Federal Register of Legislation - Australian Government

Primary content

No. 1 of 2015 Plans/Communications as made
This instrument amends Licence Area Plan - Remote Central and Eastern Australia (Radio) - October 1996 to vary characteristics, including technical specifications, of radio broadcasting services in the Remote Commercial Radio Service Central Zone RA1 and Remote Commercial Radio Service North East Zone RA1 licence areas to extend the coverage of existing commercial radio broadcasting services available in those licence areas, and to amend the technical specifications of existing services in the areas.
Administered by: Communications
Registered 17 Jun 2015
Tabling HistoryDate
Tabled HR22-Jun-2015
Tabled Senate22-Jun-2015
Date of repeal 19 Jun 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003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 – REMOTE CENTRAL and EASTERN AUSTRALIA Radio – No.1 of 2015

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 – 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 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 – Remote Central and Eastern Australia Radio – October 1996 on 14 October 1996 and varied it on 26 November 1998, 21 November 2000, 22 November 2001, 22 August 2002, 18 December 2003 and 12 May 2005. The ACMA varied the LAP on 30 March 2006, 31 March 2010 and 14 March 2012.

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

Intended impact and effect

The variation varies the characteristics, including technical specifications, of radio broadcasting services in the remote central and north-eastern areas of Australia by:

·         making the following FM frequencies available at the following locations, for additional transmitters for the commercial radio broadcasting service 8SAT: 90.9 MHz at Beech Forest, Victoria, 96.9 MHz at Meringur, Victoria, 89.5 MHz at Powelltown, Victoria, 95.3 MHz at Speed, Victoria, 93.9 MHz at Bunnaloo, New South Wales, 88.7 MHz at Urana, New South Wales, 107.5 MHz at Hallet, South Australia, 99.1 MHz at Keith, South Australia, 103.3 MHz at Leigh Creek South, South Australia, 101.5 MHz at Penong, South Australia, and 101.3 MHz at Wilmington, South Australia;

·         making frequencies 90.1 MHz, 99.9 MHz and 102.1 MHz available at Stanthorpe Queensland, Tara Queensland and Thursday Island Queensland for additional transmitters for the commercial radio broadcasting service 4BRZ;

·         changing the technical specifications of the commercial radio broadcasting service 8SAT at Apollo Bay, Victoria to change the nominal location to BA Site Roberts Rd Marengo, change the maximum effective radiated power (ERP) from 250 watts (W) directional (DA) to 250 W omni-directional (OD), and to change the antenna height to 25 metres;

·         changing the technical specifications of the commercial radio broadcasting service 8SAT at Kapunda, South Australia to change the ERP from 1 kilowatt (kW) to 4 kW;

·         changing the technical specifications of the commercial radio broadcasting service 8SAT at Kingscote, South Australia to change the polarisation from vertical to mixed;

·         changing the technical specifications of commercial radio broadcasting service 8SAT at Lake Mountain, Victoria so that it is made available at Marysville;

·         changing the technical specifications of the commercial broadcasting service 4RBL at Coolah, New South Wales to increase the maximum ERP from 100 W to 2 kW;

·         changing the technical specifications of the commercial radio broadcasting services 4RBL and 4BRZ at Karumba, Queensland to increase the ERP from 50 W to 100 W;

·         changing the technical specifications of the commercial radio broadcasting services 4RBL and 4BRZ at Kilcoy, Queensland by increasing the ERP from 100 W to 200 W and by changing their operating frequencies from 100.5 MHz to 99.3 MHz (4RBL) and 102.9 MHz to 98.5 MHz (4BRZ);

·         changing the technical specifications of the commercial broadcasting service 4RBL at Tara, Queensland  by changing the transmitter site nominal location to the broadcasting site off Surat Developmental Rd 7 km west of Weranga, change the ERP from 1.5 kW to 3 kW and the operating frequency from 91.1 MHz to 98.3 MHz;

·         changing the technical specifications of the commercial broadcasting service 4RBL at Thursday Island, Queensland by changing the transmitter site nominal location to the Telstra Radio Terminal, Millman Hill, Thursday Island and the ERP from 100 W to 200 W; and

·         changing the description of the Remote Commercial Radio North East Zone RA1 licence area, to remove the partial inclusion of the Queensland communities of Clermont and Yungaburra, and to insert an area near to Clermont in the licence area.

The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above. The variation also updates the transmitter site nominal locations, Australian Map Grid references for transmitters, and advisory notes for commercial and community radio broadcasting services where required however these updates do not reflect changes to the ways in which these services are provided.

 

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 2013/14491.

