EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Port Lincoln – 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Port Lincoln 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 – Port Lincoln Radio – December 2001 (F2005B00709) (Port Lincoln LAP) in December 2001.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Port Lincoln area of South Australia. In relation to the 5CC commercial radio broadcasting service (5CC), the instrument makes spectrum available for a main FM transmitter to enable that service to transmit in FM as well as AM. The instrument also makes spectrum available for six FM infill transmitters as part of that process. The main transmitter and six infill transmitters are planned to serve Port Lincoln, Cleve, Cowell, Elliston, Kimba, Lock and Wudinna.
In relation to the 5CCC commercial radio broadcasting service (5CCC), which serves the same licence area as 5CC, the instrument makes spectrum available for five FM infill transmitters and makes spectrum available in order to change the operating frequency of an existing transmitter. The five infill transmitters are planned to serve Cleve, Cowell, Elliston, Kimba and Lock respectively. The change in operating frequency is for the transmitter serving Wudinna.
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 Port Lincoln 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 Port Lincoln LAP, on 3 July 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 area in relation to the proposed variation. The following stakeholders were notified separately about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Port Lincoln RA1 licence area and in adjacent radio licence areas; the peak body Commercial Radio Australia; Airservices Australia; and state and federal politicians. Civic bodies including local councils and libraries were also contacted.
The consultation period ended on 2 August 2019. The ACMA received one submission about varying the Port Lincoln LAP, which raised concerns about overspill and the simulcasting of the 5CC service in both AM and FM at Port Lincoln. These matters were considered, but the ACMA considered that the benefits of the simulcast outweighed any disadvantages, and that the overspill was not significant.
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 – Port Lincoln Radio – December 2001. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Port Lincoln area of South Australia.
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 – Port Lincoln Radio – 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Port Lincoln 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 Port Lincoln LAP as set out in paragraphs 4(a) to 4(j).
Paragraph 4(a) renames the Port Lincoln LAP as the Licence Area Plan – Port Lincoln Radio.
Paragraphs 4(b) and (c) make consequential changes reflecting the renaming of the Port Lincoln LAP.
Paragraph 4(d) numbers the substantive paragraphs of the Port Lincoln LAP.
Paragraph 4(e) omits paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Port Lincoln LAP is a plan for radio broadcasting services in the Port Lincoln area of South Australia and is made under subsection 26(1) of the Act.
Paragraph 4(f) makes minor and consequential changes to paragraph (2) of the Port Lincoln LAP.
Paragraph 4(g) inserts a new paragraph (3) into the Port Lincoln LAP. The new paragraph (3) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Port Lincoln 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. Paragraph (3) 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(h) removes unnecessary explanatory wording from the Port Lincoln LAP.
Paragraph 4(i) replaces Schedule One to the Port Lincoln LAP and also replaces Attachments 1.1 to 1.10. Essentially, the changes to the Attachments include:
- a change to the nominal location of the transmitter to provide a better description;
- a change from Australian Map Grid references to Geocentric Datum of Australia 1994 coordinates;
- to update the name of the Broadcasting Services (Technical Planning) Guidelines 2017; and
- minor amendments to make the text consistent across the Attachments and with other licence area plans.
Paragraph 4(j) inserts new Attachments 1.11 to 1.23 into the Port Lincoln LAP. Attachments 1.11-1.17 include the seven technical specifications for the FM transmitters for the 5CC commercial radio broadcasting service. Attachments 1.18 to 1.23 include the six technical specifications for the FM transmitters for the 5CCC commercial radio broadcasting service.