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Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2013 Explanatory paper – Part A: Central Zone JULY 2013
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Page 1: Explanatory Paper: Part A - Draft Variation to Licence .../media/Broadcast Carriage...  · Web viewDraft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio

Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio – No.1 of 2013Explanatory paper – Part A: Central ZoneJULY 2013

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CanberraPurple Building Benjamin OfficesChan Street Belconnen ACT

PO Box 78Belconnen ACT 2616

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

MelbourneLevel 44 Melbourne Central Tower360 Elizabeth Street Melbourne VIC

PO Box 13112Law Courts Melbourne VIC 8010

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

SydneyLevel 5 The Bay Centre65 Pirrama Road Pyrmont NSW

PO Box Q500Queen Victoria Building NSW 1230

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

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

Published by the Australian Communications and Media Authority

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Background 1

Preliminary Views – Central Zone 4Apollo Bay, Victoria. 4Beech Forest, Victoria. 6Birchip, Victoria. 8Bunnaloo, New South Wales. 10Hallett, South Australia. 12Kapunda, South Australia. 14Keith, South Australia. 19Kingscote, South Australia. 21Leigh Creek South, South Australia. 23Marysville, Victoria. 25Meringur, Victoria. 27Penong, South Australia. 29Powelltown, Victoria. 31Speed, Victoria. 33Urana, New South Wales. 35Wilmington, South Australia. 39Minor amendments 42

Submissions 43

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BackgroundThis explanatory paper accompanies the proposed Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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

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

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

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

The Licence Area Plan – Remote Central and Eastern Australia Radio (Remote LAP), determined in October 1996 and as subsequently varied, currently provides for one commercial radio broadcasting service in the Remote Commercial Radio Service Central Zone RA1 (Central Zone) and two commercial radio broadcasting services in the Remote Commercial Radio Service North East Zone RA1 (North East Zone) licence areas.

The Central Zone licence area covers western New South Wales, parts of Victoria and most of South Australia and the Northern Territory, from remote areas to the periphery of the major metropolitan population centre of Adelaide. W & L Phillips Pty Ltd (Flow FM) holds the commercial licence SL 010147 (8SAT) in this licence area. A map of the Central Zone licence area is shown at Map 1 on page 3.

Flow FM has requested that the ACMA consider varying the Remote LAP to either make FM frequencies available for additional transmitters, or that existing technical specifications for transmitters be amended, in the Central Zone licence area for 8SAT at Apollo Bay, Beech Forest, Birchip, Bunnaloo, Hallett, Kapunda, Keith, Kingscote, Leigh Creek South, Marysville, Meringur, Penong, Powelltown, Speed, Urana and Wilmington.

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

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The ACMA has considered the above proposals and formed the preliminary view that proposed new and amended operations will potentially promote the objects of the BSA, including the economic and efficient use of radiofrequency spectrum, by improving the coverage and reception of those services. The ACMA is seeking public comment on the proposed LAP variation.

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

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Map 1

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Preliminary Views – Central ZoneApollo Bay, Victoria.

The ACMA proposes to change the nominal location, maximum power level and antenna height of the commercial radio broadcasting service 8SAT at Apollo Bay, Victoria.

It is proposed that this service now operates from the site known as “Broadcast/Comms Monopole, Broadcast Australia Site Adj Water Basin, Roberts Rd, Marengo” with a maximum effective radiated power (ERP) of 250 watts (W) omni-directional (OD) and a maximum antenna height of 25 metres (m).

Apollo Bay is a coastal town in south-western Victoria. It is situated on the eastern side of Cape Otway, along the edge of the Barham River and on the Great Ocean Road, in the Colac Otway Shire. The town had a population of 1,094 at the 2011 Australian census.3

Map 2 below shows the location of Apollo Bay (circled red) in relation to the Central Zone licence area (shaded yellow). It should be noted this portion of the Central Zone licence area is not contiguous with the wider Central Zone licence area.

Map 2

3 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL215004?opendocument&navpos=220 (Retrieved 15/03/2013).

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The Remote LAP currently authorises the 8SAT Apollo Bay commercial radio broadcasting service to operate up to a maximum power level of 250 W with a directional (DA) radiation pattern, which limits the maximum power to 10 W in the 30° to 110° degrees sector. Flow FM has proposed that the transmitter providing its service be allowed to change its nominal location and increase its maximum power level to 250 W in all directions, to improve coverage to the Apollo Bay area.

Assessment of this proposal has found that operation from the proposed new nominal location, as well as increasing the maximum power to 250 W in all directions, will likely improve coverage and reception in the Apollo Bay area and will not cause interference to other broadcasting services. Due to the topography and the location of Apollo Bay within the Central Zone licence area there are no signal overspill issues outside the Central Zone licence area.

The ACMA therefore proposes to change the nominal location, maximum power level of the commercial radio broadcasting service 8SAT at Apollo Bay, Victoria. It is proposed that this service now operates from the site known as “Broadcast/Comms Monopole, Broadcast Australia Site Adj Water Basin, Roberts Rd, Marengo” with a maximum ERP of 250 W OD and a maximum antenna height of 25 m.

The updated 8SAT Apollo Bay technical specification is detailed at Attachment 1.2 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Beech Forest, Victoria.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Beech Forest, Victoria.

It is proposed that this service operates from the site known as “Broadcast/Comms Mast/Monopole, Shire of Colac Otway Site, Lavers Rd, Beech Forest” with a maximum ERP of 500 W DA and a maximum antenna height of 20 m, on FM frequency 90.9 MHz.

