EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan
Oatlands Radio
November 2005
© Commonwealth of Australia November 2005
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Published by the Australian Communications and Media Authority
PO Box 34
Belconnen ACT 2616
Determination of Licence Area Plan for Oatlands Radio made under the Broadcasting Services Act 1992
On 17 November 2005 the Australian Communications and Media Authority (ACMA) determined a Licence Area Plan for Oatlands Radio. The determination was made under section 26(1) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement as “the licence area plan”.
Preparation of a licence area plan
ACMA 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.
Intended impact and effect
ACMA intends the effect of the licence area plan to be to make a community radio broadcasting service available in the Oatlands area of Tasmania.
Consultation
On 11 October 2004, ACMA received an unsolicited request from an incorporated aspirant community radio broadcaster, Southern Midlands Community Radio Station Inc. to make channel capacity available for a permanent community broadcasting service in the Oatlands area of Tasmania.
Before making its decision to determine the licence area plan for Oatlands, ACMA undertook the following steps by way of consultation:
On 23August 2005, ACMA published the following papers on its website:
- a draft licence area plan in the same form; and
- an explanatory paper about the proposal and inviting public comment by 9 September 2005.
On 3 September 2005, ACMA placed an advertisement in The Mercury newspaper outlining the effect of the draft licence area plan, providing details of how to obtain copies of the draft licence area plan and how to access it on ACMA’s website, and inviting public comment.
ACMA wrote to persons providing broadcasting services in the adjacent Hobart licence area to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.
ACMA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, and Commercial Radio Australia, as well as Air Services Australia, to advise them of the release of the draft licence area plan and explanatory paper and to invite their comments.
ACMA received one submission on the draft licence area plan and explanatory paper.
Description of the provisions of the licence area plan
Clause (1) of the licence area plan determines that there will be a licence area plan for broadcasting services in the Oatlands area of Tasmania.
Clause (2) of the licence area plan provides that:
- there will be one community radio broadcasting service available in the area described at Attachment 1.1 to the licence area plan. Attachment 1.1 describes the Oatlands area in terms used by the Australian Bureau of Statistics at the last Census.
- the characteristics (including the technical specification) are set out in Schedule One and Attachment 1.2 to the licence area plan.
Clause (3) of the licence area plan provides that a reference in the determination to a schedule or an attachment, includes a reference to a schedule or attachment as amended from time to time.
Schedule One sets out details of the community radio broadcasting service that is to be available in the Oatlands area including the technical specification number for the transmitter to be used by the service.
Attachment 1.2 contains the technical specification for the transmitter for the service, including:
- the nominal transmitter site;
- the frequency on which the service may be transmitted;
- other emission details; and
- the output radiation pattern (including power limitations).