Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
This instrument amends the Licence Area Plan - Young Radio - December 2001 to vary the characteristics, including technical specifications, of radio broadcasting services in the Young area.
Administered by: Communications
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 8
Registered 14 Aug 2014
Tabling HistoryDate
Tabled HR26-Aug-2014
Tabled Senate26-Aug-2014
Date of repeal 16 Aug 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003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 – young Radio – No.1 of 2014

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 (BSA).

The ACMA has made a variation to the Licence Area Plan – Young Radio – December 2001. 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 Licence Area Plans (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 Australian Broadcasting Authority made the Licence Area Plan – Young Radio – December 2001 on 6 December 2001 and varied it on 5 February 2004.

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

Intended impact and effect

The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Young area to:

·         make additional FM in-fill transmitters available at Cootamundra, Cowra, Grenfell and Temora, New South Wales, for the Young AM commercial radio broadcasting service currently provided by the licensee Super Young 2LF Pty Ltd (2LF); and at Grenfell and Temora, New South Wales, for the Young FM commercial radio broadcasting service currently provided by the licensee Super Young 2LFF Pty Ltd (ROCCY FM);

·         define a new licence area for a Temora community radio broadcasting service;

·         make spectrum available for a new community radio broadcasting service at Temora, NSW;

·         remove a channel allocation for a planned but unallocated community radio broadcasting service at Cootamundra, NSW;

·         remove the Cootamundra Community Radio licence area from the Young LAP;

·         update the description of the licence area definitions in the Young LAP from 2001 to 2006 Australian Bureau of Statistics (ABS)  census data; and

·         delete some material, included for reference only, that does not form part of the LAP and which may create confusion.

The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Young area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.

Regulatory Impact Statement

The Office of Best Practice Regulation (OBPR) has determined that the proposed regulatory change is minor or machinery in nature and has advised that no regulatory impact statement is required. The OBPR has issued an exemption reference number: ID 2013/15130.

Consultation

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

1.    On 17 February 2014, the ACMA published the following papers on its web site:

a.    a draft variation instrument to the Young LAP (draft variation);

b.    a Discussion Paper outlining the changes proposed in the draft variation and inviting public comment by 21 March 2014;

c.    a draft variation to the frequency allotment plan; and

d.    licence area maps.

2.    On 17 February 2014 the ACMA wrote to the licensees and stakeholders in the Young licence area and in adjacent radio licence areas to advise them of the release of the draft variation and to invite their comments by 21 March 2014.

3.    On 17 February 2014 the ACMA placed banner advertisements in the e-versions of newspapers circulating in the affected towns with a click through to the ACMA website containing copies of the draft variation and invited public comment by 21 March 2014.

The ACMA received three submissions on the draft variation in response to the consultation.

In finalising the variation to the Young LAP, the ACMA has considered the submissions it received.

Description of the provisions of the variation

Section 1 – Name of Instrument

Section 1 provides that the name of the variation is Variation to Licence Area Plan – Young Radio – No 1 of 2014.

Section 2 - Commencement

Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 - Variation

Section 3 varies the Young LAP as set out in paragraphs (a) – (f).

Paragraph 3(a)

Paragraph 3(a) renames the Young LAP as Licence Area Plan – Young Radio.

Paragraph 3(b)

Paragraph 3(b) amends the heading on the title page of the Young LAP so that it reads “Licence Area Plan - Young Radio”.

Sub-paragraph 3 (c) (i)

Sub-paragraph 3 (c) (i) amends the heading on the first page of the Young LAP so that it reads “Licence Area Plan – Young Radio”.


 

Sub-paragraph 3 (c) (ii)

Sub-paragraph 3 (c) (ii) numbers the five paragraphs on the first page of the Young LAP as (1), (2), (3), (4) and (5).

Sub-paragraph 3 (c) (iii)

Sub-paragraph 3 (c) (iii) repeals paragraphs (1) – (5) on the first page of the Young LAP and substitutes new clauses (1), (2), (3), (4), (5) and (6).

The new clause (1) provides that the Young LAP is for radio broadcasting services in the Young area of New South Wales, and is made under subsection 26(1) of the BSA.

