Licence Area Plan - Melbourne Radio - Variation No. 1 of 2012

EXPLANATORY STATEMENT

ISSUED BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

VARIATION TO LICENCE AREA PLAN – MELBOURNE RADIO –
NO.1 OF 2012

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 – Melbourne Radio – June 2000. 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 licence area plans (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 – Melbourne Radio – June 2000 (referred to in this explanatory statement as “the Melbourne LAP”) on 22 June 2000 and varied it on 5 July 2001, 18 October 2001, 5 December 2002 and 1 April 2004. The ACMA subsequently varied the Melbourne LAP on 27 April 2006.

Intended impact and effect

The variation varies the characteristics, including technical specifications, of the commercial radio broadcasting service 3MP at Melbourne to increase the cymomotive force (CMF) to 2140 volts (V) and change its radiation pattern.

The variation also updates the description of the existing commercial and community radio licence areas in the Melbourne LAP so that they are defined in terms used in the 2006 census and are consistent with the ACMA’s most recent determination of population of the licence areas under section 30 of the BSA.

The variation also makes minor amendments to delete information included for reference only that does not form part of the Melbourne LAP and which may create confusion.

The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Melbourne 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 variation 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 exemption reference number: 13146.

The Statement of Compatibility with Human Rights has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Consultation

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

On 24 November 2011, the ACMA published the following papers on its website:

• a Draft Variation to Licence Area Plan – Melbourne Radio – No.1 of 2011;
• an explanatory paper and licence area maps outlining the changes proposed in the draft variation, and inviting public comment by 6 January 2012; and
• a media release announcing the draft variation.

On 24 November 2011, the ACMA wrote to the licensees providing national, commercial, community radio broadcasting services and open narrowcasting radio services in the Melbourne LAP, and in the LAPs for Ballarat Radio, Bendigo Radio, Geelong Radio, Maryborough Radio, Shepparton Radio and Warragul Radio, to advise them of the release of the draft variation and to invite their comments by 6 January 2012.

On 24 November 2011, the ACMA also wrote to the licensee of the commercial radio broadcasting service with the call sign 8SAT in the Remote Commercial Radio Service Central Zone RA1 to advise of the release of the draft variation and to invite comments by 6 January 2012.

On 29 November 2011, the ACMA placed an advertisement in the ’Melbourne Age’ 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 6 January 2012.

Submissions

The ACMA received three submissions on the Draft Variation to Licence Area Plan – Melbourne Radio – No. 1 of 2011.

Description of the provisions of the variation

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 – Melbourne Radio – No. 1 of 2012.

Clause (3)

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

Sub-clause (4)(a)

Sub-clause (4)(a) renames the Melbourne LAP the “Licence Area Plan – Melbourne Radio”.

Paragraphs (4)(b)(i), (ii), (iii) and (iv)

Paragraph (4)(b)(i) amends the heading on page one of the Melbourne LAP so that it reads “Licence Area Plan – Melbourne Radio”.

Paragraph (4)(b)(ii) removes the heading “Determination” from page one of the Melbourne LAP.

Paragraph (4)(b)(iii) omits clauses (1) and (2) from the Melbourne LAP and substitutes clauses (1), (2) and (3) of the variation.

The new clause (1) has been included to better reflect that the Melbourne LAP is for radio broadcasting services in the Melbourne area of Victoria, and is made under subsection 26(1) of the BSA.

The new clause (2) has been included to substitute the word “determination” with the word “plan”, and substitutes the numbers “1.2 – 1.31” with the numbers “1.2 – 1.12 and 1.14 – 1.31”. This reflects the removal of Attachment 1.13 from the Melbourne LAP, which and has been replaced by the technical specifications at Attachment 1.14.

Paragraph (4)(b)(iv) omits the word “determination” and substitutes the word “plan” in clauses (3) to (20) of the Melbourne LAP.

Sub-clause (4)(c)

Sub-clause (4)(c) replaces Schedule One of the Melbourne LAP with Schedule One of the variation.

This Schedule sets out the details of the national, commercial and community radio broadcasting and open narrowcasting radio services that are to be available on particular frequencies in the Melbourne RA1 licence area.

In particular, the Schedule provides the technical specifications for each transmitter to be used by the services in the licence areas, and specifies the Attachments which contain the technical specifications for each of those transmitters.

This Schedule has been included to change the transmitter specification number for service licence number SL4144 (3MP) from TS4144001 to TS1133736.

Sub-clause (4)(d)

Sub-clause (4)(d) amends Schedules Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen and Eighteen of the Melbourne LAP by omitting the heading “Licence Area Plan : Melbourne Radio – June 2000” and substituting the heading “Licence Area Plan : Melbourne Radio”. This will ensure consistency with other recently varied radio LAPs.

Sub-clause (4)(e)

Sub-clause (4)(e) omits the heading: “DISCLAIMER:” and all six paragraphs that follow that heading immediately following Schedule Eighteen of the Melbourne LAP. That information is now outdated and has been removed to avoid confusion.

Sub-clause (4)(f)

Sub-clause (4)(f) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.10, 1.17, 1.18, 1.19, 1.20, 1.21, 1.26, 1.27, 1.28, 1.29, 1.30, 1.31, 2.2, 3.2, 4.2, 5.2, 6.2, 7.2, 8.2, 9.2, 10.2, 11.2, 12.2, 12.3, 13.2, 14.2, 15.2, 16.2, 17.2 and 18.2 of the Melbourne LAP by omitting the heading “Licence Area Plan : Melbourne – June 2000” and substituting the heading “Licence Area Plan : Melbourne Radio”. This will ensure consistency with other recently varied radio LAPs.

