EXPLANATORY STATEMENT
Section 26 – Legislative Instruments Act 2003
© Commonwealth of Australia 2006
This work is copyright. Apart from fair dealings for the purpose of private study, research, criticism or review, as permitted by the Copyright Act 1968, no part may be reproduced or transmitted, in any form or by any means or process, without the written permission of the publishers.
Published by the Australian Communications and Media Authority
PO Box 78
CANBERRA ACT 2616
Variation to Licence Area Plan for Remote Central and Eastern Australia – No. 1 of 2006 made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 30 March 2006, ACMA made a variation to the Licence Area Plan for Remote Central and Eastern Australia Radio. The variation was made under section 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The licence area plan and variations
ACMA prepares licence area plans under section 26(1) of the BSA. Licence area plans 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.
ACMA may vary licence area plans under section 26(2) of the BSA.
The ABA made the Licence Area Plan for Remote Central and Eastern Australia Radio on 14 October 1996. It is referred to in this explanatory statement as “the licence area plan”.
Intended impact and effect
In relation to broadcasting services, the instrument varies the licence area plan to:
● vary the technical specifications for commercial radio broadcasting service with service licence number (SL) 10147 (broadcasting as 8SAT) to serve the general areas of Bourke in NSW, Ceduna/Smoky Bay, Coober Pedy, Kapunda, Kingscote, Kingston SE, Pinnaroo, Roxby Downs, Streaky Bay and Woomera in SA, Jabiru and Nhulunbuy in NT;
● vary the technical specifications for commercial radio broadcasting service with service licence number (SL) 10147 (broadcasting as 8SAT) at Keith, Lameroo, Marysville, Port Vincent, The Gap and Yorketown for which the varied specifications also change the general areas to be served to Coonalpyn, Karoonda, Lake Mountain, Maitland, Padthaway East and Minlaton respectively.
● remove redundant technical specifications for commercial radio broadcasting service with service licence number (SL) 10147 previously intended to serve the general areas of Bordertown and Fairview in SA;
● vary the technical specifications for commercial radio broadcasting service with service licence number (SL) 10216 (broadcasting as 4RBL) to serve the general areas of Chinchilla, Dirranbandi, Taroom, Wandoan and Weipa in QLD; and
● provide for three additional transmitters for commercial radio broadcasting service with service licence number (SL) 1150711 (broadcasting as 4RBZ) to serve the general areas of Bourke in NSW and Chinchilla and Weipa in QLD;
ACMA intends the effect of the variation to:
● rectify deficiencies in reception and improve coverage in the communities of Bourke, Ceduna/Smoky Bay, Coober Pedy, Jabiru, Kapunda, Coonalpyn, Kingscote, Kingston SE, Karoonda, Lake Mountain, Nhulunbuy, Pinnaroo, Maitland, Roxby Downs, Padthaway East, Woomera and Minlaton of the commercial radio broadcasting service broadcasting as 8SAT;
● rectify deficiencies in reception and improve coverage in the communities of Chinchilla, Dirranbandi, Taroom, Wandoan and Weipa of the commercial radio broadcasting service broadcasting as 4RBL; and
● provide coverage to the communities of Bourke, Chinchilla and Weipa of the commercial radio broadcasting service broadcasting as 4BRZ;
The instrument also updates the description of the licence area in the licence area plan. ACMA intends the effect of that variation to redefine the Remote Central Zone licence area in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. ACMA does not intend that the licence area is to be altered in a substantial way.
The instrument also makes minor and technical variations to the licence area plan to:
- correct previous drafting errors; and
- delete information, that was included for reference only, that does not form part of the licence area plan and which may be confusing.
ACMA intends the effect of the minor and technical variations to be to clarify the rights and obligations of radio broadcasting licensees in the remote central and eastern areas of Australia. ACMA does not intend the variation to alter those rights and obligations.
Consultation
Since December 2000, the ABA had received numerous unsolicited requests from the licensee of the commercial radio service in the Remote Central Zone licence area to improve coverage of the service throughout seventeen communities within the licence area.
In 2004 and 2005, the ABA received various unsolicited requests from the licensee of the commercial radio service in the Remote North East Zone licence area for technical changes to its services at Bourke, Chinchilla, Dirranbandi, Taroom and Wandoan. The licensee also requested that additional channel capacity be made available for its additional commercial radio service at Bourke, Chinchilla and Weipa.
Before making a decision to vary the licence area plan, ACMA undertook the following steps by way of consultation:
- On 5 September 2005, ACMA published the following papers on its website:
- a proposed variation to the licence area plan in the same form as the instrument;
- a proposed variation to the designation of licence areas for Remote Central and Eastern Australia radio;
- a proposed variation to the frequency allotment plan as it relates to proposal in the instrument for Remote Central and Eastern Australia radio; and
- an explanatory paper about the changes proposed and inviting public comment by 30 September 2005.
