|
| |||||
© Commonwealth of Australia 2009 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Communications and Publishing, Australian Communications and Media Authority, PO Box 13112 Law Courts, Melbourne Vic 8010.
Published by the Australian Communications and Media Authority |
Legislative Instruments Act 2003
Section 26 – Explanatory Statement
Variation to Licence Area Plan for Bendigo Radio – No. 1 of 2009 made under the 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 (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).
On 21 August 2009, the ACMA made a variation to the Licence Area Plan (LAP) for Bendigo Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this Explanatory Statement as “the instrument”.
The licence area plan and variations
The 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.
The 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 ACMA varied the LAP for Bendigo Radio on 22 May 2008. The LAP for Bendigo Radio, as varied, is referred to in this explanatory statement as “the Bendigo LAP”.
Intended impact and effect
The instrument makes a national and a community radio broadcasting service available in Bendigo, and two community radio broadcasting services available in the Bendigo City area, by:
- making spectrum available, and specifying additional technical specifications, for a national radio broadcasting service and a community radio broadcasting service to serve the general area of Bendigo; and
- making spectrum available, and specifying additional technical specifications, for two new long-term community radio broadcasting services to serve the general area of Bendigo City.
The intended impact and effect of these variations is to:
- facilitate the provision of a national radio broadcasting service to the Bendigo area; and
- facilitate provision of new community radio broadcasting services to the area of Bendigo and Bendigo City, by providing appropriate technical specifications for those services.
The instrument also deletes information, included for reference only, that does not form part of the licence area plan and which may create confusion, and makes some minor amendments to correct drafting errors. The ACMA intends the effect of these drafting and minor variations to be to clarify the rights and obligations of radio broadcasting licensees and national broadcasting services in the Bendigo area. The ACMA does not intend for the variations to alter those rights and obligations materially.
Regulatory impact statement exemption
The ACMA has considered whether a regulatory impact statement is required and formed the view that the recommendations in the instrument do not give rise to a regulatory obligation. Therefore, a regulatory impact analysis process has not been applied. The exemption identifier is ACMA 095.
Consultation and Submissions
Before varying the Bendigo LAP, the ACMA undertook the following consultation.
On 18 August 2008, the ACMA published the following papers on its website:
- a draft variation to the Bendigo LAP;
- an explanatory paper about the changes proposed in the draft variation to the Bendigo LAP, inviting public comment by 19 September 2008; and
- a media release announcing the proposed draft variation to the Bendigo LAP.
On 18 August 2008, the ACMA wrote to the licensees providing radio broadcasting services to the Bendigo region to advise them of the release of the draft variation to the Bendigo LAP and to invite their comments.
On 19 August 2008, the ACMA placed an advertisement in the “Bendigo Advertiser” newspaper outlining the intended effect of the draft variation on the Bendigo LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.
The ACMA received 57 submissions on the draft variation to the Bendigo LAP and accompanying explanatory paper.
To address the expressed demand and support for more than one additional long-term community radio broadcasting service in Bendigo, the ACMA reconsidered its proposals for the draft variation to the Bendigo LAP. The ACMA subsequently undertook the following additional consultation.
On 19 June 2009, the ACMA published the following papers on its website:
- a revised draft variation to the Bendigo LAP;
b. an explanatory paper about the changes proposed in the revised draft variation to the Bendigo LAP, inviting public comment by 17 July 2009; and
c. a media release announcing the proposed revised draft variation to the Bendigo LAP.
On 19 June 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Bendigo region to advise them of the release of the revised draft variation to the Bendigo LAP and to invite their comments.
On 22 June 2009, the ACMA placed an advertisement in the “Bendigo Advertiser” newspaper outlining the intended effect of the revised draft variation on the Bendigo LAP, providing details of how to obtain copies of the revised draft variation and how to access it on the ACMA’s website, and inviting public comment.
The ACMA received seven submissions on the revised draft variation to the Bendigo LAP and accompanying explanatory paper.