Beech Forest is a town in south-western Victoria. It is situated approximately 25 km north of Cape Otway and 15 km north-north-east of Apollo Bay. The wider Beech Forest area had a population of 479 at the 2011 Australian census.4

Map 3 below shows the location of Beech Forest (circled red) in relation to the Central Zone licence area (shaded yellow). It should be noted this portion of the Central Zone licence area is not contiguous with the wider Central Zone licence area.

Map 3

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Beech Forest, Victoria, to provide coverage to the communities of Beech Forest, Carlisle River, Gellibrand, Ferguson and Tanybryn. Flow FM has proposed that this service operate on FM frequency 94.3 MHz with a maximum power level of 500 W with a directional antenna pattern.

4 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_VIC185?opendocument&navpos=220 (Retrieved 15/03/2013).

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The proposed directional pattern and associated power levels proposed are:

Bearing or Sector (Clockwise direction)

Maximum ERP

0°T - 30°T 125 W30°T - 75°T 180 W

75°T - 135°T 250 W135°T - 225°T 500 W225°T - 285°T 250 W285°T - 330°T 180 W330°T - 360°T 125 W

Assessment of this proposal has found that the FM frequency 94.3 MHz is not available, but the alternative FM frequency of 90.9 MHz is available, and is suitable for use by an additional transmitter. It has also been found that the proposed directional pattern and its associated power levels (as described above) will provide an adequate grade of service to the communities of Beech Forest, Gellibrand and Ferguson. However, due to the local topography, it is not possible to serve Carlisle River and Tanybryn from a transmitter at Beech Forest.

The ACMA considers it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 26 June 2009, the ACMA agreed that the frequency 90.9 MHz would be made available temporarily for the provision of the 8SAT service at Beech Forest until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA therefore proposes to make long-term channel capacity available for the commercial radio broadcasting service 8SAT at Beech Forest, Victoria. It is proposed that this service operate from the site known as “Broadcast/Comms Mast/Monopole, Shire of Colac Otway Site, Lavers Rd, Beech Forest” with a maximum ERP of 500 W DA and a maximum antenna height of 20 m, on FM frequency 90.9 MHz.

The new 8SAT Beech Forest technical specification is detailed at Attachment 1.3 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Birchip, Victoria.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Birchip, Victoria.

It is proposed that this service operates from the site known as “Bcast/Comms Mast, Optus Site Adj Football Ground, Inkerman Street, Watchem” with a maximum ERP of 5 kW DA and a maximum antenna height of 30 m, on FM frequency 97.7 MHz.

Birchip is a town in the Mallee region of Victoria, Australia on the Sunraysia Highway 43 km north of Donald. The town had a population of 662 at the 2011 Australian census.5

Map 4 below shows the location of Birchip (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 4

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Birchip, Victoria, to provide coverage to the communities of Birchip, Donald, Corack East and Watchem. Flow FM has proposed that this service operate on FM frequency 104.9 MHz with a maximum power level of 10 kW with an omni-directional antenna pattern.

5 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL221007?opendocument&navpos=220 (Retrieved 15/03/2013).

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Assessment of this proposal has found that the FM frequency 104.9 MHz is not available, but the alternative FM frequency of 97.7 MHz is available, and is suitable for use by an additional transmitter.

Assessment also indicates that a 10 kW omni-directional service would result in significant signal overspill outside the Central Zone licence area. Therefore, the ACMA proposes a directional pattern with maximum power of 5 kW for the Birchip service. The proposed directional pattern and associated power levels proposed are:

Bearing or Sector (Clockwise direction)

Maximum ERP

0°T - 60°T 5 kW60°T - 100°T 3.2 kW

100°T - 230°T 5 kW230°T - 255°T 2.5 kW255°T - 360°T 5 kW

The ACMA considers that the proposed directional pattern and its associated power levels (as described above) will provide an adequate grade of service only to the proposed coverage area without overspilling into any urban centre outside the Central Zone licence area.

The ACMA also considers that it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 26 June 2009, the ACMA agreed that the frequency 97.7 MHz would be made available temporarily for the provision of the 8SAT service at Birchip until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Birchip, Victoria. It is proposed that this service operate from the site known as “Bcast/Comms Mast, Optus Site Adj Football Ground, Inkerman Street, Watchem” with a maximum ERP of 5 kW DA and a maximum antenna height of 30 m, on FM frequency 97.7 MHz.

The new 8SAT Birchip technical specification is detailed at Attachment 1.4 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Bunnaloo, New South Wales.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Bunnaloo, New South Wales.

It is proposed that this service operates from the site known as “Radio 8SAT Mast, Flow Fm Site off Tantonan Rd, Bunnaloo” with a maximum ERP of 3 kW OD and a maximum antenna height of 30 m, on FM frequency 93.9 MHz.

Bunnaloo is a village community in the central southern part of the Riverina and situated about 37 km west from Mathoura and 45 km south west of Deniliquin. The village had a population of 126 at the 2006 Australian census.6 A specific population count for Bunnaloo against the 2011 Australian census is not available at this time.

Map 5 below shows the location of Bunnaloo (circled red) in relation to the Central Zone (shaded yellow).

Map 5

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Bunnaloo, New South Wales, to provide coverage to the communities of Bunnaloo, Boota, Caldwell, Deni and Tantonan. Flow FM has proposed that this service operate on FM frequency 101.9 MHz with a maximum power level of 3 kW OD.

6 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_NSW701?opendocument&navpos=220 (Retrieved 15/03/2013).

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Assessment of this proposal has found that the FM frequency 101.9 MHz is not available, but the alternative FM frequency of 93.9 MHz is available, and is suitable for use by an additional transmitter for the 8SAT service. It has also been found that the proposed maximum power levels of 3 kW will provide an adequate grade of service to the proposed coverage area and will not result in any signal overspill into an urban centre outside the Central Zone licence area.

