EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plans – Warrnambool Radio and Victorian Community Radio – 2018 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plans – Warrnambool Radio and Victorian Community Radio – 2018 (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
The ACMA prepares LAPs under subsection 26(1) of the Act. 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 made the Licence Area Plan – Warrnambool Radio – December 2001 (F2005B00834) on 13 December 2001 (Warrnambool LAP) and the Licence Area Plan – Victorian Community Radio – December 2002 (F2005B01947) on 5 December 2002 (Victorian Community LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Warrnambool area of Victoria by making spectrum available for an FM transmitter for the 3YB commercial radio broadcasting service, enabling a conversion of that service from AM to FM. This also involves varying the characteristics of the 3RPH community radio broadcasting service planned in the Victorian Community LAP, converting this service from FM to AM. As a result, the instrument expands the Victorian Community LAP licence area to accommodate the wider coverage of the AM service.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters, advisory notes and special conditions for commercial and community radio broadcasting services.
Further details regarding the instrument are set out in Attachment A. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Document incorporated by reference
The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time.
The instrument amends the Warrnambool LAP to incorporate the Victorian Community LAP as in force from time to time. The instrument also amends the Victorian Community LAP to incorporate the Warrnambool LAP as in force from time to time.
The Broadcasting Services (Technical Planning) Guidelines 2017 and the relevant LAPs 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 Warrnambool LAP and the Victorian Community LAP, the ACMA invited comment on a consultation paper which provided the background to the proposals by publishing it on the ACMA website on 21 December 2017. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the licence areas and adjacent radio licence areas inviting comment on the proposal to vary the Warrnambool LAP and the Victorian Community LAP.
This consultation period closed on 15 February 2018 and the ACMA received one submission.
This submission was taken into account but did not affect the variations made by the instrument.
Regulatory impact assessment
Staff considered whether a regulatory impact analysis process was required for the instrument by undertaking a preliminary assessment, and based on this, the Office of Best Practice Regulation (OBPR) concluded that the proposed changes were likely to have a minor regulatory impact. The OBPR notes that while each licensee will be required to ensure their service operates according to the technical specifications in the LAP, conversion to FM remains at the discretion of the licensee. As such, OBPR assessed that the AM to FM conversion proposals fall under the current carve-out (ID: 13301) that applies to variations to established LAPs.
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 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 – Warrnambool Radio – December 2001 and the Licence Area Plan – Victorian Community Radio – December 2002. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Warrnambool RA1 licence area and the Victorian Community 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 Plans – Warrnambool Radio and Victorian Community Radio – 2018 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plans – Warrnambool Radio and Victorian Community Radio – 2018 (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 - Warrnambool Radio LAP
This section varies the Warrnambool LAP as set out in paragraphs (a) to (v).
Paragraph 4(a), subparagraphs (i)–(iii)
Paragraph 4(a), subparagraphs (i)–(iii) repeal the heading on the title page of the Warrnambool LAP and substitute the new heading “Licence Area Plan – Warrnambool Radio”.
Paragraph 4(b)
Paragraph 4(b) repeals the heading on the second page of the Warrnambool LAP and substitutes the new heading “LICENCE AREA PLAN – WARRNAMBOOL RADIO”.
Paragraph 4(c), subparagraphs (i)–(iii)
Paragraph 4(c), subparagraphs (i)–(iii) number each of the paragraphs on the second page of the Warrnambool LAP as paragraphs (1) to (3).
Paragraph 4(d)
Paragraph 4(d) omits paragraph (1) on the second page of the Warrnambool LAP and substitutes a new paragraph.
The new paragraph (1) provides that the Warrnambool LAP is a plan for radio broadcasting services in the Warrnambool area of Victoria and it is made under subsection 26(1) of the Act.
Paragraph 4(e)
Paragraph 4(e) omits each occurrence of the word “Determination” in paragraph (2) and substitutes the word “plan”.
Paragraph 4(f)
Paragraph 4(f) omits paragraph (3) and substitutes a new paragraph.
The new paragraph (3) provides that one community radio service is to be available in the Warrnambool RA2 licence area and details the attachments and Schedule in which the service and area are described.
