Licence Area Plan - Carnarvon Radio

The plan introduces several key concepts drawn from the BSA and from spectrum management practice. Licence area plan is the central concept: it is a legislative instrument that defines a geographic area and the number and type of broadcasting services to be made available in that area using the broadcasting services bands. The Carnarvon plan defines the licence area as CARNARVON RA1, which is described in Attachment 1.1 (a map or boundary description that is not reproduced in the source text but is incorporated by reference).

Service category is the classification of a broadcasting service into one of three types relevant here: national, commercial, or open narrowcasting. National services are operated by the Commonwealth or its nominees (in practice, the ABC and SBS) and do not require a service licence - they appear as “N/A” in the service licence number column. Commercial services are those operated for profit and require a service licence issued by ACMA; the plan shows two distinct licences: SL10338 (covering three transmitters at 666 kHz (Carnarvon AM), 102.1 MHz (Denham) and 98.7 MHz (Onslow)) and SL10012 (covering 99.7 MHz (Carnarvon FM), 105.3 MHz (Denham) and 100.3 MHz (Onslow)). Open narrowcasting services are targeted at specific audiences (e.g., tourist information, racecourse broadcasts) and are also designated “N/A” in the service licence column, because they operate under a class licence rather than an individual licence.

Transmitter specification is a critical operational concept. Each allocated frequency is linked to a transmitter specification number (e.g., TS10001800 for the national AM service at Carnarvon). These specifications are contained in the attachments (Attachments 1.2 through 1.17). They set out the technical parameters such as transmitter power, antenna height and pattern, modulation type, and frequency tolerance. Compliance with these specifications is essential to prevent interference with other services. The plan does not recite the technical details, but it makes clear that the transmitter specification forms part of the plan and is binding.

Geographic area served is another key concept. The plan lists four towns: Carnarvon, Exmouth, Denham, and Onslow. Each transmitter is assigned to a specific area served. However, the licence area is broader - CARNARVON RA1 - so the coverage from each transmitter may extend beyond the named town. The area served column likely indicates the primary community of interest for that transmitter, not its technical coverage contour.

The plan also relies on the concept of amendment by reference. Clause (3)(a) and (b) provide that references to other instruments include those instruments as amended from time to time. This means the plan incorporates future changes to attachments or to the BSA without requiring a new instrument. This is efficient for a technical document but imposes a monitoring burden on affected parties.

Finally, the Schedule One table is the core allocation table. It lists 16 entries (though only 12 services are explicitly counted by clause (2) - the national services are grouped). The schedule shows which frequencies are paired with which licences and transmitter specs. It reveals that commercial licence SL10338 has both an AM frequency (666 kHz) and two FM frequencies, indicating a regional network serving multiple towns from a single licence.

The plan directly affects a relatively narrow group: existing and prospective broadcasting licensees in the Carnarvon region, the ACMA as the regulator, and the ABC and SBS as operators of national services. Indirectly, it affects listeners, advertisers, equipment suppliers, and persons wishing to establish new broadcasting services in the area.

For commercial broadcasters, the plan is both an entitlement and a constraint. The two commercial service licences (SL10338 and SL10012) each have a set of allocated frequencies and transmitter specifications. The licensee of SL10338, for example, can operate transmitters at Carnarvon (AM 666 kHz and FM 99.7 MHz - wait, 99.7 MHz is under SL10012; SL10338 is 666 kHz, 102.1 MHz Denham, 98.7 MHz Onslow). The plan gives them the exclusive right to use those frequencies within the prescribed technical limits, but it also prevents them from varying their frequency, power, or location without a variation to the plan. This creates certainty for business planning but also locks in a specific technical configuration that may become outdated or uneconomic.

For national broadcasters, the plan allocates seven frequencies. The ABC and SBS do not hold service licences, so they are not named, but they must operate within the plan’s technical specifications. They are affected in the same way as commercial licensees: they cannot deviate from the assigned parameters.

For open narrowcasting operators, the plan designates three frequencies (96.5 MHz Carnarvon, 95.7 MHz Exmouth, 101.9 MHz Onslow) but no service licence number - these services operate under a class licence under the BSA. Anyone who satisfies the class licence conditions can use these frequencies, but the plan effectively caps the number of open narrowcasting services in the area at three (plus any others that may share frequencies under the class licence, though the plan allocates specific frequencies so sharing is unlikely). This limits entry for new narrowcasting services unless spectrum becomes available.