The ACMA considers it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 10 October 2012, the ACMA agreed that the frequency 93.9 MHz would be made available temporarily for the provision of the 8SAT service at Bunnaloo until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Bunnaloo, NSW. It is proposed that this service operate from the site known as “Radio 8SAT Mast, Flow Fm Site off Tantonan Rd, Bunnaloo” with a maximum ERP of 3 kW OD and a maximum antenna height of 30 m, on FM frequency 93.9 MHz.

The new 8SAT Bunnaloo technical specification is detailed at Attachment 1.6 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Hallett, South Australia.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Hallett, South Australia.

It is proposed that this service operate from the site known as “CBRS Repeater Site, 29 km N of Burra, Mt Bryan”, with a maximum ERP of 500 W DA and a maximum antenna height of 25 m, on FM frequency 107.5 MHz.

Hallett is a small town in the Mid North region of South Australia, situated on the Barrier Highway 32 km north of Burra and 38 km south-east of Jamestown. The town had a population of 235 at the 2011 Australian census.7

Map 6 below shows the location of Hallett (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 6

7 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/SSC40268?opendocument&navpos=220 (Retrieved 15/03/2013).

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In September 2006, Flow FM proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Hallett, South Australia and that the service operate from the site known as “CBRS Repeater Site, 29 km N of Burra, Mt Bryan” with a maximum ERP of 500 W DA and a maximum antenna height of 25 m, on FM frequency 107.5 MHz.

Assessment of this proposal found that the FM frequency 107.5 MHz was available and suitable for use as an additional transmitter. It was also found that the proposed directional pattern and its associated power would provide an adequate grade of service to the proposed coverage area.

On 16 March 2007, the ACMA agreed that the frequency 107.5 MHz would be made available temporarily for the provision of the 8SAT service at Hallett until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Hallett, South Australia. It is proposed that this service operate from the site known as “CBRS Repeater Site, 29 km N of Burra, Mt Bryan” with a maximum ERP of 500 W DA and a maximum antenna height of 25 m, on FM frequency 107.5 MHz.

The new 8SAT Hallett technical specification is detailed at Attachment 1.11 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Kapunda, South Australia.

The ACMA proposes to change the maximum power level of the commercial radio broadcasting service 8SAT at Kapunda, South Australia.

It is proposed that this service operate from the site known as “Power Comm Site, 6 km NNW of Dutton, Mt Rufus” with a maximum effective radiated power (ERP) of 4 kW DA, on FM frequency 99.5 MHz.

Kapunda is a town on the Light River and near the Barossa Valley in South Australia 70 km north-north-east of Adelaide. The town had a population of 2,484 at the 2011 Australian census.8

Map 7 below shows the location of Kapunda (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 7

8 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL415016?opendocument&navpos=220 (Retrieved 15/03/2013).

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The Remote LAP currently authorises the 8SAT Kapunda commercial radio broadcasting service to operate from the site known as “Power Comm Site, 6 km NNW of Dutton, Mt Rufus” with a maximum power of 1 kW DA (limited to 500 W in 100°T - 130°T and 230°T - 260°T sectors and 250 W in the 130°T - 230°T sector) on FM frequency 99.5 MHz.

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Kapunda West, South Australia to provide coverage to the communities of Bethel, Eudunda, Hamilton and Marrabel.

Assessment of this proposal has found that the communities of Bethel, Eudunda, Hamilton and Marrabel already ready receive partial coverage from the existing 8SAT Kapunda service. If an additional transmitter were to be made available at Kapunda West, it would not be spectrum efficient as it would result in duplicate coverage in the majority of the intended coverage area. The existing 8SAT Kapunda coverage is shown at Map 8.

Map 8

The ACMA advised Flow FM that, due to spectrum efficiency concerns, its proposal was not acceptable, but that amendment to the existing 8SAT Kapunda service by increasing power in some directions, or by use of low-powered transmitters may provide a solution. The ACMA also advised that any proposal would need to limit signal overspill into the adjacent Adelaide RA1 licence area.

Flow FM subsequently proposed that its 8SAT Kapunda service be allowed increase its maximum power level to 4 kW but that it be limited to 2 kW in the 60°T - 150°T and 210°T - 300°T sectors and 1 kW in the 150°T - 210°T sector (towards Adelaide).

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Assessment of this proposal has found that the proposed radiation pattern and power level would result in unacceptable and excessive overspill into the community of Nuriootpa in the Adelaide RA1 licence area. This overspill is shown at Map 9.

Map 9

If however the proposed maximum power level (4 kW) was maintained but restricted to 500 W in the 130°T - 260°T sector, that excessive overspill could be minimised while maximising coverage and reception in the Central Zone licence area. This coverage is shown at Map 10.

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Map 10

Table 1 compares the population covered (to a rural grade of service) by the existing Kapunda service, 8SAT’s proposed 4 kW operations and the ACMA’s proposed alternative.

Table 1

Licence Area Existing LAP coverage population

8SAT proposal coverage population

% increase of 8SAT on existing

ACMA proposal coverage population

% increase of ACMA on existing

Central Zone 2685 4863 181 4500 168Adelaide 680 9000 1324 2452 361

Riverland 315 746 237 530 168

Spencer Gulf North

18 92 511 153 850

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The ACMA notes that, while under its proposed solution to coverage in the Kapunda area 8SAT’s signal levels will increase, this increase does not include any urban centres that did not already receive a signal from 8SAT.

In deciding whether to permit the proposed technical specifications for 8SAT, the ACMA seeks to strike a balance between the ability of listeners within a licence area to receive their local services at the planned grade of service, and avoiding unwarranted signal overspill into adjacent licence areas.

