EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Cooma Radio – 2019 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Cooma 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 – Cooma Area (Radio) – July 1999 (F2005B00593) (Cooma LAP) on 29 July 1999.
The instrument varies the Cooma LAP by inserting three new attachments into the LAP. It also makes changes to existing attachments, some of which are of a minor nature. The attachments are the technical specifications for transmitters that are used to provide broadcasting services in the Cooma 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).
Document incorporated by reference
The instrument varies the Cooma 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 Cooma 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 Cooma RA1 and Cooma RA2 licence areas and adjacent radio licence areas, peak industry bodies Commercial Radio Australia and Community Broadcasting Association of Australia, and civic bodies 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 Cooma LAP for an FM transmitter for the commercial radio broadcasting service (call sign 2XL). 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 Jindabyne. In addition, the instrument also adds a new technical specification for an operating national radio broadcasting service (2BA) at Bombala.
The instrument also makes a number of other minor amendments to the Cooma LAP. The amendments include: updates to transmitter site nominal locations and Australian Map Grid references and changes to output radiation patterns and coordinates and antenna heights. Redundant information has been deleted including a technical specification which is no longer needed. In addition, changes have been made to special conditions and advisory notes.
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 – Cooma Radio – 2019 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Cooma 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 Cooma LAP as set out in paragraphs 4(a) to 4(zl).
Paragraph 4(a)
Paragraph 4(a) renames the Cooma LAP.
Paragraph 4(b)
Paragraph 4(b) amends paragraph (2) of the Cooma LAP. Paragraph 4(b) also omits paragraph (6) of the Cooma LAP and replaces it with a new paragraph (6).
Paragraph 4(c) and Schedule 1
This paragraph repeals and replaces Schedule One and Schedule Two to the Cooma LAP.
Paragraphs 4(d) and 4(zh)
Paragraphs 4(d) and 4(zh) make changes to Attachment 1.1 and Attachment 2.1 by removing licence area identification numbers and correcting minor grammatical errors.
Paragraph 4(e)
Paragraph 4(e) makes changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachment 1.2. It also makes a change to the ‘Output Radiation Pattern’ table and adds a special condition to the attachment about maximum cymomotive force.
Paragraphs 4(f) and 4(fa)
Paragraphs 4(f) and 4(fa) make changes to Attachments 1.3, 1.4 and 1.5 which are the technical specifications for three FM transmitters which serve Cooma. The changes are to the ‘General Area Served’ to better reflect the area served. In each Attachment a special condition is replaced with an advisory note of the same wording. The advisory note is about protection from interference and provides guidance as to how the service was planned.
Paragraph 4(g)
Paragraph 4(g) makes changes to Attachments 1.6 and 1.7 by changing the maximum antenna height. It also adds to each attachment the same advisory note as referred to in paragraph 4(f).
Paragraphs 4(h), 4(p) and 4(w)
Paragraphs 4(h), 4(p) and 4(w) make changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachments 1.8, 1.9, 1.14 and 1.22 respectively. They also add to each attachment the same advisory note about protection from interference and provide guidance as to how the service was planned.
Paragraph 4(i) and Schedule 2
Paragraph 4(i) and Schedule 2 inserts a new technical specification into the Comma LAP for a national radio broadcasting service transmitter that serves Bombala in NSW.
Paragraph 4(j)
Paragraph 4(j) makes changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachment 1.10. It also adds a special condition to the attachment about maximum cymomotive force. It also adds wording to the attachment which limits the operation of the transmitter for a finite period.
Paragraphs 4(k), 4(n) and 4(o) and Schedule 2
Paragraphs 4(k), 4(n) and 4(o) relate to the AM-FM conversion of the 2XL commercial radio broadcasting service.
Paragraph 4(k) inserts new Attachment 1.10A into the Cooma LAP. This is the technical specification for the FM transmitter to serve Cooma. This attachment enables the broadcaster to transition from providing its service in AM under the technical specification in Attachment 1.10 to providing the service in FM under the technical specification in Attachment 1.10A.
