Draft Variation to Licence Area Plan – Gosford Radio – No.1 of 2013Draft Variation to Licence Area Plan – Lismore Radio – No.1 of 2013Explanatory paperJULY 2013

CanberraPurple BuildingBenjamin OfficesChan StreetBelconnen ACT

PO Box 78Belconnen ACT 2616

T +61 2 6219 5555F +61 2 6219 5353

MelbourneLevel 44Melbourne Central Tower360 Elizabeth StreetMelbourne VIC

PO Box 13112Law CourtsMelbourne VIC 8010

T +61 3 9963 6800F +61 3 9963 6899

SydneyLevel 5The Bay Centre65 Pirrama RoadPyrmont NSW

PO Box Q500Queen Victoria BuildingNSW 1230

T +61 2 9334 7700 1800 226 667F +61 2 9334 7799

© Commonwealth of Australia 2013This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Editorial Services, Australian Communications and Media Authority, PO Box 13112 Law Courts, Melbourne Vic 8010.

Published by the Australian Communications and Media Authority

acma | iii

Background 1

Preliminary view – open narrowcasting radio – Gosford 2Background 2Discussion 2Conclusion 4

Preliminary view – open narrowcasting radio – Lismore 5Background 5Discussion 5Conclusion 6

Preliminary view – licence areas 7

Preliminary view – minor amendments 8

Submissions 9Publication of submissions 9Effective consultation 9

acma | iv

BackgroundThis explanatory paper accompanies the proposed Draft Variation to Licence Area Plan – Gosford Radio – No.1 of 2013 and Draft Variation to Licence Area Plan – Lismore Radio – No.1 of 2013.

The broadcast planning functions of the ACMA are set out in Part 3 of theBroadcasting Services Act 1992 (BSA). In performing its planning functions, the BSA requires the ACMA to promote the objects of the BSA,1 including the economic and efficient use of radiofrequency spectrum, and to have regard to the planning criteria set out in section 23.

The ACMA refers to the General Approach to Analog Planning when it considers the planning of broadcasting services. This document sets out the legislative framework and planning criteria, as well as the general approach to the planning of broadcasting services. It also contains a record of advice and assumptions about matters relevant to the ACMA’s broadcast planning functions and powers.

Under section 26 (Preparation of licence area plans) of the BSA, the ACMA2 must, by legislative instrument, prepare licence area plans (LAPs) that determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with use of the broadcasting services bands (BSB), and those plans must be consistent with the relevant frequency allotment plan (FAP).

The ACMA may vary LAPs under subsection 26(2) of the BSA and generally considers variations in response to submissions received or on becoming aware of technical issues that need addressing.

The ACMA has received two submissions from Sky Sport Radio in relation to broadcasting services in the LAPs for Gosford Radio (Gosford LAP) and Lismore Radio (Lismore LAP). These submissions have requested the ACMA consider varying the Gosford and Lismore LAPs to make frequencies available for a new high powered open narrowcasting (HPON) radio services in Gosford and Lismore, New South Wales.

The ACMA has considered the above submissions and formed the preliminary view that the making new HPON radio services available at Gosford and Lismore will potentially promote the objects of the BSA including the economic and efficient use of radiofrequency spectrum, as it likely to increase the mix of, and overall number of, broadcasting services available and is likely to increase the provision of diverse programming and coverage of matters of local significance in the Gosford and Lismore markets.

It has therefore been decided to seek public comment on proposed LAP variations.

The proposed changes are discussed in the preliminary views that follow:

1 Section 3 of the BSA.2 The broadcast planning functions of the ACMA were performed by the Australian Broadcasting Authority prior to 1 July 2005.

acma | 1

Preliminary view – open narrowcasting radio – GosfordThe ACMA proposes to vary the Gosford LAP by making channel capacity available for a new high powered open narrowcasting service. It is proposed that this service operates on:

> 747 kHz from Gosford Race Course with a maximum CMF of 215 V (500 watts ) during daytime hours and a maximum CMF of 140 V ( 200  watts) during night-time hours, with an omni-directional (OD) radiation pattern.

BackgroundThe Gosford LAP, determined on 31 August 2000, currently provides for two national, three commercial and four community radio broadcasting services and one HPON radio service.

On 28 July 2011 2KY Radio Broadcasters Pty Ltd, trading as Sky Sports Radio, submitted an application for a HPON to serve the Gosford area. The proposal was for a service that would broadcast on frequency 747 kHz with a maximum transmitter power of 500 watts (W) with an omni-directional pattern from a transmitter site at Gosford Race Course.

DiscussionIn considering whether to make a new HPON radio services available at Gosford, the ACMA has considered the factors listed in section 23 of the BSA, and in particular demographics and social and economic characteristics (sections 23 (a) and (b)), the number of existing broadcasting services and the demand for new services(section 23 (c)), and the technical restraints relating to the delivery of broadcasting services (section 23 (e)).

