Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Wangaratta Radio – No. 1 of 2009 made under the Broadcasting Services Act 1992

In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005 the Australian Communications and Media Authority (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).

On 19 November 2009, the ACMA made a variation to the licence area plan (LAP) for Wangaratta radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.

The LAP and variations

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 ABA made the Licence Area Plan for Wangaratta Radio on 15 September 1997. It is referred to in this explanatory statement as “the Wangaratta LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of broadcasting services in the Wangaratta area by changing the technical specifications of the community radio broadcasting service, Alpine Radio (call sign: 3VKV), operating under licence number SL1150015 to facilitate a change in site and frequency and increase the maximum effective radiated power (ERP) and antenna height.

The instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and also makes some minor amendments to correct drafting errors. The instrument 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 extend coverage of the broadcasting service across the towns of Falls Creek, Bright, Mt Beauty and Dederang.  The ACMA also intends to clarify the characteristics, including technical specifications, of radio broadcasting services in the Wangaratta area. The ACMA does not intend the variation to significantly alter any existing rights and obligations materially, except as set out above.

Regulatory impact analysis

The ACMA has considered whether a regulatory impact statement is required and formed the view that the recommendations in the instrument would give rise to a regulatory obligation and has undertaken a regulatory analysis process. The ACMA has formed the view that that proposed regulation is likely to have no or low impact on business or the economy, and a regulation impact statement is not necessary in relation to the regulatory proposal.

Consultation and submissions

Before making a decision to vary the Wangaratta LAP, the ACMA undertook the following consultation:

On 7 September 2009, the ACMA published the following papers on its web site:

• a draft variation to the Wangaratta LAP;
• an explanatory paper about the changes proposed in the draft variation to the Wangaratta LAP, inviting public comment by 9 October 2009; and
• a media release announcing the proposed draft variation to the Wangaratta LAP.

On 8 September 2009, the ACMA wrote to the licensees providing radio and television broadcasting services to the Wangaratta region to advise them of the release of the draft variation to the Wangaratta LAP and to invite their comments.

On 9 September 2009, the ACMA placed an advertisement in the Wangaratta Chronicle and Bright Observer newspapers outlining the effect of the draft variation to the Wangaratta LAP, providing details of how to obtain copies of the draft variation, how to access it on the ACMA’s website and inviting public comment.

The ACMA received one submission on the draft variation to the Wangaratta LAP and accompanying explanatory paper.

Description of the provisions of the instrument

Clause (1)

Clause (1) identifies the power under which the ACMA makes the instrument, subsection 26(2) of the BSA.

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Wangaratta Radio – No. 1 of 2009.

Clause (3)

Clause (3) provides that the instrument commences the day after it is registered on the Federal Register of Legislative Instruments.

Clause (4)(a)

Clause (4) (a) numbers each of the paragraphs in the determination to the Wangaratta LAP consecutively as clauses (1), (2), (3), (4), (5) and (6).

Clause (4)(b)

Clause (4) (b) inserts a new clause (7) into the determination that will ensure it refers to schedules and attachments that have been amended from time to time by the ACMA.

Clause (4)(c)

Clause 4 (c) of the instrument omits all text appearing immediately under the heading “SCHEDULES” in the Wangaratta LAP (including the heading itself). The information was previously included for reference only, but may be confusing, and has now been omitted.

Clause (4)(d)

Clause (4) (d) of the instrument omits Schedule One, Schedule Two and Schedule Three to the Wangaratta LAP and substitutes new schedules in their place. These schedules set out the details of the national, commercial and community radio broadcasting services, and the open narrowcasting radio service that are to be available on particular frequencies in the Wangaratta LAP. In particular, the schedules provide the technical specification numbers for each transmitter to be used by the services in each licence area in the Wangaratta LAP, and specify the attachments which contain the technical specifications for each of those transmitters. The changes to the schedules omit some irrelevant material, and insert a new column that identifies the frequency used by each national, commercial and community radio broadcasting service, and the open narrowcasting radio service.

Clause (4)(e)

Clause 4 (e) omits the words “- Radio - September 1997” from Attachment 1.8 and Attachment 1.9 in the Wangaratta LAP. The information was previously included for ease of reference only, but may be confusing, and has now been omitted.

Clause (4)(f)

Clause (4)(f) of the instrument removes Attachment 1.12 from the Wangaratta LAP. Attachment 1.12 describes the commercial radio broadcasting service that was available at Mount Buffalo under the service licence number 10398.

When the Wangaratta LAP was made in 1997, Attachment 1.12 contained a special condition that it was to be replaced by the radio broadcasting service described under Attachment 1.11 upon commencement of that service. Attachment 1.11 describes the commercial radio broadcasting service available at Mount Buffalo under service licence number 10398. As the service described under Attachment 1.11 has commenced, Attachment 1.12 is now redundant and has been removed.

Clause (4)(g)

Clause (4)(g) of the instrument removes Attachment 1.1, Attachment 2.1 and Attachment 3.1 of the Wangaratta LAP and substitutes in the corresponding places the attachments of the instrument having those same numbers. These new attachments contain the definitions of the Wangaratta RA1, Mount Beauty RA1 and Wangaratta RA2 licence areas in terms of areas defined by the ABS, using 2006 census data. The Wangaratta RA1 and Wangaratta RA2 licence area themselves are unchanged. The boundary of the Mount Beauty RA1 licence area has been extended to encompass the areas of Bright, Dederang and Falls Creek, using 2006 census data.

Clause 4 (g) also removes  Attachment 1.2, Attachment 1.3, Attachment 1.4, Attachment 1.5, Attachment 1.6, Attachment 1.7, Attachment 1.10, Attachment 1.11, Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.16, Attachment 1.17, Attachment 2.2 and Attachment 3.2 of the Wangaratta LAP, and substitutes in the corresponding places the attachments to the instrument having those same numbers. These new attachments to the instrument contain the technical specifications for each transmitter to be used by the radio broadcasting services in the Wangaratta LAP. The changes to these attachments include the removal of the words “- Radio - September 1997” from the headings in each attachment.  This information was included for ease of reference only but may be confusing. The site tolerance has also been updated in each of these attachments to refer to the Broadcasting Services (Technical Planning) Guidelines 2007. This information has been updated for ease of reference only.

Additional changes to Attachment 1.2, Attachment 1.3, Attachment 1.4 and Attachment 1.7 have been made to reflect the correct antenna height.  Attachment 1.5, Attachment 1.6, Attachment 1.10, Attachment 1.11, Attachment 1.13, Attachment 1.14, Attachment 1.15, Attachment 1.16, Attachment 1.17 and Attachment 3.2 have also been updated to reflect the actual transmitter site name.  This information has been updated for ease of reference only and does not signify a change in broadcast site.

Further changes to Attachment 1.6 and Attachment 1.13 have been made to reflect a change in polarisation from ‘vertical’ to ‘mixed’. Mixed polarisation incorporates horizontal and vertical polarisation in order to facilitate improved coverage to domestic receivers.

The new Attachment 2.2 contains technical specifications for the community radio broadcasting service that is available at Mount Beauty under the service licence number SL1150015. The characteristics of the technical specifications for the transmitter have changed by relocating the transmitter site to Big Hill, moving the frequency to 96.5 MHz and increasing the maximum ERP to 100 watts and antenna height to 30 metres.