EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Bega Radio – 2019 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Bega Radio – 2019 (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 made available in particular areas of Australia with the use of the broadcasting services bands.
The former Australian Broadcasting Authority determined the Licence Area Plan – Bega Area (Radio) – July 1999 (F2005B00593) (Bega LAP) on 29 July 1999.
The instrument varies the Bega LAP by inserting seven new attachments into the LAP. It also makes various changes to existing attachments. The attachments are the technical specifications for transmitters that are used to provide broadcasting services in the Bega area. 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).
Documents incorporated by reference
The instrument varies the Bega LAP to incorporate the Broadcasting Services (Technical Planning) Guidelines 2017 and the Licence Area Plan - Goulburn Radio, as in force from time to time.
The Broadcasting Services (Technical Planning) Guidelines 2017 and the Licence Area Plan - Goulburn Radio 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 Bega LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal by publishing it on the ACMA website on 29 March 2019. The ACMA also announced the release of the consultation paper via social media and by direct correspondence to other radio broadcasting licensees in the Bega RA1 and Mallacoota RA1 licence areas and adjacent radio licence areas, peak industry bodies Commercial Radio Australia and Community Broadcasting Association of Australia, and civic bodies including a local council shire library and community associations. State and Federal politicians for the area were also directly informed.
The consultation period ended on 26 April 2019. The ACMA did not receive any submissions in response to the consultation process. The ACMA did receive one social media post from a member of the public which was of a general nature about FM coverage but did not object to the proposals put forward.
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 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 inserts a new technical specification into the Bega LAP for an FM transmitter for the commercial radio broadcasting service (call sign 2EC). The new specification facilitates the conversion of the service from AM to FM transmission. The instrument also amends the technical specification for the service’s AM transmitter to provide for the simultaneous transmission of the service in both AM and FM for a 28-day period. A second technical specification is also inserted for the same service to change the specification for an FM infill transmitter that serves Eden (call sign 2EEE).
The instrument also a adds a licence area description for a new licence area (Merimbula RA1). This relates to a new community radio broadcasting service at Merimbula. A new technical specification is also inserted into the Bega LAP for the FM transmitter for that service.
In addition, the instrument also adds four technical specifications for transmitters for national radio broadcasting services. The first of these specifications replaces an existing specification in relation to a non-operational transmitter for Batemans Bay and Moruya. The second is for the PNN/News Radio service broadcast to Bega and Cooma. The third and four are for the 3GLR local radio service and the Radio National service both broadcast to Cann River.
The instrument also makes a number of minor amendments to the Bega LAP. The amendments include: updates to transmitter site nominal locations and Australian Map Grid references ; changes to output radiation patterns and coordinates and the deletion of redundant information.
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 – Bega Radio – 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Bega Radio – 2019 (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 Amendments
This section varies the Bega LAP as set out in paragraphs 4(a) to 4(zp).
Paragraph 4(a)
Paragraph 4(a) renames the Bega LAP.
Paragraph 4(b)
Paragraph 4(b) omits paragraphs (8) and (9) of the Bega LAP and replaces those paragraphs with new paragraphs (8) and (9). Paragraph 4(b) also inserts new paragraph (10).
Paragraph 4(d)
Paragraph 4(d) repeals Schedules One to Five in the Bega LAP and replaces them with new Schedules Five to Seven.
Paragraph 4(f)
Paragraph 4(f) changes Attachment 1.1.1 to Attachment 1.1. It also removes a heading and makes a minor grammatical change to the attachment.
Paragraph 4(g) and Schedule 2
This paragraph repeals Attachment 1.2 and replaces it with a new Attachment 1.2 The new attachment is a replacement technical specification for the 2PNN national radio broadcasting service transmitter which serves Batemans Bay and Moruya in New South Wales. The changes are to the ‘Nominal location’ and the maximum antenna height and the ‘Output Radiation Pattern’ table. These changes are to align the specification with the specifications for other national radio broadcasting service transmitters in Attachments 1.3, 1.4 and 1.5 serving the same area.
