{"id":"F2005B00616","name":"Licence Area Plan - Katoomba Radio - December 1999","slug":"licence-area-plan-katoomba-radio-december-1999","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32073,"registerId":"commonwealth-F2005B00616-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"DECEMBER 1999","sectionType":"subdivision","heading":"DECEMBER 1999","content":"#### DECEMBER 1999\n\n  \nLICENCE AREA PLAN – KATOOMBA RADIO","sortOrder":0},{"sectionNumber":"DETERMINATION","sectionType":"part","heading":"DETERMINATION","content":"# DETERMINATION\n\nThe Australian Broadcasting Authority hereby makes this plan for broadcasting services in the Sydney area of New South Wales, under subsection 26(1) of the Broadcasting Services Act 1992.\n\nOne commercial radio broadcasting service is to be available in the area described at Attachment 1.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachment 1.2 to this Determination.\n\nOne community radio broadcasting service is to be available in the area described at Attachment 2.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachment 2.2 to this Determination.\n\n(Determined by the Australian Broadcasting Authority on 16 December 1999)\n\n  \nSCHEDULES\n\nEach of the Schedules sets out:\n\n-   the category of each of the services that are to be available in that area (column one).\n-   The status of the service (column two) does not form part of the licence area plan decision and is included for reference only.\n-   The frequency for each transmitter (column three) does not form part of the licence area plan decision and is included for reference only.\n-   the service licence number which has been allocated to the service, if appropriate (column four); N/A = Not Applicable, as the Broadcasting Services Act 1992 only requires service licences for Commercial and Community services.\n-   the number of transmitters required to transmit the service,\n-   the transmitter specification number which has been allocated to each transmitter (column five),\n-   the identifying number of the attachment where the technical specifications for each transmitter are described (column six). (Each set of technical specifications referred to in the Schedules is an attachment to this determination).\n-   the general area served by each transmitter (column seven).","sortOrder":1},{"sectionNumber":"Status Column","sectionType":"part","heading":"Status Column","content":"## Status Column\n\nLicensed : service is already licensed\n\nAvailable : new licence available for allocation\n\nProposed : transmitter for existing broadcasting service licence\n\nAlternative : alternative channel proposed for licensed service\n\nReserved : capacity reserved for a national or community service in accordance with Ministerial notification\n\nThe information in the status column is provided as additional information to the licence area plan, and is accurate as at the date of publication.","sortOrder":2},{"sectionNumber":"Frequency Column","sectionType":"section","heading":"Frequency Column","content":"##### Frequency Column\n\n-   The frequency shown is the centre frequency of the channel.\n\nThe information in the frequency column is provided as additional information to the licence area plan, and is accurate as at the date of publication.\n\n  \nSCHEDULE ONE\n\nLicence Area Plan: Katoomba Radio – December 1999\n\nLicence Area: KATOOMBA RA1\n\n| Service Category | Status   | Frequency | Service Licence No | Technical Specification No | Attach No | Area Served |\n| ---------------- | -------- | --------- | ------------------ | -------------------------- | --------- | ----------- |\n| Commercial       | Licensed | 96.1 MHz  | SL4116             | TS4116001                  | 1.2       | Katoomba    |\n\nSCHEDULE TWO\n\nLicence Area Plan: Katoomba Radio – December 1999\n\nLicence Area: KATOOMBA RA2\n\n| Service Category | Status   | Frequency | Service Licence No | Technical Specification No | Attach No | Area Served |\n| ---------------- | -------- | --------- | ------------------ | -------------------------- | --------- | ----------- |\n| Community        | Licensed | 89.1 MHz  | SL1150185          | TS5661001                  | 2.2       | Katoomba    |\n\nDISCLAIMER:\n\nThe availability of frequency capacity in the Katoomba region is, to a large extent, based on theoretical interference predictions. Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data.\n\nThe Australian Broadcasting Authority (ABA) takes reasonable care in assigning frequencies, but cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference. Any such interference can vary in extent and can originate within Australia or overseas.\n\nProspective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question.\n\n-   Existing broadcasters should take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions.\n\n-   Aspirant broadcasters should take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability.\n\nNo liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference.\n\n  \nAttachment 1.1\n\nLICENCE AREA - KATOOMBA RA1\n\nLICENCE AREA FOR SERVICE LICENCE NO: SL4116\n\nCOMMERCIAL, KATOOMBA RA1\n\nThe licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 6 August 1996, is:","sortOrder":3}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination does not appear to broaden the statutory scope of the Broadcasting Services Act 1992. It implements the Act’s routine licence area planning function by designating one commercial and one community FM service for the Katoomba area and by identifying the relevant technical attachments. It narrows content to local allocations and technical parameters but does not expand the legislative purpose or create new regulatory powers beyond those in the Act."},"complexity_factors":["Short instrument: two schedules and a small number of attachments referenced","Single statutory cross‑reference: subsection 26(1) of the Broadcasting Services Act 1992","Two service entries (one commercial, one community) only","Technical details are delegated to Attachments (1.2 and 2.2) creating a cross‑document dependency","Status and frequency columns explicitly marked as non‑decisional (adds a minor interpretive note)","Disclaimer introduces uncertainty based on interference modelling (operational complexity rather than legal complexity)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination, made under subsection 26(1) of the Broadcasting Services Act 1992, sets out which radio broadcasting services are to be available in the Katoomba licence areas and records the technical references that apply to those services.  \n- It allocates one commercial FM service for the Katoomba RA1 licence area (Service Licence No. SL4116) with a listed centre frequency of 96.1 MHz and associated transmitter technical specifications (Schedule One and Attachment 1.2).  \n- It allocates one community FM service for the Katoomba RA2 licence area (Service Licence No. SL1150185) with a listed centre frequency of 89.1 MHz and associated transmitter technical specifications (Schedule Two and Attachment 2.2).  \n- The Schedules identify service category, status (for reference), frequency (for reference), service licence numbers, transmitter specification numbers, attachment references and the general area served.  \n- A disclaimer records that frequency availability is based on interference modelling (which has limits) and warns prospective applicants to obtain independent technical advice; the Authority disclaims liability for interference.\n\nWho is affected and how\n\n- Existing licence‑holders named in the Schedules (the commercial and community licensees) are the primary beneficiaries: they have recognised service slots and technical parameters recorded.  \n- Prospective broadcasters (aspirant commercial or community operators) are affected because the Determination shows where new licences are available or already taken (status column) and what frequencies and technical constraints apply.  \n- Technical operators and engineers must design and operate transmitters to the technical specifications referenced in the Attachments.  \n- Listeners and advertisers are indirectly affected because the Determination fixes how many local commercial and community services are available (one of each) in the Katoomba area, which influences local supply of radio content and local advertising inventory.\n\nWhy it matters (purpose claims and practical tests)\n\n- The stated legal purpose is to implement the licence area planning function in the Broadcasting Services Act 1992 by identifying what services and technical parameters apply in Katoomba (see opening paragraph and Schedules). That is, it operationalises spectrum allocation at the local level.  \n- Practical consequences: by recording one commercial slot and one community slot, the instrument constrains how many licensed FM services may operate under the Act in the specified Katoomba areas; that has direct effects on market entry, the number of local broadcasters, and the technical limits within which they must operate (Schedules and Attachments).  \n\nCosts, incentives and trade‑offs (concrete mechanisms)\n\n- Who pays: licence‑holders and applicants bear the costs of complying with technical specifications, procuring and operating transmitters, and obtaining independent technical advice where recommended by the disclaimer. The Determination itself does not set licence fees.  \n- Concentrated benefits: identifiable licensees (the two services listed) receive a clearly defined benefit — recorded entitlement to operate on the listed channels within the technical parameters.  \n- Diffuse costs: potential entrants, other spectrum users and listeners face indirect costs — reduced local competition for commercial spectrum and the risk of interference from imperfect modelling of terrain and propagation.  \n- Compliance burden: applicants and operators must meet the technical specifications in the Attachments and should undertake pre‑application technical checks (disclaimer, Schedules).  \n- Bureaucratic discretion and implementation risk: the Australian Broadcasting Authority (ABA) decides the plan and technical attachments; the disclaimer acknowledges modelling uncertainty (topography and other data limitations), creating implementation risk (possible interference and the need for corrective technical measures).  \n- Effects on private choice and markets: limiting the area to a single commercial licence reduces the number of potential local commercial operators; that reduces local competitive pressure among terrestrial broadcasters but does not prevent listeners using other stations or platforms. Community broadcasting is preserved by allocating a community slot.  \n- Rent‑seeking/capture risk: because the benefits are concentrated (specific licence slots), there is an incentive for interested parties to lobby or pursue those specific allocations — the document itself does not describe the allocation process or criteria.  \n\nOperational notes and limits\n\n- Status and frequency columns are included for information only and are explicitly stated not to form part of the licence area plan decision (Schedules).  \n- The Determination relies on separate Attachments for detailed transmitter technical specifications; applicants must consult those Attachments for exact engineering limits.  \n- The disclaimer makes clear that frequency assignment is model‑based and cannot be guaranteed interference‑free; the Authority and Minister disclaim liability.\n\nBottom line (simple): This is a location‑specific spectrum allocation instrument. It records one commercial and one community FM broadcasting service for the Katoomba licence areas, references the technical specifications that operators must follow, and warns users that technical feasibility depends on modelling and local conditions. It determines who can operate locally on those FM channels and sets the technical framework they must comply with."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a specific, narrow administrative determination for the Katoomba radio licence area. It has not expanded beyond its original purpose of allocating specific commercial and community radio services for this geographic area."},"complexity_factors":["Short, single-purpose document (only 2 services covered)","Minimal defined terms (only standard broadcasting terminology)","Simple tabular structure with clear column definitions","No nested conditional logic or cross-referencing between multiple legislative provisions","References to external attachments for technical specifications (which are not included in this excerpt)","Straightforward administrative determination under a single section of the Broadcasting Services Act 1992 (subsection 26(1))"],"plain_english_summary":"This document is a **Licence Area Plan** made by the Australian Broadcasting Authority (ABA) in December 1999. It sets out the rules for radio broadcasting in the Katoomba area of New South Wales.\n\n**What it does:**\n- **Allocates radio frequencies** for two specific radio services in Katoomba:\n  - **One commercial radio service** on 96.1 MHz (already licensed to a specific operator)\n  - **One community radio service** on 89.1 MHz (already licensed to a specific operator)\n\n**Key details:**\n- It specifies the **technical requirements** for each transmitter (power, location, coverage area)\n- It defines the **geographic licence area** using 1996 Census boundaries from the Australian Bureau of Statistics\n- It includes a **disclaimer** that frequency availability is based on theoretical predictions and the ABA cannot guarantee freedom from interference\n\n**Who it affects:**\n- Radio broadcasters operating in or wanting to operate in Katoomba\n- Listeners in the Katoomba area\n- Anyone applying for a radio licence in this region\n\n**Why it matters:**\nThis plan prevents radio stations from interfering with each other by controlling who can broadcast on which frequency and where. It ensures orderly use of the limited radio spectrum (the range of frequencies available for broadcasting)."}},"importantCases":[],"_links":{"self":"/api/acts/licence-area-plan-katoomba-radio-december-1999","history":"/api/acts/licence-area-plan-katoomba-radio-december-1999/history","analysis":"/api/acts/licence-area-plan-katoomba-radio-december-1999/analysis","conflicts":"/api/acts/licence-area-plan-katoomba-radio-december-1999/conflicts","importantCases":"/api/acts/licence-area-plan-katoomba-radio-december-1999/important-cases","documents":"/api/acts/licence-area-plan-katoomba-radio-december-1999/documents"}}