Variation to Licence Area Plan – Roxby Downs Community Radio – 2023 (No. 1)

Dated: 9 November 2023

Adam Suckling

[signed]

Member

Linda Caruso

[signed]

Member/General Manager

1  Name

  This is the Variation to Licence Area Plan – Roxby Downs Community Radio – 2023 (No. 1).

2  Commencement

  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

  This instrument is made under subsection 26(2) of the Broadcasting Services Act 1992.

4  Amendments

  The instrument that is specified in Schedule 1 is amended as set out in the applicable items in that Schedule.

Schedule 1—Amendments

(section 4)

Licence Area Plan – Roxby Downs Community Radio – February 2004 (F2005B00710)

1  Name of instrument

Rename the instrument as the ‘Licence Area Plan – Roxby Downs Community Radio’.

2  Title page

Omit the title page, substitute:

Licence Area Plan – Roxby Downs Community Radio

3  Heading before clauses

Repeal the heading, substitute:

  LICENCE AREA PLAN – ROXBY DOWNS COMMUNITY RADIO

4  Determination (after the heading before clauses)

Repeal the heading ‘DETERMINATION’ and the two paragraphs following it, substitute:

 (1) This plan for community broadcasting services in the Roxby Downs area of South Australia is made under subsection 26(1) of the Broadcasting Services Act 1992.

 (2) One community radio broadcasting service is to be made available in the area described at Attachment 1.1 to this plan with the use of broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachment 1.2 to this plan.

 (3) In this plan, unless the contrary intention appears:

  (a) a reference to a schedule or an attachment is a reference to a schedule or an attachment to this plan;

  (b) a reference to a legislative instrument is a reference to that instrument as in force from time to time;

  (c) 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 time the reference was included in this plan.

 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.

 (4) For the area mentioned in clause (2), Schedule One specifies the radiocommunications transmitters planned for the provision of broadcasting services by reference to:

 (a) the Attachment that determines the technical specifications for each transmitter; and

 (b) the frequency on which each transmitter is planned to operate and the approximate geographic area each transmitter is planned to serve; and

 (c) the technical specification number for each transmitter and, for a transmitter planned for the provision of a service under a broadcasting services bands licence, the licence number of that licence.

 (5) Each Attachment, other than an attachment that describes an area within which broadcasting services are to be available, determines the following technical specifications for a radiocommunications transmitter specified in Schedule One:

 (a) subject to clause (6), a description, and geographic coordinates, of the location (nominal location) from where the radiocommunications transmitter must be operated;

 (b) the frequency on which the transmitter must be operated;

 (c) the frequency band containing that frequency, and the mode of transmission the transmitter must use;

 (d) the required polarisation of the transmission made by the transmitter;

 (e) the maximum antenna height for the transmitter;

 (f) the maximum effective radiated power (ERP), in each specified direction, of transmissions made by the transmitter;

 (g) any special conditions that apply to the operation of the transmitter;

 (h) any circumstances that must exist for the transmitter to be able to be operated, or that prohibit the transmitter from being operated.

 (6) A radiocommunications transmitter may be operated from a location other than a nominal location (alternative site) if operation from the alternative site complies with any requirements set out for the transmitter and for the operation of the transmitter in guidelines made under section 33 of the Act in relation to operation from an alternative site.

Note: Guidelines under section 33 of the Broadcasting Services Act 1992 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. At the time this clause commenced, the Broadcasting Services (Technical Planning) Guidelines 2017 were the guidelines in force under section 33.

 (7) In this plan, radiocommunications transmitter has the meaning given by the Radiocommunications Act 1992.

5  Determination

 Omit ‘(Determined by the Australian Broadcasting Authority on 5 February 2004)’.

6  Schedules

Repeal the heading ‘SCHEDULES’ and all of the text under that heading until Schedule One.

7  Schedule One

Omit:

 ‘Licence Area Plan : Roxby Downs Community Radio – February 2004

Licence Area : ROXBY DOWNS COMMUNITY RA1’

Substitute:

‘Licence Area Plan : Roxby Downs Community Radio

Licence Area : ROXBY DOWNS RA1’

8  Attachment 1.1

Omit:

‘LICENCE AREA – ROXBY DOWNS COMMUNITY RA1’

Substitute:

‘LICENCE AREA – ROXBY DOWNS RA1’

9  Attachment 1.2

(1)      Omit ‘ – February 2004’.

 (2) Omit ‘Richardson Place ROXBY DOWNS SA’, substitute ‘Council Depot  28 Olympic Way ROXBY DOWNS’.

 (3) Omit:

Australian Map Grid :  Zone Easting  Northing

Reference 53  681766  6617319

  substitute:

Nominal Co-ordinates  Latitude  Longitude

(GDA94) :  -30.554481  136.893775

 (4) Omit:

Site Tolerance : Refer to Technical Planning Guidelines

 (5) Omit ‘Vertical’, substitute ‘Mixed’.

 (6) Omit ‘12 m’, substitute ‘20 m’.

 (7) Omit the output radiation pattern table, substitute:

Output Radiation Pattern :-