Proposed digital radio channel plan for Northern Territory and proposal to vary the digital radio channel plans for NSW/ACT, Queensland and TasmaniaConsultation paperDECEMBER 2016

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Issues for comment

IntroductionDigital radio expansion in Australia 2Digital radio channel plans (DRCPs) 4Declaration of foundation category 1 digital radio multiplex transmitter licences for Canberra, Darwin and the Gold Coast 5Proposed technical specifications for initial regional digital radio services 5Adoption of Geocentric Datum of Australia 1994 6

Proposed Radiocommunications (Digital Radio Channels – Northern Territory) Plan 2017Darwin 7

Proposed variation to the Radiocommunications (Digital Radio Channels – NSW/ACT) Plan 2007Canberra 8

Proposed variation to the Radiocommunications (Digital Radio Channels – Queensland) Plan 2007Brisbane 10Gold Coast 11

Proposed variation to the Radiocommunications (Digital Radio Channels – Tasmania) Plan 2007Hobart 12

Invitation to commentMaking a submission 13

Appendix A—Digital radio regulatory regimeLicence categories 15Right to apply for a licence and right to access a multiplex 15Digital radio channel planning 16

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Contents (Continued)

Issuing foundation DRMT licences 16Service commencement 17

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Issues for commentThis consultation paper does not pose 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 digital radio channel plans.

Details on making a submission can be found at Invitation to comment at the end of this paper.

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IntroductionThe Australian Communications and Media Authority (the ACMA) is proposing to make:> a new legislative instrument, which will make a digital radio channel plan (DRCP)

for Darwin RA1> variations to the existing legislative instruments containing the DRCPs for

NSW/ACT, Tasmania and Queensland.

The proposed draft variation instruments will (if made) add DRCPs for Canberra RA1 and the Gold Coast RA1 designated BSA radio areas (licence areas), and make changes to the technical specifications of the digital radio multiplex transmitters (DRMTs) in Hobart RA1 and Brisbane RA1. Minor changes to the DRCPs in Sydney RA1 are also proposed.

Before preparing a DRCP under subsection 44A(1) of the Radiocommunications Act 1992 (the Act), or varying a DRCP under subsection 44A(6) of the Act, the ACMA must publish a draft of the DRCP (or the variation) on the ACMA’s website and invite members of the public to make submissions to the ACMA about the DRCP (or the variation) within a specified period of at least 30 days. The ACMA must consider any submissions the ACMA received from the public within that period.1

This discussion paper accompanies the following draft instruments, which are available on the issues for comment webpage:> Radiocommunications (Digital Radio Channels – NSW/ACT) Plan Variation 2017

(No. 1)> Radiocommunications (Digital Radio Channels – Queensland) Plan Variation 2017

(No. 1)> Radiocommunications (Digital Radio Channels – Tasmania) Plan Variation 2017

(No. 1)> Radiocommunications (Digital Radio Channels – Northern Territory) Plan 2017> Radiocommunications (Foundation Category 1 Digital Radio Multiplex Transmitter

Licences) Declaration 2017.2

Digital radio expansion in AustraliaDigital radio services commenced in Australia in the five mainland state capital cities of Sydney, Melbourne, Adelaide, Perth and Brisbane in 2009.3 The ACMA has also authorised trials, through the use of a scientific apparatus licence, of digital radio broadcasting in Canberra and Darwin since 2010.4

1 The applicable consultation requirements under the Act for making a new DRCP are contained in subsection 44A(5). The consultation requirements applicable to varying DRCP are contained in subsection 44A(7).2 Whilst there is no legislative requirement to consult on this declaration as it is not a legislative instrument, the ACMA has chosen to consult in order to ensure transparency about this proposal.3 The ACMA has planned and licensed digital radio services for Adelaide, Brisbane, Melbourne, Perth and Sydney. Australia is using an upgraded version of the Digital Audio Broadcasting (DAB) standard, called DAB+, to broadcast digital radio. DAB+ utilises part of the VHF Band III spectrum band that is also used to deliver digital television services in many locations, including the five mainland state capital cities: Adelaide, Brisbane, Melbourne and Sydney.4 The Canberra trial commenced on 19 July 2010. The Darwin trial commenced on 13 August 2010. The trials have been authorised by scientific apparatus licences that have been renewed by the ACMA each year

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In 2015, the Department of Communications released The Digital Radio Report.5 Arising from the recommendations of the report, the government asked the ACMA to establish a joint government-industry committee chaired by the ACMA. The Digital Radio Planning Committee for Regional Australia (the committee)6 formed in September 2015, is tasked with planning the rollout of digital radio in regional areas where industry considers that it is economically feasible to do so, starting with the permanent licensing of the Canberra and Darwin trial services.