- On 3 September 2005, ACMA placed an advertisement in “The Australian” newspaper outlining the effect of the draft variation on the licence area plan, providing details of how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.
- ACMA wrote to licensees providing radio broadcasting services to the Remote Central Zone and Remote North East Zone licence areas to advise them of the release of the draft variation and explanatory paper and to invite their comments.
- ACMA wrote to licensees providing radio broadcasting services in adjacent licence areas to the Remote Central Zone licence area to advise them of the release of the draft variation and explanatory paper and to invite their comments.
- ACMA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, the Australian Subscription Television and Radio Association, Commercial Radio Australia, Broadcast Australia, Digital Broadcasting Australia, AirServices Australia, to advise them of the release of the draft variation and explanatory paper and to invite their comments.
ACMA received 8 submissions on the draft variation.
Description of the provisions of the instrument
Clause (1)(a) of the instrument varies the text in clause (2) of the determination in the licence area plan so that it refers to attachments 1.2, 1.4-1.6 and 1.8-1.26 containing the technical specifications for the commercial radio broadcasting service with service licence number (SL) 10147 (broadcasting as 8SAT). The variation to the text takes into account the omission of attachments 1.3 and 1.7 in this instrument. However, it does not vary the determination to make reference to additional attachments.
Clause (1)(b) of the instrument varies the text in clause (3) of the determination in the licence area plan so that it refers to attachments to 2.54, 2.55 and 2.56. Those attachments are inserted into the licence area plan by this instrument and contain the technical specifications for additional transmitters for the commercial radio broadcasting service with the service licence number (SL) 1150711 (broadcasting as 4BRZ) to serve the Bourke area of NSW and the Chinchilla and Weipa areas of Queensland.
Clause (2) of the instrument varies schedules one and two to the licence area plan. The schedules set out details of the commercial radio broadcasting services that are to be available on particular frequencies in the Remote Central Zone and Remote North East licence areas. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the radio broadcasting services and specifies the attachments to the licence area plan that contains the technical specification for each of those transmitters.
Clause (2)(a) of the instrument deletes Schedule One of the licence area plan and substitutes an updated schedule. The updated schedule provides details of transmitters for the commercial radio broadcasting services (SL) 10147 (broadcasting as 8SAT).
Clause (2)(b) of the instrument deletes Schedule Two of the licence area plan and substitutes an updated schedule. The updated schedule provides details of transmitters for the commercial radio broadcasting services (SL) 10216 (broadcasting as 4RBL) and (SL) 1150711 (broadcasting as 4BRZ). The updated schedule provides details of additional transmitters for the commercial radio broadcasting service (SL) 1150711 (broadcasting as 4BRZ) at Bourke, Chinchilla and Weipa.
Clause (3)(a) of the instrument deletes attachment 1.1 of the licence area plan and substitutes attachment 1.1 of the instrument. Attachment 1.1 of this instrument contains a definition of the Remote Central Zone licence area for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) in terms used by the Australian Bureau of Statistics at its most recent Census.
Clause 3(b) of the instrument deletes attachment 1.3 from the licence area plan. Attachment 1.3 contained the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Bordertown area of SA. The area of Bordertown will be served by the 8SAT service at Padthaway East as described in Attachment 1.24 of the instrument.
Clause 3(c) of the instrument omits attachment 1.4 of the licence area plan and substitutes attachment 1.4 of the instrument. This attachments varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Bourke area. The substituted technical specification changes the transmitter power.
Clause 3(d) of the instrument omits attachments 1.5 of the licence area plan and substitutes attachment 1.5 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Coober Pedy area. The substituted technical specification changes the transmitter site, polarisation, maximum antenna height and transmitter power.
Clause 3(e) of the instrument omits attachments 1.6 from the licence area plan and substitutes attachments 1.6 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Coober Pedy area. The substituted technical specification changes the polarisation and transmitter power.
Clause 3(f) of the instrument deletes attachment 1.7 from the licence area plan. Attachment 1.7 contained the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Fairview area of SA. The area of Fairview will be served by the 8SAT service at Padthaway East as described in Attachment 1.24 of the instrument.
Clause 3(g) of the instrument omits attachment 1.9 from the licence area plan and substitutes attachment 1.9 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Jabiru area. The substituted technical specification changes the transmitter power.
Clause 3(h) of the instrument omits attachment 1.10 from the licence area plan and substitutes attachment 1.10 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Kapunda area. The substituted technical specification changes the radiation pattern and transmitter power.
