Explanatory Statement |
Section 26 Legislative Instruments Act 2003 Variation to Licence Area Plan for Canberra Radio – No.1 of 2009 |
December 2009 |
Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation to Licence Area Plan for Canberra 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).
The ACMA has made a variation to the Licence Area Plan (LAP) for Canberra Radio. The variation was made under section 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The LAP 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 Canberra Radio on 17 June 1999. It was varied on 2 November 2003 and 27 April 2006. It is referred to in this explanatory statement as “the Canberra LAP”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the characteristics, including technical specifications, of broadcasting services in the Canberra area by:
- establishing a translator service and making additional channel capacity available for the community radio broadcasting service on 107.9 MHz, 1CMS, operating under licence number SL1150192, in order to extend coverage across Tuggeranong, particularly ‘black spots’ near Mt Taylor;
- varying the transmission site and modifying the radiation pattern of the open narrowcasting service (ONC) on 1323kHz, in order to facilitate commencement of this service; and
- changing the FM frequency of the community radio broadcasting service in Williamsdale, 2QBN, from 107.7 MHz to 107.5MHz, in order to make additional channel capacity available at this frequency to 1CMS.
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 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 ACMA additionally makes some minor changes intended to clarify the characteristics, including technical specifications, of radio broadcasting services in the Canberra area. The ACMA does not intend the variation to significantly alter any existing rights and obligations, except as set out above.
Regulatory impact analysis
The ACMA has considered whether a regulatory impact statement is required and formed the view that the recommendations in the instrument would give rise to a regulatory obligation, and had undertaken a regulatory analysis process. The ACMA has formed the view that the proposed regulation is likely to have no or low impact on business or the economy, and a regulation impact statement is not necessary in relation to the regulatory proposal.
Consultation and submissions
Before varying the Canberra LAP, the ACMA undertook the following consultation:
- On 6 October 2009, the ACMA published the following papers on its web site:
- a draft variation to the Canberra LAP;
- an explanatory paper about the changes proposed in the draft variation to the Canberra LAP, inviting public comment by 4 November 2009; and
- a media release announcing the proposed draft variation to the Canberra LAP.
On 6 October 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Canberra region to advise them of the release of the draft variation to the Canberra LAP and to invite their comments.
On 7 October 2009, the ACMA placed an advertisement in ‘The Canberra Times’ newspaper outlining the effect of the draft variation on the Canberra LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s web site, and inviting public comment.
The ACMA received no submissions on the draft variation to the Canberra LAP 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 section 26(2) of the BSA.
Clause (2)
Clause (2) names the instrument the Variation to the Licence Area Plan for Canberra Radio – No. 1 of 2009.
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 amends Clauses (1) to (9) so that the numbers of the attachments in the determination are presented in the same format as numbers of the attachments contained in the Canberra LAP. This information has been updated to ensure uniformity across the Canberra LAP.
Clause (4) (b)
Clause (4) (b) of the instrument replaces Schedule One and Schedule Two of the Canberra 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 on particular frequencies in the Canberra LAP in the Canberra RA1 licence area and the Queanbeyan RA1 licence area. In particular, the schedules provide the technical specification numbers for each transmitter to be used by the services in each licence area, and specify the attachments which contain the technical specifications for each of those transmitters. These make the substantive changes, mentioned above, in relation to 1CMS and 2QBN.
Additional changes include removing the words “April 2006” from the heading of Schedule One, removing the words “June 1999” from the headings in Schedule Two, Schedule Three and Schedule Four, and removing the words “November 2003” from the heading in Schedule Five. The information was included for ease of reference only, but may be confusing.
Clause (4) (c)
Clause (4) (c) of the instrument removes Attachment 1.1, Attachment 2.1, Attachment 3.1, Attachment 4.1 and Attachment 5.1 of the Canberra LAP and substitutes in the corresponding places the attachments of the instrument having those same numbers. These new attachments contain the definitions of the Canberra RA1, Queanbeyan RA1, Yass RA1, Tuggeranong RA1 and Canberra RA2 licence areas, in terms of areas defined by the ABS, using 2006 census data. The licence areas themselves remain unchanged.
Clause (4) (c) of the instrument also removes the remaining attachments and substitutes in the corresponding places the attachments of the instrument. These new attachments contain the technical specifications for each transmitter to be used by the radio services in the Canberra LAP. The site tolerance has been updated in each of these attachments to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only.
Additional changes to these attachments have been made to remove the words “Radio – June 1999”, “Radio – November 2003” or “Radio – 6 November 2003” from the headings in each attachment. The information was included for ease of reference only but may be confusing.
The nominal location of the transmitter specified in each of Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.12, Attachment 1.23, Attachment 1.24, Attachment 1.30, and Attachment 3.2 has been updated to reflect the actual transmitter site name. This information has been updated for ease of reference only and does not signify a change in broadcast site.
Clause (4) (c) has additionally removed the special condition from Attachment 1.4. When the Canberra LAP was varied in 2003, a special condition was added to Attachment 1.4, which provided that transmission of the service described would cease upon commencement of the radio broadcasting services described under Attachments 1.21 and 1.22. As the services described under Attachments 1.21 and 1.22 have commenced, the special condition described at Attachment 1.4 is now redundant and has been removed. Attachment 1.4 describes the technical specifications for a national radio broadcasting service provided by the Special Broadcasting Service that is available in Canberra.
Clause (4) (c) of the instrument also replaces Attachment 1.32 of the Canberra LAP. The new Attachment 1.32 contains technical specifications for the proposed open narrowcasting service described under the specification number TS1133028 for the area of Canberra. The characteristics of the technical specifications for the transmitter have changed by varying the nominal location of the transmitter site from Barton Highway, Gungahlin to Gungahlin Drive, Kaleen. The new Attachment 1.32 also modifies the radiation pattern of the proposed service. A special condition has been added to the attachment providing a definition of coverage areas in relation to directional radiation patterns. A note has also been added providing an explanation of daytime coverage radius.
Clause (4) (c) of the instrument also replaces Attachment 2.3 of the Canberra LAP. The new Attachment 2.3 contains technical specifications for the community radio broadcasting service available at the Queanbeyan RA1 licence area under the service licence number SL1150158 for the area of Williamsdale. The characteristics of the technical specifications for the transmitter have changed by varying the carrier frequency of this service from 107.7 MHz to 107.5 MHz, as mentioned above.
Clause (4) (d)
Clause (4) (d) of the instrument inserts Attachment 1.33 into the instrument. The new Attachment 1.33 contains the technical specifications for the new translator service to be made available for community radio broadcasting service under service licence number 1150192 to the area of Tuggeranong, as mentioned above.