EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan Variation
Gympie Radio
© Commonwealth of Australia 2008
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 – Explanatory Statement
Variation to the licence area plan for Gympie 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 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 21 February 2008, the Australian Communications and Media Authority (ACMA) made a variation to the licence area plan for Gympie 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 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 former Australian Broadcasting Authority (ABA) made the licence area plan for Gympie Radio on 21 December 2000 and varied it on 22 November 2001. 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 operating conditions for national and commercial radio services in Gympie by:
- adding an additional technical specification for a national radio broadcasting service to serve the general area of Gympie;
- changing the technical specifications of the commercial radio broadcasting services for the Gympie RA1 licence area to improve reception in the Noosa/Tewantin area.
The instrument also makes variations of a minor and machinery nature to:
- vary the definition of the licence areas so that they are described in terms used by the Australian 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;
- delete references to technical specifications that are no longer used;
- correct previous drafting errors; and
- delete information, included for reference only, that does not form part of the licence area plan and which may create confusion.
ACMA intends the effect of the variations to be to clarify the rights and obligations of radio broadcasting licensees in the Gympie area. ACMA does not intend the variation to alter those rights and obligations.
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the instrument has no or low 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 ACMA RIS reference number is ACMA 043.
Consultation and Submissions
In 2004 the Government committed to the fund the extension of the ABC NewsRadio service to all transmission areas around Australia with populations of 10,000 and above, subject to spectrum availability. In a letter to ACMA requesting spectrum for the extension the then Minister advised of her intention to reserve, under section 31 of the Broadcasting Services Act 1992 (the Act), any identified spectrum.
Section 31 of the Act provides for the Minister to reserve capacity for national or community services. This reservation does not specify the particular frequency to be reserved, rather it specifies that either an AM or FM channel should be reserved. The Department of Communications, Information Technology and the Arts (DCITA) has advised that the Minister is likely to request the best available high power spectrum be made available in all areas requested for ABC services.
Between 2002 and 2007, the ABA and, subsequently, ACMA received requests from the licensees of commercial radio broadcasting services 4GY and 4NNN for amendments to the technical specifications for their respective services.
Before making a decision to vary the licence area plan, ACMA undertook the following consultation:
- On 31 October 2007, ACMA published the following papers on its website:
- a draft variation to the licence area plan; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 31 October 2007.
On 25 September 2007, ACMA placed an advertisement in the “The Gympie Times” newspaper outlining the effect of the draft variation on the licence area plan providing details on how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.
In 28 September 2007, ACMA wrote to licensees providing radio broadcasting services to the Gympie licence area to advise them of the release of the draft variation and related explanatory papers, and to invite their comments.
At this time, ACMA also wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Commercial Radio Australia Ltd, FREE TV Australia, Broadcast Australia and Air Services Australia, to advise them of the release of the draft variation and explanatory papers and to invite their comments.
ACMA received one submission on the draft proposal and explanatory paper.
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 so that it refers to the attachments containing the technical specifications determined by ACMA in the licence area plan variation on 21 February 2008.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause that will ensure that references are included to schedules or attachments that have been amended from time to time by ACMA.
Clause (2)(a) and (b) of the instrument deletes the words “Each of the schedules set out:” and the eight paragraphs marked with dot points under the heading “SCHEDULES” and 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 that may be confusing.
Clause (2)(c) and (d) of the instrument delete the headings “Status Column” and “Frequency Column” and all text following each heading. The text contained information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3)(a) of the instrument varies schedules one of the licence area plan. This schedules sets out details of the national and commercial broadcasting services that are to be available on particular frequencies in the Gympie RA1 licence area. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.
Column 2 of schedules in the licence area plan is headed “Status” and contains information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3) (b) of the instrument deletes the column headed “Status” from Schedules One to Three of the licence area plan.
Clause (4) of the instrument inserts Attachments 1.7, 1.8 and 1.9 of the instruments.
The inserted Attachment 1.7 contains technical specifications for commercial radio service 4NNN to reflect change in antenna height, a decrease in power and a change in radiation pattern.
The inserted Attachment 1.8 contains technical specifications for commercial radio service 4GY to reflect a change in frequency and change in antenna height.
The inserted Attachment 1.9 contains technical specifications for a new national radio service for the Gympie area.