Licence Area Plan - Bundaberg Radio - Variation No. 1 of 2011

Administered by Department of Communications and the Arts

Legislation au F2011L00453 Not in force Legislative Instrument

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Explanatory Statement

Section 26 Legislative Instruments Act 2003
Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011

February 2011

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Published by the Australian Communications and Media Authority

Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011 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 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The ACMA made a variation to the licence area plan (LAP) for Bundaberg radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.

The LAP

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 Bundaberg Radio on 5 February 1998. It is referred to in this explanatory statement as “the Bundaberg LAP”.

Intended Impact and Effect

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

> making the FM frequency 97.7 MHz with a maximum effective radiated power (ERP) of 10 kilowatts with a directional antenna pattern available at Wide Bay for a new national radio broadcasting service

> making the FM frequency 96.3 MHz with a maximum ERP of 200 watts with an omni-directional pattern, available at Bundaberg for a community radio broadcasting service; and

> determining the new Bundaberg RA2 licence area using 2006 census data.

The instrument also deletes some material, included for reference only that does not form part of the LAP and which may create confusion, and also makes some minor amendments to revise the drafting of the Bundaberg LAP.

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 impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Bundaberg area. The ACMA does not intend the variation to alter any existing rights and obligations, 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: 2011/12205.

Consultation

Before making a decision to vary the Bundaberg LAP, the ACMA undertook the following consultation:

On 24 November 2010, the ACMA published the following papers on its web site:

> a Draft Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011, a Draft Variation to the Frequency Allotment Plan and a Draft Licence Area Designation;

> an Explanatory Paper outlining the changes proposed in the Draft Variation and inviting public comment by 24 December 2010; and

> a media release announcing the draft variation.

On 25 November 2010, the ACMA wrote to the licensees providing radio broadcasting services in the Bundaberg and adjacent licence areas, to advise them of the release of the draft variation and to invite their comments by 24 December 2010.

On 26 November 2010, the ACMA placed an advertisement in the “Bundaberg News Mail” newspaper announcing the draft variation. The advertisement provided details of where to obtain copies of the draft variation and invited public comment by 24 December 2010.

Submissions

The ACMA received one submission on the Draft Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011, from Bundaberg Burnett Community Broadcasting Association Inc, the current licensee of the temporary community broadcasting service in Bundaberg, Qld.

Description of the provisions of the instrument

Clause (1)

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

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Bundaberg Radio – No. 1 of 2011.

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) removes the words “FEBRUARY 1998” from the front page of the Bundaberg LAP.

Clause (4)(b)

Clause (4)(b) of the instrument numbers each of the clauses of the Bundaberg LAP consecutively as Clauses (1) and (2).

Clause (4)(c)

Clause (4)(c) of the instrument replaces Clause (2) of the Bundaberg LAP to insert new words “Attachment 1.12” into the clause. This addition will increase the number of national radio broadcasting services to be available in the Bundaberg RA1 licence area by one, to allow for a national service at Wide Bay in the Bundaberg area of Queensland that the Australian Broadcasting Corporation has indicated will be used for a Parliamentary News Network/NewsRadio service at.

The new Attachment 1.12 is described further below under the heading “Clauses (4)(h) and (4)(i)”.

Clause (4)(c) of the instrument also inserts a new Clause (3) into the Bundaberg LAP that will reflect the addition of a new community radio broadcasting service to be available in Bundaberg described at Attachments 2.1 and 2.2.

The new Attachments 2.1 and 2.2 are described further below under the heading “Clauses (4)(h) and (4)(i)”.

Clause (4)(c) of the instrument also inserts a new Clause (4) into the Bundaberg LAP that will ensure that it refers to schedules and attachments that have been amended from time to time by the ACMA.

Clause (4)(d)

Clause (4)(d) of the instrument omits all text appearing immediately under the heading “SCHEDULES” in the Bundaberg LAP (including the heading itself). This material was originally included in the LAP for reference only and is no longer considered relevant or necessary.

Clause (4)(e)

Clause (4)(e) of the instrument replaces Schedule One to the Bundaberg LAP. This schedule sets out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Bundaberg RA1 licence area.

In particular, the schedule provides the technical specification numbers for each transmitter to be used by the services in the licence area, and specifies the attachments which contain the technical specification for each of those transmitters.

The changes from the previous Schedule One are the removal of the words “FEBRUARY 1998” from the heading of the Schedule and the column titled “Status”.

The status column indicated whether each of the services referred to in the Schedule was ‘licensed’ or ‘available’. This information, originally included for reference only, if left in the LAP may create confusion.

Clause (4)(f)

Clause (4)(f) of the instrument deletes all text immediately following Schedule One up to and including the words: “The frequency shown is the centre frequency of the channel”. This material was originally included in the LAP for reference only and is no longer considered relevant or necessary.

Clause (4)(g)

Clause (4)(g) inserts Schedule Two into the Bundaberg LAP. This schedule sets out the details of the new community radio broadcasting service that is to be available in the Bundaberg RA2 licence area and specifies the attachment which contains the technical specification for its transmitter.

Clauses (4)(h) and Clause (4)(i)

Clause (4)(h) of the instrument removes Attachments 1.1 to 1.11 and Clause (4)(i) inserts new Attachments 1.1 to 2.2 into the Bundaberg LAP in their place.

The new Attachment 1.1 contains the definition of the Bundaberg RA1 licence area in terms used by the ABS in the 2006 Census, but otherwise remains unchanged.

