EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
© Commonwealth of Australia 2006
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Published by the Australian Communications and Media Authority
PO Box 34
BELCONNEN ACT 2616
VARIATION TO LICENCE AREA PLAN FOR CENTRAL WESTERN SLOPES 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 2 February 2006, ACMA made a variation to the Licence Area Plan for Central Western Slopes Radio. The variation was made under section 26(2) of the BSA and is referred to in this explanatory statement 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 Central Western Slopes Radio on 2 June 1997. It is referred to in this explanatory statement as “the licence area plan”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the licence area plan to:
● make five additional ABC national radio broadcasting services available to serve the area of Dubbo City in NSW; and
● make additional transmitters available for commercial radio broadcasting service with service licence number (SL) 10054 (broadcasting as 2ZOO) to serve the areas of Dubbo City and Wellington in NSW.
ACMA intends the effect of the variation to:
● provide additional ABC national radio services in Dubbo City.
● rectify deficiencies in reception and improve coverage in Dubbo City and Wellington of the commercial radio broadcasting service known as 2ZOO.
The instrument also updates the description of the licence areas referred to in the licence area plan as Dubbo RA1, Dubbo RA2 and Cobar RA1. ACMA intends the effect of the variation to redefine these licence areas in the terms used by the Australian Bureau of Statistics in the most recent Census. The variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. ACMA does not intend that the licence areas are to be altered in a substantial way.
The instrument also makes minor and technical variations to the licence area plan to:
- correct previous drafting errors; and
- delete information, that was included for reference only, that does not form part of the licence area plan and which may be confusing.
ACMA intends the effect of the minor and technical variations to be to clarify the rights and obligations of radio broadcasting licensees in the Central Western Slopes area of Australia. ACMA does not intend the variation to alter those rights and obligations.
Consultation
Before making a decision to vary the licence area plan, ACMA undertook the following steps by way of consultation:
- On 4 November 2005, ACMA published the following papers on its website:
- a proposed variation to the licence area plan in the same form as the instrument; and
- an explanatory paper about the changes proposed and inviting public comment by 25 November 2005.
- On 9 November 2005, ACMA placed an advertisement in the “Dubbo Daily Liberal” 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.
- ACMA wrote to licensees providing radio broadcasting services to the Dubbo RA1 licence area to advise them of the release of the draft variation and explanatory paper and to invite their comments.
- ACMA wrote to licensees providing radio broadcasting services in adjacent licence areas to the Dubbo RA1 licence area to advise them of the release of the draft variation and explanatory paper and to invite their comments.
- ACMA 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, Commercial Radio Australia, Broadcast Australia, Digital Broadcasting Australia, AirServices Australia, to advise them of the release of the draft variation and explanatory paper and to invite their comments.
ACMA did not receive any submissions on the draft variation.
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 in clause (2) of the determination in the licence area plan to change the number of national radio services available from four to nine.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (5). Clause (5) will ensure that references in the determination to schedules and attachments are references to schedules and attachments that have been amended from time to time by ACMA.
Clause (2) of the instrument deletes the six paragraphs marked with dot points under the heading “SCHEDULES” following the determination in the licence area plan. The paragraphs contained information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3) of the instrument varies the schedules to the licence area plan. The schedules set out details of the commercial radio broadcasting services that are to be available on particular frequencies in the licence areas defined in attachments to the licence area plan. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the radio broadcasting services and specifies the attachments to the licence area plan that contains the technical specification for each of those transmitters.
Clause (3)(a) of the instrument deletes Schedule One of the licence area plan and substitutes an updated schedule. The updated schedule refers to the attachments which contain the technical specifications for the transmitters for:
- the national broadcasting services to serve Dubbo City; and
- the additional transmitters, referred to above, for the commercial radio broadcasting service operating as 2ZOO.
Clause (4)(a) of the instrument deletes Attachment 1.1 of the licence area plan and substitutes Attachment 1.1 of the instrument. Attachment 1.1 of the instrument contains a definition of the Dubbo RA1 licence area for the commercial radio broadcasting services in Dubbo in terms used by the Australian Bureau of Statistics at its most recent Census. The variation does not substantially alter the boundary of this existing licence area
Clause 4(b) of the instrument inserts Attachments 1.13, 1.14, 1.15, 1.16 and 1.17 of the instrument into the licence area plan after Attachment 1.11. The attachments contain the technical specifications for the additional national radio broadcasting service to serve the Dubbo City area.
Clause 4(c) of the instrument inserts Attachments 1.18 and 1.19 of the instrument into the licence area plan after Attachment 1.5. The attachments contain the technical specifications for the additional transmitters for the commercial radio broadcasting service operating as 2ZOO to serve Dubbo City and Wellington.
Clause 4(d) of the instrument omits Attachments 2.1 from the licence area plan and substitutes Attachments 2.1 of the instrument. Attachment 2.1 of the instrument contains a definition of the Dubbo RA2 licence area for the community radio broadcasting service (SL 10052) in terms used by the Australian Bureau of Statistics at its most recent Census. The variation does not substantially alter the boundary of this existing licence area.
Clause 4(e) of the instrument omits Attachment 3.1 from the licence area plan and substitutes Attachment 3.1 of the instrument. Attachment 3.1 of the instrument contains a definition of the Cobar RA1 licence area in terms used by the Australian Bureau of Statistics at its most recent Census. The variation does not substantially alter the boundary of this existing licence area.