The Gosford LAP currently has one open narrowcasting service. The Gosford radio market has a population of 298,018 (2006 Census) and is based on the licence area (Gosford RA1) of the Gosford commercial radio broadcasting services 2CFM, 2GGO and 2GOS. The Gosford market represents 1.51% of the Australia population and between the 2001 and 2006 Australian Census the Gosford market grew at a rate of 4.38% in comparison to the Australia average of 4.48%. Comparable licence areas3 have similar number of commercial and community services but average a higher number of planned HPON services4.

3 Wollongong RA1 licence area (263, 566 persons), Hobart RA1 (229,020 persons) and Townsville RA1 (193, 997 persons) – 2006 census data4 The average across the three licence areas surveyed was 3 commercial, 4 community and 3 open narrowcasting services.

2 | acma

An assessment by the ACMA broadcast engineers found that this proposal had the potential for interference to the night time coverage of 4SQ a Toowoomba national service also broadcasting on frequency 747 kHz. However the assessment concluded that if the proposed HPON were to operate with day/night switching and decrease its transmitter power to 200 W at night time this would address the potential for interference.

Day/night switching of transmitter power refers to a technique designed to improve the reception and coverage of existing AM broadcasting services. The technique relies on the different propagation characteristics of MF radio signals by day and by night. As distant, co and adjacent channelled AM signals are prone to interfere with one another over much larger distances at night than during the day; it may be possible to operate a transmitter at much higher power during the day-time than during the night. As this technique does not affect the productivity of the MF spectrum, the approach is regarded as a spectrum efficient technique to improve the coverage and reception of MF services.

An assessment of the coverage of the proposed service planned with an urban grade of service and operating with the day/night power switching from the Gosford Race Course at 500 W would see a daytime urban coverage radius of 14km Gosford and the surrounding areas reaching approximately 182,000 people. The night time coverage of the proposed service at 200 W would see an estimated urban grade coverage radius of 4 km which would reach approximately 31,000 people.

Day and night time urban coverage of the proposed Gosford HPON on 747 kHz (Day time power = 500W, Night time power = 200W)

acma | 3

This represents a significant reduction in service between the daytime and night time coverage. However due to spectrum congestion in the Gosford licence area there are no other alternative frequencies available and owing to the possibility of co-channel interference with other broadcasting services there is no capability to improve the night time capacity of this proposed service on frequency 747 kHz.

Due to this technical restraint the ACMA believes the use of AM frequency 747 kHz at Gosford is not suitable for any other type of radio broadcasting service other than open narrowcasting.

The ACMA also believes that open narrowcasting radio services have a major role in promoting diversity, particularly of information but also of certain types of entertainment and in this instance if a new open narrowcasting radio service was made available at Gosford it is likely that it would be taken up.

ConclusionThe ACMA is of the preliminary view that making the AM frequency 747 kHz available for a new open narrowcasting radio service at Gosford is an economic and efficient use of radiofrequency spectrum. It will improve spectrum productivity and efficiency, as it makes available a service that is likely to be taken up and could not be taken up for any other radio broadcasting service.

It is also expected to promote the objects of the Act, in particular the objects at paragraph 3(1)(a), (f) and (g), as it increases the mix of, and overall number of, broadcasting services available and is likely to increase the provision of diverse programming and coverage of matters of local significance in Gosford.

It should also be noted that the ACMA believes there is no capacity to improve the performance of this service should its operation prove deficient.

4 | acma

Preliminary view – open narrowcasting radio – LismoreThe ACMA proposes to vary the Lismore LAP by making channel capacity available for a new high powered open narrowcasting service. It is proposed that his service operates on:

> 91.1 MHz from Robinsons Lookout with a maximum effective radiation pattern of 1 kilowatt (kW) with an OD radiation pattern.

BackgroundThe Lismore LAP was determined on 21 December 2000 and currently provides for seven national, two commercial and six community radio broadcasting services. There are no HPON broadcasting services operating or planned for the Lismore area.

On 28 July 2011 2KY Radio Broadcasters Pty Ltd, trading as Sky Sports Radio, submitted an application for a HPON to service the Lismore area. The proposal was for a service that would broadcast on frequency 91.1 MHz with a maximum ERP of 1 kilowatt (kW) with an omni-directional pattern from a transmitter site at Robinsons Lookout, situated on the outskirts of Lismore.

DiscussionIn considering whether to make a new HPON radio services available at Lismore, the ACMA has considered the factors listed in section 23 of the BSA, and in particular demographics and social and economic characteristics (sections 23 (a) and (b)), the number of existing broadcasting services and the demand for new services(section 23 (c)), and the technical restraints relating to the delivery of broadcasting services (section 23 (e)).

The Lismore radio market has a population of 136,854 (2006 Census) and is based on the licence area (Lismore RA1) of the Lismore commercial radio broadcasting services 2LM and 2ZZZ. The Lismore market represents 0.70% of the Australia population and between the 2001 and 2006 Australian Census the Lismore market grew at a rate of 0.82% in comparison to the Australia average of 4.48%.

In contrast to other markets with similar populations5 the Lismore radio market has a comparable number of commercial and community broadcasting services but fewer open narrowcasting services6.

