EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan –Coffs Harbour Radio – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Coffs Harbour 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 – Coffs Harbour (Radio) – October 1998 on 8 October 1998 (F2005B00592) (Coffs Harbour LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Coffs Harbour area in New South Wales by varying the specifications for an existing FM infill transmitter for the 2HC commercial radio broadcasting service, to address coverage deficiencies in that area.
In addition, the instrument renames the Coffs Harbour LAP; updates some transmitter site nominal locations and Australian Map Grid references; inserts or removes special conditions or replaces special conditions with advisory notes where necessary; and includes a provision to state how instruments and other writing are incorporated into the Coffs Harbour LAP.
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 does not vary the Coffs Harbour LAP to incorporate any new instruments or other writing by reference. It does, however, vary the Coffs Harbour LAP to include a provision that expressly states the manner in which instruments and other writing is incorporated. For example, this provision makes it clear that the Coffs Harbour 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 Coffs Harbour LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal by publishing it on the ACMA website on 25 July 2018. The ACMA also announced the release of the consultation paper via social media and by direct correspondence to other radio broadcasting licensees in the Coffs Harbour licence area and adjacent radio licence areas, peak industry bodies including Commercial Radio Australia, Community Broadcasting Association of Australia and the Australian Narrowcast Radio Association, and civic bodies including local councils and shire libraries.
The consultation period ended on 27 August 2018. The ACMA did not receive any submissions regarding the proposals made in regard to the variation to the Coffs Harbour LAP. The ACMA received two comments from the social media posts of a general nature that acknowledged the proposed changes. There were no objections made to the proposals.
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 varies the Licence Area Plan – Coffs Harbour (Radio) – October 1998. The instrument varies the technical specifications for an existing FM infill transmitter for the 2HC commercial radio broadcasting service in the Coffs Harbour RA1 licence area, to increase the range of transmissions from the transmitter. It also makes some minor changes to technical specifications of other radio broadcasting services in the Coffs Harbour RA1 and other nearby 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 – Coffs Harbour Radio – 2018 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Coffs Harbour 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.
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 Coffs Harbour LAP as set out in paragraphs 4(a) to 4(j).
Paragraph 4(a) renames the Coffs Harbour LAP as the “Licence Area Plan – Coffs Harbour Radio”.
Paragraph 4(b) amends the heading on the title page of the Coffs Harbour LAP to read “Licence Area Plan – Coffs Harbour Radio”.
Paragraphs 4(c) and (d) makes some minor wording changes to the Coffs Harbour LAP, and paragraph 4(c) includes a new paragraph (6). The new paragraph (6) expressly provides that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Coffs Harbour 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. New paragraph (6) 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(e) varies the technical specifications in Attachment 1.6 of the instrument, to update the nominal site location and Australian Map Grid references for the transmitter specified in the Attachment, to make minor changes to the Output Radiation Pattern for the transmitter, and to include a new special condition for the transmitter. The transmitter specified in the Attachment is one for the commercial radio broadcasting service under SL 1759, at Coffs Harbour in the Coffs Harbour RA1 licence area.
Paragraph 4(f) varies the technical specifications in Attachment 1.9, to replace a special condition with an advisory note. The transmitter specified in the Attachment is for an open narrowcasting broadcasting service, at Coffs Harbour in the Coffs Harbour RA1 licence area.
Paragraph 4(g) varies the technical specifications in Attachment 1.10, to omit a special condition. The transmitter specified in the Attachment is for a national broadcasting service, at Grafton/Kempsey in the Coffs Harbour RA1 licence area.
Paragraph 4(h) varies the technical specifications in Attachment 1.11. This Attachment contains the technical specifications for an infill transmitter for the commercial radio broadcasting service operated under SL1759, at Woolgoolga in the Coffs Harbour RA1 licence area. The nominal site location and Australian Map Grid references for the transmitter are varied, as is the permitted Output Radiation Pattern. A special condition is also removed from the technical specifications, and an advisory note is inserted.
Paragraph 4(i) varies the technical specifications in Attachment 3.3, to update the Australian Map Grid references for the transmitter for the community radio broadcasting service operated under SL 3041, at Dorrigo in the Bellingen RA1 licence area.
Paragraph 4(j) varies the technical specifications in Attachment 4.2, to omit the ‘Special Condition’ and insert an advisory note. The Attachment specifies the transmitter for the community radio broadcasting service operated under SL 1130116, at Coffs Harbour in the Coffs Harbour RA3 licence area.