EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Digital Radio Channels – Victoria) Plan Variation 2008 (No.1)
Radiocommunications Act 1992
Purpose
The Radiocommunications (Digital Radio Channels – Victoria) Plan Variation 2008 (No.1) (the Plan Variation) amends the Radiocommunications (Digital Radio Channels – Victoria) 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 Victoria. 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 Melbourne 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 Victoria 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 three technical specifications for three DRMT licences for the designated BSA radio area known as ‘Melbourne 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 Victoria. Submissions generally had concerns with the limited ERP levels permitted in certain directions which were included in the draft variation to either limit interference to digital television services or limit signal overspill. Two submissions expressed concern regarding the level of signal that might overspill into the adjacent Geelong RA1 and Remote Commercial Radio Service Central Zone RA 1 licence areas.
ACMA has considered these submissions when making this instrument. ACMA reviewed the ERP limits designed to limit co-channel interference to digital television services and found that the limit toward Lileah could be removed, but that it was necessary to retain the other limits. ACMA considered the likely level of signal overspill into the above mentioned licence areas would occur as a necessary result of providing an adequate service within the Melbourne 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 – Victoria) Plan 2007
This section states that the amendments to the Radiocommunications (Digital Radio Channels – Victoria) 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, 1.2 and 1.3 (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.