EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Hobart Radio – December 2001 – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Hobart 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 – Hobart Radio – December 2001 (F2005B00971) on 13 December 2001 (Hobart LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Hobart area of Tasmania by varying the technical specifications of a high powered open narrowcasting service planned in the Hobart RA1 licence area.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial, open narrowcasting and community radio broadcasting services; and includes a provision to state how instruments and other writing are incorporated into the Hobart 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 Hobart 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 Hobart LAP, the ACMA invited comment on a consultation paper which dealt with the Hobart LAP proposal and proposals for changes in radio planning in other areas of Tasmania, namely Burnie, Devonport, Queenstown, Scottsdale 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 the national broadcasting services in overlapping and adjacent radio licence areas inviting comment on the proposal to vary the Hobart LAP.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Hobart proposal and it was supportive of the proposal.
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 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 – Hobart Radio – December 2001. The instrument varies the technical specifications for a planned open narrowcasting service, and changes existing characteristics including technical specifications, of certain other radio broadcasting services in the Hobart 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 – Hobart 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 – Hobart 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 Hobart LAP as set out in paragraphs 4(a) to 4(zb).
Paragraph 4(a) renames the Hobart LAP as the Licence Area Plan – Hobart Radio.
Paragraph 4(b) omits paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Hobart LAP is a plan for radio broadcasting services in the Hobart area of Tasmania and is made under subsection 26(1) of the Act.
Paragraph 4(c) omits paragraph (8) and substitutes a new paragraph (8). The new paragraph (8) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Hobart 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 (8) 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(d) removes the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the Hobart LAP.
Paragraph 4(e) omits the row in the table in Schedule One referring to Attachment 1.21 and replaces it with a new row. The new row refers to a transmitter for an open narrowcasting service, with specification number TS12000277, and provides that the details for the technical specifications are at Attachment 1.21 of the Hobart LAP. The new technical specifications provide for the operation of a transmitter on 104.3 MHz, instead of 94.9 MHz.
Paragraph 4(f) removes each occurrence of the text “SL1130148” from the table in Schedule Four of the Hobart LAP and replaces it with “SL5508”. Schedule Four of the Hobart LAP plans a community broadcasting radio service in the Hobart RA4 licence area.
Paragraph 4(g) makes some minor amendments to the text in Attachment 1.1.
Paragraph 4(h) replaces the Nominal location in Attachment 1.2 of the Hobart LAP so that it reads “Broadcast Australia Site Forest Hill Rd 1.6km SSE of LAUDERDALE”.
Paragraph 4(i) replaces the Nominal location in Attachment 1.4 of the Hobart LAP so that it reads “Broadcast Australia Site Forest Hill Rd 1.6km SSE of LAUDERDALE”. Paragraph 4(i) also inserts a Special Condition numbered “(2)” after Special Condition (1) in Attachment 1.4. Special Condition (2) states that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth.
Paragraph 4(j) replaces the Nominal location in Attachment 1.5 of the Hobart LAP so that it reads “Forest Hill Rd (near cnr of South Arms Rd) SANDFORD”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.5. Paragraph 4(j) also removes the current Output Radiation Pattern table in Attachment 1.5 of the Hobart LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 1 to the instrument).
Paragraph 4(k) amends the Nominal location in Attachments 1.6, 1.7, 1.8, 1.15, 1.16, 1.17 and 1.19 of the Hobart LAP so that each reads “Broadcast Australia Site Pinnacle Rd MT WELLINGTON”.
Paragraph 4(l) amends the Nominal location in Attachments 1.9 and 1.10 of the Hobart LAP so that each reads “Broadcast Australia Site off Tasman Hwy 1km BICHENO”.
Paragraph 4(m) amends the Nominal location text in Attachments 1.11 and 1.12 of the Hobart LAP so that each reads “Guyed mast Moreys Hill off Oakhampton Rd TRIABUNNA”. It also make corresponding amendments to the coordinates of the Australian Map Grid Reference in Attachments 1.11 and 1.12.
Paragraph 4(n) amends the coordinates of the Australian Map Grid Reference in Attachments 1.13 and 1.14.
Paragraph 4(o) amends the Nominal location in Attachment 1.20 of the Hobart LAP so that it reads “Nominal Planning Site Woodlands Rd 3km NE of SANDFORD”. It also removes the current Output Radiation Pattern table in Attachment 1.20 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 2 to the instrument). Paragraph 4(o) also omits the Special Condition in Attachment 1.20 and replaces it with a Special Condition and an Advisory Note. The Special Condition states that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth. The Advisory Note provides that the coverage area of the transmission is defined as the area within a radius of 40 km measured from a point specified, which is the same as the nominal transmitter site.
Paragraph 4(p) removes Attachment 1.21 in the Hobart LAP and replaces it with a new Attachment 1.21 (contained in Schedule 2 to the instrument). New Attachment 1.21 changes the technical specifications of a transmitter planned for an open narrowcasting service, with specification number TS12000277, to be available in the Hobart RA1 licence area.
Paragraph 4(q) makes some minor amendments to the text in Attachment 2.1.
Paragraph 4(r) makes some minor amendments to the text in Attachment 3.1.
Paragraph 4(s) replaces the Nominal location in Attachment 3.2 of the Hobart LAP so that it reads “Old Outside Broadcast Tower 5-7 Sandy Bay Road HOBART”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 3.2 and increases the maximum antenna height in Attachment 3.2 to 42 m.
Paragraph 4(t) makes some minor amendments to the text in Attachment 4.1.
Paragraph 4(u) amends the Service Licence Number in Attachment 4.2 of the Hobart LAP so that it is a technical specification for the broadcasting licence with number SL5508. It also amends the Nominal Location in Attachment 4.2 so that it reads “Print Radio Tas Site South Arm Rd 2km E of SANDFORD”.
Paragraph 4(v) amends the Service Licence Number in Attachment 4.3 of the Hobart LAP so that it is a technical specification for the broadcasting licence with number SL5508. Paragraph 4(v) also replaces the Nominal Location in Attachment 4.3 so that it reads “State Government Trunking Site Brougham Street WEST LAUNCESTON”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 4.3 and increases the maximum antenna height in Attachment 4.3 to 40 m.
Paragraph 4(w) amends the Service Licence Number in Attachment 4.4 of the Hobart LAP so that it is a technical specification for the broadcasting licence with number SL5508. It also removes the Special Condition in Attachment 4.4.
Paragraph 4(x) makes some minor amendments to the text in Attachment 5.1.
Paragraph 4(y) makes some minor amendments to the text in Attachment 6.1.
Paragraph 4(z) inserts a Special Condition at the end of each of Attachments 1.2, 1.5 and 4.2 of the Hobart LAP. Each Special Condition states that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth.
Paragraphs 4(za) and (zb) make some minor amendments to the text of various Attachments, to make the text consistent across the Attachments and with other licence area plans.