Draft Variation to Licence Area Plan – Bendigo Radio – 2016 (No.1)Draft Variation to Licence Area Plan – Horsham Radio – 2016 (No.1)Draft Variation to Licence Area Plan – Shepparton Radio – 2016 (No.1)Discussion paperJUNE 2016

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Executive summary—Proposed LAP variations

Issue for comment

BackgroundPlanning for AM to FM conversions 6

Preliminary view 1: Commercial radio—Bendigo Radio LAPBendigo commercial radio broadcasting service Gold (3EL) 7Preliminary view 8

Preliminary view 2: Community radio—Bendigo Radio LAPMaryborough community broadcasting service Goldfields FM (3GFM) 9Castlemaine community radio broadcasting service 10Preliminary view 11

Preliminary view 3: National radio—Horsham Radio LAPHorsham national radio broadcasting service (PNN) 12Preliminary view 13

Preliminary view 4: Commercial radio—Horsham Radio LAPHorsham Commercial radio broadcasting services 1089 3WM (3WM AM) and Mixx FM (3WWM FM) 141089 3WM (3WM AM) 15Mixx FM (3WWM FM) 16Preliminary view 16

Preliminary view 5: National radio—Shepparton Radio LAPGoulburn Valley national broadcasting service 17Preliminary view 17

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Contents (Continued)

Preliminary view 6: Commercial radio—Shepparton Radio LAPShepparton commercial radio broadcasting services Star FM (3SUN) and 3SR FM (3SRR) 18Star FM (3SUN) 193SR FM (3SRR) 19Proposals for new services 20Star FM/3SR FM in-fill transmitter move from Mount Buller to Mansfield 20Preliminary view 20

Preliminary view 7: Community radio—Shepparton Radio LAPMansfield community radio broadcasting service Radio Mansfield 99.7 FM (3MCR) 22Seymour community radio broadcasting service 233UGE Community Broadcasting Service 23Kinglake temporary community broadcasting service 24Flowerdale/Hazeldene retransmission 24Preliminary view 25

Preliminary view 8: Licence area update and licence area designationLicence areas—Proposed community services 26Licence area update 26Expansion of the Alexandra/Eildon RA1 licence area 27Licence area designation (LAD) 27

Preliminary view 9: Minor amendments

Invitation to commentMaking a submission 29

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Executive summary—Proposed LAP variationsThis discussion paper accompanies the draft instruments, which are available on the ACMA website:> Variation to Licence Area Plan – Bendigo Radio – 2016 (No.1)> Variation to Licence Area Plan – Horsham Radio – 2016 (No.1)> Variation to Licence Area Plan – Shepparton Radio – 2016 (No.1).

The licensee of the existing Maryborough commercial radio broadcasting service ‘Gold’, with the callsign 3EL, has proposed that the ACMA consider varying the Licence Area Plan – Bendigo Radio – August 1997 (the Bendigo Radio LAP) to change the technical specifications of the Gold in-fill transmitter at Bendigo city to address coverage deficiency.

The licensee of the existing Maryborough community radio broadcasting service ‘Goldfields FM’, with the callsign 3GFM, has proposed that the ACMA consider varying the Bendigo Radio LAP to change the technical specifications of the Goldfields 3GFM FM service to expand the coverage of the service.

The licensee of the existing Horsham commercial radio broadcasting service ‘1089 3WM’, with the callsign 3WM, has proposed that the ACMA consider varying the Licence Area Plan – Horsham Radio – December 2001 (the Horsham Radio LAP) to make two additional FM in-fill transmitters available at Ararat and Nhill.

The licensee of the existing Horsham commercial radio broadcasting service ‘Mixx FM’, with the callsign 3WWM, has proposed that the ACMA consider varying the Horsham Radio LAP to make an FM in-fill transmitter available at Hopetoun.

The licensee of the existing Mansfield community radio broadcasting service ‘Radio Mansfield 99.7 FM’, with the callsign 3MCR, has proposed that the ACMA consider varying the Licence Area Plan – Shepparton (Radio) – September 1997 (the Shepparton Radio LAP) to make two additional FM in-fill transmitters available at Tolmie and Woods Point, in conjunction with expanding the licence area to include these two communities.

The licensee of the existing Alexandra/Eildon community radio broadcasting service ‘UGFM’, with the callsign 3UGE, has proposed that the ACMA consider varying the Shepparton Radio LAP to make two additional FM in-fill transmitters available at Flowerdale/Hazeldene and Kinglake in conjunction with expanding the licence area to include these two communities.

The ACMA has undertaken spectrum planning to facilitate the rollout of the ABC’s Parliamentary News Network/News Radio (PNN) broadcasting service and is proposing spectrum be made available at Goulburn Valley in the Shepparton LAP for this service. The ACMA is also proposing to change the technical specifications of a PNN service and three other planned national services in the Horsham LAP.

In addition, the ACMA is proposing that spectrum should be made available for two existing temporarily licensed in-fill transmitters at Alexandra/Eildon and Mansfield for the Shepparton commercial radio broadcasting services ‘Star FM’ and ‘3SR FM’, with the call signs 3SUN and 3SRR, respectively. The licensee of Star FM 3 SUN and 3SR

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FM has also requested a change to the nominal transmitter site in the technical specifications for the Mount Buller in-fill transmitter to Mansfield.

The ACMA is proposing that spectrum should be made available for two new community radio broadcasting services at Castlemaine (in the Bendigo Radio LAP) and Seymour (in the Shepparton Radio LAP).

The ACMA has considered the above proposals and formed the preliminary views that the proposed variations will promote the objects of the Broadcasting Services Act 1992 (BSA), including the economic and efficient use of radiofrequency spectrum, by improving the coverage and reception of these services in their relevant licence areas and increasing the range of services available to the relevant areas.

The ACMA has therefore decided to seek public comment on the proposed LAP variations, namely that it should:> In the Bendigo Radio LAP:

> change the technical specifications of the existing Maryborough 3EL commercial radio broadcasting service FM in-fill transmitter at Bendigo City to increase its maximum ERP to 250 W and antenna height to 90 metres, and allow a change of nominal transmitter site location (Preliminary view 1)

> change the technical specifications of the existing Maryborough community radio broadcasting service 3GFM to increase its maximum ERP to 500 W and allow a change of nominal transmitter site, and consequently expand the Maryborough RA2 licence area (Preliminary view 2)

> make spectrum available for a long-term community radio broadcasting service at Castlemaine (Preliminary view 2).

> In the Horsham Radio LAP:> change the technical specification of the existing Horsham ABC PNN service

at 89.3 MHz to reflect the actual operating condition (Preliminary view 3)> change the technical specifications of the planned Horsham national service

at 90.1 MHz to reduce the maximum ERP (Preliminary view 3)> change the technical specifications of the planned Horsham national service

at 90.9 MHz to reduce the maximum ERP (Preliminary view 3)> change the technical specifications of the planned Horsham national service

at 99.7 MHz to reduce the maximum ERP (Preliminary view 3)> make spectrum available for an additional FM in-fill transmitter at Ararat for

the Horsham 3WM commercial radio broadcasting service (Preliminary view 4)

> make spectrum available for an additional FM in-fill transmitter at Nhill for the Horsham 3WM commercial radio broadcasting service (Preliminary view 4)

> make spectrum available for an additional FM in-fill transmitter at Hopetoun for the Horsham 3WWM commercial radio broadcasting service (Preliminary view 4).