Description of the provisions of the instrument
Clause (1)
Clause (1)(a)
Clause (1)(a) of the instrument inserts words into clause (2) of the Bendigo LAP designed to increase the number of national radio broadcasting services to be available in the Bendigo RA1 licence area by one, to allow the NewsRadio (Parliamentary News Network) (PNN) service to be extended to Bendigo.
Clause (1)(b)
Clause (1)(b) of the instrument replaces clause (4) of the Bendigo LAP in order to reduce the number of community radio broadcasting services available in the Bendigo RA2 licence area by one to free up spectrum to allow for the provision of the PNN service. A replacement community broadcasting service, and two new community broadcasting services, will be available in different licence areas.
Clause (1)(c)
Clause (1)(c) of the instrument replaces clause (9). Clause (9) provides for a new community radio broadcasting service to be available in the Bendigo RA4 licence area. The clause makes reference to the schedule and attachments containing the description of the licence area and the technical specifications for the transmitter for the community radio broadcasting service.
Clause (1)(c) also inserts a new Clause (10) into the Determination in the Bendigo LAP. Clause 10 provides for two new community radio broadcasting services to be available in the Bendigo RA5 licence area. The clause makes reference to the schedule and attachments containing the description of the licence area and the technical specifications for the transmitters for the community radio broadcasting services.
Clause (1)(c) also inserts a new clause (11) into the Determination in the Bendigo LAP that will ensure that it refers to schedules and attachments that have been amended from time to time by the ACMA.
Clause (2)
Clause (2)(a)
Clause (2)(a) of the instrument replaces Schedule One and Schedule Three to the Bendigo LAP. These schedules set out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Bendigo RA1 and Bendigo RA2 licence areas. In particular, the schedules provide the technical specification numbers for each transmitter to be used by the services in both licence areas, and specify the attachments which contain the technical specification for each of those transmitters. The changes from the previous Schedules One and Three are consequential on the changes made by clauses (1)(a) and (b) of the instrument.
Clause (2)(b)
Clause (2)(b) of the instrument inserts Schedule Eight into the Bendigo LAP. The schedule sets out the details of the community radio broadcasting service that is to be available in the Bendigo RA4 licence area and provides the technical specification number for the transmitter for that service and specifies the attachment which contains the technical specification for this transmitter.
Clause (2)(b) of the instrument also inserts Schedule Nine into the Bendigo LAP. The schedule sets out details of the community radio broadcasting services that are to be available in the Bendigo RA5 licence area and provides the technical specification number for the transmitters for those services and specifies the attachment which contains the technical specification for these transmitters.
Clause (3)
Clause (3)(a)
Clause 3(a) of the instrument inserts Attachment 1.8 into the Bendigo LAP. This new attachment contains the technical specifications for the new national radio broadcasting service to be available in the Bendigo RA1 licence area.
Clause (3)(b)
Clause 3(b) of the instrument removes Attachment 3.2 of the Bendigo LAP.
Attachment 3.2 described the community radio broadcasting service that was available at Bendigo under the service licence number SL10366. This attachment has been superseded by the new Attachment 1.8 of the instrument that describes the technical specification for the new national radio broadcasting service.
Clause (3)(c)
Clause 3(c) of the instrument inserts Attachment 8.1 into the Bendigo LAP. This new attachment contains the definition of the new Bendigo RA4 licence area in terms used by the ABS in the 2001 Census.
Clause (3)(c) also inserts Attachment 8.2 into the Bendigo LAP. This attachment contains technical specifications for a new community radio broadcasting service that is available in the new Bendigo RA4 licence area under service licence number SL1130029.
Clause (3)(c) also inserts Attachment 9.1 into the Bendigo LAP. This new attachment contains the definition of the Bendigo RA5 licence area in terms used by the ABS in the 2001 Census.
Clause (3)(c) also inserts Attachment 9.2 and Attachment 9.3 into the Bendigo LAP. These attachments contain technical specifications for two new community radio broadcasting services that are to be available at Bendigo City (that is, the new Bendigo RA5 licence area) under service licence numbers SL1130052 and SL130053.
The technical specifications for the transmitters in Attachment 8.2, Attachment 9.2 and Attachment 9.3 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).