The ACMA’s general approach is to permit minimal signal overspill as to ensure coverage of significant population centres at the required grade of service within a licence area, except where that overspill would be excessive.

In this instance, taking into account the actual increase in coverage in adjacent licence areas, the ACMA believes that the level of signal overspill received in adjacent licence areas is a necessary result of the provision of the 8SAT service within the Central Zone licence area. Not to increase 8SAT’s power level may result in a significant percentage of the population of the Central Zone licence area receiving a deficient service.

The ACMA therefore proposes that 8SAT Kapunda now operate from the site known as “Power Comm Site, 6 km NNW of Dutton, Mt Rufus” with a maximum effective radiated power (ERP) of 4 kW DA, on FM frequency 99.5 MHz.

The updated 8SAT Kapunda technical specification is detailed at Attachment 1.14 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Keith, South Australia.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Keith, South Australia.

It is proposed that this service operate from the site known as “Radio 8SAT Mast, Keith Golf Club Site off Emu Flat Rd, Keith” with a maximum ERP of 250 W and a maximum antenna height of 25 m, of FM frequency 99.1 MHz.

Keith is a small farming town in the south-east of South Australia. It is approximately 225 km south-east of Adelaide at the junction of the Dukes Highway and the Riddoch Highway. The town had a population of 1,069 at the 2011 Australian census.9

Map 11 below shows the location of Keith (circled red) in relation to the Central Zone (shaded yellow).

Map 11

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Keith, South Australia, to provide coverage to the community of Keith. Flow FM has proposed that this service operate on FM frequency 99.3 MHz with a maximum power level of 250 W OD.

Assessment of this proposal has found that the FM frequency 99.3 MHz is not available, but that the alternative FM frequency of 99.1 MHz is available, and is suitable for use by an additional transmitter for the 8SAT service. It has also been found that the proposed maximum power level of 250 W will provide an adequate

9 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL421018?opendocument&navpos=220 (Retrieved 15/03/2013).

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grade of service to the proposed coverage area and will not result in any signal overspill into an urban centre outside the Central Zone licence area.

The ACMA also considers that it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 9 May 2012, the ACMA agreed that the frequency 99.1 MHz would be made available temporarily for the provision of the 8SAT service at Keith until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Keith, South Australia. It is proposed that this service operates from the site known as “Radio 8SAT Mast, Keith Golf Club Site off Emu Flat Rd, Keith” with a maximum ERP of 250 W and a maximum antenna height of 25 m, on FM frequency 99.1 MHz.

The new 8SAT Keith technical specification is detailed at Attachment 1.16 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Kingscote, South Australia.

The ACMA proposes to change the polarisation of the commercial radio broadcasting service 8SAT at Kingscote, South Australia from vertical to mixed.

Kingscote is the largest town on Kangaroo Island, an island off the south coast of South Australia. The town had a population of 1,763 at the 2011 Australian census.10

Map 12 below shows the location of Kingscote (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 12

The Remote LAP currently authorises the 8SAT Kingscote commercial radio broadcasting service to operate from the site known as “CSF Site, Old Bullock Track, Kingscote” with a maximum power of 3 kW DA, vertical polarisation and a maximum antenna height of 35 m, on FM frequency 95.5 MHz. Flow FM has proposed that its service be allowed to adopt mixed polarisation to improve coverage to the Kingscote area.

Assessment of this proposal has found that the adoption of mixed polarisation will likely improve coverage and reception in the Kingscote area and will not cause interference to other broadcasting services.

10 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL415017?opendocument&navpos=220 (Retrieved 15/03/2013).

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The use of mixed polarisation is generally preferred for FM services as this provides for optimum reception by fixed, portable and mobile receivers. Operating vertical-only polarisation potentially results in a radio service not providing adequate reception to fixed receivers.

The ACMA therefore proposes to change the polarisation of the commercial radio broadcasting service 8SAT at Kingscote, SA from vertical to mixed.

The updated 8SAT Kingscote technical specification is detailed at Attachment 1.17 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Leigh Creek South, South Australia.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Leigh Creek South, South Australia.

It is proposed that this service operate from the site known as “Broadcast Planning Nominal Site 140684, Copley Caravan Park, Balcanoona Rd, Copley” with a maximum ERP of 200 W OD and a maximum antenna height of 60 m, on FM frequency 103.3 MHz.

Leigh Creek South is a coal-mining town in the north of South Australia to the west of the northern Flinders Ranges, 475 km north of Adelaide. The town had a population of 505 at the 2011 Australian census.11

Map 13 below shows the location of Leigh Creek South (circled red) in relation to the Central Zone (shaded yellow).

Map 13

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Leigh Creek South, South Australia to provide coverage to the community of Leigh Creek South. Flow FM has proposed that this service operate on FM frequency 101.3 MHz with a maximum power level of 200 W OD.

11 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL421021?opendocument&navpos=220 (Retrieved 15/03/2013).

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Assessment of this proposal has found that, although the proposed site, maximum power level and antenna height are suitable, the use of 101.3 MHz would cause co-channel interference to 6JJJ at Leigh Creek Coalfield, which operates on the same frequency. If the alternate frequency 103.3 MHz were to be used, no interference would be caused or received.

The ACMA also considers it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 26 June 2009, the ACMA agreed that the frequency 103.3 MHz would be made available temporarily for the provision of the 8SAT service at Leigh Creek South until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Leigh Creek South, South Australia. It is proposed that this service operate from the site known as “Broadcast Planning Nominal Site 140684, Copley Caravan Park, Balcanoona Rd, Copley” with a maximum ERP of 200 W OD and a maximum antenna height of 60 m of FM frequency 103.3 MHz.

