Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Remote 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 (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

On 31st March 2010, the ACMA made a variation to the licence area plan (LAP) for Remote Central and Eastern Australia Radio. The variation was made under section 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 Remote Central and Eastern Australia Radio on 14 October 1996 and varied it on 26 November 1998, 21 November 2000, 22 November 2001, 22 August 2002, 18 December 2003 and 12 May 2005. The ACMA varied it on 30 March 2006. It is referred to in this explanatory statement as “the Remote LAP”.

Intended impact and effect

In relation to broadcasting services, the instrument varies the characteristics, including technical specifications, of broadcasting services in the Remote LAP by:

• changing the technical specifications of the community radio service 2TRR at Dunedoo (NSW) by changing the frequency from 101.5 MHz to 96.1 MHz and increasing the maximum effective radiated power (ERP) from 200 W to 1 kW;
• making the FM frequency 95.3 MHz available at Coolah (NSW) for a translator for 2TRR and extending the 2TRR licence area to include Coolah; and
• making the FM frequency 104.9 MHz available at Gin Gin (Qld) for a new community radio broadcasting service and making a licence area designation (LAD) to specify its licence area.

The instrument also deletes and inserts information, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to improve drafting. 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 clarify the number and characteristics, including technical specifications, of radio broadcasting services in the Remote 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 do not give rise to a regulatory obligation. Therefore, the regulatory impact analysis process has not been applied.

Consultation and submissions

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

On 11 November 2009, the ACMA published the following papers on its web site:

• a draft of the instrument;
• a draft Licence Area Designation (LAD);
• a draft variation to the Frequency Allotment Plan (FAP);
• an explanatory paper about the changes proposed in the draft instrument, inviting public comment by 11 December 2009; and
• a media release announcing the proposed draft variation to the Remote LAP.

On 11 November 2009, the ACMA wrote to the effected licensees providing radio broadcasting services to Dunedoo, Coolah and Gin Gin to advise them of the release of the draft instrument and to invite their comments.

Advertisements were placed in the ‘Bundaberg News Mail’ on Saturday 14 November 2009, and the ‘Mudgee Guardian’ on Friday 13 November 2009, inviting submissions about the proposed variations and outlining the effect of the draft variation to the Remote LAP. The advertisements also provided 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 four submissions from the ABC, Rebel Radio Network, Gin Gin Community Broadcasters and 2TRR on the draft instrument and the accompanying explanatory paper.

The submissions received from the ABC, Gin Gin Community Broadcasters and 2TRR supported the variations. The fourth submission received by the ACMA was from Rebel Radio Network (RRN). RNN raised a number of concerns including:

• the ACMA’s approach to planning in the Moree and Remote LAPs. RRN cited applications made in 2004 for various services in similar areas. The requests in their submission predated the current planning proposals; and
• RRN is concerned that its proposals are not being considered fairly by the ACMA. RNN has articulated that they believe the ACMA’s current planning in the Moree and Remote LAPs is taking priority over their requests to expand RNN radio services into adjacent licence areas.
• The ACMA has worked with RRN to attempt to facilitate their requests on several occasions. RRN was not able to agree to the ACMA’s proposed solutions and as such, planning did not continue past the initial phases.
• The ACMA will continue to review the variation with RRN. The ACMA has given no assurances regarding any changes.
• Given the supportive nature of the three other submissions received by the ACMA, the ACMA acknowledges their receipt but no action is required.

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 Remote Central and Eastern Australia 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 deletes the heading “October 1996” from the front page of the LAP. The information was included for ease of reference only, but may be confusing.

Clause 4(b)

Clause 4(b) of the instruments omits the words in clause (53) of the Remote LAP to increase the number of transmitters available, by one, in the Dunedoo RA1 licence area for the community radio broadcasting service with the service licence number SL1170568.

Clause 4(c)

Clause 4 (c) of the instrument omits clause (57) and inserts new clauses (57) and (58).

