EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Albury Radio – 2021 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Albury Radio – 2021 (No. 1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).
The ACMA may, by legislative instrument, vary a licence area plan (LAP) under subsection 26(2) of the Act.
Purpose and operation of the instrument
LAPs determine the number and characteristics, including technical specifications, of broadcasting services that are to be made available in particular areas of Australia with the use of the broadcasting services bands.
The Australian Broadcasting Authority determined the Licence Area Plan – Albury (Radio) – September 1997 (F2005B00605) (Albury LAP) on 30 September 1997.
The instrument primarily varies the characteristics, including the technical specifications, of radio broadcasting services in the Albury area of New South Wales and Victoria. The main variations are to plan a new community radio broadcasting service for the Holbrook area, to increase the size of the community radio licence area in the Upper Murray area, and to enable a community broadcasting service that operates in the Wodonga area to serve the Albury-Wodonga area with an increased broadcast power.
The instrument also makes minor variations including updates to some transmitter site nominal locations and replacing Australian Map Grid References for transmitters with co-ordinates using the Geocentric Datum of Australia 1994 (GDA94).
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Documents incorporated by reference
In accordance with section 14 of the LA, the instrument amends the Albury LAP to incorporate the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time. The Broadcasting Services (Technical Planning) Guidelines 2017 may be accessed from the Federal Register of Legislation, free of charge, at: www.legislation.gov.au.
The instrument also incorporates the Geodetic Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing on that date. Gazette No. GN 35 can be accessed, free of charge, at: www.legislation.gov.au.
Consultation
Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
Before making the decision to vary the Albury LAP, the ACMA published a consultation paper on its website on 15 September 2021, which provided the background to the proposal. The following stakeholders were notified by email about the release of the consultation paper:
- radio broadcasting licensees and national broadcasters in the Albury RA1, Albury RA2, Wodonga RA1, Omeo RA1, Upper Murray RA1 licence areas, and in adjacent radio licence areas;
- the peak industry bodies Commercial Radio Australia and Community Broadcasting Association of Australia;
- State and Federal members of Parliament whose electorates include the Albury area, and civic bodies including local councils, shire libraries and community associations.
The consultation period ended on 13 October 2021 and no submissions were received.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR), in a guidance note entitled “Carve-outs” (available at: https://www.dpmc.gov.au/resource-centre/regulation/carve-outs-guidance-note), has established a “carve-out” for variations to LAPs where those variations are unlikely to have more than a minor regulatory impact (OBPR reference number: 13301). A carve-out is a standing agreement between OBPR and a government agency which sets aside the requirement for a preliminary assessment to be sent to OBPR for certain types of proposed regulatory change. The ACMA has formed the opinion that the instrument falls within the terms of the carve-out.
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 with human rights to be prepared in respect of that legislative instrument.
The statement of compatibility set out below has been prepared to meet that requirement.
Overview of the instrument
The instrument varies the Albury LAP. The instrument makes changes to the existing characteristics, including technical specifications, of certain radio broadcasting services in the Albury area of New South Wales and Victoria, and plans a new community radio broadcasting service in the Holbrook area of New South Wales.
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 those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Variation to Licence Area Plan – Albury Radio – 2021 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Albury Radio – 2021 (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.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 26(2) of the Act.
Section 4 Variation
This section varies the Albury LAP as set out in paragraphs 4(a) to 4(ddd).
Paragraph 4(a) renames the instrument as the “Licence Area Plan – Albury Radio”.
Paragraph 4(b) amends a reference to the instrument’s new title.
Paragraph 4(c) modernises clause (1) of the Albury LAP to make it consistent with other LAPs.
Each of paragraphs 4(d) to (j) amends a clause of the Albury LAP by omitting each occurrence of “Determination” and substituting “plan”, to make it consistent with other LAPs.
Paragraph 4(g) also amends clause (5) of the Albiury LAP to increase the number of community radio broadcasting services planned for the Albury RA2 licence area from two to three.