> In the Shepparton Radio LAP:> make spectrum available for an ABC PNN national broadcasting service at

Goulburn Valley (Preliminary view 5)> change the technical specifications of the FM in-fill transmitter at Mount

Buller for the Shepparton commercial radio broadcasting service 3SUN, including a change of nominal transmitter site (Preliminary view 6)

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> make spectrum available to allow ongoing operation of an FM in-fill transmitter at Alexandra/Eildon for the Shepparton 3SUN commercial radio broadcasting service (Preliminary view 6)

> make spectrum available to allow ongoing operation of an FM in-fill transmitter at Mansfield for the Shepparton 3SRR commercial radio broadcasting service (Preliminary view 6)

> make spectrum available for an additional FM in-fill transmitter at Tolmie for the Mansfield 3MCR community radio broadcasting service (Preliminary view 7)

> make spectrum available for an additional FM in-fill transmitter at Woods Point for the Mansfield 3MCR community radio broadcasting service (Preliminary view 7)

> expand the Mansfield RA1 licence area to include Tolmie and Woods Point (Preliminary view 7)

> make spectrum available for a long-term community radio broadcasting service at Seymour (Preliminary view 7).

> make spectrum available for an additional FM in-fill transmitter at Flowerdale/Hazeldene for the Alexandra/Eildon 3UGE community radio broadcasting service (Preliminary view 7)

> make spectrum available for an additional FM in-fill transmitter at Kinglake for the Alexandra/Eildon 3UGE community radio broadcasting service (Preliminary view 7)

> expand the Alexandra/Eildon RA1 licence area to include Flowerdale/Hazeldene and Kinglake (Preliminary view 7).

> Determine two new licence areas for the new Castlemaine community radio broadcasting service (Bendigo Radio LAP) and Seymour community radio broadcasting service (Shepparton Radio LAP); make new Licence Area Designations (LADs) designating new community licence areas specified in the Bendigo and Shepparton Radio LAPs for new community radio broadcasting service licences that will be made available in those areas; and update the Maryborough RA2, the Mansfield RA1and the Alexandra/Eildon RA1 licence areas to reflect proposed changes to services in these licence areas (Preliminary view 8).

> Make minor amendments to update the title, schedules and attachments of the three LAPs (Preliminary view 9).

Further discussion of these matters is set out below.

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Issue for commentThe ACMA welcomes comment from interested stakeholders on the issues raised in this paper or any other issues relevant to the proposed LAP variations.

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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 broadcasting services. This document sets out the legislative framework and planning criteria for, 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 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 certain 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 for variation to radio LAPs 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 and until it decides to propose a variation be made to the LAP, at which time the ACMA is obliged to engage in public consultation about the proposed variation.

In performing its function under section 26 of the BSA, the ACMA is required to promote the objects of the BSA, including the economic and efficient use of the spectrum.

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 FM planning purposes, the protected field strength in the presence of man-made radio noise alone is:> rural (mono) environment: >48 dBuV/m> rural (stereo) environment: >54 dBuV/m> suburban environment: >66 dBuV/m> urban environment: >74 dBuV/m.

Please note that unless specified otherwise, all population figures in this paper are from the Australian Census 2011 (Australian Bureau of Statistics).

1 Section 3 of the BSA.

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Planning for AM to FM conversionsIn February 2016, the minister asked the ACMA to give priority to applications for AM to FM conversion in the just over 50 eligible regional licence areas. The eligible areas are limited to those solus licensee regional licence areas with less than 30 per cent overlap with another licence area. The ACMA intends to provide further information on its proposed approach for AM FM conversions shortly.

The ACMA has assessed the proposed LAP variations discussed in this paper and has concluded that the proposals for allocation of spectrum or variation of technical specifications in the Bendigo, Horsham and Shepparton licence area plans will not impact on the planning for AM to FM conversions.

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Preliminary view 1: Commercial radio—Bendigo Radio LAPThe ACMA proposes to vary the technical specifications of the in-fill transmitter of existing commercial radio broadcasting service ‘Gold’, with the callsign 3EL, at Bendigo City that operates on a frequency 98.3 MHz. It is proposed that:> the transmitter site nominal location be varied to specify the ‘Comms Site

Specimen Hill Reservoir’ site with corresponding Australian Map Grid (AMG) coordinates

> a maximum effective radiated power (ERP) of 250 W be specified> the maximum antenna height be specified as 90 metres.

Bendigo commercial radio broadcasting service Gold (3EL) The Bendigo Radio LAP was determined on 8 August 1997 and varied on 7 October 1999, 28 May 2008 and 21 August 2009.

The Bendigo LAP includes provisions for a commercial AM radio broadcasting service (3EL) in the Maryborough RA1 licence area to operate on AM frequency 1071 kHz. Radio Central Victoria Pty Ltd is the licensee of the Gold service.

Broadcasting as ‘Gold’, the service currently has an in-fill transmitter operating on an FM frequency of 98.3 MHz to retransmit the Gold AM service into Bendigo City.

In June 2013, the Gold licensee requested that the ACMA consider varying the Bendigo Radio LAP to increase the maximum ERP of the Gold FM in-fill transmitter from 100 to 250 W and antenna height from 40 to 90 metres to improve the service quality at Bendigo City.

The ACMA has conducted an engineering assessment of the Gold licensee’s request and verified that the current operating conditions of the Gold FM in-fill transmitter do not provide an urban level signal strength to Bendigo City, with some areas in Bendigo City not even receiving a suburban level of the signal. The ACMA is of the view that an urban level of signal is appropriate for the city of Bendigo, and by increasing the maximum ERP from 100 to 250 W and antenna height from 40 to 90 metres, the overall quality of the Gold FM in-fill transmitter at Bendigo City could be improved as requested. The ACMA is also of the view that the proposed changes for the Gold FM in-fill transmitter would not overspill into urban centres beyond the Maryborough RA1 licence area.

The Bendigo Radio LAP currently describes the transmitter site nominal location as ‘Bendigo’ and specifies a particular set of Australian Map Grid coordinates for the Gold Bendigo City FM in-fill transmitter. Due to unavailability of a transmitter site at the specified coordinates, the Gold Bendigo City FM in-fill transmitter has been licensed and is operating at the ‘Comms site, Specimen Hill Reservoir’. Therefore, the ACMA is of the view that by changing the transmitter site nominal location and coordinates, the LAP technical specifications and the issued apparatus licence would be consistent and represent the actual transmitter location.

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Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals presented in regard to the technical specifications of the Gold FM in-fill transmitter at Bendigo City 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)) and the need for an appropriate coverage of matters of local significance (paragraph 3(1)(g)).

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Preliminary view 2: Community radio—Bendigo Radio LAPThe ACMA proposes to vary the technical specifications of the existing Maryborough community radio broadcasting service, ‘Goldfields FM’, with the call sign 3GFM, that operates on a frequency of 99.1 MHz. It is proposed that:> a transmitter site nominal location of ‘Broadcast Mast, Council Site,

Centenary Hill off Stoneham Drive, Maryborough’ be specified with corresponding AMG coordinates

> a maximum effective radiated power (ERP) of 500 W be specified.

The ACMA also proposes to make channel capacity available for a new community radio broadcasting service at Castlemaine. It is proposed that the technical specifications include:> a frequency of 94.9 MHz> a transmitter site nominal location of ‘Broadcast/Comms Tower Castlemaine

Smallgoods Site via Daws Road’ with corresponding AMG coordinates> a maximum ERP of 1 kW> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 35 metres.

