Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2016 (No. 1)Discussion paperFEBRUARY 2016

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Issues for comment

Background

Preliminary view 1—Commercial radio: Flow FMBirchip, Victoria 5Beulah, Victoria 6Mt Buller, Victoria 7Preliminary view 8

Preliminary view 2—Commercial radio: Rebel MediaBocoble, New South Wales 10Coolah, New South Wales 11Warrumbungles, New South Wales 11Coonamble, New South Wales 14Coomba Park/Stroud, New South Wales 15Comboyne, New South Wales 16Kendall, New South Wales 18Childers (Mt Goonaneman), Queensland 20Cooktown, Queensland 21Preliminary view 22

Preliminary view 3—Community radioWujal Wujal, Queensland 23Ceduna, SA, Elliott and Katherine, Northern Territory 24Preliminary view 24

Preliminary view 4—Minor amendments

Invitation to commentMaking a submission 27

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Executive summary—Proposed LAP variationsThis discussion paper accompanies the draft instrument, Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2016 (No. 1) (the 2016 draft variation).

In response to the submissions received from the public consultation process for a 2013 draft variation to the Licence Area Plan – Remote Central and Eastern Australia – Radio (the Remote LAP), the Australian Communications and Media Authority (the ACMA) has reconsidered several proposals contained in that draft variation. As a result, the ACMA proposes to:> make spectrum available for the commercial radio broadcasting service with the

callsign 8SAT at Birchip > make spectrum available for the commercial radio services with the callsigns 4RBL

and 4BRZ at Bocoble> vary technical specifications for the commercial radio service with the callsign

4RBL, and make spectrum available for the commercial radio service with the callsign 4BRZ, both of which are to serve the Warrumbungles

> make spectrum available for the commercial radio service with the callsign 4BRZ at Coolah.

The licensee of the existing Remote Central Zone commercial radio broadcasting service with the callsign 8SAT has requested that the ACMA consider varying the Remote LAP to:> make spectrum available at Beulah> make spectrum available at Mt Buller.

The licensee of the existing Remote North East Zone commercial radio broadcasting service with the callsigns 4RBL and 4BRZ has requested that the ACMA consider varying the Remote LAP to:> make spectrum available for 4RBL and 4BRZ at Coonamble and Kendall> make spectrum available for 4BRZ at Comboyne> vary technical specifications and the name of the general area served for the 4RBL

and 4BRZ services at Coomba Park/Stroud> vary technical specifications for the 4RBL and 4BRZ services at Childers and

include an alternative technical specification for both services> vary technical specifications for the 4RBL service at Cooktown.

The ACMA is also proposing to:> vary technical specifications for the commercial radio broadcasting service with the

callsign 4RBL at Comboyne> vary technical specifications for the community radio broadcasting service with the

callsign 4ACR at Wujal Wujal> make spectrum available for the community radio broadcasting service with the

callsign 8KIN at Ceduna, Elliott and Katherine.

The ACMA has formed preliminary views that the proposed variations listed below will promote the objects of the BSA, including the economic and efficient use of

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radiofrequency spectrum, by improving the coverage and reception of those services in their licence areas. The ACMA has, therefore, decided to seek public comment on the proposed radio LAP variations, namely that it should, in the Remote LAP:> make spectrum available for the commercial broadcasting service with the callsign

8SAT at Birchip, Victoria (Preliminary view 1)> make spectrum available for the commercial broadcasting service with the callsign

8SAT at Beulah, Victoria (Preliminary view 1)> make spectrum available for the commercial broadcasting service with the callsign

8SAT at Mt Buller, Victoria (Preliminary view 1)> make spectrum available for the commercial broadcasting services with the

callsigns 4RBL and 4BRZ at Bocoble, New South Wales (Preliminary view 2)> make spectrum available for the commercial broadcasting service with the callsign

4BRZ at Coolah, New South Wales (Preliminary view 2)> vary technical specifications for the commercial broadcasting service with the

callsign 4RBL at the Warrumbungles, New South Wales (Preliminary view 2)> make spectrum available for the commercial broadcasting service with the callsign

4BRZ at the Warrumbungles, New South Wales (Preliminary view 2)> make spectrum available for the commercial broadcasting services with the

callsigns 4RBL and 4BRZ at Coonamble, New South Wales (Preliminary view 2)> vary technical specifications for the commercial broadcasting services with the

callsigns 4RBL and 4BRZ at Childers, Queensland and include an alternative technical specification for both services (Preliminary view 2)

> vary technical specifications and the name of the area served for the commercial broadcasting services with the callsigns 4RBL and 4BRZ at Coomba Park/Stroud, New South Wales (Preliminary view 2)

> make spectrum available for commercial broadcasting services with the callsigns 4RBL and 4BRZ at Kendall, New South Wales (Preliminary view 2)

> make spectrum available for the commercial broadcasting service with the callsign 4BRZ at Comboyne, New South Wales (Preliminary view 2)

> vary technical specifications for the commercial broadcasting service with the callsign 4RBL at Comboyne, New South Wales (Preliminary view 2)

> vary technical specifications to address interference issues for the commercial broadcasting service with the callsign 4RBL at Cooktown, Queensland (Preliminary view 2)

> vary technical specifications and the licence area of the community broadcasting service with the callsign 4ACR at Wujal Wujal, Queensland (Preliminary view 3)

> make spectrum available for the community broadcasting service with the callsign 8KIN at Ceduna, South Australia, and Elliott and Katherine, Northern Territory (Preliminary view 3)

> make minor amendments to update the schedules and various attachments in the Remote LAP (Preliminary view 4).

Further discussion of these matters is set out below.

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Issues for comment This discussion paper does not seek responses to specific questions. However, the ACMA welcomes comment from interested stakeholders on the issues raised in this paper or any other issues relevant to the proposed LAP variation.

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BackgroundThe broadcast planning functions of the ACMA are set out in Part 3 of the Broadcasting Services Act 1992 (BSA). In performing its planning functions, the ACMA must promote the objects of the BSA1, including the economic and efficient use of radiofrequency spectrum, and have regard to the planning criteria set out in section 23 of the BSA.

