Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Perth 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 (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 20 May 2010, the ACMA made a variation to the licence area plan (LAP) for Perth radio. The variation was made under subsection 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 Perth Radio on 11 October 2001. It is referred to in this explanatory statement as “the Perth LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of broadcasting services in the Perth area by:

• changing the category of service of the local coverage FM frequency 90.5 MHz from a community radio broadcasting service to an open narrowcasting radio service, and varying the technical specifications for this service;
• changing the technical specifications for this open narrowcasting radio service to facilitate an increase in the maximum effective radiated power (ERP) from 500 W DA (directional antenna) to 5 kW DA, to relocate the transmitter site from Wireless Hill to Mills Road, Gosnells and to decrease the antenna height from 50 m to 15 m; and
• removing the Perth RA2 community radio broadcasting licence area.

The instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and also makes some minor amendments to revise the drafting of the Perth LAP. 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 impact and effect of this variation is to increase the diversity of services available in Perth by the addition of a high powered open narrowcasting radio service. The ACMA also intends to clarify the characteristics, including technical specifications, of radio broadcasting services in the Perth 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 would give rise to a regulatory obligation and has undertaken a regulatory analysis process. The ACMA has formed the view that that 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.

Consultation and submissions

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

On 30 March 2010, the ACMA published the following papers on its web site:

• a draft variation to the LAP;
• an explanatory paper about the changes proposed in the draft variation to the Perth LAP, inviting public comment by 30 April 2010;
• a draft variation to the frequency allotment plan for Perth radio;
• a predicted coverage map of the high power open narrowcasting radio service; and
• a media release announcing the proposed draft variation to the Perth LAP.

On 31 March 2010, the ACMA wrote to the licensees providing radio and TV broadcasting services to the Perth region to advise them of the release of the draft variation to the Perth LAP and to invite their comments.

On 3 April 2010, the ACMA placed an advertisement in the “West Australian” newspaper outlining the effect of the draft variation on the Perth 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 29 submissions on the draft variation to the Perth LAP and accompanying explanatory paper. The ACMA published these submissions on its web site for public viewing.

Description of the provisions of the instrument

Clause (1)

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

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Perth 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 removes the words “ – October 2001” from the heading on the first page.

Clause 4(b)(i)

Clause (4)(b)(i) of the instrument inserts words into clause (2) of the Perth LAP to add an open narrowcasting radio service in Perth.

Clause 4(b)(ii)

Clause (4)(b)(ii) of the instrument omits the words “Attachments 1.2 – 1.34” and substitutes the words “Attachments 1.2 – 1.35” from clause (2) of the determination in the Perth LAP in order to reflect the inclusion of Attachment 1.35.

Further explanation on the inclusion of Attachment 1.35 is at clause (4)(k).

Clause (4)(c)

Clause (4)(c) of the instrument removes clause (7) from the determination in the Perth LAP to remove a planned community radio broadcasting service from the Perth RA2 licence area.

Clause (4)(d)

In order to reflect consecutively numbered clauses of the determination in the Perth LAP clause (4)(d) of the instrument renumbers clause (8) as clause (7).

Clause (4)(e)

Clause (4)(e) of the instrument omits Schedules One to Five to the Perth LAP, and substitutes new schedules in their place. 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 licence areas determined by the Perth 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 Perth LAP, and specify the attachments which contain the technical specification for each of those transmitters.

The changes to the schedules omit some irrelevant material and insert the details of a new open narrowcasting radio service to be available in Perth.

Clause (4)(f)

Clause (4)(f) of the instrument removes Schedule Six to the Perth LAP to omit the details of a previously planned community radio broadcasting service that is no longer available in Perth RA2 licence area.

Clause (4)(g)

Clause (4)(g) of the instrument removes Attachment 1.1, Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.9, Attachment 1.10, Attachment 1.11, Attachment 1.12, Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.16, Attachment 1.17, and Attachment 1.19 of the Perth LAP and substitutes in the corresponding places the attachments to the instrument having those same numbers.

The new Attachment 1.1 contains the definition of the Perth RA1 licence area in terms of the area defined by the Australian Bureau of Statistics, using 2006 Census data. The licence area of Perth RA1 itself is unchanged.

The new Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.10, Attachment 1.11, Attachment 1.13, Attachment 1.15, and Attachment 1.16 contain the technical specifications for various transmitters to be used by the radio services in the Perth LAP.

These new attachments:

• omit the words “ – October 2001” from the heading of each attachment. This information was originally included for reference only, but may be confusing;
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument; and
• except for Attachment 1.11, update the nominal location 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 new Attachment 1.9, Attachment 1.12, Attachment 1.17, and Attachment 1.19, contain the technical specifications for various transmitters to be used by the radio services in the Perth LAP.

These new attachments:

• omit the words “ – November 2006” from the heading of each attachment. This information was originally included for reference only, but may be confusing; and
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument.

The new Attachment 1.14 contains the technical specifications for the transmitter to be used by the commercial radio broadcasting service SL 1150743 in the Perth LAP. This new attachment updates the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument.