Maryborough community broadcasting service Goldfields FM (3GFM)The Bendigo Radio LAP includes provision for a community radio broadcasting service 3GFM in the Maryborough RA2 licence area. Broadcasting as ‘Goldfields FM’, Strengthening Goldfields Community Radio Inc. (Strengthening Goldfields) is the licensee of the Maryborough 3GFM service.

The Goldfields FM service is planned in the Bendigo LAP to broadcast from the ‘Community VHF-FM Site 53 Burns Street Maryborough’ on frequency 99.1 MHz with a maximum ERP of 250 W and a maximum antenna height of 30 metres.

In June 2011, the licensee requested that the ACMA consider varying the transmitter site nominal location for the Goldfields FM service, as it was required to relocate from its town based transmitter site on or before 30 June 2012 by the Central Goldfields Shire.

The Goldfields FM licensee proposed a new transmitter site at ‘Broadcast Mast, Council Site, Centenary Hill off Stoneham Drive Maryborough’, to expand the coverage of the Goldfields FM service by increasing its maximum ERP from 250 to 500 W, and requested an extension to the boundary of the Maryborough RA2 licence area to include the entire Central Goldfields Shire.

Strengthening Goldfields claimed it received regular complaints of poor reception of its service over a large part of Maryborough and the Central Goldfields Shire, and therefore an increase of the transmitting power at the new site would be necessary to rectify the deficient coverage. The licensee further claimed there is local community interest for the Goldfields FM service to expand its coverage area to the entire Central Goldfields Shire in addition to Maryborough.

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The ACMA assessed that the proposed new transmitter site is at a higher elevation compared to the old transmitter site, and if the Goldfields FM service continued to operate at the LAP planned maximum ERP of 250 W and an antenna height of 30 metres, such operation would be a breach of the Broadcasting Services (Technical Planning) Guidelines 2007 (TPGs). As the ACMA was not in a position to vary the Bendigo Radio LAP at the time of the required transmitter site relocation, a licence was issued to the Goldfields FM service, with the reduced maximum ERP of 50 W at the proposed new site in order to comply with the TPGs.

In November 2013, Strengthening Goldfields informed the ACMA that after the relocation of the transmitter and transmitting at reduced power, signal deficiency was experienced immediately, with poor penetration into brick buildings and homes in the built up areas of Maryborough and adjacent communities within the Central Goldfields Shire.

In April 2014, Strengthening Goldfields requested that the ACMA consider varying the Bendigo LAP to update the LAP transmitter site details to the current licensed site and to increase the maximum ERP to 500 W. In their application, Strengthening Goldfields indicated that they intend to serve the Central Goldfields Shire. As some of the targeted areas are not in the current Maryborough RA2 licence area, the licensee also requested a licence area variation.

The ACMA has conducted an engineering assessment of the Goldfields licensee’s current request and is of the view that by increasing its maximum ERP from the licensed 50 W to 500 W at the new transmitter site nominal location at Stoneham Drive, the coverage of the Goldfields FM service could be extended significantly to most areas within the Central Goldfields Shire without causing interference to neighbouring radio broadcasting services. The ACMA also assessed that there is significant demand for the Goldfields FM service in the greater Goldfields Shire to justify the extension of the Maryborough RA2 licence area (See Preliminary view 8). The Goldfields licensee has agreed with the coverage area predicted from the new technical specifications and indicated that it would like the LAP to be varied as requested.

Castlemaine community radio broadcasting serviceCastlemaine is located approximately 40 kilometres from Bendigo. It has a population of 6,751 and is contained within the Bendigo LAP. It is currently served by the long-term community radio broadcasting service 3EON, broadcasting as Radio KLFM, on frequency 106.3 FM, which is based in Bendigo.

Castlemaine District Radio Inc. (MAIN FM) has been licensed to provide a temporary community radio broadcasting service (TCBL) at Castlemaine since November 2008. This temporary service currently broadcasts from the Broadcast/Comms Tower Castlemaine Smallgoods Site via 13 Daws Road, using an FM frequency of 94.9 MHz with a maximum ERP of 1 kW and an omni-directional antenna pattern.

The ACMA’s practice has been to issue TCBLs to aspirant broadcasters to test the viability of a community service in the area being served until the opportunity arises to consider the addition of a long-term community radio broadcasting service in the relevant LAP.

In considering whether to plan for a new long-term community radio broadcasting service in an area, the ACMA has considered whether there was any interest in providing a community radio broadcasting service in that area.

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The ACMA considers that the ongoing operation of this TCBL suggests there is demand and community interest in a community broadcasting service at Castlemaine. The ACMA also considers that, if it were to make channel capacity available for a new long-term community radio broadcasting service at Castlemaine, it is likely that there would be interest in the licence.

The ACMA has identified that the frequency currently used by the TCBL at Castlemaine is available and suitable for a long-term community radio broadcasting service, and that its use will not unreasonably limit the ACMA’s planning options in the future.

The ACMA considers that planning a long-term community radio broadcasting service in the Castlemaine market using 94.9 MHz will represent an economic and efficient use of the radiofrequency spectrum. It is also expected to promote the objects of the BSA, in particular at paragraph 3(1)(a) and (g), as it increases the diversity and overall number of different types of broadcasting services available, and is likely to increase the provision of diverse programming and coverage of local significance in the Castlemaine area.

Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals presented in regard to Goldfields FM (3GFM) transmitter technical specifications and planning of the long-term community broadcasting service at Castlemaine 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)) and the need for an appropriate coverage of matters of local significance (paragraph 3(1)(g)).

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Preliminary view 3: National radio—Horsham Radio LAPThe ACMA proposes to vary the technical specifications of the existing Horsham national radio broadcasting service provided by ABC NewsRadio, with the callsign 3PNN, on a frequency of 89.3 MHz. It is proposed that:> the transmitter site nominal location ‘BA Site, Cnr Henty Hwy and Dooen

School Road, Dooen’ be specified with corresponding AMG coordinates> a maximum effective radiated power (ERP) of 20 kW be specified> a maximum antenna height of 180 metres be specified.

The ACMA also proposes to vary the technical specifications of three Horsham national radio broadcasting services planned for 90.1 MHz, 90.9 MHz and 99.7 MHz. It is proposed that:> a maximum ERP of 20 kW be specified for all three services.

Horsham national radio broadcasting service (PNN)The Horsham Radio LAP was determined on 13 December 2001. The Horsham LAP provides for eight national radio broadcasting services to serve the Horsham, Ararat and Nhill areas.

In 2005, the then government reserved channel capacity under section 312 of the BSA for the extension of the ABC Parliamentary News Network (PNN) service to areas in Australia with a population of 10,000 or more if the ACMA could confirm availability of spectrum.

The ABC has asked that the ACMA should, when planning for PNN radio services, identify FM frequencies that will provide the same level of coverage as existing ABC radio services in an area, or a high power frequency where there are no existing ABC radio services.

As part of the staged rollout to extend ABC’s PNN broadcasting services across Australia, one of the previously planned FM frequencies for national services (89.3 MHz) in the Horsham LAP was identified as a suitable frequency for the ABC PNN service at Horsham. This 89.3 MHz national service had previously been planned to operate from the Telstra Radio Terminal, Mt Arapiles site at a maximum ERP of 80 kW, which would have been equivalent to similarly planned national services in this area. However, the ABC was not able to implement this PNN service at the Mt Arapiles transmitter site due to infrastructure limitations.

