EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Wagga Wagga Radio – No.1 of 2013
Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA).
The ACMA has made a variation to the licence area plan for Wagga Wagga radio (the Wagga Wagga LAP). The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.
The LAP and variations to the LAP
The ACMA prepares 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 Wagga Wagga LAP was determined on 6 December 2001 and varied on 24 February 2005 and 3 August 2006.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Wagga Wagga area in order to make a new FM frequency available for the community radio broadcasting service 2TVR Tumut to establish a transmitter at Adelong and extend its licence area to cover that transmitter.
The variation also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Wagga Wagga LAP. It also updates each of the licence area definitions so that they are defined in terms of the Australian Bureau of Statistics (ABS) 2006 census data.
The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Wagga Wagga area. 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 regulation 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: ID 14190.
Consultation
Before making a decision to vary the Wagga Wagga LAP, the ACMA undertook the following consultation:
- On 17 November 2012, the ACMA published the following papers on its web site:
- Draft variation;
- an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 14 December 2012;
- draft licence area maps; and
- a media release announcing the draft variation.
- On 15 November 2012, the ACMA wrote to the licensees providing radio broadcasting services in the Wagga Wagga area to advise them of the release of the draft variation and to invite their comments by 14 December 2012.
- On 17 November 2012, the ACMA placed an advertisement in the “Wagga Wagga Advertiser” newspaper announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation and invited public comment by 14 December 2012.
Submissions
No submissions were received on the proposed draft variation.
Description of the provisions of the instrument
Clause 1
Clause 1 identifies that the ACMA makes the variation under subsection 26(2) of the BSA.
Clause 2
Clause 2 names the variation the Variation to Licence Area Plan – Wagga Wagga Radio – No. 1 of 2013.
Clause 3
Clause 3 provides that the variation commences the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 4(a)
Paragraph 4(a) renames the Wagga Wagga LAP as Licence Area Plan – Wagga Wagga Radio.
Paragraph 4(b)
Paragraph 4(b) amends the heading on the title page of the Wagga Wagga LAP so that it reads “Licence Area Plan – Wagga Wagga Radio”.
Sub-paragraph 4(c)(i)
Sub-paragraph 4(c)(i) amends the heading on page one of the Wagga Wagga LAP so that the heading now reads “Licence Area Plan – Wagga Wagga Radio”.
Sub-paragraph 4(c)(ii)
Sub-paragraph 4(c)(ii) omits clause (1) from the Wagga Wagga LAP and substitutes a new clause (1).
The new clause (1) modifies the existing first paragraph of the LAP to better reflect that the Wagga Wagga LAP is for radio broadcasting services in the Wagga Wagga area of New South Wales, and is made under subsection 26(1) of the BSA.
Sub-paragraph 4(c)(iii)
Sub-paragraph 4(c)(iii) amends clause (4) to omit the words “Attachments 3.2 to 3.4” and substitute the words “Attachments 3.2 – 3.5”.
This modification updates the clause so that it accurately reflects the number and type of services available in the area, including reflecting the addition of Attachment 3.5, which is described further at paragraph 4(j).
Sub-paragraph 4(c)(iv)
Sub-paragraph 4(c)(iv) amends clauses (2), (3), (4), (4A) and (5) to omit the word “determination” and substitute the word “plan”;
Paragraph 4(d)
Sub-paragraph 4(d) amends Schedules Two and Four to omit the heading “Licence Area Plan : Wagga Wagga Radio – August 2006” and substitute the heading “Licence Area Plan : Wagga Wagga Radio”. This modification will ensure consistency with other recently varied radio LAPs.
Paragraph4 (e)
Paragraph 4(e) replaces Schedule Three of the Wagga Wagga LAP with Schedule Three of the variation.
Schedule Three sets out the details of the community radio broadcasting service that is to be available with a particular frequency in the Tumut RA1 licence area.
In particular, the Schedule provides the transmitter specification numbers for each transmitter to be used by the services in the licence areas, and specify the Attachments which contain the technical specifications for each of those transmitters.
Schedule Three has been updated to include reference to Attachment 3.5, the in-fill transmitter at Adelong, New South Wales for the existing Tumut FM community radio broadcasting service 2TVR, which is described further at paragraph 4(j).
Schedule Three has also been updated so that its heading reads “Licence Area Plan : Wagga Wagga Radio”. This modification will ensure consistency with other recently varied radio LAPs.
Paragraph 4(f)
Paragraph 4(f) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15 and 2.3 to omit the heading “Licence Area Plan : Wagga Wagga Radio – December 2001” and substitute the heading “Licence Area Plan : Wagga Wagga Radio”. This modification will ensure consistency with other recently varied radio LAPs.
Paragraph 4(g)
Paragraph 4(g) amends Attachments 3.3, 3.4, 4.2, 4.3, 4.4, 4.5 and 4.6 to omit the heading “Licence Area Plan : Wagga Wagga Radio – August 2006” and substitute the heading “Licence Area Plan : Wagga Wagga Radio”. This modification will ensure consistency with other recently varied radio LAPs.
Paragraph 4(h)
Paragraph 4(h) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 2.3, 3.2, 3.3, 3.4, 4.2, 4.3, 4.4 and 4.5 to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only and does not signify a change to the planned performance of the transmitters.
Paragraph 4(i)
Paragraph 4(i) omits Attachments 1.1, 2.1, 3.1 and 4.1 from the Wagga Wagga LAP and substitutes Attachments 1.1, 2.1, 3.1 and 4.1 of the variation.
The new Attachments 1.1, 2.1 and 4.1 contain the definitions of the Wagga Wagga RA1, Wagga Wagga RA2 and Wagga Wagga RA3 licence areas in terms used by the ABS in the 2006 census, but otherwise remain unchanged.
The new Attachment 3.1 contain the definition of the Tumut RA1 licence area extended to include the community of Adelong and described in terms used by the ABS in the 2006 census.
Paragraph 4(j)
Paragraph 4(j) inserts new Attachment 3.5 into the Broken Hill LAP.
The new Attachment 3.5 makes available the FM frequency 94.1 MHz, with a maximum ERP of 20 watts, for a transmitter at Adelong, New South Wales for the existing Tumut FM community radio broadcasting service 2TVR.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Variation to Licence Area Plan – Wagga Wagga Radio – No.1 of 2013
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This legislative instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Wagga Wagga area by making a new FM frequency available for the community radio service 2TVR Tumut to establish a transmitter at Adelong and extend its licence area to cover that transmitter.
This legislative instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Wagga Wagga LAP. It also updates each of the licence area definitions so that they are defined in terms of the Australian Bureau of Statistics (ABS) 2006 census data.
The intended impact and effect of this instrument is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Wagga Wagga area. The ACMA does not intend the instrument to alter any existing rights and obligations, except as set out above.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Australian Communications and Media Authority