Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Kalgoorlie 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 (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The ACMA has varied the Licence Area Plan (LAP) for Kalgoorlie radio. The variation was made under subsection 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 Kalgoorlie Radio on 26 September 1996. It is referred to in this explanatory statement as “the Kalgoorlie LAP”.

Intended impact and effect

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

• making channel capacity available for a new Australian Broadcasting Corporation (ABC) Parliamentary News Network/NewsRadio (PNN);
• adding two new high powered open narrowcasting radio services to serve the general areas of Kalgoorlie and Kambalda; and
• varying the technical specifications of a planned but unallocated community broadcasting service (to serve the Kalgoorlie RA2 licence area) to increase the effective radiated power (ERP) from 1 kW to 6 kW.

The instrument also increases the size of the Kalgoorlie RA2 licence area and removes the Kalgoorlie RA3 licence area. The effect of this is that the two community radio broadcasting services currently specified to be available in the Kalgoorlie RA2 and Kalgoorlie RA3 licence areas will both now be specified to be available in the Kalgoorlie RA2.

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 minor drafting amendments. 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 clarify the characteristics, including technical specifications, of radio broadcasting services in the Kalgoorlie 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 therefore undertaken a regulatory analysis process. This analysis indicated that the proposed regulation is likely to have little or no impact on business or the economy, and a regulation impact statement is not necessary in relation to the proposal.

Consultation and submissions

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

On 16 March 2010, 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 Kalgoorlie LAP, inviting public comment by 16 April 2010; and
• a media release announcing the proposed draft variation to the Kalgoorlie LAP.

On 16 March 2010, the ACMA wrote to the licensees providing radio broadcasting services to the Kalgoorlie region to advise them of the release of the draft variation to the Kalgoorlie LAP and to invite their comments.

On 17 March 2010, the ACMA placed an advertisement in the “Kalgoorlie Miner” newspaper outlining the effect of the proposed variation to the Kalgoorlie 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 three submissions on the draft variation to the Kalgoorlie LAP and accompanying explanatory paper.

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 Kalgoorlie 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 “SEPTEMBER 1996” from the heading of the first page of the Kalgoorlie LAP.

Clause (4)(b)

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

Clause (4)(c)(i)

Clause (4)(c)(i) of the instrument inserts words into clause (2) of the Kalgoorlie LAP to add a national radio broadcasting service in Kalgoorlie and two open narrowcasting radio services in Kalgoorlie and Kambalda.

Clause (4)(c)(ii)

Clause (4)(c)(ii) of the instrument omits the words “Attachments 1.2 – 1.18” and substitutes the words “Attachments 1.2 –1.21” from clause (2) of the determination in the Kalgoorlie LAP in order to reflect the addition of Attachments 1.19 – 1.21.

Clause (4)(d)

Clause (4)(d) of the instrument:

• inserts words into clause (3) of the Kalgoorlie LAP to add a community radio broadcasting service in the Kalgoorlie RA2 licence area;
• substitutes the words “Attachments 2.2 and 2.3” from clause (3) of the determination in the Kalgoorlie LAP in order to reflect the inclusion of Attachment 2.3; and
• omits the words from clause (3) “The community radio broadcasting service referred to in Schedule Two is to be available for allocation immediately after publication of the notice in the Commonwealth of Australia Gazette stating that the Kalgoorlie radio licence area plan has been made”. As the Kalgoorlie LAP has already been made and gazetted, these words are now obsolete.

Clause (4)(e)

Clause (4)(e) of the instrument removes clause (4) from the determination as the community radio broadcasting service that was available in the Kalgoorlie RA3 licence area is now to be available in the Kalgoorlie RA2 licence area as described further in clause (4)(d).

Clause (4)(f)

Clause (4)(f) of the instrument inserts a new clause (4) 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)(g)

Clause (4)(g) of the instrument omits all text appearing immediately under the heading “SCHEDULES” in the Kalgoorlie LAP (including the heading itself). The information was included for reference only, but has been removed as it may be confusing.

Clause (4)(h)

Clause (4)(h) of the instrument replaces Schedule One and Schedule Two to the Kalgoorlie LAP. These schedules set out the details of the national, commercial and community radio broadcasting services, and open narrowcasting radio services that are to be available on particular frequencies in the Kalgoorlie RA1 and Kalgoorlie RA2 licence area determined by the Kalgoorlie LAP.

