{"id":"F2026L00121","name":"Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026","slug":"broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107701,"registerId":"commonwealth-F2026L00121-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026.\n\n#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n#### 3 Authority\n\n  This instrument is made under paragraph 19(1)(b) of the Broadcasting Services Act 1992.\n\n#### 4 Repeal of the Broadcasting Services Clarification Notice 2016\n\n  The Broadcasting Services Clarification Notice 2016 (Registration No. F2016L00366) is repealed.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Broadcasting Services Act 1992.\n\n> ancillary communication service means a separate supplementary information service carried on a modulated sub-carrier of an FM transmission.\n\n> FM radio band has the meaning given in the instrument made under section 33 of the Broadcasting Services Act 1992.\n\n> Note: At the time of making this instrument, the instrument referred to in this definition is the Broadcasting Services (Technical Planning) Guidelines 2017.\n\n> locality means a population cluster that is classified as a locality by the Australian Bureau of Statistics and described as such in the Australian Statistical Geography Standard, Edition 3, published by the Australian Bureau of Statistics.\n\n> Service means a radio broadcasting service transmitted in analog mode, and which is not made available only on payment of subscription fees (whether periodical or otherwise).\n\n> urban centre means a population cluster that is classified as an urban centre by the Australian Bureau of Statistics and described as such in the Australian Statistical Geography Standard, Edition 3, published by the Australian Bureau of Statistics.\n\n> Note 1: The Australian Statistical Geography Standard (ASGS), published by the Australian Bureau of Statistics (ABS) classifies urban areas of Australia based on population density for statistical data purposes. The ASGS Edition 3 could, at the time of the making of this instrument be accessed for free at the following website: www.abs.gov.au .\n\n> Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    ACMA;\n    broadcasting service;\n\n    (c) open narrowcasting service;\n    (d) transmitter licence.\n\n#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraph 19(1)(b) of the Broadcasting Services Act 1992.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Broadcasting Services Clarification Notice 2016","content":"#### 4 Repeal of the Broadcasting Services Clarification Notice 2016\n\n  The Broadcasting Services Clarification Notice 2016 (Registration No. F2016L00366) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Broadcasting Services Act 1992.\n\n> ancillary communication service means a separate supplementary information service carried on a modulated sub-carrier of an FM transmission.\n\n> FM radio band has the meaning given in the instrument made under section 33 of the Broadcasting Services Act 1992.\n\n> Note: At the time of making this instrument, the instrument referred to in this definition is the Broadcasting Services (Technical Planning) Guidelines 2017.\n\n> locality means a population cluster that is classified as a locality by the Australian Bureau of Statistics and described as such in the Australian Statistical Geography Standard, Edition 3, published by the Australian Bureau of Statistics.\n\n> Service means a radio broadcasting service transmitted in analog mode, and which is not made available only on payment of subscription fees (whether periodical or otherwise).\n\n> urban centre means a population cluster that is classified as an urban centre by the Australian Bureau of Statistics and described as such in the Australian Statistical Geography Standard, Edition 3, published by the Australian Bureau of Statistics.\n\n> Note 1: The Australian Statistical Geography Standard (ASGS), published by the Australian Bureau of Statistics (ABS) classifies urban areas of Australia based on population density for statistical data purposes. The ASGS Edition 3 could, at the time of the making of this instrument be accessed for free at the following website: www.abs.gov.au .\n\n> Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    ACMA;\n    broadcasting service;\n\n    (c) open narrowcasting service;\n    (d) transmitter licence.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Purpose of Part 2","content":"#### 7 Purpose of Part 2\n\n1.  For paragraph 19(1)(b) of the Act, this Part clarifies the criteria specified in section 18 of the Act as they apply to a Service.\n\n(2) If a Service does not comply with a particular provision of this Part, the Service may still be an open narrowcasting service under section 18 of the Act because of its individual characteristics.\n\n8 Low power transmitter: urban centres and localities\n\nA Service provided:\n\n1.  in an urban centre or locality; and\n2.  within the FM radio band; and\n3.  using a transmitter with a maximum effective radiated power of 1 watt or less;\n\nis not an open narrowcasting service by reason only of the maximum effective radiated power of the transmitter used to provide the Service.\n\n> Note: In broad terms in the ASGS Edition 3, published by the ABS, an urban centre is a population cluster of 1,000 or more people while a locality is a population cluster of between 200 and 999 people.