EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan Variation
Bendigo Radio
© Commonwealth of Australia 2008
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Bendigo Radio – No 1 of 2008 made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
The Bendigo Radio Licence Area Plan (LAP) was determined by the ABA on 8 August 1997 (the principal instrument) and varied on 7 October 1999. This variation was made pursuant to subsection 26(2) of the BSA by the ABA.
On 28 May 2008, ACMA made a further variation to the LAP for Bendigo Radio and this variation is referred to in this Explanatory Statement as “the instrument”.
The LAP and variations
ACMA prepares 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.
ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ABA made the LAP for Bendigo Radio on 8 August 1997 and varied it on 7 October 1999. The LAP for Bendigo Radio as varied on 7 October 1999 is referred to in this Explanatory Statement as “the LAP”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the operating conditions for community and national radio services in Bendigo by:
- changing the transmitter site for community radio broadcasting service 3CH from Kangaroo Hill to the Repeater Tower, Mount Macedon, to improve reception of the service in the Kyneton RA1 licence area and to extend the licence area to include all of the Macedon ranges Shire;
- changing the maximum antenna height of three national services for Bendigo at the nominal transmitter site Mount Alexander; and
- making channel capacity available for a community radio service at Maryborough to operate on 99.1 MHz, to provide the Maryborough RA2 licence area with an ongoing community radio broadcasting service.
The instrument also makes variations of a minor and administrative nature to:
- vary the definition of the licence areas so that they are described in terms used by the Australian Bureau of Statistics in the 2001 Census and are consistent with the most recent determination of populations of licence areas made under section 30 of the BSA;
- delete references to technical specifications that are no longer used;
- correct previous drafting errors; and
- delete information, included for reference only, that does not form part of the LAP and which may create confusion.
ACMA intends the effect of these minor and administrative variations to clarify the rights and obligations of radio broadcasting licensees in the Bendigo area. ACMA does not intend the variation to alter those rights and obligations.
Regulatory impact statement exemption
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the instrument has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS exemption number is ACMA 051.
Consultation and Submissions
ACMA received a request from community radio broadcasting service Central Highlands Broadcasting Incorporated (3CH) for an amendment to the technical specifications for its service in the Kyneton licence area to enable it to increase the coverage of its service.
Strengthening Goldfields Community Radio Incorporated (SGCR) has been broadcasting under temporary community broadcasting licences since January 2007 in the Maryborough licence area and expressed interest in obtaining a permanent community radio licence.
On 20 March 2008 ACMA advised in a media release that it had made available for public comment a draft variation to the LAP and an explanatory paper incorporating the proposed changes in relation to 3CH and SGCR. The media release advised that these documents had been published on ACMA’s website and invited comments on the proposals by the closing date of 4 April 2008.
An advertisement that appeared in the Bendigo Advertiser on 20 March 2008 outlined the effect of the draft variation on the LAP and provided details on how to obtain copies of the draft variation, how to access it on ACMA’s website and invited public comment by close of business 4 April 2008.
On 18 March 2007, ACMA wrote to licensees providing radio broadcasting services in the proposed extended Kyneton licence area to advise them of the release of the draft LAP variation and related explanatory paper, and to invite their comments.
ACMA received no 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 Licence Area Plan Bendigo (Radio) to number each of the paragraphs in the determination consecutively as clauses.
Clause (1)(b) of the instrument varies the text in clause (2) of the determination in the LAP so that it corrects a previous typographical error and correctly refers to the number of commercial radio broadcasting services available in the Bendigo area and described at Attachment 1.1.
Clause (1)(c) of the instrument inserts a new Clause 8 and new Clause 9 in the determination. Clause 8 refers to a new community radio broadcasting service being made available in the Maryborough licence area as described at Attachment 7.1 in the determination, with the characteristics, including technical specifications of the service described at Attachment 7.1 being set out in Schedule Seven and Attachment 7.2.
Clause (2)(a), (b) and (c) of the instrument deletes the heading “Schedules”, the words “Each of the schedules sets out:” and all six paragraphs marked with dot points under the heading “SCHEDULES”, following the determination in the LAP. The paragraphs contained information, included for reference, that does not form part of the LAP and that may be confusing.
Clause (3)(a) of the instrument omits Schedule Five of the LAP and replaces it with Schedule Five in the instrument. This schedule sets out details of the community radio broadcasting service that is to be available in the Kyneton RA1 licence area. In particular, the schedule provides the technical specification number for the transmitter to be used by the community radio broadcasting service and specifies the attachment which contains the technical specification for the transmitter. It will allow community broadcaster 3CH to relocate its transmitter to a site on Mount Macedon and extends the Kyneton licence area to enable 3CH to provide its service to the entire Macedon Ranges Shire,
Clause (3)(b) of the instrument inserts an additional Schedule Seven in the LAP. This schedule sets out the details of a new community radio broadcasting service that is to be made available in the Maryborough RA1 licence area. In particular, the schedule provides the technical specification number for the transmitter to be used by the service and specifies the attachment which contains the technical specification for the transmitter.
Clause 4(a) of the instrument omits Attachment 1.1 of the LAP and substitutes a revised Attachment 1.1, which comprises of updated information collected in the 2001 Census.
Clauses 4(b),(c) and (d) of the instrument omit Attachments 1.2, 1.3 and 1.4 of the LAP and substitutes Attachments 1.2, 1.3 and 1.4 of this instrument. The technical specifications for these national services were changed under delegation to allow for an increase in maximum antenna height from 85 metres to 101 metres. These clauses give effect to the variations in the LAP.
Clause 4(e) of the instrument omits Attachment 1.7 of the LAP and substitutes Attachment 1.7 of this instrument, which explains the coverage radius of the service.
Clause 4(f) of the instrument omits Attachment 2.1 of the LAP and substitutes a revised Attachment 2.1, which comprises of updated information collected in the 2001 Census.
Clause 4(g) of the instrument omits Attachment 3.1 of the LAP and substitutes a revised Attachment 3.1, which comprises of updated information collected in the 2001 Census.
Clause 4(h) of the instrument omits Attachment 4.1 of the LAP and substitutes a revised Attachment 4.1, which comprises of updated information collected in the 2001 Census.
Clause 4(i) and (j) of the instrument omits Attachments 4.2 and 4.3 of the LAP and substitutes revised Attachments 4.2 and 4.3, replacing the technical specifications for the Bendigo community radio broadcasting service and Castlemaine translator with technical specifications that were varied by the ABA on 7 October 1999. Specifically, the substituted technical specifications provide changed frequencies for these services.
Clause 4(k) of the instrument omits Attachment 2.1 of the LAP and substitutes a revised Attachment 2.1, which comprises of updated information collected in the 2001 Census and additional Census districts added to the extended licence area for the community radio service in the Kyneton RA1 licence area.
Clause 4(l) of the instrument omits Attachment 5.2 of the LAP and substitutes a revised Attachment 5.2, which indicates the changed transmitter site, reduced antenna height and changed output radiation pattern for the community radio service in the Kyneton RA1 licence area.
Clause 4(m) of the instrument omits Attachment 6.1 of the LAP and substitutes a revised Attachment 6.1, which comprises of updated information collected in the 2001 Census.
Clause 4(n) of instrument inserts Attachments 7.1 and 7.2 after Attachment 6.2. Attachment 7.1 defines the Maryborough licence area in terms of information collected in the 2001 Census. Attachment 7.2 comprises the technical specifications for the community radio broadcasting licence for the Maryborough RA1 licence area.