EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Murray Bridge Radio – 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan –Murray Bridge Radio – 2019 (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 made available in particular areas of Australia with the use of the broadcasting services bands.
The Australian Broadcasting Authority determined the Licence Area Plan – Murray Bridge Radio – December 2001 (F2005B00708) (Murray Bridge LAP) in December 2001.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Murray Bridge area of South Australia. In relation to the 5MU commercial radio broadcasting service (5MU), the instrument makes spectrum available for a main FM transmitter to enable 5MU to convert from AM to FM transmission, and makes spectrum available for two FM infill transmitters as part of that conversion process. The instrument also varies the operating frequency of a community radio broadcasting service, also as part of the conversion process.
Additionally, the instrument makes spectrum available for a new community radio broadcasting service for the Mount Barker RA1 licence area and defines the new Mount Barker RA1 licence area.
The instrument updates some transmitter site nominal locations and replaces Australian Map Grid References for these transmitters with coordinates using the Geocentric Datum of Australia 1994 (GDA94). It also includes a provision to state how instruments and other writing are incorporated into the Murray Bridge LAP.
Further details regarding the instrument are set out in Attachment A.
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 Murray Bridge 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 free of charge 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 Murray Bridge LAP, on 17 May 2019, the ACMA published a consultation paper on its website which provided the background to the proposal. The ACMA also announced the release of the paper via social media and used social media platforms to engage with residents in the relevant radio licence areas in relation to the proposed variation. The following stakeholders were separately notified about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Murray Bridge RA1 licence area and in adjacent radio licence areas, the peak bodies Commercial Radio Australia and the Community Broadcasting Association of Australia, Airservices Australia; and state and federal politicians. Civic bodies including local councils and libraries were also contacted.
The consultation period ended on 14 June 2019. The ACMA received 19 submissions, the majority of which were about the proposed new community radio broadcasting service for the Mount Barker area in South Australia. The submissions were supportive of the proposal.
One submission raised concerns about the proposed 5MU AM-FM conversion and the possibility of interference to another broadcasting service. A second submission also raised a concern about loss of coverage if the 5MU AM-FM conversion went ahead. Each matter was considered, but the risks of interference and loss of coverage were assessed as low.
The ACMA also received four online comments, three of which were about the proposed service at Mount Barker. The fourth made observations about various radio services in the region and also referred to the Mount Barker proposal.
The ACMA took all comments and submissions into account in making the instrument.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR), in a guidance note entitled “Carve-outs” (available at: https://www.dpmc.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.
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 – Murray Bridge Radio – December 2001. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Murray Bridge area of South Australia. It also makes provision for a new community radio broadcasting service in the Mount Barker 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 – Murray Bridge Radio – 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Murray Bridge Radio – 2019 (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 Variation
This section varies the Murray Bridge LAP as set out in paragraphs 4(a) to 4(aa).
Paragraph 4(a) renames the Murray Bridge LAP as the Licence Area Plan – Murray Bridge Radio.
Paragraph 4(b) omits clause (1) and substitutes a new clause (1). The new clause (1) provides that the Murray Bridge LAP is a plan for radio broadcasting services in the Murray Bridge area of South Australia and is made under subsection 26(1) of the Act.
Paragraph 4(c) omits each occurrence of the word “Determination” and substitutes the word “plan” in clauses (2) to (5) of the Murray Bridge LAP.
Paragraph 4(d) inserts a new clause (5A) into the Murray Bridge LAP, to plan the new community broadcasting service for the Mount Barker RA1 licence area.
Paragraph 4(e) omits clause (6) and substitutes a new clause (6) of the Murray Bridge LAP. The new clause (6) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Murray Bridge LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument includes a reference to that legislative instrument as in force from time to time. New clause (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(f) removes the text “(Determined by the Australian Broadcasting Authority on 6 December 2001)” from the Murray Bridge LAP.
Paragraph 4(g) makes changes to Schedule One to the Murray Bridge LAP by revising the name of an area served and including references to three new attachments, which will make FM spectrum available to the 5MU service.
Paragraph 4(h) makes a change to Schedule Four to the Murray Bridge LAP by including a reference to a new attachment, which will make spectrum available to the community radio broadcasting service planned for the Goolwa RA1 licence area.
Paragraph 4(i) and Schedule 1 to the instrument insert a new Schedule Five into the Murray Bridge LAP, to plan a new community radio broadcasting service for the Mount Barker RA1 licence area.
Paragraph 4(k) and Schedule 2 to the instrument replace Attachment 1.2 to the Murray Bridge LAP. The replacement attachment is to make various changes to the technical specification in the attachment, including the addition of a special condition about maximum cymomotive force and information about the cessation of the availability of the technical specification in Attachment 1.2. Attachment 1.2 sets out the technical specifications for the use of AM frequency currently used by 5MU, which will cease being available for that service once it has converted to FM transmission.
Paragraph 4(l) and Schedule 3 to the instrument insert three new attachments into the Murray Bridge LAP, being Attachments 1.2A, 1.2B and 1.2C. These attachments set out the technical specifications for the use of a main FM frequency, and two FM frequencies for infill transmitters, when 5MU converts to FM transmission.
Paragraphs 4(m) and (o) make the following changes to Attachment 1.3 and Attachment 1.5, respectively, to the Murray Bridge LAP:
- changes to the description of the nominal location of the transmitters (an update in location details in Attachment 1.3 and a change of location in Attachment 1.5);
- a change from Australian Map Grid (AMG66) references to Geocentric Datum of Australia 1994 (GDA94) coordinates; and
- to update the name of the Broadcasting Services (Technical Planning) Guidelines 2017.
Paragraph 4(n) and Schedule 4 replace Attachment 1.4 to the Murray Bridge LAP. The replacement attachment makes similar changes to those specified in paragraph 4(k) for Attachment 1.2, and also changes the prescribed maximum antenna height.
Paragraph 4(q) makes changes to Attachment 2.2 that are equivalent to those referred to in paragraph 4(m) and (o). However, the paragraph also increases the prescribed maximum antenna height.
Paragraph 4(r) makes changes to Attachment 2.3 that are equivalent to those referred to in paragraph 4(m) and (o). However, paragraph 4(r) also changes the specified polarisation.
Paragraphs 4(s) and (u) change Attachment 2.4 and Attachment 3.2, respectively, to change the nominal location of the transmitter, and to change the location from an AMG66 reference to GDA94 coordinates.
Paragraph 4(w) and Schedule 5 replace Attachment 4.2 to the Murray Bridge LAP. The replacement attachment includes various changes including a change to the prescribed maximum antenna height. The special condition in Attachment 4.2 is removed, and a provision is included to provide that the technical specification set out in the attachment ceases to be available for the community radio broadcasting service in Goolwa once transmission occurs in accordance with the technical specification set out in Attachment 4.3.
Paragraph 4(x) and Schedule 6 insert:
- new Attachment 4.3, which is a technical specification for a transmitter for the community radio broadcasting service at Goolwa;
- new Attachments 5.1 and 5.2; the former is the description of the new Mount Barker RA1 licence area and the latter is the technical specification for a transmitter for a new community radio broadcasting service at Mount Barker.
Paragraphs 4(j), (p), (t), (v), (y), (z) and (aa) make some minor amendments to various Attachments to the Murray Bridge LAP, to make the text consistent across the Attachments and with other licence area plans.