Commercial Radio Australia (CRA) advised the committee that commercial radio broadcasting licensees have expressed interest in rolling out digital radio to 39 licences areas within the next three to five years. In addition to the trial markets of Canberra and Darwin, another two of the 39 licence areas—Hobart and the Gold Coast—were identified as regional markets that could proceed to planning and licensing immediately. These four regional markets have been selected because:> Canberra and Darwin both have longstanding trial digital radio multiplex services

that could be readily converted to digital radio multiplex transmitter (DRMT) licensed permanent services. The regularisation of the trial digital radio multiplex services will provide certainty of the continuation of these digital radio services for their existing audiences.

> The rollout of digital radio multiplex services in Hobart, along with Canberra and Darwin, would complete the expansion of digital radio multiplex services into all state and territory capital cities in Australia.7

> The Gold Coast has been prioritised by the commercial radio industry as an initial regional market for digital radio services.

A technical sub-committee chaired by CRA was formed to develop high level technical planning principles for the allotment of frequency blocks for digital radio expansion in regional Australia. These principles operate as a guide to the ACMA in exercising its statutory decision-making in relation to the rollout of digital radio. A copy of the final Planning principles for the expansion of digital radio to regional Australia (the planning principles) is available on the ACMA website.

since that date.5 The report of the reviews by the Minister under the now repealed section 215B of the Broadcasting Services Act 1992 and section 313B of the Radiocommunications Act 1992, released in July 2015. 6 The committee is chaired by the ACMA and comprises representatives of key industry bodies and the government: Community Broadcasting Association of Australia, ABC, SBS, Commercial Radio Australia, the Australian Competition and Consumer Commission, and the Department of Communications and the Arts.7 The Hobart DRMT licence was not allocated with the licences for the other state capitals in 2009, as commercial radio broadcasters were not in a position to commence digital radio services at that time.

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Digital radio channel plans (DRCPs)DRCPs are legislative instruments made by the ACMA under section 44A of the Act.

A DRCP allots and reserves8 frequency channels (‘blocks’) for use by DRMT licensees in each licence area.9 DRMT apparatus licences provide for the shared use of the digital transmission infrastructure (multiplex transmitters) by national, commercial and community digital radio broadcasters. In making the DRCPs, the ACMA must also determine the number and types of DRMT licences to be issued, and the technical specifications of multiplex transmitters operated under DRMT licences.10

In 2007, as part of preparations for the rollout of digital radio, and in accordance with section 44A of the Act, the ACMA made six DRCPs, including the following DRCP legislative instruments:> Radiocommunications (Digital Radio Channels – NSW/ACT) Plan 2007 > Radiocommunications (Digital Radio Channels – Queensland) Plan 2007 > Radiocommunications (Digital Radio Channels – Tasmania) Plan 2007 .

These instruments contain the existing DRCPs for the Sydney RA1, Brisbane RA1 and Hobart RA1 licence areas respectively.

The ACMA proposes to vary the above-mentioned DRCP instruments for NSW/ACT, Tasmania and Queensland. The proposed variation instruments will add DRCPs for the Canberra RA1 and the Gold Coast RA1 licence areas, and make changes to the technical specifications of the DRMTs in the Brisbane RA1Hobart RA1 and Sydney RA1 licence areas.

The ACMA also proposes to make a new DRCP legislative instrument for the Northern Territory that will include a DRCP for the Darwin RA1 licence area.

More information about the digital radio regulatory regime is available at Appendix A, and on the ACMA website.

8 Pursuant to paragraph 44A(1)(a) the ACMA plans for and allots a frequency for category 1 and 2 DRMT licences for the licence area. Pursuant to paragraphs 44A(1)(b), the ACMA plans for and reserves a frequency for the category 3 DRMT licence for the licence area.9 Section 5 of the Act defines the designated BSA radio area as the BSA licence area of a commercial radio broadcasting licence or the BSA licence area of a community radio broadcasting licence, where the BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.10 Paragraphs 44A(1)(c) and (d) provide that before issuing DRMT licences in a licence area, the ACMA must by legislative instrument, determine whether the DRMT licences in the licence area will be category 1 or 2 DRMT licences, or a combination of the two types of DRMT licences. The DRCP instrument must stipulate whether one or more of the types of licences will be issued in the licence area.

