January 2012; and
- a media release announcing the draft variation.
On 7 December 2011, the ACMA wrote to the licensees providing national, commercial, community radio broadcasting services and open narrowcasting radio services in the Bathurst LAP to advise them of the release of the draft variation and to invite their comments by 20 January 2012.
On 10 December 2011, the ACMA placed an advertisement in the ‘Bathurst Western Advocate’ newspaper announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation, and invited public comment by 20 January 2012.
Submissions
No submissions were received on the Draft Variation to Licence Area Plan- Bathurst Radio – No 1 of 2011.
Description of the provisions of the variation
Clause (1)
Clause (1) identifies that the ACMA makes the variation under subsection 26(2) of the BSA.
Clause (2)
Clause (2) names the variation the Variation to Licence Area Plan – Bathurst Radio – No. 1 of 2012.
Clause (3)
Clause (3) provides that the variation commences the day after it is registered on the Federal Register of Legislative Instruments.
Sub-clause (4)(a)
Sub-clause (4)(a) of the variation renames the Bathurst LAP the “Licence Area Plan – Bathurst Radio”.
Sub-clause (4)(b)
Sub-clause (4)(b) amends the heading on the title page of the Bathurst LAP so that it reads “Licence Area Plan – Bathurst Radio”.
Paragraphs (4)(c)(i), (ii), and (iii)
Paragraph (4)(c)(i) amends the heading on page one of the Bathurst LAP so that it reads “Licence Area Plan – Bathurst Radio”.
Paragraph (4)(c)(ii) removes the heading “Determination” from page one of the Bathurst LAP.
Paragraph (4)(c)(iii) omits the four paragraphs of text from the Bathurst LAP and substitutes new clauses (1), (2), (3), (4) and (5) of this variation.
The new clause (1) modifies the existing first paragraph to better reflect that the Bathurst LAP is for radio broadcasting services in the Bathurst area of New South Wales, and is made under subsection 26(1) of the BSA.
The new clause (2) modifies the existing second paragraph to accurately describe the number and type of radio services available in the licence area described in Attachment 1.1, and to replace the word “Determination” with the word “plan” and substitute the numbers “1.2 – 1.11” with the numbers “1.2 – 1.12”. The modification to numbers reflects the addition of Attachment 1.12 which is described further at sub-clause (4)(f).
The new clauses (3) and (4) modify the existing third and fourth paragraphs to replace the word “Determination” with the word “plan”.
The new clause (5) ensures that the Bathurst LAP refers to schedules and attachments that have been amended from time to time by the ACMA.
Sub-clause (4)(d)
Sub-clause (4)(d) omits all text appearing immediately before Schedule One under the heading “SCHEDULE” in the Bathurst LAP (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.
Sub-clause (4)(e)
Sub-clause (4)(e) replaces Schedules One, Two and Three of the Bathurst LAP with Schedules One, Two and Three of the variation.
Schedule One sets out the details of the national, commercial radio broadcasting and open narrowcasting radio services that are to be available on particular frequencies in the Bathurst RA1 licence area.
Schedule Two sets out the details of the community radio service that is to be available with a particular frequency in the Bathurst RA2 licence area.
Schedule Three sets out the details of the community radio service that is to be available with a particular frequency in the Bathurst RA3 licence area.
In particular, these Schedules provide the transmitter specification number for each transmitter to be used by the services in the licence areas, and specify the Attachments which contain the technical specifications for each of those transmitters.
Schedule One has been updated to include reference to Attachment 1.12, the new in-fill transmitter at Oberon, New South Wales for the existing Bathurst AM commercial radio broadcasting service 2BS, which is described further at sub-clause (4)(f).
Schedules One, Two and Three have also been updated so that their headings read ““Licence Area Plan : Bathurst Radio”. This modification will ensure consistency with other recently varied radio LAPs.
Sub-clause (4)(f)
Sub-clause (4)(f) removes all Attachments from the Bathurst LAP and substitutes Attachments 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.10, 1.11, 2.1, 2.2, 3.1 and 3.2 of this variation.
The new Attachments 1.1, 2.1 and 3.1 contain the definitions of the Bathurst RA1, Bathurst RA2 and Bathurst RA3 licence areas in terms used by the ABS in the 2006 census, but otherwise remain unchanged.
The new Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 2.2, 2.3 and 3.2 provide the technical specifications for each transmitter to be used by each radio service in the Bathurst RA1, Bathurst RA2 and Bathurst RA3 licence areas.
The changes made to these technical specifications include:
- updating the nominal locations of the transmitter specified at attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.11, 2.2, 2.3 and 3.2 to provide a more accurate description of the transmitter site;
- updating the site tolerance field to refer to the Broadcasting Services (Technical Planning) Guidelines 2007 in Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.2, 2.3 and 3.2;
- updating the maximum antenna height specified in Attachments 1.4, 1.5, 1.5 and 1.6 on the advice of the broadcaster; and
- updating the recording method for the output radiation pattern in Attachment 1.2.
This information has been updated for ease of reference only and does not signify a change to the planned performance of the transmitters.
The new Attachment 1.12 makes available the FM frequency 105.5 MHz, with a maximum ERP of 100 watts, for an in-fill transmitter at Oberon, NSW for the existing Bathurst AM commercial radio broadcasting service 2BS.