EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Burnie Radio – December 2001 – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Burnie Radio – December 2001 – 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 (ABA) determined the Licence Area Plan – Burnie Radio – December 2001 (F2005B00969) on 13 December 2001 (Burnie LAP). The ABA later amended the Burnie LAP on 1 April 2004.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Burnie area of Tasmania by making spectrum available for an FM transmitter for the 7BU AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM. The instrument also makes spectrum available for an FM transmitter for a national radio broadcasting service in the King Island area of Tasmania.
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, and includes a provision to state how instruments and other writing are incorporated into the Burnie LAP.
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 Burnie 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: 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 Burnie LAP, the ACMA invited comment on a consultation paper which dealt with the Burnie LAP proposal and proposals for changes in radio in other areas of Tasmania, namely Devonport, Queenstown, Scottsdale, Hobart and Launceston. The consultation paper provided the background to the proposal and was published on the ACMA website on 5 June 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees and national broadcasting services in overlapping and adjacent radio licence areas inviting comment on the proposal to vary the Burnie LAP.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Burnie proposal and it was supportive of the proposal.
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 – Burnie Radio – December 2001. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Burnie 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 – Burnie Radio –
December 2001 – 2018 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Burnie Radio – December 2001 – 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.
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 Burnie LAP as set out in paragraphs (a) to (zc).
Paragraph 4(a) renames the Burnie LAP as the Licence Area Plan – Burnie Radio.
Paragraph 4(b) removes the words “– DECEMBER 2001” and “DETERMINATION” from the heading of page 2 of the Burnie LAP.
Paragraph 4(c) numbers the paragraphs on page 2 of the Burnie LAP; it then omits paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Burnie LAP is a plan for radio broadcasting services in the Burnie area of Tasmania and is made under subsection 26(1) of the Act. Paragraph 4(c) also varies paragraph (2) of the Burnie LAP to refer to an additional national radio broadcasting service in the Burnie RA1 licence area.
It also inserts new paragraphs (4) and (5) of the Burnie LAP. The new paragraph (4) states that a national radio broadcasting service is to be available at King Island. 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 Burnie LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument is 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(c) also removes the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the Burnie LAP.
Paragraph 4(d) omits a series of notes from the Burnie LAP.
Paragraph 4(e) removes Schedule One to the Burnie LAP and replaces it with a new Schedule One (contained in Schedule 1, Part 1 to the instrument).
Paragraph 4(f) removes the words “- December 2001” from the heading of Schedule Two to the Burnie LAP and also omits the column headed “Status” from the table in Schedule Two.
Paragraph 4(g) inserts a new Schedule Three after Schedule Two to the Burnie LAP (contained in Schedule 1, Part 2 to the instrument). The new Schedule Three provides for a national radio broadcasting service at King Island and refers to Attachment 3.1 of the Burnie LAP, which sets out the technical specifications for the transmitter for that service.
Paragraph 4(h) removes Attachments 1.1 and 1.1.1 of the Burnie LAP, and inserts a new Attachment 1.1 (contained in Schedule 2, Part 1 to the instrument).
Paragraphs 4(i) and 4(j) omit the Special Conditions in Attachments 1.2 and 1.3 of the Burnie LAP.
Paragraph 4(k) inserts a new Attachment 1.3A after Attachment 1.3 of the Burnie LAP (contained in Schedule 2, Part 2 to the instrument). New Attachment 1.3A contains the technical specifications of a new transmitter for a national radio broadcasting service, serving the Burnie area.
Paragraph 4(l) amends Attachment 1.4 to change the frequency on which the relevant transmitter can operate from 99.3 MHz to 92.9 MHz. It also omits the Special Condition in Attachment 1.4.
Paragraph 4(m) amends Attachment 1.5 to change the frequency on which the relevant transmitter can operate from 100.1 MHz to 93.7 MHz. It also omits the Special Condition in Attachment 1.5.
Paragraph 4(n) replaces the Nominal Location in Attachments 1.2, 1.3, 1.4, 1.5 and 1.6 of the Burnie LAP so that each reads “Telstra and NTA Site ROUND HILL”.
Paragraph 4(o) replaces the Nominal Location in Attachments 1.7, 1.8 and 2.3 of the Burnie LAP so that each reads “Broadcast Australia Site Alcomie Road WILLIS HILL”.
Paragraph 4(p) replaces the Nominal Location in Attachment 1.9 of the Burnie LAP so that it reads “Broadcast Site off Tollymore Rd 3km N of WYNYARD”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.9. Paragraph 4(p) also inserts a Special Condition into Attachment 1.9. Paragraph 4(p) also limits the operation of the technical specifications set out in Attachment 1.9. The technical specifications in Attachment 1.9 will cease to be available for transmission of a broadcasting service under broadcasting service licence SL4219 twenty-eight days after transmission of that broadcasting service commences from a different transmitter planned for that service, in Attachment 1.10.
Paragraph 4(q) replaces Attachment 1.10 of the Burnie LAP (contained in Schedule 2, Part 3 to the instrument). New Attachment 1.10 contains the technical specifications of a new transmitter for a commercial radio broadcasting service, provided under broadcasting service licence SL4219, to be available in the Burnie RA1 licence area.
Paragraph 4(r) removes Attachment 1.10.1 from the Burnie LAP.
Paragraph 4(s) replaces Attachment 1.11 of the Burnie LAP (contained in Schedule 2, Part 4 to the instrument). New Attachment 1.11 contains the technical specifications of a new transmitter for a commercial radio broadcasting service, provided under broadcasting service licence SL4219, to be available in the Burnie RA1 licence area.
Paragraph 4(t) replaces the Nominal Location in Attachment 1.12, so that it reads “Broadcast Site Tier Hill Massey St SMITHTON”. It also amends the Northing coordinate of the Australian Map Grid Reference in Attachment 1.12 and omits the Special Condition and replaces it with an Advisory Note. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.
Paragraph 4(u) inserts new Attachments 1.13, 1.14, 1.15, 1.16, 1.17 and 1.18 after the current Attachment 1.12 of the Burnie LAP (contained in Schedule 2, Part 5 to the instrument). These attachments contain the technical specifications of new transmitters for five commercial radio broadcasting services, provided under broadcasting service licences SL4219 (Attachment 1.13) and SL1150793 (Attachments 1.14 to 1.17), and a new transmitter for one open narrowcasting radio service (Attachment 1.18), in the Burnie RA1 licence area.
Paragraph 4(v) replaces Attachment 2.1 of the Burnie LAP (contained in Schedule 2, Part 6 to the instrument). New Attachment 2.1 defines the Wynyard RA1 licence area.
Paragraph 4(w) removes Attachment 2.1.1 of the Burnie LAP.
Paragraph 4(x) replaces the Nominal Location in Attachment 2.2 of the Burnie LAP so that it reads “Broadcast Site Kelcey Tier 9 Wrendswood Drive QUOIBA”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 2.2.
Paragraph 4(y) replaces the Nominal Location text in Attachment 2.4 of the Burnie LAP so it reads “Broadcast/Comms Site TABLE CAPE”.
Paragraph 4(z) inserts new Attachment 3.1 after the current Attachment 2.4 of the Burnie LAP (contained in Schedule 2, Part 7 to the instrument). New Attachment 3.1 contains the technical specifications of a new transmitter for a national radio broadcasting service, serving the King Island area, to be available in the Burnie RA1 licence area.
Paragraphs 4(za), 4(zb) and 4(zc) make some minor amendments to the text of various Attachments, to make the text consistent across the Attachments and with other licence area plans.