Licence Area Plan - Ballarat (Radio) - August 1997

The central concept is a Licence Area Plan itself: a statutory instrument under Part 3 of the Broadcasting Services Act 1992 that determines the number and characteristics of broadcasting services to be made available in a particular area using the broadcasting services bands. The plan is binding on the regulator and licensees. Two distinct licence areas are created: Ballarat RA1 (for commercial and national services) and Ballarat RA2 (for community services). Each licence area is defined by a list of Australian Bureau of Statistics (ABS) geographical units , cities, shires, and collection districts , as at the 1991 Census, with associated population counts. This means the legal boundary is not a map but a set of administrative boundaries that can be identified precisely. Service categories are a key concept: national services (ABC and SBS, which do not need individual service licences), commercial services (advertising-funded, requiring a service licence), community services (non-profit, requiring a service licence), and open narrowcasting services (targeted to limited audiences, operating under a class licence and thus no service licence number). Technical specifications form another core concept: each transmitter is described by a transmitter specification number (TS), a nominal location with Australian Map Grid coordinates, a site tolerance (referenced to Technical Planning Guidelines), an emission band and mode (VHF-FM or MF-AM), a carrier frequency, polarisation (mixed or vertical), maximum antenna height, and a radiation pattern expressed as effective radiated power (ERP) in watts or kilowatts at stated bearings, or current moment (CMF) for AM. The radiation pattern may be directional (with different ERP in different sectors) or omnidirectional (equal in all azimuths). The “general area served” is a descriptive label (e.g., “Ballarat (Lookout Hill)”), not a legal definition, but it indicates the intended coverage centre. Where multiple transmitters serve a single licence (as with commercial SL10365 having both an AM transmitter near Ballarat and an FM translator at Daylesford), the plan identifies each separately. Service licence numbers (SL) are allocated only for commercial and community services; national and open narrowcasting show “N/A”. The plan also distinguishes between the transmitter site tolerance, which is not specified in the document but refers to external Technical Planning Guidelines. The concept of “open narrowcasting” is distinct from broadcasting: it means a service intended for limited reception (such as a tourist information service) and not generally available to the public, though still using the broadcasting services bands. The plan was determined by the Australian Broadcasting Authority, which has since been replaced by the Australian Communications and Media Authority (ACMA). The determination date of August 1997 means the plan reflects the regulatory and technical assumptions of that era.

The plan directly affects holders of existing radio broadcasting licences in the Ballarat region. Three commercial licensees are identified: SL10365, SL10364, and SL10284. Two community licensees are identified: SL10285 and SL1150001. National broadcasters (the ABC and SBS) are affected as operators of the three national services on the allocated frequencies, though they do not hold service licences for them. The open narrowcasting service operator (which may be any person who meets class licence conditions) is affected by the allocation of 97.5 MHz. The plan also affects any person or entity who wishes to operate a new radio service in the Ballarat area, because the spectrum is fully allocated under this plan; no new commercial, community, or national service can be introduced without a variation of the LAP or a new LAP. The plan affects the regulator (then ABA, now ACMA) which must administer licences within the parameters set and can only vary the plan under section 26(3) of the Broadcasting Services Act. The plan affects the 109,166 persons estimated to reside in the RA1 licence area and 94,653 persons in RA2 (based on 1991 census figures). However, these numbers are now outdated; current residents may be in areas that were not part of the original licence area definition, or the population may have grown beyond the licensed capacity. The plan affects inhabitants in towns such as Daylesford, which receives a dedicated FM translator for commercial service SL10365. Landowners and tower operators are affected: the transmitter site at Lookout Hill is an NTA tower (likely a National Transmission Agency site); the Mt Warrenheip site is a communal tower. Any changes to these sites would require compliance with the plan or a variation. Advertisers and community groups who use or rely on these radio services are indirectly affected, because the coverage area and signal strength are determined by the plan’s technical parameters. The plan also affects potential applicants for new licences: they must demonstrate that the existing plan cannot accommodate their proposal, or they must seek a variation, which is a costly and uncertain process. Equipment suppliers and radio engineers must work within the prescribed frequencies and power limits. The plan’s ageing boundaries may affect local content obligations under the Broadcasting Services Act, which are tied to licence areas. Finally, the plan affects listeners who move into new subdivisions outside the original ABS boundaries: they may not be legally within the licence area even if they receive a signal, which could affect how the regulator measures compliance with coverage obligations.

