LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Variation to the licence area plan for Warragul Radio made under the Broadcasting Services Act 1992
On 27 January 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Warragul 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 Warragul Radio on 6 December 2001. It is referred to in this explanatory paper as “the principal instrument”.
Intended impact and effect
The instrument:
- varies the characteristics of the technical specification with which services in the Warragul licence area (the licence area) must comply;
- redefines the licence areas for commercial and community radio services in Warragul and the licence areas for the community radio services in the Latrobe Valley and Leongatha.
In relation to commercial radio services, the ABA intends the effect of the variation to:
- rectify deficiencies in reception in the towns of Morwell and Traralgon of commercial radio service SL1150752 operating as 3SEA (the service); and
- limit radio signal overspill by services in the Warragul licence area into the Sale licence area to acceptable limits.
In relation to licence areas for community and commercial services, the ABA intends the effect of the variation to redefine the relevant 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
On 7 July 2003, the ABA received an unsolicited request from the licensee of the commercial radio service 3SEA for the ABA to vary the principal instrument in the manner set out in the instrument (apart from those provisions referring to the description of the relevant licence areas).
Before making a decision to vary the principal instrument, the ABA undertook the following steps by way of consultation:
- On 22 November 2004 the ABA published the following papers on its website:
- a draft variation to the principal instrument in accordance with the licensee’s submission; and
- an explanatory paper about the changes proposed in the draft variation, inviting public comment by 17 December 2004.
- On 29 November 2004, the ABA placed an advertisement in the La Trobe Valley Express newspaper outlining the effect of the draft variations to the principal instrument, 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 broadcasting services within the licence Warragul licence area and in neighbouring licence areas and industry bodies including the Australian Competition and Consumer Commission, AirServices Australia, Community Broadcasting Association of Australia, Commercial Radio 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 one submission 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 principal instrument to number each of the paragraphs in the determination consecutively as clauses.
Clause (1)(b) of the instrument varies the text of the determination in the principal instrument to include a reference to a new attachment 1.11 containing the technical specification for the new transmitter for the existing commercial radio service with the licence number SL1150752 for the Warrugal RA1 licence area.
Clause (1)(c) of the instrument varies the text of the determination in the principal instrument to insert a new clause that will ensure that it refers to schedules and attachments that have been amended from time to time by the ABA.
Clause (2) of the instrument varies schedule one of the principal instrument which sets out details of the national, commercial and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Warragul RA1 licence area, provides for a transmitter number for each transmitter to be used by each service and specifies the various attachments which contain the technical specifications for the transmitters for each of those services.
The variation updates schedule one of the principal instrument to indicate the Warragul service is now licensed, to include an additional transmitter number for the commercial radio broadcasting service licence number SL1150752, to refer to attachment 1.11 as containing the technical specification for that transmitter and notes that the Leongatha open narrowcasting service is now licensed. The schedule is not changed in any other material way.
Clause (3)(a) of the instrument inserts attachment 1.11 which contains the characteristics of the technical specification for the additional transmitter for the commercial radio broadcasting service with service licence number SL1150752, including
- the transmitter site;
- the frequency on which the service may be transmitted;
- other emission details;
- the output radiation pattern (including power limitations).
Clause 3(b) and (c) 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.