EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Kempsey 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 – Kempsey Radio – October 1998. 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 – Kempsey Radio – October 1998 on 22 October 1998.
It is referred to in this explanatory statement as “the Kempsey LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Kempsey area to:
- make spectrum available for an existing FM in-fill transmitter at North Haven, New South Wales, for the Kempsey commercial radio broadcasting service currently provided by the licensee Mid-Coast Broadcasters Pty Ltd (2MC FM);
- make spectrum available for a new community radio broadcasting service at North Haven, New South Wales, for the Port Macquarie community radio broadcasting service currently provided by the licensee Hastings Community FM Radio Association Inc. (2WAY FM 1039);
- update the description of the licence area definitions in the Kempsey LAP from 1996 to 2006 Australian Bureau of Statistics (ABS) 2006 census data; and
- make minor amendments in the Kempsey 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 Kempsey 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 Kempsey 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 Kempsey 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 Kempsey licence area and in adjacent radio licence areas to the north and south 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 Kempsey, Port Macquarie 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 four submissions on the draft variation in response to the consultation.
In finalising the variation to the Kempsey 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 – Kempsey 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 Kempsey LAP as set out in paragraphs (a) – (g).
Paragraph 3(a)
Paragraph 3(a) renames the Kempsey LAP as Licence Area Plan – Kempsey Radio.
Paragraph 3(b)
Paragraph 3(b) amends the heading on the title page of the Kempsey LAP so that it reads “Licence Area Plan - Kempsey Radio”.
Sub-paragraph 3(c)(i)
Sub-paragraph 3(c)(i) amends the heading on the first page of the Kempsey LAP so that it reads “Licence Area Plan – Kempsey Radio”.
Sub-paragraphs 3(c)(ii) and (iii)
Sub-paragraphs 3 (c) (ii) and (iii) have the effect of repealing paragraphs (1) – (5) on the first page of the Kempsey LAP and substituting new clauses (1), (2), (3), (4), (5) and (6).
The new clause (1) provides that the Kempsey LAP is for radio broadcasting services in the Kempsey area of New South Wales, and is made under subsection 26(1) of the BSA.
New clauses (2), (3), (4) and (5) are substantially similar to the corresponding paragraphs of the Kempsey 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 (6) ensures that the Kempsey 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 Kempsey LAP all the text, immediately before Schedule One of the Kempsey LAP under the heading “SCHEDULES” (including the heading itself). This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 3(e)
Paragraph 3(e) removes from the Kempsey LAP all the text, immediately after Schedule Four of the Kempsey LAP under the sub-headings “Status Column” and “Frequency Column” (including the sub-headings themselves). This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 3(f)
Paragraph 3(f) omits all schedules of the Kempsey LAP and substitutes new Schedules One, Two, Three and Four. 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 Kempsey RA1, Kempsey RA2, Nambucca Heads RA1 and Port Macquarie 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 the inclusion of the new technical specifications for the commercial radio broadcasting service in the Kempsey RA1 licence area and the community radio broadcasting service in the Port Macquarie RA1 licence area, and removal of reference material that is no longer considered relevant or necessary such as removal of the words ‘October 1998’ from Schedules One, Two, Three and Four.
Paragraph 3(g)
Paragraph 3(g) omits all attachments and substitutes new Attachments 1.1 to 1.11, 2.1, 2.2, 3.1, 3.2, 4.1, 4.2, 4.3 and 4.4.
The new Attachment 1.1 contains the definition of the Kempsey RA1 licence area in terms used by the Australian Bureau of Statistics (ABS) in the 2006 census.
The new Attachment 1.2 contains the technical specifications for the national radio broadcasting service in Kempsey.
The new Attachments 1.3 and 1.4 contain the technical specifications for the commercial radio broadcasting service under Service Licence number SL4121 to be available at Kempsey and Port Macquarie in the Kempsey RA1 licence area.
The new Attachments 1.5 and 1.6 contain the technical specifications for the commercial radio broadcasting service under Service Licence number SL2161 to be available at Kempsey and Port Macquarie in the Kempsey RA1 licence area.
The new Attachments 1.7 and 1.8 contain the technical specifications for the commercial radio broadcasting service under Service Licence number SL1150051 to be available at Kempsey and Port Macquarie in the Kempsey RA1 licence area.
The new Attachments 1.9 and 1.10 contain the technical specifications for the open narrowcasting services to be available at Kempsey and Port Macquarie in the Kempsey RA1 licence area.
The new Attachment 1.11 contains the technical specifications for the existing in-fill transmitter for the Kempsey commercial broadcaster under Service Licence number SL1150051, so that it may transmit into North Haven in the Kempsey RA1 licence area.
The new Attachment 2.1 contains the definition of the Kempsey RA2 licence areas 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 Kempsey in the Kempsey RA2 licence area.
The new Attachment 3.1 contains the definition of the Nambucca Heads RA1 licence area in terms used by the ABS in the 2006 census.
The new Attachment 3.2 contains the technical specifications for a community radio broadcasting service to be available at Nambucca Heads in the Nambucca Heads RA1 licence area.
The new Attachment 4.1 contains the definition of the Port Macquarie RA1 licence area in terms used by the ABS in the 2006 census.
The new Attachment 4.2 contains the technical specifications for the community radio broadcasting service under Service Licence number SL4925 to be available at Port Macquarie in the Port Macquarie RA1 licence area.
The new Attachment 4.3 contains the technical specifications for the community radio broadcasting service under Service Licence number SL1150063 to be available at Port Macquarie in the Port Macquarie RA1 licence area.
The new Attachment 4.4 contains the technical specifications for a new community radio broadcasting service under Service Licence number SL4925 to be available at North Haven in the Port Macquarie 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 – Kempsey 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 – Kempsey Radio – October 1998. The variations are to the characteristics, including technical specifications, of radio broadcasting services in the Kempsey 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 Kempsey 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