VARIATION TO LICENCE AREA PLAN – SYDNEY RADIO – No 1 of 2006
Section 26 – Explanatory Statement
© Commonwealth of Australia 2006
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Legislative Instruments Act 2003
Variation to the licence area plan for Sydney Radio – No 1 of 2006 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 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 7 December 2006, the Australian Communications and Media Authority (ACMA) made a variation to the licence area plan for Sydney Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.
The licence area plan and variations
ACMA 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.
ACMA may vary licence area plans under section 26(2) of the BSA.
The former ABA made the licence area plan for Sydney Radio on 16 December 1999 and varied it on 28 March 2002 and 29 July 2004. 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:
● vary the technical specification for open narrowcasting radio service with technical specification number TS10005070 to serve the general area of Penrith in NSW;
● remove technical specification for community radio broadcasting service with service licence number SL 5157 to service the general area of Sydney in NSW.
● make 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.
ACMA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Sydney area. ACMA does not intend the variation to alter those rights and obligations
Consultation
Before making a decision to vary the licence area plan, ACMA undertook the following steps by way of consultation:
● On 25 August 2006, ACMA 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 22 September 2006.
ACMA received four submissions on the draft proposal and explanatory paper.
Description of the provisions of the instrument
Clause (1)
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.
Paragraph (1)(b) of the instrument varies the text in clause (2) of the determination in the licence area plan to reflect the former ABA’s intention in its variation of the licence area plan made on 28 March 2002, to decrease the number of open narrowcasting radio services to be available for the Sydney RA1 licence from three to two.
Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (20) that will ensure that it refers to schedules and attachments that have been amended from time to time by ACMA.
Clause (2)
Clause (2)(a) and (b) of the instrument deletes the words “Each of the schedules set out:” and the eight paragraphs marked with dot points under the heading “SCHEDULES” and 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 (2)(c) and (d) of the instrument delete the headings “Status Column” and “Frequency Column” and all text following each heading. The paragraphs contained information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3)
Clause (3) of the instrument varies schedules one to eighteen to the licence area plan. The schedules set out details of the national, commercial and community radio broadcasting services that are to be available on particular frequencies in the Sydney RA1, Sydney RA2, Western Suburbs RA1, Campbelltown RA1, Bankstown RA1, Blacktown RA1, Burwood RA1, Chatswood RA1, Hornsby RA1, Liverpool RA1, Manly RA1, Narwee RA1, Parramatta RA1, Penrith RA1, Ryde RA1, Sutherland RA1, Waverley RA1 and Windsor 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.
Column 2 of schedules in the licence area plan is headed “status” and contains information, included for reference, that does not form part of the licence area plan and which may be confusing.
Clause (3) of the instrument deletes the column headed “status” from Schedule One to Eighteen to the licence area plan.
Clause (4)
Clause (4)(a) of the instrument deletes row 18 from Schedule One to the licence area plan, which contained the details of a community radio service in Sydney.
Clause (4)(b) of the instrument transfers the details of a community radio service in Sydney from row 19 to row 26 in Schedule One to the licence area plan,.
Clause 4(c) of the instrument corrects drafting errors made in relation to the attachment number the variation to the licence area plan made by the former ABA on 29 July 2004.
Clause (5)
Clause 5(a) of the instrument deletes Attachment 1.19 from the licence area plan. Attachment 1.19 contained the technical specification for the community radio broadcasting service with SL 5157 (broadcasting as 2RPH) to serve the Sydney area of NSW.
Clauses 5(b) and (c) of the instrument correct drafting errors made in relation to the number of attachments the variation to the licence area plan made by the former ABA on 29 July 2004.