{"id":"F2006B00135","name":"Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000","slug":"australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40543,"registerId":"commonwealth-F2006B00135-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000","content":"COMMONWEALTH OF AUSTRALIA\n\nAustralian Communications Authority Act 1997\n\nAUSTRALIAN COMMUNICATIONS AUTHORITY (LPON TRANSMITTER LICENCES) DIRECTION NO. 2 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 Licences) Direction No. 2 of 2000.\n\n2. Commencement\n\nThis Direction commences on 1 March 2001.\n\n3. Definitions\n\nIn this Direction:\n\napparatus licence has the same meaning as in the Radiocommunications Act 1992.\n\nassociate in relation to a person, means:\n\n(a) for a body corporate:\n\n(i) a director or secretary of the body; or\n\n(ii) a related body corporate; or\n\n(iii) a director or secretary of a related body corporate; or\n\n(iv) a business partner of the body; or\n\n(v) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or\n\n(b) for an individual:\n\n(i) a business partner of the individual; or\n\n(ii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or\n\n(iii) a body corporate of which the individual is a director or secretary; or\n\n(iv) a body corporate that is related to a body corporate of which the individual is a director or secretary.\n\nauthorised person means a person authorised by the licensee under section 114 of the Radiocommunciations Act 1992 to operate the radiocommunications devices under the licence.\n\nlicensee has the same meaning as in the Radiocommunications Act 1992.\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\nrelated body corporate has the meaning given by the Corporations Law.\n\nrelative in relation to a person, means any of the following, namely:\n\n(a) the person’s:\n\n(i) spouse; or\n\n(ii) parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child; or\n\n(b) the spouse of any person specified in subparagraph (a)(ii).\n\nspouse in relation to a person, includes a person who, although not legally married to the individual, lives with the individual on a genuine domestic basis as the spouse of the person.\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 – authorised person\n\nThis Direction also applies to any authorised person in relation to a low power open narrowcasting service.\n\n5. Direction – current LPON licences\n\nThe ACA must make any apparatus licence for a low power open narrowcasting service issued before the commencement of this Direction subject to conditions that have the effect of requiring a licensee of a low power open narrowcasting service to:\n\n(a) commence to provide a service using a transmitter authorised under the licence within 6 months of the imposition of the condition unless the licensee has a reasonable excuse for not doing so; and\n\n(b) continue to provide a service throughout the term of the licence with reasonable regularity; and\n\n(c) maintain records of the commencement, hours of operation and provision of a service under the licence.\n\n6. Direction – new LPON licences\n\nThe ACA must make any apparatus licence for a low power open narrowcasting service issued (other than upon renewal) on or after the commencement of this Direction subject to conditions that have the effect of requiring a licensee of a low power open narrowcasting service to:\n\n(a) commence to provide a service using a transmitter authorised under the licence within 6 months of the issue of the licence unless the licensee has a reasonable excuse for not doing so; and\n\n(b) continue to provide a service throughout the term of the licence with reasonable regularity; and\n\n(c) maintain records of the commencement, hours of operation and provision of a service under the licence.\n\n7. Direction – renewal of LPON licences within 6 months\n\nThe ACA must make any apparatus licence for a low power open narrowcasting service issued upon renewal within 6 months of the commencement of this Direction subject to conditions that have the effect of requiring a licensee of a low power open narrowcasting service to:\n\n(a) commence to provide a service using a transmitter authorised under the licence within 6 months of the renewal of the licence unless the licensee has a reasonable excuse for not doing so; and\n\n(b) continue to provide a service throughout the term of the licence with reasonable regularity; and\n\n(c) maintain records of the commencement, hours of operation and provision of a service under the licence.\n\n8. Direction – extension of 6 month start-up period\n\n(1) The ACA may allow for an extension of the 6 month period referred to in clause 5(a), 6(a) or 7(a) if in the ACA's opinion there is a valid reason for a delay by a licensee complying with those clauses.