Paragraph 4(g)
Paragraph 4(g) inserts a paragraph (4) following paragraph (3).
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 Warrnambool 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)
Paragraph 4(h) removes from the Warrnambool LAP the line stating when the Australian Broadcasting Authority had determined the licence area plan.
Paragraph 4(i)
Paragraph 4(i) repeals the heading “SCHEDULES” on the third page of the Warrnambool LAP and all the text on that page. This material was originally included for reference only and is no longer considered relevant or necessary.
Subparagraph 4(j)(i)
Subparagraph 4(j)(i) removes the heading “Licence Area Plan : Warrnambool Radio – December 2001” from Schedule One of the Warrnambool LAP and substitutes it with the heading “LICENCE AREA PLAN : Warrnambool Radio”.
Subparagraph 4(j)(ii)
Subparagraph 4(j)(ii) removes the column headed “Status” and all its contents from the table in Schedule One of the Warrnambool LAP.
Subparagraph 4(j)(iii)
Subparagraph 4(j)(iii) removes the row with a technical specification for Service Licence SL4160 and substitutes a new row containing two technical specifications for Service Licence SL4160 in Schedule One of the Warrnambool LAP.
Subparagraph 4(k)(i)
Subparagraph 4(k)(i) removes the heading “Licence Area Plan : Warrnambool Radio – December 2001” from Schedule Two of the Warrnambool LAP and substitutes it with the heading “LICENCE AREA PLAN : Warrnambool Radio”.
Subparagraph 4(k)(ii)
Subparagraph 4(k)(ii) removes the column headed “Status” and all its contents from the table in Schedule Two of the Warrnambool LAP.
Subparagraph 4(k)(iii)
Subparagraph 4(k)(iii) removes the row relating to the service with Specification Number TS5146001 from the table in Schedule Two.
Paragraph 4(l) and Schedule 1
Paragraph 4(l) and Schedule 1 remove Attachment 1.1 and substitute with a new Attachment 1.1. The new Attachment 1.1 redefines the Warrnambool RA1 licence area using area definitions from the Census of 5 August 2001, updates terminology and adds the licence area ID.
Subparagraph 4(m)(i)
Subparagraph 4(m)(i) removes the text “LICENCE AREA PLAN : Warrnambool Radio – December 2001” from Attachments 1.2–1.6, 1.8–1.10 and 2.3 to the Warrnambool LAP and substitutes “LICENCE AREA PLAN : Warrnambool Radio”.
Subparagraph 4(m)(ii)
Subparagraph 4(m)(ii) removes the text “Nominal location :” from Attachments 1.2–1.6, 1.8–1.10 and 2.3 to the Warrnambool LAP and substitutes “Nominal Location :”.
Subparagraph 4(m)(iii)
Subparagraph 4(m)(iii) removes the text “Refer to Technical Planning Guidelines” from Attachments 1.2–1.6, 1.8–1.10 and 2.3 in the Warrnambool LAP and substitutes “Refer to Broadcasting Services (Technical Planning) Guidelines 2017”.
Subparagraph 4(m)(iv)
Subparagraph 4(m)(iv) removes the text “Frequency Band & Mode” from Attachments 1.2–1.6, 1.8–1.10 and 2.3 to the Warrnambool LAP and substitutes “Frequency Band & Mode :”.
Paragraph 4(n) and Schedule 2
Paragraph 4(n) and Schedule 2 omit the Nominal Location text in Attachments 1.2 to 1.6, 1.8, 1.10 and 2.3 to the Warrnambool LAP and substitute new Nominal Location text, to identify the locations with greater precision.
Subparagraph 4(o)(i)
Subparagraph 4(o)(i) amends the Australian Map Grid Reference in Attachment 1.2 to the Warrnambool LAP so that it reads “54 630682 5752835”.
Subparagraph 4(o)(ii)
Subparagraph 4(o)(ii) amends the Elevation Specification of the Output Radiation Pattern in Attachment 1.2 to the Warrnambool LAP to read “0˚”.
