Radiocommunications (Digital Radio Channels – Western Australia) Plan 2007
made under subsection 44A of the
Radiocommunications Act 1992
Compilation No. 3
Compilation date: 7 June 2019
Includes amendments up to: F2019L00726
Prepared by the Australian Communications and Media Authority, Melbourne
About this compilation
This compilation
This is a compilation of the Radiocommunications (Digital Radio Channels – Western Australia) Plan 2007 that shows the text of the law as amended and in force on 7 June 2006 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
This Plan is the Radiocommunications (Digital Radio Channels — Western Australia) Plan 2007.
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.
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.
ERP means effective radiated power.
frequency block means a frequency channel of 1.536 MHz bandwidth.
maximum antenna height means the maximum permitted height above ground level of the electrical centre of an antenna.
technical planning guidelines means the guidelines made under section 33 of the Broadcasting Services Act 1992, as in force from time to time.
(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”.
(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) 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.
The technical specifications for a co-channel transmitter licensed under a relevant digital radio multiplex transmitter licence are those determined by the technical planning guidelines.
Note As at the date of the commencement of this section, the technical specifications for a co-channel transmitter licensed under a relevant digital radio multiplex transmitter are set out in Division 8 of part 8 of the Broadcasting Services (Technical Planning) Guidelines 2017.
7 References to other instruments
In this instrument, 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 force or in existence at the commencement of this instrument.
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, which may be accessed at www.legislation.gov.au.