Consultation

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

1.    On 3 July 2013, the ACMA published the following papers on its web site:

a.    a draft variation of the Remote LAP (draft variation);

b.    two discussion papers outlining the changes proposed in the draft variation and inviting public comment by 30 August 2013;

c.    a draft variation to the frequency allotment plan (FAP) (subsequent to the AMCA’s preparation of, and consultation on, the draft FAP variation, the Broadcasting and Other Legislation Amendment (Deregulation) Act 2015, which took effect on 20 March 2015, repealed the requirement for the ACMA to prepare and maintain a FAP);

d.    licence area maps; and

e.    an issue for comment paper announcing the draft variation and inviting public comment by 30 August 2013.

2.    On 3 July 2013 the ACMA wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the licence areas for 8SAT, 4BRZ and 4RBL, and in adjacent radio licence areas, to advise them of the release of the draft variation and to invite their comments by 30 August 2013.

3.    On 8 July 2013 the ACMA placed an advertisement in The Australian newspaper advising the public of the release of the draft variation, the discussion papers and inviting public comment by 30 August 2013.

4.    On 28 August 2013 the ACMA wrote to the licensees and other broadcasters in the licence areas for 8SAT, 4BRZ and 4RBL and those in adjacent radio licence areas, to advise them that the date for comments on the proposals in the draft variation to the Remote LAP had been extended to 30 October 2013. The date was subsequently extended to 20 December 2013.

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

The primary concern of the issues raised in the submissions was the potential for signal overspill into adjacent radio licence areas.

In finalising the variation to the Remote LAP, the ACMA has considered the submissions it received. An analysis of the issues raised in the submissions resulted in the decision to withdraw four proposals from the variation for further evaluation. 

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 – Remote Central and Eastern Australian Radio – No 1 of 2015.

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 Remote LAP as set out in paragraphs (a) – (d).

Paragraph 3(a)

Paragraph 3(a) omits the words “Attachments 1.2, 1.4 – 1.6 and 1.8 – 1.29” and substitutes the words “Attachments 1.2 – 1.38” to reflect the inclusion of new technical specifications for the 8SAT service and the related renumbering of the technical specifications in Schedule One to the Remote LAP.

Paragraph 3(b)

Paragraph 3(b) omits the words “Attachments 2.2 – 2.36, 2.38 – 2.48 and 2.50 – 2.83” and substitutes the words “Attachments 2.2 – 2.83” to reflect the inclusion of new technical specifications and the related renumbering of the technical specifications of the Remote LAP.

Paragraph 3(c)

Paragraph 3(c) omits Schedule One and Two from the Remote LAP and substitutes new Schedules One and Two. These schedules set out the details of the commercial radio broadcasting services that are to be available on particular frequencies in the Remote Commercial Radio Service Central Zone RA1 and Remote Commercial Radio Service North East Zone 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.

 

Paragraph 3(d)

Paragraph 3(d) omits Attachments 1.1, 1.2, 1.4 to 1.6, 1.8 to 1.29, 2.1 to 2.36, 2.38 to 2.48, 2.50 to 2.83, 4.2 to 4.17, 5.2 to 45.2 and 47.2 to 56.2 of the Remote LAP, and inserts Attachments 1.1 to 1.38, 2.1 to 2.83, 4.2 to 4.17, 4.2 to 45.2, 47.2 to 56.2 of the variation.

The new Attachment 1.1 contains the definition of the Remote Commercial Radio Service Central Zone RA1 licence area in terms used by the Australia Bureau of Statistics (ABS) in the 2006 census.

The new Attachments 1.4, 1.6, 1.7, 1.8, 1.9, 1.11, 1.12, 1.14, 1.17, 1.18, 1.20, 1.21, 1.24, 1.25, 1.26, 1.27, 1.28, 1.29, 1.30, 1.32, 1.34, 1.35, 1.36, 1.37 and 1.38 contain the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10147 (8SAT) at, respectively, Bourke, Ceduna/Smoky Bay, Coober Pedy, Coonalypyn, Groote Eylandt, Hawker, Jabiru, Karoonda, Kingston SE, Lake Cargelligo, Lord Howe Island, Maitland, Minlaton, Minnipa, Mt St Leonard, Nhulunbuy, Padthaway East, Pinnaroo, Roxby Downs, Streaky Bay, Tennant Creek and Woomera in the Remote Commercial Radio Service Central Zone RA1 licence area. Minor amendments to the descriptions of the nominal locations of the transmitter sites, to the Australian Grid references and to advisory notes have been made to some of these Attachments. In each case the information was updated to better reflect the current operations and is for ease of reference only. The amendments do not signify a change to the planning arrangements.

The new Attachment 1.2 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10147 (8SAT) at Apollo Bay in the Remote Commercial Radio Service Central Zone RA1 licence area. The nominal location, maximum power level and antenna height of the service have been varied.

The new Attachment 1.13 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10147 (8SAT) at Kapunda in the Remote Commercial Radio Service Central Zone RA1 licence area. The maximum power level of the service has been varied.

The new Attachment 1.16 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10147 (8SAT) at Kingscote in the Remote Commercial Radio Service Central Zone RA1 licence area. The polarisation of the service has been varied.