New clauses (2), (3), (4) and (5) are substantially similar to the corresponding paragraphs of the Young LAP. The main differences are that the word ‘Determination’ has been replaced with the word ‘plan’ in each clause, and the clauses refer to the Attachments and Schedules as specified in the variation.

The new clause (6) ensures that the Young LAP refers to schedules and attachments that have been amended from time to time by the ACMA.  

Paragraph 3(d)

Paragraph 3(d) removes from the Young LAP all the text immediately before Schedule One of the Young LAP under the heading “SCHEDULES” and the sub-headings “Status Column” and “Frequency Column” (including the headings and sub-headings themselves). This material was originally included for reference only and is no longer considered relevant or necessary.

Paragraph 3(e)

Paragraph 3(e) omits all schedules of the Young LAP and substitutes new Schedules One, Two, Three and Four. These schedules set out the details of the national, commercial and community radio broadcasting services that are to be available on particular frequencies in the Young RA1, Young RA2, Cowra RA1 and Temora 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 specifications for each of those transmitters.

The changes between the omitted and substituted schedules include removal of reference material that is no longer considered relevant or necessary such as removal of the words ‘December 2001’ from Schedule One. Other changes include the inclusion of additional technical specifications, the renumbering of attachment numbers in Schedule One, and replacing the technical specification for a Cootamundra community broadcasting service in Schedule Four with a technical specification for a Temora community broadcasting service.

Paragraph 3(f)

Paragraph 3(f) omits all attachments and substitutes new 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, 2.1, 2.2, 3.1, 3.2, 4.1 and 4.2.

The new Attachment 1.1 contains the definition of the Young RA1 licence area in terms used by the Australian Bureau of Statistics (ABS) in the 2006 census.

The new Attachments 1.2 and 1.3 contain the technical specifications for the national radio broadcasting services in Young.

The new Attachment 1.4 contains the technical specifications for the commercial radio broadcasting service under Service Licence number SL4118 to be available at Young in the Young RA1 licence area.

The new Attachments 1.5, 1.6, 1.7 and 1.8 contain the technical specifications for the new in-fill transmitters for the Young commercial broadcasting services provided under Service Licence number SL4118, so that it may transmit into the towns of Cootamundra, Cowra, Grenfell and Temora in the Young RA1 licence area.

The new Attachment 1.9 contains the technical specifications for the commercial radio broadcasting service under Service Licence number SL10314 to be available at Young in the Young RA1 licence area.

The new Attachments 1.10 and 1.11 contain the technical specifications for the in-fill transmitters for the Young commercial broadcaster under Service Licence number SL10314, so that it may transmit into the towns of Cootamundra and Cowra in the Young RA1 licence area.

The new Attachments 1.12 and 1.13 contain the technical specifications for the new in-fill transmitters for the Young commercial broadcaster under Service Licence number SL10314, so that it may transmit into the towns of Grenfell and Temora in the Young RA1 licence area.

The new Attachment 2.1 contains the definition of the Young RA2 licence areas in terms used by the ABS in the 2006 census.

The new Attachment 2.2 contains the technical specifications for a community radio broadcasting service to be available at Young in the Young RA2 licence area.

The new Attachment 3.1 contains the definition of the Cowra RA1 licence area in terms used by the ABS in the 2006 census.

The new Attachment 3.2 contains the technical specifications for a community radio broadcasting service to be available at Cowra in the Cowra RA1 licence area.

The new Attachment 4.1 contains the definition of the new Temora RA1 licence area in terms used by the ABS in the 2006 census.

The new Attachment 4.2 contains the technical specifications for a new community radio broadcasting service to be available at Temora in the Temora RA1 licence area.

 

 

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 – Young Radio – No.1 of 2014

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, under subsection 26(2) of the Broadcasting Services Act 1992, the Licence Area Plan – Young Radio – December 2001. The variations are to the characteristics, including technical specifications, of radio broadcasting services in the Young area to make new radio broadcasting services available in the licence area, and to amend the technical specifications of existing services in the area.

 

The intended impact and effect of this variation is to clarify the characteristics, including technical specifications, of radio broadcasting services in the Young area. The ACMA does not intend the variation to alter any existing rights and obligations, except as set out in the instrument.  

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.