The Licence Area Plan itself creates few direct duties or rights; it is a planning instrument that defines the parameters within which duties and rights under the Broadcasting Services Act 1992 operate. The primary right conferred by the plan is the right of a licensee (or national broadcaster) to operate a broadcasting service using the specific frequency, power, site, and radiation pattern set out in the plan, within the defined licence area. Conversely, the plan imposes a duty on licensees to operate only within those technical parameters. For example, commercial licensee SL10365 must use 1314 kHz AM from its Ballarat site and 98.7 MHz FM from Daylesford, at the specified power levels and patterns. Exceeding the ERP limits in certain bearings would be a breach. The plan also imposes a duty on the regulator to not issue a licence that would conflict with the plan. Under section 26(3) of the Act, the regulator has the right to vary a LAP, but must follow procedural requirements. Licensees have the right to apply for a variation, but no guarantee of success. The plan implicitly gives existing licensees a degree of security: new entrants cannot simply use the same frequencies. For the open narrowcasting service, the plan allocates spectrum but does not create an individual licence; the operator has the right to use 97.5 MHz under class licence conditions, but must comply with those conditions (not set out in the plan). Community licensees have the right to operate non-profit services within RA2, but must also meet community broadcasting obligations under the Act. The plan does not create any rights for the general public to access these services (other than through normal reception). It does, however, give the regulator the duty to ensure that the service categories are adhered to: for example, a commercial licensee cannot reclassify as a community service without a plan variation. The plan also implies a duty on licensees to not cause interference to other services on the same frequency in adjacent areas, although interference management is more directly dealt with by the Radiocommunications Act 1992. Because the plan uses 1991 ABS boundaries, licensees have a duty to serve the area described, but there is ambiguity about serving populations that have moved out of those boundaries. The plan does not set any programming or content duties; those arise from the licence conditions and codes of practice.

The Licence Area Plan does not itself contain penalty provisions. Enforcement for non-compliance with the plan arises under the Broadcasting Services Act 1992 and potentially the Radiocommunications Act 1992. If a licensee operates outside the technical parameters set by the plan , such as using a higher ERP than specified, changing the radiation pattern, using a different frequency, or transmitting from an unauthorised site , the regulator (ACMA) can take enforcement action. Under the Broadcasting Services Act, the ACMA may issue remedial directions, impose additional licence conditions, suspend or cancel a licence, or seek civil penalties. The maximum civil penalty for a breach of a licence condition (which includes compliance with the LAP) is not specified in the plan but is set by the Act, and can be substantial (hundreds of thousands of dollars for corporations). Operating a service that is not provided for in the plan (e.g., an unplanned commercial service) could be an offence under section 46 of the Act (unlicensed broadcasting) which carries penalties including imprisonment. For the open narrowcasting service, a breach of class licence conditions could lead to a direction to cease operation. The plan’s technical specifications are likely enforced through the transmitter licence regime under the Radiocommunications Act. The ACMA may inspect transmitter sites, conduct field strength measurements, and investigate interference complaints. If a licensee causes interference to another service, the ACMA can order the interfering party to rectify the problem at its own cost. The plan’s reliance on site tolerances (referencing Technical Planning Guidelines) means that failure to adhere to those guidelines could be enforced, but the guidelines themselves are external. The plan does not mention any enforcement history specific to the Ballarat LAP, and no penalties are listed in the document. However, any deviation from the plan that results in a breach of the Act could lead to loss of licence, which is effectively the most severe penalty. The regulated entity should note that penalties can also apply to directors and officers for corporation breaches. Because the plan is from 1997, some technical standards may have changed, and what was compliant then may not be compliant with current enforcement practices if the plan has not been updated. The ACMA has discretion in enforcement, but systematic non-compliance with a LAP is typically treated as a serious matter.

The Licence Area Plan is made under the Broadcasting Services Act 1992 and operates as a legislative instrument within that Act’s framework. Section 26(1) empowers the regulator to determine a plan; subsection 26(3) allows variation. The plan must be consistent with the objects of the Act set out in section 3, which include promoting diversity, ensuring adequate coverage, and encouraging competition. The plan interacts with the licensing provisions in Part 4 of the Act: commercial and community licences are issued only if they are consistent with the applicable LAP. The Radiocommunications Act 1992 is the primary law governing the use of radio spectrum and the licensing of transmitters. The technical specifications in the LAP (frequencies, power, antenna height) must be reflected in the transmitter licences issued under that Act. A transmitter cannot lawfully operate without both a service licence (for commercial/community) or class licence compliance (for open narrowcasting) AND a transmitter licence under the Radiocommunications Act. The plan’s frequencies are allocated within the broadcasting services bands defined under the Radiocommunications Act. The plan also interacts with the Australian Communications and Media Authority Act 2005, which establishes ACMA as the successor to the ABA and confers its powers. Environmental and planning laws may apply to the transmitter sites, but the plan does not address them. The use of ABS census data means the plan interacts with the Census and Statistics Act 1905 for boundary definitions. For open narrowcasting, the Broadcasting Services (Class Licences) Determination sets out the conditions under which such services operate; the LAP provides the frequency allocation but not the class conditions. The plan does not override or replace any provisions of the Competition and Consumer Act 2010, but broadcasters must still comply with competition laws regarding advertising markets and acquisitions. The plan may also intersect with local content requirements under the Broadcasting Services Act: commercial licences in regional areas often have minimum local content conditions, and those conditions refer back to the licence area defined in the LAP. The plan’s outdated 1991 census boundaries could create tension with later legislative changes that define regional areas differently for other purposes, such as for local news obligations. The plan does not mention any interaction with telecommunications laws, but the transmitter sites may be shared with telecommunications towers, leading to potential lease or access issues. The plan’s radiation patterns must comply with electromagnetic radiation exposure standards under the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields (ARPANSA), though that is not referenced in the plan. The plan also does not address any native title or heritage issues that might arise at transmitter sites, but such laws would apply independently.