Paragraph 4(n) makes changes to Attachment 1.13. This attachment is the technical specification for the service’s FM transmitter which serves Jindabyne. The paragraph makes changes to the maximum antenna height and to the ‘Output Radiation Pattern’ table to align with the specifications in new Attachment 1.13A.
Paragraph 4(o) inserts new Attachment 1.13A into the Cooma LAP. The attachment is for an FM transmitter for the service to serve Jindabyne. The attachment enables the broadcaster to transition from the operating frequency specified in Attachment 1.13 to that specified in Attachment 1.13A. This transition is necessary to avoid interference issues upon commencement of transmission under Attachment 1.10A.
Paragraphs 4(l), 4(q), 4(s), 4(t), 4(x), 4(z) and 4(zk)
These paragraphs make changes to the ‘Nominal location’ and ‘Australian Map Grid Reference’ for each of the following attachments to the Cooma LAP: 1.11, 1.15, 1.17, 1.19, 1.23, 1.25 and 2.5.
Paragraphs 4(m) and 4(u)
Paragraphs 4(m) and 4(u) makes changes to Attachments 1.12 and 1.20. The changes are to the name of the ‘General Area Served’, the ‘Nominal location’ and ‘Australian Map Grid Reference’ coordinates. In addition, the same special condition on each of the attachments is replaced with an advisory note of the same wording. The advisory note is about protection from interference and provides guidance as to how the service was planned.
Paragraphs 4(r) and 4(y)
Paragraphs 4(r) and 4(y) make changes to the ‘Nominal location’ and ‘Australia Map Grid Reference’ in Attachment 1.16 and 1.24. They also replace the special condition in each attachment with an advisory note of the same wording. The advisory note is about protection from interference and provides guidance as to how the service was planned.
Paragraph 4(v)
This paragraph changes the maximum antenna height specified in Attachment 1.21. The change aligns the height with that of other services at the same location.
Paragraph 4(za)
Paragraph 4(za) repeals Attachment 1.26. The attachment is a technical specification for an open narrowcasting service that is no longer needed.
Paragraph 4(zb)
Paragraph 4(zb) renumbers Attachment 1.26.1 as Attachment 1.26 and makes a change to the ‘Nominal location’ of the transmitter. It also removes the two special conditions on the attachment and inserts the same advisory note as referred to in paragraphs 4(r) and 4(y).
Paragraphs 4(zc), 4(zd), 4(ze)
These paragraphs make changes to Attachments 1.27, 1.28 and 1.29 respectively. In each case, the special conditions included in the attachments are changed to advisory notes about the coverage area of the transmission. In addition, the same advisory note about protection from interference referred to in paragraphs 4(r) and 4(y) is also included in Attachment 1.28.
Paragraph 4(zf)
Paragraph 4(zf) makes a change to the ‘Nominal location’ of the transmitter in Attachment 1.30. It also replaces the special condition on the attachment with an advisory note of similar wording about the coverage area of the transmission.
Paragraph 4(zg)
Paragraph 4(zg) makes changes to Attachments 1.31 and Attachment 1.32. In both cases, the special condition is replaced with the same advisory note about protection from interference referred to in other paragraphs.
Paragraphs 4(zi) and (zj)
The paragraphs make changes to Attachments 2.3 and 2.4 respectively. The attachments are the technical specifications for two FM transmitters for the community radio broadcasting service, 2MNO. The transmitters serve Cooma and Jindabyne respectively.
Paragraph 4(zi) changes the ‘General Area Served’ in Attachment 2.3 to better reflect the area served and makes a change to the ‘Output Radiation Pattern’ table to permit operation at a higher power.
Paragraph 4(zj) also makes a change to the ‘General Area Served’ in Attachment 2.4 to better reflect the area served.
Each paragraph also removes the special condition in the attachment and replaces it with the advisory note about protection from interference.
Paragraph 4(zl)
Paragraph 4(zl) makes typographical changes to Attachments 1.2-1.30 and 2.2-2.5.