\n\n9 Limited period\n\nA Service is an open narrowcasting service if it is provided for:\n\n1.  a continuous period of not more than 30 days in any 12 month period; or\n2.  separate periods which, in total, are not more than 30 days in any 12 month period;\n\nin accordance with the conditions of the transmitter licence or licences issued by the ACMA for the provision of a limited-period service.\n\n10 Special event\n\nA Service is an open narrowcasting service if it is provided for a continuous period of not more than 30 days to cover an event that:\n\n1.  has major cultural significance, sporting significance or other community significance; and\n2.  is organised by 1 or more persons.\n\nNote: While it is likely that cultural and sporting events of major significance will be organised by 1 or more persons, it should not be presumed that all events are organised in a way that meet the requirements of this section. For example, events such as the Moomba Festival and the Sydney to Hobart Yacht Race are clearly organised. On the other hand, the ski season, which occurs if and when particular weather conditions exist, is an example of an event which is not an ‘organised’ event for the purposes of this section.\n\n11 Pre-recorded, regularly repeated audio content\n\nA Service is an open narrowcasting service if it has the following characteristics:\n\n1.  the content of the broadcasting service consists solely of not more than four hours of pre-recorded material, which is repeated in the same order; and\n2.  the material is not updated or otherwise varied more than once in any week.\n\nNote: A service of this kind is also known as a pre-recorded, regularly repeated audio content service.\n\n12 Information service\n\nA Service is an open narrowcasting service if the content which it broadcasts:\n\n1.  relates only to specific information about a subject; and\n2.  does not include general news.\n\nNote: Information services may include, for example, stock market reports, weather services, real estate information and entertainment information.\n\n13 Religious service\n\n(1) A Service is an open narrowcasting service if it is provided for 1 or more of the following purposes, and for no other purpose:\n\n1.  the propagation of religious beliefs, religious values and religious lifestyles;\n2.  the broadcasting of religious rituals and events of religious significance;\n3.  the provision of information and services relevant to religious beliefs, religious values and religious lifestyles.\n\n(2) A Service does not comply with subsection (1) if the content broadcast by the Service includes material that is not relevant to 1 or more of those purposes.\n\nNote: ‘Mainstream’ music which has no obvious religious significance, and is not broadcast for the purpose of analysis or commentary, is material that is not relevant to the purposes mentioned in subsection (1).\n\n14 Non-English language service\n\nA Service is an open narrowcasting service if the content which it broadcasts is provided:\n\n(a) wholly in a language other than English; or\n\n(b) in a language other than English, except to the extent that the broadcasting service includes content in English that is incidental to the provision of the service in the other language.\n\nNote: Examples of incidental content for paragraph (1)(b) include interviews broadcast in English with a translation into the other language, and broadcasts in English of station identification.\n\n15 Racing service\n\n(1) A Service is an open narrowcasting service if it has the characteristics set out in subsections (2), (3) and (4).\n\n(2) At least 80% of the content of the Service on a day (except Christmas Day or Good Friday) is:\n\n(a) descriptions of any combination of horse races, harness races and greyhound races; and\n\n(b) the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and\n\n(c) material (such as music, news reports, weather reports, announcements and advertisements) that is:\n\n(i) incidental to the provision of the content mentioned in paragraphs (a) and (b); and\n\n(ii) provided only during periods between particular races on that day; and\n\n(iii) provided to the minimum extent practicable between particular races; and\n\n(iv) provided for a total of not more than 15 minutes in each hour of the day.\n\nNote: For subparagraph (2)(c)(iv), the hours to be used are the hours starting at midnight, 1am, 2am, and so on.\n\n(3) A significant proportion of the content of the Service other than the content described in subsection (2) is:\n\n(a) relevant to horse racing, harness racing or greyhound racing; or\n\n(b) of interest mainly to persons involved in horse racing, harness racing or greyhound racing.\n\n(4) The Service is promoted, in the content which it broadcasts:\n\n(a) as a service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or\n\n(b) using the words ‘racing radio service.’\n\n16 Ancillary service\n\nA Service provided by way of an ancillary communication service is an open narrowcasting service.\n\nNote: A service of this kind is provided using a subcarrier channel.\n\n17 Services targeted on the basis of age of audience\n\n(1) A Service targeted to persons less than 10 years old is an open narrowcasting service.\n\n(2) If subsection (1) does not apply, a Service is not an open narrowcasting service by reason only of its being targeted to persons of a particular age, or a particular range of ages.