Attachments 1.2 to 1.11 detail the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Bundaberg RA1 licence area.

The new Attachments 1.2 to 1.11 detail the same services that were available in the removed attachments, except with the following changes (where appropriate):

> the words “February 1998” removed from the headings to the attachments in which they appear;

> the site tolerance field updated to refer to the Broadcasting Services (Technical Planning) Guidelines 2007; and

the nominal locations of the transmitter specified updated to provide a more accurate description of the transmitter site. This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.

New Attachment 1.12 contains the technical specifications for the new national radio broadcasting service to be available at Wide Bay in the Bundaberg RA1 licence area.

The technical specifications for the transmitters in described in Attachments 1.2 to 1.12 and 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).

New Attachment 2.1 contains the definition of the new Bundaberg RA2 licence area in terms used by the ABS in the 2006 Census.

New Attachment 2.2 contains the technical specifications for a new community radio broadcasting service that is available in the new Bundaberg RA2 licence area under service licence number SL1130138.

Overview

The Broadcasting Services Act 1992 was enacted to provide a framework for the regulation of broadcasting services in Australia, addressing gaps in the management and oversight of radio and television broadcasting. The Act was passed by the Australian Parliament and its primary policy objective was to establish a regulatory system that ensures the efficient use of the radio spectrum while maintaining high standards of broadcasting services. In February 2011, the Australian Communications and Media Authority (ACMA) made a variation to the Licence Area Plan for Bundaberg Radio, under the authority granted by subsection 26(2) of the Broadcasting Services Act 1992. This variation aimed to update the technical specifications and characteristics of radio broadcasting services in the Bundaberg area, including defining new frequency allocations and power outputs for both national and community radio services, and revising licence area definitions based on 2006 census data. The ACMA undertook public consultation before making this decision, seeking feedback on draft variations and adjustments to the plan.

Scope and Application

The Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011 applies to the regulation of radio broadcasting services in the Bundaberg area of Queensland. The legislation modifies the existing Licence Area Plan (LAP) for Bundaberg radio, which was initially established by the Australian Broadcasting Authority (ABA) on 5 February 1998. Since 1 July 2005, the Australian Communications and Media Authority (ACMA) has exercised the powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the ABA. The instrument made under the BSA aims to update and clarify the characteristics, including technical specifications, of radio broadcasting services in the Bundaberg area. The instrument does not alter any existing rights and obligations, except as specified in the document. The variation impacts the number and characteristics of broadcasting services available in particular areas of Australia, including the introduction of a new national radio broadcasting service at Wide Bay and a new community radio broadcasting service in Bundaberg. The ACMA also made minor amendments to the Bundaberg LAP to revise the drafting and update the licence area definitions using 2006 census data from the Australian Bureau of Statistics (ABS). The instrument does not introduce any exclusions, exemptions, or thresholds; however, it does remove some material included for reference only that may create confusion. The instrument's application is limited to the Bundaberg area of Queensland, and it does not extend to other areas or jurisdictions within Australia.

Key Provisions

The key provisions of the legislation under consideration pertain to the variation of the Bundaberg Radio Licence Area Plan (LAP) and are encapsulated in sections 26(1) and 26(2) of the Broadcasting Services Act 1992 (BSA). Under section 26(1) of the BSA, the Australian Communications and Media Authority (ACMA) is tasked with preparing LAPs, which determine the number and characteristics, including technical specifications, of broadcasting services available in specific areas of Australia. Section 26(2) empowers the ACMA to vary these LAPs through legislative instruments. The instrument in question, the Variation to the Licence Area Plan for Bundaberg Radio – No. 1 of 2011, made under subsection 26(2) of the BSA, modifies the characteristics and technical specifications of radio broadcasting services in the Bundaberg area. The obligations imposed by this Act on the parties and entities it governs include the requirement for ACMA to prepare and periodically update LAPs, ensuring they reflect the latest technical specifications and geographical data. These plans must be made publicly available and subject to consultation with relevant stakeholders. The ACMA must also ensure that any variations to LAPs do not alter existing rights and obligations of broadcasters unless explicitly stated. Furthermore, the ACMA must consider the potential impact of its decisions on the broadcasting services and consult with stakeholders, as evidenced by the public consultation process outlined in the instrument. In terms of consequences for non-compliance, the legislation itself does not specify offences, penalties, or civil or criminal consequences for breaching the requirements of the LAP variations. However, the BSA and associated regulations do provide a framework for enforcing compliance through administrative actions. For instance, broadcasters may be subject to enforcement actions if they fail to comply with the technical specifications outlined in the LAPs, potentially leading to fines or other penalties as prescribed under the BSA and relevant regulations. Additionally, failure to adhere to the updated LAPs could result in operational challenges or the revocation of broadcasting licenses, impacting the broadcaster's ability to operate within the specified licence area. The instrument also includes provisions that clarify and refine the technical specifications of radio services in the Bundaberg area, ensuring that broadcasters understand the parameters within which they must operate. This includes specifying the FM frequencies and effective radiated power (ERP) for new services, ensuring clear and unambiguous guidance for broadcasters. By updating the licence area definitions based on the Australian Bureau of Statistics (ABS) 2006 census data, the ACMA aims to provide a more accurate and relevant framework for broadcasting services in the region. This meticulous attention to detail is intended to prevent confusion and ensure that the broadcasting services operate within the correct parameters, maintaining the integrity and effectiveness of the broadcasting ecosystem in the Bundaberg area.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards; Compliance Obligations

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