The new clause (57) provides for a new community radio broadcasting service to be available in the Gin Gin RA1 licence area (a new licence area). The clause makes reference to the schedule and attachment containing the description of the new licence area and the technical specifications for the transmitter for the community radio broadcasting service. The relevant schedule and attachment are inserted by later provisions of the instrument.

The new clause (58) will ensure that the determination to the Remote LAP refers to schedules and attachments that have been amended from time to time by the ACMA.

Clause 4(d)

Clause 4(d) of the instrument replaces all the schedules (Schedule One to Schedule Fifty-Five) of the Remote LAP except for Schedule Forty Six, which was repealed in the variation to the Remote LAP - No.1 of 2005.

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 in the Remote 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 Remote LAP, and specify the attachments that contain the technical specifications for each of those transmitters.

Additional changes to the schedules include (where appropriate) the removal of the heading “Licence Area Plan : Remote Central and Eastern Australia – (Radio)” or “Licence Area Plan : Remote Central and Eastern Australia – (Radio) – October 1996” and the substitution of the heading “Licence Area Plan : Remote Central and Eastern Australia Radio” and the insertion of the heading “Licence Area” and the corresponding “licence area name” immediately below the new heading “Licence Area Plan : Remote Central and Eastern Australia Radio”. The information was included for ease of reference only, but may be confusing.

Clause 4(e)

Clause 4(e) inserts Schedule Fifty-Six into the Remote LAP. The schedule sets out the details of the new community radio broadcasting service that is to be available in the new Gin Gin RA1 licence area and provides the technical specification number for the transmitter for that service and specifies the attachment which contains the technical specification for this transmitter.

Clause 4(f)

Clause 4(f) of the instrument removes all the attachments to the Remote 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 in the Remote LAP. The site tolerance has been updated in each of these attachments to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only.

The nominal locations of the transmitters specified in the attachments have been updated to provide a more accurate description of the transmitter site. This information is updated for ease of reference only and does not signify a change in broadcast site.

The specification number of the services in the below named attachments are to be updated to reflect the actual specification number contained in the ACMA’s database of technical specifications. The change in specification number does not change the planned performance of each of the services. The relevant attachments are Attachment 2.12, Attachment 2.43, Attachment 2.51, Attachment 3.65, Attachment 3.66, Attachment 3.83, Attachment 3.84, Attachment 3.85 and Attachment 3.86.

A special condition is to be added to Attachment 3.108, Attachment 3.109, Attachment 3.110, Attachment 3.111, Attachment 3.112, Attachment 3.113, Attachment 3.114, Attachment 3.115, Attachment 3.116, Attachment 3.117, Attachment 3.118, and Attachment 3.119. The special condition describes the coverage radius of the transmission in kilometres from a point with AMG co-ordinates. This point is the same as the nominal location.

The special condition at Attachment 3.120 which specified the coverage radius of the service was modified so that it is described in the same manner as the special conditions added to Attachment 3.108, Attachment 3.109, Attachment 3.110, Attachment 3.111, Attachment 3.112, Attachment 3.113, Attachment 3.114, Attachment 3.115, Attachment 3.116, Attachment 3.117, Attachment 3.118 and Attachment 3.119, but otherwise remains unchanged.

Clause 4(g)

Clause 4(g) inserts Attachment 52.3 into the instrument. The new Attachment 52.3 contains the technical specifications for the translator service to be made available for the community radio broadcasting service under service licence number 1170568 at Coolah.

Clause 4(h)

Clause 4(h) of the instrument inserts Attachment 56.1 and Attachment 56.2. The new Attachment 56.1 contains the definition of the new Gin Gin RA1 licence area in terms used by the ABS using 2006 census data.

The new Attachment 56.2 contains the technical specifications for a new community radio broadcasting service that is available at Gin Gin under service licence number 1130096. The technical specifications for the transmitter in Attachment 56.2 include the following characteristics: the nominal transmitter site; the frequency on which the service may be transmitted; other emission details; and the output radiation pattern (including power limitations).