LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Remote Central and Eastern Australia – No 1 of 2005 made under the Broadcasting Services Act 1992
On 12 May 2005, the Australian Broadcasting Authority (the ABA) made a variation to the Licence Area Plan for Remote Central and Eastern Australia (Radio). The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement 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 Remote Central and Eastern Australia (Radio) on 14 October 1996. It is referred to in this explanatory statement as “the licence area plan”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the licence area plan to:
- provide for two additional transmitters for commercial radio broadcasting service with service licence number (SL) 10216 (broadcasting as 4RBL) to serve the general areas of Coomba Park/Stroud and Barrington/Stratford in NSW;
- provide for an additional transmitter for commercial radio broadcasting service with service licence number (SL) 1150711 (broadcasting as 4BRZ) to serve the general area of Coomba Park/Stroud in NSW;
- delete references to a community radio broadcasting service made available in the licence area plan for the Woorabinda area of Queensland. In June 2004, the ABA determined that this community radio broadcasting service will be made available as part of the Emerald (Radio) licence area plan and to be removed as part of the Remote Central and Eastern Australia (Radio) licence area plan.
The ABA intends the effect of the variation to:
- rectify deficiencies in reception in the towns of Coomba Park, Stroud and Barrington of the commercial radio broadcasting service broadcasting as 4RBL;
- rectify deficiencies in reception in the towns of Coomba Park and Stroud of the commercial radio broadcasting service broadcasting as 4BRZ; and
- determine that a community radio broadcasting service will not be available in the Woorabinda area of Queensland as part of the licence area plan. In June 2004, the ABA varied the Licence Area Plan Emerald (Radio) to include the service as a service available in that licence area plan.
The instrument also 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 remote central and eastern areas of Australia. The ABA does not intend the variation to alter those rights and obligations.
Consultation
Before making a decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:
- On 22 December 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 28 January 2005.
The ABA received 4 submissions on the draft variation.
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 clause (2) of the determination in the licence area plan to reflect the ABA’s intention, in its variation of the licence area plan made on 21 December 2000, to increase the number of commercial radio broadcasting services to be available from one to two in the area defined in attachment 2.1 of the licence area plan.
To rectify drafting errors, clause (1)(b)(ii) of the instrument varies the text in clause (3) of the determination in the licence area plan so that it refers to attachments 2.33 – 2.36, 2.38 – 2.48 and 2.50. Those attachments contain the technical specifications for additional transmitters for the commercial radio broadcasting services with SL 10216 (broadcasting as 4RBL) and SL 1150711 (broadcasting as 4BRZ). The ABA added those attachments to the licence area plan in variations it made to the licence area plan on 26 November 1998, 21 December 2000, 22 November 2001, 22 August 2002 and 18 December 2003. However, it did not vary the determination to make reference to the additional attachments.
Clause (1)(b)(ii) also varies the determination so that it refers to attachments 2.51, 2.52 and 2.53. Those attachments are inserted into the licence area plan by this instrument and contain the technical specifications for additional transmitters for the commercial radio broadcasting services with service licence no 10216 (broadcasting as 4RBL) and 1150711 (broadcasting as 4BRZ) to serve the Coomba Park/Stroud and Barrington/Stratford areas of NSW.
Clause (1)(c)(i) of the instrument varies the text in clause (4) of the determination in the licence area plan to rectify a previous drafting error. The variation reflects the ABA’s intention, in the variation to the licence area plan made on 18 December 2003, to increase the number of open narrowcasting radio services to be available from twelve to thirteen in the areas defined in attachments 1.1 (called the Central Zone) and 2.1 (called the North East Zone) of the licence area plan.
Clause (1)(c)(ii) of the instrument varies the text in clause (4) of the determination in the licence area plan so that it refers to attachment 3.120 containing the technical specification for the open narrowcasting service referred to in the previous paragraph. The technical specification provides for the open narrowcasting radio service to be available for the Inglewood area of Queensland.
Clause (1)(d) of the instrument varies the text of the determination in the licence area plan to delete clause (47). Clause (47) made one community radio broadcasting service available in the Woorabinda area of Queensland.
Clause (1)(e) of the instrument varies the text of the determination in the licence area plan to insert clauses (52), (53), (54), (55) and (56) to reflect the ABA’s intention, in its variation to the licence area plan made on 18 December 2003, to make one community radio broadcasting service available in each of the areas defined in attachments 51.1, 51.2, 53.1, 54.1 and 55.1. The areas defined in those attachments are the general areas of Weipa, Dunedoo, Coonabarabran, Coonamble and Gilgandra, respectively. The clauses also refer to the attachments containing the technical specifications for each of the community radio broadcasting services available in those areas.
Clause (1)(e) of the instrument also varies the text of the determination in the licence area plan to insert a new clause (57). Clause (57) 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 deleted the six paragraphs marked with dot points under the heading “SCHEDULES” following the determination in the licence area plan. The paragraphs contained information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3) of the instrument varies schedules to the licence area plan. The schedules set out details of the commercial radio broadcasting services that are to be available on particular frequencies in the licence areas defined in attachments to the licence area plan. In particular, the schedules provide the technical specification numbers for the transmitters to be used by each of the radio broadcasting services and specifies the attachment to the licence area plan that contains the technical specification for each of those transmitters.
Clause (3)(a) of the instrument deletes Schedule Two of the licence area plan and substitutes an updated schedule. The updated schedule provides details of additional transmitters, referred to above, for the commercial radio broadcasting services, SL10216 (broadcasting as 4RBL) and SL1150711 (broadcasting as 4BRZ).
Clause (3)(b) of the instrument deletes Schedule Forty Six of the licence area plan which contained the details of the community radio broadcasting service in the area of Woorabinda in Queensland, referred to above. In June 2004, the ABA determined that this community radio broadcasting service will be made available as part of the Emerald (Radio) licence area, rather than as part of the licence area plan.
Clause (4)(a) of the instrument deletes Attachment 2.1 of the licence area plan and substitutes attachment 2.1 of this instrument. Attachment 2.1 of this instrument contains a definition of the licence area for the commercial radio broadcasting service in terms used by the Australian Bureau of Statistics at its most recent Census.
Clauses 4(b)-(i) of the instrument delete attachments 2.22, 2.38 and 2.39 from the licence area and vary the headings of attachments 2.13.1; 2.16.1; 2.22.1.1, 2.33.1, 2.35.1, 2.41.1 and 2.43.1. The variations rectify previous drafting errors in relation to the numbering of attachments and reflect the ABA’s intention, in its variations of the licence area plan made on 22 August 2002 and 18 December 2003, to vary the technical specifications contained in attachments 2.22, 2.38 and 2.39 to the licence area plan.
Clauses 4(j) and (k) insert attachments 2.51, 2.52 and 2.53 into the licence area plan. Those attachments contain the technical specifications for the additional transmitters, referred to above, for the commercial radio broadcasting services SL10216 (broadcasting as 4RBL) and SL1150711 (broadcasting as 4BRZ) to serve the Coomba Park/Stroud and Barrington/Stratford areas of NSW.
Clause 3(l) of the instrument deletes attachments 46.1 and 46.2 from the licence area plan. Those attachments contained the definition of the licence area and the technical specification for the community radio broadcasting service, referred to above. In June 2004, the ABA determined that this community radio broadcasting service will be made available as part of the Emerald (Radio) licence area plan, rather than as part of the licence area plan.