Licence Area Plan - Nowra Radio - Variation No. 1 of 2009

Section 26 – Explanatory Statement

Variation No.1 of 2009 to the Licence Area Plan for Nowra Radio – No. 1 of 2009 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 (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).

On 19 November 2009, the ACMA varied the Licence Area Plan (LAP) for Nowra Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory paper as “the instrument”.

The licence area plans 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 Nowra Radio on 12 August 1999 and it was subsequently varied on 10 June 2008. It is referred to in this explanatory statement as “the Nowra LAP”.

Intended impact and effect

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

• changing the technical specification of the commercial radio broadcasting service 2ST’s FM translator, operated under licence number SL4133, so as to relocate the transmitter site and facilitate a change in the antenna height and the effective radiated power.

The instrument also deletes information, included for reference only, that does not form part of the Nowra LAP and which may create confusion, and makes some minor amendments to correct drafting errors. 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 modify the technical specifications of the commercial radio broadcasting service known as 2ST operating in the St Georges Basin area. The ACMA does not intend the variations to significantly alter any existing rights and obligations materially, 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 would give rise to a regulatory obligation, and has undertaken a regulatory analysis process. The ACMA has formed the view that the proposed regulation is likely to have no or low impact on business or the economy, and a regulation impact statement is not necessary in relation to the regulatory proposal (Exemption number ACMA 119).

Consultation and submissions

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

On 6 October 2009, the ACMA published the following papers on its website:

• a draft variation to the Nowra LAP;
• an explanatory paper about the changes proposed in the draft variation to the Nowra LAP, inviting public comment by 30 October 2009; and
• a media release announcing the proposed draft variation to the Nowra LAP.

On 7 October 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Nowra region to advise them of the release of the draft variation to the Nowra LAP and to invite their comments.

On 9 October 2009, the ACMA placed an advertisement in the ‘South Coast Register’ outlining the proposed effect of the draft variation on the LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.

The ACMA received no submissions on the draft variation to the Nowra LAP and accompanying explanatory paper.

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 Nowra Radio – No. 1 of 2009.

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 replaces Schedule One, Schedule Two, Schedule Four, Schedule Five and Schedule Six to the Nowra LAP. These schedules set out the details of the national, commercial and community radio broadcasting services, and the open narrowcasting radio services that are available on particular frequencies in the licence areas determined by the Nowra 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 Nowra LAP, and specify the attachments which contain the technical specifications for each of those transmitters.

The changes to these schedules remove the words “ - Radio – June 2008” from the headings in Schedule One, Schedule Two and Schedule Six and the words “- Radio – August 1999” from the headings in Schedule Four and Schedule Five. The information was originally included for ease of reference only but may be confusing. No other changes are made to the schedules.

Clause 4(b)

Clause (4) (b) of the instrument removes Attachment 1.11 and substitutes in the corresponding place the attachment of the instrument having the same number. This new attachment contains the technical specifications for a translator for the commercial broadcasting service that is available at St Georges Basin under the service licence number SL4133. The new Attachment 1.11 reflects the change in the technical specifications in relation to the site (from Bewong to Huskisson), maximum effective radiated power (ERP) and the antenna height of this transmitter. The Huskisson site provides for easier access to the transmission tower and mitigates disruptions to the transmission of the commercial radio broadcasting service. This modified technical specification is intended to provide adequate FM signal coverage into the St Georges Basin area while avoiding signal overlap with 2ST’s AM service.

Clause (4) (b) of the instrument also removes Attachment 1.1, Attachment 2.1, Attachment 4.1, Attachment 5.1 and Attachment 6.1 of the Nowra LAP and substitutes in the corresponding places the attachments of the instrument having those same numbers. These new attachments contain the definitions of the Nowra RA1, Bowral RA1, Nowra RA2, Ulladulla RA1 and Sanctuary Cove RA1 licence areas in terms of the areas defined by the ABS, using 2006 Census data. The licence areas themselves are unchanged.

Clause (4) (b) of the instrument also removes Attachment 1.2, Attachment 1.3, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.8, Attachment 1.9, Attachment 1.10, Attachment 1.12, Attachment 2.2, Attachment 2.3, Attachment 4.2, Attachment 4.3, Attachment 4.4, Attachment 5.2 and Attachment 6.2 of the Nowra 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 services provided for by the Nowra LAP.

The changes to Attachment 1.2, Attachment 1.3, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.8, Attachment 1.9, Attachment 1.10, Attachment 2.2, Attachment 4.2, Attachment 4.3, Attachment 4.4 and Attachment 5.2 include the removal of the words “ – Radio - August 1999” from the headings. The changes to Attachment 1.12, Attachment 2.3 and Attachment 6.2 include the removal of the words “- Radio – June 2008”.  The information was included for ease of reference only but may be confusing.

The site tolerance has also been updated in Attachment 1.2, Attachment 1.3, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.8, Attachment 1.9, Attachment 1.10, Attachment 2.2, Attachment 4.2, Attachment 4.3, Attachment 4.4 and Attachment 5.2 to refer to the Broadcasting Services (Technical Planning) Guidelines 2007, rather than referring to the “Technical Planning Guidelines”. This information has been updated to ensure the Nowra LAP refers to the full title of this relevant legislative instrument. 

The nominal location information has also been updated in Attachment 1.2, Attachment 1.3,   Attachment 1.5, Attachment 1.6, Attachment 1.9, Attachment 1.10, Attachment 1.12, Attachment 2.2, Attachment 4.2, Attachment 4.3, Attachment 4.4, Attachment 5.2 and Attachment 6.2 to reflect the actual current transmitter site name. This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters.

The Australian Map Grid reference has also been updated in Attachment 1.5, Attachment 1.6, Attachment 2.2 and Attachment 5.2. This information has been updated to provide a more accurate description of the transmitter site of each of these services and does not signify a change in the broadcast site.

A note was removed from Attachment 1.5 which specified that the service could not commence earlier than 1 June 1999. This note is now redundant.

A note was removed from Attachment 1.8 which specified that the service could only commence after transmission on the assigned frequency from another service had ceased. This note is now redundant.

A note was removed from Attachment 5.2 which specified that the licence for this service would be delayed for 12 months after the Nowra Radio LAP was determined in August 1999. This note is now redundant.

No substantive changes were made to any of these attachments.