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© Commonwealth of Australia 2009 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 |
Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation to Licence Area Plan for Rockhampton - Gladstone Radio – No. 1 of 2009 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 (the ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 21 August 2009, the ACMA made a variation to the Licence Area Plan for Rockhampton - Gladstone Radio. The variation was made under section 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The licence area plan and variations
The ACMA prepares licence area plans under subsection 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 ACMA may, by legislative instrument, vary licence area plans under subsection 26(2) of the BSA.
The ABA made the LAP for Rockhampton - Gladstone Radio on 5 March 1998, and varied it on 24 February 2005. The Licence Area Plan for Rockhampton - Gladstone Radio, as varied on 24 February 2005, is referred to in this explanatory statement as “the LAP”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the technical specifications of broadcasting services in the Rockhampton - Gladstone area by:
- adding a technical specification for a translator service for the existing commercial radio broadcasting service with the service licence number (SL) 4171, broadcasting as 4CC, to improve the coverage levels east of Rockhampton, along the coast from Yeppoon to Keppel Sands.
The instrument also deletes information, included for reference only, that does not form part of the LAP and which may create confusion. The instrument also makes technical amendments to correct previous drafting errors. The intended effect of these minor variations is to clarify the technical specifications of radio broadcasting services in the Rockhampton area. The ACMA does not intend these variations materially to alter any existing rights and obligations.
Regulatory impact statement
The ACMA has considered whether a regulatory assessment process is required and formed the view that the instrument would not give rise to a regulatory obligation. Therefore, a regulatory impact analysis process has not been applied. The exemption identifier is ACMA 110.
Consultation and Submissions
Before varying the LAP, the ACMA undertook the following consultation:
On 27 November 2008, the ACMA published the following papers on its website:
- a draft variation to the LAP; and
- an explanatory paper about the changes proposed in the draft variation to the LAP, inviting public comment by 9 January 2009; and
- a media release announcing the proposed draft variation to the LAP.
On 3 December 2008, the ACMA wrote to licensees providing commercial radio broadcasting services to the Rockhampton – Gladstone area to advise them of the release of the draft variation and related explanatory papers, and to invite their comments.
On 6 December 2008, the ACMA placed an advertisement in the “Rockhampton Bulletin” and the “Gladstone Observer” newspapers outlining the effect of the draft variation on the LAP, providing details on how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.
The ACMA received one submission on the draft variation to the LAP and accompanying explanatory paper.
Description of the provisions of the instrument
Clause 1
Clause (1) of the instrument varies the text of Clause (3) of the Determination in the LAP so that it refers to the characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 2.1 of the LAP and that are set out in Schedule Two and Attachments 2.2 - 2.36 of the LAP.
This takes into account the addition of Attachment 2.36 to the LAP, which will allow for the improvement of coverage for the existing commercial radio broadcasting service 4CC (SL4171) in the area east of Rockhampton, along the coast from Yeppoon to Keppel Sands.
Clause 2
Clause (2) of the instrument deletes all text appearing immediately under the heading “SCHEDULES” in the LAP (including the heading itself). This information was included for reference only and does not form part of the LAP, and may be confusing.
Clause 3
Clause (3) of the instrument varies Schedule Two to the LAP by omitting the previous Schedule Two and inserting a new Schedule Two. The new Schedule Two sets out details of the national and commercial radio broadcasting services, and open narrowcasting radio services that are to be available on particular frequencies in the Rockhampton RA1 licence area. In particular, the new Schedule Two provides the technical specification numbers for each transmitter to be used by the broadcasting services and specifies the attachments which contain the technical specifications for each of those transmitters. The new Schedule Two differs from the previous Schedule Two, to reflect the addition of Attachment 2.36.
Clause 4
Clause (2) of the instrument deletes all text immediately following the schedules of the LAP by omitting the first paragraph, marked with an asterisk; omitting the heading “Status Column” and the five paragraphs immediately following that heading; and omitting the heading “Frequency Column” and the paragraph immediately following that heading. This information was included for reference only and does not form part of the LAP, and may be confusing.
Clause 5
Clause (5) of the instrument inserts Attachment 2.36 of the instrument into the LAP after Attachment 2.32 of the LAP.
Attachment 2.36 of the instrument contains the technical specifications for commercial radio service 4CC (SL4171) to serve the Yeppoon area. This FM translator provides supplementary coverage where coverage from the main transmitter is deficient.
The technical specification for the transmitter at Attachment 2.36 includes 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).