The ACMA refers to the General Approach to Analog Planning when it considers the planning of radio broadcasting services. This document sets out the legislative framework and planning criteria, as well as the general approach to the planning of broadcasting services.

Under section 26 (Preparation of licence area plans) of the BSA, the ACMA 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 the use of the broadcasting services bands (BSB).

Subsection 26(2) of the BSA gives the ACMA a discretionary power to vary LAPs. There is no right to apply for a variation to a LAP; however, it is the ACMA’s practice to consider requests that LAPs be varied. The ACMA policy on assessing and prioritising requests to vary radio LAPs sets out the framework for the ACMA’s consideration of requests received from licensees or third parties. Initial consideration of requests to vary LAPs is conducted as part of the ACMA’s incidental powers and functions under the Australian Communications and Media Authority Act 2005. The ACMA’s planning functions in Part 3 of the BSA are not engaged unless or until it decides to propose a variation be made to the LAP, at which time the ACMA will engage in what it considers to be appropriate and reasonably practical public consultation about the proposed variation.2

If the ACMA decides to propose a radio LAP variation, it usually prepares a draft LAP variation instrument, and releases the draft for consultation. The draft LAP is generally accompanied by a discussion paper. The ACMA considers submissions received from stakeholders before making a final decision on whether it will vary the LAP.

For information, for FM planning purposes3, the protected field strength in the presence of man-made radio noise alone, is shown as follows:

Environment Protected field strength

Rural (mono) environment > 48 dBuV/m

Rural (stereo) environment > 54 dBuV/m

Suburban environment > 66 dBuV/m

Urban environment > 74 dBuV/m

1 Section 3 of the BSA.2 In accordance with subsection 17(1) of the Legislative Instruments Act 2003.3 Technical Planning Parameters and Methods for Terrestrial Broadcasting 2004.

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Preliminary view 1—Commercial radio: Flow FM The ACMA proposes to make spectrum available for the commercial broadcasting service with the callsign 8SAT at Birchip, Victoria. It is proposed that this service operate on:> a frequency of 106.5 MHz from ‘Bcast/Comms Mast, Optus Site, Inkerman Street

Watchem’, with a maximum effective radiated power (ERP) of 5 kilowatts (kW), a directional antenna pattern (DA) and a maximum antenna height of 30 m.

The ACMA proposes to make spectrum available for the commercial broadcasting service with the callsign 8SAT at Beulah, Victoria. It is proposed that this service operate on:> a frequency of 92.1 MHz from the site ‘Lot 119 West Brim Rd, Brim West’, with a

maximum ERP of 6 kW DA and a maximum antenna height of 30 m.

The ACMA proposes to make spectrum available for the commercial broadcasting service with the callsign 8SAT at Mt Buller, Victoria. It is proposed that this service operate on:> a frequency of 90.5 MHz from the site ‘Snow Making Factory, Summit Rd, Mt

Buller’, with a maximum ERP of 200 watts (W), omni-directional pattern (OD) and a maximum antenna height of 15 m.

Birchip, VictoriaBirchip is located in the Mallee region of Victoria with a population of 662 (as at the 2011 census).

In the 2013 draft variation, the ACMA proposed that spectrum be made available for an 8SAT service in Birchip. It was proposed that this service would operate on the frequency 97.7 MHz from ‘Bcast/Comms Mast, Optus Site Adj Football Ground, Inkerman Street, Watchem’, with a maximum ERP of 5 kW DA and a maximum antenna height of 30 metres.

The 8SAT service has been licensed through a temporary allocation of spectrum under section 34 of the BSA since June 2009, with technical specifications identical to those proposed in the 2013 draft LAP variation. This approach was adopted to expedite the commencement of the service prior to the variation to the Remote LAP under section 100 of the Radiocommunications Act 1992.

Flow FM has advised the ACMA that the Birchip service has been experiencing interference in the Donald and Beulah area from the co-channelled 3GVR Goulburn Valley service.

Engineering assessments indicate that an alternative frequency of 106.5 MHz will be able to operate using the same technical specifications as the proposed 97.7 MHz service. This service will also be interference limited; however, the areas that may potentially experience interference will be different. An advisory note is proposed to be applied, such that this service can only be protected from interference to field strength levels of 66 dBuV/m and above.

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Beulah, VictoriaBeulah is located in the southern Mallee region of Victoria, 196 kilometres south of Mildura with a population of 640 (as at the 2011 census).

Flow FM has requested that spectrum be made available for a new greenfield site located between Beulah and Brim on the Brim West Road to serve the Beulah and Brim areas. The proposed transmission site is located in an overlap area of the Horsham RA1 and the Remote Commercial Radio Service Central Zone RA1 (Central Zone) licence areas.

Flow FM requested that the Beulah service operate on 106.5 MHz, with a maximum ERP of 3 kW DA and an antenna height of 30 metres from a new site on the Brim West Road. However, 106.5 MHz has the potential for mutual co-channel interference with the Birchip transmitter that is proposed to operate on 106.5 MHz. An alternative frequency of 92.1 MHz has been identified and is considered the most spectrally efficient frequency for the Beulah transmitter to avoid limiting further spectrum planning in Western Victoria.

Coverage predictions shown in Figure 1 below indicate a reasonable coverage of the Beulah area with minimal overspill above a rural grade signal level into the Horsham RA1 licence area (excluding the overlap area with the North East Zone licence area).

Figure 1: Predicted coverage of the 8SAT Beulah transmitter with 3 kW ERP (DA)

Key: Brown line: Horsham RA1 licence area boundary. Black line: Remote Central Zone RA1 licence area boundary. Orange line: UCL boundary. (Model: ITU 1546-1 Terrain. DEM: 3s)

Engineering assessments by ACMA staff have indicated that increasing the ERP from the requested 3 kW to 6 kW would help to overcome the potential for interference from other services and would improve the coverage to the Beulah area without causing a significant increase in overspill coverage beyond the Central Zone RA1 licence area.

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Coverage predictions, shown in Figure 2 below, indicate the expected coverage of the Beulah transmitter operating at a maximum ERP of 6 kW DA. The effect of potentially interfering services is not shown in this prediction, or any other predictions included in this discussion paper.

