{"id":"F2005B02484","name":"Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000","slug":"australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32789,"registerId":"commonwealth-F2005B02484-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000","content":"COMMONWEALTH OF AUSTRALIA\n\nAustralian Communications Authority Act 1997\n\nAUSTRALIAN COMMUNICATIONS AUTHORITY (LPON TRANSMITTER LICENCE ALLOCATION) DIRECTION NO. 3 OF 2000\n\nI, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, give the following Direction to the Australian Communications Authority under subsection 12(1) of the Australian Communications Authority Act 1997.\n\nDated 20 December 2000\n\nRICHARD ALSTON\n\nMinister for Communications, Information Technology and the Arts\n\n1. Name of Direction\n\nThis Direction may be cited as the Australian Communications Authority (LPON Transmitter Licence Allocation) Direction No. 3 of 2000.\n\n2. Commencement\n\nThis Direction commences on 1 March 2001.\n\n3. Definitions\n\nIn this Direction:\n\nlow power open narrowcasting service means an open narrowcasting service operated under a transmitter licence which authorises the operation of a transmitter at:\n\n(a) a carrier frequency within the range 87.5 to 88.0 MHz (inclusive); and\n\n(b) a maximum power which does not exceed:\n\n(i) if the transmitter is operated in a residential area – 1 watt;\n\n(ii) if the transmitter is operated in a non-residential area – 10 watts.\n\nopen narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.\n\ntransmitter means a radiocommunications transmitter within the meaning of the Radiocommunications Act 1992.\n\ntransmitter licence has the same meaning as in the Radiocommunications Act 1992.\n\n4. Direction – allocation of transmitter licences for low power open narrowcasting services\n\nThe allocation or issue of transmitter licences for low power open narrowcasting services by the Australian Communications Authority, excluding the renewal of licences pursuant to section 130 of the Radiocommunications Act 1992, is to be by way of price-based allocation systems determined pursuant to section 106 of the Radiocommunications Act 1992.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Direction changes the allocation mechanism for transmitter licences for low‑power open narrowcasting services to price‑based allocation systems (Direction s4), limits applicability to transmitters defined by frequency and power thresholds (Direction s3), and expressly excludes licence renewals under section 130 of the Radiocommunications Act 1992. It therefore shifts how initial licences are awarded and who pays, while leaving renewal procedures outside this directive."},"complexity_factors":["Short instrument but depends on external statutory definitions and rules (Broadcasting Services Act 1992; Radiocommunications Act 1992).","Refers to section 106 (price‑based allocation systems) without defining the specific methods — requires reading s106 to know available mechanisms.","Exclusion of renewals via section 130 creates a two‑track regime (initial allocation vs renewal) that implementers must distinguish.","Technical eligibility defined by narrow frequency and power thresholds (87.5–88.0 MHz; 1 W/10 W) requiring factual assessment of transmitter location and output (Direction s3).","Gives the ACA discretion to select and administer the particular price‑based system, creating administrative choices and implementation detail obligations (Direction s4).","Legal authority is a ministerial direction under subsection 12(1) of the Australian Communications Authority Act 1997, so statutory power and procedural limits need checking against that Act."],"plain_english_summary":"This Direction requires the Australian Communications Authority (ACA) to allocate transmitter licences for low‑power open narrowcasting services (87.5–88.0 MHz; up to 1 W residential, 10 W non‑residential) by price‑based allocation systems determined under section 106 of the Radiocommunications Act 1992. It excludes licence renewals under section 130. Prospective licensees will obtain these licences through a price-setting/allocation process chosen by the ACA and will pay according to that process."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This direction remains tightly focused on its original purpose: establishing the allocation method for low-power narrowcasting transmitter licences. It does not expand beyond this specific technical and administrative matter."},"complexity_factors":["Only 4 substantive sections (Name, Commencement, Definitions, Direction)","4 defined terms, all referencing existing legislation rather than creating new complex definitions","Single operative provision with one clear directive","No nested exceptions or conditional logic beyond the basic power/location distinctions in the definition","No cross-references to other sections of this instrument (only external references to the Broadcasting Services Act 1992 and Radiocommunications Act 1992)"],"plain_english_summary":"This is a ministerial direction telling the Australian Communications Authority (ACA) how to hand out radio transmitter licences for a specific type of low-power community radio service.\n\n**What it does:**\n- Directs the ACA to use **price-based allocation** (essentially auctions or competitive bidding) when issuing new transmitter licences for \"low power open narrowcasting services\"\n- These are small-scale radio services operating on frequencies between 87.5-88.0 MHz (just below the standard FM band)\n- Power limits apply: 1 watt in residential areas, 10 watts in non-residential areas\n\n**Who it affects:**\n- Community groups, religious organisations, or other entities wanting to run small radio services\n- The Australian Communications Authority (now ACMA), which must follow this direction when allocating licences\n\n**What it excludes:**\n- Licence renewals are **not** covered by this direction (they continue under existing rules)\n\n**Why it matters:**\nBefore this direction, these licences may have been allocated by other methods (like \"beauty contests\" or first-come-first-served). This ensures the government captures value for these scarce radio frequencies through competitive pricing, while still allowing small community broadcasters to operate on a limited basis."}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000","history":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000/history","analysis":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000/analysis","conflicts":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000/conflicts","importantCases":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000/important-cases","documents":"/api/acts/australian-communications-authority-lpon-transmitter-licence-allocation-direction-no-3-of-2000/documents"}}