Licence Area Plan – Remote Central and Eastern Australia Radio – Variation No. 1 of 2012

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2012

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).

The ACMA has made a variation to the Licence Area Plan – Remote Central and Eastern Australia (Radio) – October 1996.  This plan is referred to in this explanatory statement as the Remote LAP.

The variation to the Remote LAP, titled Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No. 1 of 2012, was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.

The LAP and variations

The ACMA prepares licence area plans (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 Remote LAP 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 also varied the Remote LAP on 30 March 2006, 21 December 2009 and 31 March 2010.

Intended impact and effect

The variation changes the characteristics, including technical specifications, of radio broadcasting services in the remote central and north-eastern areas of Australia by:

1. making FM frequencies 88.7 MHz, 101.5 MHz and 106.9 MHz available at Hawker, Lake Cargelligo and Minnipa for additional transmitters for the commercial radio broadcasting service 8SAT;
2. making FM frequencies 104.5 MHz, 93.5 MHz, 104.5 MHz, 104.5 MHz, 102.9 MHz, 102.9 MHz and 104.3 MHz available at Aurukun, Bamaga, Gununa, Hope Vale, Kowanyama, Pormpuraaw and Theodore for additional transmitters for the commercial radio broadcasting service 4RBL;
3. changing the technical specifications of the commercial radio broadcasting service 4RBL at Alpha, Barrington/Stratford, Chinchilla, Collinsville, Julia Creek, Karumba, Miles, Monto, Taroom, Tenterfield and Wilcannia to reflect their actual operation;
4. changing the technical specifications of the commercial radio broadcasting service 4RBL at Barrington/Stratford by changing its operating frequency from 97.7 MHZ to 93.7 MHz and making FM frequency 97.7 MHz available at Barrington/Stratford for an additional transmitter for the commercial radio broadcasting service 4BRZ;
5. changing the technical specifications of the commercial radio broadcasting services 4RBL and 4BRZ at Chinchilla by changing their operating frequencies from 95.5 MHz to 97.1 MHz and from 97.1 MHz to 95.5 MHz respectively;
6. making FM frequencies 96.3 MHz and 98.7 MHz available at Goondiwindi for additional transmitters for the commercial radio broadcasting services 4RBL and 4BRZ; and
7. making FM frequencies 99.1 MHz, 89.7 MHz, 90.1 MHz, 94.1 MHz, 98.7 MHz, 96.3 MHz, 101.3 MHz, 101.3 MHz, 100.5 MHz, 104.1 MHz, 104.5 MHz, 102.5 MHz, 97.9 MHz, 96.5 MHz and 101.5 MHz available at Alpha, Banana, Collinsville, Dirranbandi, Goondiwindi, Julia Creek, Karumba, Miles, Monto, Normanton, Taroom, Tenterfield, Theodore, Wandoan and Wilcannia for additional transmitters for the commercial radio broadcasting service 4BRZ.

The instrument also amends the heading of Attachment 56.2 of the Remote LAP so that it reads “LICENCE AREA PLAN : Remote Central and Eastern Australia Radio”.

The intended impact and effect of the variation is to clarify the characteristics, including technical specifications, of commercial radio broadcasting services in the remote central and north-east area of Australia. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.

Regulatory impact analysis

The ACMA’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the proposed variation is likely to have no or low impact on business or the economy; and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.

The OBPR has issued an exemption reference number: 2011/13086.

Consultation

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

1. On 28 September 2011, the ACMA published the following papers on its website:
   1. the Draft Variation to the Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2011, and the Draft Variation to Frequency Allotment Plan (R1 – Remote Area);
   2. an Explanatory Paper outlining the changes proposed in the Draft Variation to the Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2011, which invited public comment by 28 October 2011; and
   3. a media release announcing the draft variations.
2. On 28 September 2011, the ACMA wrote to the licensees providing national, commercial and community broadcasting services and open narrowcasting services in the Remote LAP and in the LAPs for Atherton Radio, Bourke Radio, Emerald Radio, Griffith Radio, Kingaroy Radio, Moree Radio, Port Lincoln Radio, Rockhampton - Gladstone Radio, Roma Radio, Spencer Gulf North Radio, Taree Radio, Torres Strait Radio and Townsville Radio, to advise of the release of the draft variations and to invite their comments by 28 October 2011.
3. On 28 September 2011, the ACMA placed an advertisement in “The Australian” newspaper announcing the draft variations. The advertisement provided details of how and where to obtain copies of the draft variations and invited public comment by 28 October 2011.

