EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – lismore 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 – Lismore Radio December 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 – Lismore Radio December 2000 on 21 December 2000 and varied it on 6 May 2004.
It is referred to in this explanatory statement as “the Lismore LAP”.
Intended impact and effect
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Lismore area to:
- make available an FM frequency 91.1 MHz with a maximum effective radiated power (ERP) of 1 kilowatt (kW) with an omni-directional (OD) antenna pattern available at Lismore for a high powered open narrowcasting broadcasting service;
- update each of the licence area definitions in the Lismore 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 Lismore 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 Lismore LAP, the ACMA undertook the following consultation:
- On 18 July 2013, the ACMA published the following papers on its web site:
- a draft variation;
- an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 15 August 2013; and
- a media release announcing the draft variation.
- On 18 July 2013, the ACMA wrote to the licensees providing radio broadcasting services in the Lismore RA1, Lismore RA2, Coraki RA1, Byron Bay RA1, Nimbin RA1, Casino RA1 and Ballina RA1 and in adjacent radio licence areas to advise them of the release of the draft variation and to advise their comments by 15 August 2013.
- On 18 July 2013, the ACMA placed an advertisement in the “The Northern Star” 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 instrument
Clause 1
Clause 1 identifies the power under which the ACMA makes the instrument, subsection 26(2) of the BSA.
Clause 2
Clause 2 names the instrument the Variation to Licence Area Plan – Lismore Radio – No 1 of 2014.
Clause 3
Clause 3 provides the instrument commences the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 4 (a)
Paragraph 4 (a) renames the Lismore LAP from “Licence Area Plan – Lismore Radio – December 2000” to “Licence Area Plan – Lismore Radio”.
Paragraph 4 (b)
Paragraph 4 (b) amends the heading on the title page of the Lismore LAP so that it reads “Licence Area Plan - Lismore Radio”.
Sub-paragraph 4 (c) (i)
Sub-paragraph (4) (c) (i) amends the heading on page two of the Lismore LAP so that it reads “Licence Area Plan – Lismore Radio”.
Sub-paragraph 4 (c) (ii)
Sub-paragraph 4 (c) (ii) removes the heading “Determination” from page two of the Lismore LAP.
Sub-paragraph 4 (c) (iii)
Sub-paragraph 4 (c) (iii) omits the eight paragraphs of the text on page two of the Lismore LAP and substitutes new clauses (1), (2), (3), (4), (5), (6), (7), (8) and (9).
The new clause (1) modifies the existing the first paragraph to better reflect that the Lismore LAP is for radio broadcasting services in the Gosford area of New South Wales, and was 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 clauses (3), (4), (5), (6), (7) and (8) modifies the existing paragraphs to replace the word “Determination” with the word “plan”.
The new clause (9) ensures that the Lismore 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 Lismore 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 Schedule One of the Lismore LAP. This Schedule sets out the details of the national, commercial and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Lismore RA1 licence area.
In particular, the Schedule provides the technical specification number 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 “- May 2004” 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) amends Schedules Two to Seven by omitting the heading “Licence Area Plan: Lismore Radio – December 2000” and substituting “Licence Area Plan : Lismore Radio”. This will ensure consistency with other recently varied radio LAPs.
Paragraph 4 (g)
Paragraph 4(g) omits all text appearing immediately under the heading “DISCLAIMER” in the Lismore LAP (including the heading itself). The material was originally included for reference only is no longer considered relevant or necessary.
Paragraph 4 (h)
Paragraph 4(h) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 2.2, 3.2, 4.2, 5.2, 6.2 and 7.2 by omitting the heading “LICENCE AREA PLAN: Lismore – December 2000” and substituting the heading “Licence Area Plan : Lismore Radio”.
This will ensure consistency with other recently varied radio LAPs.
Paragraph 4 (i)
Paragraph 4 (i) amends Attachments 1.10 and 1.11 by omitting the heading “LICENCE AREA PLAN : Lismore Radio – May 2004” and substituting the heading “Licence Area Plan – Lismore Radio”.
This will ensure consistency with other recently varied radio LAPs.
Paragraph 4 (j) amends Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.2, 3.2, 4.2, 5.2, 6.2 and 7.2 of the Lismore 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 (k)
Paragraph 4(k) removes Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1 and 7.1 of the Lismore LAP and inserts new Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1 and 7.1 to the Lismore LAP in its place.
The new Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1 and 7.1 contain the definitions of the Lismore RA1, Lismore RA2, Coraki RA1, Byron Bay RA1, Nimbin RA1, Casino RA1 and Ballina RA1 licence areas in terms used by the ABS in 2006, but otherwise remain unchanged to the licence areas previously described in the removed Attachments.
Paragraph 4 (l)
Paragraph 4(l) omits Attachments 1.1.1, 2.1.1, 3.1.1, 4.1.1, 5.1.1, 6.1.1 and 7.1.1 to the Lismore LAP, which were inserted by the 2004 variation to the Lismore LAP. These Attachments are redundant.
Paragraph 4 (m)
Paragraph 4(m) inserts the new Attachment 1.12 into the Lismore LAP.
The new Attachment 1.12 contains the technical specifications of the new high powered open narrowcasting service to be available at Lismore in the Lismore 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 – Lismore 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 Lismore area to:
- make available an FM frequency 91.1 MHz with a maximum effective radiated power (ERP) of 1 kilowatt (kW) with an omni-directional (OD) antenna pattern available at Lismore for a high powered open narrowcasting broadcasting service.
- update each of the licence area definitions in the Lismore 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 Lismore 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