\n\nNote: If a broadcasting service is targeted at an audience described in terms such as ‘Generation X’ or ‘baby boomers’, the broadcasting service is likely to be targeted to persons of a particular age or range of ages.\n\n18 Groups other than formal groups\n\n    A group is able to be a special interest group for the purposes of subparagraph 18(1)(a)(i) of the Act whether or not the group is organised on a formal basis.\n    Subsection (1) is not intended to affect the operation of section 17.","sortOrder":7}],"analysis":{"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":4,"scope_assessment":{"changed":false,"description":"This instrument appears to be a straightforward re-enactment and update of the 2016 Clarification Notice it replaces. The scope remains tightly focused on clarifying criteria for radio narrowcasting services under section 18 of the Broadcasting Services Act 1992. While the content is detailed, it does not appear to have expanded beyond the original regulatory purpose of defining when low-power and special-purpose radio services qualify as narrowcasting."},"complexity_factors":["Multiple overlapping categories (13 distinct criteria in sections 8-18) with some mutual exclusivity and some overlap","Nested conditions in section 15 (racing service) requiring simultaneous compliance with three subsections containing multiple sub-paragraphs","Cross-references to external instruments: Broadcasting Services Act 1992, Broadcasting Services (Technical Planning) Guidelines 2017, and Australian Statistical Geography Standard Edition 3","Defined terms rely on ABS statistical classifications ('urban centre' vs 'locality') requiring external knowledge","Temporal calculations required (30 days in 12 months, hourly breakdowns for racing services)","Percentage thresholds (80% content rule in section 15) with specific exceptions (Christmas Day, Good Friday)","Subjective qualifiers ('major significance', 'minimum extent practicable', 'significant proportion') requiring interpretive discretion","Negative conditions and carve-outs (section 8 'by reason only of', section 17(2) exclusion for age targeting over 10, section 13(2) exclusion for irrelevant material)"],"plain_english_summary":"This instrument replaces the 2016 notice and clarifies what counts as a “radio narrowcasting service” under the Broadcasting Services Act, mainly affecting low‑power FM operators, community groups, religious and non‑English broadcasters, racing and information services, and short‑term/event stations. It matters because qualifying as narrowcasting lets operators run under lighter regulatory rules than full commercial broadcasters, while ensuring spectrum is managed by limiting reach, duration and content scope."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Broadcasting Services Clarification Notice 2016 (s4) and replaces it with a set of detailed criteria clarifying how section 18 is to be applied (purpose and operation in s7; category tests in ss8–18). That replacement alters the practical scope of which analogue FM services will be treated as open narrowcasting by introducing explicit numeric and content tests, while preserving ACMA discretion for cases that do not neatly meet those tests (s7(2))."},"complexity_factors":["Multiple specific quantitative thresholds to apply in practice (e.g. transmitter power 1 watt — s8; limited period 30 days — s9; pre-recorded content 4 hours — s11; racing content 80% and 15 minutes/hour limit — s15).","Several content-based categorical tests that require factual judgments (special event significance — s10; 'information' vs 'general news' — s12; what counts as 'incidental' content — s13(2), s15(2)(c)).","Cross-references to external instruments and classifications that may change over time (ASGS Edition 3 for 'urban centre' and 'locality' — s5; FM radio band definition in technical guidelines — s5).","Interaction with existing Act definitions and licensing regime (clarifies application of s18 while made under para 19(1)(b) — ss3,7), producing potential overlapping interpretations.","Explicit preservation of case-by-case discretion (services not complying with a provision may still qualify due to individual characteristics — s7(2)), increasing adjudicative complexity.","Replacement of prior guidance (repeals 2016 Notice — s4), requiring stakeholders to reassess compliance against the new tests."],"plain_english_summary":"This instrument repeals the 2016 Clarification Notice and sets out detailed tests for when an FM analog radio \"Service\" counts as an open narrowcasting service under section 18 of the Broadcasting Services Act 1992, adding numerical thresholds and content-based categories.\n\nIt affects broadcasters and transmitter-licence holders by clarifying what they must meet to qualify as narrowcasting and gives ACMA a clearer basis for licensing decisions under paragraph 19(1)(b); the tests create concrete compliance costs where thresholds apply and leave ACMA discretion in borderline cases."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026","history":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026/history","analysis":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026/analysis","conflicts":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026/conflicts","importantCases":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026/important-cases","documents":"/api/acts/broadcasting-services-criteria-for-radio-narrowcasting-services-clarification-notice-2026/documents"}}