Licence Area Plan - Ipswich Radio - Variation No. 1 of 2013

Administered by Department of Communications and the Arts

Legislation au F2013L00509 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Variation to Licence Area Plan – Ipswich Radio – No.1 of 2013

Broadcasting Services Act 1992

 

In accordance with the Australian Communications and Media Authority Act 2005, the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA).

The ACMA has made a variation to the licence area plan (LAP) for Ipswich radio (the Ipswich LAP). 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 Ipswich LAP was determined on 21 December 2000.

Intended impact and effect

The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Ipswich area by changing the site and modifying the licence area of the community radio broadcasting service 4RIM Boonah.

The instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Ipswich 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 Ipswich 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: ID 14190.

Consultation

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

  • On 17 November 2012, the ACMA published the following papers on its web site:
    • Draft variation;
    • an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 14 December 2012;
    • draft licence area maps; and
    • a media release announcing the draft variation.
  • On 15 November 2012, the ACMA wrote to the licensees providing radio broadcasting services in the Ipswich area to advise them of the release of the draft variation and to invite their comments by 14 December 2012.
  • On 17 November 2012, the ACMA placed an advertisement in the “Ipswich Queensland Times” 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 14 December 2012.

Submissions

No submissions were received on the proposed draft variation.

Description of the provisions of the instrument

Clause 1

Clause 1 identifies that the ACMA makes the variation under subsection 26(2) of the BSA.

Clause 2

Clause 2 names the variation the Variation to Licence Area Plan – Ipswich Radio – No. 1 of 2013.

Clause 3

Clause 3 provides that the variation commences the day after it is registered on the Federal Register of Legislative Instruments.

Paragraph 4(a)

Paragraph 4(a) renames the Ipswich LAP as Licence Area Plan – Ipswich Radio.

Paragraph 4(b)

Sub-clause (4)(b) amends the heading on the title page of the Ipswich LAP so that it reads “Licence Area Plan – Ipswich Radio”.

Sub-paragraph 4(c)(i)

Sub-paragraph 4(c)(i) amends the heading on page one of the Ipswich LAP so that the heading now reads “Licence Area Plan – Ipswich Radio”.

Sub-paragraph 4(c)(ii)

Sub-paragraph 4(c)(ii) omits the sub-heading “Determination” on page one of the Ipswich LAP.

Sub-paragraph 4(c)(iii)

Sub-paragraph 4(c)(iii) omits the four paragraphs of text on page one of the Ipswich LAP and substitutes new clauses (1), (2), (3), (4) and (5).

The new clause (1) modifies the existing first paragraph to better reflect that the Ipswich LAP is for radio broadcasting services in the Ipswich area of Queensland, and is made under subsection 26(1) of the BSA.

The new clauses (2), (3) and (4) modify the existing second, third and fourth paragraphs to replace the word “Determination” with the word “plan”.

The new clause (5) ensures that the Ipswich LAP refers to schedules and attachments that have been amended from time to time by the ACMA.

Paragraph 4(d)

Paragraph 4(d) omits all text appearing immediately before Schedule One under the heading “SCHEDULE” in the Ipswich LAP (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.

Paragraph 4(e)

Paragraph 4(e) omits Schedules One and Three of the Ipswich LAP and substitutes Schedules One and Three of the variation.

Schedule One sets out the details of the commercial radio broadcasting service that is to be available on a particular frequency in the Ipswich RA1 licence area. Schedule Three sets out the details of the community radio broadcasting service that is to be available with a particular frequency in the Boonah RA1 licence area.

In particular, the Schedules provide the transmitter specification numbers 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.

Schedule One has been updated to include remove reference to Attachment 1.2. This Attachment was automatically replaced by Attachment 1.3 one year after the determination of the Ipswich LAP. Its continued inclusion is seen as redundant. Schedule Three has been updated to update the transmitter specification number.

Schedules One and Three have also been updated so that their headings read “Licence Area Plan : Ipswich Radio”. This modification will ensure consistency with other recently varied radio LAPs.

Paragraph 4(f)

Paragraph 4(f) omits the heading “Licence Area Plan – Ipswich – (Radio) – February 1996” from Schedule Two and substitutes the heading “Licence Area Plan : Ipswich Radio”. This modification will ensure consistency with other recently varied radio LAPs.

Paragraph 4(g)

Paragraph 4(g) omits all text appearing immediately after Schedule Three under the heading “DISCLAIMER” in the Ipswich LAP (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.


Paragraph 4(h)

Paragraph 4(h) omits Attachment 1.2 from the Ipswich LAP. This Attachment was replaced by Attachment 1.3 one year after the determination of the Ipswich LAP. Its continued inclusion is seen as redundant.

Paragraph 4(i)

Sub-paragraph 4(i)(i) amends Attachments 1.3 and 2.2 so that their headings read “Licence Area Plan : Ipswich Radio”. This modification will ensure consistency with other recently varied radio LAPs.

Sub-paragraph 4(i)(ii) amends Attachments 1.3 and 2.2 to refer to the Broadcasting Services (Technical Planning) Guidelines 2007.  This information has been updated for ease of reference only and does not signify a change to the planned performance of the transmitters.

