EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Digital Radio Channels –– Tasmania) Plan Variation 2017 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Digital Radio Channels –– Tasmania) Plan Variation 2017 (No. 1) (the instrument) under subsection 44A(6) of the Radiocommunications Act 1992 (the Act).
Subsection 44A(1) of the Act provides that, before issuing the first digital radio multiplex transmitter (DRMT) licence for a designated BSA radio area, the ACMA must prepare a digital radio channel plan. Subsection 44A(6) of the Act provides that the ACMA may, by legislative instrument, vary a digital radio channel plan.
Purpose and operation of the instrument
In July 2015, the Department of Communications released the Digital Radio Report. Arising from the recommendations of the report, the Government requested that the ACMA establish a joint government-industry committee chaired by the ACMA, to progress the rollout of digital radio in regional Australia. The Digital Radio Planning Committee for Regional Australia formed in September 2015 and is tasked with planning the rollout of digital radio in regional areas where industry considers that it is economically feasible to do so. A technical sub-committee was also formed (chaired by Commercial Radio Australia) to develop high level planning principles as part of the rollout process.
The instrument varies an existing legislative instrument –– the Radiocommunications (Digital Radio Channels –– Tasmania) Plan 2007 (the Plan) –– which is made under subsection 44A(1) of the Act. The Plan allocates frequency channels and determines technical specifications for each DRMT licence in a designated BSA radio area. The designated BSA radio area referred to in the Plan is known as ‘Hobart RA1’. The Hobart RA1 licence area is the area defined by Attachment 1.1 to the Licence Area Plan –– Hobart Radio –– December 2001, a legislative instrument made under subsection 26(1) of the Broadcasting Services Act 1992.
The instrument repeals and substitutes Schedule 1 to the Plan, thereby making minor amendments to the technical specifications for the category 1 and category 3 DRMT licences for DRMTs located in Hobart RA1. A category 3 DRMT licence may be issued to a company beneficially owned by the national broadcasters, and is to be used only for the transmission of digital national radio broadcasting services (paragraph 109B(1)(h) of the Act). A category 1 DRMT licence is to be used only for the transmission of digital commercial radio broadcasting services and digital community broadcasting services (paragraph 109B(1)(f) of the Act).
The changes to the technical specifications made by the instrument authorise the operation of transmitters at higher effective radiated powers (ERP) by DRMT licensees. The changes also better describe the nominal locations of the DRMTs that are located in Hobart RA1.
In addition to the changes to the technical specifications, the instrument also changes the way in which technical specifications for the operation of a co-channel transmitter are determined. Instead of determining the technical specifications for co-channel DRMTs by reference to ‘technical planning guidelines’ made under section 33 of the Broadcasting Services Act 1992, the instrument amends the Plan to determine that the technical specifications for co-channel DRMTs are those specified in the relevant DRMT licence.
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Documents incorporated by reference
The instrument refers to legislative instruments and other writing, as in force from time to time, in accordance with section 314A of the Act.
Section 6 of the Plan, as inserted by item 2 of Schedule 1 to the instrument, provides that the technical specifications for co-channel transmitters licensed under a relevant DRMT licence are those specified in the licence. The details of DRMT licences issued by the ACMA, including the technical specifications of transmitters authorised to operate under those licences, are publicly available, free of charge, on the Register of Radiocommunications Licences, published on the ACMA’s website: www.acma.gov.au.
Schedule 1 to the instrument refers to the relevant designated BSA radio area as being the Hobart RA1 licence area. The Hobart RA1 licence area is defined in the Licence Area Plan –– Hobart Radio –– December 2001 which is publicly available, free of charge, at: www.legislation.gov.au.
Consultation
Subsection 44A(7) of the Act requires that, before varying the Plan, the ACMA must:
- publish a draft of the variation on the ACMA’s website; and
- invite members of the public to make submissions to the ACMA about the variation within a specified period of at least 30 days; and
- consider any submissions the ACMA receives from members of the public within that period.