Figure 2: Predicted coverage of the 8SAT Beulah transmitter with 6 kW ERP (DA)

Key: Brown line: Horsham RA1 licence area boundary. Black line: Remote Central Zone RA1 licence area boundary. Orange line: UCL boundary. (Model: ITU 1546-1 Terrain. DEM: 3s)

ACMA engineering analysis indicates that the transmitter is not expected to cause interference to any broadcasting service.

There is the potential for the service to receive interference within the rural signal level contour in the Remote Central Zone RA1 licence area from neighbouring services, particularly from the Bendigo service at Mt Alexander. While this may not occur, the ACMA proposes to include an advisory note, limiting protection of the Beulah service to areas that receive signal levels greater than 60 dBuV/m.

Mt Buller, VictoriaMt Buller is situated in the alpine region of Victoria, approximately 200 kilometres east of Melbourne, with a population of 242 (as at the 2011 census).

Flow FM has requested that the ACMA make spectrum available for an 8SAT transmitter to provide coverage for Mount Buller and the surrounding areas of Jamieson, Kevington, Macs Cove, Howqua Inlet, Goughs Bay, Sawmill Settlement, Mirimbah, Gaffneys Creek and Matlock. The proposed transmission site is located in an overlap area of the Shepparton RA1 and the Remote Commercial Radio Service Central Zone RA1 (Central Zone) licence areas.

The 8SAT service has been licensed through a temporary allocation of spectrum on 90.5 MHz, with a maximum ERP of 200 W OD from the site ‘Snow Making Factory, Summit Road, Mt Buller’ under section 34 of the BSA.

Although the service is not yet operating, Flow FM has proposed that the technical specifications be changed to operate on the frequency 95.7 MHz with an ERP of 1 kW

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from a greenfield site located approximately 400 metres west of the Snow Making Factory site.

An engineering assessment by the ACMA has identified the possibility of co-channel interference with a community service at Waverley if the frequency 95.7 MHz proposed by Flow FM is used. The engineering assessment also indicated that the additional areas of Jamieson, Kevington, Macs Cove, Howqua Inlet, Goughs Bay, Sawmill Settlement, Mirimbah, Gaffneys Creek and Matlock would not be served from either the proposed greenfield site or the current licensed site with 1 kW ERP due to terrain obstructions.

Coverage predictions indicate that, operating on either the currently licensed ERP of 200 W or the requested increased ERP of 1 kW from the greenfield site, there is potential for excessive and unacceptable overspill into Marysville, outside the remote central zone licence area.

Therefore, the ACMA considers it is not appropriate to change the technical specifications of this transmitter from the current licensed operating conditions at the temporarily authorised site.

Due to overspill and site limitations, coverage of this service will be limited to the Mt Buller local area only. Site changes will not be permitted due to the potential for any site change to increase overspill.

Preliminary viewThe ACMA is of the preliminary view that, having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the proposals presented in regard to Flow FM are an efficient and economic use of the radiofrequency spectrum and will promote the objects of the BSA, specifically the availability of a diverse range of radio services (paragraph 3(1)(a) of the BSA) and a regulatory environment that will facilitate the development of a broadcasting industry in Australia that is efficient, competitive and responsive to audience needs (paragraph 3(1)(b) of the BSA).

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Preliminary view 2—Commercial radio: Rebel MediaThe ACMA proposes to make spectrum available for the proposed commercial broadcasting services with the callsigns 4RBL and 4BRZ at Bocoble, NSW. It is proposed that these services operate:> from the ‘Communal Site, Mt Bocoble, Bocoble’ with a maximum ERP of 100 W DA

and a maximum antenna height of 30 m, on FM frequencies 91.5 MHz (4RBL) and 95.1 MHz (4BRZ).

The ACMA proposes to make spectrum available for the commercial broadcasting service with the callsign 4BRZ at Coolah, NSW. It is proposed that this service operate on: > a frequency of 98.7 MHz from the ‘Prime TV Site Adj Queensborough Trig off

Kerrewah Rd, Coolah’.

The ACMA proposes to vary technical specifications, including the frequency for the commercial broadcasting service with the callsign 4RBL, and make spectrum available for the proposed commercial broadcasting service with the callsign 4BRZ at the Warrumbungles, NSW. It is proposed that these services operate:> with a maximum ERP of 2.5 kW DA and a maximum antenna height of 35 m on the

frequencies 88.5 MHz (4RBL) and 89.3 MHz (4BRZ) from the ‘Nominal Planning Site Mt Cenn Cruaich, Access Road, Mt Cenn Cruaich’.

The ACMA proposes to make spectrum available for the commercial broadcasting services with the callsigns 4RBL and 4BRZ at Coonamble, NSW. It is proposed that these services operate on:> the frequencies 98.7 MHz (4RBL) and 100.3 MHz (4BRZ), with a maximum ERP of

100 W OD and a maximum antenna height of 30 m from the ‘Water Tank site, NE Cnr Wingadee St and Carrinda Rd, Coonamble’.

The ACMA proposes to make spectrum available for the commercial broadcasting service with the callsign 4BRZ at Comboyne, NSW. It is proposed that the service operates on:> a frequency 91.1 MHz, with a maximum ERP of 500 W DA and a maximum

antenna height of 20 m from the ‘Nominal Planning Site, Comboyne’.

The ACMA proposes to vary technical specifications for the commercial broadcasting service with the callsign 4RBL at Comboyne, NSW, to add an advisory note, limiting protection of the 4RBL Comboyne service to areas that receive signal levels greater than 66 dBuV/m.

The ACMA proposes to make spectrum available for the commercial broadcasting services with the callsigns 4RBL and 4BRZ at Kendall, NSW. It is proposed that these services operate on:> the frequencies 105.3 MHz (4RBL) and 106.9 MHz (4BRZ), with a maximum ERP

of 50 W OD and a maximum antenna height of 30 m from ‘NBN Co Site, 89 Lorne Rd, Kendall’.

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The ACMA proposes to vary technical specifications and change the name of the general area served for the commercial broadcasting services with the callsigns 4RBL and 4BRZ at Coomba Park/Stroud, NSW. It is proposed that: > the polarisation be changed from vertical to mixed > the name of the general area served be changed from Coomba Park/Stroud to

Great Lakes.

