EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Television Licence Area Plan (Regional Victoria) Variation 2014
Broadcasting Services Act 1992
The Australian Communications and Media Authority (ACMA) prepares television licence area plans under the Broadcasting Services Act 1992 (the BSA). The ACMA may, by legislative instrument, vary a television licence area plan under subsection 26(2) of the BSA.
The Television Licence Area Plan (Regional Victoria) Variation 2014, (the Variation) varies the Television Licence Area Plan (Regional Victoria) 2012 (Regional Victoria TLAP).
The Regional Victoria TLAP came into force on 14 December 2012 and plans the Eastern Victoria TV1, Regional Victoria TV1 and Western Victoria TV1 licence areas.
Intended impact and effect
The process of clearing digital TV services from the digital dividend spectrum is commonly known as restack.
In August 2014, the restack Project Implementation Manager (PIM) advised ACMA staff that, due to structural problems with the television transmission tower at Walwa/Jingellic, the planned antenna replacement could not proceed. Therefore, restack could not occur on the Block C channels, as planned in the Regional Victoria TLAP. The existing antenna at Walwa/Jingellic is not suitable for Block C channels, but is suitable for Block E channels.
The PIM and ACMA engineers determined that changing the post-restack channels for services at Walwa/Jingellic from Block C (channels 34-39) to Block E (channels 46-51) would be an acceptable solution (within the constraints of the existing infrastructure) that would not delay the planned restack, and would provide acceptable television reception for viewers in the area. The television broadcasting licensees additionally requested an increase in the maximum transmitter power at Walwa/Jingellic to help mitigate against the risk of interference associated with the block change.
The Variation makes a change to the post-restack channel allotments for the Walwa/Jingellic area by swapping the restack channels from Block C to Block E and increasing the maximum transmitter power from 15 W to 35 W. The television broadcasting licensees at Walwa/Jingellic already provide services using the Block E channels, and so the Variation will have little effect on them.
The Variation also makes changes to the WIN Television service at Hunters Knob by amending the channel allotment to reflect the current operating specifications. The effect of this change will remove the requirement for WIN Television to restack at Hunters Knob as the ACMA now considers this restack to be unnecessary.
The Variation also updates the Regional Victoria TLAP to include the Western Victoria TV1 licence area definitional data that was not contained in the original Regional Victoria TLAP.
A detailed description of the Variation is at Attachment A below.
Regulatory impact analysis
The Office of Best Practice Regulation (OBPR) has determined that the proposed regulatory change resulting from the Variation do not appear to have more than a minor impact on business, community or individuals and therefore a regulatory impact statement is not required (OBPR reference ID: 17610).
Consultation and submissions
Before making the Variation, the ACMA undertook the following consultation:
- On 13 November 2014, the ACMA published a discussion paper on its website about the draft Variation, which invited public comment by 27 November 2014.
- On 13 November 2014, the ACMA wrote to the commercial television broadcasting licensees likely to be affected, national broadcasters and other appropriate persons, alerting them to the proposed Variation and inviting comment.
- The ACMA received no submissions on the proposed Variation.
Statement of Compatibility with Human Rights
In accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, the ACMA has prepared a Statement of Compatibility with Human Rights to consider the human rights implications of the Variation.
The Statement concludes that the content of this legislative instrument does not raise any human rights issues.
The Statement of Compatibility prepared for the Variation is provided in Attachment B.
ATTACHMENT A
DETAILED DESCRIPTION OF TELEVISION LICENCE AREA PLAN (REGIONAL VICTORIA) VARIATION 2014
Section 1 Name of Variation
Section 1 names the Variation the Television Licence Area Plan (Regional Victoria) Variation 2014.
Section 2 Commencement
Section 2 provides that the Variation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 Variation
Section 3 specifies that Schedule 1 varies the Television Licence Area Plan (Regional Victoria) 2012.
Schedule 1 Variations
Item 1
This item varies the channel allotment specified at item 42 in column 1 of Table 1.1 in Schedule 1 from channel 36 to channel 47.
Item 2
This item varies the Maximum ERP specified at item 42 in column 4 of Table 1.1 in Schedule 1 from 15 W to 35 W.
Item 3
This item varies the channel allotment specified at item 30 in column 1 of Table 1.3 in Schedule 1 from channel 38 to channel 49.
Item 4
This item varies the Maximum ERP specified at item 30 in column 4 of Table 1.3 in Schedule 1 from 15 W to 35 W.
Item 5
This item varies the channel allotment specified at item 24 in column 1 of Table 1.4 in Schedule 1 from channel 44 to channel 45.
Item 6
This item varies the transmitter specification number specified at item 24 in column 8 of Table 1.4 in Schedule 1 from 1135329 to 107052.
Item 7
This item deletes the channel allotment specified at item 24A.
Item 8
This item varies the channel allotment specified at item 42 in column 1 of Table 1.4 in Schedule 1 from channel 37 to channel 48.
Item 9
This item varies the Maximum ERP specified at item 42 in column 4 of Table 1.4 in Schedule 1 from 15 W to 35 W.
Item 10
This item varies the channel allotment specified at item 63 in column 1 of Table 3.1 in Schedule 3 from channel 35 to channel 51.
Item 11
This item varies the Maximum ERP specified at item 63 in column 4 of Table 3.1 in Schedule 3 from 15 W to 35 W.
Item 12
This item varies the channel allotment specified at item 64 in column 1 of Table 3.1 in Schedule 3 from channel 34 to channel 50.
Item 13
This item varies the Maximum ERP specified at item 64 in column 4 of Table 3.1 in Schedule 3 from 15 W to 35 W.
Item 14
This item varies the channel allotment specified at item 65 in column 1 of Table 3.1 in Schedule 3 from channel 39 to channel 46.
Item 15
This item varies the Maximum ERP specified at item 65 in column 4 of Table 3.1 in Schedule 3 from 15 W to 35 W.
Item 16
This item inserts the Western Victoria TV1 licence area description. This is the same description as was included in Licence Area Plan – Regional Victoria Analog Television – October 2003 (which was repealed on 9 August 2013).
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Television Licence Area Plan (Regional Victoria) Variation 2014
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Television Licence Area Plan (Regional Victoria) Variation 2014 varies the Television Licence Area Plan (Regional Victoria) 2012 by swapping the post-restack channel allotments for the Walwa/Jingellic area from Block C (channels 34-39) to Block E (channels 46-51), and increasing the maximum transmitter power (at Walwa/Jingellic) from 15 W to 35 W, removing the requirement for the Hunters Knob WIN television service to restack, and inserting the Western Victoria TV1 licence area definition data.
Human Rights Implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Australian Communications and Media Authority