\n\n(2) The following, inter alia, shall not constitute valid reasons for a delay:\n\n(a) the licence has been obtained within the 6 month period pursuant to a transfer to a relative or associate; or\n\n(b) financial reasons; or\n\n(c) the licence is subject to an arrangement contingent on the disposal of another licence held by the licensee.\n\n(3) To remove any doubt, subsection (2) is not exhaustive and there may be other reasons that do not constitute valid reasons for a delay in commencing to provide a service.\n\n9\\. Direction – renewal of LPON licences after 6 months\n\nThe ACA must make any apparatus licence for a low power open narrowcasting service issued upon renewal 6 months after the commencement of this Direction subject to conditions that have the effect of requiring a licensee of a low power open narrowcasting service to:\n\n(a) provide the service using a transmitter authorised under the licence throughout the term of the licence with reasonable regularity; and\n\n(b) maintain records of the commencement, hours of operation and provision of a service under the licence.\n\n10. Direction – cancellation of LPON licences\n\n(1) The ACA may consider cancelling an apparatus licence for a low power open narrowcasting service for contravention of any conditions included in the licence because of section 5, 6, 7 or 9 where it has received a written statement from any person (“the complainant”) specifying the following details:\n\n(a) the name and contact details of the complainant and their interest in the matter; and\n\n(b) the purported breach of condition and the supporting evidence.\n\n(2) The statement must be made on the form approved by the ACA for this purpose (the complaint form) and must be accompanied by a statutory declaration as to the truth of the contents of the statement.\n\n(3) The ACA must give the licensee written notice that it has received a complaint and must provide details of what is contained in the complaint which gives the licensee a clear understanding of the substance of the complaint. The licensee must be given 30 days from the date on which the licensee is advised of the complaint in which to respond.\n\n(4) In considering whether or not to cancel an apparatus licence for a low power open narrowcasting service for contravention of any conditions included in the licence because of sections 5, 6, 7 and 9 of this Direction, the ACA must have regard to:\n\n(a) arrangements made by the licensee for access and use of a site for the purpose of providing the service;\n\n(b) ownership, purchase, lease or hire, or other arrangements made by the licensee for the use of a transmitter on the site for the purpose of providing the service;\n\n(c) arrangements made by the licensee to obtain programs for use in providing the service;\n\n(d) the regularity and continuity of programs broadcast by the licensee from the site;\n\n(e) the nature of the service to which the licence relates and which is being provided by the licensee;\n\n(f) the maintenance of records of the commencement, hours of operation and provision of a service under the licence; and\n\n(g) other such matters as the ACA considers relevant.\n\n(5) In considering whether a condition included in an apparatus licence because of clauses 5(b), 6(b), 7(b) or 9(b) requiring continued provision of a service has been complied with, the ACA must have regard to:\n\n(a) the period for which a service has not been provided in relation to the period in which it could have been provided;\n\n(b) whether any circumstances existed which gave rise to a failure to continue to provide a service that were beyond the reasonable control of the licensee or persons with whom arrangements existed under paragraph 10(4)(b);\n\n(c) the number of other apparatus licences for low power open narrowcasting services held by the licensee and the level of services provided under those licences;\n\n(d) such other matters as the ACA considers relevant.\n\n11. Direction – no issue of a licence on similar terms\n\nThe ACA must not grant an apparatus licence for a low power open narrowcasting service on similar terms or including similar details to that of an existing licence during the period in which a complaint is being assessed in relation to the existing licence. This applies to an application by any person.\n\n12. Direction – exercise of powers\n\nThe ACA must not exercise its powers under the Radiocommunications Act 1992 in a manner that is inconsistent with this Direction and any conditions imposed on licences because of this Direction.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: regulating low power open narrowcasting transmitter licences to prevent licence hoarding and ensure active use. The detailed complaints process and specific exclusions for extensions (financial reasons, transfers to associates) directly serve this core objective without significant scope creep."