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

Administered by Department of Communications and the Arts

Legislation au F2009L00100 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

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

Radiocommunications Act 1992

Purpose

The Radiocommunications (Digital Radio Channels – Western Australia) Plan Variation 2008 (No.1) (the Plan Variation) amends the Radiocommunications (Digital Radio Channels – Western 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 Western 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 Perth 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 Western 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 Perth 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 permits greater effective radiated power (ERP) levels to be transmitted.

A new definition is inserted into Section 3 to support new Section 5.  New Section 5 is intended to aid both ACMA and the DRMT licensees in interpreting the requirements of the output radiation table.

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 four submissions on the DRCP variation for Western Australia.  Submissions were generally supportive of the proposed variation.  One submission, however, expressed a concern regarding the level of signal that might overspill into the adjacent Mandurah RA1 licence area.

ACMA has considered these submissions when making this instrument.  ACMA considered the likely level of signal overspill into the Mandurah RA1 licence area would occur as a necessary result of providing an adequate service within the Perth 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 – Western Australia) Plan 2007

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

Schedule 1

Amendment to Section 3 (Definitions)

Item 1 amends section 3 of the Plan to include the definition of ERP as used in new section 5.

New Section 5 (Maximum ERP Limits)

Item 2 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 3 varies the technical specification numbers in Table 1.

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

Items 4 and 6 replace the technical specification number of each technical specification.

Items 5 and 7 replace the output radiation pattern table of each technical specification.

 

Overview

The Radiocommunications (Digital Radio Channels – Western Australia) Plan Variation 2008 (No.1) is an amendment to the Radiocommunications (Digital Radio Channels – Western Australia) Plan 2007, enacted to address the need for greater coverage of digital radio multiplex transmitter (DRMT) licences in Western Australia, particularly in the Perth area. This legislative instrument was introduced by the Australian Communications and Media Authority (ACMA) under the authority granted by subsection 44A(6) of the Radiocommunications Act 1992. The primary objective of this variation is to enhance the output radiation patterns of the technical specifications to provide broader coverage for Perth digital radio services, without affecting the digital radio broadcasting services in the designated BSA radio area. ACMA followed the necessary consultation process by publishing a draft of the variation on its website and accepting public submissions before finalizing the instrument. The variation, which received support from the public with only one concern regarding potential signal overspill into the adjacent Mandurah RA1 licence area, involves amending the technical specifications for two DRMT licences in the Perth RA1 area. The amendments include a new definition for effective radiated power (ERP) and adjustments to the output radiation pattern tables to allow for higher ERP levels. ACMA determined that the variation has no or low impact, thus exempting it from the requirement to produce a Business Cost Calculator report or a Regulation Impact Statement. The Plan Variation is set to commence on the day after its registration.

Scope and Application

The Radiocommunications (Digital Radio Channels – Western Australia) Plan Variation 2008 (No.1) amends the Radiocommunications (Digital Radio Channels – Western Australia) Plan 2007 to enhance the coverage of digital radio multiplex transmitter (DRMT) licences in Western Australia, specifically within the Perth RA1 licence area. This Plan Variation applies to entities that have been issued or will be issued DRMT licences by the Australian Communications and Media Authority (ACMA) in the designated BSA radio area of Western Australia. ACMA has the authority to vary digital radio channel plans under subsection 44A(6) of the Radiocommunications Act 1992, and this Plan Variation follows the prescribed process, including public consultation as mandated by subsection 44A(7) of the Act. The geographic scope of this Plan Variation is limited to the state of Western Australia, and it does not affect digital radio broadcasting services outside the specified Perth RA1 licence area. ACMA has determined that this variation has no or low impact and thus has not required the preparation of a Regulation Impact Statement. The Plan Variation modifies the output radiation patterns of two technical specifications for DRMT licences, allowing for increased effective radiated power (ERP) levels to be transmitted within the Perth RA1 licence area. This change is intended to improve coverage without affecting services in adjacent licence areas. ACMA has considered public submissions, which generally supported the proposed variation, although one submission raised concerns about potential signal overspill into the Mandurah RA1 licence area. The Plan Variation also introduces a new definition of ERP and includes a new section to clarify how the output radiation patterns are to be interpreted, ensuring compliance with the technical specifications is demonstrable upon request by ACMA.

Key Provisions

The Radiocommunications (Digital Radio Channels – Western Australia) Plan Variation 2008 (No. 1) amends the Radiocommunications (Digital Radio Channels – Western Australia) Plan 2007, primarily focusing on improving the coverage of digital radio services in Perth, Western Australia. Section 1 of the Plan Variation provides the name of the document, while Section 2 states that it will commence on the day after it is registered. The most significant amendments are detailed in Schedule 1, which includes changes to the definitions, the technical specifications, and the frequency channels for DRMT licences issued in the Perth RA1 licence area. Under the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) has the authority to vary a digital radio channel plan (DRCP) through a legislative instrument (subsection 44A(6) of the Act). This process requires ACMA to publish a draft of the variation on its website, inviting public submissions for a period of at least 30 days, and then consider those submissions (subsection 44A(7) of the Act). The consultation process also involves liaising with interested parties, such as peak radio industry bodies and television broadcasters, to ensure that all relevant stakeholders have an opportunity to comment on the proposed changes. The Plan Variation is intended to revise the output radiation patterns of technical specifications to allow greater coverage of Perth digital radio services without affecting other digital radio broadcasting services in the designated BSA radio area. The Plan Variation imposes specific obligations on ACMA and DRMT licensees. ACMA is required to consider public submissions and make informed decisions based on the feedback received. DRMT licensees, on the other hand, must adhere to the revised technical specifications and output radiation patterns outlined in the Plan Variation. This includes demonstrating compliance with the output radiation pattern if requested by ACMA, which may involve providing calculations of transmission system gains and losses, as well as modelled vertical and horizontal radiation patterns for the antenna system. Failure to comply with these requirements may result in legal consequences. Failure to comply with the provisions of the Plan Variation can result in both civil and criminal penalties. While the specific offences and penalties are not detailed in the Explanatory Statement, it is important to note that breaches of the Radiocommunications Act 1992 may lead to fines and/or imprisonment. The maximum penalties for breaches of the Act can vary depending on the nature and severity of the offence. It is crucial for all parties involved to familiarise themselves with the requirements of the Plan Variation to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Communications Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Output radiation pattern
Effective radiated power

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.