EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Hamilton 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 (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA).
The ACMA has made a variation to the Licence Area Plan – Hamilton Radio – December 2001. 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 – Hamilton Radio – December 2001 on 13 December 2001 and varied it on 14 August 2003.
It is referred to in this explanatory statement as “the Hamilton LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Hamilton area to:
- make an additional FM in-fill transmitter available at Portland, Victoria, for the Hamilton AM commercial radio broadcasting service currently provided by the licensee ACE Radio Pty Ltd (981 3HA);
- update the description of the licence area definitions in the Hamilton LAP from 2001 to 2006 Australian Bureau of Statistics (ABS) 2006 census data; and
- make minor amendments in the Hamilton LAP to update the title, schedules and attachments, including correcting previous drafting anomalies in the LAP technical specifications.
The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Hamilton area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) has determined that the proposed regulatory change is minor or machinery in nature and has advised that no regulatory impact statement is required. The OBPR has issued an exemption reference number: ID 2014/17002.
Consultation
Before making the decision to vary the Hamilton LAP, the ACMA undertook the following consultation:
- On 13 August 2014, the ACMA published the following papers on its web site:
- a draft variation instrument to the Hamilton LAP (draft variation);
- a discussion paper outlining the changes proposed in the draft variation and inviting public comment by 12 September 2014;
- a draft variation to the frequency allotment plan (FAP);
- licence area maps; and
- an issue for comment paper announcing the draft variation and inviting public comment by 12 September 2014.
- On 13 August 2014 the ACMA wrote to the licensees and stakeholders in the Hamilton licence area and in adjacent radio licence areas to advise them of the release of the draft variation and to invite their comments by 12 September 2014.
- On 13 August 2014 the ACMA placed banner advertisements in the e-versions of newspapers circulating in Hamilton, Portland and neighbouring areas with a click through to the ACMA website containing copies of the draft variation and invited public comment by 12 September 2014.
The ACMA received two submissions on the draft variation in response to the consultation.
In finalising the variation to the Hamilton LAP, the ACMA has considered the submissions it received.
Description of the provisions of the variation
Section 1 – Name of Instrument
Section 1 provides that the name of the variation is Variation to Licence Area Plan – Hamilton Radio – No 1 of 2014.
Section 2 - Commencement
Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 - Variation
Section 3 varies the Hamilton LAP as set out in paragraphs (a) – (f).
Paragraph 3(a)
Paragraph 3(a) renames the Hamilton LAP as Licence Area Plan – Hamilton Radio.
Paragraph 3(b)
Paragraph 3(b) amends the heading on the title page of the Hamilton LAP so that it reads “Licence Area Plan - Hamilton Radio”.
Sub-paragraph 3(c)(i)
Sub-paragraph 3(c)(i) amends the heading on the first page of the Hamilton LAP so that it reads “Licence Area Plan – Hamilton Radio”.
Sub-paragraphs 3(c)(ii) and (iii)
Sub-paragraphs 3 (c) (ii) and (iii) have the effect of repealing paragraphs (1) – (3) on the first page of the Hamilton LAP and substituting new clauses (1), (2), (3) and (4).
The new clause (1) provides that the Hamilton LAP is for radio broadcasting services in the Hamilton area of Victoria, and is made under subsection 26(1) of the BSA.
New clauses (2) and (3) are substantially similar to the corresponding paragraphs of the Hamilton LAP. The main differences are that the word ‘Determination’ has been replaced with the word ‘plan’ in each clause, and the clauses refer to the Attachments and Schedules as specified in the variation.
The new clause (4) ensures that the Hamilton LAP refers to schedules and attachments that have been amended from time to time by the ACMA.
Paragraph 3(d)
Paragraph 3(d) removes from the Hamilton LAP all the text, immediately before Schedule One of the Hamilton LAP 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 3(e)
Paragraph 3(e) omits all schedules of the Hamilton LAP and substitutes new Schedules One and Two. These schedules set out the details of the national, commercial and community radio broadcasting services that are to be available on particular frequencies in the Hamilton RA1 and Portland RA1 licence areas.
In particular, the Schedules provide the technical specification numbers for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specification for each of those transmitters.
The changes between the omitted and substituted schedules include removal of reference material that is no longer considered relevant or necessary such as removal of the words ‘August 2003’ from Schedules One and Two. Other changes include the inclusion of additional technical specification for the 3HA in-fill transmitter at Portland, and the renumbering of attachment numbers in Schedule One.
Paragraph 3(f)
Paragraph 3(f) omits all attachments and substitutes new Attachments 1.1 to 1.18, 2.1 and 2.2.
The new Attachment 1.1 contains the definition of the Hamilton RA1 licence area in terms used by the Australian Bureau of Statistics (ABS) in the 2006 census.
The new Attachments 1.2 to 1.11 contain the technical specifications for the national radio broadcasting services in Portland and Western Victoria.
The new Attachment 1.12 contains the technical specifications for the commercial radio broadcasting service under Service Licence number SL4152 to be available at Hamilton in the Hamilton RA1 licence area.
The new Attachment 1.13 contains the technical specifications for the commercial radio broadcasting service under Service Licence number SL1150773 to be available at Hamilton in the Hamilton RA1 licence area.
The new Attachments 1.14, 1.15 and 1.16 contain the technical specifications for the open narrowcasting services to be available at Hamilton, Casterton and Portland in the Hamilton RA1 licence area.
The new Attachment 1.17 contains the technical specifications for the in-fill transmitter for the Hamilton commercial broadcasting service provided under Service Licence number SL1150773 to be available at Portland in the Hamilton RA1 licence area.
The new Attachment 1.18 contains the technical specifications for the new in-fill transmitter for the Hamilton commercial broadcasting service provided under Service Licence number SL4152, so that it may transmit into Portland in the Hamilton RA1 licence area.
The new Attachment 2.1 contains the definition of the Portland RA1 licence area in terms used by the ABS in the 2006 census.
The new Attachment 2.2 contains the technical specifications for a community radio broadcasting service to be available at Portland in the Portland 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 – Hamilton 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 legislative instrument varies, under subsection 26(2) of the Broadcasting Services Act 1992, the Licence Area Plan – Hamilton Radio – December 2001. The variations are to the characteristics, including technical specifications, of radio broadcasting services in the Hamilton area to make new radio broadcasting services available in the licence area, and to amend the technical specifications of existing services in the area.
The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Hamilton area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out in the instrument.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Australian Communications and Media Authority