Federal Register of Legislation - Australian Government

Primary content

No. 1 of 2013 Plans/Communications as made
This instrument amends the Licence Area Plan - Adelaide Radio - September 2001 to clarify the characteristics, including technical specifications, of radio broadcasting services in the Adelaide area.
Administered by: Broadband, Communications and the Digital Economy
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 8
Registered 19 Mar 2013
Tabling HistoryDate
Tabled HR20-Mar-2013
Tabled Senate21-Mar-2013
Date of repeal 21 Mar 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Variation to Licence Area Plan – ADELAIDE 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) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The ACMA has made a variation to the licence area plan (LAP) for Adelaide 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 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 ABA made the Licence Area Plan for Adelaide Radio on 6 September 2001 and varied it on 5 September 2002 and 27 March 2003.

It is referred to in this explanatory statement as “the Adelaide LAP”.

Intended impact and effect

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Adelaide area by:

·         varying the technical specifications of the existing commercial broadcasting service 5DN at Adelaide to reflect the adoption of day/night switching[1] (maximum day-time power of 5 kW and maximum night-time power of 3.3 kW) and a change from omni-directional to a directional radiation pattern

·         varying the radiation pattern of the Radio TAB high powered open narrowcasting service in Adelaide

·         varying the radiation pattern and increasing the operating power of long term community radio broadcasting service 5MBS.

The instrument also deletes some material, included for reference only, that does not form part of the LAP and which may create confusion, and makes some minor amendments to revise the drafting of the Adelaide LAP. It also updates each of the licence area definitions 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 Adelaide 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’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR 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: 2012/13632.

Consultation

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

1.    On 26 September  2012, the ACMA published the following papers on its web site:

a.    a draft variation to Licence Area Plan for Adelaide Radio – No.1 of 2012;

b.    an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 2 November  2012; and

c.    a media release announcing the draft variation.

2.    On 26 September 2012, the ACMA wrote to the licensees providing radio broadcasting services in the Adelaide RA1, Adelaide Foothills RA1, Adelaide SW RA1, Barossa Valley RA1, Port Adelaide RA1 and Salisbury RA1 and in adjacent radio licence areas to advise them of the release of the draft variation and to invite their comments by 2 November 2012.

3.    The ACMA placed an advertisement in the following newspapers announcing the draft variation. The advertisement provided details of how and where to obtain copies of the draft variation and invited public comment by 2 November 2012:

·         Adelaide Advertiser (26 September 2012 edition)

·         Kangaroo Islander (27 September 2012 edition)

·         York Peninsula Country Times  (2 October 2012 edition)

·         Barossa & Light Herald (Tanunda) (3 October 2012 edition)

·         Port Augusta Transcontinental (3 October 2012 edition)

Submissions

The ACMA received 1 submission on the draft variation to the Licence Area Plan for Adelaide Radio – No 1 of 2012

Description of the provisions of the instrument

Clause (1)

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

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Adelaide Radio – No 1 of 2013.

Clause (3)

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

 

Sub-clause (4) (a)

Clause (4) (a) renames the instrument from “Licence Area Plan – Adelaide Radio – September 2001” to “Licence Area Plan – Adelaide Radio”.

Sub-clause (4) (b)

Clause (4) (b) amends the heading on the title page of the Adelaide LAP so that it reads “Licence Area Plan - Adelaide Radio”.

Sub-clause (4) (c) (i)

Sub-clause (4) (c) (i) amends the heading on page two of the Adelaide LAP so that it reads “Licence Area Plan – Adelaide Radio”.

Sub-clause (4) (c) (ii)

Sub-clause (4) (c) (ii) removes the heading “DETERMINATION” from page two of the Adelaide LAP.

Sub-clause (4) (c) (iii)

Sub-clause (4)(c)(iii) omits clauses (1), (2),(3), (4), (5), (6) and (7) and substitutes new clauses (1), (2), (3), (4), (5), (6) and (7) and inserts a new clause (8) into the instrument.

The new Clause (1) highlights that this plan for radio broadcasting services in the Adelaide area of South Australia is made under section 26(1) of the Broadcasting Services Act 1992.

The new Clause (2) reflects the removal of Attachments 1.18 and 1.22 from the Adelaide LAP and the substitution of the word ‘determination’ with the word ‘plan’ in the clause.

The new Clauses (3), (4) (5), (6) and (7) reflect the substitution of the word ‘determination’ with the word ‘plan’ throughout the clauses.

The new clause (8) will ensure that a reference to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.

Sub-clauses (4) (d)

Sub-clauses (4) (d) removes from the Adelaide LAP all the text occurring after clause (8) but before Schedule One. This material was originally included for reference only and is no longer considered relevant or necessary.

