Licence Area Plan - Moree Radio - Variation No. 1 of 2010

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Explanatory Statement

Section 26 Legislative Instruments Act 2003
Variation to Licence Area Plan – Moree Radio – No.1 of 2010

March 2010

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Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Moree 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).

On 31/03/2010, the ACMA made a variation to the licence area plan (LAP) for Moree Radio. The variation was made under section 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 Moree Radio on 9 July 1998. It is referred to in this explanatory statement as “the Moree LAP”.

Intended impact and effect

In relation to broadcasting services, the instrument varies the characteristics, including technical specifications, of broadcasting services in the Moree area by:

making the FM frequency 101.5 MHz available to the communities of Narrabri, Moree and Gunnedah in the upper Namoi region for the ABC to provide a Parliamentary News Network radio service to the upper Namoi region.

The instrument also deletes and inserts information, included for reference only, that does not form part of the LAP and which may create confusion. It also makes some minor amendments to improve drafting. 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 effect of this variation is to clarify the number and characteristics, including technical specifications, of radio broadcasting services in the Moree 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 gives rise to a low impact regulatory obligation. Therefore, the regulatory impact analysis process has not been applied.

Consultation and submissions

Before varying the Moree LAP, the ACMA undertook the following consultation:

On 11 November 2009, the ACMA published the following papers on its web site:

a draft of the instrument;
a draft variation to the frequency allotment plan (FAP);
an explanatory paper about the changes proposed in the draft instrument, inviting public comment by 11 December 2009; and
a media release announcing the proposed draft variation to the Moree LAP.

On 11 November 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Moree region to advise them of the release of the draft instrument and to invite their comments.

On Thursday 12 November 2009, the ACMA placed an advertisement in the “Moree Champion” newspaper outlining the effect of the draft variation to the Moree 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 two submissions on the draft variation to the Moree LAP, FAP and accompanying explanatory paper.

The submissions were from ABC and 2TRR. Both of the submissions supported the variations.

Description of the provisions of the instrument

Clause (1)

Clause (1) identifies the power under which the ACMA makes the instrument, section 26(2) of the BSA.

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Moree 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 deletes the heading “July 1998” from the front page of the LAP. The information was included for ease of reference only, but may be confusing.

Clause (4)(b)

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

Clause (4)(c)

Clause (4)(c) of the instrument deletes all text appearing immediately under the heading “SCHEDULES” in the Moree LAP (including the heading itself). The information was included for reference only, but may be confusing.

Clause (4)(d)

Clause (4)(d) of the instrument varies the words in clause (2) of the Moree LAP to increase the number of national radio broadcasting services to be available in the Moree RA1 licence area by one, to allow the Parliamentary News Network to be extended to the upper Namoi area.

Clause (4)(e)

Clause (4)(e) of the instrument inserts a new clause (4) into the Determination in the Moree LAP to ensure that it refers to schedules and attachments that have been amended from time to time by the ACMA.

Clause (4)(f)

Clause (4)(f) of the instrument replaces Schedule One and Schedule Two of the Moree LAP. These schedules set out the details of the national, commercial and community radio broadcasting services, and the open narrowcasting radio services that are to be available on particular frequencies in the Moree LAP. In particular, the schedules provide the technical specification numbers for each transmitter to be used by the services in each licence area in the Moree LAP, and specify the attachments which contain the technical specifications for each of those transmitters. The only substantive change to the Schedules is to refer to Attachment 1.26, which includes the technical specifications for the new Parliamentary News Network service.

Additional changes include includes removing the words “- September 1997” from the headings of the schedules. This information was included for ease of reference only, but may be confusing.

Clause (4)(g)

Clause (4)(g) of the instrument removes all the attachments to the Moree LAP and substitutes in the corresponding places the attachments of the instrument having those same numbers. These new attachments contain the technical specifications for each transmitter to be used by the radio broadcasting services in the Moree LAP. The site tolerance has been updated in each of these attachments to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only.

The nominal location of the transmitter specified in each of Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.19, Attachment 1.20 and Attachment 1.24 will be updated to provide a more accurate description of the transmitter site. This information is updated for ease of reference only and does not signify a change in broadcast site.

The Australian Map Grid reference and the nominal location of the transmitter specified in each of Attachment 1.8, Attachment 1.9, Attachment 1.10, Attachment 1.11, Attachment 1.12, Attachment 1.16, Attachment 1.17, Attachment 1.21, Attachment 1.22 and Attachment 1.23 has been updated to reflect the actual locations of the transmitters for these services on the information kept by the former Australian Communications Authority. The change in co-ordinates does not change the planned performance of any of the services.

