Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Bunbury Radio – No. 1 of 2010 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 (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The AMCA has made a variation to the licence area plan (LAP) for Bunbury 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 plans 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 Licence Area Plan for Bunbury Radio on 12 November 1996. It is referred to in this explanatory statement as “the Bunbury LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of broadcasting services in the Bunbury area by:

• making AM frequency 1152 kHz available in Busselton for a national Parliamentary News Network/News Radio (PNN) service;
• changing the technical specification of the national radio broadcasting service 6RN at Busselton to change the frequency from 1224 kHz to 1269 kHz;
• changing the technical specification of the national radio broadcasting service 6BS at Busselton on 684 kHz, to increase the maximum effective radiated power (ERP) from 4 kW to 5 kW;
• making FM frequencies 96.7 MHz and 100.3 MHz available in Collie and Margaret River respectively for two commercial translators for 6BUN;
• making FM frequency 101.5 MHz available in Augusta for a commercial translator for 6TZ;
• making AM frequency 1593 kHz available in Collie for a high power open narrowcasting  (HPON) service;
• altering the category of service of a planned but unallocated community radio broadcasting service in Bunbury to an HPON service on 855 kHz; and
• making available FM frequencies 96.5 MHz at Augusta, and 97.1 MHz at Harvey for two long term community radio broadcasting services.

The instrument also deletes and inserts information, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to correct drafting errors. The instrument also updates each of the licence area definitions so that they are defined in terms of the Australian Bureau of Statistics’ (ABS) 2006 census data.

The intended effect of this variation is to clarify the number and characteristics, including technical specifications, of radio broadcasting services in the Bunbury area. The ACMA does not intend the variation to alter any existing rights and obligations materially, 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 regulation 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 has issued an exemption reference number 2010/11698.

Consultation and submissions

Before varying the Bunbury LAP, the ACMA undertook the following consultation:

On 13 July 2010, the ACMA published the following papers on its web site:

• a draft variation to the Bunbury LAP;
• an explanatory paper about the changes proposed in the draft variation to the Bunbury LAP, a licence area designation (LAD) and frequency allotment plan (FAP) for Bunbury Radio, inviting public comment by Friday 13 August 2010; and
• a media release announcing the proposed draft variation to the Bunbury LAP.

On 19 July 2010, the ACMA wrote to the licensees providing radio broadcasting services to the Bunbury region to advise them of the release of the draft variation to the Bunbury LAP and to invite their comments.

On 21 July 2010, the ACMA placed an advertisement in the “Bunbury Mail” newspaper outlining the effect of the draft variation on the Bunbury LAP, providing details of how to obtain copies of the draft variation, how to access it on the ACMA’s web site and inviting public comment.

The ACMA received two submissions on the draft variation to the Bunbury LAP, FAP and accompanying explanatory paper.

Description of the provisions of the instrument

Clause (1)

Clause (1) identifies the power under which the ACMA makes the instrument, being subsection 26(2) of the BSA.

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Bunbury Radio – No. 1 of 2010.

Clause (3)

Clause (3) provides that the instrument commences the day after it is registered on the Federal Register of Legislative Instruments.

Clause (4)(a)

Clause (4)(a) of the instrument deletes the heading “November 1996” from the front page of the LAP. The information was included for ease of reference only, but may be confusing.

Clause (4)(b)

Clause (4)(b) of the instrument numbers each of the paragraphs of the Bunbury LAP consecutively as clauses (1), (2), (3), (4) and (5).

Clause (4)(c)(i)

Clause (4)(c)(i) of the instrument amends clause (2) of the Bunbury LAP to add an additional national radio broadcasting service in Busselton and an open narrowcasting radio service in each of Bunbury and Collie.  

Clause (4)(c)(ii)

Clause (4)(c)(ii) of the instrument amends clause (2) of the Bunbury LAP to correct a previous drafting error by substituting the words “Bridgetown area” with “Bunbury area”.

Clause (4)(c)(iii)

Clause (4)(c)(iii) of the instrument omits the words “Attachments 1.2 – 1.16” and substitutes the words “Attachments 1.2 – 1.22” in clause (2) of the Bunbury LAP in order to reflect the addition of Attachments 1.17 – 1.22 which are described further at clause (4)(k).

Clause (4)(d)

Clause (4)(d) of the instrument omits the words “Schedule Two” and substitutes the words “Schedule Three” in clause (4) of the Bunbury LAP. This amendment corrects a previous drafting error.

