EXPLANATORY STATEMENT
ISSUED BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
VARIATION TO LICENCE AREA PLAN FOR HOBART 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).
The ACMA has made a variation to the licence area plan (LAP) for Hobart radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.
The LAP and variations to the LAP
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 Hobart Radio on 13 December 2001 and varied it on 27 March 2003 and 13 August 2007.
It is referred to in this explanatory statement as “the Hobart LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Hobart area by:
- changing the technical specifications of the national radio broadcasting service 7PB at Hobart to change the transmitter power to 3.5 kW and the antenna pattern to omnidirectional (OD);
- making available the FM frequency 96.1 MHz, with a maximum effective radiated power (ERP) of 3.2 kW, for an additional transmitter at Devonport for the existing community radio broadcasting service 7RPH at Hobart, and extend the Hobart RA4 licence area to include the coverage area of that additional transmitter; and
- making available the FM frequency 94.9 MHz, with a maximum ERP of 1.5 kW, for a new open narrowcasting radio service at Hobart.
The variation also deletes some reference material, that does not form part of the LAP and makes some minor amendments to the drafting of the Hobart LAP. It 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 clarify the characteristics, including technical specifications, of radio broadcasting services in the Hobart 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 issued an exemption reference number: 2011/12958.
Consultation
Before making a decision to vary the Hobart LAP, the ACMA undertook the following consultation:
On 24 February 2011, the ACMA published the following papers on its web site:
- a draft variation to Licence Area Plan for Hobart Radio – No.1 of 2011 and a draft variation to the frequency allotment plan;
- an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 25 March 2011; and
- a media release announcing the draft variation.
On 24 February 2011, the ACMA wrote to the licensees providing radio broadcasting services in the Hobart RA1, Hobart RA2, Hobart RA3, Hobart RA4, Huon Valley RA1 and Tasman Peninsula RA1 and in adjacent radio licence areas to advise them of the release of the draft variation and to invite their comments by 25 March 2011.
On the 25 February 2011 and 26 February 2011 the ACMA placed an advertisement in the ’Devonport Times’ and the ‘Hobart Mercury’ newspapers respectively announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation and invited public comment by 25 March 2011.
Submissions
The ACMA received five submissions on the draft variation to the Licence Area Plan for Hobart Radio – No 1 of 2011
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 Hobart Radio – No 1 of 2011.
Clause (3)
Clause (3) provides 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 front page of the Hobart LAP.
Clause (4)(b)
Clause (4)(b) of the instrument removes the heading “Determination” from page three of the Hobart LAP.
Clause (4)(c)
Clause (4)(c) of the instrument substitutes a new clause (2) which replaces the words “one open narrowcasting radio service” and substitutes the words “two open narrowcasting radio services”, replaces the word “Determination” and substitutes the word “plan” and replaces the words “Attachments 1.2, 1.4 – 1.7 and 1.19 – 1.20” and substitutes the words “attachments 1.2, 1.4 – 1.7 and 1.19 – 1.21”.
Clause (4)(d)
Clause (4)(d) of the instrument substitutes a new clause (3) and (4) which replaces the word “Determination” and substitutes the word “plan”
Clause (4)(e)
Clause (4)(e) of the instrument substitutes a new clause (5) which replaces the word “Determination” and substitutes the word “plan” and replaces “4.2 – 4.3” and substitutes “4.2 – 4.4”.
Clause (4)(f)
Clause (4)(f) of the instrument substitutes a new clause (6) and (7) which replaces the word “Determination” and substitutes the word “plan”
Clause (4)(g)
Clause (4)(g) of the instrument replaces schedules one, two, three, four, five and six of the Hobart 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 Hobart RA1, Hobart RA2, Hobart RA3, Hobart RA4, Huon Valley RA1 and Tasman Peninsula RA1 licence areas.
In particular, the schedules provide the technical specifications for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specifications for each of those transmitters.