Paragraph 4(h) also amends clause (6) of the Albury LAP to recognise the inclusion of new Attachment 3.6.
Paragraph 4(i) also amends clause (7) of the Albury LAP to make a minor correction.
Paragraph 4(k) omits clause (9) of the Albury LAP and substitutes a new clause (9), which provides for the interpretation of terms that apper in the the licence area plan. Paragraph 9(a) specifies that a reference to a schedule or attachment is a reference to a schedule or attachment to the plan. Paragraph 9(b) specifies that a reference to a legislative instrument in the plan is a reference to that instrument as in force from time to time. Paragraph 9(c) specifies that a reference to any other kind of instrument or writing in the plan is a reference to that instrument or writing as in force or in existence at the time the reference was included in the plan.
Paragraph 4(l) omits text that was included for information only.
Paragraph 4(m) amends the table in Schedule One to the Albury LAP by correcting the spelling of “Mulwala”.
Paragraph 4(n) amends Schedule Two to the Albury LAP by inserting details of two new transmitters for a new community radio broadcasting service for the Albury RA2 licence area, including where the characteristics and technical specifications may be located by reference to the attachment numbers. New attachments 2.4 and 2.5 relate to a new community broadcasting service for the Albury RA2 licence area, that is currently planned for the Wodonga RA1 licence area.
Paragraph 4(o) amends Schedule Three to the Albury LAP by inserting details of a new transmitter for an existing community radio broadcasting service for the Upper Murray RA1 licence area, including where the characteristics and technical specifications may be located by a reference to the attachment number. New attachment 3.6 relates to the community radio broadcasting service that is planned in for the Upper Murray RA1 licence area.
Paragraph 4(p) omits Schedule Five to the Albury LAP, which relates to the Wodonga RA1 licence area. The Wodonga RA1 licence area is being repealed from the Albury LAP. The existing community radio broadcasting service is instead being planned for the Albury RA2 licence area. The same paragraph also substitutes a new Schedule Five that relates to a new community radio broadcasting service planned for the new Holbrook RA1 licence area.
Paragraph 4(q) makes a minor correction to Attachment 1.1 of the Albury LAP.
Paragraph 4(r) makes a minor change to Attachment 1.1, to make it consistent with other LAPs.
Paragraphs 4(s) to (oo) amend Attachments 1.2 to 1.30 of the Albury LAP to transform site co-ordinates for the nominal locations of planned transmitters for broadcasting services, to a latitude and longitude format using GDA94, rather than the Australia Grid Map.
The nomination location of planned transmitters is also changed in Attachments 1.2 to 1.7, Attachments 1.9 to 1.14, Attachment 1.17, Attachment 1.18, Attachment 1.21, Attachment 1.22, Attachment 1.24, Attachment 1.27 and Attachment 1.30.
Paragraph 4(s) also amends Attachment 1.2 to insert a special condition about the maximum cymomotive force of the planned transmitter.
Paragraph 4(t) also amends Attachment 1.3 to insert a special condition about the maximum cymomotive force of the planned transmitter.
Paragraph 4(v) also amends Attachment 1.6 by repealing and replacing the output radiation pattern table for the planned transmitter, and to insert a special condition about the maximum cymomotive force of the planned transmitter..
Paragraph 4(z) also amends Attachment 1.12 to insert a special condition about the maximum cymomotive force of the planned transmitter.
Paragraph 4(aa) also amends Attachment 1.13 by repealing and replacing the output radiation pattern table for the planned transmitter.
Paragraph 4(bb) also amends Attachment 1.14 to insert a new advisory note about the protection of the broadcasting service against interference from other broadcasting services to a minimum median field strength level of 66 dBµV/m contour where the transmission is in accordance with the specifications in the Attachment.
Paragraph 4(dd) also amends Attachment 1.17 by repealing and replacing the output radiation pattern table for the planned transmitter. This change does not affect the operation of the transmitter.