Subparagraph 4(o)(iii)
Subparagraph 4(o)(iii) inserts a Special Condition at the end of Attachment 1.2 to the Warrnambool LAP. The Special Condition provides that the CMF at all elevations must not exceed a certain specified CMF.
Paragraph 4(p) and Schedule 3
Paragraph 4(p) and Schedule 3 remove Attachment 1.7 and substitute a new Attachment 1.7. New Attachment 1.7 contains updated technical specifications of a new transmitter for the commercial radio broadcasting service under Service Licence Number SL4160 with Technical Specification TS4160001 to be available in the Warrnambool RA1 licence area.
Paragraph 4(q) and Schedule 4
Paragraph 4(q) and Schedule 4 insert a new attachment to the Warrnambool LAP immediately following Attachment 1.7. The new Attachment 1.7A contains the technical specifications of a new transmitter for the commercial radio broadcasting service under Service Licence Number SL4160 with Technical Specification TS12000237 to be available in the Warrnambool RA1 licence area.
Subparagraph 4(r)(i)
Subparagraph 4(r)(i) removes the heading “Special Conditions :-” in Attachment 1.9 to the Warrnambool LAP and substitutes the heading “Advisory Note :-”.
Subparagraph 4(r)(ii)
Subparagraph 4(r)(ii) removes the text “this transmission is described” in the first paragraph of the Advisory Note in Attachment 1.9 to the Warrnambool LAP and substitutes “this transmission is defined”.
Subparagraph 4(r)(iii)
Subparagraph 4(r)(iii) removes the second paragraph of text in the Advisory Note in Attachment 1.9 to the Warrnambool LAP.
Subparagraph 4(s)(i)
Subparagraph 4(s)(i) removes the heading “Special Conditions :-” in Attachment 1.10 to the Warrnambool LAP and substitutes the heading “Advisory Note :-”.
Subparagraph 4(s)(ii)
Subparagraph 4(s)(ii) removes the first paragraph of the Advisory Note in Attachment 1.10 to the Warrnambool LAP and substitutes a new paragraph. This new paragraph defines the coverage area of the transmission, giving AMG co-ordinates.
Subparagraph 4(s)(iii)
Subparagraph 4(s)(iii) removes the second paragraph of text in the Advisory Note in Attachment 1.10 to the Warrnambool LAP.
Paragraph 4(t) and Schedule 5
Paragraph 4(t) and Schedule 5 remove Attachment 2.1 and substitute a new Attachment 2.1. The new Attachment 2.1 redefines the Warrnambool RA2 licence area using up-to-date terminology and adds the licence area ID.
Paragraph 4(u)
Paragraph 4(u) removes Attachment 2.2 from the Warrnambool LAP.
Paragraph 4(v)
Paragraph 4(v) removes the Special Condition from Attachment 2.3 in the Warrnambool LAP.
Section 5 Variation - Victorian Community Radio LAP
This section varies the Victorian Community LAP as set out in paragraphs (a) to (n).
Paragraph 5(a), subparagraphs (i)–(v)
Paragraph 5(a), subparagraphs (i)–(v) repeal the heading on the title page of the Victorian Community LAP and substitute the new heading “Licence Area Plan – Victorian Community Radio”.
Paragraph 5(b)
Paragraph 5(b) removes the copyright page from the Victorian Community LAP. This is in keeping with the style of other licence area plans.
Subparagraph 5(c)(i)
Subparagraph 5(c)(i) repeals the heading on the second page of the Victorian Community LAP and substitutes the new heading “LICENCE AREA PLAN – VICTORIAN COMMUNITY RADIO”.
Subparagraph 5(c)(ii)
Subparagraph 5(c)(ii) repeals the subheading “DETERMINATION” on the second page of the Victorian Community LAP.
Paragraph 5(d)
Paragraph 5(d) omits paragraphs (1) and (2) and substitutes two new paragraphs.
The new paragraph (1) provides that the Victorian Community LAP is a plan for radio broadcasting services in the Melbourne, Warragul and Warrnambool areas of Victoria and it is made under subsection 26(1) of the Act.
The new paragraph (2) provides that one community radio service is to be available in the Victorian Community RA1 licence area and details the attachments and Schedule in which the service and area are described.
