Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2021 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00982 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Remote Central and Eastern Australian Radio – 2021 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Remote Central and Eastern Australian Radio – 2021 (No. 1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).

The ACMA may, by legislative instrument, vary a licence area plan (LAP) 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 – Remote Central and Eastern Australia Radio (the Remote LAP) on 14 October 1996.

The instrument varies the characteristics, including technical specifications, of remote commercial radio broadcasting services, national radio broadcasting services, open narrowcasting radio services, and community radio broadcasting services in three licence areas planned in the Remote LAP: the Remote Commercial Radio Service Central Zone RA1, the Remote Commercial Radio Service North East Zone RA1 (RCRSNEZ RA1) and the Amata RA1 licence areas. The main variations are:

  • amending technical specifications including changing the site location and increasing the effective radiated power (ERP) of transmitters for the commercial radio broadcasting service with the callsign 8SAT at Pinnaroo in South Australia, such that the service extends its coverage to serve the Lameroo area as well;
  • making radiofrequency spectrum available for a new transmitter for the commercial radio broadcasting service with the callsign 4BRZ to serve Nyngan in New South Wales;
  • amending technical specifications including increasing the maximum ERP of transmitters for the commercial radio broadcasting service with the callsign 4BRZ to serve the town of Miles in Queensland;
  • making radiofrequency spectrum available for a new transmitter for the commercial radio broadcasting service with the callsign 4BRZ to serve the Wauchope area in New South Wales;
  • making radiofrequency spectrum available for a new transmitter for the commercial radio broadcasting service with the callsign 4RBL to serve the Wauchope area in New South Wales;
  • amending technical specifications including increasing the maximum ERP of transmitters, and adding an advisory note specifying that transmissions in accordance with the specification will be protected to a minimum median field strength of 60 dBµV/m, for the commercial radio broadcasting service with the callsign 4RBL serving the town of Miles in Queensland;
  • removing the technical specification for the currently unused transmitter on 89.5 MHz at Comboyne in New South Wales, which will allow the frequency to be used for the 4RBL Wauchope service;
  • inserting the technical specifications for the community radio broadcasting service planned for the Amata RA1 licence area on radiofrequency 106.1 MHz.

The instrument also:

  • updates the nominal locations for some transmitters planned in the Remote LAP;
  • transforms all nominal location site coordinates to latitude and longitude format using the Geocentric Datum format of Australia 1994 (GDA94);
  • changes some maximum antenna heights to authorise the infrastructure that has been implemented, where that does not adversely affect other services;
  • changes vertical polarisation to mixed polarisation to reflect the planning approach that has been adopted for some transmitters; and
  • updates advisory notes for some radio broadcasting services where required.

The ACMA does not intend the instrument to alter any existing rights and obligations, except as set out above.

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Documents incorporated by reference

In accordance with section 14 of the LA, the instrument incorporates 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 at: www.legislation.gov.au.

The instrument also incorporates the Geodetic Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing on that date. Gazette No. GN 35 can be accessed, free of charge, at: 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 Remote LAP, the ACMA published a consultation paper on the ACMA website on 17 December 2020 and invited comment on proposals to vary the Remote LAP, which included background to each individual proposal, proposed technical specifications for relevant attachments and maps of the affected licence areas.

The consultation paper also included a discussion of whether the ACMA should vary technical specifications and change the RCRSNEZ RA1 licence area boundary so that commercial radio broadcasting services provided in that licence area could extend to the Logan area of Queensland (Logan proposal).

The ACMA wrote to relevant stakeholders, notifying them that the consultation paper had been published, including peak bodies, the commercial radio broadcasting licensees, other broadcasting licensees and national broadcasters in the remote licence areas and adjacent radio licence areas, and others who had shown interest in one or more of the proposals previously, and invited comments.

The consultation period ended on 26 February 2021. The ACMA received 13 submissions in total. The submissions were mainly concerned with the Logan proposal. The ACMA took all submissions into account when considering whether to make the instrument, and in what form.

After the ACMA considered all the submissions and made an independent assessment of the proposals, the ACMA decided not to include the Logan proposal in the instrument; all the other proposals in the consultation paper proceeded unchanged, except for:

  • a minor modification to the advisory note to the technical specifications for the transmitter used by the 4RBL commercial radio broadcasting service in Miles, which was made following further consultation with the licensee of the service to change the protected minimum median field strength from 66 dBµV/m to 60 dBµV/m;
  • the addition of a technical specification for a transmitter used by a community radio broadcasting service in the Amata RA1 licence area, which the ACMA intended to add in a previous variation of the Remote LAP.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note entitled “Carve-outs” (available free of charge 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.

