Radiocommunications (Digital Radio Channels — South Australia) Plan Variation 2008 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2009L00102 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

Radiocommunications (Digital Radio Channels – South Australia) Plan Variation 2008 (No.1)

Radiocommunications Act 1992

Purpose

The Radiocommunications (Digital Radio Channels – South Australia) Plan Variation 2008 (No.1) (the Plan Variation) amends the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007 which describes the frequency channel, licence categories and technical specifications for digital radio multiplex transmitter (DRMT) licences issued (or to be issued) by the Australian Communications and Media Authority (ACMA) in South Australia.  The primary purpose of the Plan Variation is to revise the output radiation pattern of each technical specification to allow greater coverage to be achieved by Adelaide digital radio services.

Legislative Provisions

In accordance with subsection 44A(6) of the Radiocommunications Act 1992 (the Act), ACMA may by legislative instrument vary a digital radio channel plan (DRCP). Before varying a DRCP, ACMA must publish a draft of the variation on its website and invite members of the public to make submissions within a specified period of at least 30 days and then consider those submissions (subsection 44A(7) of the Act).  

In preparing a variation to a DRCP, subsection 44A(8) requires that ACMA must also have regard to the digital radio broadcasting services that are or will be provided in the designated BSA radio area.  Other than providing the opportunity of providing greater coverage, the Plan Variation has no effect on any digital radio broadcasting services that will be provided in the designated BSA radio area.

Background

ACMA determined the initial DRCP for South Australia on 6 December 2007.  The output radiation patterns of each technical specification allowed a maximum effective radiated power of 12.5 kW in some directions for the DRMT licences in the designated BSA radio area.

Operation

The Plan Variation revises the two technical specifications for two DRMT licences for the designated BSA radio area known as Adelaide RA1.  Each revised technical specification is identified by a new technical specification number. The table specifying the output radiation pattern in each technical specification is replaced with a new table that specifies a more complex output radiation pattern.  The output radiation pattern tables include the concept of a dividing line which allows different effective radiated power (ERP) levels to be specified above and below the dividing line.  The depression angle of the dividing line is also specified.  For each sector where a dividing line is specified, the ERP above the line is the limit required to protect a distant co-channel television service from interference or to limit signal overspill in to an adjacent licence area. A greater ERP is specified below the line to allow, as far as is practicable, improved coverage to be achieved within the licence area.  Under this approach a licensee could tailor the shape of their antenna’s vertical radiation pattern to comply with the above the line limit and maximise coverage within the licence area.

New definitions are inserted into Section 3 to support the dividing line concept and new Section 3A defines the dividing line.  New Section 5 is intended to aid both ACMA and the DRMT licensees in interpreting the requirements of the output radiation table, in particular where the table uses the dividing line concept.

Consultation

On 24 October 2008 the draft Plan Variation was published on the ACMA internet site inviting members of the public to make submissions on the instrument.  The release of the draft Plan Variation was accompanied by a media release on the same day announcing the release of the draft Plan Variation for comment.

Also on 24 October, ACMA liaised directly with interested parties to alert them to the release of the draft Plan Variation. These interested parties included peak radio industry bodies and others who had provided their email contact details in response to a letter of 8 June 2007 that was sent to all wide coverage radio broadcasters in the six state capital cities, inviting their representatives to a briefing on digital radio planning. Also alerted to the release of the draft Plan Variation were parties interested in the planning of digital television services, which includes national and commercial television broadcasters and the commercial television peak body.

ACMA ceased accepting comments on the draft Plan Variation on 25 November 2008, having received five submissions on the DRCP variation for South Australia.  Submissions were generally supportive of the proposed variation.  Two submissions, however, expressed concern regarding the level of signal that might overspill into the adjacent Murray Bridge RA1 and Remote Commercial Radio Service Central Zone RA 1 licence areas.

ACMA has considered these submissions when making this instrument. ACMA considered the likely level of signal overspill into these above mentioned licence areas would occur as a necessary result of providing an adequate service within the Adelaide RA1 licence area.

Regulation Impact

ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Plan Variation has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement.  The ACMA RIS exemption reference number is ACMA029.

 

Documents incorporated into this Plan Variation by Reference

Nil

Attachments

Details of the Plan Variation are described in the Attachment.


ATTACHMENT

Notes on sections

Section 1 Name of Plan Variation

This section provides for the name of the Plan Variation.

Section 2 Commencement

This section provides for the Plan Variation to commence on the day after it is registered.

Section 3 Amendment of Radiocommunications (Digital Radio Channels – South Australia) Plan 2007

This section states that the amendments to the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007 (the Plan) are contained in Schedule 1.

Schedule 1

Amendments to Section 3 (Definitions)

Items 1 to 3 amend section 3 of the Plan to include the definition of terms used in new sections 3A and 5.

New Section 3A (Dividing Line)

Item 4 inserts a new clause describing the dividing line used in the amended output radiation patterns in each technical specification.

New Section 5 (Maximum ERP Limits)

Item 5 inserts a new clause that provides additional information on how the output radiation pattern in each technical specification is to be interpreted. It also requires the DRMT licensee to demonstrate compliance with the output radiation pattern if requested to do so by ACMA. One of the ways ACMA might seek to confirm compliance is to be provided with calculations of transmission system gains and losses together with modelled vertical and horizontal radiation patterns for the antenna system.