In February 2010, the ABC requested to implement the PNN service at an alternative site, the Broadcast Australia site at Dooen. Following an assessment from the ACMA, the ABC agreed that the PNN service would operate at this site with a reduced maximum ERP of 20 kW to minimize possible interference to an adjacent high-powered national service at Bendigo. Consequently, an apparatus licence was issued to the ABC for this PNN service, with a technical specification allowing the PNN service to be transmitted from Dooen with the reduced maximum ERP of 20 kW.

In assessing the suitability of the Dooen site for the Horsham PNN service, the ACMA identified three national radio allocations in the Horsham LAP, planned to operate from

2 Minister may reserve capacity for national broadcasters or community broadcasters.

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the Mt Arapiles site at 80 kW ERP. Two of these planned national allocations would not be able to operate at this planned power level. While neither allocation has been implemented, the ACMA has identified that if these two national services were to be licensed and operating, mutual interference may occur between these two allocations and adjacent high-power national services at Bendigo. Therefore, the ACMA proposes to reduce the maximum ERP of these two planned Horsham national allocations from 80 kW to 20 kW to reduce the potential impact on currently operating high-powered national services at Bendigo.

The third national radio allocation planned to operate from the Mt Arapiles site at 80 kW is not in use as planned. However, the national service 3ABCRN has been implemented using the frequency 99.7 MHz, which was assigned to this third national allocation. The 3ABCRN service is operating on the 99.7 MHz from a site in Horsham 33 kilometres from Mt Arapiles at an ERP of just 200 W.

The ACMA is proposing for reasons of consistency and spectrum efficiency that the technical specifications of this third national radio allocation planned to operate from Mt Arapiles should also be varied to reduce the maximum ERP to 20 kW. This proposal would have no impact on the operation of the 3ABCRN service, which is able to be licenced to operate at its current site in Horsham at a maximum ERP of 200 W, as these specifications are within the technical parameters allowed by the TPGs.

Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals presented in regard to the national broadcasting services in the Horsham LAP are an efficient and economic use of the radiofrequency spectrum and will promote the objects of the BSA. In particular, the availability of a diverse range of radio services (paragraph 3(1)(a)).

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Preliminary view 4: Commercial radio—Horsham Radio LAPThe ACMA proposes to make channel capacity available for two in-fill transmitters for the Horsham commercial radio broadcasting service ‘1089 3WM’, with the callsign 3WM, at Ararat and Nhill. It is proposed that the technical specifications of the 3WM Ararat transmitter include:> a frequency of 96.1 MHz> a transmitter site nominal location of ‘Telstra Radio Terminal Site, One Tree

Hill Road, Ararat’ with corresponding AMG coordinates> a maximum effective radiated power (ERP) of 250 W> a directional radiation pattern> mixed polarisation> a maximum antenna height of 30 metres.

It is proposed that the technical specifications of the 3WM Nhill transmitter include:> a frequency of 92.9 MHz> a transmitter site nominal location of ‘ACE Radio Site, Western Highway, 2

km NNE of Lawloit’ with corresponding AMG coordinates> a maximum ERP of 2 kW> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 30 metres.

The ACMA also proposes to make channel capacity available for an in-fill transmitter for the Horsham commercial radio broadcasting service ‘Mixx FM’, with the callsign 3WWM, at Hopetoun. It is proposed that the technical specifications of the Mixx FM Hopetoun transmitter include:> a frequency of 93.1 MHz> a transmitter site nominal location of ‘Grain Silo, Garrard Street, Hopetoun’

with corresponding AMG coordinates> a maximum ERP of 50 W> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 35 metres.

Horsham Commercial radio broadcasting services 1089 3WM (3WM AM) and Mixx FM (3WWM FM)The Horsham LAP includes provisions for an AM commercial radio broadcasting service (3WM) and an FM commercial radio broadcasting service (3WWM) in the Horsham RA1 licence area to serve the Horsham area.

3WM, broadcasting as ‘1089 3WM’, is planned in the Horsham LAP to operate on an AM frequency of 1089 kHz with a maximum cymomotive force of 840 volts. 3WWM, broadcasting as ‘Mixx FM’, is planned in the LAP to operate on an FM frequency of

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101.3 MHz with a maximum ERP of 20 kW. There are two in-fill transmitter planned in the LAP for the Mixx FM service to serve the areas of Ararat (98.5 MHz) and Nhill (94.5 MHz). Ace Radio Broadcasters Pty Ltd (ACE Radio) is the licensee of both services.

1089 3WM (3WM AM)On 9 December 2010, ACE Radio requested that the ACMA consider varying the Horsham Radio LAP to allow two FM in-fill transmitters to address claimed deficient coverage for its Horsham 1089 3WM service at Ararat and Nhill.

ACE Radio proposed to operate the Ararat in-fill transmitter with a maximum ERP of 1 kW and a directional antenna pattern, and the Nhill in-fill transmitter with a maximum ERP of 2 kW and an omni-directional antenna pattern. ACE Radio proposed to operate these two 1089 3WM FM in-fill transmitters co-sited with its existing Mixx FM in-fill transmitters at Ararat and Nhill.

The ACMA’s preferred approach to rectifying deficient coverage for AM radio services within their licence area is to first attempt to modify the specifications of the existing AM transmitter. This may include increasing the transmitter power, changing the radiation pattern or introducing day/night switching. Where modifications to the AM service do not resolve the coverage deficiencies, FM solutions may then be considered.3

FM in-fill transmitters are only planned to supplement AM services where the required FM spectrum is available , the AM coverage does not provide the required grade of service, and an additional FM transmitter is seen as the best option for in-filling or extending the coverage provided by the existing AM service.

Ararat has a population of 7,024 residents. It is located approximately 70 kilometres southeast of Horsham where the 3WM main AM transmitter is located. Nhill has a population of 1,872 residents and it is approximately 90 kilometres north-west of the 3WM Horsham main AM transmitter.

An engineering assessment undertaken by the ACMA has verified that the signal levels of the 1089 3WM Horsham AM service are below the suburban grade of service at both Ararat and Nhill. Due to general scarcity of AM frequencies, only options for FM transmitters were considered.

The ACMA has determined that the FM frequency 96.1 MHz with a maximum ERP of 250 W and a directional antenna pattern is available and suitable for use as an in-fill transmitter for the 1089 3WM service at Ararat.

The ACMA has also determined that the FM frequency 92.9 MHz with a maximum ERP of 2 kW and an omni-directional antenna pattern is available and suitable for use as an in-fill transmitter for the 1089 3WM service at Nhill.

An ACMA engineering assessment indicated no signal overspill into urban centres in any neighbouring licence areas from the proposed 1089 3WM in-fill transmitters at Ararat and Nhill.

Mixx FM (3WWM FM)In June 2014, ACE Radio also requested that the ACMA consider varying the Horsham Radio LAP to allow an in-fill transmitter to provide the Mixx FM service at Hopetoun. ACE Radio claimed there is community interest requesting ACE Radio to

3 This approach is published in the Broadcast Planning Instruction No. 12, ‘Planning in-fill services for MF-AM radio broadcasting services’.