The new 8SAT Leigh Creek South technical specification is detailed at Attachment 1.20 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Marysville, Victoria.

The ACMA proposes to change the technical specification of the planned 8SAT commercial radio broadcasting service at Lake Mountain, Victoria so that it is now made available for operation at Marysville, Victoria.

It is proposed that this service operate from the site known as “Kerami Garends Resort, 22 Wood Point Rd, Marysville” with a maximum ERP of 250 W OD and a maximum antenna height of 15 m, on FM frequency 89.3 MHz.

Marysville is a small town, 34 km north-east of Healesville and 12 km west of Lake Mountain, in the Shire of Murrindindi in Victoria. The town had a population of 223 at the 2011 Australian census.12

Map 14 below shows the location of Marysville (circled red) in relation to the Central Zone (shaded yellow).

Map 14

12 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL222060?opendocument&navpos=220 (Retrieved 15/03/2013).

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The Remote LAP currently authorises the 8SAT Lake Mountain commercial radio broadcasting service to operate from Lake Mountain Road, Lake Mountain, Victoria, with a maximum power of 500 W DA (limited to 250 W in 230°T - 250° T sector) on FM frequency 89.3 MHz.

Beginning in 2002 and concluding in 2006, the Australian Government allocated $5 million to the Commercial Radio Blackspot Program (CRBP). This program provided funding for improvements to commercial radio services in 142 identified ‘blackspot’ areas of poor reception.

Proposals for funding were subject to confirmation by the Australian Broadcasting Authority (ABA) that a suitable frequency was available for the proposed service and that the proposal was consistent with the ABA’s licence area planning requirements.

Under the CRBP, Flow FM received funding for the establishment of its 8SAT service at Marysville to replace the existing LAP planned specification for Lake Mountain. At Marysville, the ABA confirmed that the existing Lake Mountain frequency (89.3 MHz) was available and if operated at 250 W, would not present any interference issues and that the frequency could be made available temporarily until the Remote LAP could be varied.

This approach was adopted to expedite the commencement of the 8SAT service in Marysville and is the ACMA’s standard practice where the planning is not contentious and variation to the relevant LAP has not been proposed.

As the ACMA is now considering other commercial radio broadcasting issues for the Remote LAP, it believes it now appropriate that the Lake Mountain specification be updated to reflect that the frequency is now planned for use at Marysville.

The new 8SAT Marysville technical specification is detailed at Attachment 1.23 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Meringur, Victoria.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Meringur, Victoria.

It is proposed that this service operate from the site known as “Radio 8SAT Mast, Flow FM Site, Yarrara South Rd, Yarrara” with a maximum ERP of 5 kW OD and a maximum antenna height of 30 m, on FM frequency 96.9 MHz.

Meringur is a farming settlement to the west of Mildura in north-western Victoria. It is located at the end of the Red Cliffs-Meringur Road towards the South Australian border. The town had a population of 128 at the 2011 Australian census.13

Map 15 below shows the location of Meringur (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 15

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Meringur, Victoria, to provide coverage to the communities of Cullulleraine, Meringur, Morkalla and Rufus River. Flow FM has proposed that this service operate on FM frequency 96.9 MHz with a maximum power level of 5 k W with an omni-directional antenna pattern.

13 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_VIC1651?opendocument&navpos=220 (Retrieved 15/03/2013).

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Assessment of this proposal has found that the FM frequency 96.9 MHz is available, and is suitable for use as an additional transmitter. It has been found that at the proposed power level of 5 kW an adequate grade of service will be provided only to the communities of Cullulleraine, Meringur and Morkalla. Due to distance and topography it is not possible to serve Rufus River from a transmitter at Meringur in a spectrum efficient manner.

The ACMA also considers it is not possible to provide coverage to this part of the Central Zone licence area from an existing 8SAT transmitter.

On 10 October 2012, the ACMA agreed that the frequency 96.9 MHz would be made available temporarily for the provision of the 8SAT service at Meringur until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Meringur, Victoria. It is proposed that this service operates from the site known as “Radio 8SAT Mast, Flow FM Site, Yarrara South Rd, Yarrara” with a maximum ERP of 5 kW OD and a maximum antenna height of 30 m, on FM frequency 96.9 MHz.

The new 8SAT Meringur technical specification is detailed at Attachment 1.24 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Penong, South Australia.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Penong, South Australia.

It is proposed that this service operate from the site known as “Broadcast Site, 8 km west of Penong” with a maximum ERP of 250 W OD and a maximum antenna height of 20 m, on FM frequency 101.5 MHz.

Penong is a small South Australian town on the Nullarbor Plain 73 km west of Ceduna and 543 km west of Port Augusta. The town had a population of 343 at the 2011 Australian census.14

Map 16 below shows the location of Penong in relation to the Central Zone (shaded yellow).

Map 16

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Penong, South Australia. Flow FM has proposed that this service operate on FM frequency 101.5 MHz with a maximum power level of 250 W with an omni-directional antenna pattern. Assessment of this proposal has found that the proposed site, maximum power level, antenna height and frequency are suitable, and that it is not possible to provide coverage to this part of the Central Zone licence area from an already existing 8SAT transmitter. The ACMA considers that the proposal will provide Penong with the required grade of service.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Penong, South Australia. It is proposed that this

14 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_SA1079?opendocument&navpos=220 (Retrieved 15/03/2013).

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service operates from the site known as “Broadcast Site, 8 km west of Penong” with a maximum ERP of 250 W OD and a maximum antenna height of 20 m, on FM frequency 101.5 MHz.

