Radiocommunications (Digital Radio Channels — NSW/ACT) Plan 2007

as amended

made under subsection 44A (1) of the

This compilation was prepared on 31 January 2019 taking into account amendments up to Radiocommunications (Digital Radio Channels — NSW/ACT) Plan Variation 2017 (No. 1)

Compilation No. 3

Compilation date:                                          31 January 2019

Includes amendments up to:                        F2019L00070

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Digital Radio Channels — NSW/ACT) Plan 2007 that shows the text of the law as amended and in force on 31 January 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1.  Name of Plan ....................................................................................................... 4

2.  Commencement.................................................................................................. 4

3.  Definitions............................................................................................................. 4

3A.  Dividing line....................................................................................................... 4

4.  Digital radio channel plans............................................................................... 5

5.  Maximum ERP limits........................................................................................... 5

6.  Co-channel transmitters.................................................................................... 6

Schedule 1...... Sydney RA1................................................................................... 7

Schedule 2...... Canberra RA1.............................................................................. 14

Endnotes.................................................................................................................. 17

1.  Name of Plan [see Note 1]

This Plan is the Radiocommunications (Digital Radio Channels — NSW/ACT) Plan 2007.

2.  Commencement [see Note 1]

This Plan commences on the day after it is registered.

3.  Definitions

(1)     In this Plan:

Act means the Radiocommunications Act 1992.

category means a category of digital radio multiplex transmitter licence described in section 5 of the Act.

DAB means digital audio broadcasting.

depression angle means the angle between the horizontal line and the dividing line.

designated BSA radio area means:

(a)   the BSA licence area (within the meaning of the Broadcasting Services Act 1992) of a commercial radio broadcasting licence; or

(b)   the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same (or is deemed to be the same) as the BSA licence area of a commercial radio broadcasting licence.

dividing line — see section 3A.

ERP means effective radiated power.

frequency block means a frequency channel of 1.536 MHz bandwidth.

horizontal line means a horizontal line at the maximum antenna height of an antenna.

maximum antenna height means the maximum permitted height above ground level of the electrical centre of an antenna.

(2)     In this Plan, unless the contrary intention appears:

(a)   a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)   a reference to any other kind of instrument or writing is a reference to that other kind of instrument or writing as in existence from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments,

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

3A.  Dividing line

(1)  In this Plan, dividing line means a line from a point at the maximum antenna height of an antenna to a point on the Earth below the horizontal line.

(2)  For subsection (1), if a negative value is specified in the depression angle, the point on the Earth is above the horizontal line.

4.  Digital radio channel plans

         (1)   For subsection 44A (1) of the Act, each Schedule is a digital radio channel plan for the designated BSA radio area specified in that Schedule.

         (2)   The digital radio channel plan specified in a Schedule:

(a)   allots a frequency block or blocks in relation to the designated BSA radio area for use by digital radio multiplex transmitter licensees; and

(b)   reserves a frequency block for a category 3 digital radio multiplex transmitter licence for the designated BSA radio area to be issued in accordance with subsection 102E (2) of the Act; and

(c)   determines which of the following types of licences, or which combination of the following types of licences, are to be issued for the designated BSA radio area:

(i)      category 1 digital radio multiplex transmitter licence;

(ii)     category 2 digital radio multiplex transmitter licence; and

(d)   if a particular type of licence mentioned in paragraph (c) is to be issued for the designated BSA radio area — determines whether:

(i)      a single licence of that type is to be issued for the designated BSA radio area; or

(ii)     2 or more licences of that type are to be issued for the designated BSA radio area; and

(e)   determines technical specifications of multiplex transmitters operated under digital radio multiplex transmitter licences for the designated BSA radio area.

Note   The relevant technical specifications are set out in each Schedule as “attachments”.

5.  Maximum ERP limits

         (1)   For each digital radio multiplex transmitter, the ERP of that transmitter in any part of a sector or bearing must not exceed the maximum ERP specified in the output radiation pattern table for that sector or bearing.

         (2)   If the output radiation pattern table for a digital radio multiplex transmitter specifies two maximum ERP values for a sector or bearing, the ERP of the transmitter in that sector or bearing must not exceed:

(a)   for a point at or above the dividing line — the maximum ERP in the column headed “At or above dividing line”; and

(b)   for a point below the dividing line — the maximum ERP in the column headed “Below dividing line”.

         (3)   The licensee of a digital radio multiplex transmitter must, if requested by ACMA to do so, demonstrate, to the satisfaction of ACMA, that the ERP of a transmitter in any part of a sector or bearing specified by ACMA complies with this section.

6.  Co-channel transmitters

The technical specifications for a co-channel transmitter licensed under a relevant digital radio multiplex transmitter licence are those specified in the licence.

Schedule 1        Sydney RA1

(subsection 4 (1))

Designated BSA radio area

Sydney RA1

Table 1  Frequency channels

Note:    Column 8 is included for information only.

Table 2  Number of licences to be issued

Attachment 1.1        Sydney 1

Attachment 1.2        Sydney 2

Attachment 1.3        Sydney 3

Attachment 1.4        Sydney 1

Attachment 1.5        Sydney 2

Attachment 1.6        Sydney 3

Schedule 2        Canberra RA1

(subsection 4(1))

Designated BSA radio area

Canberra RA1

Table 1  Frequency channels

Note:    Column 8 is included for information only.

Table 2  Type and number of licences to be issued

Attachment 2.1        Canberra 1

Attachment 2.2        Canberra 2

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history