Paragraph 4(ee) also amends Attachment 1.18 to insert a new advisory note about the protection of the broadcasting service against interference from other broadcasting services to a minimum median field strength level of 66 dBµV/m contour where the transmission is in accordance with the specifications in the Attachment.
Paragraph 4(gg) also amends Attachment 1.21 by substituting a new special condition about the maximum cymomotive force of the planned transmitter, and an advisory note about calculating the coverage area of the transmission using the GDA94 co-ordinates specified in the advisory note.
Paragraphs 4(hh) to (mm) also amend Attachments 1.22 to 1.27 by repealing the special conditions, and by inserting new advisory notes about:
- calculating the coverage area of the transmission using the GDA94 co-ordinates; and
- the protection of the broadcasting service against interference from other broadcasting services to a minimum median field strength level of 66 dBµV/m contour where the transmission is in accordance with the specifications in the Attachment.
Paragraph 4(oo) also amends Attachment 1.30 by repealing the special condition, and by inserting a new advisory note about:
- calculating the coverage area of the transmission using the GDA94 co-ordinates; and
- the protection of the broadcasting service against interference from other broadcasting services to a minimum median field strength level of 66 dBµV/m contour where the transmission is in accordance with the specifications in the Attachment.
Paragraph 4(pp) makes minor amendments to Attachment 2.1 of the Albury LAP, to make it consistent with other LAPs.
Paragraphs 4(qq) and (rr) amend Attachments 2.2 and 2.3 of the Albury LAP to transform site coordinates for the nominal locations of planned transmitters for broadcasting services, to a latitude and longitude format using GDA94, rather than the Australian Map Grid.
Paragraph 4(rr) also amends Attachment 2.3 to omit a special condition that is now redundant.
Paragraph 4(ss) inserts two new Attachments after Attachment 2.3. The new Attachment 2.4 provides an interim technical specification for the community radio broadcasting service previously planned for the Wodonga RA1 licence area, allowing it to operate in the Albury RA2 licence area with its Wodonga-based nominal location and broadcast power. New Attachment 2.5 provides a new technical specification for the same community radio broadcasting service that will enable it to operate a transmitter at a new nominal location with an increased broadcast power, to serve a greater part of the Albury RA2 licence area.
Paragraph 4(tt) omits Attachment 3.1 and substitutes a new Attachment 3.1 that expands the Upper Murray RA1 licence area.
Paragraphs 4(uu) to (xx) amend Attachments 3.2 to 3.5 of the Albury LAP to transform site coordinates for the nominal locations of planned transmitters for broadcasting services, to a latitude and longitude format using GDA94, rather than the Australian Map Grid.
Paragraphs 4(uu) and (ww) also amend Attachments 3.2 and 3.4 by inserting a new advisory note about:
- calculating the coverage area of the transmission using the GDA94 co-ordinates; and
- the protection of the broadcasting service against interference from other broadcasting services to a minimum median field strength level of 66 dBµV/m contour where the transmission is in accordance with the specifications in the Attachment.
Paragraph 4(xx) also amends Attachment 3.5 by changing the broadcast polarisation.
Paragraph 4(yy) inserts a new Attachment after Attachment 3.5 of the Albury LAP. New Attachment 3.6 provides an additional infill transmitter for a community radio broadcasting service that operates in the Upper Murray RA1 licence area, allowing it to serve new regions added to the licence area.
Paragraph 4(zz) makes minor amendments to Attachment 4.1 of the Albury LAP, to make it consistent with other LAPs.
Paragraphs 4(aaa) to (ccc) amend Attachments 4.2 to 4.4 of the Albury LAP to transform site coordinates for the nominal locations of planned transmitters for broadcasting services, to a latitude and longitude format using GDA94, rather than the Australian Map Grid, and to change the broadcast polarisation.
Paragraph 4(ddd) omits Attachments 5.1 and 5.2 and substitutes new Attachments. The new Attachment 5.1 provides for the new Holbrook RA1 licence area. The new Attachment 5.2 provides technical specifications for a transmitter for the new community broadcasting service that is planned for the Holbrook RA1 licence area.