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Declaration of foundation category 1 digital radio multiplex transmitter licences for Canberra, Darwin and the Gold CoastIn accordance with section 98C of the Act, the ACMA may make a declaration that a specified category 1 digital radio multiplex transmitter licence that is proposed to be issued is a foundation category 1 digital radio multiplex transmitter licence for the purposes of the Act.

The ACMA may declare category 1 and category 2 DRMTs as foundation licences. In effect, the issue of a foundation DRMT licence involves a one-off offer to incumbent broadcast licensees to apply for a licence through a joint venture company.

The ACMA proposes to make such a declaration for the proposed category 1 DRMT licences for Canberra, Darwin and the Gold Coast. The foundation category 1 DRMT licence for Hobart was declared in 2007.

In regional Australia, the number of standard access entitlements (that is, the number of commercial radio broadcasting licences) does not exceed four in any licence area. Therefore, in all regional licence areas, a maximum of one foundation category 1 digital radio multiplex transmitter may be declared within the cap set by section 98E of the Act.

It is therefore proposed that the Authority make a declaration for the proposed category 1 DRMT licence determined in the DRCP for each of Canberra, Darwin and the Gold Coast.

Proposed technical specifications for initial regional digital radio servicesThroughout 2016, the ACMA through the Committee, has been working with industry to develop a set of high level planning principles to guide digital radio planning and the allotment of frequency blocks for regional digital radio services. The ACMA is publishing the planning principles concurrently with the release of this paper. As noted above, the planning principles are available on the ACMA website.

The first principle (Planning Principle 1 – Overall planning approach) sets out the overall planning approach, stating that ‘the planning of a licence should address the wider area through the development of a regional plan (indicative regional allotment plans) encompassing all areas which may be affected by the transmission in the target licence area’.11 Although no indicative regional allotment plans have been completed as yet, the ACMA considers that sufficient knowledge has been gained through technical studies undertaken when developing the planning principles to be able to make DRCPs for the initial roll-out markets of Darwin, Canberra, Hobart and the Gold Coast.12

Another of the planning principles (Planning Principle 2—Proposed frequency allotment planning approach) specifies that a maximum effective radiated power (ERP) of 5 kW will be used in the allotment planning process for the majority of licence areas. However, due to the proximity to other licence areas, certain licence areas will need to be authorised at a power less than 5 kW at the outset. Conversely, more isolated areas may be permitted to operate at a power (ERP) greater than 5 kW. Once the indicative allotment plans are completed and the interference potential can be

11 Planning principles at page 2.12 These initial markets have been identified by the committee as the four markets to be rolled out as a priority from the 39 regional markets identified by industry as ready to rollout in the next three to five years.

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predicted with a degree of certainty, an assessment of the impact of the proposed increase in power on services in other licence areas can occur. If an increase in ERP is requested by the licensee, this may be considered by the ACMA on a case-by-case basis. Should an increase in power be assessed as feasible and appropriate by the ACMA, a variation to the relevant DRCP instrument would be required.

Given the relative isolation of both Darwin RA1 and Hobart RA1, where the availability of spectrum is not an issue, it is proposed that the DRCPS in both licence areas be permitted higher ERPs from the outset (both an ERP of 20 kW). However, due to their close proximity to other licence areas, DRMTs in Canberra RA1 and the Gold Coast RA1 will be subject to the specified nominal cap of 5 kW. As discussed previously, an increase in power levels could be considered once the allotment plans for their respective regions are completed.

The allotment of channels and the determination of technical specifications has, in the case of the four initial markets, been undertaken by the ACMA prior to the completion of wider area planning as envisaged in Principle 1 of the planning principles. The ACMA considers such planning as an essential interim measure to meet priority commitments set by the Committee. It is important to recognise that the frequency block allotments and technical specifications can be reviewed at a later stage once the indicative regional allotment plans for the relevant regions have been finalised and should circumstances require it.

Adoption of Geocentric Datum of Australia 1994 The coordinate reference system currently used by the ACMA to reference spatial data in DRCPs is the Australian Geodetic Datum 1966 (AGD66). AGD66 is a local datum optimised for the Australian region and was the primary datum used within Australia from the 1960s until 2000.

