Explanatory Statement
Section 26 – Legislative Instruments Act 2003
Licence Area Plan Variation
Riverland (Television and Radio)
© Commonwealth of Australia 2008
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Communications and Publishing, Australian Communications and Media Authority, PO Box 13112 Law Courts, Melbourne Vic 8010.
Published by the Australian Communications and Media Authority
Canberra Central Office Purple Building, Benjamin Offices Chan Street, Belconnen PO Box 78, Belconnen ACT 2616 Tel: 02 6219 5555 Fax: 02 6219 5200 | Melbourne Central Office Level 44, Melbourne Central Tower 360 Elizabeth Street, Melbourne PO Box 13112 Law Courts Melbourne Vic 8010 Tel: 03 9963 6800 Fax: 03 9963 6899 TTY: 03 9963 6948 | Sydney Central Office Level 15, Tower 1 Darling Park 201 Sussex Street, Sydney PO Box Q500 Queen Victoria Building NSW 1230 Tel: 02 9334 7700, 1800 226 667 Fax: 02 9334 7799 |
Variation to the licence area plan for Riverland (Television and Radio) – No 1 of 2008 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 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 19 June 2008, the Australian Communications and Media Authority (ACMA) made a variation to the Licence Area Plan for Riverland (Television and Radio) (the LAP). 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
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, by legislative instrument, vary LAPs under section 26(2) of the BSA.
The ABA made the LAP on 22 August 1996 and varied it on 6 December 2001 and 6 May 2004.
Intended impact and effect
In relation to broadcasting services, the instrument varies the operating conditions for national and community radio services in Renmark/Loxton by:
- amending the technical specifications for the community radio broadcasting service at Renmark/Loxton to change its frequency, antenna height and specify a directional radiation pattern.
- adding channel capacity for a national radio broadcasting service at Renmark/Loxton; and
The intended impact and effect of these variations is to:
- facilitate the provision of an additional national radio broadcasting service to the Renmark/Loxton area;
- facilitate provision of a community radio broadcasting services to the area of Renmark/Loxton within the Riverland Radio RA1 licence area by providing more appropriate technical specifications for that service; and
- authorise the broadcast of that community service to the same area.
The instrument also makes variations of a minor and administrative nature to:
- vary the definition of the licence areas so that they are described against terms used by the Australia Bureau of Statistics in the 2001 Census and are consistent with the most recent determination of populations of licence areas made under section 30 of the BSA;
- delete references to technical specifications that are no longer used;
- correct previous drafting errors and to reflect the allocation of a commercial television broadcasting licence under section 38A of the BSA; and
- delete information, included for reference only, that does not form part of the licence area plan and which may create confusion.
ACMA intends for these variations to clarify the rights and responsibilities of commercial and community radio broadcasting licensees in the Riverland area. ACMA does not intend the variation to alter those rights and obligations.
Regulatory impact statement exemption
ACMA’s SES contact officer for the Government’s regulation impact analysis arrangements is of the view that the instrument has no or low regulatory impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS reference number is 055.
Consultation and Submissions
In 2004, the Government advised ACMA of its intention to make ABC services available to areas around Australia with populations of 10,000 and above, subject to spectrum availability. ACMA conducted engineering assessments to identify any spectrum availability, including availability of spectrum in the Riverland area.
Before making a decision to vary the LAP, ACMA undertook the following steps by way of consultation.
On 16 April 2008, ACMA published the following papers on its website:
- a revised draft variation to the Riverland LAP;
- an explanatory paper about the changes proposed in the revised draft variation to the LAP, inviting public comment by 2 May 2008; and
- a media release announcing the proposed revised draft variation to the LAP.
On 16 April 2008, ACMA placed an advertisement in the “Loxton News” newspaper outlining the effect of the draft variation on the LAP, providing details of how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.
ACMA received three submissions on the draft variation to the Riverland (Television and Radio) LAP and accompanying explanatory paper. One submission raised the prospect of interference if some of the changes were made. However, ACMA considers that the risk of any such interference is minimal, and that any interference should be dealt with in accordance with the Broadcasting Services (Technical Planning) Guidelines 2007.
The other two submissions commented on the effect that changing frequency may have on the community radio broadcasting licensee, which is a result of the instrument.
Description of the provisions of the instrument
Clause (1)(a) of the instrument numbers each of the paragraphs in the determination in the LAP consecutively as clauses.