Submissions

The ACMA received five submissions on the Draft Variation to the Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2011.

Description of the provisions of the variation instrument

Clause (1)

Clause (1) identifies that the ACMA makes the variation instrument under subsection 26(2) of the BSA.

Clause (2)

Clause (2) names the variation instrument the Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2012.

Clause (3)

Clause (3) provides that the variation instrument commences the day after it is registered on the Federal Register of Legislative Instruments.

Sub-clause (4)(a)

Sub-clause (4)(a) renames the Remote LAP  the “Licence Area Plan – Remote Central and Eastern Australia Radio”.

Sub-clause (4)(b)

Sub-clause (4)(b) amends the heading on the title page of the Remote LAP so that it reads “Licence Area Plan - Remote Central and Eastern Australia Radio”.

Sub-clause (4)(c)

Sub-clause (4)(c) removes page two from the Remote LAP. This page contains the copyright and publishing details of the former ABA. The material was included for reference only and is not relevant or necessary.

Sub-clause (4)(d)(i)

Sub-clause (4)(d)(i) amends the heading on page three of the Remote LAP so that it reads “Licence Area Plan – Remote Central and Eastern Australia Radio”.

Sub-clause (4)(d)(ii)

Sub-clause (4)(d)(ii) removes the heading “Determination” from page three of the Remote LAP.

Sub-clause (4)(e)

Sub-clause (4)(e) omits clauses (1), (2) and (3) from the Remote LAP and substitutes clauses (1), (2) and (3) of the variation instrument.

The new clause (1) provides that the Remote LAP is made under section 26(1) of the BSA.

The new clause (2) reflects the inclusion of additional transmitters at Attachments 1.27, 1.28 and 1.29 in the Remote LAP, and substitutes the word ‘determination’ with the word ‘plan’.

The new clause (3) reflects the inclusion of additional transmitters at Attachments 2.57, 2.58 and 2.61 – 2.83 in the Remote LAP, and substitutes the word ‘determination’ with the word ‘plan’.

Sub-clause (4)(f)

Sub-clause (4)(f) omits the word ‘determination’ from clauses (4) to (56) of the Remote LAP and substitutes it with the word ‘plan’.

Sub-clause (4)(g)

Sub-clause (4)(g) omits Schedule One and Two from the Remote LAP and substitutes them with Schedules One and Two of the variation instrument. These Schedules set out the details of the commercial radio broadcasting services that are to be available on particular frequencies in the Remote Commercial Radio Service Central Zone RA1 and the Remote Commercial Radio Service North East Zone RA1 licence areas.

In particular, the new Schedules One and Two provide the technical specification numbers for each transmitter to be used by the services in the licence area, and specify the Attachments which contain the technical specification for each of those transmitters.

The changes from the previous Schedule One include the addition of technical specifications for the 8SAT service at Hawker, Lake Cargelligo and Minnipa.

The changes from the previous Schedule Two include:

• the addition of technical specifications for the 4RBL service at Aurukun, Bamaga, Goondiwindi, Gununa, Hope Vale, Kowanyama, Pormpuraaw and Theodore;
• the addition of technical specifications for the 4BRZ service at Alpha, Banana, Barrington/Stratford, Collinsville, Dirranbandi, Goondiwindi, Julia Creek, Karumba, Miles, Monto, Normanton, Taroom, Tenterfield, Theodore, Wandoan and Wilcannia; and
• changing the technical specifications of the 4RBL service at Alpha, Barrington/Stratford, Chinchilla, Collinsville, Julia Creek, Karumba, Miles, Monto, Taroom, Tenterfield and Wilcannia and the 4BRZ service at Chinchilla.

