Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
This instrument amends the Licence Area Plan - Mandurah (Radio) - July 1996 to vary the characteristics, including technical specifications, of radio broadcasting services in the Mandurah area of Western Australia.
Administered by: Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 13
Registered 23 Mar 2018
Tabling HistoryDate
Tabled HR26-Mar-2018
Tabled Senate27-Mar-2018
Date of repeal 25 Mar 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Mandurah Radio – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Mandurah 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

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 – Mandurah (Radio) – July 1996 (F2005B01235) on 19 July 1996 (Mandurah LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Mandurah area of Western Australia by making spectrum available for an FM transmitter for the 6MM AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM.

The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters 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 Broadcasting Services (Technical Planning) Guidelines 2017 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 Mandurah LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal 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 Mandurah LAP.

The consultation period ended on 15 February 2018 and the ACMA received one submission.

The submission was taken into account but did not affect the variations effected 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. 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 – Mandurah (Radio) – July 1996. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Mandurah 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 Plan – Mandurah Radio – 2018 (No.1)

Section 1         Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Mandurah 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

This section varies the Mandurah 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 Mandurah LAP and substitute the new heading “Licence Area Plan – Mandurah Radio”.

Subparagraph 4(b)(i)

Subparagraph 4(b)(i) repeals the heading on the second page of the Mandurah LAP and substitutes the new heading “LICENCE AREA PLAN – MANDURAH RADIO”.

Subparagraph 4(b)(ii)

Subparagraph 4(b)(ii) repeals the subheading “DETERMINATION” on the second page of the Mandurah LAP.

Paragraph 4(c), subparagraphs (i)–(iii)

Paragraph 4(c), subparagraphs (i)–(iii) number each of the paragraphs on the second page of the Mandurah LAP as paragraphs (1) to (3).

Paragraph 4(d)

Paragraph 4(d) omits paragraph (1) and substitutes a new paragraph.

The new paragraph (1) provides that the Mandurah LAP is a plan for radio broadcasting services in the Mandurah area of Western Australia 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 Mandurah 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 Mandurah 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 Mandurah 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 Mandurah 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 4(j) and Schedule 1

Paragraph 4(j) and Schedule 1 remove the current Schedule One in the Mandurah LAP and replace it with a new Schedule One. The new Schedule One defines the licence area Mandurah RA1 and introduces a column in the table specifying the frequencies of services and updating the specifications in each table in line with changes made to specifications in later paragraphs. The column “Category of Service” is renamed “Service Category”, “Transmitter Specification No” is renamed “Technical Specification No.”, “Technical Specifications” is renamed “Attachment No.” and “General Area Served by Transmitter” is renamed “Area Served”.

Paragraph 4(k) and Schedule 1

Paragraph 4(k) and Schedule 1 remove the current Schedule Two in the Mandurah LAP and replace it with a new Schedule Two. The new Schedule Two defines the licence area Mandurah RA2 and introduces a column in the table specifying the frequencies of services and updating the specifications in each table in line with changes made to specifications in later paragraphs. The column “Category of Service” is renamed “Service Category”, “Transmitter Specification No” is renamed “Technical Specification No.”, “Technical Specifications” is renamed “Attachment No.” and “General Area Served by Transmitter” is renamed “Area Served”.

Paragraph 4(l) and Schedule 2

Paragraph 4(l) and Schedule 2 remove the current Attachment 1.1 in the Mandurah LAP and replace it with a new Attachment 1.1. The new Attachment 1.1 redefines the Mandurah RA1 licence area and adds the licence area ID.

 

 

Subparagraph 4(m)(i)

Subparagraph 4(m)(i) removes the text “LICENCE AREA PLAN : Mandurah WA” from Attachments 1.2, 1.3, 1.4 and 2.2 in the Mandurah LAP and substitutes the words “LICENCE AREA PLAN : Mandurah Radio”.

Subparagraph 4(m)(ii)

Subparagraph 4(m)(ii) removes the text “Nominal location :” from Attachments 1.2, 1.3, 1.4 and 2.2 in the Mandurah 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, 1.3, 1.4 and 2.2 in the Mandurah 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, 1.3, 1.4 and 2.2 in the Mandurah LAP and substitutes “Frequency Band & Mode :”.

