Variation to Licence Area Plan – Gosford Radio – No. 1 of 2014

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Variation to Licence Area Plan – Gosford Radio – No.1 of 2014

Broadcasting Services Act 1992

In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005 the Australian Communications and Media Authority (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA).

The ACMA has made a variation to the Licence Area Plan – Gosford Radio 2000. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.

The LAP and variations to the LAP

The ACMA prepares Licence Area Plans (LAPs) under subsection 26(1) of the BSA. 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.

The Australian Broadcasting Authority made the Licence Area Plan – Gosford Radio 2000 on 31 August 2000 and varied it on 20 November 2003.

It is referred to in this explanatory statement as “the Gosford LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Gosford area to:

• make available AM frequency 747 kHz with a maximum effective radiated power (ERP) of 500 watts (W) during the day and 200 W at night with an omni-directional antenna pattern available at Gosford for a high powered open narrowcasting broadcasting service;
• update each of the licence area definitions in the Gosford LAP so that they are defined in terms of the Australian Bureau of Statistics (ABS) 2006 census data; and
• delete some material, included for reference only, that does not form part of the LAP and which may create confusion.

The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Gosford area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.

Regulatory Impact Analysis

The ACMA’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the proposed regulation is likely to have no or low impact on business or the economy; and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.

The OBPR has issued an exemption reference number: ID 2012/13632.

Consultation

Before making a decision to vary the Gosford LAP, the ACMA undertook the following consultation:

1. On 18 July 2013, the ACMA published the following papers on its web site:
   1. a draft variation;
   2. an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 15 August 2013; and
   3. a media release announcing the draft variation.
2. On 18 July 2013 the ACMA wrote to the licensees providing radio broadcasting services in the Gosford area and in adjacent radio licence areas to advise them of the release of the draft variation and to invite their comments by 15 August 2013.
3. On 18 July 2013 the ACMA placed an advertisement in the “Central Coast Express Advocate” announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation and invited public comment by 15 August 2013.

Submissions

The ACMA received no submissions on the draft variation.

Description of the provisions of the variation

Clause 1

Clause 1 identifies the power under which the ACMA makes the variation, subsection 26(2) of the BSA.

Clause 2

Clause 2 names the variation the Variation to Licence Area Plan – Gosford Radio – No 1 of 2014.

Clause 3

Clause 3 provides the variation commences the day after it is registered on the Federal Register of Legislative Instruments.

Paragraph 4(a)

Paragraph 4 (a) renames the Gosford LAP as Licence Area Plan – Gosford Radio.

Paragraph 4(b)

Paragraph 4 (b) amends the heading on the title page of the Gosford LAP so that it reads “Licence Area Plan - Gosford Radio”.

Sub-paragraph 4 (c) (i)

Sub-paragraph 4 (c) (i) amends the heading on page two of the Gosford LAP so that it reads “Licence Area Plan – Gosford Radio”.

Sub-paragraph 4(c) (ii)

Sub-paragraph 4 (c) (ii) omits the heading “Determination” from page two of the Gosford LAP.

Sub-paragraph 4 (c) (iii)

Sub-paragraph 4 (c) omits the two paragraphs of the text on page two of the Gosford LAP and substitutes new clauses (1), (2) and (3).

The new clause (1) modifies the existing first paragraph to better reflect that the Gosford LAP is for radio broadcasting services in the Gosford area of New South Wales, and is made under subsection 26(1) of the BSA.

The new clause (2) modifies the existing second paragraph to replace the word “Determination” with the word “plan” and to reflect the addition of the new Attachment 1.12.

The new clause (3) ensures that the Gosford LAP refers to schedules and attachments that have been amended from time to time by the ACMA.  .

Paragraph 4 (d)

Paragraph 4 (d) removes from the Gosford LAP all the text, immediately before Schedule One under the heading “SCHEDULES” and the sub-headings “Status Column” and “Frequency Column” (including the headings and sub-headings themselves). This material was originally included for reference only and is no longer considered relevant or necessary.

Paragraph 4 (e)

Paragraph 4 (e) replaces Schedules One the Gosford LAP. This schedule sets out the details of the national, commercial and community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Gosford RA1 licence area.

In particular, the Schedule provides the technical specification numbers for each transmitter to be used by the services in the licence area, and specify the attachments which contain the technical specification for each of those transmitters.

The changes from the previous Schedule are the removal from the headings of Schedule One the words “- November 2003” and the removal of the ‘Status’ column. This material was originally included for reference only and is no longer considered relevant or necessary.

Paragraph 4 (f)

Paragraph 4(f) omits all text appearing immediately under the heading “DISCLAIMER” in the Gosford LAP (including the heading itself). The material was originally included for reference only is no longer considered relevant or necessary.

Paragraph 4 (g)

Paragraph 4(g) of the variation removes Attachment 1.1 and inserts new Attachment 1.1 to the Gosford LAP in its place.

The new Attachment 1.1 contains the definition of the Gosford RA1 licence area in terms used by the ABS in the 2006, but otherwise remains unchanged to the licence area previously described in the removed Attachment 1.1.

Sub-paragraphs 4(h)(i) and (ii)

Sub-paragraph 4(h)(i) amends Attachments 1.2, 1.3, 1.4, 1.6, 1.7, 1.8, 1.9, 1.10 and 1.11  of the Gosford LAP by omitting the heading “LICENCE AREA PLAN: Gosford – August 2000” and substituting the heading “Licence Area Plan : Gosford Radio”. This will ensure consistency with other recently varied radio LAPs.

Sub-paragraph 4(h)(ii) amends Attachments 1.2, 1.3, 1.4, 1.6, 1.7, 1.8, 1.9, 1.10 and 1.11 of the Gosford LAP by omitting, under “Site Tolerance” the entry “Refer to Technical Planning Guidelines” and substituting “Refer to Broadcasting Services (Technical Planning) Guidelines 2007”.

These modifications have been made for ease of reference only and do not signify a change to the broadcast site for the transmitters.

Paragraph 4(i)

Paragraph 4(i) omits Attachment 1.5.1 of the Gosford LAP and substitutes Attachment 1.5 of the variation.

Paragraph 4(j)

Paragraph 4(j) inserts the new Attachment 1.12 into the Gosford LAP.

The new Attachment 1.12 contains the technical specifications of the new high powered open narrowcasting service to be available at Gosford in the Gosford RA1 licence area.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Variation to Licence Area Plan – Gosford Radio – No.1 of 2014

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Gosford area to:

• make available AM frequency 747 kHz with a maximum effective radiated power (ERP) of 500 watts (W) during the day and 200 W at night with an omni-directional antenna pattern available at Gosford for a high powered open narrowcasting broadcasting service;
• update each of the licence area definitions in the Gosford LAP so that they are defined in terms of the Australian Bureau of Statistics (ABS) 2006 census data; and

• delete some material, included for reference only, that does not form part of the LAP and which may create confusion.

The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Gosford area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.

Human rights implications

This Bill/Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Bill/Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Australian Communications and Media Authority