LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Newcastle Radio made under the Broadcasting Services Act 1992
On 14 April 2005, the Australian Broadcasting Authority (the ABA) made a variation to the Licence Area Plan for Newcastle 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 Newcastle Radio on 8 October 1998.
It is referred to in this explanatory paper as “the licence area plan”.
Intended impact and effect
The instrument makes minor and technical variations to the licence area plan to:
- correct previous drafting errors; and
- delete information, that was included for reference only, that does not form part of the licence area plan and which may be confusing.
The ABA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Newcastle area. The ABA does not intend the variation to alter those rights and obligations.
The instrument redefines the licence areas in the Newcastle area and adds the technical specifications for radio broadcasting services in the Newcastle area by:
- providing technical specifications for five additional transmitters for national radio broadcasting services to serve the Port Stephens area;
- providing a technical specification for an additional transmitter for commercial radio broadcasting service with service licence number 4115 (broadcasting as 2HD) to serve the Port Stephens area; and
- including special conditions on each of the technical specifications, referred to above, to minimise any interference to reception of television services in the Port Stephens area by the relevant radio broadcasting services.
In relation to national radio services, the ABA intends the effect of the variation to improve reception of the Newcastle ABC radio services in the Port Stephens area.
In relation to commercial radio services, the ABA intends the effect of the variation to rectify deficiencies in reception of the Newcastle 2HD service in the Port Stephens area.
In relation to licence areas for community and commercial services in the Newcastle area, the ABA intends the effect of the variation 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 24 November 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 17 December 2004.
- On 2 December 2004, the ABA placed an advertisement in the Port Stephens 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 Newcastle area and to interested organisations, agencies and industry bodies including Commercial Radio Australia, Free TV Australia, Air Services 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 four submissions on the draft proposal 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)(i) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to increase the number of national radio services made available in the Newcastle RA1 licence area from six to eleven.
Clause (1)(b)(ii) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to refer to attachments which contain the additional technical specifications for the additional national radio services referred to above and the technical specification for an additional transmitter for the commercial radio broadcasting service, referred to above and broadcasting as 2HD.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (7). Clause (7) 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 contains information that was 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 licence areas in the Newcastle area (including the Newcastle RA1 and RA2, Cessnock/Maitland RA1, Lake Macquarie RA1 and Port Stephens RA1 licence areas). In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.
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 from Port Stephens by national radio broadcasting services;
- provides details of an additional transmitter for broadcast on the FM band by Newcastle commercial radio broadcasting service 2HD to the Port Stephens area, referred to above; and
- identifies the attachment numbers containing the technical specification for each of those additional transmitters.
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) and (b) of the instrument insert attachments 1.13, 1.14, 1.15, 1.16, 1.17 and 1.18 into the licence area plan. Those attachments contain the technical specifications for the five additional transmitters for national radio broadcasting services and one additional transmitter for the commercial radio broadcasting service, all 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
- special conditions to ensure that broadcasts from the additional transmitters do not interfere with reception of other broadcasting services.
Clauses 4(c), (d), (e), (f) and (g) 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.