EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Scottsdale Radio – December 2001 – 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Scottsdale Radio – December 2001 – 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 available in particular areas of Australia with the use of the broadcasting services bands.
The Australian Broadcasting Authority determined the Licence Area Plan – Scottsdale Radio – December 2001 (F2005B00961) on 13 December 2001 (Scottsdale LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Scottsdale area of Tasmania. It makes spectrum available for two new FM infill transmitters for the 7SD commercial radio broadcasting service (7SD) and for two new FM infill transmitters for the 7RGS commercial radio broadcasting service (7RGS). The instrument also increases the power of three FM transmitters for the 7BOD community radio broadcasting service (7BOD) in the Break O’Day RA1 licence area, planned in the Scottsdale LAP, which is predicted to increase the quality of reception of the 7BOD service in that area.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial, and community radio broadcasting services, and includes a provision to state how instruments and other writing are incorporated into the Scottsdale 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 Scottsdale 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 Scottsdale LAP, the ACMA invited comment on a consultation paper which dealt with the Scottsdale LAP proposal and proposals for changes in radio planning in other areas of Tasmania, namely Burnie, Devonport, Queenstown, 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 invited comment on the proposal from the national broadcasters, and broadcasting licensees in the Scottsdale RA1 licence area and in overlapping and adjacent radio licence areas. Comment was also sought from State and Federal MPs and local government.
The consultation period ended on 5 July 2018 and the ACMA received five submissions. These submissions supported a simulcast of 7SD in both AM and FM. As was proposed in the consultation paper, the Scottsdale LAP continues to allow 7SD to transmit in AM.
One submission raised a concern about potential interference arising from the proposed variations. The matter was considered, but the risk of interference was assessed as low.
The remaining matters subject to consultation, including infill transmitters for 7SD and 7RSG and increased broadcasting power for community radio 7BOD, did not give rise to any concerns during consultation.
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 – Scottsdale Radio – December 2001. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Scottsdale RA1 licence area and the Break O’Day 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 – Scottsdale Radio –
December 2001 – 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Scottsdale Radio – December 2001 – 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 Amendments
This section varies the Scottsdale LAP as set out in paragraphs (a) to (ze).
Paragraph 4(a) renames the Scottsdale LAP as the Licence Area Plan – Scottsdale Radio.
Paragraph 4(b) omits all of the text on the relevant page.
Paragraph 4(c) removes the words “– DECEMBER 2001” and “DETERMINATION” from the heading of the Scottsdale LAP.
Paragraph 4(d) omits paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Scottsdale LAP is a plan for radio broadcasting services in the Scottsdale area of Tasmania and is made under subsection 26(1) of the Act.
Paragraph 4(e) omits each occurrence of the word “Determination” and substitutes the word “plan” in paragraph (2) of the Scottsdale LAP.
Paragraph 4(f) omits each occurrence of the word “Determination” and substitutes the word “plan” in paragraph (3) of the Scottsdale LAP.
Paragraph 4(g) omits paragraph (4) and substitutes a new paragraph (4) of the Scottsdale LAP. The new paragraph (4) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Scottsdale 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 (4) 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 the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the Scottsdale LAP.
Paragraph 4(i) removes the current Schedule One of the Scottsdale LAP and replaces it with a new Schedule One (contained in Schedule 1 to the instrument). The new Schedule One largely replicates the old Schedule One, except it makes FM frequencies available for infill transmitters for the 7SD and 7RGS services.
Paragraph 4(j) removes the current Schedule Two of the Scottsdale LAP and replaces it with a new Schedule Two (contained in Schedule 1 to the instrument). The new Schedule Two largely replicates the old Schedule Two, except as to formatting and a slight change to the name of the licence area.
Paragraph 4(k) amends Attachment 1.1 of the Scottsdale LAP by amending the headings and removing the second note.
