EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Nowra Radio – 2020 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Nowra Radio – 2020 (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 – Nowra (Radio) – August 1999 (the Nowra LAP) in August 1999.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Nowra area of New South Wales. In relation to the 2ST commercial radio broadcasting service (2ST), the instrument makes spectrum available for a main FM transmitter to enable 2ST to convert from AM to FM transmission, and makes spectrum available for two FM infill transmitters as part of that conversion process. The planning for two other infill transmitters is removed.
Additionally, the instrument makes changes to the 2UUU community radio broadcasting service (2UUU) to allow an increase in coverage in the Nowra RA2 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 writings are incorporated into the Nowra 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 Nowra 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: https://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 Nowra LAP, on 15 January 2020, 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 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 Nowra 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 whose electorates include the Nowra area. Civic bodies including local councils and libraries were also contacted.
Due to the effect of the summer bushfires in the Nowra area, the ACMA engaged in a longer than usual consultation period, which ended on 28 February 2020. The ACMA received 10 submissions. The majority of those submissions concerned a proposal for a new commercial radio broadcasting service for the Nowra RA1 licence area. The ACMA had requested views from the community and prospective licensees as to whether there was interest in providing a new commercial radio broadcasting service for the area. The views expressed in eight of the ten submissions were opposed to a new commercial radio service. The ACMA decided not to proceed with this proposal. The submissions were uniformly supportive of the other proposals made in the consultation paper.
The ACMA has taken these comments and submissions into account in making the instrument.
Regulatory impact statement
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 with human rights set out below has been prepared to meet that requirement.
Overview of the instrument
The instrument varies the Licence Area Plan – Nowra (Radio) – August 1999. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Nowra area of New South Wales.
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 – Nowra Radio – 2020 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Nowra Radio – 2020 (No.1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day 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 Nowra LAP as set out in paragraphs 4(a) to 4(gg).
Paragraph 4(a) renames the instrument as the Licence Area Plan – Nowra Radio.
Paragraph 4 (b) omits references to Attachments 1.3, 1.5 – 1.7 and substitutes references to Attachments 1.3 – 1.7.
Paragraph 4(c) omits clause (9) and substitutes a new clause (9) of the Nowra LAP. The new clause (9) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Nowra 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. Clause (9) 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(d) removes the text “(Determined by the Australian Broadcasting Authority on 12 August 1999)” from the Nowra LAP.
Paragraph 4(e) makes a change to Schedule One by including a reference to a new Attachment 1.4, which will make spectrum available to the 2ST service.
Paragraph 4(f) makes a change to Schedule One to omit the entry for Attachment 1.12 and substitutes a new entry for a new Attachment 1.12.
Subparagraphs 4(g)(i) and (ii) make several minor changes to Attachment 1.1 to make the text consistent with other LAPs.
Subparagraph 4(h)(i) omits the Australian Map Grid references for the transmitter planned by Attachment 1.2 and replaces them with GDA94 coordinates.
Subparagraph 4(h)(ii) inserts in Attachment 1.2, after the specified Output Radiation Pattern, a special condition about the maximum cymomotive force that cannot be exceeded by the transmitter planned in Attachment 1.2.
Subparagraphs 4(i)(i) and (ii) make changes to Attachment 1.3. They omit the Australian Map Grid references for the transmitter planned by Attachment 1.3 and replace them with GDA94 coordinates. They also insert a special condition about the maximum cymomotive force that cannot be exceeded and a limitation on the availability of the technical specification in Attachment 1.3. The AM transmitter planned by Attachment 1.3 will cease to be planned once the 2ST service has converted to FM transmission, using the FM transmitter planned by Attachment 1.4.
Paragraph 4(j) inserts new Attachment 1.4, to make spectrum available for the FM transmission of 2ST, using an FM transmitter with the technical specifications set out in Attachment 1.4.
Subparagraph 4(k)(i) amends Attachments 1.5, 2.2 and 2.3, by changing the nominal location of the transmitters planned by these Attachments. Subparagraph 4(k)(ii) amends Attachments 1.5, 2.2 and 2.3 to omit the Australian Map Grid references for the transmitters planned by these Attachments and replace them with GDA94 coordinates.