Since 2000, all spatial data published by the Commonwealth and state surveying and mapping agencies—excepting unrevised historic data—is being migrated to the Geocentric Datum of Australia 1994 (GDA94).13 Accordingly, as the ACMA moved to GDA94 as the method for recording the geographic coordinates for apparatus licences in 2015, each proposed DRCP variation amends the technical specifications to reflect GDA94 coordinates.

13 GDA94 is an Earth-centred datum compatible with satellite-based navigation systems and other major international geographic systems, such as the World Geodetic System 1984 (WGS84).

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Proposed Radiocommunications (Digital Radio Channels – Northern Territory) Plan 2017 The ACMA proposes to make the Radiocommunications (Digital Radio Channels – Northern Territory) Plan 2017 to allot and reserve frequency blocks, determine licence types to be issued, and determine the technical specifications for digital radio services in the Darwin RA1 licence area.

Darwin The ACMA proposes to: > allot the frequency block 9A for the Darwin RA1 foundation category 1 DRMT

licence> reserve the frequency block 9C for the Darwin RA1 category 3 DRMT licence.

The ACMA has authorised a trial by scientific apparatus licence of DAB+ in Darwin since 13 August 2010. Unlike the Canberra trial, the national broadcasters—ABC and SBS—are not participating in the Darwin trial.

The current trial is operating on frequency block 10B with an effective radiated power (ERP) of 3.55 kW.

The ACMA proposes to specify a higher ERP of 20 kW for the technical specifications of the foundation category 1 DRMT and category 3 DRMT licences for the Darwin RA1. The ACMA considers that Darwin’s relative isolation means that spectrum availability is not an issue. Therefore, it is not predicted that the proposed power level increase will have any impact on spectrum availability for other digital radio services in adjacent licence areas.

FM radio and UHF TV broadcasting services in Darwin are required to limit their radiation towards a nearby Department of Defence facility, approximately 6 km north of the broadcasting transmission site, which is located at 100 Deloraine Rd, Shoal Bay. The ACMA understands that the requirement for the restrictions originates from a lease condition between the Department of Defence and the site manager (Broadcast Australia). Therefore, in order to provide flexibility for the licensees to liaise with the Department of Defence to find the appropriate level of restriction, the ACMA proposes to specify an omni-directional radiation pattern. An advisory note will be included in the Northern Territory DRCP instrument on the technical specification in Darwin RA1, advising of the possibility that the licensee may need to liaise with the Department of Defence regarding the level of restriction that may be acceptable.

For consistency with the other metropolitan markets (Sydney, Brisbane, Adelaide and Perth) as well as Hobart, the ACMA has formed the preliminary view that the frequency blocks for Darwin RA1 be 9A for the category 1 DRMT licence and 9C for the national category 3 DRMT licence.

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Proposed variation to the Radiocommunications (Digital Radio Channels – NSW/ACT) Plan 2007 The ACMA proposes to vary the Radiocommunications (Digital Radio Channels – NSW/ACT) Plan 2007 by making the Radiocommunications (Digital Radio Channels – NSW/ACT) Plan Variation 2017 (No. 1), to:> make minor amendments to the technical specifications for the Sydney RA1

licence area relating to the main Sydney transmitters and the co-channel repeaters serving Penrith to better describe the nominal locations of DRMTs and remove duplicated information from the technical specifications

> insert a new DRCP in Schedule 2 to allot and reserve frequency blocks, determine licence types and determine the technical specifications for digital radio services in the Canberra RA1 licence area.

Canberra The ACMA proposes to: > allot the frequency block 8D for the Canberra RA1 foundation DRMT category 1

licence for the DRMT licensee> reserve the frequency block 9C for the Canberra RA1 DRMT category 3 licence for

the DRMT licensee.

The current Canberra trial operates on frequency block 10B with a maximum ERP of 3.1 kW omni-directional (OD).14

While the planning for Southern and Central NSW is not fully completed, sufficient technical studies have been undertaken to identify a suitable frequency block that can be allotted for the Canberra RA1 DRMT category 1 licence. A number of case studies were conducted, and based on the results, and following consultation with industry, the ACMA has formed the preliminary view that the frequency block 8D for the proposed Canberra RA1 DRMT category 1 licence is the most suitable.

