Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Remote Central and Eastern Australia Radio – No. 1 of 2009 made under the 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 (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).

The ACMA has made a variation to the licence area plan (LAP) for Remote Central and Eastern Australia Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.

The LAP and variations

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 ABA made the Licence Area Plan for Remote Central and Eastern Australia Radio (the Remote LAP) on 14 October 1996 and varied it on 26 November 1998, 21 December 2000, 22 November 2001, 18 December 2003 and 12 May 2005. The ACMA varied it on 30 March 2006. It is referred to in this explanatory statement as “the Remote LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of broadcasting services in the Remote Commercial Radio Service North East Zone RA1 licence area by;

• making the FM frequency 97.3 MHz available at Eurong for a translator for the commercial radio broadcasting service 4RBL; and
• making the FM frequency 94.9 MHz available at Eurong for a translator for the commercial radio broadcasting service 4BRZ.

The intended impact and effect of this variation is to extend coverage of the 4RBL and 4BRZ commercial radio broadcasting services to the community of Eurong.

Regulatory impact analysis

The ACMA has considered whether a regulatory impact statement is required and formed the view that the recommendations in the instrument would give rise to a regulatory obligation and has undertaken a regulatory analysis process. The ACMA has formed the view that that proposed regulation is likely to have no or low impact on business or the economy, and a regulation impact statement is not necessary in relation to the regulatory proposal.

Consultation and submissions

Before making a decision to vary the Remote LAP, the ACMA undertook the following consultation:

On 18 February 2009, the ACMA published the following papers on its website:

• a draft variation to the Remote LAP;
• an explanatory paper about the changes proposed in the draft variation to the Remote LAP, inviting public comment by 13 March 2009; and
• a media release announcing the proposed draft variation to the Remote LAP.

On 18 February 2009, the ACMA wrote to the licensees providing radio broadcasting services to the Bundaberg and Fraser Coast region to advise them of the release of the draft variation to the Remote LAP and to invite their comments.

On 18 February 2009, the ACMA placed an advertisement in the “Bundaberg NewsMail” and the “Fraser Coast Chronicle” newspapers outlining the effect of the draft variation on the Remote LAP, providing details of how to obtain copies of the draft variation, how to access it on the ACMA’s website and inviting public comment.

The ACMA received three submissions on the draft variation to the Remote LAP and accompanying explanatory paper.

Description of the provisions of the instrument

Clause (1)

Clause (1) identifies the power under which the ACMA makes the instrument, being subsection 26(2) of the BSA.

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Remote Central and Eastern Australia Radio – No. 1 of 2009.

Clause (3)

Clause (3) provides that the instrument commences the day after it is registered on the Federal Register of Legislative Instruments.

Clause (4)(a)

Clause (4)(a) of the instrument amends clause (3) of the Determination in the Remote LAP in order to reflect the inclusion of Attachment 2.59 and 2.60 and the new frequencies at Eurong.

Further explanation on the inclusion of Attachment 2.59 and Attachment 2.60 is at clause (4)(c).

Clause (4)(b)

Clause (4)(b) replaces Schedule Two to the Remote LAP.  The new Schedule differs from the old Schedule merely to reflect the inclusion of Attachments 2.59 and 2.60.

Clause (4)(c)

Clause (4)(b) of the instrument inserts Attachment 2.59 and Attachment 2.60 into the Remote LAP. These new Attachments contains the technical specifications for  translators for the commercial radio broadcasting services 4RBL and 4BRZ at Eurong, QLD in the Remote Commercial Radio Service North East Zone RA1 licence area.