For ACMA, the plan is a binding constraint on its licensing powers. Under s 26 of the BSA, ACMA must not issue or vary a licence in a way that is inconsistent with the applicable licence area plan. If a broadcaster wants a new service or a frequency change, ACMA must first vary this plan. This gives ACMA a gatekeeping role but also imposes a procedural burden: variations require public consultation and legislative instrument formalities.

For listeners and advertisers, the plan affects the range and quality of available services. The allocation of only two commercial services (and that through two licences but potentially only two operators) limits competition in the local radio advertising market. Advertisers in Carnarvon, Denham, and Onslow have fewer options than they would in a larger metropolitan area. The plan’s technical specifications also determine coverage: if a transmitter is low-power or poorly sited, some listeners may receive a weak signal, reducing the effective choice.

For aspiring broadcasters not holding a licence, the plan acts as a barrier to entry. The spectrum is fully allocated: there is no room for a third commercial service or a fourth narrowcasting service without a variation. Anyone wishing to start a new radio service must either acquire an existing licence (if transfer is permitted under the BSA) or lobby ACMA to vary the plan, which is a costly and uncertain process. This entrenches incumbent operators and reduces the dynamism of the local broadcasting market.

Equipment suppliers and installers are affected because the transmitter specifications may mandate particular equipment standards. If a transmitter specification is updated (e.g., to a new digital standard), suppliers and broadcasters must invest in new kit.

The plan itself creates few direct duties or rights; most flow from the BSA and the licence conditions. However, the plan establishes a framework that imposes the following.

Duty to operate within technical parameters. Each licensee or operator of a service listed in Schedule One must ensure that its transmitter complies with the transmitter specification referenced in the plan. For example, the operator of the commercial service on 102.1 MHz Denham (SL10338) must ensure that its transmitter meets the parameters in TS12000015 (Attachment 1.10). This duty arises indirectly through the licence conditions and the BSA’s prohibition on causing interference. Failure to comply could lead to ACMA issuing a direction or varying the licence.

Right to use the allocated frequency. The plan confers on each service licence holder (for commercial services) a right to use the specified frequency at the specified location, subject to technical compliance and any other BSA requirements. For national services, the right is held by the Commonwealth operator. For open narrowcasting, the right is shared by anyone who satisfies the class licence, but only on the specified frequency. This right is not absolute: it can be altered by a variation to the plan, but such a variation would require ACMA to follow due process and may trigger compensation claims under the BSA if a licence is adversely affected.

Duty not to cause unacceptable interference. While not explicit in the plan, the technical specifications in the attachments are designed to ensure that each service does not interfere with others operating on the same or adjacent frequencies within the licence area or with services in adjacent licence areas. The plan thus imposes a de facto duty to maintain good neighbourly spectrum use. If a broadcaster deviates from its transmitter specification and causes interference, ACMA can take enforcement action.

Right to be consulted on variations. Under the BSA and the Legislative Instruments Act provisions, ACMA must undertake public consultation before varying a licence area plan. This gives existing licensees and other stakeholders a procedural right to comment on any proposal that would affect their allocated spectrum. This right reduces the risk of arbitrary changes but also imposes delay and uncertainty.

Duty to keep abreast of amendments. Clause (3) of the plan provides that references to attachments include those attachments as amended from time to time. This means that if ACMA amends a transmitter specification (e.g., to correct an error or update a technical standard), the plan’s requirement automatically changes. Licensees have a duty to monitor the Federal Register of Legislation for such amendments. There is no grace period in the plan; the amendment takes effect on registration. This creates a compliance trap for inattentive station managers.

No duty to broadcast. The plan does not require any licensee to actually operate its service. A commercial licensee could sit on its licence and not broadcast, subject to the BSA’s provisions about licence renewal and suspension. The plan merely reserves the spectrum; it does not compel use.

Right to transfer or surrender licences. The plan does not address the transfer of service licences. Those rights come from the BSA. However, the plan’s allocation of specific frequencies to specific licences means that a transfer of a licence would also transfer the right to use those frequencies, subject to ACMA approval.

The Licence Area Plan - Carnarvon Radio contains no penalty provisions. It is a legislative instrument that sets out allocations and technical parameters. Enforcement powers arise from the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 (Cth). The following penalties and enforcement mechanisms are relevant in practice.

