Issue for comment 49/2014—19 November
The ACMA is seeking comments on proposed variations to the digital radio channel plans for NSW/ACT, Victoria, Queensland, South Australia, Western Australia and Tasmania.
The ACMA is proposing the DRCP amendments to provide that the technical specifications for a co-channel infill transmitter licensed under a Digital radio multiplex transmitter licence (DRMT) are those determined by Division 8 of Part 8 of the Broadcasting Services (Technical Planning) Guidelines 2007 (TPGs) to achieve consistency with respect to the treatment of co-channel transmitters across DRMT licences, the TPGs and the DRCPs.
The ACMA proposes a variation to the NSW/ACT DRCP to specify the technical parameters for the Winmalee (Hawkesbury Heights) co-channel transmitter, which is outside of the Sydney designated BSA radio area.
The ACMA also proposes to vary the Tasmanian DRCP by removing two frequency blocks allotted for digital radio broadcasting purposes (12B and 12D) and replacing them with frequency blocks 9A and 9C. In addition and also to provide consistency with other DRCPs, the proposed variation to the Tasmania DRCP will also add provisions relating to maximum ERP limits, which appear in all other DRCPs.
The discussion paper provides background on the proposed variation to the following draft instruments:
Information about digital radio channel planning is also available.
Making a submission
Written submissions on the matter raised in the discussion paper are welcome.
Submissions must be received by the ACMA by 5 pm, Wednesday 24 December 2014. Please note that the ACMA will not be in a position to accept any submission received beyond the closing date.
Submissions should be made:
By email: firstname.lastname@example.org
By mail: Draft variations to DRCPs
Broadcasting Carriage Policy Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
Please quote file reference DRCP variations in your reply.
Each submission should specify:
- the name of the individual or organisation making the submission
- their contact details (such as a telephone number, postal address or email address).
A submitter may claim confidentiality over their name or contact details (see Publication of submissions below) or may make a submission anonymously or through use of a pseudonym (see Privacy below).
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To help stakeholders in formulating submissions to its formal, written consultation processes, the ACMA 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 submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). The ACMA cannot accept claims of confidentiality over submissions received (for example, any submission marked ‘In Confidence’ or ‘Confidential’ or similar). All submissions the ACMA receives are required to be made available for public inspection under subsection 27(2) of the BSA. However, the ACMA accepts that a submitter may sometimes wish to remain anonymous. In these circumstances, submitters are asked to identify the personal information over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each such 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 law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian 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.
The 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 that apply to organisations and Australian Government agencies from 12 March 2014.
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 invitation to comment 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 which 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 of 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.