The changes from the previous schedules are the removal of “August 2007” from the headings of schedules one and two and the removal of “December 2001” from the headings of schedule three, four, five and six. This material was originally included for reference only and is no longer considered relevant or necessary.
Clause (4)(h)
Clause (4)(h) of the instrument omits attachments 1.18.1 and 1.19.1 from the Hobart LAP. Both attachments were incorporated into the Hobart LAP as part of the variation of March 2003 and replaced Attachments 1.18 and 1.19.
Attachment 1.18 was deleted as part of the variation of August 2007. Attachment 1.19 is described further at Clause (4)(j).
Clause (4)(i)
Clause (4)(i) of the instrument removes attachments 1.1, 1.2, 1.4 – 1.17 and 1.19 – 1.20 and substitutes new attachments 1.1, 1.2, 1.4 – 1.17 and 1.19 – 1.20 to the Hobart LAP in their place.
The new Attachment 1.1 contains the definition of the Hobart RA1 licence area in terms used by the ABS in the 2006 census, but otherwise remains unchanged.
The new attachments 1.2, 1.4 – 1.17 and 1.19 – 1.20 detail the same services that were made available in the removed attachments, except with the following changes:
- removing the words “December 2001” from the headings to attachments in which they appear:
- removing the words “August 2007” from the headings to attachments in which they appear;
- updating the site tolerance field to refer to the Broadcasting Services (Technical Planning) Guidelines 2007; and
- updating the nominal locations of the transmitter specified to provide a more accurate description of the transmitter site.
The site tolerance and nominal location information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.
Clause (4)(j)
Clause (4)(j) of the instrument inserts new Attachment 1.21 into the Hobart LAP.
The new Attachment 1.21 contains the technical specifications for a new open narrowcasting radio service to be made available in the Hobart RA1 licence area.
Clause (4)(k), (4)(l) and (4)(m)
Clause (4)(k), (4)(l) and (4)(m) of the instrument removes attachments 2.1 – 2.3, 3.1 – 3.2 and 4.1 – 4.3 and substitutes new attachments 2.1 – 2.3, 3.1 – 3.2 and 4.1 – 4.3 to the Hobart LAP in their place.
The new attachments 2.1, 3.1 and 4.1 contain the definition of the Hobart RA2, Hobart RA3 and Hobart RA4 licence areas in terms used by the ABS in the 2006 census, but otherwise remain unchanged.
The new attachments 2.2 – 2.3, 3.2 and 4.2 – 4.3 detail the same services that were made available in the removed attachments, except with the following changes:
- removing the words “August 2007” from the headings to attachments in which they appear; and
- updating the site tolerance field to refer to the Broadcasting Services (Technical Planning) Guidelines 2007.
The site tolerance information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.
Clause (4)(n)
Clause (4)(n) of the instrument inserts new Attachment 4.4 into the Hobart LAP.
The new Attachment 4.4 contains the technical specifications for a translator for an established community broadcasting service to be available in the Hobart RA4 licence area.
Clause (4)(o) and (4)(p)
Clause (4)(o) and Clause (4)(p) of the instrument removes attachments 5.1 – 5.3 and 6.1 – 6.3 and substitutes new attachments 5.1 – 5.3 and 6.1 – 6.3 to the Hobart LAP in their place.
The new attachments 5.1 and 6.1 contains the definition of the Huon Valley RA1 and Tasman Peninsula RA1 licence areas in terms used by the ABS in the 2006 census, but otherwise remains unchanged.
The new attachments 5.2 – 5.3 and 6.2 – 6.3 detail the same services that were made available in the removed attachments, except with the following changes:
- removing the words “ – December 2001” from the headings to attachments in which they appear;
- updating the site tolerance field to refer to the Broadcasting Services (Technical Planning) Guidelines 2007; and
- updating the nominal locations of the transmitter specified to provide a more accurate description of the transmitter site.
The site tolerance and nominal location information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.