Paragraph 4(h)
Paragraph 4(h) changes Attachments 1.2-1.5, 1.17-1.18, 1.20-1.25, 3.2-3.3, 4.2 and 4.3 to reflect the change of name of the licence area plan.
Paragraph 4(i)
Paragraph 4(i) makes a consequential change to the ‘Site Tolerance’ in several Attachments to reflect the remaking of the Broadcasting Services (Technical Planning) Guidelines 2017. Those Attachments are 1.2-1.18, 1.20-1.27, 2.2, 3.2, 4.2-4.3 and 5.2.
Paragraph 4(j) and Schedule 3
This paragraph makes changes to Attachments 1.2-1.5 which are the technical specifications for national radio broadcasting transmitters serving Batemans Bay and Moruya. The changes are to the ‘Nominal location’ and to the ‘Output Radiation Pattern’ table which is replaced with the new table at Part 1 of Schedule 3 of the instrument.
Paragraph 4(k)
Paragraph 4(k) makes changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachment 1.6. This is to better reflect the correct location and reference. It also adds a special condition about maximum cymomotive force.
Paragraphs 4(l), 4(o) and 4(p)
These paragraphs make changes to the ‘Nominal location’ and ‘Australian Map Grid Reference’ for Attachments 1.7-1.13. This is to better reflect the correct locations and references.
Paragraph 4(m)
Paragraph 4(m) makes a small change to Attachment 1.8 by changing a coordinate in the ‘Output Radiation Pattern’ table.
Paragraph 4(n) and Schedule 2
This paragraph inserts a new technical specification at Attachment 1.9A. The technical specification is for a transmitter for a national radio broadcasting service (PNN/News Radio) to serve Bega and Cooma.
Paragraph 4(q)
Paragraph 4(q) makes two changes to Attachment 1.13. The attachment is a technical specification for a non-operational FM transmitter for a national radio broadcasting service to serve Genoa in Victoria. The first change is to the technical specification number. The second change is to the operating frequency of the transmitter. This change is necessary as part of the 2XL commercial radio broadcasting service AM-FM conversion which is made by the Variation to Licence Area Plan – Cooma Radio – 2019 (No. 1).
Paragraph 4(r)
This paragraph makes changes to Attachments 1.14 and 1.15, being changes to the ‘Australian Map Grid’ references for greater accuracy.
Paragraphs 4(s) and 4(t)
These two paragraphs relate to the AM-FM conversion by the commercial radio broadcasting service 2EC. Paragraph 4(s) makes changes to the technical specification of the service’s AM transmitter. The paragraph changes the header to reflect the change of name of the licence area plan and changes the attachment number from 1.6.1 to 1.6. Changes are also made to the ‘Nominal location’ and ‘Australian Map Grid Reference’ in the specification. The paragraph also inserts a special condition about maximum cymomotive force and adds an advisory note about the cessation of the specification once FM transmission commences under the technical specification in Attachment 1.16A.
Paragraph 4(t) inserts the new Attachment 1.16A into the Bega LAP. This is the technical specification for the FM transmitter to serve Bega which enables the broadcaster to convert from AM to FM transmission.
The 2EC conversion is also facilitated by a change to the 2BRW community broadcasting radio service which is planned in the Braidwood RA1 licence area in the Licence Area Plan – Goulburn Radio. Changes made to the Goulburn LAP by the Variation to Licence Area Plan – Goulburn Radio – 2019 (No. 1) enable the 2BRW transmitter to transition from one operating frequency to another as a precursor to the 2EC conversion.
Paragraphs 4(u) and 4(v)
These paragraphs make changes to Attachments 1.17 and 1.18. These attachments are the technical specifications for the 2EC commercial radio broadcasting service for transmitters which serve Batemans Bay/Moruya and Eden respectively. For each attachment, changes are made to the ‘Nominal location’ and Attachment 1.18 the ‘Australian Map Grid Reference’ is also amended. In each case, the ‘Output Radiation Pattern’ table is replaced with the table in Parts 2 and 3 of Schedule 3 to the instrument, respectively.