5 Kempsey RA1 licence area (111,712 persons), Nowra RA1 (149,059 persons) and Mackay RA1 (121, 554 persons) – 2006 census data6 The average across the three licence areas surveyed was 3 commercial, 4 community and 3 open narrowcasting services.

acma | 5

An assessment by the ACMA broadcasting engineers has found that the frequency 91.1 MHz, with a maximum ERP of 1 kW and an OD antenna pattern, is available and is suitable for the provision of an additional open narrowcasting radio service at Lismore and that there would be no interference to co-channels or adjacent channels from its use.

6 | acma

The coverage radius of the proposed service would be 15km from the transmitter site which would reach approximately 38,500 people in Lismore and surrounding area.

Urban coverage of the proposed Lismore HPON on 91.1 MHz (ERP = 1kW)

The ACMA believes that open narrowcasting radio services have a major role in promoting diversity, particularly of information but also of certain types of entertainment and in this instance if a new open narrowcasting radio service was made available at Lismore it is likely that it would be taken up.

ConclusionThe ACMA is of the preliminary view that making the FM frequency 91.1 MHz available for a new open narrowcasting radio service at Lismore is an economic and efficient use of radiofrequency spectrum. It will improve spectrum productivity and efficiency, as it makes available a service that is likely to be taken.

It is also expected to promote the objects of the Act, in particular the objects at paragraph 3(1)(a), (f) and (g), as it increases the mix of, and overall number of, broadcasting services available and is likely to increase the provision of diverse programming and coverage of matters of local significance in Lismore.

acma | 7

Preliminary view – licence areasThe ACMA proposes that the existing radio licence areas in the Gosford and Lismore LAPs be redefined using 2006 census data but otherwise remain unchanged.

The licence areas radio broadcasting services in the Gosford and Lismore LAPs are currently described using boundaries from the 2001 census.

The Australian Bureau of Statistics has made available to the ACMA the most recently published census count (2006) as prepared by the Australian Statistician. Therefore, the ACMA proposes that these licence areas be redefined using 2006 census data, but otherwise remain unchanged.

The 2011 census count has yet to be made available to the ACMA.

These updated licence areas are detailed in the Licence Area Maps that accompany this explanatory paper.

8 | acma

Preliminary view – minor amendmentsThe ACMA proposes to update Schedules and Attachments in the Gosford and Lismore LAPs.

The ACMA proposes to make minor amendments to all the schedules and to each of the attachments that contain the characteristics, including technical specifications of the radio broadcasting services in the Gosford and Lismore LAPs.

The ACMA does not intend these minor amendments to alter any existing rights or obligations.

The proposed changes to the Schedule in the Gosford LAP include:> renaming it “Schedule One” and updating the sub-heading so that

it reads “Licence Area Plan: Gosford Radio”> removing the ‘Status’ column in the table in the existing schedule> amending the column titled ‘Frequency’ to ‘Channel/Frequency’

The proposed changes to Attachments 1.2 – 1.4 and 1.6 – 1.11 in the Gosford LAP include:

> updating the headings on all the attachments so that they read “LICENCE AREA PLAN: Gosford Radio”;

> updating the reference under “Site Tolerance :” so that it now says “Refer to Broadcasting Services (Technical Planning) Guidelines 2007”;

The proposed changes to the Schedules in the Lismore LAP include:> updating the sub-heading on each Schedule so that it now reads

“Licence Area Plan : Lismore Radio”

The proposed changes to the Attachments 1.2 – 1.11, 2.2, 3.2, 4.2, 5.2, 6.2 and 7.2 include:

> updating the sub-heading so that it reads “LICENCE AREA PLAN : Lismore Radio”

> updating the reference under “Site Tolerance :” so that it now says “Refer to Broadcasting Services (Technical Planning) Guidelines 2007”;

This information has been updated for ease of reference only and does not signify a change to the broadcast site for the transmitters for a change to the planned performance or operation of these services, but rather amends the Gosford and Lismore LAPs to ensure that they are described in the same manner as other recently varied radio LAPs.

acma | 9

SubmissionsSubmissions, quoting file reference ACMA2010/1019, are invited in writing by 5 pm, Friday 15 August 2013.

The preferred method for the receipt of submissions is by email to: rps@acma.gov.au, otherwise submissions can be posted to:

Draft variation to Gosford and Lismore LAPs – No.1 of 2013Radio Planning SectionAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

Any enquiries concerning matters raised in this document should be directed to Nicole Brown on (02) 6256 2821.

Publication of submissionsAll submissions received will be made available for public inspection on the ACMA’s web site at www.acma.gov.au.

Under subsection 27(2) of the Broadcasting Services Act 1992 (BSA), the ACMA is required to make all submissions available for public inspection. Any submission marked ‘In confidence’, ‘Confidential’ or similar, will not be considered by the ACMA in finalising this LAP variation.

Effective consultation The ACMA is working to enhance the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal written consultation processes, it has developed Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal written public consultation processes and practical guidance on how to make a submission.

10 | acma