The antenna height at Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.5, Attachment 1.6 and Attachment 1.7 has been updated to reflect the actual operating conditions for these services on the advice of the Australian Broadcasting Corporation. The change in antenna height does not change the planned performance of any of the services.

Clause (4)(h)

Clause (4)(h) of the instrument inserts Attachment 1.26 into the Moree LAP. This attachment contains the technical specifications for a new national radio broadcasting service to be provided to the upper Namoi area. The service is the Australian Broadcasting Corporation’s Parliamentary News Network/NewsRadio service.

Overview

The Variation to Licence Area Plan for Moree Radio – No. 1 of 2010 is a legislative instrument made under section 26(2) of the Broadcasting Services Act 1992 (BSA) by the Australian Communications and Media Authority (ACMA). Enacted on 31 March 2010, this instrument aims to update and clarify the technical specifications and characteristics of radio broadcasting services in the Moree area, particularly in relation to the introduction of the Australian Broadcasting Corporation’s (ABC) Parliamentary News Network radio service to the upper Namoi region. The ACMA, which exercises powers and functions under the BSA pursuant to the Australian Communications and Media Authority Act 2005, introduced this variation to enhance the efficiency and clarity of the broadcasting services in the specified region, while ensuring that existing rights and obligations remain unaffected except as specified. The instrument reflects an update to align with the Australian Bureau of Statistics’ 2006 census data and incorporates technical specifications for the new service.

Scope and Application

The Variation to Licence Area Plan for Moree Radio – No. 1 of 2010, made under the Broadcasting Services Act 1992, applies to broadcasting services within the Moree area of Australia, specifically focusing on the technical specifications and characteristics of these services. The Australian Communications and Media Authority (ACMA) is the entity responsible for making this variation, which primarily affects broadcasters operating in the Moree region, including the Australian Broadcasting Corporation (ABC). The variation aims to clarify the technical specifications and number of radio broadcasting services available in the Moree area, particularly to accommodate the ABC's Parliamentary News Network radio service for the upper Namoi region. The instrument comes into effect the day after it is registered on the Federal Register of Legislative Instruments. It does not impose any new regulatory obligations on the broadcasters beyond the clarifications and updates specified in the variation, such as the availability of the FM frequency 101.5 MHz for the Parliamentary News Network service. The ACMA ensures that the variation does not alter existing rights and obligations except as explicitly outlined in the instrument. The geographic scope of this variation is limited to the Moree area, with no stated national or jurisdictional reach beyond this specific region.

Key Provisions

The primary sections of the legislation in question involve the variation of the Licence Area Plan (LAP) for Moree Radio, made under section 26(2) of the Broadcasting Services Act 1992 (BSA) (Clause 1). The Variation to the Licence Area Plan for Moree Radio – No. 1 of 2010 (Clause 2) is intended to update the technical specifications and characteristics of broadcasting services in the Moree area, particularly to make the FM frequency 101.5 MHz available for the ABC’s Parliamentary News Network radio service in the upper Namoi region (Clause 4(d)). The instrument also includes modifications to improve clarity and accuracy, such as updating licence area definitions to reflect the Australian Bureau of Statistics’ 2006 census data (Clause 4(h)) and ensuring that references to schedules and attachments are current (Clause 4(e)). The instrument becomes effective the day after it is registered on the Federal Register of Legislative Instruments (Clause 3). The obligations imposed by the Act on the parties governed by it include ensuring that the technical specifications and characteristics of broadcasting services align with the updated LAP. The Australian Communications and Media Authority (ACMA), as the entity responsible for making the variation, must ensure that the changes are implemented correctly and that the updated LAP reflects accurate and current information. Broadcasters and other stakeholders must comply with the new technical specifications and service characteristics as outlined in the variation. Additionally, the ACMA must ensure that the changes do not alter any existing rights and obligations, except as explicitly stated in the instrument (Clause 4). There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of this legislation. However, non-compliance with the broadcasting services’ technical specifications and characteristics could lead to regulatory action under the BSA. Broadcasters who fail to adhere to the updated LAP may face enforcement actions, including fines and other penalties, as prescribed under the BSA. The maximum penalties for breaches of the BSA can be substantial, potentially including fines of up to $220,000 for individuals and $1,100,000 for bodies corporate, depending on the nature and severity of the breach.

Area of Law: Broadcasting Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards; Administrative Discretion

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