EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Devonport Radio – December 2001 – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Devonport 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 determined the Licence Area Plan – Devonport Radio – December 2001 (F2005B00968) on 13 December 2001 (Devonport LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Devonport area of Tasmania by making spectrum available for an FM transmitter for the 7AD 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 Devonport East area of Tasmania, and for an infill transmitter for the 7DDD commercial radio broadcasting service in Barrington Valley.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial and open narrowcasting radio broadcasting services, and includes a provision to state how instruments and other writing are incorporated into the Devonport 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 Devonport 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 Devonport LAP, the ACMA invited comment on a consultation paper which dealt with the Devonport LAP proposal and proposals for changes in radio in other areas of Tasmania, namely Burnie, 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 radio broadcasting services in overlapping and adjacent radio licence areas inviting comment on the proposal to vary the Devonport LAP.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Devonport proposal and it was supportive of the Devonport proposal. The submission also made a suggestion for an additional infill transmitter for the 7DDD commercial radio broadcasting service in Devonport in Barrington Valley. This suggestion was supported by the relevant broadcasting licensee and a targeted consultation for the Barrington Valley infill transmitter was published on the ACMA website on 20 September 2018. The consultation period ended on 4 October 2018 and the ACMA received no submissions.
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 to be prepared in respect of that legislative instrument.
The statement of compatibility with human rights set out below has been prepared to meet that requirement.
Overview of the instrument
The instrument varies the Licence Area Plan – Devonport Radio – December 2001. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Devonport 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 – Devonport 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 – Devonport 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 Devonport LAP as set out in paragraphs 4(a) to 4(o).
Paragraph 4(a) renames the Devonport LAP as the Licence Area Plan – Devonport Radio.
Paragraph 4(b) removes the words “– DECEMBER 2001” and “DETERMINATION” from the heading of the Devonport LAP.
Paragraph 4(c) numbers the paragraphs on page 2 of the Devonport LAP. It then omits paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Devonport LAP is a plan for radio broadcasting services in the Devonport area of Tasmania and is made under subsection 26(1) of the Act. Paragraph 4(c) also varies paragraph (2) of the Devonport LAP to refer to an additional national radio broadcasting service in the Devonport RA1 licence area. It also inserts a new paragraph (3), which ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Devonport 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 (3) 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 Devonport LAP.
Paragraph 4(d) omits a series of notes from the Devonport LAP.
Paragraph 4(e) removes the words “- December 2001” from the heading of Schedule One to the Devonport LAP and omits the column headed “Status” from the table in Schedule One. It also inserts a row into the table in Schedule One, after the row referring to Attachment 1.2. The new row refers to a national radio broadcasting service and provides that the details for its technical specifications are at Attachment 1.2A of the Devonport LAP.
Paragraph 4(e) also omits the row in the table in Schedule One referring to Attachment 1.3 and replaces it with three rows. These three rows plan transmitters for a commercial radio broadcasting service, provided under broadcasting service licence SL4218, and provide that the details for the technical specifications are at Attachments 1.3 (which is largely unchanged, but see below), 1.3A and 1.3B (both of which are new) of the Devonport LAP. It also omits the row in the table in Schedule One referring to Attachment 1.4 and replaces it with two rows. These two rows plan transmitters for a commercial radio broadcasting service, provided under broadcasting service licence SL10353, and provide that the details for the technical specifications are at Attachments 1.4 (which is largely unchanged), and 1.4A (which is new) of the Devonport LAP.
Paragraph 4(f) amends the heading of Attachment 1.1 of the Devonport LAP.
Paragraph 4(g) amends the Nominal Location in Attachment 1.2 of the Devonport 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 1.2, and changes the maximum antenna height from 32 m to 50 m. Paragraph 4(g) also removes the current Output Radiation Pattern table in Attachment 1.2 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 1 to the instrument). The new Output Radiation Pattern has an increased maximum ERP of 1.2 kW.
Paragraph 4(h) inserts a new Attachment 1.2A after Attachment 1.2 of the Devonport LAP (contained in Schedule 2, Part 1 to the instrument). New Attachment 1.2A contains the technical specifications of a new transmitter for a national radio broadcasting service, serving the Devonport East area in the Devonport RA1 licence area.
Paragraph 4(i) amends the Nominal Location in Attachment 1.3 of the Devonport LAP so that it reads “Broadcast Site off Bass Hwy 4.5km WNW of DEVONPORT”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.3 and inserts a Special Condition at the end of the Attachment. Paragraph 4(i) also limits the operation of the technical specifications set out in Attachment 1.3. The technical specifications in Attachment 1.3 will cease to be available for transmission of a broadcasting service under broadcasting service licence SL4218 twenty-eight days after transmission of that broadcasting services commences from a different transmitter planned for that service, in Attachment 1.3A.
Paragraph 4(j) inserts new Attachments 1.3A and 1.3B after Attachment 1.3 of the Devonport LAP (contained in Schedule 2, Part 2 to the instrument). New Attachments 1.3A and 1.3B contain the technical specifications of new transmitters for a commercial radio broadcasting service, provided under broadcasting service licence SL4218, to be available in the Devonport RA1 licence area.
Paragraph 4(k) replaces the Nominal Location text in Attachments 1.4 of the Devonport LAP, so that it reads “7AD Transmitter Site Don Hill DEVONPORT”; and it replaces the Output Radiation Pattern table with a new table (contained in Schedule 1, Part 2 of the instrument). The antenna is directional, and the Output Radiation Pattern has been changed to increase the maximum ERP in several directions.
Paragraph 4(l) inserts new Attachment 1.4A after Attachment 1.4 of the Devonport LAP (contained in Schedule 2, Part 3 to the instrument). New Attachment 1.4A contains the technical specifications of a new transmitter for a commercial radio broadcasting service, provided under broadcasting service licence SL10353, to be available in the Devonport RA1 licence area.
Paragraph 4(m) replaces the Nominal Location text in Attachment 1.5, so that it reads “7AD Transmitter Site Don Hill DEVONPORT”, and it omits the Special Condition in Attachment 1.5 and replaces it with an Advisory Note. The Advisory Note provides that the coverage area of the transmission is defined as the area within a radius of 15 km measured from a point specified, which is the same as the nominal transmitter site.
Paragraphs 4(n) and (o) make some minor amendments to the text of various Attachments, to make the text consistent across the Attachments and with other licence area plans.