On 21 December 2016, a draft version of the instrument and an accompanying discussion paper were published on the ACMA website, inviting members of the public to make submissions, and a media release was issued announcing the release of the draft instrument for comment. The release of the draft instrument was part of a wider consultation package about facilitating the expansion of digital radio across Australia. The invitation to comment closed on 13 February 2017.
The ACMA received a total of 12 submissions in response to the consultation package. The submissions were from a range of stakeholders in the radio broadcasting sector, and one was from a member of the public. Taken together, the submissions reflect the differing interests of stakeholders, which the ACMA must balance in the planning process for the expansion of digital radio into regional Australia. Before making the instrument, the ACMA considered all relevant submissions received before deciding not to make any changes to the draft instrument released for consultation.
Before making the instrument, the ACMA was satisfied that it had undertaken consultation that was appropriate within the terms of subsection 17(1) of the LA.
Regulatory impact assessment
The Office of Best Practice Regulation has determined that any regulatory change effected by the instrument is minor and machinery in nature and that no further regulatory impact analysis is required (OBPR reference number: 2138).
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The statement of compatibility set out in Attachment B has been prepared to meet that requirement.
Attachment A
Notes to the Radiocommunications (Digital Radio Channels – Tasmania) Plan Variation 2017 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Digital Radio Channels – Tasmania) Plan Variation 2017 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed at www.legislation.gov.au.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 44A(6) of the Act.
Section 4 Amendments
This section provides that the Radiocommunications (Digital Radio Channels –– Tasmania) Plan 2007 is amended by the applicable items in Schedule 1.
Schedule 1 — Amendments
Item 1 Section 3
This item inserts a “(1)” before the first words of section 3 in order to divide the section into subsections.
Item 2 Section 3, definition of technical planning guidelines
This item removes the definition of ‘technical planning guidelines’ from the definitions section of the Radiocommunications (Digital Radio Channels –– Tasmania) Plan 2007. The removal of the definition is related to item 4.
Item 3 At the end of section 3
This item adds a new subsection (2) to section 3. New subsection 3(2) provides that a reference in the Plan to a legislative instrument or other instrument or writing is taken to be a reference to that other legislative instrument, instrument or writing as in force or as in existence from time to time.
Item 4 Section 6
This item repeals and substitutes section 6 of the Radiocommunications (Digital Radio Channels –– Tasmania) Plan 2007. It provides that the technical specifications for a co-channel transmitter are those specified in the transmitter licence.
Item 5 Schedule 1
This item repeals and substitutes Schedule 1 to the Radiocommunications (Digital Radio Channels –– Tasmania) Plan 2007, including the two attachments to Schedule 1. The replacement schedule amends the technical specifications for the DRMTs in Hobart RA1 by increasing the maximum ERP specified in the output radiation patterns to 20 kW omni-directional. The increase in the maximum ERP removes a restriction that was put in place in order to protect digital television services at Lileah, north-west of Hobart, before the completion of the digital television switchover. That restriction is now no longer necessary.
The item also makes minor amendments to better describe the nominal locations for the DRMTs in Hobart RA1.
Attachment B
Statement of compatibility with human rights
Prepared by the Australian Communications and Media Authority under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Digital Radio Channels – Tasmania) Plan Variation 2017 (No. 1)
Overview of the instrument
The instrument is part of a package of subordinate legislation, the purpose of which is to facilitate the rollout of digital radio in regional areas of Australia. The implementation of the rollout follows on from the Government’s acceptance of recommendations in the Department of Communications’ Digital Radio Report published in July 2015. This led to the establishment of the Digital Radio Planning Committee for Regional Australia which was tasked with planning the rollout of digital radio in regional areas where industry considers it economically feasible to do so.
The instrument varies an existing legislative instrument –– the Radiocommunications (Digital Radio Channels – Tasmania) Plan 2007 (the Plan) by amending the technical specifications for digital radio multiplex transmitters authorised to operate in the Hobart RA1 licence area. By making these changes the potential number of people that will be able to receive digital radio services in the Hobart RA1 licence area will increase.
Human rights implications
The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of the applicable rights and freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.