Sub-clause (4)(h)

Sub-clause (4)(h) omits Attachments 2.2, 2.3, 2.6, 2.7, 2.14, 2.15, 2.18, 2.19, 2.25, 2.26, 2.31, 2.51, 2.55 and 56.2 from the Remote LAP and substitutes Attachments 2.2, 2.3, 2.6, 2.7, 2.14, 2.15, 2.18, 2.19, 2.25, 2.26, 2.31, 2.51, 2.55 and 56.2 of the variation instrument.

The new Attachment 2.2 contains the technical specifications for an additional transmitter at Alpha for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and polarisation have been amended to reflect actual operation.

The new Attachment 2.3 contains the technical specifications for an additional transmitter at Banana for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and polarisation have been amended to reflect actual operation.

The new Attachment 2.6 contains the technical specifications for an additional transmitter at Chinchilla for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The polarisation and operating frequency have been changed vertical to mixed and from 95.5 MHz to 97.1 MHz.

The new Attachment 2.7 contains the technical specifications for an additional transmitter at Collinsville for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and polarisation have been amended to reflect actual operation.

The new Attachment 2.14 contains the technical specifications for an additional transmitter at Julia Creek for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and polarisation have been amended to reflect actual operation.

The new Attachment 2.15 contains the technical specifications for an additional transmitter at Karumba for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and antenna height have been amended to reflect actual operation.

The new Attachment 2.18 contains the technical specifications for an additional transmitter at Miles for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site has been amended to reflect actual operation.

The new Attachment 2.19 contains the technical specifications for an additional transmitter at Monto for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site, antenna height and radiation pattern have been amended to reflect actual operation.

The new Attachment 2.25 contains the technical specifications for an additional transmitter at Taroom for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and antenna height have been amended to reflect actual operation.

The new Attachment 2.26 contains the technical specifications for an additional transmitter at Tenterfield for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The polarisation and antenna height have been amended to reflect actual operation.

The new Attachment 2.31 contains the technical specifications for an additional transmitter at Wilcannia for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The transmission site and polarisation have been amended to reflect actual operation.

The new Attachment 2.51 contains the technical specifications for an additional transmitter at Barrington/Stratford for the commercial radio broadcasting service with the service licence number SL10216 (4RBL). The operating frequency has been changed from 97.7 MHz to 93.7 MHz.

The new Attachment 2.55 contains the technical specifications for an additional transmitter at Chinchilla for the commercial radio broadcasting service with the service licence number SL1150711 (4BRZ). The operating frequency has been changed from 97.1 MHz to 95.5 MHz.

The new Attachment 56.2 contains the technical specifications for the existing community radio broadcasting service at Gin Gin, Queensland, with the service licence number SL1130096. The Attachment heading has been varied so that it reads “LICENCE AREA PLAN : Remote Central and Eastern Australia Radio”.

Sub-clause (4)(i)

Sub-clause (4)(i) inserts Attachments 1.27 – 1.29, 2.57, 2.58 and 2.61 – 2.83 of the variation instrument into the Remote LAP.

The new Attachments 1.27, 1.28 and 1.29 contain the technical specifications for additional transmitters at Hawker, Lake Cargelligo and Minnipa for the commercial radio broadcasting service with the service licence number SL10147 (8SAT) in the Remote Commercial Radio Service Central Zone RA1 licence area.

The new Attachments 2.57, 2.58, 2.61, 2.62, 2.63, 2.64, 2.65 and 2.66 contain the technical specifications for additional transmitters at Aurukun, Bamaga, Goondiwindi, Gununa, Hope Vale, Kowanyama, Pormpuraaw and Theodore for the commercial radio broadcasting service with the service licence number SL10216 (4RBL) in the Remote Commercial Radio Service North East Zone RA1 licence area.

The new Attachments 2.67, 2.68, 2.69, 2.70, 2.71, 2.72, 2.73, 2.74, 2.75, 2.76, 2.77, 2.78, 2.79, 2.80, 2.81, 2.82 and 2.83 contain the technical specifications for additional transmitters at Alpha, Banana, Barrington/Stratford, Collinsville, Dirranbandi, Goondiwindi, Julia Creek, Karumba, Miles, Monto, Normanton, Taroom, Tenterfield, Theodore, Wandoan and Wilcannia for the commercial radio broadcasting service with the service licence number SL1150711 (4BRZ) in the Remote Commercial Radio Service North East Zone RA1 licence area.