EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
Licence Area Plan Variation
Perth Radio
November 2006
© Commonwealth of Australia November 2006
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LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Perth Radio – No 1 of 2005 made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 16 November 2006, ACMA made a variation to the licence area plan (LAP) for Perth 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 LAP and variations
ACMA prepares LAPs under section 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.
ACMA may vary LAPs under section 26(2) of the BSA.
The ABA made the LAP for Perth Radio on 11 October 2001 and varied it on 19 September 2002 and 22 October 2002. ACMA varied the LAP on 16 November 2006. It is referred to in this explanatory statement as “the LAP”.
Intended impact and effect
In relation to broadcasting services, the instrument adds technical specifications for a new community radio service, and varies technical specifications for commercial and community radio services in the Perth radio licence area by:
- amending the technical specifications for community radio service 6RPH to reflect a change of site and allow for a power increase;
- amending the technical specifications for community radio service 6NR to reduce the maximum effective radiated power following a move to a higher site with an increased antenna height;
- amending the technical specifications for community radio service 6YMS to operate with an increased maximum effective radiated power following a move to a lower site with a lower antenna height;
- amending the technical specifications for commercial radio service 6PR to reflect a change of site;
- determining technical specifications for an additional community radio licence to serve the Perth city area;
- amending the technical specifications for community radio service 6TCR Wanneroo to increase the maximum effective radiated power to the north commensurate with an extension of the licence area, which is redefined using 2001 Census boundaries.
The instrument updates the description of the licence areas referred to in the LAP as Armadale RA1, Fremantle RA1 and Kalamunda RA1. ACMA intends the effect of the updates to redefine these licence areas in terms used by the Australian Bureau of Statistics in the 2001 Census. The variation is of a minor and machinery nature and ensures consistency between the LAP and the Census. ACMA does not intend that the licence areas are to be altered in a substantial way.
The instrument also makes minor and technical variations to the LAP to delete information that was included for reference only, that does not form part of the LAP and which may be confusing.
ACMA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Perth area. ACMA does not intend the variation to alter those rights and obligations.
Consultation and Submissions
Between 2003 and 2005, the ABA received unsolicited requests from the licensees of 6RPH, 6NR, 6YMS, 6TCR and 6PR for amendments to the technical specifications for their respective services.
Before making a decision to vary the LAP, ACMA undertook the following steps by way of consultation:
On 6 September 2004, the ABA published the following papers on its website:
- a draft variation to the LAP; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 24 September 2004.
Subsequently, on 14 December 2005, ACMA published the following papers on its website:
- a revised draft variation to the LAP in the same form as the instrument; and
- an explanatory paper about the changes proposed in a revised draft variation, inviting public comment by 6 February 2006.
On 10 September 2004, the ABA placed an advertisement in the “West Australian” newspaper outlining the effect of the initial draft variation on the LAP, providing details of how to obtain copies of the draft variation, how to access it on ABA’s website and inviting public comment.
On 17 December 2005, ACMA placed an advertisement in the “West Australian” newspaper outlining the effect of a revised draft variation on the LAP, providing details of how to obtain copies of the revised draft variation, how to access it on ACMA’s website and inviting public comment.
In September 2004 and December 2005 respectively, the ABA and ACMA wrote to licensees providing radio broadcasting services to the Perth licence area to advise them of the release of the draft variation and revised draft variation and relating explanatory papers, and to invite their comments.
At these times, the ABA and ACMA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Commercial Radio Australia Ltd, Free TV Australia, Broadcast Australia, Air Services Australia, to advise them of the release of the draft variation and explanatory paper and to invite their comments.
The ABA received eleven submissions on the draft proposal and explanatory paper, and ACMA received nineteen submissions on the revised 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 LAP to number each of the paragraphs in the determination consecutively as clauses.
Clause 1 (b) adds the text at paragraph (7) to make a new community radio service available to serve the Perth City area.
Clause 1 (b) of the instrument also varies the text of the determination in the LAP to insert a new clause (8) that ensures that references to schedules and attachments include schedules and attachments that have been amended from time to time by ACMA.
Clause (2) of the instrument deletes all text appearing immediately under the heading “Schedule” in the LAP, including text under the subheadings “Status column” and “Frequency column”. The information, included for reference only, does not form part of the LAP and may be confusing.
Clause (3)(a) and (b) of the instrument varies Schedule One and Five to the LAP respectively. 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 Perth RA1,Wanneroo RA1 and Perth RA2 licence area. In particular, the schedule provides the technical specification numbers for the transmitters to be used by the services and specifies the attachments which contain the technical specification for each of those transmitters.
The updated schedules do not include a status column. The status column contained information, included for reference only, that may be confusing.
Clause (3)(c) of the instrument deletes column 2 of Schedule One. This column had the heading “Status” and as noted above, contained information, included for reference only, that does not form part of the LAP and which may be confusing.
Clause (3)(d) adds Schedule Six to the instrument in relation to a new community radio service for the Perth City area.
Clause (4) of the instrument inserts Attachments 1.9, 1.12, 1.17, 1.19, 1.21, 1.26, 5.1, 5.2, 6.1 and 6.2 of the instrument.
The inserted Attachment 1.9 contains the technical specifications reflecting the change in site for commercial radio service 6PR.
Attachment 1.12 and 1.21 contains unchanged technical specifications for the existing translator at Rockingham for commercial radio service 6IX and the existing transmitter for community radio service 6AR, respectively but does change the Attachment reference from 1.12.1 to 1.12 and 1.21.1 to 1.21, respectively.
The inserted Attachment 1.17 contains technical specifications for community radio service 6RPH to reflect a site change and power increase.
The inserted Attachment 1.19 contains technical specifications for community radio service 6NR to reflect a site change.
The inserted Attachment 1.26 contains technical specifications for community radio service 6YMS to reflect a site change and power increase.
Attachment 5.1 redefines the Wanneroo licence area RA1 for community radio service 6TCR to include all of the City of Wanneroo and City of Joondalup. The inserted
Attachment 5.2 contains technical specifications for community radio service 6TCR which reflect an increase in power.
Attachment 6.1 of the instrument defines the Perth RA2 licence area in terms used by the Australian Bureau of Statistics at the most recent census.
The inserted Attachment 6.2 contains technical specifications for a new community radio service for Perth city.