Variation to Licence Area Plan – Atherton Radio – 2018 (No.1)

Administered by Department of Communications and the Arts

Legislation au F2018L00716 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Atherton Radio – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Atherton Radio – 2018 (No.1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).

The ACMA may, by legislative instrument, vary licence area plans (LAPs) 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 available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority made the Licence Area Plan - Atherton Radio on 27 November 1997(F2005B00733) (Atherton LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Atherton area of Northern Queensland by making spectrum available for an FM transmitter for the 4AM commercial radio broadcasting service to address coverage deficiencies in the Mosman area.

The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for commercial and community radio broadcasting services.

Further details regarding the instrument are set out in Attachment A. The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Document incorporated by reference

The instrument incorporates 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: www.legislation.gov.au.

The instrument also refers to areas defined by the Australian Bureau of Statistics (ABS) in its Census of 8 August 2006. As permitted by paragraph 14(1)(b) of the LA, these areas are incorporated from that Census as it existed at the day the instrument commenced. The areas defined in the Census of 8 August 2006 may be accessed, free of charge, through the Australian Standard Geographical Classification 2006 which is published on the website of the ABS at: www.abs.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 Atherton LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal by publishing it on the ACMA website on 12 March 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the Atherton licence area and adjacent radio licence areas inviting them to comment on the proposal to vary the Atherton LAP.

The consultation period ended on 6 April 2018 and the ACMA received one submission.

The submission was taken into account in making the variations effected by the instrument.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note titled “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 with OBPR reference number 13301.

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 below has been prepared to meet that requirement.

Overview of the instrument

The instrument varies the Licence Area Plan - Atherton Radio. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including some technical specifications of, certain radio broadcasting services in the Atherton RA1 licence area.

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
– Atherton Radio – 2018 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Atherton Radio – 2018 (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 26(2) of the Act.

Section 4 Variation

This section varies the Atherton LAP as set out in paragraphs (a) to (e).

Paragraph 4(a)

Paragraph 4(a) omits the reference to “Attachments 1.2 -1.17” at page 3 in paragraph (2) and substitutes “Attachments 1.2 - 1.18 to this plan”.

Paragraph 4(b) and Schedule 1

Paragraph 4(b) replaces Schedule One of the instrument. That Schedule sets out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Atherton RA1 licence area.

In particular, the Schedule provides the technical specification numbers for each transmitter to be used by the services in the licence area, and specifies the attachments which contain the technical specification for each of those transmitters.

Paragraph 4(c)

Paragraph 4(c) removes the reference to a Licence Identification number from Attachment 1.1.

Paragraph 4(d) and Schedule 2

Paragraph 4(d) repeals Attachments 1.2 - 1.17 and substitutes new Attachments 1.2 - 1.18 at Schedule 2 to the instrument.

Attachment 1.5 amends the technical specifications of the commercial radio services under Service Number SL1150016 available in the Mosman area of the Atherton RA1 licence area.

The new Attachment 1.18 contains the technical specifications for the transmitter for the commercial radio broadcasting service under Service Licence number SL4167 to be available in the Mossman area of the Atherton RA1 licence area.

Minor amendments to the descriptions of nominal locations of transmitter sites, to Australian Map Grid references, advisory notes and special conditions have been made in some of the Attachments. In each case the information has been updated to better reflect current operations or for ease of reference only. These amendments do not signify a change to the planned performance of the relevant transmitter.

Paragraph 4(e)

Paragraph 4(e) removes the reference to a Licence Area Identification number from Attachment 2.1.

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, ensuring that they meet certain standards and comply with the law. The Act provides the framework for the Australian Communications and Media Authority (ACMA) to issue broadcasting licences and to create Licence Area Plans (LAPs) that specify the characteristics and technical specifications of broadcasting services available in certain areas. The problem or gap that the Act addresses is the need for a regulatory framework to manage the allocation of radiofrequency spectrum and to ensure that broadcasting services operate within certain standards and do not interfere with each other. The ACMA, as the enacting body, has the authority under subsection 26(2) of the Act to vary LAPs as needed, and the policy objective is to ensure that broadcasting services are available and operate efficiently and effectively in the areas they serve. The Variation to Licence Area Plan – Atherton Radio – 2018 (No.1) is an example of the ACMA exercising this authority to make changes to the Atherton LAP to address coverage deficiencies in the Mosman area and to update certain technical specifications and transmitter site information.

Scope and Application

The Variation to Licence Area Plan – Atherton Radio – 2018 (No.1) made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992, aims to adjust the characteristics and technical specifications of radio broadcasting services in the Atherton area of Northern Queensland. This legislative instrument specifically makes spectrum available for an FM transmitter for the 4AM commercial radio broadcasting service to address coverage deficiencies in the Mosman area, while also updating transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for commercial and community radio broadcasting services. The instrument applies to broadcasting services operating within the Atherton RA1 licence area, affecting both commercial and community radio broadcasters by altering their technical specifications and operational parameters to enhance service coverage and quality. The changes are limited geographically to the Atherton area of Northern Queensland, ensuring targeted improvements where deficiencies have been identified. The instrument does not specify any exclusions, exemptions, or thresholds but rather focuses on the practical application of spectrum and technical adjustments to existing services. The ACMA's action is in line with its mandate to regulate and manage the broadcasting services in Australia, ensuring that the broadcasting services meet the required standards and effectively serve the community.

Key Provisions

The Variation to Licence Area Plan – Atherton Radio – 2018 (No.1) (instrument) primarily focuses on modifying the characteristics and technical specifications of radio broadcasting services in the Atherton area of Northern Queensland (section 4). This includes making radio frequency spectrum available for an FM transmitter for the 4AM commercial radio broadcasting service to address coverage deficiencies in the Mosman area (section 4(b), Schedule 1). Additionally, the instrument updates certain transmitter site nominal locations, Australian Map Grid references for transmitters, and special conditions for both commercial and community radio broadcasting services (section 4(d), Schedule 2). The instrument imposes specific obligations on the relevant parties, primarily broadcasters operating within the Atherton licence area. Broadcasters must comply with the updated technical specifications and any changes to transmitter site locations or conditions as outlined in the instrument. These changes are intended to enhance service coverage and operational efficiency while ensuring that broadcasters adhere to the updated technical guidelines provided in the instrument (section 4). In terms of penalties and consequences, the Broadcasting Services Act 1992 does not explicitly detail penalties for non-compliance with the instrument itself. However, non-compliance with the broader requirements of the Act, such as failing to adhere to technical specifications or licence conditions, could lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Potential consequences may include fines, licence suspension, or revocation. The exact penalties would be determined based on the nature and severity of the breach, as outlined in the general provisions of the Act. The instrument, being a legislative instrument, is subject to disallowance under the Legislation Act 2003. If disallowed, it would cease to have effect, but this does not negate the obligations of broadcasters to comply with the Act’s general provisions. Finally, the instrument has been deemed compatible with human rights, as assessed by the ACMA, ensuring that the changes do not infringe on any recognised or declared rights and freedoms under Australian law.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

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.

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