EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Bathurst 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 determined the Licence Area Plan – Bathurst Radio (F2005B00588) on 15 May 1997 (Bathurst LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Bathurst area of New South Wales by making spectrum available for an FM transmitter for the 2BS AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial, open narrowcasting and community radio broadcasting services. Further details regarding the instrument are set out in Attachment A below.
The ACMA does not intend the variations to alter any existing rights and obligations, except as set out above.
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.
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 Bathurst LAP, the ACMA invited comment on a consultation paper providing the background to the proposal by publishing it on the ACMA website on 10 May 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the relevant licence areas and adjacent radio licence areas inviting comment on the proposal to vary the Bathurst LAP.
The consultation period ended on 8 June 2018 and the ACMA received eight submissions. Seven of these submissions were supportive of the AM to FM conversion. One submission, from a neighbouring radio licensee, was conditionally supportive of the proposed conversion. All submissions were taken into account in the making of the instrument.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-Outs” (available at: https://www.pmc.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 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 Licence Area Plan – Bathurst Radio. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Bathurst 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 – Bathurst Radio – 2018 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Bathurst 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 Bathurst LAP as set out in paragraphs (a) to (h).
Paragraph 4(a)
Paragraph 4(a) omits paragraph (5) on page 3 and substitutes a new paragraph (5).
The new paragraph (5) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Bathurst LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument includes a reference to that legislative instrument as in force from time to time. Paragraph (5) also provides that a reference to any other kind of instrument or writing is a reference to that other kind of instrument or writing as in force or existence at that time the reference was included.
Paragraph 4(b)
Paragraph 4(b) omits all of the text on the relevant page.
Paragraph 4(c) and Schedule 1
Paragraph 4(c) and Schedule 1 remove the current Schedule One in the Bathurst LAP and replace it with a new Schedule One.
Paragraph 4(d) and Schedule 2
Paragraph 4(d) and Schedule 2 remove the current Schedule Two in the Bathurst LAP and replace it with a new Schedule Two.
Paragraph 4(e) and Schedule 3
Paragraph 4(e) and Schedule 3 remove Attachments 1.1–1.12, 2.2, 2.3 and 3.2 in the Bathurst LAP and replace them with new Attachments 1.1–1.12, 2.2, 2.3 and 3.2.
Paragraph 4(f) and Schedule 4
Paragraph 4(f) and Schedule 4 insert a new Attachment 1.2A after Attachment 1.2 and before Attachment 1.3. New Attachment 1.2A contains the technical specifications of a new FM transmitter for the commercial radio broadcasting service under Service Licence No. SL10248 to be available in the Bathurst RA1 licence area.
Paragraph 4(g)
Paragraph 4(g) omits the text “Licence Area ID – 418” from Attachment 2.1.
Paragraph 4(h)
Paragraph 4(h) omits the text “Licence Area ID – 789” from Attachment 3.1.