If in future any more significant rollout of national multiplexes in regional areas is contemplated, the national broadcasters will need to operate a number of single frequency networks (SFNs), with each SFN utilising one of the two available frequency blocks of 9C or 8B. Having regard to this, the ACMA proposes that the planned Canberra RA1 category 3 DRMT licence be co-channelled with the Sydney RA1 category 3 DRMT licence on the frequency block 9C. This will leave the second national frequency block (8B) free to be used for category 3 DRMT licences in a SFN in regional licence areas adjacent to Sydney.

Due to its close proximity to other licence areas, the initial draft technical specifications for the Canberra RA1 propose a 5 kW maximum ERP, which is consistent with the nominal cap set by Planning Principle 2. As the frequency allotments for other licence areas in the Southern and Central NSW region have yet to be settled, the impact that

14 The Canberra trial operates outside the digital radio sub-band and occupies part of channel 10, which is the ‘sixth channel’ for Canberra television services.

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a higher ERP for Canberra RA1 would have on other licence areas is uncertain. Once the indicative regional allotment plan for the remainder of Southern and Central NSW has been finalised, it may be necessary to review the ERP for Canberra.

The draft variation to the NSW/ACT DRCP proposes to:> vary the technical specifications for the Sydney RA1 licence area relating to the

Sydney transmitters and the Penrith co-channel transmitters set out at Attachments 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 to Schedule 1 of the draft instrument

> insert a new Schedule 2 to include a new DRCP for the Canberra RA1 licence area that allots a frequency block, reserves a frequency block, determines a single category 1 DRMT licence is to be issued and determines the technical specifications for digital radio services for the Canberra RA1 licence area as set out at Attachments 2.1 and 2.2 of Schedule 2.

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Proposed variation to the Radiocommunications (Digital Radio Channels – Queensland) Plan 2007 The ACMA proposes to vary the Radiocommunications (Digital Radio Channels – Queensland) Plan 2007 by making the Radiocommunications (Digital Radio Channels – Queensland) Plan Variation 2017 (No. 1), to:> make amendments to the technical specifications for the Brisbane RA1 licence

area relating to the main Brisbane transmitters, to vary the permitted radiation pattern by reducing or removing some ERP restrictions

> make minor amendments to the technical specifications for the Brisbane RA1 licence area relating to the main Brisbane transmitters, to better describe the nominal locations of DRMTs and remove duplicated information from the technical specifications

> insert a new DRCP in Schedule 2 to allot and reserve frequency blocks, determine licence types and determine the technical specifications for digital radio services in the Gold Coast RA1 licence area.

BrisbaneThe ACMA proposes to: > vary the technical specifications for the three Brisbane DRMT licences to vary the

output radiation pattern to allow greater ERP levels and improve coverage within the Brisbane RA1 licence area.

The joint venture company holding the two Brisbane RA1 foundation category 1 DRMT licences has requested that the technical specifications for the Brisbane digital radio services be varied to remove restrictions that were originally put in place to protect digital TV services from interference. The relevant digital TV services have moved to alternative channels in the ensuing digital TV switchover and restack process that was completed in 2014. Consequently, the restrictions on the ERP are no longer necessary.

The current technical specifications also have restrictions on ERP that were intended to limit signal overspill into the Ipswich and remote licence areas. Because of the various limitations, the Brisbane RA1 services are only able to operate at a maximum ERP of 23 kW, well below the maximum ERP of 50 kW currently specified in the output radiation pattern of each Brisbane technical specification.

The proposed changes also involve relaxing the overspill limit towards Ipswich and removing the limit towards Eagle Heights/Tamborine in the remote licence area. The changes proposed are intended to balance the legitimate interests of licensees in the Brisbane licence area with those of licensees in adjacent licence areas. The changes proposed will allow the services to operate with a maximum ERP of 50 kW and are intended to improve coverage within the Brisbane licence area, while having minimal impact on the adjacent licence areas.

Detailed analysis of the potential for overspill by the ACMA has found that elevated locations such as Eagle Heights/Tamborine would already be likely to receive signals

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at a high enough level for adequate reception, while lower areas would, after the power increase, still receive signal levels below that considered adequate for indoor reception. This detailed analysis can be made available on request to BCP@acma.gov.au.

Gold CoastThe ACMA proposes to: > allot the frequency block 9D for use by the licensee of the Gold Coast RA1

foundation DRMT category 1 licence> reserve the frequency block 8B for the Gold Coast RA1 DRMT category 3 licence.