Under the BSA, operating a broadcasting service without a licence or in a manner inconsistent with a licence area plan can attract civil penalties. Section 132 of the BSA provides for penalties of up to 5,000 penalty units for a body corporate (currently over $1 million) for operating an unlicensed service. If a service is licensed but uses a frequency not allocated in the plan, it is likely operating outside its licence, triggering the same penalty.

The Radiocommunications Act 1992 is more directly relevant to technical non-compliance. Section 46 of that Act prohibits operating a radiocommunications device otherwise than in accordance with a licence or a class licence. The technical specifications in the plan’s attachments form part of the conditions of the licence or class licence. If a commercial broadcaster transmits at a power exceeding that in the transmitter specification, it may be in breach of s 46, which carries a maximum penalty of 200 penalty units for an individual (about $44,000) and 1,000 penalty units for a body corporate (about $220,000) under the current value of a penalty unit ($220). Higher penalties apply if the breach causes interference to safety services.

ACMA has enforcement powers under both Acts. It can issue remedial directions, suspend or cancel licences, and seek injunctions from the Federal Court. The plan itself does not create a right of private action; only ACMA can enforce compliance. However, a competitor could complain to ACMA about interference, prompting action.

For national broadcasters (ABC and SBS), enforcement is less straightforward. They are exempt from some provisions of the BSA but must still comply with the Radiocommunications Act. ACMA’s enforcement options against a national broadcaster are limited to negotiation and direction, but the ABC’s charter and independence constrain ACMA’s ability to impose penalties.

Open narrowcasting operators using class licences face the same penalties under the Radiocommunications Act if they deviate from the technical specifications. Since there is no individual licence to suspend, ACMA’s primary remedy is to issue a direction or seek a court order.

In practice, enforcement is rare for minor technical breaches. The plan’s amendment history shows that ACMA has varied transmitter specifications multiple times, which suggests that compliance issues are often resolved through informal negotiation and plan variations rather than penalty proceedings. However, the theoretical penalties are significant, and a deliberate breach (e.g., a pirate radio station using a frequency reserved for a commercial service) could lead to prosecution.

The plan also indirectly interacts with the Australian Communications and Media Authority Act 2005, which gives ACMA powers to investigate and monitor compliance. ACMA can require a licensee to produce records of transmission parameters. A failure to keep records or to comply with an ACMA direction can itself be an offence.

The plan is a subordinate legislative instrument under the Broadcasting Services Act 1992 (BSA) and must be read in conjunction with that Act and a web of related federal legislation. The most important interaction is with the BSA itself, specifically Part 3 (which deals with licence area plans) and Part 4 (licensing of commercial broadcasting services). Section 26 of the BSA empowers ACMA to determine licence area plans; the plan is the result of that power. Section 27 requires ACMA to ensure that a plan is in place for each licence area. The plan therefore fulfils a statutory obligation.

The BSA also sets out the conditions that apply to commercial broadcasting licences. Section 41 of the BSA provides that a commercial licence is subject to such conditions as are determined by ACMA, and those conditions may include compliance with the relevant licence area plan. Thus, the plan’s allocations become binding on licensees through their licence conditions. If a licensee breaches a plan requirement, it is also in breach of its licence, giving ACMA grounds to suspend or revoke the licence under s 96 of the BSA.

The Radiocommunications Act 1992 governs the actual use of the radiofrequency spectrum. The plan operates within that Act’s framework. Section 100 of the Radiocommunications Act provides that the ACMA may issue spectrum licences for the broadcasting services bands, but licence area plans prevail over general spectrum planning. The technical specifications in the plan’s attachments are likely derived from the ACMA’s Radiocommunications Assignment and Licensing Instruction (RALI) documents. The plan therefore interfaces with the Radiocommunications Act’s prohibition on interference and its enforcement provisions.

The plan also interacts with the Australian Broadcasting Corporation Act 1983 and the Special Broadcasting Service Act 1991. Those Acts establish the ABC and SBS as broadcasters and give them access to national broadcasting services bands. The plan’s allocation of seven national frequencies in the Carnarvon area is the implementation of those broadcasters’ statutory mandates. However, the plan does not require the ABC or SBS to use those frequencies; it merely makes them available. The ABC and SBS must still comply with the Radiocommunications Act technical standards.

The Legislative Instruments Act 2003 (now the Legislation Act 2003) governs the making, registration and tabling of legislative instruments like this plan. The plan was registered on the Federal Register of Legislation and is subject to parliamentary scrutiny and disallowance. Its amendment history shows that it was varied in 2011 and 2017, with each variation being a separate legislative instrument. This interaction means that the plan is relatively easy to amend compared to a statute, but it also means that commercial and national broadcasters must track changes on the register.