Paragraph 4(l) amends Attachment 1.5 to omit a special condition and replace it with an ‘Advisory Note’ that sets out the ‘level of protection against interference’ from other broadcasting services for the transmitter planned by Attachment 1.5.
Paragraphs 4(m) and (n) amend Attachments 1.6 and 1.7 to omit the Australian Map Grid references for the transmitters planned by these Attachments and replace them with GDA94 coordinates.
Subparagraph 4(o)(i) amends Attachment 1.8 to change the details of the nominal location of the transmitter planned by this Attachment. Subparagraph 4 (o)(ii) amends Attachment 1.8 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA94 coordinates. Subparagraph 4(o)(iii) amends Attachment 1.8 to replace the special condition with one about the maximum cymomotive force that cannot be exceeded. It also includes an ‘Advisory Note’ about the ‘coverage area’ for the transmission made using the transmitter planned by Attachment 1.8.
Subparagraphs 4(p)(i) and (ii) amend Attachments 1.9 and 1.10, to change the details of the nominal locations of the transmitters planned by these Attachments, and to omit the Australian Map Grid references for these transmitters and replace them with GDA94 coordinates.
Paragraph 4(q) amends Attachment 1.9 to replace the special condition with an ‘Advisory Note’ about the ‘coverage area’ for the transmission made using the transmitter planned by Attachment 1.9, and one that sets out the ‘level of protection against interference’ from other broadcasting services the ACMA has planned for this transmitter.
Paragraph 4(r) amends Attachment 1.10 to replace the special condition with an ‘Advisory Note’ about the ‘coverage area’ for the transmission made using the transmitter planned by Attachment 1.10, and one that sets out the ‘level of protection against interference’ from other broadcasting services the ACMA has planned for this transmitter.
Subparagraph 4 (s)(i) amends Attachment 1.11 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA94 coordinates. Subparagraph 4(s)(ii) amends Attachment 1.11 to replace the special condition with an ‘Advisory Note’ that sets out that the FM transmitter planned by Attachment 1.11 will cease to be planned once the 2ST service has converted to FM transmission, using the FM transmitter planned by Attachment 1.4. and sets out the ‘level of protection against interference’ from other broadcasting services the ACMA has planned for this transmitter.
Paragraph 4(t) substitutes a new Attachment 1.12. This attachment sets out the technical specifications for an in-fill transmitter for the 2ST service at Kiama.
Paragraphs 4(u), (v) and (w) make several minor changes to Attachments 2.1, 2.3 and 4.1 to make the text consistent with other LAPs.
Subparagraphs 4(x)(i), (ii) and (iii) amend Attachment 4.2, to change the details of the nominal location of the transmitter planned by this Attachment, and to omit the Australian Map Grid references for this transmitter and replace them with GDA94 coordinates. They also increase the maximum antenna height to 65 metres.
Subparagraph 4(y)(i) amends Attachment 4.3 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA94 coordinates. Subparagraph 4(y)(ii) amends Attachment 4.3 to increase the permitted effective radiated power from 10 W to 200 W. Subparagraph 4(y)(iii) amends Attachment 4.3 to replace the special condition with an ‘Advisory Note’ that sets out the ‘level of protection against interference’ from other broadcasting services the ACMA has planned for this transmitter.
Paragraph 4(z) amends Attachment 4.4 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA 94 coordinates.
Paragraph 4(aa) makes a minor change to Attachment 5.1 to make the text consistent with other LAPs.
Subparagraph 4(bb)(i) amends Attachment 5.2 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA94 coordinates. Subparagraph 4(bb)(ii) amends Attachment 5.2 to replace the special condition with an ‘Advisory Note’ that sets out the ‘level of protection against interference’ from other broadcasting services that the ACMA has planned for this transmitter.
Subparagraphs 4(cc)(i) and (ii) make several minor changes to Attachment 6.1 to make the text consistent with other LAPs.
Subparagraph 4(dd)(i) amends Attachment 6.2 to omit the Australian Map Grid references for the transmitter planned by this Attachment and replace them with GDA94 coordinates. Subparagraph 4(dd)(ii) amends Attachment 6.2 to replace the special condition with an ‘Advisory Note’ that sets out the ‘level of protection against interference’ from other broadcasting services that the ACMA has planned for this transmitter.
Paragraphs 4(ee), (ff) and (gg) make minor typographical changes to various Attachments.