The Gold Coast has been identified by industry as a priority in the context of digital radio expansion into regional Australia. However, allotment planning for digital radio in the Southeast Queensland region is at an early stage, and the DRCP may need to be varied in the future to reflect changes required after the completion of indicative regional allotment plans.

The frequency block 8B is proposed for the national broadcasters category 3 DRMT licence on the Gold Coast because they have advised the ACMA that they intend to operate in the Gold Coast RA1 licence area with separate programming to Brisbane. The frequency block 9D is proposed for the category 1 DRMT licence. As the Gold Coast’s television is limited to UHF transmissions, the most efficient option is to use one of the blocks adjacent to the VHF television channels. In addition, as the licensee for the Gold Coast RA1 category 3 DRMT licence will be allocated 8B, the allocation of 9D will avoid having the two Gold Coast RA1 multiplexes on immediately adjacent blocks. The ACMA considers this could help to minimise deployment constraints for repeaters in the future.

The key issue that the ACMA has had regard to when developing the technical specifications for the Gold Coast RA1 DRMT licences, has been how to manage the potential for overspill into the following adjacent licence areas: Brisbane RA1, the Remote Commercial Radio Service North East Zone RA1 and Murwillumbah RA1 (in that part of the licence area that does not overlap with the Gold Coast RA1 licence area).

The ACMA has undertaken modelling of coverage, assuming a directional antenna (two faces of panels) located at the Mt Tamborine transmitter site, along with proposed co-channel transmitters at Brisbane South East (Darlington Range), Currumbin and Springbrook transmitter sites. Coverage modelling indicates that this arrangement will balance the interests of incumbent Gold Coast licensees with those of licensees in adjacent licence areas. The proposed arrangement is likely to provide adequate coverage for most of the Gold Coast RA1 licence area, without unreasonable overspill to adjacent licence areas. Additional co-channel transmitters may be required to target certain areas at a later date.

The draft variation to the Queensland DRCP proposes to:> vary the technical specifications for the Brisbane RA1 licence area relating to the

Brisbane DRMTs set out at Attachments 1.1, 1.2 and 1.3 to Schedule 1 > insert a new Schedule 2 to include a new DRCP for the Gold Coast RA1 licence

area that allots a frequency block for a category 1 DRMT licence.

Also, the new Schedule 2 reserves a frequency block for a category 3 DRMT licence. The proposed technical specifications for category 1 and category 3 DRMT licences for the Gold Coast RA1 licence area are set out at Attachments 2.1 and 2.2 of Schedule 2.

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Proposed variation to the Radiocommunications (Digital Radio Channels – Tasmania) Plan 2007 The ACMA proposes to vary the Radiocommunications (Digital Radio Channels – Tasmania) Plan 2007 by making the Radiocommunications (Digital Radio Channels – Tasmania) Plan Variation 2017 (No. 1), to:> amend the technical specifications for the Hobart RA1 licence area to increase the

maximum ERP specified in the output radiation patterns to 20 kW ERP omni-directional

> make minor amendments to the technical specifications for the Hobart RA1 licence area to better describe the nominal locations of DRMTs and remove duplicated information.

HobartAs noted previously, there is already a DRCP legislative instrument for Tasmania in place, specifying frequency blocks 9A and 9C for the category 1 DRMT and category 3 DRMT licences in Hobart. However, the maximum ERP specified in the technical specification for Hobart is 12.5 kW. The radiation pattern also specifies a restricted ERP of 3.13 kW to the north-west. This restriction was imposed in 2007 to protect digital TV at Lileah before the 2014 completion of digital TV switchover and restack. As there are no digital television services in Tasmania that are co-channelled with the Hobart digital radio frequency blocks, the ACMA proposes to remove the ERP restriction.

Analysis by the ACMA indicates that the use of frequency blocks 9A, 9B and 9C in Melbourne means it is unlikely that the frequency blocks 9A and 9C would be used in other parts of Tasmania outside of the Hobart RA1 licence area. Therefore, a maximum ERP exceeding the nominal cap of 5 kW, as set out in the planning principles, can be planned for the Hobart RA1 licence, without impacting on the future development of an indicative regional allotment plan for the other Tasmanian licence areas.