Sub-clause (4)(g)

Sub-clause (4)(g) amends Attachments 1.14 and 1.23 of the Melbourne LAP by omitting the heading “Licence Area Plan : Melbourne – July 2001” and substituting the heading “Licence Area Plan : Melbourne Radio”. This will ensure consistency with other recently varied radio LAPs.

Sub-clause (4)(h)

Sub-clause (4)(h) amends Attachments 1.9, 1.11, 1.15, 1.16, 1.24 and 1.25 of the Melbourne LAP by omit the heading “Licence Area Plan : Melbourne – April 2006” and substitute the heading “Licence Area Plan : Melbourne Radio”. This will ensure consistency with other recently varied radio LAPs.

Sub-clause (4)(i)

Sub-clause (4)(i) removes Attachments 1.1, 1.1.1, 2.1, 2.1.1, 3.1, 3.1.1, 4.1, 4.1.1, 5.1, 5.1.1, 6.1, 6.1.1, 7.1, 7.1.1, 8.1, 8.1.1, 9.1, 9.1.1, 10.1, 10.1.1, 11.1, 11.1.1, 12.1, 12.1.1, 13.1, 13.1.1, 14.1, 14.1.1, 15.1, 15.1.1, 16.1, 16.1.1, 17.1 17.1.1 , 18.1 and 18.1.1 from the Melbourne LAP and substitutes Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1, 16.1, 17.1 and 18.1 of the variation.

The new Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1, 16.1, 17.1 and 18.1 respectively contain the definitions of the Melbourne RA1, Bacchus Marsh RA1, Camberwell RA1, Melbourne City RA1, Melbourne East RA1, Melbourne North East RA1, Melbourne North West RA1, Melbourne South East RA1, Melbourne South RA1, Melbourne West RA1, Melton RA1, Mornington RA1, Mountain Districts RA1, Plenty Valley RA1, Sunbury RA1, Waverley VIC RA1, Werribee RA1 and Yarra Valley RA1  licence areas in terms used by the ABS in the 2006 census, but otherwise they remain unchanged.

The omitted Attachments 1.1.1, 2.1.1, 3.1.1, 4.1.1, 5.1.1, 6.1.1, 7.1.1, 8.1.1, 9.1.1, 10.1.1, 11.1.1, 12.1.1, 13.1.1, 14.1.1, 15.1.1, 16.1.1, 17.1.1 and 18.1.1 described the Melbourne RA1, Bacchus Marsh RA1, Camberwell RA1, Melbourne City RA1, Melbourne East RA1, Melbourne North East RA1, Melbourne North West RA1, Melbourne South East RA1, Melbourne South RA1, Melbourne West RA1, Melton RA1, Mornington RA1, Mountain Districts RA1, Plenty Valley RA1, Sunbury RA1, Waverley VIC RA1, Werribee RA1 and Yarra Valley RA1  licence areas in terms used by the ABS in the 2001 census. They have been removed to avoid any confusion.

Sub-clause (4)(j)

Sub-clause (4)(j) omits Attachments 1.13, 1.16.1, 1.24.1 and 1.25.1 from the Melbourne LAP.

In July 2001, the ABA varied the Melbourne LAP to make the AM frequency 1116 kHz, described at Attachment 1.14, available for relocation of the 3AK commercial radio service and to make channel capacity at 1503 kHz, described at Attachment 1.13, available for a new AM community radio service. This frequency has subsequently been made available for the 3KND community radio service and is now described at Attachment 1.23.

Updating the Melbourne LAP at this time will ensure that previous variations to the Melbourne LAP have been effected correctly, and will also remove any confusion as to the use of frequency 1503 kHz.

The April 2004 Melbourne LAP variation replaced Attachments 1.16, 1.1.24 and 1.25 with new Attachments 1.16.1, 1.24.1 and 1.25.1. To ensure consistency with other recently varied radio LAPs, Attachments 1.16.1, 1.24.1 and 1.25.1 of the Melbourne LAP have now been replaced by new Attachments 1.16, 1.24 and 1.25. This will not alter the operation of the relevant services.

Sub-clause (4)(k)

Sub-clause (4)(k) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11. 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.120, 1.21, 1.3, 1.24, 1.25, 1.26, 1.27, 1.28, 1.29, 1.30, 1.31, 2.2, 3.2, 4.2, 5.2, 6.2, 7.2, 8.2, 9.2, 10.1, 11.2, 12.2, 12.3, 13.2, 14.2, 15.2, 16.2, 17.2 and 18.2 of the Melbourne LAP by omitting, under “Site Tolerance”, the entry “Refer to Technical Planning Guidelines” and substituting “Refer to Broadcasting Services (Technical Planning) Guidelines 2007”.

These modifications have been made for ease of reference only and do not signify a change to the broadcast site for the transmitters.

Sub-clause (4)(l)

Sub-clause (4)(l) omits Attachment 1.12 of the Melbourne LAP and substitutes Attachment 1.12 of the variation.

The new Attachment 1.12 contains the modified technical specifications of the commercial radio broadcasting service 3MP. 3MP’s CMF has been increased from a maximum of 1225 V to a maximum of 2140 V, with a modified directional radiation pattern. The modified technical specifications are described below: