Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
The instrument varies the Licence Area Plan - Atherton Radio to vary the characteristics, including technical specifications, of radio broadcasting services in the Atherton area of Northern Queensland by making spectrum available for an FM transmitter for the 4AM commercial radio broadcasting service to address coverage deficiencies in the Mosman area.
Administered by: Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 13
Registered 06 Jun 2018
Tabling HistoryDate
Tabled HR18-Jun-2018
Tabled Senate18-Jun-2018
Date of repeal 08 Jun 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Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 – Atherton Radio – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Atherton 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 - Atherton Radio on 27 November 1997(F2005B00733) (Atherton LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Atherton area of Northern Queensland by making spectrum available for an FM transmitter for the 4AM commercial radio broadcasting service to address coverage deficiencies in the Mosman area.

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 disallowable 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.

The instrument also refers to areas defined by the Australian Bureau of Statistics (ABS) in its Census of 8 August 2006. As permitted by paragraph 14(1)(b) of the LA, these areas are incorporated from that Census as it existed at the day the instrument commenced. The areas defined in the Census of 8 August 2006 may be accessed, free of charge, through the Australian Standard Geographical Classification 2006 which is published on the website of the ABS at: www.abs.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 Atherton LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal by publishing it on the ACMA website on 12 March 2018.  The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the Atherton licence area and adjacent radio licence areas inviting them to comment on the proposal to vary the Atherton LAP.

The consultation period ended on 6 April 2018 and the ACMA received one submission.

The submission was taken into account in making the variations effected by the instrument.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-outs” (available at: https://www.dpmc.gov.au/resource-centre/regulation/carve-outs-guidance-note), has established a “carve-out” for variations to LAPs where those variations are unlikely to have more than a minor regulatory impact (OBPR reference number: 13301). A carve-out is a standing agreement between OBPR and a government agency which sets aside the requirement for a preliminary assessment to be sent to OBPR for certain types of proposed regulatory change. The ACMA has formed the opinion that the instrument falls within the terms of the carve-out with OBPR reference number 13301.

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 - Atherton Radio. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including some technical specifications of, certain radio broadcasting services in the Atherton 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
 – Atherton Radio – 2018 (No.1)

Section 1         Name

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

The Federal Register of Legislation may be accessed at www.legislation.gov.au.

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 Atherton LAP as set out in paragraphs (a) to (e).

Paragraph 4(a)

Paragraph 4(a) omits the reference to “Attachments 1.2 -1.17” at page 3 in paragraph (2) and substitutes “Attachments 1.2 - 1.18 to this plan”.

Paragraph 4(b) and Schedule 1

Paragraph 4(b) replaces Schedule One of the instrument. That Schedule sets out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Atherton RA1 licence area.

In particular, the Schedule provides the technical specification numbers for each transmitter to be used by the services in the licence area, and specifies the attachments which contain the technical specification for each of those transmitters.

Paragraph 4(c)

 Paragraph 4(c) removes the reference to a Licence Identification number from Attachment 1.1.

Paragraph 4(d) and Schedule 2

Paragraph 4(d) repeals Attachments 1.2 - 1.17 and substitutes new Attachments 1.2 - 1.18 at Schedule 2 to the instrument.

Attachment 1.5 amends the technical specifications of the commercial radio services under Service Number SL1150016 available in the Mosman area of the Atherton RA1 licence area.

The new Attachment 1.18 contains the technical specifications for the transmitter for the commercial radio broadcasting service under Service Licence number SL4167 to be available in the Mossman area of the Atherton RA1 licence area.

Minor amendments to the descriptions of nominal locations of transmitter sites, to Australian Map Grid references, advisory notes and special conditions have been made in some of the Attachments. In each case the information has been updated to better reflect current operations or for ease of reference only. These amendments do not signify a change to the planned performance of the relevant transmitter.

Paragraph 4(e)

Paragraph 4(e) removes the reference to a Licence Area Identification number from Attachment 2.1.