The ACMA’s modelling predicts that 20 kW ERP omni-directional would provide mobile coverage for digital radio to 211,419 people (90.69 per cent of the population) within the Hobart RA1 licence area, with negligible overspill into the Launceston RA1 licence area. Adding repeaters at Cygnet, Geeveston, Hobart NE Suburbs, Acton Road, Bicheno, Swansea, and Orford would increase coverage to 221,947 (95.21 per cent of the population) within the licence area.

The draft variation to the Tasmania DRCP proposes to vary the technical specifications for the Hobart RA1 category 1 and category 3 DRMT licences in Schedule 1 at Attachments 1.1 and 1.2.

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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:

The ManagerBroadcasting Carriage Policy SectionSpectrum Management Policy BranchAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

The closing date for submissions is COB, Monday 6 February 2017.

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

Enquiries> Consultation enquiries can be emailed to BCP@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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Appendix A—Digital radio regulatory regimeUnlike analog broadcasting, where each broadcaster has its own transmitter, in DAB+ digital, individual broadcasters aggregate or multiplex their content onto one or more multiplex transmitters, using digital compression technology.

Digital radio services are licensed, planned and operate under the provisions of the Broadcasting Services Act 1992 (BSA) and the Radiocommunications Act 1992 (the Act). Amongst other things, the legislation sets the statutory basis for spectrum planning for digital radio, the allocation of digital radio multiplex transmitter (DRMT) licences and the access regime for multiplex capacity.

Licence categoriesThere are three categories of DRMT licence:> category 1 for transmitting commercial (7/9th of gross multiplex capacity) and

community radio services (2/9th of gross multiplex capacity) > category 2 for transmitting commercial (5/9th of gross multiplex capacity),

community (2/9th of gross multiplex capacity), ABC national radio services (1/9th of gross multiplex capacity) and SBS national radio services (1/9th of gross multiplex capacity)

> category 3 for transmitting only national radio services.

The above categories provide flexibility in how national services may be delivered. Instead of, or in addition to, a stand-alone multiplex transmitter licensed to a national broadcaster joint venture company, the ACMA may issue a ‘category 2’ DRMT licence, in which 1/9th of the gross multiplex capacity is reserved for each national broadcaster. In either case, the ACMA must reserve a frequency block for a category 3 DRMT licence in each licence area.

Right to apply for a licence and right to access a multiplexCommercial radio broadcasting licensees, with a licence extant at the time the digital radio legislation came into effect in 2007, have the right to apply for shares in joint venture companies formed to hold one or more ‘foundation’ DRMT licences for a licence area. In addition, each incumbent commercial licensee has, through the access regime, a standard access entitlement to 1/9th of the gross capacity of a multiplex to provide commercial radio broadcasting services. Each commercial broadcaster also has the right to bid for any excess capacity on the multiplex, up to an additional 1/9th of capacity.

Designated community broadcasting licensees may jointly access 2/9th of gross multiplex capacity reserved for their exclusive use, with the allocation of this capacity decided by a community digital radio representative company. The community digital radio representative company may also choose to be a shareholder in the DRMT licensee joint venture company.

The BSA defines a designated digital community radio broadcasting licensee as a community radio broadcasting licence holder, which has the same licence area as a commercial radio broadcasting licence. The effect of this is that in the capital cities, sub-metropolitan or suburban community radio broadcasting licensees do not have

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access to digital radio due to the size of the area they serve, in comparison to the licence areas of commercial radio broadcasters.

In some cases, a community radio broadcasting licensee may be a designated community radio broadcasting licensee, if its licence area is deemed to be the same as the relevant commercial radio broadcasting licence area under section 8AD of the BSA or under a determination made by the ACMA. The ACMA has made the Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2007 .

Digital radio channel planningBefore issuing a DRMT licence, section 44A of the Act requires the ACMA to prepare a digital radio channel plan (DRCP) for the licence area, that:> allots frequency channels (‘frequency blocks’) for use by DRMT licensees, where

each allocated frequency channel has a bandwidth of at least 1.536 MHz15

> reserves a frequency block for a category 3 DRMT licence (national broadcasting)> specifies the number and category of DRMT licences to be issued for the licence

area> determines the technical specifications of multiplex transmitters> is consistent with the Spectrum Plan, any relevant frequency band plans, and any

relevant licence area plans prepared under section 26 of the BSA16

> as far as practicable, ensures that all the frequency channels allotted and reserved by a DRCP for a designated BSA radio area, are in the same frequency band and does not discriminate between DRMT licensees, in relation to the technical specifications of multiplex transmitters.