The ACMA proposes to vary technical specifications for the commercial broadcasting services with the callsigns 4RBL and 4BRZ at Childers, Qld. It is proposed that these services operate from:> the ‘Rebel Media Site Mt Goonanamen Woowoonga’ on the frequencies

106.7 MHz (4RBL) and 102.5 MHz (4BRZ), with a maximum ERP of 700 W OD and a maximum antenna height of 40 m; or

> the ‘Queensland Comms Site Mount Goonaneman Woowoonga’, on the frequencies106.7 MHz (4RBL) and 105.5 MHz (4BRZ), with a maximum ERP of 1 kW OD and a maximum antenna height of 20 m as an alternative site

The ACMA proposes to vary technical specifications including the frequency, maximum ERP and nominal location for the commercial broadcasting service with the callsign 4RBL at Cooktown, Qld. It is proposed that this service operate on frequency 93.7 MHz with a maximum ERP of 200 W OD and a maximum antenna height of 15 m from the ‘Ergon Energy Site Mt Tully’, 6 km WSW of Cooktown.

Bocoble, New South WalesBocoble is located in the mid-west of New South Wales, approximately 25 kilometres west-north-west of Kandos and 25 kilometres south-east of Mudgee. The local area had a population of 441 (as at the 2011 census).

In the 2013 draft variation, the ACMA proposed to make spectrum available for the commercial radio broadcasting services 4RBL and 4BRZ at Bocoble. It was proposed that these services would operate on the frequencies 91.5 MHz (4RBL) and 95.1 MHz (4BRZ), with an ERP of 150 W DA from the ‘Communal Site, Mt Bocoble, Bocoble’.

The proposed transmitter site is in the overlap area of the Remote Commercial Radio Service North East Zone RA1 (North East Zone) licence area and the Mudgee RA3 licence area. The Mudgee RA3 licence area is the determined licence area for the 2GEE commercial service held by the same licensee.4 The communities of Kandos and Rylstone are contained within both the Mudgee RA1 and RA3 licence areas. Mudgee RA1 licence area is slightly smaller than the Mudgee RA3 licence area and both are surrounded by the North East Zone licence area.

Due to the proximity of the North East Zone licence area to the Mudgee RA1 and RA3 licence areas, it is accepted that a degree of overspill into and from each licence area is unavoidable in order to allow each licensee to service their own licence areas.

Submissions received in response to the discussion paper for the 2013 draft variation raised concerns regarding overspill into Kandos and Rylstone. As a result, ACMA engineering staff reviewed the draft LAP variation proposal. This review indicates that, with a maximum ERP of 150 W and a directional antenna pattern, under the 2013 proposal the services would have covered a population of 4,251, of whom 59 per cent are solely in the Mudgee RA1 and RA3 licence areas. The review also indicates that

4 The licence area for the Mudgee RA3 licence area for the 2GEE commercial service is determined under section 39 of the BSA (Additional commercial radio licences in single markets.)

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89 per cent of the combined population served in Kandos and Rylstone would receive a suburban level of signal or above.

The ACMA considers that coverage of the areas surrounding Kandos and Rylstone should correspond to a rural grade signal. Further engineering analysis predicts that a modified directional antenna pattern with an ERP of 100 W would reduce the population covered by overspill into the Mudgee RA1 and RA3 licence areas by 20 per cent and reduce the signal level to a rural grade. The ACMA, therefore, now considers it appropriate to revise the proposed technical specifications for the 4RBL and 4BRZ transmitters at Bocoble.

Coolah, New South WalesCoolah is located in the Warrumbungle Shire in the central northern part of New South Wales, around 370 kilometres north-west of Sydney and 136 kilometres north-east of Dubbo. At the 2011 census, Coolah had a population of 1,278.

In the 2013 draft variation, the ACMA proposed to increase the maximum power level of commercial radio broadcasting service 4RBL and to make spectrum available for the commercial radio broadcasting service 4BRZ at Coolah. It was proposed that these services would operate in the frequencies 100.3 MHz (4RBL) and 97.9 MHz (4BRZ), with a maximum ERP of 2 kW OD from the ‘Prime TV Site Adj Queensborough Trig off Kerrewah Rd, Coolah’.

The amendment for the 4RBL service was completed in the Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No. 1 of 2015, which was made in June 2015.

Submissions received during the consultation for the 2013 draft variation to the Remote LAP raised concerns about the proposed frequency for the 4BRZ service causing interference to the commercial broadcasting service 2GEE/T at Kandos. A review of the proposal by ACMA engineers has identified potential interference to the Kandos service if the frequency 97.9 MHz is used for the proposed 4BRZ service in Coolah.

An alternative frequency 98.7 MHz has been identified as suitable for use by the 4BRZ service in Coolah with the proposed 2013 draft variation technical specifications. This frequency is expected not to cause any interference to any existing broadcasting service.

The ACMA, therefore, now considers it appropriate to revise the frequency for the proposed 4BRZ service at Coolah.

As proposed in 2013, the ACMA proposes to include an advisory note, limiting protection of the 4BRZ Coolah service to areas that receive signal levels greater than 66 dBuV/m.

Warrumbungles, New South WalesThe Warrumbungles region is located in central New South Wales, 450 kilometres north-west of Sydney, approximately 110 kilometres north-north-east of Dubbo.

As part of the 2013 draft variation, the ACMA proposed to change the frequency due to potential interference, the nominal location and maximum power level of the existing 4RBL Warrumbungles transmitter, and to make spectrum available for the commercial radio broadcasting service 4BRZ, also at the Warrumbungles. It was proposed that these services would operate on FM frequencies 88.5 MHz (4RBL) and 89.3 MHz

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(4BRZ), with a maximum ERP of 5 kW DA and a maximum antenna height of 114 metres from ‘Broadcast Australia 152m Tower, Broadcast Australia Site, Mt Cenn Cruaich Access Rd, Mt Cenn Cruaich’.

The ACMA has reviewed the specifications in the 2013 draft variation after receiving submissions, which expressed concern about possible levels of overspill into the adjacent Dubbo RA1 and Gunnedah RA1 licence areas.