The new 8SAT Penong technical specification is detailed at Attachment 1.30 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Powelltown, Victoria.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Powelltown, Victoria.

It is proposed that this service operates from the site known as “Broadcast Site, Mount Bride Rd, Powelltown” with a maximum ERP of 100 W DA and a maximum antenna height of 15 m, on FM frequency 89.5 MHz.

Powelltown is a town in Victoria 70 km east of Melbourne's central business district. Its local government area is the Shire of Yarra Ranges. The town had a population of 200 at the 2011 Australian census.15

Map 17 below shows the location of Powelltown (circled red) in relation to the Central Zone licence area (shaded yellow). It should be noted this portion of the Central Zone licence area is not contiguous with the wider Central Zone licence area and borders the heavily populated Melbourne RA1 licence area.

Map 17

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Powelltown, Victoria, to provide coverage to the communities of Hoodles Creek, Powelltown, Three Bridges and Yellingbo. Flow FM has proposed that this service operate on FM frequency 89.5 MHz with a maximum power level of 100 W with a DA pattern.

15 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_VIC2111?opendocument&navpos=220 (Retrieved 15/03/2013).

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The proposed directional pattern and associated power levels proposed are:

Bearing or Sector (Clockwise direction)

Maximum ERP

0°T - 90°T 50 W90°T - 180°T 100 W

180°T - 270°T 50 W270°T - 360°T 25 W

In considering Flow FM’s current application (89.5 MHz at 100 W DA), the ACMA considers that the proposed site, maximum power level, antenna height and frequency are available, but even at the reduced power level there will still be some signal overspill outside the Central Zone licence area, and that some parts of this portion of the Central Zone licence area will not receive an adequate signal.

Table 2 highlights the population covered (to a rural grade of service) by the proposed 8SAT Powelltown service in the Central Zone and in adjacent markets.

Table 2

Licence Area licence area population covered

Total licence area population

% of total licence area population covered

Central Zone 1643 142294 1.15Melbourne RA1 4435 3623568 0.12

Warragul RA1 2540 199788 1.27

In deciding whether to permit the proposed technical specifications for 8SAT, the ACMA seeks to strike a balance between the ability of listeners within a licence area to receive their local services at the planned grade of service, and the need to avoid unwarranted signal overspill into adjacent licence areas.

The ACMA’s general approach is to permit minimal signal overspill as to ensure coverage of significant population centres at the required grade of service within a licence area, except where that overspill would be excessive.

In this instance, taking into account the actual increase in coverage in adjacent licence areas, the ACMA believes that the level of signal overspill received in adjacent licence areas is an acceptable consequence of the provision of the 8SAT service within the Central Zone licence area. Not to allow 8SAT to establish its service may result in a significant percentage of the population of the Central Zone licence area not receiving a service at the expense of avoiding an increase in the signal level into the adjacent markets.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Powelltown, Victoria. It is proposed that this service operate from the site known as “Broadcast Site, Mount Bride Rd, Powelltown” with a maximum ERP of 100 W DA and a maximum antenna height of 15 m, on FM frequency 89.5 MHz.

The updated 8SAT Powelltown technical specification is detailed at Attachment 1.32 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Speed, Victoria.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Speed, Victoria.

It is proposed that this service operates from the site known as “Radio 8SAT Mast, Flow FM Site, Desert Rd, Turriff” with a maximum ERP of 5 kW and a maximum antenna height of 30 m on FM frequency 95.3 MHz.

Speed is a locality in Victoria located approximately 143 km from Mildura and about 410 km from Melbourne. The locality and surrounding areas had a population of 431 at the 2011 Australian census.16

Map 18 below shows the location of Speed in relation to the Central Zone (shaded yellow).

Map 18

Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Speed, Victoria, to provide coverage to the communities of Speed, Hopetoun, Patchewollock, Lascelles, Woomelang, Turriff and Tempy. It should be noted that the community of Hopetoun, Victoria (population 555) is contained in the Swan Hill RA1 licence area, but entirely surrounded by the Central Zone licence area.

Flow FM has proposed that this service operate on FM frequency 95.3 MHz with a maximum power level of 5 kW with an OD antenna pattern.

16 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/GL_VIC2322?opendocument&navpos=220 (Retrieved 15/03/2013).

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Assessment has found that the proposed frequency is free from interference and the maximum power level and associated coverage is acceptable. However, at 5 kW, Woomelang would be outside the coverage of the transmitter.

It should be noted that the proposed service will provide a better than rural grade of service to Hopetoun and after considering alternate power level options to mitigate that overspill, the ACMA considers that in this case, particularly noting the configuration of licence area boundaries, the level of overspill is unavoidable in providing a service to the intended coverage area, and that an antenna pattern other than an omni-directional pattern will adversely affect coverage in the Central Zone licence area.

Map 19 below shows the location of Hopetoun (circled blue) in relation to Speed (circled red) and the Central Zone licence area (shaded yellow).

Map 19

After considering the above, on 10 October 2012, the ACMA agreed that the frequency 95.3 MHz would be made available temporarily for the provision of the 8SAT service at Speed until the Remote LAP could be varied, and subsequently issued a transmitter licence under section 100 of the Radiocommunications Act 1992. This approach was adopted to expedite the commencement of the service.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Speed, Victoria. It is proposed that this service operate from the site known as “Radio 8SAT Mast, Flow FM Site, Desert Rd, Turriff” with a maximum ERP of 5 kW and a maximum antenna height of 30 m, on FM frequency 95.3 MHz.

The new 8SAT Speed technical specification is detailed at Attachment 1.34 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Urana, New South Wales.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Urana, New South Wales.