In preparing or varying a DRCP, the ACMA must have regard to the digital radio broadcasting services, that: > are, or will be, authorised by commercial radio broadcasting licences for the

designated BSA radio area> are, or will be, authorised by community radio broadcasting licences for the

designated BSA radio area> are, or will be, provided by national broadcasters in the designated BSA radio area.

When preparing or varying a DRCP, the ACMA must publish the draft DRCP or draft variation on the ACMA’s website, invite submissions for a specified consultation period of at least 30 days and consider any submissions received.

Issuing foundation DRMT licencesThe general rule for digital radio multiplex (DRMT) licences is that they are price-based allocated. Under this scenario, an infrastructure provider could hold the DRMT licence and eligible content providers (such as commercial radio broadcasting licensees) would need to obtain access entitlements from the DRMT licensee (for example, via an auction of those entitlements).

The issue of the initial or foundation DRMT licences in a licence area operates as an exception to the rule. The law provides that for a foundation DRMT licence:

15 DAB+ digital radio operates in the Band III VHF TV spectrum. One 7 MHz TV channel can accommodate 4 DAB+ frequency blocks.16 Subsection 44(2) of the Act. Spectrum Plan is the Australian Radiofrequency Spectrum Plan. The Spectrum Plan divides the Australian radiofrequency spectrum into a number of frequency bands and specifies the general purpose and use for each band.

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> The incumbent broadcast licensees are provided with a one-off opportunity to form a joint venture company and obtain a DMRT licence over the counter, rather than proceeding to auction.

> A foundation DRMT licence provides the incumbent commercial radio broadcasting licensees each with a standard access entitlement to capacity on the multiplex. It provides that designated community radio broadcasting licences have a collective right to a certain multiplex capacity, as nominated by a digital radio community representative company.

In addition, a foundation category 1 or 2 DRMT licence must commence on the digital start-up day for the designated BSA radio area concerned.17

The ACMA may declare (under section 98C of the Act) that a specified category 1 (DRMT) licence that is proposed to be issued is a foundation category 1 digital radio multiplex transmitter licence for the purposes of the Act, by reference to the technical specification that relates to the licence in the relevant DRCP.

The ACMA may declare (under section 98D of the Act) that a specified category 2 (DRMT) licence that is proposed to be issued is a foundation category 2 digital radio multiplex transmitter licence for the purposes of the Act, by reference to the technical specification that relates to the licence in the relevant DRCP.

Section 98E of the Act provides that in exercising its powers under subsection 98C(1) in respect of a particular designated BSA radio area, the ACMA must ensure that the access entitlements under the category 1 DRMT licence for the designated BSA radio area do not exceed the number of standard access entitlements18 that do, or may come into existence under subsection 118NQ(2) of the Act, rounded up to the nearest multiple of 7 (this is because under DAB+ technology the total number of standard access entitlements that can be accommodated on a category 1 DRMT is 7).

Service commencementCommercial and community digital radio services cannot commence in a licence area until the day the ACMA specifies (under section 8AC of the BSA) as the ‘digital radio start-up day’. Before declaring the digital radio start-up day the ACMA must be satisfied, in addition to completing planning and licensing, that an access undertaking under Division 4B of Part 3.3 of the Act is in force for the relevant DRMT licences that have been issued for the licence area.

It is a condition of a foundation category 1 or category 2 DRMT licence that the licensee must commence transmission of at least one service under the licence on the digital radio start-up date, and continue to provide a service from that date.

The digital radio start-up day does not affect national broadcasters. National broadcasting services may commence under a category 3 DRMT licence at any time after the ACMA issues the licence.

Detailed information about the planning process for the making of DRCPs is available on the ACMA website. Specific information pertaining to a particular licence area will be made available in the relevant DRCP consultation paper.

17 Paragraphs 109B(1)(i) and (j) of the Act. Pursuant to section 8AC of the BSA, the ACMA may, by writing, declare a specified day to be the digital radio start-up day for the licence area.18 Each incumbent commercial radio broadcasting licensee has one standard access entitlement, which provides a right to access to 1/9th of the gross capacity of a multiplex. With DAB+ technology, this allows for 128 kbps of data or two FM quality services; or a greater number of lesser audio quality services.

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