Clause (4)(e)(i)

Clause (4)(e)(i) of the instrument omits the words “Schedule Two” and substitutes the words “Schedule Four” in clause (5) of the Bunbury LAP in order to refer to the amended Schedule for the community radio broadcasting service in Harvey. This amendment corrects a previous drafting error.

Clause (4)(e)(ii)

Clause (4)(e)(ii) of the instrument omits the words “Attachment 2.2” and substitutes the words “Attachment 4.2” in clause (5) of the Bunbury LAP. This amendment corrects a previous drafting error.

Clause (4)(f)

Clause (4)(f) of the instrument inserts new clauses (6) and (7) after clause (5) of the Bunbury LAP. The new clause (6) reflects the addition of a new community radio broadcasting service which is to be provided in the new Augusta RA1 licence area, and is described further at clause (4)(k).

The new clause (7) of the Bunbury LAP will ensure that the LAP refers to Schedules and Attachments as amended from time to time.

Clause (4)(g)

Clause (4)(g) of the instrument omits all text appearing immediately under the heading “SCHEDULES” in the Bunbury LAP (including the heading itself). The information was included for reference only and is not relevant or necessary.

Clause (4)(h)

Clause (4)(h) of the instrument omits Schedules One to Four to the Bunbury LAP. These schedules previously set out the details of the national, commercial and open narrowcasting services available in Bunbury (Schedule One) and community radio broadcasting services at Bunbury (Schedule Two), Collie (Schedule Three) and Margaret River (Schedule Four).

Clause (4)(i)

Clause (4)(i) of the instrument inserts new Schedules One to Five to the Bunbury LAP. These Schedules set out the details of the national, commercial and community radio broadcasting services and the open narrowcasting radio services that are to be available in the Bunbury LAP.

In particular, the Schedules provide the technical specification numbers for each transmitter to be used by the services in each licence area in the Bunbury LAP, and specify the Attachments that contain the technical specifications for each of those transmitters.

The changes from the previous Schedules include omitting the words “November 1996” from each of the headings, and inserting a new column that identifies the frequency used by each national, commercial and community radio broadcasting services, and open narrowcasting radio services.

The new Schedule One has added technical specifications for a new national radio broadcasting service at Busselton, a new FM translator for the existing commercial radio broadcasting service with the service licence number SL10404 at Augusta and new FM  translators for the existing commercial radio broadcasting service with the service licence number SL10043 at Collie and Margaret River.

It also makes reference to a new open narrowcasting radio service at Attachment 1.21. This new service was previously planned as a community radio broadcasting service and was determined at Schedule Two and Attachment 2.2 of the Bunbury LAP.

The new Schedule One has also added technical specifications for a new open narrowcasting radio service at Collie. This new service is described further at clause (4)(k).

The new Schedule Two sets out the details of the existing community radio broadcasting service that is available in the Collie RA1 licence area and was previously described at Attachments 3.1 and 3.2 of the Bunbury LAP.

The new Schedule Three sets out the details of the existing community radio broadcasting service that is available in the Margaret River RA1 licence area and was previously described at Attachments 4.1 and 4.2 of the Bunbury LAP.

The new Schedule Four provides the technical specification numbers for the transmitter to be used by the new community radio broadcasting service in the Harvey RA1 licence area and specifies the Attachment which contains the technical specification for this transmitter.

The new Schedule Five provides the technical specification numbers for the transmitter to be used by the new community radio broadcasting service in the Augusta RA1 licence area and specifies the Attachment which contains the technical specification for this transmitter.

Clause (4)(j)

Clause (4)(j) of the instrument omits Attachments 1.1 to 4.2 of the Bunbury LAP. Attachments 1.1, 2.1, 3.1 and 4.1 contained the definitions of the Bunbury RA1, Bunbury RA2, Collie RA1 and Margaret River RA1 licence areas in terms defined by the ABS, using 1991 census data.

Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16 , 2.2, 3.2 and 4.2 contained the technical specifications for each transmitter to be used by the radio services in each of the Bunbury RA1, Bunbury RA2, Collie RA1 and Margaret River RA1 licence areas.

Clause (4)(k)

Clause (4)(k) of the instrument inserts new Attachments 1.1, 2.1, 3.1, 4.1 and 5.1. These Attachments contain the definitions of the existing Bunbury RA1, Collie RA1 and Margaret River RA1 and the new Harvey RA1 and Augusta RA1 licence areas in terms defined by the ABS, using 2006 census data.