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deliver a radio service targeted at the youth audience in Hopetoun and surrounding areas. ACE Radio proposed to operate the Hopetoun in-fill transmitter on the FM frequency of 93.1 MHz with a maximum ERP of 50 W and an omni-directional antenna pattern.

Hopetoun has a population of 555 residents. It is located approximately 110 kilometres north of Horsham where the Mixx FM main FM transmitter is located. Hopetoun is situated in an overlapping area between the Horsham RA1 and Swan Hill RA1 licence areas, and is adjacent to the Remote Central Zone RA1 licence area.

Currently, there is no commercial or community broadcasting FM service delivered to Hopetoun.

The population of Hopetoun is likely to be too small to support a local community broadcasting service. With ACE Radio receiving a petition with 300 signatures from the people of Hopetoun and surrounding areas requesting the Mixx FM service, there is a community demand for this service.

The ACMA considers that establishing an FM in-fill transmitter for the commercial Mixx FM service at Hopetoun would improve the availability of radio services in Hopetoun. The Hopetoun community, especially the younger audiences, would have commercial FM radio coverage of matters of local significance. The ACMA has determined that the FM frequency 93.1 MHz, with a maximum ERP of 50 W and an omni-directional antenna pattern, is available and suitable for use as an in-fill transmitter for the Mixx FM Hopetoun service. The ACMA also determined that the proposed Mixx FM Hopetoun FM in-fill transmitter would not overspill into urban centres beyond the Horsham RA1 licence area.

Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals in regard to additional transmitters for 1089 3WM (3WM AM) and Mixx FM (3WWM FM) are an efficient and economic use of radiofrequency spectrum and will promote the objects of the BSA. In particular, the availability of a diverse range of radio services (paragraph 3(1)(a)) and the need for an appropriate coverage of matters of local significance (paragraph 3(1)(g)).

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Preliminary view 5: National radio—Shepparton Radio LAPThe ACMA proposes to make channel capacity available for a national radio broadcasting service to be provided by ABC NewsRadio, with the callsign 3PNN, at Goulburn Valley. It is proposed that the technical specifications include:> a frequency of 107.7 MHz> a transmitter site nominal location of ‘Broadcast Australia Site TV Access

Road MOUNT MAJOR’ with corresponding AMG coordinates> a maximum effective radiated power (ERP) of 5 kW> a directional radiation pattern> mixed polarisation> a maximum antenna height of 100 metres.

Goulburn Valley national broadcasting serviceThe Shepparton Radio LAP was determined on 15 September 1997 and varied on 26 April 2001.

The Shepparton LAP currently includes provision for three FM national radio broadcasting services to serve the Goulburn Valley area. All of these services are licenced and operating.

As part of the rollout of PNN services, the area of Goulburn Valley was proposed by the ABC for a potential PNN service. Following a broadcast engineering assessment, the ACMA proposed frequency 107.7 MHz, operating at a maximum ERP of 5 kW with a directional radiation pattern from the transmitter site located at ‘Broadcast Australia Site TV Access Road, Mount Major’.

The ABC has asked that the ACMA should, when planning for PNN radio services, identify FM frequencies that will provide the same level of coverage as existing ABC radio services in an area, or a high power frequency where there are no existing ABC radio services.

The proposed specifications for the PNN service at Goulburn Valley did not provide the same level of coverage as existing ABC radio services in the Goulburn Valley, which operate with a maximum ERP of 100 kW. Due to spectrum congestion and the possibility of interference to and from other existing broadcasting services, this proposed 5 kW service was the only option available for the service. The ABC was issued with an apparatus licence in October 2009 for this service.

Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that making spectrum available in the Shepparton LAP for a national radio broadcasting service at Goulburn Valley is an efficient and economic use of the radiofrequency spectrum and is likely to further promote the objects of the BSA. In particular, the availability of a diverse range of radio services (paragraph 3(1)(a)).

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Preliminary view 6: Commercial radio—Shepparton Radio LAPThe ACMA proposes to vary the technical specifications of the in-fill transmitter at Mount Buller for the Shepparton commercial radio broadcasting service ‘Star FM’, with the callsign 3SUN, that operates on a frequency of 93.7 MHz. It is proposed that:> the general area served become ‘Mansfield’> a transmitter site nominal location of ‘Com Site The Paps, Maindample’ be

specified with corresponding AMG coordinates> a maximum effective radiated power (ERP) of 1 kW be specified> a maximum antenna height of 20 metres be specified.

The ACMA also proposes to make channel capacity available for an in-fill transmitter for the Shepparton commercial radio broadcasting service ‘Star FM’, with the callsign 3SUN, at Alexandra/Eildon. It is proposed that the technical specifications for the 3SUN Alexandra/Eildon transmitter include:> a frequency of 93.7 MHz> a transmitter site nominal location of ‘Department of Conservation Site,

DEVILS RIVER’ with corresponding AMG coordinates> a maximum ERP of 1 kW> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 30 metres.

The ACMA also proposes to make channel capacity available for an in-fill transmitter for the Shepparton commercial radio broadcasting service ‘3SR FM’, with the callsign 3SRR, at Mansfield. It is proposed that the technical specifications for the transmitter include:> a frequency of 91.3 MHz> a transmitter site nominal location of ‘Com Site The Paps, Maindample’ with

corresponding AMG coordinates > a maximum ERP of 1 kW> a directional radiation pattern> mixed polarisation> a maximum antenna height of 20 metres.

Shepparton commercial radio broadcasting services Star FM (3SUN) and 3SR FM (3SRR)The Shepparton LAP includes provision for the commercial radio broadcasting services, 3SUN (broadcasting as Star FM) and 3SRR (broadcasting as 3SR FM), in the Shepparton RA1 licence area. Goulburn and Border Broadcasters Pty Ltd (Goulburn Broadcasters) is the licensee for both services and is part of the Southern Cross Austereo radio network.

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Star FM (3SUN)The Star FM service is planned in the Shepparton LAP with the following technical specifications:> a frequency of 96.9 MHz, a transmitter site nominal location of ‘Mount MAJOR’, a

maximum ERP of 100 kW and a directional radiation pattern to serve the Shepparton area.

The Shepparton LAP also has provision for two in-fill transmitters for the Star FM service that are planned with the following technical specifications:> a frequency of 93.7 MHz, a transmitter site nominal location of ‘Telstra Tower Old

Hut Spur MOUNT BULLER’, a maximum ERP of 1.2 kW and a directional radiation pattern to serve the Mount Buller area (this transmitter also serves the Mansfield area)

> a frequency of 93.7 MHz, a transmitter site nominal location of ‘MT BROUGHTON’, a maximum ERP of 1 kW and a directional radiation pattern to serve the Yea area.

In 1998, the licensee of Star FM requested and was issued a licence for an additional in-fill transmitter with the following technical specifications:> a frequency of 93.7 MHz, a transmitter site of ‘Department of Conservation site,

DEVIL’S RIVER’, a maximum ERP of 1 kW and an omni-directional radiation pattern to serve the Alexandra/Eildon area.

This in-fill transmitter has been operating on a temporary basis pursuant to a determination made under section 34 of the BSA. The technical specifications of this in-fill transmitter are not currently included in the Shepparton LAP.

Alexandra is located 90 kilometres from Shepparton and has a population of 2,656. Eildon is approximately 100 kilometres from Shepparton and 26 kilometres from Alexandra and has a population of 733. Both townships are located within the Shepparton RA1 licence area. There are no commercial transmitters planned in the Shepparton LAP for either centre.