Sub-clause (4) (e)

Sub-clause (4) (e) replaces Schedules One, Two, Three, Four, Five and Six of the Adelaide LAP. These schedules set 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 Adelaide RA1, Adelaide Foothills RA1, Adelaide SW RA1, Barossa Valley RA1, Port Adelaide RA1 and Salisbury RA1 licence areas.

In particular, the Schedules provide the technical specification numbers for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specification for each of those transmitters.

The changes from the previous Schedules are the removal from the headings of Schedules One, Two, Three, Four, Five and Six the words “- September 2001” and the removal of the ‘Status’ column. This material was originally included for reference only and is no longer considered relevant or necessary.


Sub-clause (4) (f)

Sub-clause (4) (f) omits all text appearing immediately under the heading “DISCLAIMER” in the Adelaide LAP (including the heading itself). This material was originally included for reference only and is not longer considered relevant or necessary.

Sub-clause (4) (g)

Sub-clause (4)(g) omits Attachments 1.1, 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, 1.18, 1.18.1, 1.19, 1.19.1, 1.19.2,1.20, 1.21, 1.22, 1.23, 1.24, 1.25, 1.26, 1.27, 1.28, 1.29, 1.30 2.1, 2.2, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 from the Adelaide LAP and substitutes Attachments 1.1, 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, 1.19, 1.20, 1.21, 1.23, 1.24, 1.25, 1.26, 2.1, 2.2, 3.1, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2.

The new Attachments 1.1, 2.1, 3.1, 4.1, 5.1 and 6.1 contains the definitions of the Adelaide RA1, Adelaide Foothills RA1, Adelaide SW RA1, Barossa Valley RA1, Port Adelaide RA1 and Salisbury RA1 licence areas updated to 2006 census data.

The new Attachments 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, 1.19, 1.20, 1.21,1.23, 1.24, 1.25, 1.26, 1.27, 1.28, 1.29, 1.30,  2.2, 3.3, 4.2, 4.3, 5.2 and 6.2 has been varied so that its heading reads “LICENCE AREA PLAN : Adelaide Radio” and the site tolerance field refers to Broadcasting Services (Technical Planning) Guidelines 2007.

The new Attachments 1.2, 1.3, 1.4, 1.5, 1.7, 1.9, 1.11, 1.12, 1.13, 1.15, 1.17, 1.20, 1.23, 1.24, 1.25, 1.26, 1.27, 1.28, 1.29, 1.30, 2.2, 3.3, 4.2, 4.3, 5.2 and 6.2 has been varied so that the nominal location and Australian map grid reference changed to better reflect the location of the transmitter.

Attachment 1.18 has been removed. This Attachment has been replaced by Attachment 1.19 of the Adelaide LAP, its continued inclusion is seen as redundant.

Attachment 1.22 has been removed. This Attachment has been replaced by Attachment 1.23 of the Adelaide LAP, its continued inclusion is seen as redundant.

Attachment 3.2 has been removed. This Attachment has been replaced by Attachment 3.3  of the Adelaide LAP, its continued inclusion is seen as redundant.

The special condition on Attachment 1.19 has been removed. This special condition described the date when Attachment 1.19 would replace 1.18. This date has now passed and the continued inclusion of the special condition is seen as redundant.

The special condition on Attachment 1.23 has been removed. This special condition described the date when Attachment 1.23 would replace 1.22. This date has now passed and the continued inclusion of the special condition is seen as redundant.

The special condition on Attachment 3.3 has been removed. This special condition described the date when Attachment 3.3 would replace 3.2. This date has now passed and the continued inclusion of the special condition is seen as redundant.

 

 

 

 

 

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 – Adelaide 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 commercial radio broadcasting service 5DN at Adelaide to change the site of its transmitter site, increase its cymomotive force to 1085 volts during daytime hours and 880 volts during night-time hours and change the direction of its radiation pattern;

·         the high power open narrowcasting radio broadcasting service on AM frequency 1539 kHz at Adelaide to change the direction of its radiation pattern; and

·         the community radio broadcasting service 5MBS at the Adelaide Foothills to increase its transmitter power to 2.5 kilowatts and change the direction of its radiation pattern.

The legislative instrument also updates the description of the existing commercial and community radio licence areas in the Adelaide LAP so that they are defined in terms used in the 2006 census and are consistent with the ACMA’s most recent determination of population of the licence areas under section 30 of the Broadcasting Services Act 1992.

The legislative instrument also makes minor amendments to delete information included for reference only that does not form part of the Adelaide 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 Adelaide 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.

 

Australian Communications and Media Authority

 

 



[1] Day/Night switching is designed to improve the reception and coverage of existing AM broadcasting services by permitting an increase in the maximum transmission power during daylight hours while broadcasting at a lower maximum power during the night.