LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Wagga Wagga Radio made under the Broadcasting Services Act 1992
On 24 February 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Wagga Wagga 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
The ABA 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.
The ABA may vary licence area plans under section 26(2) of the BSA.
The ABA made the licence area plan for Wagga Wagga Radio (the licence area plan) on 6 December 2001.
Intended impact and effect
The instrument:
- determines that an additional national radio broadcasting services will be available;
- determines that an open narrowcasting radio service will be available;
- determines the technical specifications for those additional services;
- varies the characteristics of the technical specifications for radio broadcasting services in the Wagga Wagga area;
- redefines the licence areas for commercial and community radio services in the Wagga Wagga area and for the community radio service serving the general area of Tumut.
In relation to national radio broadcasting services, the ABA intends the effect of the variation to be that a national radio broadcasting service will be available to serve the general area of the South West Slopes and Eastern Riverina districts. This is in accordance with the Australian Broadcasting Corporation’s planned rollout of services.
In relation to the open narrowcasting radio services, the ABA intends the effect of the variation to be that a high power open radio narrowcast service will be available to serve the general area of Wagga Wagga.
In relation to commercial and community radio broadcasting services, the ABA intends the effect of the variation to provide additional transmitters to be used by two existing services to rectify:
- deficiencies in reception in the town of Gundagai of commercial radio broadcasting service SL4136 (operating as 2WG); and
- deficiencies in the town of Tumut of commercial radio broadcasting service SL6446 (operating as 2WZD).
In relation to the technical specifications of community radio broadcasting services, the ABA intends the effect of the variation to be to rectify deficiencies in reception in some parts of the general areas to be served by existing community radio broadcasting services SL3039 (operating in as 2AAA in Wagga Wagga) and SL1150803 (operating as 2TVR in Tumut).
In relation to licence areas for commercial and community services, the variation redefines the Wagga Wagga RA1, Wagga Wagga RA2 and Tumut RA1 licence areas in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. The ABA does not intend that the licence areas are to be altered in a substantial way.
Consultation
Before making a decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:
- On 29 July 2004 the ABA published the following papers on its website:
- a draft variation to the licence area plan in accordance with the licensee’s submission; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 20 August 2004.
- On 3 August 2004, the ABA placed an advertisement in the Wagga Daily Advertiser newspaper outlining the effect of the draft variations to the licence area plan, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
- The ABA wrote to licensees of commercial and national radio broadcasting services within the Wagga Wagga licence area and in neighbouring licence areas and industry bodies including the Community Broadcasting Association of Australia, Commercial Radio Australia and the Australian Subscription Television and Radio Association as well as the Australian Competition and Consumer Commission, Air Services Australia and the Australian Communications Authority to advise them of the release of the draft variation and explanatory paper and to invite their comments.
The ABA received four submissions on the draft proposal and explanatory paper.
- On 22 November 2004, the ABA published a revised version of the following papers on its website:
- a draft variation to the licence area plan in accordance with a submission from the licensee of a commercial radio broadcaster; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 10 December 2004.
- On 29 December 2004, the ABA placed an advertisement in the Wagga Daily Advertiser newspaper outlining the effect of the draft variations to the licence area plan, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
- The ABA wrote to interested persons, organisations and agencies to advise them of the release of the draft variation and explanatory paper and to invite their comments:
- licensees of commercial and national broadcasting services operating in the Wagga Wagga licence area and in neighbouring licence areas;
- industry bodies including the Community Broadcasting Association of Australia, Commercial Radio Australia and the Australian Subscription Television and Radio Association; and
- the Australian Competition and Consumer Commission, Air Services Australia and the Australian Communications Authority.
The ABA received six submissions on the draft proposal and explanatory paper.
Description of the provisions of the instrument
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.
Clause (1)(b)(i) of the instrument increases the number of national radio services made available in the licence area plan from 11 to 12 and provides for an open narrowcasting radio service to be available.
Clause 1(b)(ii) varies the text of the instrument to make reference to additional attachments containing the technical specifications for new transmitters for:
- the new open narrowcasting radio service and the additional national radio broadcasting service referred to above;
- an existing commercial radio broadcasting service serving the general area of Gundagai; and
- an existing commercial radio broadcasting service serving the general area of Tumut.
Clause (1)(c) varies the text of the determination in the licence area plan to include a reference to a new attachment containing the technical specifications for an alternative transmitter that may be used by an existing community radio broadcasting service serving the general area of Wagga Wagga. Inclusion of technical specifications for an additional transmitter will allow the service to relocate its transmitter and improve reception to the general area it serves.
Clause 1(d) of the instrument varies the text of the determination in the licence area plan to insert a new clause. The clause provides that any reference in the determination to schedules and attachments includes a reference to those schedules and attachments that have been varied from time to time by the ABA.
Clause (2) of the instrument varies the schedules to the licence area plan. The schedules set out the details of the national, commercial and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Wagga Wagga RA1 licence area, the Wagga Wagga RA2 licence area and the Tumut RA 1licence area. The details include a transmitter specification number for each transmitter to be used by each service and the attachment which contain the technical specifications for each of the transmitters for each of those services.
Clause 2(a) inserts an updated Schedule One into the licence area plan. The updated schedule
- provides details of the additional national radio broadcasting service and the new open narrowcasting radio service (both referred to above), including transmitter specification numbers and references to attachments 1.16 and 1.19 as containing the technical specifications for those services; and
- provides additional transmitter specification numbers for additional transmitters for the existing commercial radio broadcasting services SL4136 (serving the general area of Gundagai) and SL6446 (serving the general area of Tumut) and refers to attachments 1.17 and 1.18 as containing the technical specifications for the transmitters.
Clause (2)(b) of the instrument varies schedule two of the licence area plan. The variation updates schedule two of the licence area plan:
- to indicate the community radio broadcasting service no SL1150770 (serving the general area of Wagga Wagga) is now licensed;
- to provide for an alternative additional transmitter for the community radio broadcasting service no SL3039 (to serve the general area of Wagga Wagga); and
- to provide details of that transmitter including the transmitter specification number and a reference to attachment 2.4 as containing the technical specifications for that transmitter.
Clause (2)(c) of the instrument varies schedule three of the licence area plan. The variation updates schedule three of the licence area plan:
- to indicate the community radio broadcasting service no SL11508803 (serving the area of Tumut) is now licensed;
- to provide details of that transmitter including the transmitter specification number and a reference to attachment 3.2 as containing the technical specifications for that transmitter.
Clause (3)(a) and (b) inserts attachments 1.16, 1.17, 1.18, 1.19 and 2.4, referred to above. The technical specification for each of the relevant services contains:
- the transmitter site;
- the frequency on which the service may be transmitted;
- other emission details; and
- the output radiation pattern (including power limitations).
Attachment 3.2 of the licence area plan contains the technical specifications for community radio broadcasting service SL1150803 (serving the general area of Tumut). Clause 3(c) replaces attachment 3.2 of the licence area plan with attachment 3.2 of the instrument. The updated attachment 3.2 specifies a new transmitter site for that service. The technical specifications of the service are not changed in any other way.
Clause 3(d), (e) and (f) of the instrument replace the existing descriptions of the relevant licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. It is not intended to substantially alter the boundaries of the existing licence areas.