Due to the proximity of the North East Zone licence area to the Dubbo RA1 and Gunnedah RA1 licence areas, it is accepted that a degree of overspill from and into each licence area is unavoidable to allow each licensee to serve their licence area.

The ACMA considers that signal levels from the 4RBL and 4RBZ transmissions into the Dubbo and Gunnedah licence areas should not, as far as is practicable, be permitted to exceed the signal levels that would result from compliance with the current 4RBL Warrumbungle LAP specification.

Figure 3 shows the predicted coverage level based on the current LAP specification.

Figure 3: Predicted coverage of the current LAP 500 W omni spec

Key: Purple line: Licence area boundaries for the Dubbo RA1. Brown line: Licence area boundaries for the Gunnedah RA1. (Model: ITU 1546-1 Terrain. DEM: 3s)

The population covered by the current 4RBL LAP specification for Warrumbungle (500 W OD) at a rural signal level is 10,150. Of this population, 37 per cent are in the North East Zone licence area, 32 per cent are in the Dubbo RA1 licence area and 31 per cent are in the Gunnedah RA1 licence area.

Based on proposed specifications in the 2013 draft variation, the towns of Gilgandra and Coonabarabran, which are outside the North East Zone licence area, were predicted to receive a rural or above signal level for 99 per cent of the population in Gilgandra and 93 per cent of the population in Coonabarabran. The towns of Coonamble and Mendooran, within the Remote LAP, were not predicted to receive an above rural grade of service.

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After reviewing the proposal for the draft variation to the Remote LAP, the ACMA is now of the view that this would increase field strengths into the Dubbo and Gunnedah licence areas above the level that the current 4RBL Warrumbungle LAP specifications allow, particularly into Coonabarabran and Gilgandra. Figure 4 below shows the predicted level of coverage based on the specifications for the 2013 draft variation to the Remote LAP.

Figure 4: Predicted coverage of the 2013 draft variation to the Remote LAP 5 kW DA spec

Key: Purple line: Licence area boundaries for the Dubbo RA1. Brown line: Licence area boundaries for the Gunnedah RA1. (Model: ITU 1546-1 Terrain. DEM: 3s)

The ACMA has further analysed the coverage within the Remote LAP and the overspill into the Dubbo and Gunnedah RA1 licence areas and has proposed an alternative radiation pattern based on a main antenna pointing at 300 degrees with an ERP of 2.5 kW and maximum antenna height of 35 metres. Figure 5 below shows the predicted coverage based on this specification.

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Figure 5: Predicted coverage of RFS FM 828 2.5 kW DA 35 m

Key: Purple line: Licence area boundaries for the Dubbo RA1. Brown line: Licence area boundaries for the Gunnedah RA1. (Model: ITU 1546-1 Terrain. DEM: 3s)

Predicted signal levels in the two towns of Gilgandra and Coonabarabran, located outside the North East Zone licence area, would not exceed those allowed by the current 4RBL Warrumbungle Remote LAP specification. The associated overspill is considered unavoidable in allowing Rebel Media to provide a service to its licence area.

The ACMA, therefore, now considers it appropriate to revise the frequency for the 4RBL Warrumbungles service and to make spectrum available for a 4BRZ Warrumbungles service. It is proposed to specify a maximum ERP of 2.5 kW DA with a maximum antenna height of 35 metres in the technical specifications for both 4RBL and 4BRZ.

Coonamble, New South WalesCoonamble is located in the central-western plains of New South Wales, 143 kilometres north of Dubbo, with a population of 2,998 (as at the 2011 census).

There is a current Remote LAP specification for a 4RBL transmitter to operate on the frequency 89.5 MHz with a maximum ERP of 100 W OD and a maximum antenna height of 40 metres from the ‘Broadcast Site Council Chambers, Coonamble’.

Rebel Media has requested that the existing technical specification for the 4RBL transmitter be removed from the Remote LAP and has requested spectrum for two new transmitters to provide 4RBL and 4BRZ commercial broadcasting services to Coonamble and the immediate surrounds from a different site (‘Water Tank site, NE Cnr Wingadee St and Carrinda Rd, Coonamble’).

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ACMA staff have identified the frequencies 98.7 MHz (4RBL) and 100.3 MHz (4BRZ) as suitable for use at Coonamble. Figure 6 below shows the predicted coverage at 100 W OD.

Figure 6: Predicted signal levels of the Coonamble transmitters with 100 W ERP (OD)

Key: Pink line: UCL boundary. (Model: ITU 1546-1 Terrain. DEM: 3s)

Analysis by ACMA engineering staff indicates that there could be some potential interference to the Coonamble services at the edge of the suburban level coverage from the proposed Rebel Media FM Coolah transmitter. The ACMA proposes to include an advisory note, limiting protection of the 4RBL and 4BRZ Coonamble services to areas that receive signal levels greater than 66 dBuV/m.

Assessment also indicates that there is some potential for co-channel interference within the rural contours of two Walgett retransmission services (2SBSFM and 2ABCFM retransmission), however, this falls within unpopulated areas and is not expected to be an issue. Interference is also predicted at the edges of the coverage area of the proposed 4RBL and 4BRZ services in areas predicted to be covered by the Warrumbungles transmitters. Accordingly, the ACMA proposes to include an advisory note, limiting protection of the 4RBL and 4BRZ Coonamble services to areas that receive signal levels greater than 66 dBuV/m.

Coomba Park/Stroud, New South WalesCoomba Park is located on the western edge of Wallis Lake, New South Wales, approximately 105 kilometres north of Newcastle and seven kilometres south-west of Forster, with a population of 446 (as at the 2011 census).

Stroud is located 74 kilometres north of Newcastle in the Great Lakes area of mid-eastern New South Wales. The population for the Stroud area was 1,022 (as at the 2011 census).

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Figure 7: Coomba Park/Stroud

Key: North East Zone licence area in grey.

The current Remote LAP makes spectrum available for 4RBL and 4BRZ services at Coomba Park/Stroud. The LAP technical specifications are for frequencies 94.1 MHz and 93.1 MHz respectively, with a maximum ERP of 1 kW with vertical polarisation from the ‘2GLA FM Broadcast Station’ site. These services have not yet been licensed and are not operating.

Rebel Media has requested the technical specifications be varied to permit the services to be implemented with mixed polarisation.