},"complexity_factors":["Multiple defined terms (14 definitions) including nested definitions ('associate' contains 9 sub-clauses, 'relative' contains 4 sub-clauses)","Four separate but nearly identical conditional clauses (sections 5, 6, 7, and 9) with subtle timing distinctions (existing licences vs new licences vs renewals within 6 months vs renewals after 6 months)","Cross-references to three separate Acts (Radiocommunications Act 1992, Broadcasting Services Act 1992, Corporations Law)","Non-exhaustive list provisions ('inter alia', 'such other matters') creating discretionary gaps","Nested conditions in section 10(5) requiring assessment of 'reasonable control' and arrangements with third parties"],"plain_english_summary":"This 2000 ministerial direction tells the ACA how to manage low‑power open narrowcasting licences on 87.5–88.0 MHz: licensees must commence and maintain broadcasts, keep records, and face tight limits on startup delays; it also creates a written complaint process, lists factors the ACA must consider before cancelling a licence, and bars issuing similar licences while complaints are investigated.\n\nIt affects small community/religious/special‑interest broadcasters, the ACA (now ACMA), and the public, and aims to prevent licence squatting by enforcing \"use it or lose it.\""},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Direction operates within a narrow administrative purpose: to ensure LPON apparatus licences are put into service promptly, maintained with reasonable regularity, and supported by records, and to provide a complaints-based pathway for cancellation. It does not materially expand regulatory subject‑matter beyond that purpose; rather, it prescribes conditions, procedures and limited ACA discretions to enforce usage. The Direction therefore remains consistent with its original intent to regulate use of LPON transmitters rather than creating new substantive policy areas."},"complexity_factors":["About 12 defined terms in clause 3 (including multi-part definitions: associate, low power open narrowcasting service, relative).","Multiple time‑based branches: requirements for licences issued before commencement, issued after commencement, renewed within 6 months, and renewed after 6 months (clauses 5–7, 9).","Non‑exhaustive exception list for start‑up extensions (clause 8(2)–(3)), creating interpretive uncertainty.","Mix of mandatory (\"must\") and discretionary (\"may\") duties for the ACA (e.g. must impose conditions; may allow extensions; may consider cancellation).","Structured complaint/cancellation process with formal form and statutory declaration requirement, 30‑day response window, and multiple listed decision factors (clause 10).","Cross‑references to the Radiocommunications Act 1992, Broadcasting Services Act 1992 and Corporations Law, increasing external dependencies (clauses 3 definitions, clause 12).","Ambiguous normative terms left undefined in the Direction (\"reasonable excuse\", \"reasonable regularity\"), raising case‑by‑case interpretation.","Operational constraint preventing issue of similar licences during complaint assessment (clause 11) — creates administrative interaction effects with licence applications."],"plain_english_summary":"**What this Direction does (mechanics)\n\n- Requires the Australian Communications Authority (ACA) to attach specific conditions to low power open narrowcasting (LPON) transmitter apparatus licences. These conditions require licensees to: start broadcasting within six months (unless they have a reasonable excuse), continue broadcasting with \"reasonable regularity\" throughout the licence term, and keep records of start-up, hours and service provision (clauses 5–9).\n\n- Applies the same rules to any person authorised by the licensee to operate the transmitter (clause 4).\n\n- Lets the ACA grant time extensions to the six‑month start period if there is a valid reason, but lists several reasons that will not be accepted (clause 8(1)–(3)).\n\n- Sets out a complaint-driven process the ACA may use to consider cancelling an LPON licence for breach of these conditions: complaints must be on an ACA form and include a statutory declaration; the licensee must be told and given 30 days to respond; and the ACA must take certain listed factors into account when deciding on cancellation (clause 10).\n\n- Prevents the ACA from issuing a new LPON apparatus licence \"on similar terms\" to an existing licence while a complaint about that existing licence is being assessed (clause 11).\n\n- Requires the ACA to act consistently with this Direction when exercising powers under the Radiocommunications Act 1992 (clause 12).\n\nWho is affected\n\n- Primary: holders of, and authorised operators under, LPON transmitter apparatus licences — defined as licences for transmitters on 87.5–88.0 MHz with low power limits (1 W in residential areas, 10 W in non‑residential areas) (Definitions and clause 3).