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 – Remote Central and Eastern Australia Radio. The instrument makes radiofrequency spectrum available and amends transmitter specifications for commercial radio broadcasting services, community radio broadcasting services, national radio broadcasting services and open narrowcasting radio services in remote licence areas covering large parts of Australia. Most of the changes do not affect the manner in which such broadcasting services are provided; however, some increase the areas served by some commercial radio broadcasting services.

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 – Remote Central and Eastern Australian Radio – 2021 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Remote Central and Eastern Australian Radio – 2021 (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. 

The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

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 provides for the Remote LAP (F2005B01472) to be varied as set out in Schedule 1 of the instrument.

Schedule 1–Variation

Part 1 Changes affecting Remote Commercial Radio Service Central Zone RA1 licence area

Part 1 of Schedule 1 to the instrument modifies Schedule One and Attachments 1.2 to 1.41 of the Remote LAP.

Item 1 amends Schedule One to change the transmitter specification number for, and the area served by, a transmitter used for the service provided under commercial radio broadcasting licence SL10147 (Pinnaroo transmitter), to reflect the extension of services into Lameroo, South Australia.

Item 33 amends Attachment 1.33, which is the technical specification for the Pinnaroo transmitter, to change the nominal location, site coordinates and transmitter specification number of the transmitter, to increase the maximum ERP of the transmitter, and to increase in the maximum antenna height. These changes will allow the relevant commercial radio broadcasting service to extend into Lameroo, South Australia.

Items 2 to 32 and 34 to 41 amend Attachments 1.2 to 1.41 (except Attachment 1.33) of the Remote LAP, which are technical specifications for transmitters that are used for the service provided under commercial radio broadcasting licence SL10147. The changes made by these items are minor amendments that do not change the way the services are provided. Changes to the technical specifications are as follows:

  • transformation of site coordinates for the nominal location of these transmitters to latitude and longitude format using GDA94 for all the Attachments;
  • updating nominal location names for greater accuracy or as a result of changes in naming and formatting conventions, in Attachments 1.2, 1.5, 1.8 to 1.11, 1.13, 1.14, 1.16, 1.19, 1.21 to 1.23, 1.27, 1.30, 1.32, 1.34, 1.36 to 1.38 and 1.41;
  • increase of the maximum antenna height of the transmitters used to provide the relevant commercial broadcasting service to Bourke on 102.5 MHz in Attachment 1.6, from 30 m to 40 m. This authorises the infrastructure that has been implemented by the licensee.

Part 2 Changes affecting Remote Commercial Radio Service North East Zone RA1 licence area

Part 2 of Schedule 1 to the instrument modifies Schedule Two and Attachments 2.2 to 2.15 and 2.17 to 2.93 of the Remote LAP. It also inserts some new Attachments, and repeals an Attachment.

Item 42 amends Schedule Two to insert the details of new technical specifications that are being added to the Remote LAP, for new transmitters to be used for the services provided under commercial radio broadcasting licence SL10216 at Wauchope, New South Wales, (SL10216 Wauchope transmitter) and under commercial radio broadcasting licence SL1150711 at Wauchope, New South Wales (SL1150711 Wauchope transmitter) and at Nyngan, New South Wales, (SL1150711 Nyngan transmitter), to reflect the extension of services into these areas.

Item 57 repeals Attachment 2.16, removing the technical specification for a transmitter on 89.5 MHz at Comboyne, New South Wales. This transmitter is planned for commercial broadcasting licence SL10216, but is not currently being used. The repeal of this attachment allows the frequency to be used instead by the SL10216 Wauchope transmitter.

Item 76 amends Attachment 2.35, which is the technical specification for a transmitter used for the service provided under licence SL10216, on 94.5 MHz at Miles in Queensland. The item changes the nominal location and site coordinates of the transmitter, increases the maximum ERP of the transmitter in different directions, and adds an advisory note, specifying that a transmission in accordance with the planned specification is protected to a minimum median field strength of 60 dBµV/m against interference from other broadcasting services.

Item 92 inserts new Attachment 2.50A, planning the SL10216 Wauchope transmitter. New Attachment 2.50A is set out in Part 1 of Schedule 2 to the instrument.

Item 121 amends Attachment 2.79, which is the technical specification for a transmitter used for the service provided under licence SL1150711, on frequency 101.3 MHz at Miles in Queensland. The item changes the nominal location and site coordinates of the transmitter, and increases the maximum ERP of the transmitter in different directions, allowing the service to reach more areas around Miles.

Item 125 inserts new Attachment 2.82A, planning the SL1150711 Nyngan transmitter. New Attachment 2.82A is set out in Part 2 of Schedule 2 to the instrument.

Item 135 inserts new Attachment 2.91A, planning the SL1150711 Wauchope transmitter. New Attachment 2.91A is set out in Part 3 of Schedule 2 to the instrument.