Paragraphs 4(w)
Paragraph 4(w) repeals Attachment 1.19. The attachment is the technical specification for 2EC’s AM infill transmitter at Narooma. The attachment is no longer needed as result of the AM-FM conversion of the 2EC service.
Paragraphs 4(x) and 4(y)
These paragraphs make changes to the technical specifications at Attachments 1.20 and 1.21 for the 2EEE commercial radio broadcasting service. In each case, there is a change to the ‘Nominal location’ and the ‘Output Radiation Pattern’ table is replaced with a table in Schedule 3 to the instrument.
Paragraph 4(z)
This paragraph adds a new Attachment 1.21A which is a technical specification for an FM infill transmitter for the commercial radio broadcasting service (callsign 2EEE) to serve Eden.
Paragraphs 4(za), 4(zc) and 4(zd)
These paragraphs make changes to Attachments 1.22, 1.24 and 1.25 which are the technical specifications for transmitters for three separate open narrowcasting radio services. The first service serves Batemans Bay, the second serves Moruya and the third serves Narooma. The paragraphs make changes to the ‘Nominal location’ in each attachment. They also replace the two special conditions on each attachment with advisory notes of similar wording. The first advisory note is about protection from interference and provides guidance as to how the service was planned. The second advisory note is about the coverage area of the transmission.
Paragraph 4(zb)
This paragraph makes changes to Attachment 1.23, which is the technical specification for an open narrowcasting radio service transmitter serving Eden. The paragraph changes the ‘Nominal location’ in the attachment and replaces the special condition with an advisory note of similar wording regarding the coverage area of the transmission.
Paragraph 4(ze)
Paragraph 4(ze) changes Attachments 1.26 and 1.27 which are the technical specifications for two FM transmitters for national radio broadcasting services that transmit to Batemans Bay and Moruya. The changes are to the heading in each attachment to reflect the change of name of the licence area plan. In each case, the ‘Nominal location’ and ‘Polarisation’ are also changed. In addition, the ‘Output Radiation Pattern’ table is removed and replaced with one in Part 6 of Schedule 3 to the instrument. Redundant special conditions about the protection of analog television transmission are also removed.
Paragraph 4(zf)
This paragraph makes a small wording change to the reference to the service licence number in Attachment 2.1. That attachment is the description for the Bega RA2 licence area.
Paragraph 4(zg)
This paragraph makes a small change to Attachment 2.2, which is the technical specification for the community radio broadcasting service transmitter serving Bega. The paragraph changes the name of the licence are plan. It also changes the ‘Nominal location’ in the specification.
Paragraphs 4(zh) and 4(zk)
These paragraphs make numbering changes and heading changes to Attachments 3.1.1 and 4.1.1.
Paragraph 4(zi)
Paragraph 4(zi) makes changes to the Australian Map Grid coordinates in Attachment 3.2. It also changes the specified polarisation of the transmitter.
Paragraph 4(zj)
This paragraph changes Attachment 3.3 which is the technical specification for the 3MGB community radio broadcasting service that serves Genoa in Victoria. The changes are to the ‘Nominal location’ and ‘Australian Map Grid Reference’, and the permitted maximum antenna height of the transmitter.
Paragraph 4(zl)
This paragraph relates to the 2EAR community radio broadcasting service planned in the Moruya RA1 community licence area. The paragraph makes a change to the ‘Nominal location’ of the transmitter at Attachment 4.2.
Paragraph 4(zm)
This paragraph makes changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachment 4.3. It also replaces the ‘Output Radiation Pattern’ table in the specification with a table in Part 7 of Schedule 3 to the instrument.
Paragraph 4(zn)
Paragraph 4(zn) makes a small wording change to the heading in Attachment 5.1.
Paragraph 4(zo)
This paragraph makes changes to Attachment 5.1 which is the technical specification for the 2SEA community radio broadcasting service . The changes are to the name of the licence area, the ‘Nominal location’ and the ‘Australian Map Grid’.