3SR FM (3SRR)The 3SR FM service is planned in the Shepparton LAP with the following technical specifications:> a frequency of 95.3 MHz, a transmitter site nominal location of ‘Mount MAJOR’, a

maximum ERP of 100 kW and a directional radiation pattern to serve the Shepparton area.

In 2005, the licensee of 3SR FM requested and was issued a licence to operate an in-fill transmitter with the following technical specifications:> a frequency of 91.3 MHz, a transmitter site of ‘Telstra Tower Old Hut Spur MOUNT

BULLER’, a maximum ERP of 350 W and an omni-directional radiation pattern to serve the Mount Buller area (this transmitter also serves the Mansfield area).

This in-fill transmitter has been operating on a temporary basis pursuant to a determination made under section 34 of the BSA. The technical specifications of this in-fill transmitter are not currently included in the Shepparton LAP.

Mansfield is located 97 kilometres from Shepparton and has a population of 4,360 and is the main support town for Mount Buller. There are no commercial transmitters planned in the Shepparton LAP for Mansfield.

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Proposals for new servicesThe ACMA considers that the continued operation of the Star FM in-fill transmitter serving Alexandra/Eildon since 1998, and the 3SR FM in-fill transmitter serving Mt Buller and Mansfield, have addressed demand for these two transmitters.

Although both transmitters are currently licensed under a temporary arrangement, the ACMA believes it would be appropriate to license these two transmitters on a long-term ongoing basis. Planning frequencies for long-term in-fill transmitters at Alexandra/Eildon and Mansfield using 93.7 MHz and 91.3 MHz respectively, will represent an economic and efficient use of radiofrequency spectrum.

Star FM/3SR FM in-fill transmitter move from Mount Buller to MansfieldIn February 2015, in addition to the request to vary the Star FM and 3SR FM licence, the licensee Goulburn Broadcasters requested a change to the nominal location of the transmitter site for the Star FM and 3SR FM in-fill transmitters at Mt Buller, as the planned nominal location was soon to become unavailable.

Goulburn Broadcasters nominated the Coms site, The Paps at Maindample for the FM in-fill transmitters, which the licensee claimed would also greatly improve coverage into Mansfield while continuing to provide adequate coverage into Mt Buller. Coverage into Mount Buller is provided by the main Shepparton Star FM service from Mt Major.

Following an engineering assessment of this request, the ACMA is proposing to change the transmitter site nominal location for the Star FM and 3SR FM in-fill transmitter services to the Paps site to ensure the continuing operation of these two commercial services for the Mansfield area. It is proposed that the relocated in-fill transmitters operate with the following technical specifications:> on frequencies 91.3 MHz (3SR FM) and 93.7 MHz (Star FM) from the transmitter

site nominal location of ‘Com Site The Paps, MAINDAMPLE’, with a maximum ERP of 1 kW, a directional radiation pattern and a maximum antenna height of 20 metres.

Preliminary viewFollowing consideration of the evidence available to it and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals concerning Star FM and 3SR FM are an efficient and economic use of radiofrequency spectrum and will promote the objects of the BSA. In particular the availability of a diverse range of radio services (paragraph 3(1)(a)), a regulatory environment for the development of a broadcasting industry that is efficient and responsive to audience needs (paragraph 3(1)(b)), and the need for an appropriate coverage of matters of local significance (paragraph 3(1)(g)).

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Preliminary view 7: Community radio—Shepparton Radio LAPThe ACMA proposes to make channel capacity available for two in-fill transmitters for the Mansfield community radio broadcasting service ‘Radio Mansfield 99.7 FM’, with the callsign 3MCR, at Tolmie and Woods Point. It is proposed that the technical specifications for the 3MCR Tolmie transmitter include:> a frequency of 88.7 MHz> a transmitter site nominal location of ‘3MCR Site, 60 Marchese Lane

Archerton’ with corresponding AMG coordinates> a maximum effective radiated power (ERP) of 100 W> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 20 metres

It is proposed that the technical specifications for the 3MCR Woods Point transmitter include:> a frequency of 90.1 MHz> a transmitter site nominal location of ‘Radio Relay Station, FRENCHMANS

GAP’ with corresponding AMG coordinates> a maximum ERP of 100 W> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 20 metres.

The ACMA also proposes to make channel capacity available for a new community radio broadcasting service at Seymour. It is proposed that the technical specifications for this service include:> a frequency of 103.9 MHz> a transmitter site nominal location of ‘Broadcast Site, 400 Telegraph Road,

Seymour’ with corresponding AMG coordinates> a maximum ERP of 500 W> a directional radiation pattern> mixed polarisation > a maximum antenna height of 42 metres.

The ACMA proposed to make channel capacity available for two in-fill transmitters for the Alexandra/Eildon community radio broadcasting service ‘UGFM’, with the callsign 3UGE, at Flowerdale/Hazeldene and Kinglake. It is proposed that the technical specifications for the 3UGE Flowerdale/Hazeldene transmitter include:> a frequency of 98.9 MHz > a transmitter site nominal location of ‘Broadcast Planning site Hill 1 km west

of Hazeldene’ with corresponding AMG coordinates> a maximum ERP of 100 W

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> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 15 metres.

It is proposed that the technical specifications for the 3UGE Kinglake transmitter include:> a frequency of 94.5 MHz> a transmitter site nominal location of ‘Scout Hall Kinglake Memorial Reserve

Cnr Extons Road & Kinglake-Whittlesea Road’ with corresponding AMG coordinates

> a maximum ERP of 1 kW> an omni-directional radiation pattern> mixed polarisation> a maximum antenna height of 15 metres.

Mansfield community radio broadcasting service Radio Mansfield 99.7 FM (3MCR) The Shepparton Radio LAP includes provision for a community radio broadcasting service 3MCR in the Mansfield RA1 licence area. Broadcasting as ‘Radio Mansfield 99.7 FM’ (Radio Mansfield), the planned technical specifications of the service include a frequency of 99.7 MHz operating from the Paps transmitter site with a maximum ERP of 1 kW with an omnidirectional radiation pattern. Mansfield Community Radio Inc. (MCR) is the licensee of the Mansfield 3MCR service.

In June 2011, the Radio Mansfield 99.7 FM licensee MCR, requested that the ACMA consider varying the Shepparton Radio LAP to allow it to operate two in-fill transmitters at Tolmie and Woods Point, in conjunction with expanding the Mansfield RA1 licence area to include these two areas. 3MCR proposed to operate both the in-fill transmitters with a maximum ERP of 100 W and omni-directional antennas. The licensee did not specified its preferred operating frequencies.

Neither Tolmie nor Woods Point are located within the Mansfield RA1 licence area.

Tolmie is located 20 kilometres northeast of Mansfield and has a population of 547.

Tolmie is situated in an overlapping area between the Shepparton RA1 and the Central Zone RA2 licence areas.

Woods Point is located 60 kilometres southeast of Mansfield and has a population of 384. Woods Point is located in the Remote Central Zone RA1 licence area.

Both Tolmie and Woods Point are well-known black spot areas for mobile phone and radio reception within the Mansfield Shire due to terrain blockages. Currently, there are no commercial or community broadcasting licensees delivering a service to Tolmie and Woods Point.

The populations of these two communities are likely to be too small to support local community broadcasting services. MCR has submitted that there is a community interest in the provision of the Radio Mansfield service to these areas, in particular for emergency service and matters of local significance.