Subparagraph 4(n)(i)

Subparagraph 4(n)(i) removes the text “Notes:-” from Attachments 1.2, 1.4 and 2.2 in the Mandurah LAP and substitutes “Special Condition :-”.

Subparagraph 4(n)(ii)

Subparagraph 4(n)(ii) omits the paragraph number “1.” under the heading that is now “Special Condition :-” from Attachments 1.2, 1.4 and 2.2 in the Mandurah LAP.

Paragraph 4(o) and Schedule 3

Paragraph 4(o) and Schedule 3 omit the Nominal Location text in Attachments 1.2, 1.3, 1.4 and 2.2 in the Mandurah LAP and substitute new Nominal Location text, to identify the locations with greater precision.

Paragraph 4(p) and Schedule 4

Paragraph 4(p) and Schedule 4 omit the Australian Map Grid Reference in Attachments 1.2, 1.3 and 2.2 in the Mandurah LAP and substitute new Australian Map Grid References.

Subparagraph 4(q)(i)

Subparagraph 4(q)(i) omits the Service Licence Number “SL010360” in Attachment 1.2 to the Mandurah LAP and substitutes a new Service Licence Number “SL10360”.

Subparagraph 4(q)(ii)

Subparagraph 4(q)(ii) omits the Specification Number “TS002338” in Attachment 1.2 to the Mandurah LAP and substitutes a new Specification Number “TS10002338”.

Subparagraph 4(q)(iii)

Subparagraph 4(q)(iii) inserts a note before the heading “Special Condition”. The inserted note has the heading “Availability of TS10002338” and provides that from the time a service is transmitted by TS12000183 under SL10360, there is a 28-day time period, after which this service ceases to be available for SL10360.

Paragraph 4(r) and Schedule 5

Paragraph 4(r) and Schedule 5 insert a new attachment into the Mandurah LAP immediately following Attachment 1.2. New Attachment 1.2A contains the technical specifications of a new transmitter for the commercial radio broadcasting service under Service Licence No. SL10360 to be available in the Mandurah RA1 licence area.

Subparagraph 4(s)(i)

Subparagraph 4(s)(i) omits the Service Licence Number “SL010077” in Attachment 1.3 to the Mandurah LAP and substitutes a new Service Licence Number “SL10077”.

Subparagraph 4(s)(ii)

Subparagraph 4(s)(ii) omits the Specification Number “TS004933” in Attachment 1.3 to the Mandurah LAP and substitutes a new Specification Number “TS10004933”.

Subparagraph 4(s)(iii)

Subparagraph 4(s)(iii) amends the Polarisation in Attachment 1.3 to the Mandurah LAP so that “Vertical” is omitted and substituted with “Mixed”.

Subparagraph 4(s)(iv)

Subparagraph 4(s)(iv) omits the table under the “Output Radiation Pattern” heading and substitutes it with a new table. This new output radiation pattern has been substituted so that it matches the output radiation pattern in the technical specifications for the service at Attachment 1.2A.

Subparagraph 4(t)(i)

Subparagraph 4(t)(i) omits the Specification Number “TS005476” in Attachment 1.4 to the Mandurah LAP and substitutes a new Specification Number “TS10005476”.

Subparagraph 4(t)(ii)

Subparagraph 4(t)(ii) inserts new text in the form of a Special Condition. The new text defines the coverage area of the transmission, giving AMG coordinates.

Paragraph 4(u) and Schedule 6

Paragraph 4(u) and Schedule 6 remove the current Attachment 2.1 and replace it with a new Attachment 2.1 in the Mandurah LAP. New Attachment 2.1 redefines the Mandurah RA2 licence area and adds the licence area ID.

Subparagraph 4(v)(i)

Subparagraph 4(v)(i) omits the General Area Served “Mandurah City (WA)” in Attachment 2.2 to the Mandurah LAP and substitutes “Mandurah (WA)”.

Subparagraph 4(v)(ii)

Subparagraph 4(v)(ii) omits the Service Licence Number “SL010061” in Attachment 2.2 to the Mandurah LAP and substitutes a new Service Licence Number “SL10061”.

Subparagraph 4(v)(iii)

Subparagraph 4(v)(iii) omits the Specification Number “TS002155” in Attachment 2.2 to the Mandurah LAP and substitutes a new Specification Number “TS10002155”.