Clause (4)(h)

Clause (4)(h) of the instrument omits Attachment 1.21 of the Perth LAP.  Attachment 1.21 contained the technical specifications for a transmitter for the community radio broadcasting service with the service licence number SL1150746 (currently operated by 6NME) that serves the general area of Perth within in the Perth RA1 licence area. New technical specifications for this service have been determined and can be found at Attachment 1.33.

 Clause (4)(i)

Clause (4)(i) of the instrument inserts Attachment 1.22 into the Perth LAP. This new attachment contains the technical specifications for a community radio broadcasting service with the service licence number SL3079. This attachment was inadvertently removed from the Perth LAP in the Variation to Licence Area Plan for Perth Radio – No. 1 of 2009.

Clause (4)(j)

Clause (4)(j) of the instrument omits Attachment 1.23 of the Perth LAP.  Attachment 1.23 contained the technical specifications for a transmitter for the community radio broadcasting service with the service licence number SL3079 (currently operated by 6RTR) that serves the general area of Perth within in the Perth RA1 licence area. New technical specifications for this service have been determined and can be found at Attachment 1.34.

Clause (4)(k)

Clause (4)(k) of the instrument omits Attachment 1.24, Attachment 1.26, Attachment 1.27, Attachment 1.28, Attachment 1.29 and Attachment 1.30 of the Perth LAP and substitutes in the corresponding places the attachments to the instrument having those same numbers.

The new attachments contain the technical specifications for various transmitters to be used by the radio services in the Perth LAP.

These new attachments:

• except for Attachment 1.26 omit the words “ – October 2001” from the heading of each attachment. For Attachment 1.26, the words “ – November 2006” are omitted. This information was originally included for reference only, but may be confusing;
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument;
• except for Attachment 1.29 and Attachment 1.30, update the nominal location 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; and
• removes the following text from Attachment 1.28, Attachment 1.29 and Attachment 1.30:
  
  ‘This transmission is permitted within the defined coverage area. This transmitter may be established at an alternative site the nominal location only within this area. A change in site from the nominal location is to be in accordance with the Change in Transmitter Site Procedure of the ABA’s Technical Planning Guidelines, and is not to result in a maximum field strength beyond the defined area in excess of that which would have been provided at the specified power and pattern from the nominal site.’
  
  This information was originally included for reference only, but may be confusing.

Clause (4)(l)

Clause (4)(l) of the instrument inserts Attachment 1.35 into the Perth LAP. This new attachment contains the technical specifications for the new open narrowcasting radio service that is available in the Perth RA1 licence area.

Clause (4)(m)

Clause (4)(m) of the instrument omits Attachment 2.1, Attachment 2.2, Attachment 3.1, and Attachment 3.2 of the Perth LAP and substitutes in the corresponding places the attachments to the instrument having those same numbers.

The new Attachment 2.1 and Attachment 3.1 contain the definitions of the Armadale RA1 and Fremantle RA1 licence areas, respectively in terms of the areas defined by the Australian Bureau of Statistics, using 2006 Census data. The licence areas themselves are unchanged.

The new Attachment 2.2 and Attachment 3.2 contain the technical specifications for various transmitters to be used by the radio services in the Perth LAP.

These new attachments:

• omit the words “ – October 2001” from the heading of each attachment. This information was originally included for reference only, but may be confusing;
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument; and
• update the nominal location 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.

Clause (4)(n)

Clause (4)(n) of the instrument omits Attachment 3.3 of the Perth LAP.  Attachment 3.3 contained the technical specifications for a transmitter for the community radio broadcasting service with the service licence number SL3131 (currently operated by 6CCR) that serves the general area of Fremantle within in the Fremantle RA1 licence area. New technical specifications for this service have been determined and can be found at Attachment 3.4.

Clause (4)(o)

Clause (4)(o) of the instrument omits Attachment 3.4, Attachment 4.1, Attachment 4.2, Attachment 5.1 and Attachment 5.2 of the Perth LAP and substitutes in the corresponding places the attachments to the instrument having those same numbers.

The new Attachment 4.1 and Attachment 5.1 contain the definitions of the Kalamunda RA1 and Wanneroo RA1 licence areas, respectively in terms of the areas defined by the Australian Bureau of Statistics, using 2006 Census data. The licence areas themselves are unchanged.

The new Attachment 4.2 and Attachment 5.2 contain the technical specifications for various transmitters to be used by the radio services in the Perth LAP.

These new attachments:

• omit the words “ – October 2001” from the heading of Attachment 4.2 and omit the words “ – November 2006” from the heading of Attachment 5.2. This information was originally included for reference only, but may be confusing;
• update the site tolerance to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and to ensure that the Perth LAP refers to the full title of this relevant legislative instrument; and
• update the nominal location of Attachment 4.2 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.

Clause (4)(p)

Clause (4)(p) of the instrument omits Attachment 6.1 and Attachment 6.2 of the Perth LAP.  Attachment 6.2 contained the technical specifications for a transmitter for the community radio broadcasting service with the service licence number SL1150828, which is no longer available in the Perth LAP. Attachment 6.1 contained the definition of the Perth RA2 licence area that was designated to be the licence area of the community radio broadcasting service with the service licence number SL1150828.