The new Attachment 1.22 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10147 (8SAT) at Marysville in the Remote Commercial Radio Service Central Zone RA1 licence area. The transmitter site, maximum power level, polarisation and antenna height of the service have been varied.

The new Attachments 1.3, 1.5, 1.10, 1.15, 1.19, 1.23, 1.29, 1.31, 1.33, 1.36 and 1.37 contain the technical specifications for additional transmitters at, respectively, Beech Forest, Bunnaloo, Hallett, Keith, Leigh Creek South, Meringur, Penong, Powelltown, Speed, Urana and Wilmington for the commercial radio broadcasting service with the service licence number SL10147 (8SAT) in the Remote Commercial Radio Service Central Zone RA1 licence area.

The new Attachment 2.1 contains the definition of the Remote Commercial Radio Service North East Zone RA1 licence area in terms used by the ABS in the 2006 census. It removes two ABS collection districts that cover part of Clermont and Yungaburra in Queensland, and inserts an ABS collection district that covers an area in the vicinity of Yungaburra.

The new Attachments 2.2 – 2.25, 2.28 -2.38, 2.40 -2.43, 2.45-2.49 contain the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10216 (4RBL) at Alpha, Aurukun, Bamaga, Banana, Barrington/Stratford, Beaudesert, Bourke, Burrum Heads, Canungara, Childers, Chinchilla, Collinsville, Comboyne, Cooktown, Coolah, Coomba Park/Stroud, Dirranbandi, Eagle Heights, Eurong, Goondiwindi, Gununa, Hope Vale, Inglewood, Julia Creek, Kooralbyn, Kowanyama, Meandarra, Miles, Monto, Mount Tamborine, Normanton, Nyngan, Pormpuraaw, Richmond, Stanthorpe, Tarroom, Tenterfield, Texas, Theodore, Wandoan, Warrumbungle, Weipa, Wilcannia and Yelarbon in the Remote Commercial Radio Service North East Zone RA1 licence area. Minor amendments to the descriptions of the nominal locations of the transmitter sites, to the Australian Grid references and to advisory notes have been made to some of these Attachments. In each case the information was updated to better reflect the current operations and is for ease of reference only. The amendments do not signify a change to the planning arrangements.

The new Attachment 2.26 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10216 (4RBL) at Karumba in the Remote Commercial Radio Service North East Zone RA1 licence area. The maximum power level of the service has been varied.

The new Attachment 2.27 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10216 (4RBL) at Kilcoy in the Remote Commercial Radio Service North East Zone RA1 licence area. The operating frequency, nominal location and maximum power level of the service have been varied.

The new Attachment 2.39 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10216 (4RBL) at Tara in the Remote Commercial Radio Service North East Zone RA1 licence area. The operating frequency, nominal location and maximum power level of the service have been varied.

The new Attachment 2.44 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL10216 (4RBL) at Thursday Island in the Remote Commercial Radio Service North East Zone RA1 licence area. The nominal location and maximum power level of the service have been varied.

The new Attachment 2.67 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL1150711 (4BRZ) at Karumba in the Remote Commercial Radio Service North East Zone RA1 licence area. The maximum power level of the service has been varied.

The new Attachment 2.68 contains the technical specifications for the existing commercial radio broadcasting service with the service licence number SL1150711 (4BRZ) at Kilcoy in the Remote Commercial Radio Service North East Zone RA1 licence area. The operating frequency, nominal location and maximum power level of the service have been varied.

The new Attachments 2.74, 2.75 and 2.80 contain the technical specifications for additional transmitters at Stanthorpe, Tara and Thursday Island for the commercial radio broadcasting service with the service licence number SL1150711 (4BRZ) in the Remote Commercial Radio Service North East Zone RA1 licence area.

The new Attachments 4.2 to 4.17, 5.2 to 47.2 and 47.2 to 56.2 contain the technical specifications for community services in the Remote LAP. Minor amendments to the descriptions of the nominal locations of the transmitter sites, to the Australian Grid references and to advisory notes have been made to some of these Attachments. In each case the information was updated to better reflect the current operations and is for ease of reference only. The amendments do not signify a change to the planning arrangements.

 

 

 

 

 

 

 

 

 

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 – Remote Central and Eastern Australia Radio – No 1 of 2015

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 – Remote Central and Eastern Australia Radio. The variations are to the characteristics, including technical specifications, of radio broadcasting services in the Remote Commercial Radio Service Central Zone RA1 and Remote Commercial Radio Service North East Zone RA1 licence areas to extend the coverage of existing commercial radio broadcasting services available in those licence areas, and to amend the technical specifications of existing services in the areas.

 

The intended impact and effect of this variation is to extend the coverage of those services, and to clarify the characteristics, including technical specifications, of those and other radio broadcasting services in the Remote Commercial Radio Service Central Zone RA1 and Remote Commercial Radio Service North East Zone RA1 licence areas. 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.