The document itself is the final determination of a Licence Area Plan dated August 1997. It contains no information about any earlier drafts or subsequent amendments. Under the Broadcasting Services Act 1992, a Licence Area Plan can be varied by the regulator (now ACMA) under subsection 26(3). Variations may be initiated by the regulator or following an application by a licensee or other interested party. Given that this plan is over 25 years old, it is highly likely that it has been amended or replaced. Common reasons for variation include adding new services (e.g., a new community licence), adjusting technical parameters (e.g., to accommodate digital radio), or updating licence area boundaries to reflect population changes. The 1991 census data is obsolete; the ABS has conducted several subsequent censuses (1996, 2001, 2006, 2011, 2016, 2021). It is possible that the regulator has issued a new LAP for Ballarat or simply varied this one. This specific source provides no amendment history, and any practitioner must check the Federal Register of Legislation for the current version. The determination notes that it is “Final”, which suggests it was the culmination of a planning process, but that does not preclude later variation. The document includes service licence numbers with varying formats: SL10284, SL10364, SL10365, SL10285 are five-digit numbers; SL1150001 is seven-digit. This suggests that SL1150001 may have been allocated later or from a different series, but it is included in the original 1997 plan. Without cross-referencing with ACMA records, it is not possible to know if those licences have been surrendered, cancelled, or transferred. The plan also does not show any amendment number or version history on its face. A diligent researcher should also check whether the plan has been revoked and replaced by a newer instrument. The absence of an amendment history in the source does not mean no amendments exist; it simply means they are not recorded in this document.

The source document contains no reference to any litigation, court proceedings, or legal challenges involving this Licence Area Plan. There is no case name, citation, or mention of any appeal or review. This is not unusual for a planning instrument of this kind. Licence Area Plans are legislative instruments and can be challenged under the Administrative Decisions (Judicial Review) Act 1977 or under the Constitution if there is a jurisdictional issue. However, most LAPs are made after a public consultation process and are rarely litigated. If there were any challenges to the Ballarat LAP, they would likely concern the regulator’s decision to allocate a particular frequency to a particular service, or the definition of the licence area boundaries. For example, a community group that applied for a licence but was not allocated spectrum under this plan might have sought judicial review. Alternatively, a commercial competitor might have challenged the technical parameters as allowing interference, or a local council might have objected to the transmitter site. None of this appears in the document. The absence of litigation history in the source does not prove no litigation occurred; it only means the document does not record any. A practitioner should search legal databases (e.g., AustLII, Westlaw) for cases citing this specific LAP (e.g., “Ballarat RA1” or “SL10365”). It is possible that the plan has been referenced in licence-condition disputes, but that would be tangential. Because the plan is from 1997, any litigation would likely have been resolved long ago. The source itself provides no information on whether the plan was ever subject to an inquiry or review by the Administrative Appeals Tribunal. Therefore, the safest statement is that no litigation history is provided in this instrument. The reader should treat this as an absence of evidence, not evidence of absence.