It is proposed that this service operate from the site known as “Broadcast/Comms Mast, Council Site, Cullivel Rd, 13 km NE of Urana” with a maximum ERP of 5 kW DA and a maximum antenna height of 40 m, on FM frequency 88.7 MHz.

Urana is a small town in the Riverina region of New South Wales and is located between Lockhart and Jerilderie, about 561 km southwest of the Sydney. Urana is the major town and headquarters of Urana Shire. The shire also includes the localities of Boree Creek, Morundah, Oaklands and Rand.

The town had a population of 300 at the 2011 Australian census.17

Map 20 below shows the location of Urana in relation to the Central Zone (shaded yellow).

Map 20

17 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL122156?opendocument&navpos=220 (Retrieved 15/03/2013).

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Flow FM has proposed that FM spectrum be made available for the establishment of its 8SAT commercial radio broadcasting service at Urana, New South Wales, to provide coverage to the communities and rural areas surrounding Urana, Oakland and Rand. It should be noted that Urana is located in an overlap between the Central Zone licence area and the Griffith RA1 licence area, and that Oaklands and Rand, while outside the Central Zone licence area, are not contained in any commercial radio licence area.

Map 21 below shows the location of Urana (circled red), Oaklands (circled blue) and Rand (circled black) in relation to the Central Zone (shaded yellow), Albury RA1 (shaded red), Griffith RA1 (cross-hatched) and Wagga Wagga RA1 (shaded green) licence areas.

Map 21

Flow FM has proposed that it be allowed to establish the 8SAT commercial radio broadcasting service at Urana on FM frequency 107.5 MHz with a maximum power level of 4 kW and an OD antenna pattern, from a nominal location at Cullivel Road, Urana, to provide coverage to the communities of Urana, Oaklands and Rand.

Flow FM further revised the proposed frequency from 107.5 MHz to 106.9 MHz based on an earlier assessment by the ACMA that 107.5 MHz was not available.

Assessment of the proposal, including community interest evidence provided by Flow FM, has found that that there are community ties between the communities of Urana, Oakland and Rand and each of the Central Zone and adjacent Albury RA1, Griffith RA1 and Wagga Wagga RA1 licence areas. Further, the ACMA considers that, subject to spectrum availability and a desire from each of the incumbent broadcasters to serve (which Flow FM has already expressed) the area, should be wholly contained in the Central Zone with Oaklands also in Griffith and Rand in Albury and Wagga Wagga.

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Technical assessment of the proposed 8SAT operation has found:

1/ operation from Flow FM’s proposed transmission site (Cullivel Rd) at 4 kW would not provide a rural grade of service to Oaklands or Rand; and

2/ there is potential for mutual interference to 2AAA Wagga Wagga (107.1 MHz, 500 W) within its licence area (Wagga Wagga RA3 licence area). (This assessment is based on an assumption that 2AAA would wish to increase its ERP to provide better coverage of its licence area); and

3/ a maximum ERP of 30 kW would be required to provide coverage to Oaklands and Rand from the proposed nominal location. This is subject to spectrum availability i.e. frequencies being available to operate at this power level. Due to likely cost the ACMA considers this power level to be excessive and neither practical to implement nor an economic use of spectrum, i.e. high power usage in a rural environment.

After considering the above, the ACMA has investigated alternate nominal locations to determine whether operation further south (closer to Urana) could provide coverage to Urana, Oakland and Rand but using a lower power level. The ACMA considers that if the 8SAT service is operated from the Water Tower in the Urana Township with a maximum ERP of 4 kW (OD) with an antenna height of 45m, then adequate coverage could be achieved in Urana and Oakland but, due to distance from the transmitter, not Rand.

On 20 December 2012, Flow FM further revised its Urana proposal to propose that the 8SAT service operate on FM frequency 88.7 MHz with a maximum power level of 5 kW but with a DA antenna pattern. The proposed directional pattern and associated power levels proposed are:

Bearing or Sector (Clockwise direction)

Maximum ERP

0°T - 30°T 3.5 kW30°T - 90°T 5 kW

90°T - 210°T 3.5 kW210°T - 270°T 2.5 kW270°T - 360°T 3.5 kW

Assessment has found that the proposed frequency is free from interference and the maximum power level and associated coverage is acceptable. The ACMA considers that, based on the community interest evidence by provided by Flow FM, there are genuine ties between Urana, Oakland and Rand, and that if the Central Zone licence area were extended to include Oaklands and Rand, diversity would be promoted and the amount of services available to listeners in those communities would be increased.

The ACMA also considers that Oakland and Rand have community ties with each other, and with both the Griffith RA1 and Wagga RA1 licence areas and if the licensees of those licence areas propose it, the ACMA is willing to include Oaklands and Rand in those licence areas as well.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Urana, New South Wales. It is proposed that this service operate from the site known as “Broadcast/Comms Mast, Council Site, Cullivel Rd, 13 km NE of Urana” with a maximum ERP of 5 kW DA and a maximum antenna height of 40 m, on FM frequency 88.7 MHz.

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Map 22 below shows the area (cross-hatched) to be included in the Central Zone licence area (shaded yellow).

Map 22

The new 8SAT Urana technical specification is detailed at Attachment 1.37 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

The extended Central Zone licence area is detailed at Attachment 1.1 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Wilmington, South Australia.

The ACMA proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Wilmington, South Australia.

It is proposed that this service operate from the site known as “SAPD GRN Telstra Site, 38 km E of Quorn, 1.52 km NE of Stoke Hill”, with a maximum ERP of 250 W DA and a maximum antenna height of 25 m, on FMN frequency 101.3 MHz.

