EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Launceston Radio – December 2001 – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Launceston 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 – Launceston Radio – December 2001 (F2005B00973) on 13 December 2001 (Launceston LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Launceston area of Tasmania by varying the technical specifications of a community radio broadcasting service planned in the Northern Midlands RA1 licence area. It also makes a new frequency available for a national broadcasting service in the Launceston 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 Launceston 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 Launceston 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 Launceston LAP, the ACMA invited comment on a consultation paper which dealt with the Launceston LAP proposal and proposals for changes in radio planning in other areas of Tasmania, namely Burnie, Devonport, Queenstown, Scottsdale and Hobart. 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 Launceston LAP.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Launceston 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 – Launceston Radio – December 2001. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of a community radio broadcasting service in the Northern Midlands RA1 licence area, and makes an additional frequency available for a national broadcasting service in the Launceston 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 – Launceston 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 – Launceston 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 Launceston LAP as set out in paragraphs (a) to (w).
Paragraph 4(a) renames the Launceston LAP as the Licence Area Plan – Launceston Radio.
Paragraph 4(b) removes the word “DETERMINATION” from the heading of page 3 of the Launceston LAP.
Paragraph 4(c) omits paragraph (1) and substitutes a new paragraph (1) into the Launceston LAP. The new paragraph (1) provides that the Launceston LAP is a plan for radio broadcasting services in the Launceston area of Tasmania and is made under subsection 26(1) of the Act.
Paragraph 4(d) amends paragraph (2) of the Launceston LAP to refer to a sixth national broadcasting service.
Paragraph 4(e) omits each occurrence of the word “Determination” and substitutes the word “plan” in each of paragraphs (2), (3), (4) and (5) of the Launceston LAP.
Paragraph 4(f) omits paragraph (6) and substitutes a new paragraph (6) into the Launceston LAP. The new paragraph (6) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Launceston 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 (6) 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(g) removes the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the Launceston LAP.
Paragraph 4(h) inserts a new row in the table in Schedule One after the row referring to Attachment 1.10. The new row specifies a new transmitter for a national broadcasting service, with specification number TS1135009, and provides that the details for the technical specifications are at Attachment 1.10A of the Launceston LAP.
Paragraph 4(i) changes the technical specifications for a transmitter for a community radio broadcasting service in the Midlands RA1 licence area. The frequency for the transmitter is changed from 95.7 MHz to 97.5 MHz, and the relevant technical specification number is changed from TS10010807 to TS12000272.
Paragraphs 4(j), 4(k) and 4(l) amend the Nominal location in Attachments 1.3, 1.4, 1.5, 1.6, 1.9, 1.10 and 1.11 of the Launceston LAP so that each reads “Broadcast Australia Tower MT BARROW”.
Paragraph 4(m) inserts new Attachment 1.10A (contained in Schedule 1 to the instrument) after Attachment 1.10 of the Launceston LAP. New Attachment 1.10A contains the technical specifications of a new transmitter for a national radio broadcasting service to be available in the Launceston RA1 licence area.
Paragraph 4(n) omits the Special Conditions in each of Attachments 1.12 and 1.13 of the Launceston LAP and replaces them with an Advisory Note. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.
Paragraph 4(o) amends the Nominal location text in Attachment 1.14 of the Launceston LAP so that it reads “Tasradio site off Tasman Hwy ABELS HILL”, and removes the current Output Radiation Pattern table in Attachment 1.14 and replaces it with a new Output Radiation Pattern table (contained in Schedule 2 to the instrument). Paragraph 4(o) also omits the Special Condition in Attachment 1.14 of the Launceston LAP and replaces it with a new 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 described as Launceston RA1, as it is defined in the Launceston LAP. Paragraph 4(o) also makes some minor amendments to the text in Attachment 1.14.
Paragraph 4(p) replaces the Nominal location in Attachment 2.2 of the Launceston LAP so that it reads “Broadcast Site Reatta Road TREVALLYN”. It also increases the maximum antenna height in Attachment 2.2 of the Launceston LAP to 40 m.
Paragraph 4(q) replaces the Nominal location in Attachments 2.3 and 2.5 of the Launceston LAP so that each reads “Marcom Watson (northern) Site MT ARTHUR”.
Paragraph 4(r) replaces the Nominal location in Attachment 2.4 of the Launceston LAP so that it reads “Broadcast Site Reatta Road TREVALLYN”.
Paragraph 4(s) replaces the Nominal location in Attachment 3.2 of the Launceston LAP so that it reads “Vodafone Site Scenic Lookout MT GEORGE”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 3.2.
Paragraph 4(t) amends the Specification Number in Attachment 4.2 of the Launceston LAP so that it reads “TS12000272”. It also amends the Nominal location in Attachment 4.2 so that it reads “Telstra Radio Terminal MT BLACKWOOD”, and changes the frequency for the transmitter from 95.7 MHz to 97.5 MHz.
Paragraphs 4(u), 4(v) and 4(w) make some minor amendments to the text of various Attachments to the Launceston LAP, to make the text consistent across the Attachments and with other licence area plans.