EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (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 available in particular areas of Australia with the use of the broadcasting services bands.
The Australian Broadcasting Authority determined the Licence Area Plan – Queenstown Radio – December 2001 (F2005B00964) on 13 December 2001 (Queenstown LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Queenstown area of Tasmania by making spectrum available for an FM transmitter for the 7XS AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM. The 7XS AM commercial radio service has not transmitted on the planned AM frequency for some time, and its content has been aired instead on a transmitter planned for the 7AUS FM commercial radio broadcasting service. In order to allow for the least disruption to customers, the instrument will provide for the 7XS AM service to convert to FM, and it will operate in accordance with the specifications currently planned for the transmitter for the 7AUS FM commercial radio broadcasting service. A new transmitter and frequency have been planned for the 7AUS commercial radio broadcasting service.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national and commercial radio broadcasting services, and includes a provision to state how instruments and other writing are incorporated into the Queenstown LAP.
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 Queenstown 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 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 Queenstown LAP, the ACMA invited comment on a consultation paper which dealt with the Queenstown LAP proposal and proposals for changes in radio in other areas of Tasmania, namely Burnie, Devonport, Scottsdale, Hobart and Launceston. The consultation paper provided the background to the proposal and was published on the ACMA website on 5 June 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees and the national broadcasting services in overlapping and adjacent radio licence areas inviting comment on the proposal to vary the Queenstown LAP.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Queenstown proposal and it did not object to the proposal.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-Outs” (available at: https://www.pmc.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 with OBPR reference number 13301.
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 – Queenstown Radio – December 2001. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Queenstown 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 – Queenstown Radio –
December 2001 – 2018 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (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 Amendments
This section varies the Queenstown LAP as set out in paragraphs (a) to (u).
Paragraph 4(a) renames the Queenstown LAP as the Licence Area Plan – Queenstown Radio.
Paragraph 4(b) removes the words “– DECEMBER 2001” and “DETERMINATION” from the heading of page 2 of the Queenstown LAP.
Paragraph 4(c) numbers the paragraphs on page 2 of the Queenstown LAP, omits the current paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Queenstown LAP is a plan for radio broadcasting services in the Queenstown area of Tasmania and is made under subsection 26(1) of the Act. Paragraph 4(c) also omits each occurrence of the word “Determination” and substitutes the word “plan” in paragraph (2) of the Queenstown LAP, and inserts a new paragraph (3). 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 Queenstown LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument is 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(c) also removes the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the end of page 2 of the Queenstown LAP.
Paragraph 4(d) omits notes from the Queenstown LAP.
Paragraph 4(e) amends Schedule One to the Queenstown LAP by removing the words “- December 2001” from the heading and omitting the column headed “Status” from the table. Paragraph 4(e) also amends the entries in the row of Schedule One that refers to the transmitter in Attachment 1.11 (for the 7XS commercial radio broadcasting service). The frequency is changed from 837 kHz to 92.1 MHz. The Technical Specification number is changed, and the area served is changed from just Queenstown to Queenstown/Zeehan.
Paragraph 4(e)) also amends the frequency in the row that refers to the transmitter in Attachment 1.14 (for the 7AUS commercial radio broadcasting service), from 92.1 MHz to 95.3 MHz.
Paragraph 4(f) amends the headings of Attachment 1.1 of the Queenstown LAP so that they read “Licence Area – QUEENSTOWN RA1” then “Commercial Radio Service Licence Numbers: SL4222, SL10311”.
Paragraph 4(g) amends the Nominal location in Attachment 1.2 of the Queenstown LAP so that it reads “Broadcast Australia Site off Zeehan Hwy 4.5km NNW of QUEENSTOWN”. It also inserts a Special Condition at the end of the Attachment 1.2, which states that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth.
Paragraph 4(h) replaces the Nominal location in Attachment 1.3 of the Queenstown LAP so that it reads “Broadcast Site MT OWEN”.
Paragraph 4(i) replaces the Nominal location text in Attachments 1.4 and 1.5 of the Queenstown LAP so that each reads “Broadcast Australia Site MT READ”.
