LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Launceston Radio – No 1 of 2005 made under the Broadcasting Services Act 1992
On 24 March 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Launceston Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.
The licence area plan and variations
The ABA prepares licence area plans under section 26(1) of the BSA. Licence area plans 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 ABA may vary licence area plans under section 26(2) of the BSA.
The ABA made the licence area plan for Launceston Radio on 13 December 2001. It is referred to in this explanatory statement as “the licence area plan”.
Intended impact and effect
The instrument redefines the relevant licence areas and varies the technical specifications with which radio services in the Launceston licence area must comply by:
- providing technical specifications for additional transmitters that may transmit on FM frequencies for two commercial radio broadcasting services currently transmitting on AM frequencies as Radio 7LA AM and Radio 7EX AM;
- Providing a technical specification for an additional radio transmitter that may transmit on a FM frequency for the national radio broadcasting service currently transmitting on an AM frequency as Radio 7NT AM; and
- changing the frequency for transmission of the national radio broadcasting service operating as 7JJJ FM; and
- removing a special condition from the technical specification for the national radio broadcasting service operating as 7ABCRN FM.
In relation to commercial radio broadcasting services, the ABA intends the effect of the variation to improve the quality of reception of those services in the Launceston licence area by providing for FM commercial radio services to be available for the first time. In particular, the effect will be to convert the two AM radio stations servicing the Launceston licence area (currently broadcasting as Radio 7LA AM and Radio 7EX AM) to FM services. The conversion is intended to take no longer than 18 months.
In relation to national radio broadcasting services, the ABA intends the instrument to have the effect of improving the quality of reception of those services through:
conversion of the AM service, currently operating as 7NT, to an FM service over the same 18 month period;
removal of a special condition on the technical specification for the service operating as 7ABCRN FM limiting the direction of its transmission (as it was no longer necessary following the move by national television broadcasting service, channel 3, from the VHF band to the UHF band); and
transmission of the service operating as 7JJJ on a different frequency (that became available following the cessation of the ABNT3 television service).
In relation to licence areas for community and commercial radio broadcasting services, the ABA intends the effect of the variation to be to redefine the relevant licence areas in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. The ABA does not intend that the licence areas are to be altered in a substantial way.
Consultation
Before making a decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:
- On 23 September 2004, the ABA published the following papers on its website:
- a draft variation to the licence area plan; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 29 October 2004.
- On 29 September 2004, the ABA placed an advertisement in the Launceston Examiner newspaper outlining the effect of the draft variation to the licence area plan, providing details of how to obtain copies of the draft variation, and inviting public comment.
- The ABA wrote to licensees of commercial, community and national broadcasting services within the Launceston licence area and in neighbouring licence areas and to interested organisations, agencies and industry bodies, including the Community Broadcasting Association of Australia, Commercial Radio Australia, Australian Competition and Consumer Commission, Airservices Australia and the Australian Communications Authority. The ABA advised them of the release of the draft variation and explanatory paper and invited comments.
The ABA received 42 submissions on the draft proposal and explanatory paper. It revised the draft variation and undertook the following additional steps by way of consultation:
- On 20 December 2004, the ABA published the following papers on its website:
- a revised draft variation to the licence area plan in accordance with the submissions; and
- an explanatory paper about the changes proposed in the revised draft variation, inviting public comment by 28 January 2005.
- On 21 December 2004, the ABA placed an advertisement in the Launceston Examiner newspaper outlining the effect of the revised draft variation to the licence area plan, providing details of how to obtain copies of the revised draft variation or how to access it on the website and inviting public comment.
- The ABA wrote to licensees of commercial, community and national broadcasting services within the Launceston licence area and in neighbouring licence areas and to interested organisations, agencies and industry bodies, including those listed above. The ABA advised them of the release of the revised draft variation and explanatory paper and invited comments.
The ABA received 18 submissions in regard to the revised draft variation and explanatory paper.
Description of the provisions of the instrument
Clause (1)(a) of the instrument varies the text of the determination in the licence area plan to number each of the paragraphs in the determination consecutively as clauses.
Clause (1)(b) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to refer to attachments which contain the technical specifications for transmission on the FM band of the existing national and commercial AM radio broadcasting services, referred to above.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (6). Clause (6) will ensure that references in the determination to schedules and attachments are references to schedules and attachments that have been amended from time to time by the ABA.
Clause (2) of the instrument deletes page 2 of the licence area plan. The page contained information included for reference that does not form part of the licence area plan and which may be confusing.
Clause (3) of the instrument varies the schedules to the licence area plan. 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 Launceston RA1 and RA2, George Town RA1 and Northern Midlands RA1 licence areas. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachment which contains the technical specification for each of those radio broadcasting services.
Clause (3)(a) of the instrument deletes Schedule One of the licence area plan and substitutes an updated schedule. The updated schedule:
- provides details of additional transmitters for broadcast on the FM band by the existing AM national and commercial radio broadcasting services, referred to above; and
- provides for a different transmitter to be used to transmit the existing national radio broadcasting service 7JJJ on a different FM frequency.
The schedules in the licence area plan have status columns that contain information, included for reference, that does not form part of the licence area plan and which may be confusing. The updated Schedule One does not contain a status column. Clause (3)(b) of the instrument deletes the status columns from all other schedules to the licence area plan.
Clauses (4)(a), (b) and (c) of the instrument insert attachments 1.9, 1.10 and 1.11 into the licence area plan. Those attachments contain the technical specifications for transmission on the FM band of the existing national and commercial AM radio broadcasting services, referred to above.
The technical specifications for those services include the following characteristics:
- the nominal transmitter site;
- the frequency on which the service may be transmitted;
- other emission details;
- the output radiation pattern (including power limitations); and
- a special condition requiring transmission on the service within eighteen months or by a later date specified by the ABA.
Clause 4(d), (e) and (f) of the instrument deletes attachments 1.2, 1.7 and 1.8 of the principal instrument, containing the technical specifications for the transmission of the national and commercial radio services transmitting in the AM band referred to above. The attachments are substituted by attachments 1.2, 1.7 and 1.8 of the instrument which contains the same technical specifications and an additional special condition. The special condition requires those services to cease transmission using those specifications (that is, transmission on the AM band) within 18 months, unless the ABA specifies a later date. The condition also provides for a period of no longer than 90 days for the simulcast of those radio broadcasting services on the AM and FM bands.
Clause 4(g) of the instrument deletes a special condition, which is no longer necessary, from the technical specification for the national radio broadcasting service operating as 7NT.
Clause 4(h) of the instrument changes the technical specification for the national radio broadcasting service operating as 7JJJ so that it will broadcast on a different frequency.
Clauses 4 (i), (j), (k) and (l) of the instrument replace the existing descriptions of the relevant licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. It is not intended to substantially alter the boundaries of the existing licence areas.
Clause (5) of the instrument provides for the instrument to commence on the date that it is determined by the ABA.