EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Variation to Licence Area Plan
Canberra (Radio) – No 1 of 2006
© Commonwealth of Australia 2006
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Canberra (Radio) – No 1 of 2006 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).
On 27 April 2006, ACMA made a variation to the Licence Area Plan for Canberra Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.
The licence area plan and variations
ACMA 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.
ACMA may vary licence area plans under section 26(2) of the BSA.
The ABA made the licence area plan for Canberra Radio on 17 June 1999 and varied it on 6 November 2003. The additional variation made on 27 April 2006 is referred to in this explanatory statement as “the licence area plan”.
Intended impact and effect
In relation to broadcasting services, the instrument adds a technical specification for a new high power open narrowcasting radio service in Canberra.
The instrument also makes minor and technical variations to the licence area plan to delete information that was included for reference only, that does not form part of the licence area plan and which may be confusing.
The instrument also makes variations to the licence area plan to correct previous drafting errors.
ACMA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Canberra area. ACMA does not intend the variation to alter those rights and obligations.
Consultation
In July 2004, the ABA received an unsolicited request from Tatley Pty Ltd (trading as Rete Italia) requesting that a new HPON service be made available in Canberra for which Rete Italia would bid for at auction with a view to providing a radio broadcasting service for Italian speakers.
Before making a decision to vary the licence area plan, ACMA undertook the following steps by way of consultation:
On 9 March 2006 ACMA published the following papers on its website:
- a draft variation to the licence area plan; and
- an explanatory paper about the changes proposed in the draft variation.
ACMA invited public comment by 31 March 2006.
On 11 March 2006 ACMA placed an advertisement in “The Canberra Times” newspaper outlining the effect of the draft variation on the licence area plan, providing details of how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.
Upon release of the draft variation to the licence area plan, ACMA wrote to licensees providing radio broadcasting services to the Canberra licence area to advise them of the release of the draft variation and relating explanatory paper, and to invite their comments.
ACMA also wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Commercial Radio Australia Ltd, Free TV Australia, Broadcast Australia and Air Services Australia, to advise them of the release of the draft variation and explanatory paper and to invite their comments.
ACMA received one submission 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 to number each of the paragraphs in the determination consecutively as clauses.
Clause 1(b) and (c) correct previous drafting errors. The provisions vary the determination in the licence area plan to reflect the intention of the ABA in relation to the number of national and community radio broadcasting services to be available for the Canberra area following the variation to the licence area plan on 6 November 2003.
Clause 1(d) varies clause (5) of the determination to provide for a new high power open narrowcasting radio service to be available for the Canberra area.
Clause 1(e) of the instrument corrects previous drafting errors. The variation inserts a new paragraph (9) to the determination to reflect the intention of the ABA to provide for additional technical specifications for a Canberra community radio broadcasting service following the variation to the licence area plan on 6 November 2003.
Clause 1(e) of the instrument also insert a new clause (10) into the determination. Clause (10) ensures that references to schedules and attachments include references to schedules and attachments that have been amended from time to time by ACMA.
Clause (2) of the instrument deletes text appearing under the heading “Schedule” and text following Schedule Four to the licence area plan. The information, included for reference only, does not form part of the licence area plan and may be confusing.
The schedules to the licence area plan set out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Canberra RA1, Queanbeyan RA1, Yass RA1, Tuggeranong RA1 and Canberra RA2 licence areas. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.
Clause (3)(a) of the instrument omits and substitutes Schedule One to the licence area plan. The updated Schedule One includes details of the additional open narrowcasting radio service to be available to serve the Canberra area and does not contain a status column. The status column contained information, included for reference only, that does not form part of the licence area plan and which may be confusing.
Clause 3(b) of the instrument omits and substitutes Schedules One to Four to the licence area plan. The updated schedules also do not contain status columns, but are otherwise unchanged.
Clause (3)(c) inserts Schedule Five into the licence area plan to correct a previous drafting error. The variation reflects the intention of the ABA to make an additional community radio broadcasting service available for the Canberra and Wagga Wagga areas in its variation of 6 November 2003.
Attachments to the licence area plan contain technical specifications for the transmitters to be used by services made available in the licence area plan. The technical specifications transmitters 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)
Clause (4) of the instrument inserts or omits and substitutes attachments 1.01, 1.04, 1.17, 1.20, 1.21, 1.22, 1.31, 1.32, 2.01, 2.02, 3.01. 4.01, 5.01, 5.02 and 5.03 as technical specifications for transmitters to be either varied or added. The variations:
- insert technical specifications for the new open narrowcasting service to be available for the Canberra area; and
- correct previous drafting errors in order to give effect to the intentions of the ABA in its variation of 6 November 2003.