Several aspects of this Licence Area Plan could trap the unwary practitioner. First, the licence area boundaries are based on ABS 1991 Census collection districts and shires. These boundaries may not correspond to current local government areas or postal boundaries. A person residing in what is now considered Ballarat may not be within the licence area if their suburb was outside the 1991 definition. For example, some collection districts (e.g., Vic CD 072303) are now obsolete. This means licensees cannot assume that anyone receiving their signal is within the licence area, and the regulator may assess coverage obligations based on these old boundaries. Second, the “general area served” column (e.g., “Ballarat (Lookout Hill)”) is descriptive and not legally defining; the actual licence area is the ABS list. A licensee focusing solely on the description might inadvertently claim coverage beyond the legal area. Third, the site tolerance is stated as “Refer to Technical Planning Guidelines” but those guidelines are not attached. The permitted deviation from the nominal map grid coordinates is unknown without locating those guidelines. Fourth, the open narrowcasting service (97.5 MHz) has a radiation pattern that reduces ERP from 400 W to 80 W between 85° and 95° true bearing. This narrow null is precise; if the antenna is misaligned even slightly, the power reduction may not occur at the intended azimuth, risking interference or non-compliance. Fifth, the AM commercial service (1314 kHz) uses a complicated current moment pattern with notches (e.g., 100 V at 63°T). Achieving such precise nulls in an AM antenna array is difficult and requires regular maintenance; any sag or detuning changes the pattern. Sixth, the plan allocates three national frequencies but does not specify which national broadcaster uses which. If the ABC and SBS have swapped assignments, the plan is still valid as long as a national service occupies the frequency. But a new national service would need a variation. Seventh, the two community licences are both on the same transmitter site with the same power and polarisation but different frequencies; they could potentially interfere with each other if filtering is inadequate. Eighth, the population figures (109,166 and 94,653) are only indicative based on 1991 data. The actual population may be larger, and this could affect whether the services meet the “adequacy of coverage” test under the Act. Ninth, the plan does not address digital radio. If the Ballarat area now has digital radio (DRM or DAB+), it would require a separate planning instrument or variation, and this LAP cannot be used for digital assignments. Tenth, the plan is from August 1997, and the Australian Broadcasting Authority no longer exists. Any correspondence or licence variations would be with ACMA, and the ABA’s logo on the document is now historic. Finally, the plan is a PDF scan with an image (not machine-readable); the coordinates are given in Australian Map Grid (AMG) zone 54 or 55, which is a pre-1994 datum; modern coordinates may differ slightly due to conversion to GDA94 or GDA2020. Site surveys should account for the datum shift.

Compliance with this Licence Area Plan requires licensees and operators to ensure their transmission systems exactly match the technical specifications set out in the relevant attachment. The first step is to identify the correct service licence number and transmitter specification number. For each transmitter, compare the carrier frequency, polarisation, maximum antenna height, and radiation pattern (ERP or CMF at each bearing). For commercial licence SL10365, there are two transmitters: the AM transmitter near Ballarat (1314 kHz, TS10003792) and the FM translator at Daylesford (98.7 MHz, TS10005966). Both must be compliant simultaneously. The AM transmitter must produce a current moment (CMF) that follows the pattern: 1.1 kV from 0-60°, 560 V from 60-180°, with specific notches at 63° (100 V), 103° (530 V), and so on. Achieving this requires precise adjustment of the antenna tuning unit and phasing equipment. Regular field strength measurements in each bearing sector should be conducted to verify compliance. For FM transmitters, the ERP must not exceed the values at any bearing; for example, the community services (103.9 MHz and 99.9 MHz) have 3 kW ERP omnidirectional, so no directional shaping is permitted. The commercial FM services from Warrenheip (102.3 MHz and 103.1 MHz) have directional patterns: 10 kW from 0-100°, 3 kW from 100-260°, 20 kW from 260-360°. These require careful antenna design and orientation; the antenna must be rotated to align with the specified bearings. Site location must be within the tolerance allowed by the Technical Planning Guidelines (which should be obtained from ACMA). The nominal AMG coordinates must be used as a reference, and any deviation beyond the tolerance must be rectified or require a variation. Licensees must also ensure that the service category is correct: a commercial service cannot broadcast community programming or vice versa. For the open narrowcasting service, the operator must satisfy class licence conditions (e.g., the service must be targeted to a limited audience, such as tourist information) and must not exceed the ERP pattern (400 W except 80 W between 85-95°). National broadcasters do not need a service licence but must still comply with the technical parameters and coordinate with ACMA for transmitter licences. All licensees should maintain a compliance manual that includes the LAP specifications, and appoint a responsible person to oversee transmitter operations. Any proposed change (frequency, site, power, antenna pattern) requires a variation of the LAP before implementation, which involves applying to ACMA, public consultation, and a decision process; it cannot be done under the existing plan. Regular audits (annually at minimum) should compare actual transmitter performance against the LAP. Documentation of the survey results, antenna calibration, and site inspections should be kept for regulatory review. If any non-compliance is discovered, the licensee should self-report to ACMA and seek a solution (often a variation to regularise the situation if minor). Because the plan is from 1997, it is also prudent to check whether a newer LAP has been made for the Ballarat region; operating under a superseded instrument would be non-compliant. Finally, all licensees should be aware that the licence area (the ABS-defined area) determines where they may target their service; advertising and community outreach must be directed within that area, though incidental reception outside is generally permissible.