State and local government laws may also affect implementation of the plan. For example, planning and zoning laws at the local government level may impose restrictions on the construction of radio towers and transmitter sites. The plan does not override state planning laws; a licensee must still obtain development approval for new transmitter infrastructure. In remote areas like Onslow and Exmouth, state environmental laws (e.g., the Environmental Protection Act 1986 (WA)) may require assessments if a transmitter site is on ecologically sensitive land.

Finally, the plan interacts with competition law and media ownership rules under the BSA. The BSA imposes ownership and control rules for commercial broadcasting licences (e.g., the “two station rule” and foreign ownership restrictions). The plan’s allocation of only two commercial services in Carnarvon means that ownership concentration is a live issue. The plan itself does not restrict who can own SL10338 or SL10012; that is left to the BSA and the Competition and Consumer Act 2010. However, the limited number of services increases the market power of those licensees, which may raise issues of public interest under s 61AF of the BSA (which requires ACMA to report on competition in regional markets).

The Licence Area Plan - Carnarvon Radio has been amended four times since its initial creation. The original plan was made in July 1996 and registered on 10 July 1996, commencing on 11 July 1996. This base plan established the initial allocation of services and frequencies.

The first variation occurred in December 2011: the “Licence Area Plan - Carnarvon (Radio) - Variation - December 2011” was registered on 21 November 2011 and commenced on 22 November 2011. The source’s endnotes do not detail the content of this variation, but the amendment history shows that it repealed and replaced several attachments. This is consistent with a reallocation of frequencies or changes to technical specifications.

The second variation was the “Variation to Licence Area Plan - Carnarvon (Radio) - 2017 (No.1)”, registered on 10 April 2017 and commenced on 11 April 2017. This was a major variation: it repealed and replaced the title, clauses (1) and (2), added clause (3), substituted Schedule One and Schedule Two in their entirety, and replaced all seventeen attachments (Attachments 1.1 through 1.17). The effect was a complete rewrite of the plan, consolidating previous changes and updating technical specs. This variation also created the two commercial service licence numbers (SL10338 and SL10012) that appear in the current schedule.

The third amendment was the “Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1)”, registered on 29 September 2017 and commenced on 30 September 2017. This was a technical amendment that affected the transmitter specifications in the attachments. The amendment history shows that it amended attachments 1.2 through 1.17 by inserting or updating technical parameters, and it also repealed Attachment 1.1.1 (which had been added by the 2001 variation but was now redundant). This amendment likely aligned the Carnarvon plan with updated national technical planning guidelines.

The endnotes also note a 2001 variation (referenced in the amendment history as “No. 1 of 2001”) that added Attachment 1.1.1 and made other changes, but that variation is not listed in the legislation history table for this compilation. It appears that the 1996 plan was varied in 2001, but that variation was later subsumed or repealed by the 2017 variations.

The amendment history reveals that the plan is not static. ACMA has updated it periodically to reflect changes in spectrum usage, technical standards, and commercial demand. The 2017 amendments were particularly extensive, effectively superseding the earlier plan. Practitioners and licensees must ensure they are using the most recent compilation (the one presented in the source) and not relying on outdated versions. The dynamic nature of the plan, combined with the “as amended from time to time” clause (3), means that compliance obligations can shift with each new legislative instrument.

The source text does not mention any litigation history concerning this specific licence area plan. There is no record of court cases that have interpreted or challenged the Carnarvon Radio Licence Area Plan. This is not surprising for a technical planning instrument that operates at a granular level. Challenges to licence area plans under the BSA are rare; they typically arise from disputes over frequency allocation or from licensees aggrieved by ACMA’s refusal to vary a plan.

Possible litigation avenues exist. An aggrieved commercial licensee could seek judicial review of ACMA’s decision to make or vary the plan under the Administrative Decisions (Judicial Review) Act 1977 (Cth). Grounds might include procedural error (e.g., failure to consult) or unreasonableness. Alternatively, a dispute over interference between two licensees could lead to proceedings under the Radiocommunications Act, which might require the court to interpret the plan’s technical specifications.

