Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Griffith Radio – No. 1 of 2010 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).

On 15 March 2010, the ACMA made a variation to the licence area plan (LAP) for Griffith radio. The variation was made under sub 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 Griffith Radio on 6 December 2001. It is referred to in this explanatory statement as “the Griffith LAP”.

Intended impact and effect

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

• redefining the Narrandera RA1 licence area, so that it covers the entire Narrandera township;
• changing the technical specifications of the community radio broadcasting service planned for Narrandera, to facilitate a change in frequency from 92.3 MHz to 91.1 MHz, increase the antenna height from 25 metres to 35 metres and increase the maximum effective radiated power (ERP) from 10 W to 150 W;
• adding a new high powered narrowcasting radio broadcasting service to serve the general area of Griffith.

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 minor 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 intended impact and effect of this variation is to increase the diversity of services available in Griffith by the addition of a high powered narrowcasting radio service and to extend coverage of the community broadcasting service across the Narrandera township and surrounding rural area. The ACMA also intends to clarify the characteristics, including technical specifications, of radio broadcasting services in the Griffith 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 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 has undertaken a regulatory analysis process. The ACMA has formed the view that that 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 making a decision to vary the Griffith LAP, the ACMA undertook the following consultation:

On 7 December 2009, the ACMA published the following papers on its web site:

• a draft variation to the LAP;
• an explanatory paper about the changes proposed in the draft variation to the Griffith LAP, inviting public comment by 15 January 2010; and
• a media release announcing the proposed draft variation to the Griffith LAP.

On 7 December 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Griffith region to advise them of the release of the draft variation to the Griffith LAP and to invite their comments.

On 9 December 2009, the ACMA placed an advertisement in the “Griffith Area News” newspaper outlining the effect of the draft variation on the Griffith LAP, providing details of how to obtain copies of the draft variation, how to access it on the ACMA’s web site and inviting public comment.

The ACMA received one submission on the draft variation to the Griffith LAP and accompanying explanatory paper.

The licensee of the commercial broadcasting service 8SAT, Flow FM Network (Flow FM), claimed the proposed HPON service would make the commercial broadcasting services in the area less viable particularly Flow FM’s Lake Cargelligo service.

Analysis by the ACMA engineers indicates that the proposed Griffith HPON and Flow FM’s Lake Cargelligo service will not be in competition as there is no coverage overspill into the Flow FM’s licence area.

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 Griffith Radio – No. 1 of 2010.

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 removes the words “ – DECEMBER 2001” from the heading of the first page of the Griffith LAP.

Clause 4(b)

Clause (4) (b) of the instrument numbers each of the paragraphs of the determination in the Griffith LAP consecutively as Clauses (1), (2), (3), (4) and (5).

Clause 4(c)(i)

Clause (4)(c)(i) of the instrument inserts words into clause (2) of the Griffith LAP to add an open narrowcasting radio service in Griffith.

Clause 4(c)(ii)

Clause (4)(c)(ii) of the instrument omits the words “Attachments 1.2 – 1.10” and substitutes the words “Attachments 1.2 – 1.11” from clause (2) of the determination in the Griffith LAP in order to reflect the inclusion of Attachment 1.11.

Further explanation on the inclusion of Attachment 1.11 is at clause (4)(h).

Clause (4)(d)

Clause (4)(d) of the instrument inserts a new clause (6) into the determination 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 Griffith LAP (including the heading itself). The information was included for reference only, but may be confusing, and has now been omitted.

Clause (4)(f)

Clause (4)(f) of the instrument omits Schedule One, Schedule Two, Schedule Three and Schedule Four to the Griffith LAP, and substitutes new schedules in their place. These schedules set out the details of the national, commercial and community radio broadcasting services, and the open narrowcasting radio service that are to be available on particular frequencies in licence areas determined by the Griffith LAP.

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

The changes to the schedules omit some irrelevant material, effects a change of frequency and maximum effective radiated power (ERP) output for the community radio broadcasting service in the Narrandera RA1 licence area, and inserts the details of a new open narrowcasting radio service to be available in Griffith RA1.

Clause (4)(g)

Clause (4)(g) of the instrument removes Attachment 1.1, Attachment 2.1, Attachment 3.1 and Attachment 4.1 of the Griffith LAP and substitutes in the corresponding places the attachments to the instrument having those same numbers.

These new attachments contain the definitions of the Griffith RA1, Griffith RA2, Hay RA1 and Narrandera RA1 licence areas in terms of the areas defined by the Australian Bureau of Statistics, using 2006 census data. The licence areas of Griffith RA1, Griffith RA2 and Hay RA1 themselves are unchanged.

The Narrandera RA1 licence area has been redefined to reflect the increase in size to include the entire Narrandera township and surrounding rural area.

Clause (4)(g) of the instrument also removes  Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.8, Attachment 1.9, Attachment 1.10, Attachment 2.2, Attachment 3.2, and Attachment 4.2 and substitutes in the corresponding places the attachments to the instrument having those same numbers.

These new attachments contain the technical specifications for each transmitter to be used by the radio services in the Griffith LAP.

The new attachments:

• omit the words “ – December 2001” from the heading of each attachment. This information was originally included for reference only, but may be confusing;
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Griffith LAP refers to the full title of this relevant legislative instrument; and
• update the nominal location to reflect the actual current transmitter site name. This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.

Attachment 4.2 also contains new specifications for the community radio broadcasting licence planned for the Narrandera RA1 licence area, to enable the service to broadcast to a larger audience within the newly redefined Narrandera RA1 licence area.

Clause (4)(h)

Clause (4)(h) of the instrument inserts Attachment 1.11 into the Griffith LAP. This new attachment contains the technical specifications for a new open narrowcasting radio service that is available in the Griffith RA1 licence area.