EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan Variation
Hobart Radio
© Commonwealth of Australia August 2007
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Hobart Radio – No 1 of 2007 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 9 August 2007, ACMA made a variation to the licence area plan (LAP) for Hobart Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this Explanatory Statement as “the instrument”.
The LAP and variations
ACMA prepares 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 vary LAPs under section 26(2) of the BSA.
The ABA made the LAP for Hobart Radio on 13 December 2001 and varied it on 27 March 2003. It is referred to in this Explanatory Statement as “the LAP”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the technical specifications for national and community radio services in the Hobart area by:
- amending the technical specification for the national radio service 7PB to reflect a power increase using day/night switching; and
- amending the technical specifications for the community radio service 7THE to swap its frequencies, specify a directional radiation pattern for the main transmitter with a move to a higher site and a change of site for the translator service.
The changes to the 7PB and 7THE services are intended to improve their coverage in the Hobart area.
The instrument also updates the description of the licence areas referred to in the licence area plan as Hobart RA1, Hobart RA2, Hobart RA3, Hobart RA4, Huon Valley RA1 and Tasman Peninsula RA1. ACMA intends the effect of the updates to redefine these licence areas in terms used by the Australian Bureau of Statistics in the 2001 Census. This variation is of a minor and machinery nature and ensures consistency between the LAP and the latest Census data available to ACMA. ACMA does not intend for the licence areas to be altered in any substantial way.
The instrument also makes minor and technical variations to the LAP to:
- 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 LAP and which may create confusion.
ACMA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Hobart area. ACMA does not intend for the variations 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 019.
Consultation and Submissions
ACMA received unsolicited requests from the licensees of 7PB and 7THE for amendments to the technical specifications of their respective services.
Before making a decision to vary the LAP, ACMA undertook the following steps by way of consultation:
On 6 June 2007, ACMA published the following papers on its website:
- a draft variation to the Hobart LAP;
- a draft variation to the Hobart licence area designations;
- an explanatory paper about the changes proposed in the draft variation to the LAP, inviting public comment by 29 June 2007; and
- a media release announcing the release of the draft variation to the Hobart LAP.
On 7 June 2007, ACMA placed an advertisement in the “Hobart Mercury” newspaper outlining the effect of the draft variation on 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.
In June 2007, ACMA wrote to the licensees affected by the release of the draft variation to the Hobart LAP and inviting 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, Broadcast Australia and Air Services Australia, to advise them of the release of the draft variation and explanatory paper and inviting their comments.
ACMA did not receive any submissions in response to the request for comment on the draft variation to the Hobart LAP 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) of the instrument varies the text in clause (2) of the determination in the LAP so that it refers to attachments 1.2, 1.4-1.17 and 1.19-1.20. This takes into account the removal of attachments 1.3 and 1.18 by the instrument.
Clause (1)(c) of the instrument inserts a new clause (8) that ensures that references to schedules or attachments are references as amended from time to time by ACMA.
Clauses (2)(a)-(g) of the instrument omit the heading “SCHEDULES” and all text appearing immediately afterwards in the LAP, including text under the subheadings “Status column” and “Frequency column”. This information, included for reference only, does not form part of the LAP principal instrument and may create confusion.
Clauses (3)(a) and (b) of the instrument vary Schedules One and Two of the LAP respectively by omitting the current schedules and inserting new Schedules One and Two. The schedules set out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Hobart RA1 and Hobart RA2 licence areas. 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.
The updated schedules do not include a status column. The status column contained information, included for reference only, that may create confusion.
Clauses 3(c)-(f) of the instrument omits the status column from Schedules Three to Six of the LAP, which have not otherwise been varied.
Clause 4(a) of the instrument omits Attachment 1.1 of the licence area plan and substitutes a revised Attachment 1.1. Attachment 1.1 contains the definition of the licence areas for the commercial and community radio broadcasting services with the service licence numbers SL3864, SL4216, SL4217 and SL3080. The substituted Attachment 1.1 reflects the then ABA’s intention, in its variation to the LAP made on 27 March 2003, to update the licence areas using 2001 Census data.
Clause (4)(b) of the instrument omits Attachment 1.3 of the licence area plan. This attachment referred to the technical specification for the 7PB national radio service previously operating on 727 kHz and reflects the then ABA’s intention, in its determination of the licence area plan on 13 December 2001, to make an alternative frequency (747 kHz) available for the 7PB service. The 7PB service now operates on 747 kHz.
Clause 4(c) of the instrument omits Attachment 1.4 of the licence area plan and substitutes a revised Attachment 1.4. Attachment 1.4 contains a new technical specification for the national broadcasting service operating as 7PB and serving the general area of Hobart. The new technical specification permits day/night switching using a directional radiation pattern.
Clause 4(d) of the instrument omits Attachment 1.18 of the licence area plan. This attachment referred to the technical specification for the 7HFC community radio service previously operating on 103.3 MHz and reflects the then ABA’s intention, in its variation to the LAP on 27 March 2003, to make an alternative frequency (106.5 MHz) available for the 7HFC service. The 7HFC service now operates on 106.5 MHz.
Clause (4)(e) of the instrument omits Attachment 1.19 of the licence area plan and substitutes a revised Attachment 1.19. This attachment reflects the then ABA’s intention, it is variation to the LAP on 27 March 2003, to make an alternative frequency available for the 7HFC service on 106.5 MHz.
Clause 4(f) of the instrument omits Attachment 2.1 of the licence area plan and substitutes a revised Attachment 2.1. Attachment 2.1 of the instrument updates the description of the Hobart RA2 licence area to define it in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. The variation does not substantially alter the boundaries of the existing Hobart RA2 licence area.
Clauses 4(g) and (h) of the instrument omit Attachments 2.2 and 2.3 of the licence area plan and substitute revised Attachments 2.2 and 2.3. Attachments 2.2 and 2.3 contain new technical specifications for the community radio broadcasting service operating as 7THE and serving the general area of Hobart. The new technical specifications contain a swap of frequencies for 7THE, a directional radiation pattern for the main transmitter and change of site for both main transmitter and translator service.
Clauses 4(i)-(l) of the instrument omits Attachments 3.1, 4.1, 5.1 and 6.1 of licence area plan and substitutes them with revised Attachments 3.1, 4.1, 5.1 and 6.1. These attachments update the description of the Hobart RA3, Hobart RA4, Huon Valley RA1 and Tasman Peninsula RA1 licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. The variations do not substantially alter the boundaries of these licence areas.