\n\n- Secondary: applicants for similar LPON licences while a complaint about an existing licence is being assessed (clause 11), and the ACA in how it administers and enforces LPON apparatus licences (clauses 5–12).\n\nWhy it matters (stated purpose and practical effect)\n\n- The Direction mechanically changes licence terms and the ACA's administrative obligations: licences must include start‑up, ongoing use and record‑keeping conditions; the ACA gets a structured complaints and cancellation pathway; and it gains limited discretion to extend start‑up timeframes (clauses 5–12).\n\n- The instrument therefore focuses enforcement on actual use of the radio frequency resource: it creates a formal mechanism to discourage licence hoarding or non‑use by making use and record‑keeping licence conditions and enabling cancellation on complaint (see clauses 5–11).\n\nAssessment of incentives, costs and trade‑offs (practical testing of the Direction against implementation and market effects)\n\n- Who pays: licensees bear compliance costs — they must begin broadcasting within six months, keep operational records, and possibly respond to complaints with evidence and statutory declarations (clauses 5–9, 10). If they fail, they risk cancellation (clause 10).\n\n- Who decides: the ACA decides whether to grant extensions, accept or investigate complaints, and whether to cancel a licence. The Direction constrains the ACA to follow specified procedures and factors when making those decisions (clauses 8, 10, 12).\n\n- Behaviour changed: potential licensees are incentivised to put licences into service quickly and to keep demonstrable records of operation. Those seeking to transfer licences to relatives/associates cannot rely on the transfer itself as an excuse for delayed start‑up (clause 8(2)(a)).\n\n- Compliance burden and evidence standard: the Direction requires record‑keeping and allows complaints only on an ACA form plus a statutory declaration. That raises evidentiary and administrative costs for complainants and licensees (clause 10(1)–(2)). The 30‑day response window creates a predictable but finite deadline for licensee replies (clause 10(3)).\n\n- Discretion and implementation risk: the ACA has both mandatory duties (\"must\" impose conditions and follow some procedures) and discretionary powers (may allow extensions; may cancel licences). The Direction narrows some bases for delay but leaves the definition of \"reasonable excuse\" and \"reasonable regularity\" open, which creates interpretation risk and may generate case‑by‑case administrative burden (clauses 5–9, 8(1), 10(4)–(5)).\n\n- Effects on competition and market entry: by requiring timely activation and ongoing use, the Direction encourages spectrum use and may reduce speculative holding of LPON licences; it could also raise entry costs (start‑up and record‑keeping) for small operators given the administrative overheads.\n\n- Concentrated benefits and costs: benefits from freeing up unused spectrum (if enforcement leads to cancellations) are dispersed across potential new entrants and listeners; costs (compliance, potential loss of licence) fall directly on current LPON licensees and their authorised operators.\n\n- Possible substitution or avoidance: licensees denied extensions or at risk of cancellation might seek other regulatory pathways (changes of use, different licence classes) or restructure holdings; the Direction explicitly disallows citing transfers to associates/relatives as valid delay reasons (clause 8(2)(a)), which closes an obvious avoidance route.\n\nKey concrete implementation points to watch\n\n- How the ACA interprets \"reasonable excuse\" and \"reasonable regularity\" (clauses 5–9).\n- The standard of proof the ACA requires from complainants beyond the statutory declaration (clause 10).\n- Whether the ACA routinely exercises or limits discretion to grant extensions (clause 8).\n\nRelevant provisions: definitions at clause 3; application to authorised persons at clause 4; start, ongoing and records requirements at clauses 5–9; extension and excluded reasons at clause 8; complaint and cancellation procedures at clause 10; restriction on new licences during complaint at clause 11; consistency with Radiocommunications Act at clause 12.\n"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000","history":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000/history","analysis":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000/analysis","conflicts":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000/conflicts","importantCases":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000/important-cases","documents":"/api/acts/australian-communications-authority-lpon-transmitter-licences-direction-no-2-of-2000/documents"}}