The current vertical polarisation was specified to protect the horizontally polarised analog Band II NBN3 Newcastle television service. With the switch-off of analog television services, this restriction to the permitted polarisation is no longer required.

An ACMA assessment indicates that the polarisation of the proposed Coomba Park/Stroud services could be changed from vertical to mixed polarisation. This change in polarisation is not expected to cause interference to any existing broadcasting service.

Rebel Media has also requested a change to the name of the general area served to ‘Great Lakes’ to better reflect the area served. The North East Zone licence area includes Smiths Lake, Myall Lakes and the western shore of Wallis Lake. The ACMA has no objection to this change in name.

Comboyne, New South WalesComboyne is located 60 kilometres south-west of Port Macquarie, in the mid-north coast region of New South Wales. It has a population of 453 (as at the 2011 census).

The current Remote LAP makes spectrum available for the 4RBL commercial broadcasting service on the frequency 89.5 MHz, with a maximum ERP of 300 W DA

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and a maximum antenna height of 20 metres at the ‘Nominal Planning Site, Comboyne’.

Rebel Media has requested that the ACMA make spectrum available at Comboyne for its 4BRZ commercial broadcasting service, reflecting the same technical specifications as for the 4RBL transmitter.

Comboyne is situated on a plateau in the Mid North Coast hinterland area between Taree to the south and Port Macquarie to the north. Coverage to most areas beyond this plateau will be limited by terrain, with coverage predictions made using a diffraction propagation model indicating that the 500 W ERP transmitter would not overspill beyond the North East Zone licence area boundary (see Figure 8 below).

Figure 8: Predicted coverage of the current 4RBL LAP specification for the Comboyne transmitter with 500 W ERP (DA)

Key: Blue line: Kempsey RA1 licence area boundary. Purple line: Remote North East Zone RA1 licence area boundary. Orange line: Taree RA1 licence area boundary. (Model: CRC Predict. DEM: 3s)

The ACMA has identified the frequency 91.1 MHz as suitable for the 4BRZ service.

Engineering assessment indicates the potential for some co-channel interference within the rural signal level contour between the Comboyne 4BRZ service and the broadcasting service 2CBD at Deepwater, as well as possible interference to the Comboyne service from Grafton/Kempsey broadcasting services, both within the rural signal level contour. However, ACMA staff are of the view that the heavy terrain between these sites and Comboyne will provide greater than predicted levels of protection and it is not expected that there would be significant levels of interference.

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The proposed Comboyne transmitter is not expected to cause unacceptable interference to any other broadcasting service.

The ACMA proposes to include an advisory note, limiting protection of the 4BRZ Comboyne service to areas that receive signal levels greater than 66 dBuV/m.

Rebel Media currently has a LAP specification at Comboyne for its 4RBL service. The yet to commence service is also likely to be subject to potential interference to the rural contour. Due to the interference potential and for reasons of spectrum efficiency, the ACMA proposes to include an advisory note for the 4RBL service, limiting protection of the Comboyne service to areas that receive signal levels greater than 66 dBuV/m.

Kendall, New South WalesKendall is located on the Mid North Coast of New South Wales, 36 kilometres south-west of Port Macquarie, with a population of 1,190 people (as at the 2011 census).

Rebel Media has requested that the ACMA make channel capacity available for two new transmitters to provide coverage of 4RBL and 4BRZ broadcasting services for the Kendall area, proposing an ERP of 100 W OD with an antenna height of 30 metres operating from the ‘NBN Co Site, 89 Lorne Rd, Kendall’.

The NBN Co site is within two kilometres from the boundary of the North East Zone licence area. In considering requests for additional transmitters that would result in significant overspill, the ACMA takes account of whether the population that would be covered fortuitously with a usable radio signal outside a licence area is disproportionate to the population that is being served within the licence area. An engineering assessment by ACMA staff indicates that the proposed 100 W ERP would cause significant overspill at a higher than a rural signal level into Lake Cathie, Bonny Hills and Camden Haven in the adjacent licence area (see Figure 9 below).

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Figure 9: Predicted signal levels of the Kendall repeater with 100 W ERP (OD)

Key: Brown line: Kempsey RA1 licence area boundary. Black line: Remote North East Zone RA1 licence area boundary. Pink line: UCL boundary. (Model: CRC Predict. DEM: 3s)

The ACMA is of the view that a maximum 50 W ERP would provide an urban level of signal for most locations within the Kendall locality, while minimising overspill beyond the North East Zone licence area, shown in Figure 10 below. Some signal overspill is still expected into Bonny Hills and Camden Haven; however, this can be considered as incidental coverage as a result of providing service to Kendall within the North East Zone licence area.

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Figure 10: Predicted signal levels of the Kendall repeaters with 50 W ERP (OD)

Key: Black line: Remote North East Zone RA1 licence area boundary. Brown line: Kempsey RA1 licence area boundary. Pink line: UCL boundary. (Model: CRC Predict. DEM: 3s)

The frequencies 105.3 MHz (4RBL) and 106.9 MHz (4BRZ) have been identified as suitable.

Engineering assessment indicates that there is the potential for the Kendall transmitters to receive some interference within the suburban signal level contour from broadcasting services in adjacent licence areas, particularly from Kempsey services sited at Mount Yarrahapinni. However, due to intervening terrain obstruction, any interference that eventuates is not expected to be significant. The ACMA proposes to include an advisory note, limiting protection of the 4RBL and 4BRZ Kendall services to areas that receive signal levels greater than 66 dBuV/m.

The Kendall transmitters are not expected to cause interference to any existing broadcasting service.

Childers (Mt Goonaneman), QueenslandChilders is located in mid-eastern Queensland, 325 kilometres north of Brisbane and 52 kilometres south-west of Bundaberg. It has a population of 1,638 (as at the 2011 census).

The current Remote LAP specifies the Rebel Media Childers transmitters to operate on 106.7 MHz (4RBL) and 102.5 MHz (4BRZ), with a maximum ERP of 500 W OD and a maximum antenna of 70 metres from the ‘BA Site, Mt Goonaneman, Woowoonga’. However, the 4RBL and 4BRZ Childers transmitters have been licensed and operating from an alternative site for the last nine years—the ‘Qld Comms Site, Mt Goonaneman, Woowoonga’, with an ERP of 1 kW OD and a maximum antenna height of 20 metres. This alternative site has a lower elevation than the current LAP site,

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which is the reason that 1 kW ERP was permitted as it results in similar levels of overspill compared to 500 W at the higher elevation LAP site.

