Federal Register of Legislation - Australian Government

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Licences/Radiocommunications as made
This instrument amends the Licence Area Plan - Armidale (Radio) - August 1998 to vary the characteristics, including technical specifications, of radio broadcasting services in the Armidale area of New South Wales.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 13
Registered 29 Jan 2020
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
Date of repeal 15 May 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 – Armidale Radio 2020 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan –Armidale Radio 2020 (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 made available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority determined the Licence Area Plan – Armidale (Radio) – August 1998 (F2005B00587) (Armidale LAP) in August 1998.

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Armidale area of New South Wales. In particular, the instrument makes spectrum available for two FM transmitters––a main and an infill transmitter––to enable an existing commercial radio broadcasting service (2AD) to convert from AM to FM transmission.

The instrument updates some transmitter site nominal locations and replaces Australian Map Grid References for these transmitters with coordinates using the Geocentric Datum of Australia 1994 (GDA94). It also includes a provision to state how instruments and other writing are incorporated into the Armidale LAP.

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 varies the Armidale LAP to incorporate the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time.

The Broadcasting Services (Technical Planning) Guidelines 2017 may be accessed free of charge 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 Armidale LAP, on 11 October 2019 the ACMA published a consultation paper on its website which provided the background to the proposal. The ACMA also issued a media release about the consultation and announced the release of the consultation paper via social media to engage with residents in the relevant radio licence area. The following stakeholders were separately notified about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Armidale RA1 licence area and in adjacent radio licence areas; peak bodies––Commercial Radio Australia, Community Broadcasting Association of Australia and Australian Narrowcast Radio Association; Airservices Australia; and state and federal politicians whose electorates include the Armidale area. Local councils, local libraries and civic bodies were also contacted.

The consultation period ended on 8 November 2019. The ACMA received two submissions and 21 Facebook comments in response to the consultation process. Of the two submissions, one did not support the proposed AM to FM conversion on the basis of a perceived loss of coverage. The second submission discussed digital radio, which was not the subject matter of the proposal.

The ACMA also received 21 Facebook comments about the proposal. Some comments were general in nature whereas others were specifically about the proposal. One comment was supportive of the proposal whereas another queried the reason for the AM to FM conversion.

The ACMA took all submissions and comments into account in making the instrument.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note entitled “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.

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 with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument varies the Licence Area Plan – Armidale (Radio) – August 1998. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Armidale area of New South Wales.

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 – Armidale Radio 2020 (No. 1)

Section 1         Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Armidale Radio 2020 (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         Amendments

This section varies the Armidale LAP as set out in paragraphs 4(a) to 4(v).

Paragraph 4(a) renames the Armidale LAP as the Licence Area Plan – Armidale Radio.

Paragraph 4(b) numbers each of the clauses below the heading ‘Determination’.

Paragraph 4(c) omits clause (1) and substitutes a new clause (1) to provide that the Armidale LAP is a plan for radio broadcasting services in the Armidale area of New South Wales and is made under subsection 26(1) of the Act.

Paragraph 4(d) amends clauses (2) and (3) by replacing the word “Determination” with “plan”.

Paragraph 4(e) inserts a new clause (4). The new clause ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Armidale LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 (TPGs) or any other legislative instrument includes a reference to that legislative instrument as in force from time to time. Clause (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(f) omits the page entitled “SCHEDULES”.

Paragraph 4(g) omits existing Schedules One and Two and replaces them with new Schedules One and Two (contained in Schedule 1 to the instrument).

Paragraph 4(h) amends Attachment 1.1 by removing from the heading unnecessary text about the month and year that the Armidale LAP was made. The paragraph also makes a formatting change to the service licence numbers and removes  other unnecessary text.

Paragraph 4(i) amends Attachments 1.2 – 1.13 and 2.2 by amending the heading to remove the same month and year as that referred to in paragraph 4(g) and amends the reference to the TPGs.

Paragraph 4(j) replaces the same Nominal Location text in Attachments 1.2, 1.3, 1.4 and 1.9 of the Armidale LAP with alternate wording to provide a better description of the actual location. The coordinates for the location are also updated from an Australian Map Grid reference to GDA94 coordinates. The paragraph also makes the same change to the maximum antenna height in each Attachment.

Paragraph 4(k) replaces the Nominal Location text in Attachment 1.5 with alternate wording to provide a better description of the actual location. The coordinates for that location are also updated from an Australian Map Grid reference to GDA94 coordinates. The paragraph also includes a Special Condition about maximum cymomotive force.

Paragraph 4(l) inserts new Attachment 1.5A (contained in Schedule 2 to the instrument) which is the technical specification for an existing Australian Broadcasting Corporation transmitter at Armidale.

Paragraph 4(m) makes the same changes to Attachments 1.6, 1.7 and 1.10 by replacing the same Nominal Location text with alternate wording to provide a better description of the actual location. In addition, in each Attachment, the Australian Map Grid reference is changed to GDA94 coordinates.

Paragraph 4(n) replaces the Nominal Location text in Attachment 1.8 with alternate wording to provide a better description of the actual location. It also makes a corresponding change from an Australian Map Grid reference to GDA94 coordinates. In addition, the paragraph makes a change to the Bearing or Section information in the Output Radiation Pattern table and a Special Condition is included about maximum cymomotive force. Lastly, text is added about the availability of spectrum for the 2AD AM to FM conversion process.

Paragraph 4(o) inserts new Attachments 1.8A and 1.8B (contained in Schedule 2 to the instrument). The Attachments are the technical specifications for two proposed transmitters to enable the 2AD service to convert from AM to FM transmission.

Paragraph 4(p) amends Attachment 1.10 by including an Advisory Note about the level of protection afforded to a transmission under that attachment.

Paragraphs 4(q), (r) and (s) replace the Nominal Location text in Attachments 1.11, 1.12 and 1.13 with alternate wording to provide a better description of the actual location. In each case, the Australian Map Grid reference is changed to GDA94 coordinates. The paragraphs also replace the Special Condition with an Advisory Note to define the coverage area of the transmission.

Paragraph 4(t) makes similar heading changes to Attachment 2.1 as those made for Attachment 1.1 by paragraph 4(h).

Paragraph 4(u) replaces the Nominal Location text in Attachment 2.2 with alternate wording to provide a better description of the actual location. As with other Attachments, the Australian Map Grid reference is updated to GDA94 coordinates.

Paragraphs 4(v) and (w) make minor typographical changes to various Attachments.