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

Administered by Department of Communications and the Arts

Legislation au F2011L01657 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Variation to Licence Area Plan for Cooma Radio – No.1 of 2011

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).

On 8 August 2011, the ACMA made a variation to the licence area plan (LAP) for Cooma 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 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 Cooma Radio on 29 July 1999 and varied it on 6 November 2003 and 23 September 2004. It is referred to in this explanatory statement as “the Cooma LAP”.

Intended impact and effect

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

> making the FM frequency 92.5 MHz with a maximum effective radiated power (ERP) of 50 watts (W) with an omni-directional antenna pattern available at Charlotte Pass for a translator for the existing commercial radio broadcasting service 2XL;

> making the FM frequency 91.7 MHz with a maximum ERP of 50 W with an omni-directional antenna pattern available at Charlotte Pass for a translator for the existing commercial radio broadcasting service 2SKI; and

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 Cooma LAP.

The instrument 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 Cooma 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: 2011/12792

Consultation

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

On 19 May 2011, the ACMA published the following papers on its web site:

> a draft variation to the Cooma LAP and a draft variation to the frequency allotment plan;

> an Explanatory Paper outlining the changes proposed in the draft variation to the Cooma LAP and inviting public comment by 17 June 2011; and

> a media release announcing the draft variation to the Cooma LAP.

On 19 May 2011, the ACMA wrote to the licensees providing radio broadcasting services to the Cooma and adjacent licence areas to advise them of the release of the draft variation and to invite their comments by 17 June 2011.

On 24 May 2011, the ACMA placed an advertisement in the “Cooma Monaro Express” newspaper announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation and invited public comment by 17 June 2011.

Submissions

The ACMA received no submissions on the draft variation to Cooma LAP.

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 Cooma 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 “JULY 1999” from the front page of the Cooma LAP.

Clause (4)(b)

Clause (4)(b) removes the heading “DETERMINATION” on page two of the Cooma LAP.

Clause (4)(c)

Clause (4)(c) of the instrument numbers each of the paragraphs of the plan in the Cooma LAP consecutively as clauses (1), (2), (3), (4) and (5).

Clause (4)(d)

Clause (4)(d) of the instrument omits clauses (2),(3),(4) and (5) and substitutes new clauses (2),(3),(4) and (5). These new clauses:

omit the word ‘Determination’ and substitutes the word ‘plan’ in all of the clauses;

inserts the words “attachments 1.31 to 1.32 in clause (3) to reflect the addition of the new translators for the commercial radio broadcasting services to be available in Cooma;

omit the words “Attachments 1.26-1.29” in Clause (4) and substitutes “Attachments 1.26 to 1.30” to reflect the addition of an open narrowcasting radio service to be made available at Perisher as described in Attachment 1.30;

omits the words “Attachments 2.2-2.4” in Clause (5) and substitutes “Attachments 2.2 to 2.5” to reflect the addition of a community radio service to be made available at Bombala as described in Attachment 2.5.

Clause (4)(d) of the instrument also inserts a new clause (6) into the plan that will ensure that it refers to schedules and attachments that have been amended from time to time by the ACMA.

Clause (4)(e)

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

Clause (4)(f)

Clause (4)(f) of the instrument replaces Schedules One and Two of the Cooma LAP. These schedules set out the details of the national, commercial and community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Cooma RA1 and Cooma RA2 licence areas.

In particular, the schedules provide the technical specification numbers for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specification for each of those transmitters.

The changes from the previous schedules are the removal of the words “- Variation – September 2004” from the headings of Schedule One and “- November 2003” from the heading of Schedule Two. This material was originally included for reference only and is no longer considered relevant or necessary.

Clause (4)(g)

Clause (4)(g) of the instrument omits all text appearing immediately under Schedule Two in the Cooma LAP including the paragraph immediately following the hash (#); the text appearing immediately under the heading ‘Status Column” (including the heading itself); and the paragraph immediately under the heading ‘Frequency Column’ (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.

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

Clause (4)(h) of the instrument removes attachments 1.1 to 2.5 and then clause (4)(i) inserts new attachments 1.1 to 2.5 to the Cooma LAP in their place.

The new Attachment 1.1 contain the definition of the Cooma RA1 licence area in terms used by the ABS in the 2006 census, but otherwise remains unchanged to the license area previously described in the removed Attachment1.1.

The new attachments 1.2 to 1.32 contain the technical specifications for each transmitter to be used by the radio services in the Cooma RA1 licence area.

The new Attachment 2.1 contain the definition of the Cooma RA2 licence area in terms used by the ABS in the 2006 census, but otherwise remains unchanged to the license area previously described in the removed Attachment 2.1.

New attachments 2.2 to 2.5 contain the technical specifications for each transmitter to be used by the radio services in the Cooma RA2 licence area.

The changes to these attachments include amending the heading of each attachment to “LICENCE AREA PLAN: Cooma Radio”. This replaces the words:

> “LICENCE AREA PLAN: Cooma” from attachments 1.2 to 1.19, 1.21 to 1.25, 1.27 to 1.29 and 2.2 to 2.5;

>the words “Cooma – November 2003” from the headings to attachments 1.26, 12.6.1 and 2.5; and

>the words “Cooma Radio – Variation – September 2004” from attachments 1.20 and 1.30.

The ‘Site Tolerance’ specification in each attachment has been updated to refer to the Broadcasting Services (Technical Planning) Guidelines 2007 rather than referring to the “Technical Planning Guidelines”.