In particular, Schedule One and Schedule Two provide the technical specification numbers for each transmitter to be used by the services in each licence area in the Kalgoorlie RA1 and RA2 licence areas respectively and specify the Attachments which contain the technical specification for each of those transmitters. The changes to the Schedules include removing the words “- September 1996” from the each heading, omitting some irrelevant material, and inserting a new column that identifies the frequency used by each service.

The new Schedule One has added technical specifications for a new national radio broadcasting service (PNN) and two new open narrowcasting radio services to be available in the Kalgoorlie RA1 licence area.

The new Schedule Two has added the technical specifications for the community radio broadcasting service with the service licence number SL10341, previously included in Schedule Three, which has been removed from the Kalgoorlie LAP by clause (4)(i) of the instrument.  Schedule Two now sets out the details of two community radio broadcasting services that are to be available in the Kalgoorlie RA2 licence area.

Clause (4)(i)

Clause (4)(i) of the instrument removes Schedule Three. Schedule Three contained the technical specifications for a community radio broadcasting service to be available in the Kalgoorlie RA3 licence area with the service licence number SL10341. This community radio broadcasting service is now specified to be available in the Kalgoorlie RA2 licence area and the technical specifications for this service are described in Schedule 2 of the instrument.

Clause (4)(j)

Clause (4)(j) of the instrument removes Attachment 1.1 and Attachment 2.1 and substitutes in the corresponding place the Attachments of the instrument having those same numbers.

These new Attachments contain the definitions of the Kalgoorlie RA1 and Kalgoorlie RA2 licence areas in terms of the areas defined by the Australian Bureau of Statistics, using 2006 census data. The Kalgoorlie RA1 licence area remains unchanged. The Kalgoorlie RA2 licence area has been redefined to reflect an increase in size resulting from the change to the technical specifications of the planned community broadcasting service.

Clause (4)(j) 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 1.11, Attachment 1.12, Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.16, Attachment 1.17 Attachment 1.18 and Attachment 2.2 of the Kalgoorlie LAP and inserts Attachments of the instrument in numerical order.

These new attachments contain the technical specifications for each of the broadcasting services to be available in the Kalgoorlie RA1 and RA2 licence areas specified in the Kalgoorlie LAP.

The changes to these Attachments include adding the words “Kalgoorlie Radio” after the words “LICENCE AREA PLAN” to the heading in each Attachment. The ‘site tolerance’ has also been updated in each Attachment to refer to the Broadcasting Services (Technical Planning) Guidelines 2007 rather than referring to the Technical Planning Guidelines. This information has been updated to ensure that the Kalgoorlie LAP refers to the full title of this relevant legislative instrument.  The nominal location of each transmitter site has also been updated to reflect the current transmitter site location. This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.

The antenna height at Attachment 1.10, Attachment 1.11, Attachment 1.12 Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.16 and Attachment 1.17 has been updated to reflect the actual operating conditions for these services on the advice of the ABC. The change in antenna height does not change the planned performance of these services.

The maximum ERP for the community radio broadcasting service described at Attachment 2.2 has been increased from 1 kW to 6 kW. Attachment 2.2 contains the technical specifications for the planned community radio broadcasting service with the service licence number SL10334. When the Kalgoorlie LAP was determined in 1996 this service was limited to 1 kW to avoid potential interference to the reception of ABC national television broadcasting service on channel 5 at Kambalda. The ABC has since ceased operation of this service.

Clause (4)(j) of the instrument also removes Attachment 3.1 and Attachment 3.2 from the Kalgoorlie LAP.

Attachment 3.1 contained the definition of the Kalgoorlie RA3 licence area. This licence area has been incorporated into the Kalgoorlie RA2 licence area, therefore the Kalgoorlie RA3 licence area is now redundant and has been removed.

Attachment 3.2 contained the technical specifications for a community radio broadcasting service with the service licence number SL10341.This service is now specified to be available within the new Kalgoorlie RA2 licence area. The new technical specifications for this service can be found at Attachment 2.3 of the instrument.