Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Kingaroy Radio – No.1 of 2011 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 made a variation to the licence area plan (LAP) for Kingaroy 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 Kingaroy Radio on 8 October 1998 and varied it on 1 April 2004. It is referred to in this explanatory statement as “the Kingaroy LAP”.

Intended impact and effect

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

>      removing the planned but not operational national capacity at Murgon with the assigned frequency 97.7 MHz from the Kingaroy RA1 licence area; and

>      changing the technical specifications of the community radio broadcasting service at Yarraman to reflect a change in the transmitter site, an increase in effective radiated power from 250 watts to 500 watts  and an extension of the Yarraman RA1 licence area to include the communities Blackbutt and Benarkin.

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 some minor amendments to revise the drafting of the Kingaroy LAP.

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 Kingaroy 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: 2011/12205.

Consultation

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

On 24 November 2010, the ACMA published the following papers on its website:

>               a Draft Variation to Licence Area Plan for Kingaroy 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 24 December 2010; and

>               a media release announcing the draft variation

On 25 November 2010, the ACMA wrote to the licensees providing radio broadcasting services to the Kingaroy and adjacent licence areas to advise them of the release of the draft variation and to invite their comments by 24 December 2010.

On 26 November 2010, the ACMA placed an advertisement in the “Toowoomba Chronicle” 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 24 December 2010.

Submissions

The ACMA received no submissions on the Draft Variation to Licence Area Plan for Kingaroy 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 Kingaroy Radio – No. 1 of 2011.

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) removes the words “OCTOBER 1998” from the front page of the Kingaroy LAP.

Clause (4)(b)

Clause (4)(b) of the instrument numbers each of the clauses of the Kingaroy LAP consecutively as Clauses (1), (2), (3), (4), (5), (6) and (7).

Clause (4)(c)

Clause (4)(c) of the instrument substitutes a new clause (2) which replaces the words “Six national radio broadcasting services” with the words “Five national radio broadcasting services” and replaces the words “Attachments 1.2 – 1.7” with the words “Attachments 1.2 – 1.6”.

The sixth national radio broadcasting service as detailed at Attachment 1.7 and its frequency (97.7 MHz) have been removed to allow for the introduction of the Australian Broadcasting Corporation Parliamentary News Network/NewsRadio service at Wide Bay in the Bundaberg region of Queensland. This is detailed further in the companion variation ‘Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011’.

The removed Attachment 1.7 is described further below.

Clause (4)(d)

Clause (4)(d) inserts a new clause (8) to reflect the inclusion of the community radio broadcasting service at Yarraman. This service was made available by the ABA in its variation to the Kingaroy LAP titled “Variation to the Licence Area Plan – Kingaroy Radio” of April 2004. Its inclusion in this variation is to ensure consistency in the compilation of the Kingaroy LAP.

Clause (4)(d) of the instrument also inserts a new clause (9) into the Kingaroy LAP to ensure a reference to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.

Clause (4)(e)

Clause (4)(e) of the instrument omits all text appearing immediately under the heading “SCHEDULES” in the Kingaroy LAP (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.

Clause (4)(f)

Clause (4)(f) of the instrument replaces Schedules One, Two, Three, Four and Five of the Kingaroy 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 Kingaroy RA1, Cherbourg RA1, Gayndah RA1, Wondai RA1 and Yarraman RA1 licence areas.

In particular, the Schedules provide the technical specification numbers for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specification for each of those transmitters.

The changes from the previous Schedules are the removal from the headings of Schedules One, Two, Three and Four the words “October 1998” and “April 2004” from the heading of Schedule Five. This material was originally included for reference only and is no longer considered relevant or necessary.

Clauses (4)(g) and (4)(h)

Clause (4)(g) of the instrument removes Attachments 1.1 to 5.2 and Clause (4)(h) inserts new Attachments 1.1 to 5.2 to the Kingaroy LAP in their place.

The new Attachments 1.1, 2.1, 3.1 and 4.1 contain the definitions of the Kingaroy RA1, Cherbourg RA1, Gayndah RA1 and Wondai RA1 licence areas in terms used by the ABS in the 2006 Census, but otherwise remain unchanged.

The new Attachments 1.2 to 4.2 detail the same services that were available in the removed attachments, except with the following changes:

>      removing the words “October 1998” from the headings to Attachments in which they appear;

>      removing the words “February 2004” from the headings to the Attachments in which they appear;

>      updating the site tolerance field to refer to the Broadcasting Services (Technical Planning) Guidelines 2007; and

updating some of the nominal locations of the transmitters  to provide a more accurate description of the transmitter site. This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.

>       

The technical specifications for the transmitters described in Attachments 1.2 to 4.2 include the following characteristics: the nominal transmitter site; the frequency on which the service may be transmitted; other emission details; and

the output radiation pattern (including power limitations).

Clause 4(h) of the instrument also removes Attachment 1.7 of the Kingaroy LAP. Attachment 1.7 described the national radio broadcasting service that was available at Murgon. This attachment has been removed to allow for the introduction of the Australian Broadcasting Corporation Parliamentary News Network/NewsRadio service at Wide Bay in the Bundaberg region of Queensland. This is detailed further in the companion variation ‘Variation to Licence Area Plan for Bundaberg Radio – No.1 of 2011’.

New Attachment 5.1 contains the new definition of the extended Yarraman RA1 licence area in term used by the ABS in the 2006 census. The area of extension includes the communities Blackbutt and Benarkin and is based on the predicted coverage of the varied transmitter details specified at Attachment 5.2.

New Attachment 5.2 contains the technical specifications for the existing community radio broadcasting service that is available in the Yarraman RA1 licence area under service licence number SL1150825. The transmitter details has been varied to change the site of its transmitter to Broadcast Site 12090, D’Aguilar Highway, Yarraman and to increase the maximum power level to 500 watts.