Paragraph 4(l) replaces the Nominal Location text in Attachment 1.2 of the Scottsdale LAP so that it reads “Esk Hwy 10 km SW of FINGAL”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.2. Paragraph 4(l) also removes the current Output Radiation Pattern table in Attachment 1.2 of the Scottsdale LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 2 to the instrument).
Paragraph 4(m) replaces the Nominal Location text in Attachment 1.3 of the Scottsdale LAP so that it reads “Broadcast Australia Site off St Helens Point Rd 3km SW of STIEGLITZ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.3.
Paragraph 4(n) replaces the Nominal Location text in Attachment 1.4 of the Scottsdale LAP so that it reads “Broadcast Australia Site off St Helens Point Rd 3km SW of STIEGLITZ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.4.
Paragraph 4(o) replaces the Nominal Location text in Attachments 1.5 and 1.6 of the Scottsdale LAP so that each reads “Telstra and NTA site SOUTH SISTER”.
Paragraph 4(p) replaces the Nominal Location text in Attachments 1.7 and 1.8 of the Scottsdale LAP so that each reads “Broadcast Site near trig station WELDBOROUGH PASS”.
Paragraph 4(q) replaces the Nominal Location text in Attachment 1.9 of the Scottsdale LAP so that it reads “North Scottsdale Rd (700m past Burnside Rd heading North) NORTH SCOTTSDALE”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.9. Paragraph 4(q) also removes the current Output Radiation Pattern table in Attachment 1.9 of the Scottsdale LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 2 to the instrument).
Paragraph 4(r) inserts new Attachments 1.9A, 1.9B and 1.9C (contained in Schedule 3 to the instrument) after Attachment 1.9 of the Scottsdale LAP. New Attachments 1.9A, 1.9B and 1.9C contain the technical specifications of new FM transmitters for the 7SD service, to be available in the Scottsdale RA1 licence area.
Paragraph 4(s) replaces the Nominal Location text in Attachment 1.10 of the Scottsdale LAP so that it reads “Mt Victoria Repeater Association Site MT HORROR”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.10. Paragraph 4(s) also removes the current Output Radiation Pattern table in Attachment 1.10 of the Scottsdale LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 2 to the instrument).
Paragraph 4(t) inserts new Attachments 1.10A and 1.10B (contained in Schedule 3 to the instrument) after Attachment 1.10 of the Scottsdale LAP. New Attachments 1.10A and 1.10B contain the technical specifications of new FM infill transmitters for the 7RSG service, to be available in the Scottsdale RA1 licence area.
Paragraph 4(u) amends Attachment 1.11 of the Scottsdale LAP by removing the words “– June 2004” from the heading and replacing the Nominal Location so that it reads “Broadcast Site WELDBOROUGH PASS”.
Paragraph 4(v) amends the heading of Attachment 2.1 of the Scottsdale LAP.
Paragraph 4(w) replaces the Nominal Location text in Attachment 2.2 of the Scottsdale LAP so that it reads “Comms Site Lookout FLAGSTAFF HILL”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 2.2. Paragraph 4(w) also amends the Maximum ERP in the Output Radiation Pattern in Attachment 2.2 of the Scottsdale LAP, increasing it to 500 W.
Paragraph 4(x) replaces the Nominal Location in Attachment 2.3 of the Scottsdale LAP so that it reads “Broadcast Site South Sister ST MARYS”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 2.3. Paragraph 4(x) also amends the Maximum ERP in the Output Radiation Pattern in Attachment 2.3 of the Scottsdale LAP, increasing it to 500 W.
Paragraph 4(y) amends Attachment 2.4 of the Scottsdale LAP by removing the words “– September 2005” from the heading and amending the Maximum ERP in the Output Radiation Pattern, increasing it to 500 W. Paragraph 4(y) also omits the Special Licence Condition in Attachment 2.4 of the Scottsdale LAP and replaces it with an Advisory Note. 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.
Paragraphs 4(z), 4(za), 4(zb), 4(zc), 4(zd) and 4(ze) make some minor amendments to the text of various Attachments to the Scottsdale LAP, to make the text consistent across the Attachments and with other licence area plans.