Rebel Media has requested a change to the Remote LAP technical specifications, including a variation to a new greenfield site at the same elevation as the nominal site specified in the Remote LAP. Rebel Media has also requested technical specifications that will broadly match its current coverage from the licensed site.

Engineering assessments by the ACMA indicate that a maximum ERP of 700 W OD from the proposed new greenfield site will provide comparable coverage to the currently licensed operating site.

There is a predicted modest increase in overspill of 0.6 dB or less into the adjacent licence areas to the east; however, the ACMA is of the view that this is not at an unacceptable level and can be considered as unavoidable in allowing Rebel Media to serve its licence area.

To facilitate Rebel Media’s move to its new site, the ACMA is proposing the LAP include two technical specifications for each of the 4RBL and 4BRZ services. The ACMA proposes to vary the current LAP technical specifications for the 4RBL and 4BRZ Childers transmitters to operate from the proposed new greenfield ‘Rebel Media Site, Mt Goonaneman, Woowoonga’, with a maximum ERP of 700 W OD and an antenna height of 40 metres on frequencies 106.7 MHz (4RBL) and 102.5 MHz (4BRZ). The LAP will also be varied to include technical specifications for the current licensed site as alternative specifications. This will permit Rebel Media to continue at its current site or move to the new greenfield site following construction of its new transmission facilities.

Cooktown, QueenslandCooktown is located approximately 330 kilometres north of Cairns in Queensland with a population of 2,339 (as at the 2011 census).

The ACMA investigated complaints of interference to the reception of the Rebel Media 4RBL service on 99.3 MHz and a council retransmission service 4ABCFM on 100.9 MHz at Cooktown. Both services operate from the Ergon Energy site at Mt Tully, six kilometres west-south-west of Cooktown.

The ACMA’s investigation identified a potential for intermodulation interference to both the 4RBL and 4ABCFM services.

An ACMA engineering assessment indicates that the best option to eliminate the interference would be a frequency change of the 4RBL and 4ABCFM Cooktown services. No other likely sources of interference were indicated during the investigation.

Rebel Media has requested a frequency change to mitigate the interference. The ACMA has identified 93.7 MHz as a suitable frequency. The frequency 95.3 MHz will be made available for the 4ABCFM retransmission.

The ACMA proposes to vary the 4RBL LAP technical specification, including the frequency, an increase in maximum ERP and the nominal site location from ‘Broadcast Site, Hope St, Cooktown’. It is proposed that 4RBL operates on the frequency 93.7 MHz, with a maximum ERP of 200 W OD and a maximum antenna height of 15 metres from the ‘Ergon Energy site, Mt Tully, Cooktown’.

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Preliminary viewThe ACMA is of the preliminary view that the proposals presented concerning Rebel Media are an efficient and economic use of the radiofrequency spectrum and will promote the objects of the BSA, specifically the availability of a diverse range of radio services (paragraph 3(1)(a) of the BSA) and a regulatory environment that will facilitate the development of a broadcasting industry in Australia that is efficient, competitive and responsive to audience needs (paragraph 3(1)(b) of the BSA).

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Preliminary view 3—Community radio The ACMA proposes to vary the technical specifications of the community radio broadcasting service with the callsign 4ACR at Wujal Wujal, Qld. It is proposed that this service operate:> on frequency 92.9 MHz, with a maximum ERP of 50 W OD and a maximum

antenna height 25 m from the ‘Telstra Site Off Cape Tribulation Rd, 1 km SE of Wujal Wujal’.

The ACMA proposes to make spectrum available for long-term community radio broadcasting services with the callsign 8KIN at:> Ceduna, SA—it is proposed that this service operate on frequency 102.9 MHz, with

a maximum ERP of 200 W OD and a maximum antenna height of 25 m from the ‘Broadcast Site, Lot 198 Schwarzs Hill Rd, Ceduna’.

> Elliott, NT—it is proposed that this service operate on frequency 102.9 MHz, with a maximum ERP of 800 W OD and a maximum antenna height of 30 m from the ‘Broadcast Site, Lot 134 Stuart Hwy, Elliott’.

> Katherine, NT—it is proposed that this service operate on frequency 104.5 MHz, with a maximum ERP of 1 kW and a maximum antenna height of 38 m from the ‘Council Site, Lot 3135 (13) Chardon St, Katherine’.

Wujal Wujal, QueenslandWujal Wujal is located in the Bloomfield Valley inside the World Heritage Area, 170 kilometres to the north of Cairns and 70 kilometres south of Cooktown. The local area has 270 people (as at the 2011 census).

The licensee for the Wujal Wujal community broadcasting service, Wujal Wujal Aboriginal Shire Council, requested relocation of the transmission site of the 4ACR Wujal Wujal community service, operating on 107.7 MHz with an ERP of 10 W OD, from the ‘Broadcast Site, Wujal Wujal’ to ‘Telstra Site Off Cape Tribulation Rd, 1 km SE of Wujal Wujal’ to provide coverage to currently unserved areas of Bloomfield, Ayton and Degarra localities.

The current transmission site of the 4ACR is in the Wujal Wujal RA1 licence area; however, the proposed site is located outside the 4ACR licence area. Additionally, the Bloomfield, Ayton and Degarra localities are not situated within the Wujal Wujal RA1 licence area. Therefore, the current licence area would need to be modified to include the Bloomfield, Ayton and Degarra localities.

Engineering analysis by the ACMA has identified the possibility of interference from the 4ABCRN national broadcasting service (107.1 MHz) in Ayton if the current 4ACR frequency (107.7 MHz) is used at the new site. An alternative frequency 92.9 MHz has been identified.

Coverage prediction with the requested ERP of 10 W OD indicates that it is not sufficient to serve Bloomfield, including the area north of Ayton to the South Bloomfield airfield. However, the Bloomfield area could be served by increasing the ERP from 10 W to 50 W.

