EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – sYDNEY Radio – No.1 of 2013
Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA).
The ACMA has made a variation to the licence area plan (LAP) for Sydney radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.
The LAP and variations to the LAP
The ACMA prepares LAPs under subsection 26(1) of the BSA. 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The Licence Area Plan for Sydney Radio – December 1999 was determined on 16 December 1999 and varied on 28 March 2002, 29 July 2004 and 8 December 2006.
It is referred to in this explanatory statement as “the Sydney LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Sydney area by:
- changing the frequency (from 1476 kHz to 1386 kHz) and modifying the radiation pattern by changing the cymomotive force (CMF) values of the Penrith high power open narrowcasting (HPON) radio service currently operating on 1476 kHz;
- changing the frequency to 783 kHz of the planned but unallocated Sydney community radio broadcasting service on 1386 kHz to accommodate the frequency change for the Penrith HPON service; and
- changing the polarisation (vertical to mixed) of the Campbelltown commercial radio broadcasting service 2MAC.
The variation also deletes some material, included for reference only, that does not form part of the Sydney LAP and which may create confusion, and also makes some minor amendments to revise the drafting of the Sydney LAP. It also updates the definitions of the existing commercial and community radio licence areas so that they are defined in terms of the Australian Bureau of Statistics (ABS) 2006 census data.
The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Sydney area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.
Regulatory Impact Analysis
The ACMA has consulted the Office of Best Practice Regulation (OBPR) which has formed the opinion that the proposed regulation is likely to have no or low impact on business or the economy; and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.
The OBPR has issued an exemption reference number: ID 14537.
Consultation
Before making a decision to vary the Sydney LAP, the ACMA undertook the following consultation:
- On 13 March 2013, the ACMA published the following papers on its web site:
- a draft variation instrument;
- an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 26 April 2013; and
- a media release announcing the draft variation.
- On 13 March 2013, the ACMA wrote to the licensees providing radio broadcasting services in the Sydney, Lithgow and Katoomba areas to advise them of the release of the draft variation and to invite their comments by 26 April 2013.
Submissions
The ACMA received five submissions on the draft instrument and took them into account in making the variation.
Description of the provisions of the variation
Clause 1
Clause 1 identifies that the ACMA makes the variation under subsection 26(2) of the BSA.
Clause 2
Clause 2 names the variation the Variation to the Licence Area Plan for Sydney Radio – No 1 of 2013.
Clause 3
Clause 3 provides that the variation commences the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 4(a)
Paragraph 4(a) renames the Sydney LAP as Licence Area Plan – Sydney Radio.
Paragraph 4(b)
Paragraph 4(b) amends the heading on the title page of the Sydney LAP so that it reads “Licence Area Plan - Sydney Radio”.
Sub-paragraph 4 (c)(i)
Sub-paragraph 4(c)(i) amends the heading on the page after the title page of the Sydney LAP so that it reads “Licence Area Plan – Sydney Radio”.
Sub-paragraph 4 (c)(ii)
Sub-paragraph 4(c)(ii) omits the heading “Determination” from the page after the title page of the Sydney LAP.
Paragraph 4 (d)
Paragraph 4(d) omits clause 1 and substitutes a new clause 1 into the Sydney LAP.
The new clause 1 amends the existing first paragraph to better reflect that the Sydney LAP is for radio broadcasting services in the Sydney area of New South Wales, and is made under subsection 26(1) of the BSA.
Paragraph 4(e)
Paragraph 4(e) changes all references to “Determination” to “plan” throughout the operative part of the Sydney LAP.
Paragraph 4(f)
Paragraph 4(f) omits all text appearing immediately under the heading “DISCLAIMER” after Schedule Eighteen (including the heading itself). The material was originally included for reference only is no longer considered relevant or necessary.
Paragraph 4(g)
Paragraph 4(g) omits Schedule One and substitutes a new Schedule One into the Sydney LAP.
Schedule One sets out the details of the national, commercial and community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Sydney RA1 licence area.
In particular, the Schedule provides the technical specification numbers for each transmitter to be used by the services in the licence area, and specifies the attachments which contain the technical specification for each of those transmitters.
The new Schedule One removes the words “– December 2006” from the heading. This material was originally included for reference only and is no longer considered relevant or necessary. It also changes the frequencies for the Penrith HPON service and the unallocated Sydney community radio broadcasting service.
Paragraph (4)(h)
Paragraph(4)(h) omits Attachments 1.1, 1.27, 1.28, 2.1, 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1, 16.1, 17.1 and 18.1 and substitutes new Attachments having those same numbers into the Sydney LAP.
The new Attachment 1.27 contains the revised technical specifications for the unallocated community radio broadcasting service at Homebush Bay.
The new Attachment 1.27 has been varied so that: the heading reads ‘LICENCE AREA PLAN: Sydney Radio’; the Specification Number has been changed to reflect the change in frequency; the Site Tolerance Field refers to the Broadcasting Services (Technical Planning) Guidelines 2007; the Carrier Frequency has been changed to reflect the new frequency assigned to the service; and the Output Radiation Pattern has been modified to reflect the new effective radiation pattern for the service.
The new Attachment 1.28 contains the revised technical specifications for the HPON service at Penrith. The new Attachment 1.28 has been varied so that: the heading reads ‘LICENCE AREA PLAN: Sydney Radio’; the specification number has been changed to reflect the change in frequency; the Australian Map Grid Reference has been changed to better reflect the Nominal Location of the transmitter site; the Site Tolerance Field refers to the Broadcasting Services (Technical Planning) Guidelines 2007; the Carrier Frequency has been changed to reflect the new frequency assigned to the service; and the Output Radiation Pattern has been modified to reflect the new effective radiation pattern for the service. A special condition has also been removed as it is no longer relevant to the operation of the service.
The new Attachments 1.1, 2.1, 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1, 16.1, 17.1 and 18.1 update the definitions of the Sydney Radio RA1, Western Suburbs RA1, Campbelltown RA1, Bankstown RA1, Blacktown RA1, Burwood RA1, Chatswood RA1, Hornsby RA1, Liverpool RA1, Manly RA1, Narwee RA1, Parramatta RA1, Penrith RA1, Ryde RA1, Sutherland RA1, Sydney RA2, Waverley RA1 and Windsor RA1 licence areas in accordance with 2006 census data but otherwise remain unchanged.
Paragraph 4(i)
Paragraph 4(i) varies Attachment 3.2 by omitting the word ‘Vertical’ and substituting the word ‘Mixed’, which affects the polarisation of the transmitter operated for the commercial radio broadcasting service 2MAC.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Variation to Licence Area Plan – Sydney Radio – No.1 of 2013
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The legislative instrument varies the characteristics, including the technical specifications of:
- the high powered open narrowcasting (HPON) radio broadcasting service currently operating on frequency 1476 kHz at Penrith by changing its frequency to 1386 kHz and modifying its radiation pattern;
- a planned but unallocated Sydney community radio broadcasting service by changing the frequency from 1386 kHz to 783 kHz in order to facilitate the frequency change for the Penrith HPON service; and
- the commercial radio broadcasting service 2MAC operating in Campbelltown by changing its polarisation from vertical to mixed.
The legislative instrument also updates the description of the existing commercial and community radio licence areas in the Sydney LAP so that they are defined in terms used in the 2006 census.
The legislative instrument also makes minor amendments to delete information included for reference only that does not form part of the Sydney LAP and which may create confusion.
The intended impact and effect of the legislative instrument is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Sydney area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.
Human rights implications
The legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.