The ACMA is of the view that there is significant community of interest between Mansfield, Tolmie and Woods Point and the Radio Mansfield licensee’s request to expand the Mansfield RA1 licence area in conjunction with the planning of in-fill

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transmitters at Tolmie and Woods Point would improve the current the lack of radio broadcasting services in these areas. The extension of the Mansfield RA1 licence area to include these two areas would extend the overlaps with the Shepparton RA1, Central Zone RA2 and Remote Central RA1 licence areas.

The ACMA has determined that the FM frequencies 88.7 MHz (Tolmie) and 90.1 MHz (Woods Point), with a maximum ERP of 100 W and an omni-directional antenna pattern, are available and suitable for use as in-fill transmitters for the Radio Mansfield service. Engineering assessments indicate that the allocation of these frequencies would not limit the ACMA’s planning options in the future.

Seymour community radio broadcasting serviceSeymour is located 98 kilometres north of Melbourne and has a population of 6,360. It serves the surrounding agricultural industries, as well as the nearby military base of Puckapunyal.

Seymour Puckapunyal Community Radio Inc. (Seymour FM) holds a temporary community broadcasting licence (TCBL) and has provided a service at Seymour since August 2009. This temporary service currently broadcasts from Broadcast Site, 400 Telegraph Road, Seymour, using a frequency of 103.9 MHz with a maximum ERP of 500 W and a directional antenna pattern.

The ACMA’s practice has been to issue TCBL’s to aspirant broadcasters to test the viability of a community service in the area being served until the opportunity arises to consider the addition of a long-term community radio broadcasting service in the relevant LAP.

The ACMA considers that the ongoing operation of this temporary service since 2009 suggests there is a demand and community interest in a new community broadcasting service at Seymour. The ACMA considers that planning a long-term community radio broadcasting service in Seymour using 103.9 MHz will represent an economic and efficient use of radiofrequency spectrum. Staff have confirmed that the frequency and power level for this service are suitable for long-term use, and that such use would not limit the ACMA’s planning options in the future.

The ACMA also considers that, if it were to make channel capacity available for a new long-term community radio broadcasting service in these areas, it is likely that there would be interest in applying for a community radio broadcasting licence.

3UGE Community Broadcasting ServiceThe Shepparton LAP includes provision for a community broadcasting service 3UGE in the Alexandra/Eildon RA1 licence area. Broadcasting as ‘UGFM’ it serves the areas of Alexandra/Eildon on frequency 106.9 MHz, Marysville on frequency 98.5 MHz and Yea on frequency 88.9 MHz. Upper Goulburn Community Radio Inc. (Upper Goulburn) is the licensee of the UGFM service.

Upper Goulburn also operates retransmission repeaters for the UGFM service at Flowerdale/Hazeldene on frequency 98.9 MHz and Kinglake on 94.5 MHz by means of transmitters licensed on a temporary basis. Flowerdale/Hazeldene and Kinglake are not located within the current boundaries of the Alexandra/Eildon RA1 licence area. UGFM is licensed to broadcast out-of-area retransmissions into Flowerdale/Hazeldene in accordance with the provision provided under section 212 of the BSA.4 The Kinglake transmitter operates under a TCBL licence allocated to UGFM.

4 Special provisions for re-transmission of programs.

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In September 2015, Upper Goulburn requested a variation to the Shepparton LAP to:> add technical specifications for the 3UGE transmitters at Flowerdale/Hazeldene

and Kinglake > extend the Alexandra/Eildon RA1 licence area to include Flowerdale/Hazeldene

and Kinglake> include the communities of Kanumbra, Yarck, Gober, Pheasant Creek, Dixons

Creek, Steels Creek, Castella, Strathewen, Hurstbridge, Arthurs Creek, St Andrews, Yarra Glen, Wesburn, Glenburn, Delvins Bridge, Strath Creek, Toolangi and Merton Gap in the Alexandra/Eildon RA1 licence area.

Kinglake temporary community broadcasting serviceKinglake is 46 kilometres northeast of Melbourne and has a population of 1,347. It is located in the Murrindindi Shire. It is included as part of the Melbourne RA1 licence area that has provision for eight community radio broadcasting services, however none of these community services provide coverage into Kinglake.

The TCBL in Kinglake was established following requests from the community and the Murrindindi Shire council to start a service to aid in bushfire recovery following the 2009 Black Saturday bushfires. Initially the TCBL was held by Upper Goulburn to broadcast the UGFM service however, in 2011 a local Kinglake community group, Kinglake Rangers Radio Inc., commenced operating this service.

In June 2014, the service provided by the Kinglake community group shut down and a request was made by local residents to UGFM to take over the licence. Upper Goulburn has held the TCBL licence since August 2014.

An engineering assessment has found that the frequency and power levels for the TCBL service at Kinglake are suitable for long-term use and would not limit the ACMA’s planning options in the future. The ACMA considers that it would be appropriate to licence UGFM to operate a Kinglake transmitter on a long-term ongoing basis. This transmitter is expected to have the same coverage as the current TCBL, and is unlikely to provide coverage beyond the Kinglake plateau, which also incorporates the Pheasant Creek area.

Given the community support for a community radio broadcasting service in Kinglake and taking into account the previous unsuccessful attempt to establish a community service in Kinglake, the ACMA is of the preliminary view that it would be appropriate, in conjunction with an expansion of the licence area to incorporate Kinglake into the Alexandra/Eildon RA1 area (see Preliminary view 8), to make spectrum available in Kinglake for the 3UGE community broadcasting service in the Shepparton LAP.

Flowerdale/Hazeldene retransmissionFlowerdale/Hazeldene is located 95 kilometres north of Melbourne and has a population of 964. It is in the Murrindindi Shire and included in the Melbourne RA1 licence area. None of the eight community broadcasting services planned for the Melbourne RA1 licence area provides coverage to Flowerdale/Hazeldene.

The Flowerdale/Hazeldene UGFM out-of-area retransmission was established in March 2006 at the request of the Murrindindi Shire council. Flowerdale/Hazeldene had limited coverage from radio broadcasting services and the UGFM retransmission was established along with a retransmission for ABC Regional radio.

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An engineering assessment of the retransmission at Flowerdale/Hazeldene has found that it is suitable for long-term use and will not unreasonably limit ACMA’s planning options in the future.

Considering the continuing operation of the retransmission at Flowerdale/Hazeldene and the lack of radio broadcasting services in the area, the ACMA is of the preliminary view that, in conjunction with an expansion of the licence area (see Preliminary view 8), spectrum be made available for the Flowerdale/Hazeldene in-fill transmitter in the Shepparton LAP.

Preliminary viewFollowing consideration of the evidence available to it, and having regard to the criteria set out in section 23 of the BSA and the objects of the BSA, the ACMA is of the preliminary view that the proposals presented in regard to the community radio broadcasting services Radio Mansfield 99.7 (3MCR) and UGFM (3UGE), and the planning of the long-term community broadcasting service at Seymour, is 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)), a regulatory environment for the development of a broadcasting industry that is efficient and responsive to the audience needs (paragraph 3(1)(b)), and the need for appropriate coverage of local matters of local significance (paragraph 3(1)(g)).

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Preliminary view 8: Licence area update and licence area designation The ACMA proposes to determine two new licence areas (Castlemaine RA1 and Seymour RA1) for the Castlemaine community radio broadcasting service in the Bendigo Radio LAP, and the Seymour community radio broadcasting service in the Shepparton Radio LAP.