Clause 3(i) of the instrument omits attachment 1.11 from the licence area plan and substitutes attachment 1.11 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from Keith to Coonalpyn. The substituted technical specification also changes the transmitter site, antenna height, radiation pattern and transmitter power.
Clause 3(j) of the instrument omits attachment 1.12 from the licence area plan and substitutes attachment 1.12 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Kingscote area. The substituted technical specification changes the transmitter site, frequency, antenna height, radiation pattern and transmitter power.
Clause 3(k) of the instrument omits attachment 1.13 from the licence area plan and substitutes attachment 1.13 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Kingston SE area. The substituted technical specification changes the transmitter site, radiation pattern and transmitter power.
Clause 3(l) of the instrument omits attachment 1.14 from the licence area plan and substitutes attachment 1.14 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from Lameroo to Karoonda. The substituted technical specification also changes the transmitter site, polarisation, antenna height, radiation pattern and transmitter power.
Clause 3(m) of the instrument omits attachment 1.15 from the licence area plan and substitutes attachment 1.15 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from Marysville to Lake Mountain. The substituted technical specification also changes the transmitter site, antenna height, radiation pattern and transmitter power.
Clause 3(n) of the instrument omits attachment 1.19 from the licence area plan and substitutes attachment 1.19 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Pinnaroo area. The substituted technical specification changes the transmitter site, polarisation, antenna height, radiation pattern and transmitter power.
Clause 3(o) of the instrument omits attachment 1.20 from the licence area plan and substitutes attachment 1.20 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from Port Vincent to Maitland. The substituted technical specification also changes the transmitter site, frequency, antenna height, polarisation, radiation pattern and transmitter power.
Clause 3(p) of the instrument omits attachment 1.21 from the licence area plan and substitutes attachment 1.21 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Roxby Downs area. The substituted technical specification changes the antenna height, radiation pattern and transmitter power.
Clause 3(q) of the instrument omits attachment 1.22 from the licence area plan and substitutes attachment 1.22 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Streaky Bay area. The substituted technical specification changes the transmitter site, antenna height, radiation pattern and transmitter power.
Clause 3(r) of the instrument omits attachment 1.24 from the licence area plan and substitutes attachment 1.24 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from The Gap to Padthaway East. The substituted technical specification also changes the transmitter site, frequency, antenna height, radiation pattern and transmitter power.
Clause 3(s) of the instrument omits attachment 1.25 from the licence area plan and substitutes attachment 1.25 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) to serve the Woomera area. The substituted technical specification changes the transmitter site.
Clause 3(t) of the instrument omits attachment 1.26 from the licence area plan and substitutes attachment 1.26 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10147 (broadcasting as 8SAT) by changing the area served from Yorketown to Minlaton. The substituted technical specification also changes the transmitter site, frequency, antenna height, polarisation, radiation pattern and transmitter power.
Clause 3(u) of the instrument omits attachment 2.6 from the licence area plan and substitutes attachment 2.6 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10216 (broadcasting as 4RBL) to serve the Chinchilla area. The substituted technical specification changes the transmitter site and transmitter power.
Clause 3(v) of the instrument omits attachment 2.12 from the licence area plan and substitutes attachment 2.12 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10216 (broadcasting as 4RBL) to serve the Dirranbandi area. The substituted technical specification changes the transmitter site, frequency and antenna height.
Clause 3(w) of the instrument omits attachment 2.25 from the licence area plan and substitutes attachment 2.25 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10216 (broadcasting as 4RBL) to serve the Taroom area. The substituted technical specification changes the transmitter site and antenna height.
Clause 3(x) of the instrument omits attachment 2.28 from the licence area plan and substitutes attachment 2.28 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10216 (broadcasting as 4RBL) to serve the Wandoan area. The substituted technical specification changes the transmitter site, frequency and antenna height.
Clause 3(y) of the instrument omits attachment 2.30 from the licence area plan and substitutes attachment 2.30 of the instrument. This attachment varies the technical specification for the commercial radio broadcasting service (SL) 10216 (broadcasting as 4RBL) to serve the Weipa area. The substituted technical specification changes the transmitter power.
Clause 3(z) of the instrument inserts attachments 2.54, 2.55 and 2.56 into the licence area plan. Those attachments contain the technical specifications for additional transmitters for the commercial radio broadcasting service (SL) 1150711 (broadcasting as 4BRZ) to serve the Bourke, Chinchilla and Weipa areas.
The technical specifications for those services or transmitters include the following characteristics:
- The nominal transmitter site;
- The frequency on which the service may be transmitted;
- Other emission details; and
- The output radiation pattern (including power limitations).