EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Townsville Radio 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Townsville Radio 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 – Townsville Radio – October 1997 (F2005B00912) (Townsville LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Townsville area of Queensland. It makes spectrum available for new FM infill transmitters in Ayr and Home Hill within the Townsville RA1 licence area, for use by the 4TSV commercial radio broadcasting service (4TSV service), the 4TOO commercial radio broadcasting service (4TOO service), the 4RGT commercial radio broadcasting service (4RGT service) and the 4RGR commercial radio broadcasting service (4RGR service).
The instrument also varies the technical specification of an existing transmitter for the 4PIB community radio broadcasting service (4PIB service) in the Palm Island RA1 licence area; and makes spectrum available for two infill transmitters for this 4PIB service to serve Palm Island North and Palm Island South, within the Palm Island RA1 licence 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 Townsville LAP. Further details of 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 Townsville 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 free of charge 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 Townsville LAP, the ACMA invited comment on a consultation paper which explained the proposed variations to the Townsville LAP. The consultation paper provided the background to the proposal and was published on the ACMA website on 13 June 2019. The ACMA invited comment on the proposal from the national broadcasters, and broadcasting licensees in the licence area and in overlapping and adjacent radio licence areas. Comment was also sought from state MPs and local government.
The consultation period ended on 19 July 2019 and the ACMA received no submissions in relation to the Townsville LAP proposals.
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 – Townsville Radio – October 1997. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Townsville RA1, RA2 and RA3 licence areas, the Bowen RA1 licence area and the Palm Island 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 – Townsville Radio 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Townsville Radio 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 Variation
This section varies the Townsville LAP as set out in paragraphs (a) to (bb).
Paragraph 4(a) renames the Townsville LAP as the “Licence Area Plan – Townsville Radio”.
Paragraph 4(b) amends clause (3) by varying the reference to the series of Attachments contained in the instrument so that it reads “Attachments 2.2 – 2.4”.
Paragraph 4(c) amends clause (4) by updating the reference to the number of national radio broadcasting services and omitting and substituting the series of Attachments contained in the instrument so that it reads “Attachments 3.2 - 3.29”.
Paragraph 4(d) omits clause (7) and substitutes a new clause (7) of the Townsville LAP. The new clause (7) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Townsville 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. Clause (7) 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(e) omits the existing Schedules One, Two, Three, Four and Five and inserts new Schedules One, Two, Three, Four and Five, updating the references to the services available in each licence area so that they accurately reflect the details specified in each of the Attachments.
Paragraph 4(f) amends Attachment 1.1 by amending the headings.
Paragraph 4(g) amends the General Area Served text in Attachment 1.2 and Attachment 3.10 so that it reads “Bowen Town (QLD)” and replaces the Nominal Location text so that it reads “Southern Cross Broadcasting Site Bowen Hill BOWEN”. It also amends the coordinates of the Australian Map Grid Reference and increases the maximum antenna height in Attachment 1.2 and Attachment 3.10.
Paragraph 4(h) amends Attachment 2.1 by amending the headings and reorders the items in the Note by placing them into alphabetical order.
Paragraph 4(i) inserts new Attachments 2.2, 2.3 and 2.4 (contained in Schedule 2 to the instrument). Attachments 2.3 and 2.4 implement the 4PIB service respectively in Palm Island North and Palm Island South.
Paragraph 4(j) amends Attachment 3.1 by amending the headings and reordering the items in the Note and placing the text into alphabetical order.
Paragraph 4(k) amends Attachments 3.2, 3.4, 3.6 and 3.8 by amending the coordinates of the Australian Map Grid Reference and increasing the maximum antenna height.
Paragraph 4(l) amends Attachments 3.3, 3.5, 3.7 and 3.9 to replace the Nominal Location text so that it reads “Prime FM Tower Southern Cross Austereo Site Mount Stuart Road MOUNT STUART”. It also amends the coordinates of the Australian Map Grid Reference and replaces the Output Radiation Pattern table in these Attachments.
Paragraph 4(m) amends Attachments 3.11, 3.12 and 3.14 to replace the Nominal Location text so that it reads “Broadcast Australia Site Mount Stuart Rd MOUNT STUART”. It also amends the coordinates of the Australian Map Grid Reference and replaces the Output Radiation Pattern table in these Attachments.
Paragraph 4(n) amends Attachment 3.13 to replace the Nominal Location text so that it reads “Broadcast Australia Site Jack Road BRANDON”. It also amends the coordinates of the Australian Map Grid Reference and replaces Notes with a Special Condition.
Paragraph 4(o) amends Attachments 3.15, 3.16 and 3.17 to replace the Nominal Location text so that it reads “Telstra Radio Terminal 8 Sterling Drive CASTLE HILL”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(p) amends the General Area Served text in Attachment 3.18 so that it reads “Ayr/Home Hill (QLD)” and replaces the Nominal Location text so that it reads “Telstra Radio Terminal 12km SE of Home Hill MT INKERMAN”. It also amends the coordinates of the Australian Map Grid Reference, updates the polarisation to “Mixed” and replaces the Special Condition with an Advisory Note.
Paragraph 4(q) amends the General Area Served text in Attachment 3.19 so that it reads “Bowen Town (QLD)” and replaces the Nominal Location text so that it reads “Nominal Planning Site Bowen Hill off Reynolds Street BOWEN”. It also amends the coordinates of the Australian Map Grid Reference, increases the maximum antenna height and replaces the Special Condition with an Advisory Note.
Paragraph 4(r) amends Attachment 3.20 to replace the Nominal Location text so that it reads “Nominal Planning Site Haig Street INGHAM”. It also amends the coordinates of the Australian Map Grid Reference, updates the polarisation to “Mixed” and replaces the Special Condition with an Advisory Note.
Paragraph 4(s) amends Attachment 3.21 to replace the Nominal Location text so that it reads “Nominal Planning Site off Cape Cleveland Rd 13km NW of CUNGULLA CAPE CLEVELAND”. It also amends the coordinates of the Australian Map Grid Reference, updates the text so that it reads “Special Condition”, and adds an Advisory Note.
Paragraph 4(t) amends Attachment 3.22 by amending the coordinates of the Australian Map Grid Reference and replaces the Special Condition with an Advisory Note.
Paragraph 4(u) inserts new Attachments 3.23 – 3.29, (contained in Schedule 3 to the instrument). In particular, Attachments 3.26, 3.27, 3.28 and 3.29 respectively implement the 4TSV service, the 4TOO service, the 4RGT service and the 4RGR service.
Paragraph 4(v) amends Attachment 4.1 by amending the headings and reordering the items in the Note to place the text in alphabetical order.
Paragraph 4(w) amends Attachment 4.2 by updating the coordinates of the Australian Map Grid Reference and increases the maximum antenna height.
Paragraph 4(x) amends Attachment 4.3 by replacing the Nominal Location text so that it reads “Broadcast Australia Site Mount Stuart Rd MOUNT STUART”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(y) amends Attachment 5.1 by amending the headings and reordering the items in the Note by placing the text into alphabetical order.
Paragraph 4(z) amends Attachment 5.2 by replacing the Nominal Location text so that it reads “4TTT Site MT STUART”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(aa) amends Attachment 5.3 by replacing the Nominal Location text so that it reads “Broadcast Australia Site Mount Stuart Road MOUNT STUART”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(bb) amends Attachments 1.2, 3.2 – 3.22, 4.2, 4.3, 5.2 and 5.3 by replacing the Licence Area Plan text so that it reads “Townsville Radio” and replaces the Site Tolerance text so that it reads “Refer to Broadcasting Services (Technical Planning) Guidelines 2017”.