The ACMA also proposes to expand the Maryborough RA2 licence area in the Bendigo Radio LAP, the Mansfield RA1 licence area and the Alexandra/Eildon RA1 licence area in the Shepparton Radio LAP.

The ACMA proposes to designate the Castlemaine RA1 licence area as the applicable licence area for the new community radio broadcasting service licence in the LAD for Bendigo radio.

The ACMA also proposes to designate the Seymour RA1 licence area as the applicable licence area for the new community radio broadcasting service licence in the LAD for Shepparton radio.

Licence areas—Proposed community services Under subsection 29(1) of the BSA, before the ACMA may allocate a new community radio broadcasting licence, the ACMA must designate one of the licence areas set out in a licence area plan as the applicable licence area for the service.

The town of Castlemaine, located in the Bendigo RA1 licence area, is the site for a proposed new community radio service in the Bendigo LAP. The town of Seymour is located within the Shepparton RA1 licence area and is the site for a proposed new community radio service in the Shepparton LAP.

The proposed new community radio service at Castlemaine is not planned to match the coverage of the Bendigo RA1 radio broadcasting services. Nor is the proposed community service at Seymour planned to match the Shepparton RA1 radio broadcasting services. It is not appropriate that these proposed community services cover the entire Bendigo RA1 or Shepparton RA1 licence areas.

The ACMA is therefore of the view that a new Castlemaine RA1 licence area and a new Seymour RA1 licence area should be determined, based on the coverage of the respective new services. These new licence areas would be defined using 2006 census data.

The Castlemaine RA1 licence area is detailed at Attachment 10.1 of the draft Variation to the Licence Area Plan – Bendigo – 2016 (No.1). The Seymour RA1 licence area is detailed at Attachment 5.1 of the draft Variation to the Licence Area Plan – Shepparton – 2016 (No.1). These licence areas are also detailed in the document Licence area maps that accompanies this discussion paper.

Licence area updateThe ACMA also proposes to expand the Maryborough RA2 licence area for the Maryborough community radio broadcasting service 3GFM (see Preliminary view 2),

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the Mansfield RA1 licence area for the Mansfield community radio broadcast service 3MCR and the Alexandra/Eildon RA1 licence areas for the community radio broadcasting service 3UGE (see Preliminary view 6), using 2006 census data, in conjunction with the change of technical specifications in the Bendigo and Shepparton LAPs.

The changes to the Maryborough RA2 licence area are detailed in the draft Variation to the Licence Area Plan – Bendigo – 2016 (No.1) at Attachment 7.1. The changes to the Alexandra/Eildon RA1 and Mansfield RA1 licence areas are detailed in the draft Variation to the Licence Area Plan – Shepparton – 2016 (No.1) at Attachment 2.1 (Alexandra/Eildon) and Attachment 3.1 (Mansfield).

Expansion of the Alexandra/Eildon RA1 licence areaThe ACMA is proposing to include Kinglake and Flowerdale/Hazeldene in the Alexandra/Eildon RA1 licence area as part of formalising the extension of the 3UGE service into these areas.

As noted in Preliminary view 7, the licensee of 3UGE requested that the communities of Kanumbra, Yarck, Gober, Pheasant Creek, Dixons Creek, Steels Creek, Castella, Strathewen, Hurstbridge, Arthurs Creek, St Andrews, Yarra Glen, Wesburn, Glenburn, Delvins Bridge, Strath Creek, Toolangi and Merton Gap be added to the Alexandra/Eildon RA1 licence area.

The areas of Kanumbra, Yarck, Merton Gap and Gobur already receive coverage of the UGFM service from the existing Alexandra/Eildon and Yea transmission services, and the proposed Kinglake retransmission service will provide coverage to Pheasant Creek. Therefore, the ACMA is proposing to add these areas to the Alexandra/Eildon RA1 licence area.

Coverage predictions indicate that Strath Creek, Glenburn and Devlin’s Bridge will not receive coverage of the UGFM service from any of the 3UGE transmitters. However, due to the alignment of census district boundaries that will be included in the licence area to incorporate the Kinglake and Flowerdale/Hazeldene areas, these three areas will be included in the proposed extended Alexandra/Eildon RA1 licence area.

The areas of Dixon Creek, Steels Creek, Castella, Strathewen, Hurstbridge, Arthurs Creek, St Andrews, Yarra Glen, Wesburn and Toonlangi are predicted not to receive the UGFM service, therefore the ACMA is proposing not to include these areas in the Alexandra/Eildon RA1 licence area.

Licence area designation (LAD)Should the ACMA vary the Bendigo and Shepparton LAPs to make spectrum available for long-term community broadcasting services at Castlemaine and Seymour, the ACMA proposes to:> designate the Castlemaine RA1 licence area (pursuant to s29 of the BSA) to the

service licence 1171284 (the Castlemaine community radio broadcasting service)> designate the Seymour RA1 licence area (pursuant to s29 of the BSA) to the

service licence 1171304 (the Seymour community radio broadcasting service)in the licence area definition (LAD) for Bendigo radio and Shepparton radio.

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Preliminary view 9: Minor amendmentsThe ACMA proposes to update the titles, schedules and attachments in the Bendigo, Horsham and Shepparton radio LAPs.

The ACMA proposes to rename the Horsham Radio LAP and Shepparton Radio LAP as the ‘Licence Area Plan – Horsham Radio’ and ‘Licence Area Plan – Shepparton Radio’ respectively, and make minor amendments to text, each of the schedules and attachments of the three LAPs.

The ACMA does not intend these amendments to alter any existing rights or obligations. It proposes to replace each of the schedules and attachments in their entirety, without changing the substantive parts (other than as discussed above to facilitate the changes discussed under preliminary views 1–7), to facilitate these amendments.

The proposed changes to schedules in the LAPs include removing the dates from the headings to ensure consistency in the headings for each schedule.

The proposed changes to the attachments include updating the site tolerance field to refer to the full title of the Broadcasting Services (Technical Planning) Guidelines 2007, for accuracy. Additional changes include removing dates from the headings to the attachments in which they appear and renumbering attachments so that the numbering is consistent and sequential.

The technical specifications in some of the attachments have also been updated to provide a more accurate description of the specification numbers and/or the nominal locations of the transmitter sites. Such information is generally indicative only. Changes have also been made to correct previous drafting anomalies in the maximum antenna height for the national radio broadcasting services at Alexandra, Eildon, Goulburn Valley and Mansfield in the Shepparton Radio LAP at Attachment 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.10, and 1.11.

The changes to the technical specifications in these attachments have been made to reflect current licensed conditions accurately, and do not signify a change to the planned performance of these transmitters.

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Invitation to commentMaking a submissionThe ACMA invites comments on the issues set out in this discussion paper. > Online submissions —submissions can be made via the comment function or by

uploading a document. The online consultation page provides details.> Submissions by post—can be sent to:

Draft variations to Bendigo, Horsham and Shepparton Radio LAPsBroadcasting Carriage Policy SectionAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

The closing date for submissions is COB, 8 July 2016. Please quote file reference ACMA2009/914 in your reply.

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

Enquiries> Consultation enquiries can be emailed to Nicole Brown at

LAPRequests@acma.gov.au.> Media enquiries can be directed to Emma Rossi on 02 9334 7719 or by email to

media@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.

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 various other government agencies and 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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