Paragraph 4(j) replaces the Nominal location text in Attachment 1.6 of the Queenstown LAP so that it reads “Broadcast/Comm Site MT CLEVELAND”. It also removes the current Output Radiation Pattern table in Attachment 1.6 of the Queenstown LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 1 to the instrument). The antenna is directional and the Output Radiation Pattern has changed, increasing the maximum ERP in several directions.
Paragraph 4(k) replaces the Nominal location text in Attachment 1.7 of the Queenstown LAP so that it reads “Broadcast Australia Site off Ocean Beach Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.7. Paragraph 4(k) also inserts an Advisory Note at the end of Attachment 1.7. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interferencefrom other broadcasting services.
Paragraph 4(l) replaces the Nominal location text in Attachment 1.8 of the Queenstown LAP so that it reads “Broadcast Australia Site off Ocean Beach Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.8. Paragraph 4(l) also inserts an Advisory Note at the end of Attachment 1.8. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.
Paragraph 4(m) replaces the Nominal location text in Attachments 1.9 and 1.10 of the Queenstown LAP so that each reads “Telstra/Broadcast Site COMPANION HILL”.
Paragraph 4(n) changes the technical specifications in Attachment 1.11 relating to a transmitter planned for the 7XS commercial radio broadcasting service, to change the transmitter from an AM frequency to an FM frequency. In particular:
- the planned frequency is changed from 837 kHz to 92.1 MHz;
- the General Area Served is expanded from Queenstown to Queenstown/Zeehan;
- the Nominal location is changed to the Works Tasmania Site at Mt Owen;
- a new Output Radiation Pattern is specified (contained at Schedule 1, Part 2 to the instrument), which provides that the antenna is omnidirectional and the maximum ERP is 1 kW;
- the polarisation for the transmitter is specified as mixed;
- the maximum antenna height for the transmitter is specified to be 30 metres; and
- the technical specification number is changed.
Paragraph 4(o) replaces the Nominal location in Attachment 1.12 of the Queenstown LAP so that it reads “Commercial Broadcast Site MT READ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.12 and removes the current Output Radiation Pattern table in Attachment 1.12 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 3 to this instrument). The antenna is omnidirectional and the maximum ERP is 500 W.
Paragraph 4(p) amends the Nominal location in Attachment 1.13 of the Queenstown LAP so that it reads “Broadcast Monopole Council Site Strahan Airport, Macquarie Heads Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.13. Paragraph 4(p) also inserts an Advisory Note at the end of Attachment 1.13. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.
Paragraph 4(q) replaces the Nominal location in Attachment 1.14 of the Queenstown LAP so that it reads “Works Tasmania Site MT OWEN. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.14. Paragraph 4(q) also amends the Carrier Frequency specified in Attachment 1.14, from 92.1 MHz to 95.3 MHz. This will allow the 7AUS commercial radio broadcasting service to use 95.3 MHz in the future, and allows the ACMA to specify 92.1 MHz for a transmitter for the 7XS commercial radio broadcasting service. Paragraph 4(q) also removes the current Output Radiation Pattern table in Attachment 1.14 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 4 to the instrument). The antenna is omnidirectional and the maximum ERP is 1 kW.
Paragraph 4(r) replaces the Nominal location in Attachment 1.15 of the Queenstown LAP so that it reads “Commercial Broadcast Site MT READ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.15 and removes the current Output Radiation Pattern table in Attachment 1.15 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 5 to the instrument). The antenna is omnidirectional and the maximum ERP is 500 W.
Paragraph 4(s) amends the Nominal location in Attachment 1.16 of the Queenstown LAP so that it reads “Broadcast Monopole Council Site Strahan Airport, Macquarie Heads Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.16 and inserts an Advisory Note at the end of Attachment 1.16. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.
Paragraphs 4(t) and 4(u) make some minor amendments to the text of various Attachments to the Queenstown LAP, to make the text consistent across the Attachments and with other licence area plans.