Paragraph 5(e)
Paragraph 5(e) inserts a paragraph (3) following paragraph (2).
The new paragraph (3) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Victorian Community 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 (3) 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 5(f)
Paragraph 5(f) removes from the Victorian Community LAP the line stating when the Australian Broadcasting Authority had determined the licence area plan.
Paragraph 5(g)
Paragraph 5(g) repeals the heading “SCHEDULES” on the third page of the Victorian Community LAP and all the text on that page. This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 5(h) and Schedule 6
Paragraph 5(h) and Schedule 6 remove the current Schedule One in the Victorian Community LAP and replace it with a new Schedule One. The new Schedule One removes the column headed “Status” and adds a row with details for the community radio broadcasting service described at Attachment 1.4A with Technical Specification No. TS12000300.
Paragraph 5(i) and Schedule 7
Paragraph 5(i) and Schedule 7 remove Attachment 1.1 to the Victorian Community LAP and substitute a new Attachment 1.1. The new Attachment 1.1 redefines the Victorian Community RA1 licence area, expands the licence area to accommodate the fact that an AM specification has been added at Attachment 1.4A and AM coverage is generally wider than FM, and the description updates terminology and adds the licence area ID.
Paragraph 5(j)
Paragraph 5(j) removes the wording “Refer to Technical Planning Guidelines” from Attachments 1.2–1.4 in the Victorian Community LAP and substitutes “Refer to Broadcasting Services (Technical Planning) Guidelines 2017”.
Subparagraph 5(k)(i)
Subparagraph 5(k)(i) removes the text “TECHNICAL SPECIFICATION – FM Radio” from Attachment 1.2 in the Victorian Community LAP and substitutes “TECHNICAL SPECIFICATION – AM Radio”.
Subparagraph 5(k)(ii)
Subparagraph 5(k)(ii) substitutes the Nominal Location “LOWER PLENTY” in Attachment 1.2 in the Victorian Community LAP so that it reads “Broadcast Australia Site Bonds Rd LOWER PLENTY”.
Subparagraph 5(k)(iii)
Subparagraph 5(k)(iii) amends the Australian Map Grid Reference in Attachment 1.2 in the Victorian Community LAP so that it reads “55 333643 5820948”.
Subparagraph 5(k)(iv)
Subparagraph 5(k)(iv) removes the table below the heading “Output Radiation Pattern :-” in Attachment 1.2 in the Victorian Community LAP and substitutes a new table and a Special Condition which indicates the maximum CMF will be 930 V and provides that the CMF at all elevations must not exceed a certain specified CMF.
Subparagraph 5(l)(i)
Subparagraph 5(l)(i) removes the text “Kerrie Brae Trig” from the Nominal Location in Attachment 1.3 in the Victorian Community LAP and substitutes “SCA Site off Mirboo-Yarragon Rd ALLAMBEE”.
Subparagraph 5(l)(ii)
Subparagraph 5(l)(ii) amends the Australian Map Grid Reference in Attachment 1.3 in the Victorian Community LAP and so that it reads “55 416450 5764500”.
Subparagraph 5(m)(i)
Subparagraph 5(m)(i) removes the text “Mt Warrnambool” from the Nominal Location in Attachment 1.4 in the Victorian Community LAP and substitutes “ACE Broadcast Site MT WARRNAMBOOL”.
Subparagraph 5(m)(ii)
Subparagraph 5(m)(ii) inserts special conditions at the end of Attachment 1.4 to the Victorian Community LAP. The new Special Conditions provide that the transmitter in Attachment 1.4 ceases to be available for SL3540 when the new FM service that has been inserted in the Warrnambool LAP as part of the AM–FM conversion program, transmits, and that this date and time must be agreed upon between the licensees of the services.
Paragraph 5(n) and Schedule 8
Paragraph 5(n) and Schedule 8 insert a new attachment to the Victorian Community LAP immediately following Attachment 1.4. New Attachment 1.4A contains the technical specifications of a new transmitter for the community radio broadcasting service under Service Licence Number SL3540 to be available in the Victorian Community RA1 licence area.