Clause (1)(b)(i) of the instrument varies the text in clause (2) of the determination in the LAP so that it removes the reference to one national or community television broadcasting service.
Clause (1)(b)(ii) of the instrument varies the text in clause (2) of the determination in the LAP so that it refers to two commercial television broadcasting services. This change is necessary, as a commercial television broadcasting licence was allocated in 2004, under section 38A of the BSA to the sole commercial television broadcasting licensee in the licence area.
Clause (1)(b)(iii) of the instrument varies the text in clause (2) of the determination in the LAP so that it accurately refers to the attachments.
Clause (1)(c)(i) of the instrument varies the text in clause (3) of the determination in the LAP so that it refers to five national radio broadcasting services, taking into account the proposed additional national radio broadcasting service.
Clause (1)(c)(ii) and (1)(c)(iii) of the instrument varies the text in clause (3) of the determination in the LAP so that it refers to the addition of one community radio broadcasting service in Schedule Two. This takes into account the renumbering of attachments 3.2 and 3.3 by the instrument.
Clause (1)(d) of the instrument varies the text of the determination to omit clause (4).
Clause (1)(e) of the instrument inserts a new clause (4) that ensure that references to schedules or attachments are references as amended from time to time by ACMA.
Clause (2) of the instrument omits the heading “SCHEDULES” and all text appearing immediately afterwards in the LAP, including text under the subheadings “Status column” and “Frequency column”. This information, included for reference only, does not form part of the LAP principal instrument and may create confusion.
Clause (3)(a) of the instrument varies Schedules One, Two and Three of the LAP respectively by omitting the current schedules and inserting new Schedules One and Two. These 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 Riverland TV1 and Riverland RA1 licence areas. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.
Clause (4) of the instrument removes, and removes and replaces, a number of attachments to the LAP. In particular, it updates the attachments in the following manner.
New Attachment 1.1 contains the definition of the licence areas for the national television broadcasting services and the commercial television broadcasting services with service licence numbers SL10174 and SL1150796.
New Attachments 1.2, 1.9, 1.10, 1.15, 1.17, 1.18 and 1.19 refer to the technical specification for national television broadcasting services and commercial television broadcasting services with service licence numbers SL10174 and SL1150796 operating in the Lameroo, Pinnaroo, Renmark/Loxton and Waikerie area.
The substituted Attachment 1.1 reflects the ABA’s intention, in its variation to the LAP made on 6 December 2001 and 6 May 2004, to update the licence areas using 2001 Census data.
The substituted Attachments 1.2, 1.9, 1.10, 1.15, 1.17, 1.18 and 1.19 reflect the ABA’s intention, in its variation to the LAP made on 6 December 2001 and 6 May 2004, to update the licence areas using 2001 Census data.
Clause (4) also inserts Attachment 1.20, 1.21, 1.22 and 1.23 of the instrument into the LAP. These Attachments refer to the technical specification for the commercial television broadcasting service with the service licence number SL1150796 operating in the Lameroo, Pinnaroo, Renmark/Loxton and Waikerie area and reflect the ABA’s intention, in its variation to the LAP made on 6 December 2001 and 6 May 2004, to update the licence areas using 2001 Census data.
Clause (4) also omits Attachments 1.4, 1.5, 1.7, 1.11, 1.12, 1.13 and 1.14 of the LAP. The technical specifications set out by these Attachments no longer serve a purpose.
Clause (4) of the instrument also omits Attachment 2.1 of the LAP and substitutes a revised Attachment 2.1. Attachment 2.1 of the instrument updates the description of the Riverland RA1 licence area to define its in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. The variation does not substantially alter the boundaries of the existing Riverland RA1 licence area.
Clause (4) also inserts Attachment 2.11 of the instrument into the LAP. This attachment refers to the technical specifications for a national radio broadcasting service operating in the Renmark/Loxton area.
Clause (4) of the instrument also omits Attachment 3.1, 3.2 and 3.3 of the LAP and substitutes Attachment 2.12 and 2.13. Attachment 2.12 and 2.13 refers to the technical specifications for the community radio broadcasting service with the service licence number SL10177 operating in the Renmark/Loxton and Morgan area.
Clause 5 of the instrument nominates the 1 August 2008 as the commencement date of the instrument to assist the broadcasters in managing the switchover of frequencies.