The nominal location of the transmitter specified in many of the attachments has been updated to provide a more accurate description of the transmitter site. This does not signify a change in the broadcast site.

Part two of the special conditions of Attachment 1.10 has been modified to improve the description of the condition. These changes do not signify a change to the intent of the condition.

The special condition of Attachment 1.12 has been modified to improve the description of the condition. These changes do not signify a change to the intent of the condition.

The special condition of attachments 1.26 and 1.26.1 and 1.27 have been modified to correct typographical errors and to improve the description of the condition. These changes do not signify a change to the intent of the conditions.

Attachments 1.31 and 1.32 contain the technical specifications for the new commercial radio broadcasting services to serve Charlotte Pass in the Cooma RA1 licence area.

Overview

The Broadcasting Services Act 1992 (BSA) was enacted to regulate broadcasting services in Australia, ensuring that they comply with standards and guidelines set by the Australian Communications and Media Authority (ACMA). The Act was introduced to address the need for effective regulation of radio and television broadcasting to ensure quality services, protect consumers, and manage the broadcasting spectrum efficiently. Enacted by the Parliament of Australia, the BSA provides the legislative framework for the ACMA to carry out its functions in regulating broadcasting services. In August 2011, the ACMA made a variation to the Licence Area Plan (LAP) for Cooma radio under the BSA, updating the technical specifications and licence area definitions to reflect the Australian Bureau of Statistics (ABS) 2006 census data. This variation aimed to clarify the characteristics of radio broadcasting services in the Cooma area without altering existing rights and obligations, except as specified. The ACMA consulted with relevant stakeholders before making the variation, and the Office of Best Practice Regulation assessed that the variation was unlikely to have a significant impact on business or the economy.

Scope and Application

The Broadcasting Services Act 1992 (BSA) applies to the regulation of broadcasting services in Australia, and the explanatory statement outlines a specific instance where the Australian Communications and Media Authority (ACMA) has exercised its powers under this Act. The ACMA is responsible for preparing Licence Area Plans (LAPs) that determine the number and characteristics of broadcasting services available in particular areas, and it has the authority to vary these plans as needed. The variation to the Licence Area Plan for Cooma Radio – No. 1 of 2011 made by the ACMA under subsection 26(2) of the BSA is aimed at clarifying the technical specifications and characteristics of radio broadcasting services in the Cooma area. This includes making specific FM frequencies and technical parameters available for translators for existing radio services in certain locations, and updating the licence area definitions based on the most recent Australian Bureau of Statistics (ABS) data. The geographic scope of this regulation is limited to the Cooma area in Australia, and it does not extend beyond this region. The ACMA ensures that the variation does not alter existing rights and obligations of broadcasters except as explicitly stated. The ACMA’s decision-making process involved public consultation, although no submissions were received on the draft variation. The regulatory impact analysis conducted by the Office of Best Practice Regulation found that the proposed variation is unlikely to have a significant impact on business or the economy, and thus did not require a detailed regulatory impact statement or a business cost calculator report.

Key Provisions

The key provisions of the Variation to Licence Area Plan for Cooma Radio – No. 1 of 2011 under the Broadcasting Services Act 1992 (BSA) primarily revolve around adjusting the technical specifications and certain definitions of radio broadcasting services in the Cooma area. Under clause (1) of the instrument, the Australian Communications and Media Authority (ACMA) exercises its power under subsection 26(2) of the BSA to make this variation. Clause (2) names this instrument as the "Variation to the Licence Area Plan for Cooma Radio – No. 1 of 2011". The instrument officially comes into effect the day after it is registered on the Federal Register of Legislative Instruments as per clause (3). Clause (4) details the specific changes made to the original Licence Area Plan (LAP) for Cooma Radio. Clause (4)(a) removes the outdated date "JULY 1999" from the front page of the Cooma LAP, while clause (4)(b) eliminates the heading "DETERMINATION" on page two. Clause (4)(c) renumbers the paragraphs of the plan consecutively as clauses (1), (2), (3), (4), and (5). Clause (4)(d) replaces certain clauses with new ones to reflect the addition of new translators and services, while clause (4)(e) removes material that was originally included for reference only and is now considered unnecessary. Clause (4)(f) updates Schedules One and Two to reflect current technical specifications and attachments, and clause (4)(g) removes irrelevant text under the headings "SCHEDULES", "Status Column", and "Frequency Column". Clause (4)(h) and (4)(i) replace the old attachments with new ones that provide updated definitions and technical specifications for the licence areas and services. The obligations imposed by this instrument include ensuring that the licence area definitions are updated according to the Australian Bureau of Statistics (ABS) 2006 census data and that the technical specifications for radio broadcasting services in the Cooma area are accurately and clearly defined. The ACMA is required to make these changes to maintain clarity and relevance in the broadcasting services available in the Cooma area. Under the BSA, breaches of the provisions outlined in the instrument could potentially result in civil or criminal consequences. However, the explanatory statement does not specify particular offences, penalties, or consequences for breach. Instead, it notes that the Office of Best Practice Regulation has assessed the proposed regulation to have no or low impact on business or the economy, and thus did not require a regulatory impact statement or a business cost calculator report. The ACMA’s intent is to clarify the technical specifications of radio broadcasting services without altering existing rights and obligations, ensuring compliance with the updated LAP.

Area of Law: Media & Entertainment Law; Broadcasting Law
Instrument: Statutory Instrument
Concepts: Reporting & Disclosure Obligations; Regulatory Standards; Compliance Obligations; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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