LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Bega Radio made under the Broadcasting Services Act 1992
On 27 January 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Bega 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 Bega Radio on 17 June 1999. It is referred to in this explanatory paper as “the principal instrument”.
Intended impact and effect
The instrument:
- varies the characteristics of the technical specification with which services in the Bega licence area (the licence area) must comply;
- extends and redefines the licence area for a community radio service in Bega.
In relation to community radio services, the ABA intends the effect of the variation to:
- improve coverage of the Bega community radio service SL1150188 operating as 2BAR (the service) within the Bega community licence area and permit coverage to the towns of Candelo, Bermagui and Tura Beach.
In relation to licence areas for community services, the ABA intends the effect of the variation to extend the licence area to include the towns of Candelo, Bermagui and Tura Beach and redefine the relevant licence area in the terms used by the Australian Bureau of Statistics in the most recent Census.
Consultation
On 31 August 2004, the ABA received a submission from the licensee of the community radio service 2BAR to support its request for the ABA to vary the principal instrument in the manner set out in the instrument (apart from those provisions referring to the description of the relevant licence areas).
Before making a decision to vary the principal instrument, the ABA undertook the following steps by way of consultation:
- On 22 November 2004 the ABA published the following papers on its website:
- a draft variation to the principal instrument in accordance with the licensee’s submission; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 17 December 2004.
- On 30 November 2004, the ABA placed an advertisement in the Bega District News 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 wrote to licensees of commercial, community and national broadcasting services within the Bega licence area and in neighbouring licence areas and industry bodies including the Australian Competition and Consumer Commission, AirServices Australia, Community Broadcasting Association of Australia, Commercial Radio Australia and the Australian Communications Authority and the local member of federal parliament to advise them of the release of the draft variation and explanatory paper and to invite their comments.
The ABA did not receive any submissions on the 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 principal instrument to number each of the paragraphs in the determination consecutively as clauses.
Clause (1)(b) of the instrument varies the text of the determination in the principal instrument to insert a new clause that will ensure that it refers to schedules and attachments that have been amended from time to time by the ABA.
Clause (2) of the instrument varies schedule two of the principal instrument which sets out details of the community radio broadcasting service with licence number SL1150188 that is to be available on a particular frequency in the Bega RA2 licence area, provides for a transmitter number for the transmitter to be used by that service and specifies the attachment which contains the technical specification for the transmitter for the community service. The variation updates schedule two of the principal instrument to indicate the service is now licensed and to set out the new technical specification number for that transmitter. The schedule is not changed in any other material way.
Clauses (3)(a) and (b) of the instrument inserts attachment 2.2 which contains the characteristics of the technical specification for the transmitter for the community radio broadcasting service with service licence number SL1150188, including:
- the transmitter site;
- the frequency on which the service may be transmitted;
- other emission details; and
- the output radiation pattern (including power limitations).
Clauses 3(c) and (d) of the instrument replace attachment 2.1 containing the description of the Bega RA2 licence area. The new description extends the licence area to include Candelo, Bermagui and Tura Beach and redefines it in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001.