The definitions for the Collie RA1 and Margaret River RA1 licence areas were previously made available at Attachments 3.1 and 4.1 to the Bunbury LAP. As a result of the omission of the Bunbury RA2 licence area, which was previously described at Attachment 2.1, the definitions for the Collie RA1 and Margaret River RA1 licence areas are now described at Attachments 2.1 and 3.1 respectively.

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, 1.13, 1.14, 1.15 and 1.16 contain the technical specifications for each transmitter to be used by the existing radio services in the Bunbury RA1 licence area.

Attachments 1.2 and 1.3 now reflect the height of the relevant transmitters updated to reflect the actual operating conditions for these services on the advice of the ABC. The change in antenna height does not change the planned performance of these two services.

The specification numbers at Attachments 1.4 and 1.5 have been updated to reflect the actual specification numbers contained in the ACMA’s database of technical specifications. Attachment 1.4 has also had its maximum ERP updated to show a maximum power level of 5 kW instead of the previous 4 kW. This increase will allow the licensee to provide a better level of coverage and increase the quality of reception of this service and will match the power level operated by other national radio broadcasting services in the Bunbury LAP.

The carrier frequency for the national radio broadcasting service at Attachment 1.5 has changed from 1224 kHz to 1269 kHz. This change will increase the separation of the new national radio broadcasting service at Attachment 1.20 to 117 kHz. This change will make the implementation of the new national radio service less complicated and will not change the planned performance of the service. The maximum CMF at Attachment 1.5 has been decreased from 920 V to 885 V to reflect the actual operating conditions of this service. The change in power level does not change the planned performance of this service.

The radiation pattern of the transmitter specified in Attachment 1.11 has been updated to provide a more accurate description and to reflect the actual operating conditions of this service. This information is updated for ease of reference only and does not signify a change in the radiation pattern.

The new Attachments 1.17 and 1.18 contain the technical specifications for two new transmitters for the commercial radio broadcasting service that are available in Collie and Margaret River under the service licence number SL10043.

The new Attachment 1.19 contains the technical specifications for a new transmitter for the commercial radio broadcasting service that is available in Augusta under the service licence number SL10404.

The new Attachment 1.20 contains the technical specifications for a transmitter for the new national radio broadcasting service that is available in Busselton for the ABC to provide its PNN service.

The new Attachments 1.21 and 1.22 contain the technical specifications for transmitters for two new open narrowcasting services that are available in Bunbury and Collie, respectively.

The new Attachment 2.1 contains the definition of the existing Collie RA1 licence area and is updated using 2006 census data. Attachment 2.2 contains the technical specifications for the existing community radio broadcasting service that is available in Collie under service licence number SL10062. The technical specifications for the transmitter at Attachment 2.2 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). These Attachments were previously described at Attachments 3.1 and 3.2 of the Bunbury LAP.

The new Attachment 3.1 contain the definition of the existing Margaret River RA1 licence area and is updated using 2006 census data. Attachment 3.2  contains the technical specifications for the existing community radio broadcasting service that is available in Margaret River under service licence number SL10068. The technical specifications for the transmitter at Attachment 3.2 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). These Attachments were previously described at Attachment 4.1 and 4.2 of the Bunbury LAP.

The maximum CMF at the new Attachment 3.2 has been updated to reflect the actual operating conditions of this service. The change in power does not change the planned performance of this service.

The new Attachment 4.1 contains the definition of the new Harvey RA1 licence area using 2006 census data. Attachment 4.2  contains the technical specifications for a new community radio broadcasting service that is available in Harvey under service licence number SL1130120. The technical specifications for the transmitter at Attachment 4.2 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).

The new Attachment 5.1 contains the definition of the new Augusta RA1 licence area using 2006 census data. Attachment 5.2 contains the technical specifications for a new community radio broadcasting service that is available in Augusta under service licence number SL1130119. The technical specifications for the transmitter at Attachment 5.2 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).

The site tolerance and nominal location specified in Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 2.2 and 3.2 have been updated so that the site tolerance refers to the Broadcasting Services (Technical Planning) Guidelines 2007 and the nominal location more accurately describes the location of the transmitter. This information is updated for ease of reference only and the change to the nominal location does not signify a change in broadcast site.

The notes to Attachments 1.4, 1.5, 1.8, 1.9, 1.10, 1.12, 1.13, 1.14, 1.15, 1.16, 2.2 (previously 3.2), and 3.2 (previously 4.2) have been deleted. These notes were included for reference only and their continued inclusion may be confusing.