EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Mackay Radio – 2016 (No.1)
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 – Mackay Radio – October 1997. 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 – Mackay Radio – October 1997 on 30 October 1997 and varied it on 17 June 2004.
It is referred to in this explanatory statement as “the Mackay LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Mackay area of Queensland by:
- making the FM frequency 92.3 MHz available for an additional in-fill transmitter in Nebo, Queensland for the commercial radio broadcasting service 4MMK;
- making frequency 93.9 MHz available in Airlie Beach, Queensland for an additional transmitter for a national radio broadcasting service.
The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above. The variation also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and advisory notes for commercial and community radio broadcasting services where required. However, these updates do not reflect changes to the ways in which these services are provided.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) has determined that the regulatory changes effected by the variation are minor or machinery in nature and has advised that no regulatory impact statement is required. The OBPR has issued an exemption reference number: ID 2014/18023.
Consultation
Subsection 17(1) of the Legislation Act 2003 requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken.
Before making the decision to vary the Mackay LAP, the ACMA published a draft variation instrument together with a discussion paper on the ACMA website inviting public comment on 5 November 2015. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the Mackay licence areas and adjacent radio licence areas to advise them of the proposed changes to the Mackay LAP and to invite comment.
Consultation closed on 4 December 2015 and the ACMA did not receive any submissions.
Description of the provisions of the variation
Section 1 - Name of Instrument
Section 1 provides that the name of the variation is the Variation to Licence Area Plan – Mackay Radio – 2016 (No.1).
Section 2 - Commencement
Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislation.
Section 3 - Variation
Section 3 varies the Mackay LAP as set out in paragraphs (a) to (f).
Paragraph 3(a)
Paragraph 3(a) renames the instrument as the Licence Area Plan – Mackay Radio.
Paragraph 3(b)
Paragraph 3(b) amends the heading on the title page of the Mackay LAP so that it reads “Licence Area Plan – Mackay Radio”.
Subparagraph 3(c)(i)
Subparagraph 3(c)(i) amends the heading on the first page of the instrument so that it reads “Licence Area Plan – Mackay Radio”.
Subparagraph 3(c)(ii)
Subparagraph 3(c)(ii) numbers each of the paragraphs on the first page of the instrument under the heading “Licence Area Plan – Mackay Radio” as clauses (1), (2) and (3).
Subparagraph 3(c)(iii)
Subparagraph 3(c)(iii) omits clauses (1), (2) and (3) and substitutes new clauses (1), (2), (3) and (4).
The new clause (1) highlights that this plan is for radio broadcasting services in the Mackay area of Queensland and is made under subsection 26(1) of the BSA.
The new clause (2) reflects the change in the Mackay LAP to eleven national broadcasting services in the Mackay area of Queensland, the inclusion of Attachments 1.1 – 1.28 and the substitution of the word ‘determination’ with the word ‘plan’ in the clause.
The new clause (3) reflects the substitution of the word ‘determination’ with the word ‘plan’ in the clause.
The new clause (4) will ensure that a reference to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
Subparagraph 3(d)(i)
Subparagraph 3(d)(i) removes from the Mackay LAP the heading ‘SCHEDULES’ immediately after clauses (1) to (4).
Subparagraph 3(d)(ii)
Subparagraph 3(d)(ii) removes from the Mackay LAP all the text occurring after the heading ‘SCHEDULES’ and before Schedule One. This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 3(e)
Paragraph 3(e) replaces Schedules One and Two of the Mackay LAP. These Schedules set out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Mackay RA1 and Mackay RA2 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 from the previous Schedules are the removal from the headings of the Schedules of the words “- June 2004”, and the addition of the ‘Channel/Frequency’ and ‘Attachment No.’ columns (for ease of reference only).
Paragraph 3(f)
Paragraph 3(f) omits all attachments and substitutes new Attachments 1.1 to 1.28 and 2.1, 2.2 and 2.3.
The new Attachment 1.1 contains the definition of the Mackay RA1 licence area in terms used by the Australian Bureau of Statistics (ABS) in the 2001 census.
The new Attachments 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11 and 1.12 contain the technical specifications for the transmitters for the national radio broadcasting services at Airlie Beach, Glenden and Mackay.
The new Attachments 1.13, 1.14, 1.15 and 1.16 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 1964 to be available at Airlie Beach, Mackay, Nebo and Clairview in the Mackay RA1 licence area.
The new Attachments 1.17 and 1.18 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 4181 to be available at Airlie Beach and Mackay in the Mackay RA1 licence area.
The new Attachments 1.19, 1.20, 1.21 and 1.22 contain the technical specifications for the transmitters for commercial radio broadcasting service under Service Licence number SL 1150018 to be available at Airlie Beach, Mackay, Glenden and Nebo in the Mackay RA1 licence area.
The new Attachments 1.23 and 1.24 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 1150089 to be available at Airlie Beach and Mackay in the Mackay RA1 licence area.
The new Attachment 1.25 contains the technical specifications for a transmitter for the open narrowcasting radio broadcasting service to be available at Mackay in the Mackay RA1 licence area.
The new Attachment 1.26 contains the technical specifications for a transmitter for the open narrowcasting radio broadcasting service to be available at Mackay in the Mackay RA1 licence area.
The new Attachment 1.27 contains the technical specifications for a transmitter for the open narrowcasting radio broadcasting service to be available at Proserpine in the Mackay RA1 licence area.
The new Attachment 1.28 contains the technical specifications for a transmitter for the open narrowcasting radio broadcasting service to be available at Sarina in the Mackay RA1 licence area.
The new Attachment 2.1 contains the definition of the Mackay RA2 licence area in terms used by the ABS in the 2001 census.
The new Attachment 2.2 contains the technical specifications for a transmitter for the community radio broadcasting service under Service Licence number SL 5522 to be available at Mackay in the Mackay RA2 licence area.
The new Attachment 2.3 contains the technical specifications for a transmitter for the community radio broadcasting service under Service Licence number SL 1150019 to be available at Mackay in the Mackay RA2 licence area.
Minor amendments to the descriptions of nominal locations of transmitter sites, Australian Grid references and advisory notes have been made in some of the Attachments. In each case the information has been updated to better reflect current operations and for ease of reference only. These amendments do not signify a change to the planned performance of the relevant transmitter.
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 – Mackay Radio – No 1 of 2016
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 – Mackay Radio. The variations add new, or change existing, characteristics, including technical specifications, of certain radio broadcasting services in the Mackay RA1 and Mackay RA2 licence areas. These changes are in order to improve the coverage of those services and/or to improve the accuracy of site location data.
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.