Amendments to Schedule 1, Table 1 (Frequency channels)

Item 6 varies the technical specification numbers in Table 1.

Amendments to Schedule 1, Attachments 1.1 and 1.2  (Technical Specifications)

Items 7, 9, and 11 replace the technical specification number of each technical specification.

Items 8, 10 and 12 replace the output radiation pattern table of each technical specification.

 

Overview

The Radiocommunications (Digital Radio Channels – South Australia) Plan Variation 2008 (No.1) amends the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007, which outlines the frequency channels, licence categories, and technical specifications for digital radio multiplex transmitter (DRMT) licences in South Australia, issued by the Australian Communications and Media Authority (ACMA). Enacted in 1992, the Radiocommunications Act allows ACMA to vary digital radio channel plans under subsection 44A(6). The primary objective of this variation is to enhance coverage for Adelaide's digital radio services by revising the output radiation patterns in the technical specifications. This change permits a greater effective radiated power in certain directions, thereby improving coverage within the designated BSA radio area while taking into consideration potential interference with distant co-channel television services and adjacent licence areas. ACMA ensured public consultation by publishing a draft of the variation on its website and inviting submissions over a 30-day period. The final instrument reflects the feedback received, addressing concerns about potential signal overspill into neighbouring areas.

Scope and Application

The Radiocommunications (Digital Radio Channels – South Australia) Plan Variation 2008 (No.1) amends the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007, which outlines the frequency channel, licence categories, and technical specifications for digital radio multiplex transmitter (DRMT) licences issued by the Australian Communications and Media Authority (ACMA) in South Australia. This variation aims to enhance the coverage of digital radio services in Adelaide by revising the output radiation patterns of the technical specifications. The application of this Plan Variation is specific to the digital radio broadcasting services provided in the designated BSA radio area of Adelaide, South Australia, and it does not affect other areas or services. The variation was prepared in accordance with the Radiocommunications Act 1992, which mandates that ACMA consult with the public before making any changes to a digital radio channel plan (DRCP). This process includes publishing a draft of the variation on the ACMA website, inviting public submissions, and considering those submissions. The variation has no or low impact, thus no Business Cost Calculator report or Regulation Impact Statement was prepared. The changes introduced by the Plan Variation are incorporated into the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007 through amendments to definitions, the introduction of a dividing line concept in the technical specifications, and adjustments to the output radiation pattern tables. These amendments are detailed in Schedule 1 of the Plan Variation.

Key Provisions

The Radiocommunications (Digital Radio Channels – South Australia) Plan Variation 2008 (No. 1) amends the Radiocommunications (Digital Radio Channels – South Australia) Plan 2007 (subsection 44A(6) of the Radiocommunications Act 1992). This variation revises the output radiation patterns of digital radio multiplex transmitter (DRMT) licences to improve coverage in the Adelaide region. The purpose of this variation is to allow greater coverage by Adelaide digital radio services while ensuring protection for distant co-channel television services and minimising signal overspill into adjacent licence areas (subsection 44A(8) of the Act). The Australian Communications and Media Authority (ACMA) published a draft of the variation on its website and invited public submissions, which were considered in preparing the final instrument (subsection 44A(7) of the Act). The Plan Variation imposes several obligations on the parties it governs. Firstly, ACMA must ensure that any variation to a digital radio channel plan (DRCP) adheres to the requirements of the Radiocommunications Act 1992 and considers the impact on digital radio broadcasting services in the designated BSA radio area. Secondly, DRMT licensees must comply with the revised technical specifications, particularly the new output radiation patterns that include a dividing line concept. This dividing line allows for different effective radiated power (ERP) levels above and below the line, ensuring both adequate coverage within the licence area and protection for co-channel television services. DRMT licensees must also be prepared to demonstrate compliance with the output radiation patterns if requested by ACMA, potentially by providing calculations of transmission system gains and losses and modelled radiation patterns (new Section 5 of the Plan). Breach of the obligations imposed by this Plan Variation may lead to various consequences. While the explanatory statement does not explicitly detail offences or penalties for non-compliance, it is reasonable to infer that failure to adhere to the technical specifications and output radiation patterns could result in regulatory action by ACMA. This may include requests for compliance demonstrations, fines, or the revocation of the DRMT licence under the Radiocommunications Act 1992. The specific penalties for non-compliance would depend on the nature and severity of the breach, as well as any relevant provisions within the broader legislative framework. The Plan Variation is designed to ensure that digital radio services in the Adelaide region achieve greater coverage without causing undue interference to other services. By revising the output radiation patterns and introducing the dividing line concept, it aims to balance the needs of DRMT licensees and other stakeholders, such as television broadcasters. The consultation process, which included public submissions and direct communication with interested parties, demonstrates ACMA's commitment to transparency and stakeholder engagement in the regulatory process. The Plan Variation is intended to support the ongoing development and optimisation of digital radio services in South Australia, contributing to the broader goals of the Radiocommunications Act 1992.

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