{"id":"F2004B00511","name":"Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003","slug":"australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31564,"registerId":"commonwealth-F2004B00511-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"part","heading":"Direction — MF NAS transmitter licences","content":"## 5 Direction – MF NAS transmitter licences\n\nI direct the ACA to exercise its powers under sections 107 and 111 of the Act, as soon as practicable, to ensure that conditions are imposed on all MF NAS transmitter licences which have the effect that the licensee must not operate a station under the licence to provide a commercial broadcasting service unless:\n\n(a) the licence was:\n\n(i) issued under section 100 of the Act before 6 November 2002; or\n\n(ii) issued under section 130 of the Act on or after 6 November 2002 by way of renewal of a licence referred to in subparagraph (i);\n\n(b) the commercial broadcasting service is provided under a licence which was allocated under section 40 of the Broadcasting Services Act 1992 before 6 November 2002;\n\n(c) the commercial broadcasting service is provided before the date 12 months after the commencement of this Direction; and\n\n(d) the location of the station is:\n\n(i) within 10 km of its location on 6 November 2002; or\n\n(ii) a location outside the 10 km radius referred to in subparagraph (i) that is determined by the ACA in accordance with clause 6 of this Direction and notified to the licensee in writing.","sortOrder":0},{"sectionNumber":"6","sectionType":"part","heading":"Conditions for ACA approval of relocation of station more than 10 km","content":"## 6 Conditions for ACA approval of relocation of station more than 10 km\n\nFor the purposes of subparagraph 5(d)(ii) of this Direction the ACA must not determine a location (the ‘new location’) unless it is satisfied that:\n\n(a) transmissions from the new location would provide a service to substantially the same intended audience as the audience that was intended to be covered from the location of the station on 6 November 2002; and\n\n(b) transmissions from the new location would not significantly interfere with any existing radiocommunications services.","sortOrder":1}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2616},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The direction remains tightly focused on its original purpose of restricting the use of MF NAS transmitter licences for commercial broadcasting following the November 2002 policy change. It maintains the specific transitional protections for existing licensees without expanding to other licence types or services."},"complexity_factors":["Cross-references to multiple sections of the Radiocommunications Act 1992 and Broadcasting Services Act 1992","Date-based conditional thresholds (6 November 2002) with nested logic (subparagraphs 5(d)(i) and (ii))","Clause 6 imposes additional substantive conditions on approvals referenced in clause 5","Technical regulatory terminology requiring knowledge of transmitter licences versus broadcasting licences"],"plain_english_summary":"This direction freezes use of MF NAS transmitter licences for commercial broadcasting as of 6 November 2002: only operators already using them (or holding renewals) may provide commercial radio. Station sites are locked within 10 km of their 2002 locations unless the ACA approves a move that serves the same audience and avoids harmful interference. It grandfathered incumbents and bars new commercial entrants via these licences."}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003","history":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003/history","analysis":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003/analysis","conflicts":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003/conflicts","importantCases":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003/important-cases","documents":"/api/acts/australian-communications-authority-mf-nas-transmitter-licences-direction-no-1-of-2003/documents"}}