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As a result of this analysis, the ACMA sought advice in October 2013 from the licensee regarding a change of frequency and an increase in the requested ERP from 10 W to 50 W. The licensee advised the ACMA that it agreed to the proposed changes to the ERP and the alternative frequency.

Ceduna, SA, Elliott and Katherine, Northern TerritoryThe Central Australian Aboriginal Media Association, operating as 8KIN, has been licensed to provide retransmission services using a temporary allocation of spectrum under section 34 of the BSA for the communities of Ceduna in South Australia, and Elliott and Katherine in the Northern Territory, all within the Central Zone RA2 licence area.

Ceduna is located in the West Coast region of South Australia, approximately 786 kilometres north-west of Adelaide, with a population of 2,289 (as at the 2011 census). The 8KIN Ceduna transmitter has been licensed since December 1999 and operates on frequency 102.9 MHz, with a maximum ERP of 200W OD.

Elliott is located almost halfway between Darwin and Alice Springs on the Stuart Highway, with a population of 348 (as at the 2011 census). The 8KIN Elliott transmitter has been licensed since April 2002 and operates on frequency 102.9 MHz, with a maximum ERP of 800W OD.

Katherine is located on the Katherine River, 320 kilometres south-east of Darwin, with a population of 6,094 (as at the 2011 census). The 8KIN transmitter has been licensed since April 2002 and operates on frequency 104.5 MHz with a maximum ERP of 1 kW OD.

The ACMA has identified that the frequencies currently used by the 8KIN services at Ceduna, Elliott and Katherine are suitable for long-term use. It is not anticipated that the proposed services would create any overspill into adjacent licence areas or that the service would cause or receive any interference. The 8KIN service has been provided at all three locations for a considerable period, suggesting that there is a demand for the service in these areas. The ACMA believes that it is a reasonable proposal to make the spectrum permanently available.

Preliminary viewFollowing consideration of the evidence available to it, the ACMA is of the preliminary view that the proposals to change technical specifications and location for the Wujal Wujal 4ACR community service, and the provision of spectrum for long-term community radio broadcasting service 8KIN in the Ceduna, Elliott and Katherine markets, will represent an economic and efficient use of radio frequency spectrum. It will promote the objects at section 3 of the BSA, including:> by promoting the availability of a diverse range of radio services (paragraph 3(1)

(a))> by providing a regulatory environment that will facilitate the development of a

broadcasting industry in Australia that is efficient, competitive and responsive to audience needs (paragraph 3(1)(b)

> by promoting the role of radio services in developing and reflecting a sense of Australian identity (paragraph 3(1)(e))

> by promoting the provision of high quality and innovative programming by providers of broadcasting services (paragraph 3(1)(f))

> encouraging an appropriate coverage of matters of local significance (paragraph 3(1)(g)).

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Preliminary view 4—Minor amendmentsThe ACMA proposes to update the schedules and various attachments in the Remote LAP.

The ACMA made the Variation to Licence Area Plan – Remote Central and Eastern Australia – Radio No. 1 of 2015, which was subsequently registered on the Federal Register of Legislative Instruments. Due to an administrative oversight, the published instrument was missing the licence area descriptions for 50 remote community radio services.

The ACMA proposes to vary the Remote LAP to reinsert the missing licence area descriptions.

The licence area descriptions are detailed at Attachments 5.1 to 45.1 and 47.1 to 56.1of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2016 (No. 1).

In the 2013 draft variation, the technical specifications for the 4BRZ broadcasting service transmitter at Beaudesert, Queensland, were inadvertently altered from an omni-directional radiation pattern with a maximum ERP of 200 watts to a directional radiation pattern with an ERP of 5 kilowatts. This change was included in the Variation to Licence Area Plan – Remote Central and Eastern Australia – Radio No. 1 of 2015.

The ACMA proposes to vary the Remote LAP to correct the technical specification.

The amended technical specification is detailed at Attachment 2.57 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2016 (No. 1).

The ACMA proposes to make minor amendments to Schedules One, Two, Four and Forty-seven and several of the attachments that contain the characteristics, including technical specifications, of the radio broadcasting services in the Remote Central Zone RA1, Remote North East Zone RA1, Remote Central Zone RA2 and Wujal Wujal RA1 licence areas.

If implemented, the proposed changes will reorder the attachments so they are ordered alphabetically by area served to allow for the insertion of new attachments (associated with the proposals outlined in this paper) in that alphabetical order.

The ACMA proposes to make minor amendments to correct discrepancies in the technical specifications for national services. These discrepancies are with the descriptions of the nominal location of the transmitter sites and the Australian Map Grid references. The changes are to better reflect the current operations and do not signify a change to the planned performance of the transmitters.

The amended technical specifications are detailed at Attachments 3.2–3.3, 3.10–3.11, 3.15–3.19, 3.22–3.23, 3.26–3.75, 3.78–3.79, 3.82–3.95, 3.97–3.108, 3.112 and 3.117–3.120 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – 2016 (No. 1).

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The ACMA does not intend these proposed minor amendments to alter any existing rights or obligations. It proposes to replace the attachments describing the services in their entirety to facilitate these minor amendments.

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Invitation to commentMaking a submissionThe ACMA invites submissions on the matters raised in this discussion paper. Submissions should be directed:By email: LAPRequests@acma.gov.auBy mail: Draft Variation to RCEA LAP

Broadcasting Carriage Policy SectionAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

Please quote file reference ACMA2010/1753 in your reply.

The closing date for submissions is COB, Friday 25 March 2016.

Electronic submissions in Microsoft Word or Rich Text Format are preferred.

Media enquiries should be directed to Emma Rossi on 02 9334 7719 or by email to media@acma.gov.au. Any other enquiries may be directed by email to info@acma.gov.au

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.

Publication of submissionsIn general, the ACMA publishes all submissions it receives. The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Please note that the ACMA does not acknowledge receipt of submissions.

Release of submissions where authorised or required by lawAny submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other government agencies or certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

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PrivacyThe Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:> contribute to the transparency of the consultation process by clarifying, where

appropriate, whose views are represented by a submission > enable the ACMA to contact submitters where follow-up is required or to notify

them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information that the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

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