Wilmington is a town in the southern Flinders Ranges region of South Australia. The town is located in the District Council of Mount Remarkable, 305 kilometres north of Adelaide. The town had a population of 493 at the 2011 Australian census.18

Map 23 below shows the location of Wilmington (circled red) in relation to the Central Zone licence area (shaded yellow).

Map 23

On 19 April 2012, Flow FM proposed that, because of prohibitive site costs, the ACMA consider allowing the 8SAT service provided from Stokes Hill to implement a 1 kW omni-directional service, to provide coverage to Wilmington and Carrieton, South Australia.

18 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL422057?opendocument&navpos=220 (Retrieved 15/03/2013).

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The ACMA’s assessment has found that this proposal would result in significant overspill into the community of Quorn which is located in the Spencer Gulf North RA1 licence area. Quorn had a population of 1,206 at the 2011 Australian census.19

In considering requests that would result in significant overspill, the ACMA takes account of whether the population that would be covered fortuitously with a usable radio signal is wholly disproportionate to the population that is being served within the licence area. In this situation, there may be a commercial incentive created to serve the interests and needs of the fortuitous audience in preference to the audience in the ‘planned’ licence area.

In this case, the ACMA has found that a 1 kW omni-directional service will result in significant overspill and that this could be avoided if a 250 W (with a 25 W restriction to Quorn) directional radiation pattern is implemented. The ACMA considers that the differences in cost and coverage between implementing a 250 W OD or DA service are minimal. On that basis, the ACMA considers that there are no compelling reasons to allow overspill into Quorn.

The view was communicated to Flow FM, who as a result, on 19 October 2012, revised its proposal:

“Due to the lack of commercial radio in Quorn and the willingness and ability for 8SAT to provide this service at minimal antenna cost with 1Kw omni directional from Stokes Hill giving the wider region of 1700 people their first FM commercial radio services, that ACMA overlap 8SAT at Quorn.”

In short, Flow FM has requested that instead of limiting the planning of its service, the ACMA should consider overlapping both the Spencer Gulf RA1 and Central Zone licence areas at Quorn, so that no overspill arises.

In 1997/1998 the ABA made the following planning decision:

Flow FM, the licensee of remote commercial radio service 8SAT, objected to the proposed inclusion of Roxby Downs in the licence areas of the Spencer Gulf North commercial radio services, on the grounds that it has been providing a satellite-delivered service to Roxby Downs since March 1997. The ABA stated in its final LAP for the Central Zone, released on 17 October 1996, that it would carefully assess any proposal from a terrestrial service to provide a service to a township within the remote commercial radio licence areas in the event that services have not commenced within 12 months of determination of the final radio LAP for the remote region.

In the final Remote LAP, the ABA planned a terrestrial service for 8SAT at Roxby Downs on 97.9 MHz at 250 W.  8SAT held a transmitter licence for Roxby Downs for some time but has not yet established a service, and has not indicated that it intends to do so.  The ABA believes that sufficient time has been allowed for 8SAT to provide the service, and that the opportunity to provide a terrestrial service should now be given to the Spencer Gulf North commercial services.

Roxby Downs was subsequently included in the Spencer Gulf North RA1 licence area.

19 www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/UCL415035?opendocument&navpos=220 (Retrieved 15/03/2013).

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Before considering Flow FM’s request further and after taking into account the Roxby Downs decision, on 16 October 2012, the ACMA contacted the licensee of the Spencer Gulf North commercial radio broadcasting services 5AU/5AUU to seek its input. In particular, the ACMA queried whether the 5AU/5UU services can be heard (at a signal level above 54 dBuV/m) in Quorn and if not, were there any plans to establish 5AU/5AUU so they can be heard.

On 20 December 2012, 5AU/5AUU advised that signal levels in Quorn were below the required level and it would move to establish translators at Quorn, subject to the ACMA’s licence area planning process.

As a result, on 21 January 2013, the ACMA advised Flow FM that its proposal at Wilmington (1kW OD) would not likely promote the objects of the BSA and was therefore considered unacceptable. Flow FM was also advised that if, after the passage of a sufficient period of time (12 to 24 months), the 5AU/5AUU Quorn translators have not been commenced the ACMA could reconsider Flow FM’s request.

The ACMA therefore proposes to make channel capacity available for the commercial radio broadcasting service 8SAT at Wilmington, South Australia. It is proposed that this service operate from the site known as “SAPD GRN Telstra Site, 38 km E of Quorn, 1.52 km NE of Stoke Hill” with a maximum ERP of 250 W DA and a maximum antenna height of 25 m, on FM frequency 101.3 MHz.

The new 8SAT Wilmington technical specification is detailed at Attachment 1.38 of the Draft Variation to Licence Area Plan – Remote Central and Eastern Australia Radio - No.1 of 2013.

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Minor amendments

The ACMA proposes to update the schedules and attachments in the Remote LAP.

The ACMA proposes to make minor amendments to all of the schedules and to each of the attachments that contain the characteristics, including technical specifications, of the radio broadcasting services in the Central Zone licence area.

The proposed changes to re-order in alphabetical order by area served to allow for the insertion of new Attachments in that alphabetical order.

The ACMA does not intend these minor amendments to alter any existing rights or obligations. It proposes to replace the attachments describing these services in their entirety, without changing the substantive parts, to facilitate these minor amendments.

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SubmissionsSubmissions, quoting file reference ACMA2010/1753, are invited in writing by 5 pm, Friday 30 August 2013.

The preferred method for the receipt of submissions is by email to: [email protected], otherwise submissions can be posted to:

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

Any enquiries concerning matters raised in this document should be directed to Margaret Owen on (02) 6219 5279.

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

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

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

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