EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Bundaberg Radio 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Bundaberg 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 available in particular areas of Australia with the use of the broadcasting services bands.
The Australian Broadcasting Authority determined the Licence Area Plan – Bundaberg (Radio) – February 1998 (F2005B00743) (Bundaberg LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Bundaberg area of Queensland. It amends the technical specifications for the 4RGB and 4RUM FM commercial radio broadcasting services, the 4BCR community broadcast service and the UBET Qld Limited (TAB Queensland) open narrowcasting transmitter service, to reflect the actual operating conditions of these services.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial, and community radio broadcasting services, and includes a provision to state how instruments and other writing are incorporated into the Bundaberg LAP. Further details of 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 varies the Bundaberg 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 free of charge 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 Bundaberg LAP, the ACMA invited comment on a consultation paper which explained the proposed variations to the Bundaberg LAP, along with proposed variations to other licence area plans for other areas of Queensland, namely Kingaroy, Emerald and Toowoomba/Warwick. The consultation paper provided the background to the proposals and was published on the ACMA website on 13 June 2019. The ACMA invited comment on the proposals from the national broadcasters, and broadcasting licensees in the licence area and in overlapping and adjacent radio licence areas. Comment was also sought from state MPs and local government.
On 26 June 2019, an amended consultation paper was published to include updated technical specifications and to include other minor amendments to the Bundaberg LAP.
The consultation period ended on 19 July 2019 and the ACMA received one submission in relation to the Bundaberg LAP proposals. The submission sought clarification about the proposed changes to the technical specifications and the impact of the proposed changes on services operating in an adjacent licence area. The proposed changes are not expected to impact upon the services in the adjacent licence area as they reflect the current operating conditions. The submission also put forward an alternative proposal which was assessed as providing less optimal coverage for areas under the Bundaberg LAP.
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 – Bundaberg (Radio) – February 1998. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Bundaberg RA1 and RA2 licence areas.
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 – Bundaberg Radio 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan - Bundaberg 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 Variation
This section varies the Bundaberg LAP as set out in paragraphs (a) to (n).
Paragraph 4(a) renames the Bundaberg LAP as the “Licence Area Plan – Bundaberg Radio”. Paragraph 4(b) inserts a new clause (4) into the Bundaberg LAP. The new clause (4) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Bundaberg 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. Clause (4) 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(c) amends Attachment 1.1 by amending the headings and re-ordering the items in the Note by placing them into alphabetical order.
Paragraph 4(d) amends Attachments 1.2, 1.3. 1.4 and 1.5 to replace the Nominal Location text so that it reads “BA Site Mt Goonaneman WOOWOONGA”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(e) inserts a new Attachment 1.6 (contained in Schedule 1 to the instrument), updating the Nominal Location, Nominal Co-ordinates, Emissions, Output Radiation Pattern and the Special Condition that apply to the service.
Paragraph 4(f) amends Attachments 1.7, 1.8 and 1.9 to replace the Nominal Location text so that it reads “Broadcast Site Sloping Hummock 11 Bowden St QUNABA”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Output Radiation Pattern table. These Attachments respectively give effect to the planned characteristics of the 4RGB FM commercial radio broadcasting service, the 4RUM FM commercial radio broadcasting services and the 4BCR community broadcast service.
Paragraph 4(g) inserts a new Attachment 1.10 (contained in Schedule 2 to the instrument). This Attachment gives effect to the planned characteristics of the UBET Qld Limited (TAB Queensland) open narrowcasting transmitter service.
Paragraph 4(h) amends Attachment 1.11 to replace the Nominal Location text so that it reads “Nominal Planning Site BUNDABERG”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Special Condition with an Advisory Note.
Paragraph 4(i) amends Attachment 1.12 to replace the Nominal Location text so that it reads “BA Site Mt Goonaneman WOOWOONGA”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(j) amends Attachment 2.1 by updating the headings and reordering the items in the Note by placing them into alphabetical order.
Paragraph 4(k) amends Attachment 2.2 to replace the Nominal Location text so that it reads “Council Tower adjacent Water Reservoir Sloping Hummock Heathwood Crescent QUNABA”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraphs 4(l), (m) and (n) make some minor typographical amendments to various Attachments.