LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Brisbane analog television made under the Broadcasting Services Act 1992
On 12 May 2005, the Australian Broadcasting Authority (the ABA) made a variation to the Licence Area Plan for Brisbane Analog Television. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement 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 Brisbane Analog television on 21 November 2002. It is referred to in this explanatory paper as “the licence area plan”.
Intended impact and effect
The instrument varies the technical specifications with which television broadcasting services in the Brisbane Licence Area must comply by:
- changing the frequency on which commercial television broadcasting service SL111 operating as TVQ (the commercial television service) may be transmitted to the general area of the Sunshine Coast.
- increasing the maximum power of the transmission of the community television broadcasting service SL1150810 operating as Briz31 (the community television service) serving the general area of Brisbane.
In relation to the commercial television service, the ABA intends the effect of the variation to be to provide a service that is better able to be received in the Sunshine Coast area than it otherwise would have been.
In relation to the community television service, the ABA intends the effect of the variation to be to provide a service with a stronger signal, to remedy deficiencies in the reception of that service in some parts of the Brisbane licence area.
Consultation
On 11 October 2004, the ABA received an unsolicited request from the licensee of the community television service to vary the licence area plan to increase the power with which the service may operate. On 10 February 2005, the ABA received an unsolicited request from the licensee of the commercial television service operating as TVQ at the Sunshine Coast to vary the licence area plan to change the frequency on which the service may operate.
Before making its decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:
- On 11 March 2005, the ABA published the following papers on its website:
- a draft variation to the licence area plan, proposing to increase the maximum effective radiated power of the community television service and change the frequency for transmission of the commercial television service; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 31 March 2005.
- On 18 March 2005, the ABA placed an advertisement in the Brisbane Courier Mail newspaper and on the 21 March 2005 in the Sunshine Coast Daily newspaper outlining the effect of the draft variation on the licence area plan, providing details of how to obtain copies of the draft variation and how to access it on the ABA’s website, and inviting public comment.
- The ABA wrote to licensees of television and radio broadcasting services serving the Brisbane licence area (including the Sunshine Coast area) to advise them of the release of the draft variation and explanatory paper and to invite their comments.
- The ABA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, the Australian Subscription Television and Radio Association and Commercial Radio Australia, Broadcast Australia, Digital Broadcasting Australia, AirServices 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 no comment on the draft variation 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 the determination in the licence area plan 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 deletes page 4 of the licence area plan. The page contains information, included for reference only, that does not form part of the licence area plan and which may be confusing.
Clause (3) of the instrument updates Schedule One to the licence area plan. Schedule One sets out some details of the television broadcasting services made available in the licence area plan, including its channel, its service licence number and the transmitter specification number for the service’s transmitter. It also specifies the attachment which contains the technical specification for the transmitter for each service.
The variation updates Schedule One of the principal:
- to show that the community service has been allocated a call sign;
- to provide new transmitter specification numbers for the commercial and community services;
- to indicate that the commercial service may be transmitted on a different frequency (that is, channel 57) to the Sunshine Coast area; and
- to delete column three which contained information, included for reference only, that did not form part of the licence area plan and which may be confusing.
The schedule is not changed in any other material way.
Clauses 4(a) and (b) of the instrument delete attachments 5.6 and 6.1 of the licence area plan and substitute attachments 5.6 and 6.1 of the instrument. Attachments 5.6 and 6.1 to the licence area plan contains the technical specification for the transmitters for the commercial and community services respectively. The technical specifications include:
- the nominal location of the transmitter;
- the frequency on which the service may be transmitted;
- other emission details; and
- the output radiation pattern (including power limitations).
Attachment 5.6 of this instrument specifies that the community service will transmit on frequency 730.224 MHz (Channel 57). Prior to the variation having effect, the licence area plan specified that it will be transmitted on frequency 804.224 MHz (Channel 69).
Attachment 6.1 of this instrument provides for the maximum power of the transmission of the community service to be the service to be 710kW. Prior to the variation, the maximum power specified in the licence area plan was 100 kW.