EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Variation to Licence Area Plan – Colac Radio – No.1 of 2008
© Commonwealth of Australia 2008
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Published by the Australian Communications and Media Authority
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 – Explanatory Statement
Variation to Licence Area Plan for Colac Radio – No. 1 of 2008 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 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 21 November 2008, the Australian Communications and Media Authority (ACMA) varied the Licence Area Plan for Colac (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 (LAPs) under section 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.
ACMA may, by legislative instrument, vary LAPs under section 26(2) of the BSA.
The ABA made the LAP for Colac (Radio) on 22 June 2000. The LAP for Colac Radio determines the number and characteristics of the broadcasting services to be available within the Colac RA1 licence area. It is referred to in this explanatory statement as “the LAP”.
Intended impact and effect
The instrument makes a new national radio service available in Colac and varies the operating conditions of a community radio service in Colac by:
- making spectrum available and specifying additional technical specifications for a national radio broadcasting service to serve the general licence area of Colac; and
- changing the technical specifications of the community radio broadcasting service in the Colac licence area.
The intended impact and effect of these variations is to:
- facilitate the provision of a new national radio broadcasting service to the Colac area on the frequency currently used by a community broadcasting service; and
- facilitate the continued provision to the Colac area of the community radio broadcasting service referred to above by providing alternative technical specifications for that service.
The instrument also makes variations of a minor and administrative nature to:
- vary the definition of the licence areas so that they are described against terms used by the Australia Bureau of Statistics in the 2001 Census and are consistent with the most recent determination of populations of licence areas made under section 30 of the BSA; and
- delete information, included for reference only, that does not form part of the LAP and which may create confusion.
ACMA intends for these variations to clarify the rights and responsibilities of national and community radio broadcasting licensees in the Colac area. ACMA does not intend the variation to alter those rights and obligations.
Regulatory impact statement exemption
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the instrument has no or low regulatory impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The exemption identifier is ACMA 068.
Consultation and Submissions
Public consultation
Before making a decision to vary the licence area plan, ACMA undertook the following consultation:
On 18 August 2008, ACMA published the following papers on its website:
- a draft variation to the Colac Radio LAP;
- an explanatory paper about the changes proposed in the draft variation to the LAP, inviting public comment by 19 September 2008; and
- a media release announcing the proposed draft variation to the Colac Radio LAP.
On 18 August 2008, ACMA wrote to the licensees providing radio broadcasting services to the Colac region to advise them of the release of the draft variation to the Colac LAP and to invite their comments.
On 22 August 2008, ACMA placed an advertisement in the “Colac Herald” newspaper outlining the effect of the draft variation to the LAP, providing details of how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.
ACMA received six submissions on the draft variation to the Colac Radio licence area plan and accompanying explanatory paper.
Description of the provisions of the instrument
Clause (1)(a) of the instrument varies the text of the Determination in the LAP to number each of the paragraphs in the Determination consecutively as clauses.
Clause (1)(b)(i) and (ii) of the instrument varies the text of the Determination in the LAP to include reference to the new national broadcasting radio service.
Clause (1)(b)(iii) of the instrument varies the text of the Determination in the LAP to include the attachment containing the characteristics, including the technical specifications, of the new national broadcasting radio service to be available for the Colac area.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (3) that ensures that references to schedules and attachments include schedules and attachments that have been amended from time to time by ACMA.
Clauses (2) of the instrument deletes all text appearing immediately under the heading “Schedules” in the licence area plan (including the heading itself). The information, included for reference only, does not form part of the licence area plan and may be confusing.
Clause (3) of the instrument varies Schedule One to the licence area plan by omitting the previous Schedule One in its entirety (including the text headed ‘Disclaimer’ following Schedule One) and inserting a new Schedule One. The schedule sets out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Colac licence area. In particular, the schedule provides the transmitter specification numbers for the transmitters to be used by the services and specifies the attachments which contain the technical specification for each of those transmitters. Schedule One of the instrument includes the details of the new national service to be available for the Colac area.
Clause (4)(a) of the instrument substitutes a new Attachment 1.1 of the instrument in place of Attachment 1.1 of the LAP. The new Attachment 1.1 describes the Colac RA1 licence area in terms of an area defined by the Australian Bureau of Statistics at the Census of 5 August 2001. The variation does not substantially alter the boundaries of the existing licence area.
Clause (4)(b) of the instrument omits Attachment 1.6 of the LAP and inserts a new Attachment 1.6 to the LAP. The new Attachment 1.6 contains alternative technical specifications for a transmitter for the community radio broadcasting service to serve the Colac RA1 licence area.
Clause (4)(c) of the instrument inserts Attachments 1.9 of the instrument after Attachment 1.8 of the licence area plan. Attachment 1.9 contains the technical specifications for the transmitter for the new national radio broadcasting service to be available for the area of Colac.