Items 43 to 56, 58 to 75, 77 to 91, and 93 to 95 amend existing Attachments 2.2 to 2.53 of the Remote LAP, which are technical specifications for transmitters that are used for the service provided under licence SL10216. Items 96 to 120, 122 to 124, 126 to 134, 136 and 137 amend existing Attachments 2.54 to 2.93, which are technical specifications for transmitters that are used for the service provided under licence SL1150711. The changes made by these all of these items are minor amendments that do not change the way the services are provided. Changes to the technical specifications are as follows:

  • transformation of site coordinates for the nominal location of these transmitters to latitude and longitude format using GDA94 for all the Attachments;
  • updating nominal location names for greater accuracy or as a result of changes in naming and formatting conventions, in Attachments 2.2 to 2.6, 2.9 to 2.13, 2.15, 2.17, 2.18, 2.20 to 2.23, 2.25 to 2.33, 2.36 to 2.40, 2.42, 2.44 to 2.47, 2.50 to 2.56, 2.60 to 2.62, 2.64 to 2.66, 2.68 to 2.71, 2.73 to 2.78, 280 to 2.83, 2.85 to 2.88, and 2.91 to 2.93;
  • increase of the maximum antenna height of the transmitter used to provide the commercial broadcasting service under licence SL10216 to Bourke on 104.9 MHz in Attachment 2.9, from 30 m to 40 m. This authorises the infrastructure that has been implemented by the licensee;
  • changes to the advisory notes for the transmitters planned in Attachments 2.39, 2.40, 2.42, 2.46, 2.83 and 2.87.

Part 3  Changes affecting national radio broadcasting services and open narrowcasting services

Part 3 of Schedule 1 to the instrument modifies Attachments 3.2 to 3.126 of the Remote LAP.

Items 138 to 249 amend Attachments 3.2 to 3.113 of the Remote LAP, which are technical specifications for transmitters used to provide national radio broadcasting services. Items 250 to 261A amend Attachments 3.114 to 3.126 of the Remote LAP, which are technical specifications of transmitters used to provide open narrowcasting radio services. The changes made by these all of these items are minor amendments that do not change the way the services are provided. Changes to the technical specifications are as follows:

  • transformation of site coordinates for the nomination location of these transmitters to latitude and longitude format using GDA94 for all the Attachments;
  • updating nominal location names for greater accuracy or as a result of changes in naming and formatting conventions for Attachments 3.2 to 3.12, 3.14 to 3.17, 3.20 to 3.87, 3.92 to 3.117, and 3.119 to 3.126;
  • changes to advisory notes and the drafting of special conditions for the transmitters planned in Attachments 3.48, 3.50, 3.61, 3.77, 3.93, 3.97, 3.103, 3.108 to 3.110 and 3.113 to 3.126;
  • changes to the permitted polarisation of transmitters, from vertical to mixed, as a result of a change in planning approach for Attachments 3.89 to 3.91, 3.94 and 3.95.

Part 4  Changes affecting community radio broadcasting services

Part 4 of Schedule 1 to the instrument modifies a series of Attachments of the Remote LAP that plan the technical specifications of transmitters used to provide community radio broadcasting services in different licences areas in remote parts of Australia.

Item 282 inserts Attachment 6.2 into the Remote LAP, which is the technical specification for a transmitter used to provide a community radio broadcasting service in the Amata RA1 licence area. The ACMA had previously decided to substitute new technical specifications for this transmitter into the Remote LAP in 2017, but did not include the necessary provision in the instrument at that time. Those technical specifications are contained in new Attachment 6.2, which is set out in Part 4 of Schedule 2 to the instrument.

Items 262 to 281 and 283 to 332 amend the series of Attachments which are technical specifications of transmitters used to provide community radio broadcasting services in various licence areas planned in the Remote LAP. The changes made by all of these items are minor amendments that do not change the way the services are provided.  Changes to the technical specifications are as follows:

  • transformation of site coordinates for the nomination location of these transmitters to latitude and longitude format using GDA94 for all the Attachments;
  • updating nominal location names for greater accuracy or as a result of changes in naming and formatting conventions for Attachments 4.2, 4.4 to 4.15, 4.17, 4.18, 4.20, 5.2, 7.2, 9.2, 10.2, 11.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.2, 20.2, 22.2, 23.2, 24.2, 25.2, 26.2, 29.2, 31.2, 39.2, 41.2, 42.2, 47.2, 49.2, 50.2, 51.2, 54.2, 55.2 and 56.2;
  • changes to the permitted polarisation of transmitters, from vertical to mixed, as a result of a change in planning approach for Attachments 4.2, 4.6 to 4.11, 4.13, 4.14, 4.16, 4.17, 4.19, 4.20, 5.2, 15.2, 19.2, 23.2, 25.2, 36.2, 40.2, 45.2, 49.2, 52.2, 53.2, 54.2 and 55.2.

 

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