Paragraph 4(j)

Paragraph 4(j) omits Attachments 1.1, 2.1, 3.1 and 3.2 from the Ipswich LAP and substitutes Attachments 1.1, 2.1, 3.1 and 3.2 of the variation.

The new Attachments 1.1 and 2.1 contain the definitions of the Ipswich RA1 and Esk RA1 licence areas in terms used by the ABS in the 2006 census, but otherwise remain unchanged.

The new Attachment 3.1 contains the definition of the Boonah RA1 licence area, updated to reflect the coverage achieved by the 4RIM service if operated optimally from the proposed new transmission site, in terms used by the ABS in the 2006 census.

The new Attachment 3.2 contains the technical specifications of the existing community radio broadcasting service 4RIM at Boonah, Queensland, updated so that it now operates on 100.1 MHz from Telstra Site 2 Footes Hill Boonah with a maximum effective radiated power of 1 kilowatt omni-directional with mixed polarisation and a maximum antenna height of
30 m.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Variation to Licence Area Plan – Ipswich Radio – No.1 of 2013

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This legislative instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Ipswich area by changing the site and modifying the licence area of the community radio service 4RIM Boonah.

This legislative instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Ipswich 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 instrument is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Ipswich area. The ACMA does not intend the instrument to alter any existing rights and obligations, except as set out above.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Australian Communications and Media Authority

 

 

 

Overview

The Broadcasting Services Act 1992 (BSA) governs the regulation of broadcasting services in Australia. The Act was enacted to ensure that broadcasting services are provided efficiently, effectively and in the public interest. The Australian Communications and Media Authority (ACMA) is responsible for enforcing the BSA and ensuring compliance with its provisions. The ACMA has the power to vary licence area plans (LAPs) under subsection 26(2) of the BSA to ensure that broadcasting services are provided in a manner that is consistent with the public interest. The Variation to Licence Area Plan – Ipswich Radio – No. 1 of 2013 is a legislative instrument made by the ACMA under subsection 26(2) of the BSA. The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Ipswich area by changing the site and modifying the licence area of the community radio broadcasting service 4RIM Boonah. The variation also deletes some material that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Ipswich LAP. The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Ipswich area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above. The variation was made in accordance with the Australian Communications and Media Authority Act 2005 and the Human Rights (Parliamentary Scrutiny) Act 2011. The ACMA consulted with relevant stakeholders before making the variation and considered the regulatory impact of the variation. The variation is compatible with human rights and does not raise any human rights issues. The variation is intended to ensure that broadcasting services are provided in a manner that is consistent with the public interest and the provisions of the BSA.

Scope and Application

The Variation to Licence Area Plan – Ipswich Radio – No.1 of 2013, issued by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992 (BSA), applies to the radio broadcasting services in the Ipswich area of Queensland, specifically modifying the technical specifications and licence area of the community radio broadcasting service 4RIM Boonah. This legislative instrument clarifies and updates the technical details of radio services in the area, while ensuring the definitions of licence areas align with the Australian Bureau of Statistics 2006 census data. The variation also includes the removal of outdated reference materials and minor drafting revisions to the Ipswich Licence Area Plan (LAP). The changes are intended to streamline the technical aspects of radio broadcasting services without altering existing rights and obligations of the broadcasters. The geographic scope of this Act is limited to the Ipswich area in Queensland. Subordinate instruments may extend or further specify the application of this Act, though no specific exclusions, exemptions, or thresholds are mentioned in the text provided.

Key Provisions

The key provisions of the Variation to Licence Area Plan – Ipswich Radio – No. 1 of 2013 (the "Variation") primarily concern the modification of the Ipswich Licence Area Plan (LAP) for radio broadcasting services in the Ipswich area. Clause 1 of the Variation specifies that the Australian Communications and Media Authority (ACMA) makes this variation under subsection 26(2) of the Broadcasting Services Act 1992 (BSA). Clause 3 stipulates that the Variation comes into effect on the day after it is registered on the Federal Register of Legislative Instruments. The main changes include modifying the characteristics and technical specifications of radio broadcasting services, specifically altering the site and licence area of the community radio service 4RIM Boonah. The Variation also makes several technical and drafting amendments to the Ipswich LAP to ensure consistency with other recently varied radio LAPs and to update the definitions of the licence areas based on the Australian Bureau of Statistics (ABS) 2006 census data. The obligations imposed by the Variation on the parties and entities it governs primarily revolve around the compliance with the new technical specifications and licence area definitions for the radio broadcasting services in the Ipswich area. The Variation requires the licensees to adhere to the updated transmitter specifications and operating parameters as outlined in the revised schedules and attachments. Additionally, the Variation mandates that the licensees ensure their operations align with the newly defined licence areas based on the 2006 ABS census data. These obligations are essential to maintain the integrity and effectiveness of the broadcasting services within the specified areas. In terms of consequences for non-compliance, the Variation itself does not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with the technical specifications and licence area definitions could potentially lead to enforcement actions by the ACMA under the BSA. Such actions might include warnings, fines, or even the suspension or revocation of broadcasting licences. The penalties for breaches of the BSA can vary depending on the nature and severity of the offence, with potential maximum penalties including substantial fines and imprisonment terms as prescribed under the relevant sections of the Act. Therefore, it is imperative for licensees to strictly adhere to the provisions of the Variation to avoid any regulatory repercussions.

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