The absence of litigation history suggests that the plan has been accepted by stakeholders and that ACMA has managed variations without provoking court challenges. It could also indicate that the commercial stakes are relatively low in a small regional market. However, the plan’s allocation of only two commercial licences could be a source of future litigation if a third party seeks entry and is denied. The Communications and Media Law Association has periodically raised concerns about the thin competition in regional radio markets, but no litigation directly concerning the Carnarvon plan has been reported.

Given the source’s silence on litigation, the safest statement is that there is no publicly recorded judicial consideration of this specific plan. This is consistent with the plan’s technical and uncontroversial nature.

Several features of the plan warrant careful attention and may trap the unwary. First, the incorporation by reference in clause (3) is a major source of hidden obligations. The plan itself is only a few paragraphs long, but it incorporates 17 attachments (each containing detailed transmitter specifications) and any future amendments to those attachments. A broadcaster who reads only the plan and not the attachments (or who does not monitor updates) is likely to be non-compliant. For example, the commercial licensee on 99.7 MHz Carnarvon must comply with the parameters in TS10001069 as amended from time to time. If ACMA amends that specification to reduce power or change the antenna pattern, the licensee’s existing transmitter may become non-compliant overnight. There is no grandfathering provision visible in the plan.

Second, the distinction between service licence numbers and frequency allocations may confuse. Two commercial service licences are listed: SL10338 and SL10012. SL10338 operates on three frequencies: 666 kHz (Carnarvon), 102.1 MHz (Denham), and 98.7 MHz (Onslow). SL10012 operates on 99.7 MHz (Carnarvon), 105.3 MHz (Denham), and 100.3 MHz (Onslow). The plan does not clarify whether each frequency requires a separate licence or whether a single licence covers all three transmitters. The table shows the same licence number for multiple frequencies, implying a single licence for multiple sites. However, this could create confusion for licensees who assume each frequency is a separate licence; they may inadvertently think they have multiple licences and try to trade them separately. In fact, the licence is indivisible: SL10338 is one licence with three transmitter sites. Selling or transferring that licence would transfer all three frequencies, which may have implications for local competition.

Third, the open narrowcasting services present compliance risks. The plan lists three open narrowcasting frequencies, but open narrowcasting services operate under a class licence, not an individual licence. The class licence conditions are set out in the Broadcasting Services (Class Licences) Determination. A person using these frequencies must comply not only with the technical specifications but also with content restrictions (e.g., they cannot be used for general audience broadcasting; they must target a specific audience such as tourists or sports fans). A broadcaster who uses 96.5 MHz Carnarvon for a general music service would be in breach of both the plan (by exceeding its service category) and the class licence. The plan does not educate operators about these content conditions; it assumes they will discover them elsewhere.

Fourth, the geographic area served column is ambiguous. The plan lists “Carnarvon” for some transmitters and “Exmouth”, “Denham”, or “Onslow” for others. This likely indicates the primary community the transmitter is intended to serve, not the exclusive coverage area. A licensee could inadvertently limit its audience by focusing only on the named town, or it could be accused of exceeding the plan’s intent if it provides strong service to a neighbouring town. The plan does not define the boundaries of these served areas. A dispute could arise if a commercial service in Denham provides a strong signal into Carnarvon, potentially undermining the Carnarvon service. The plan does not resolve this.

Fifth, the absence of expiry or review dates is a gotcha. The plan does not specify when it will be reviewed or when allocations expire. Under the BSA, licence area plans must be kept under review, but there is no statutory deadline. This means allocations can persist long after they are optimal. An incumbent licensee may hold a frequency for decades without competition, while a potential entrant must wait for a plan variation. This creates regulatory inertia.

Sixth, the risk of frequency re-use or interference from unlicensed devices is not addressed. The plan allocates frequencies, but it does not guarantee interference-free operation. Unlicensed devices, particularly in remote areas, could cause interference. A licensee who experiences interference has to rely on ACMA enforcement, which may be slow. The plan provides no direct remedy.

Seventh, the amendment history shows that the schedule was completely replaced in 2017. Anyone relying on a pre-2017 version of the plan would be using an instrument that no longer has legal effect. Yet some old references may still circulate online. A thorough compliance check must confirm that the current compilation is used.

Compliance with the Licence Area Plan - Carnarvon Radio is not a standalone obligation; it must be integrated with compliance under the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. The following steps apply to different parties.

For commercial broadcasters holding SL10338 or SL10012: The first step is to obtain the full current plan from the Federal Register of Legislation, including all 17 attachments. The licence deed or the BSA licence conditions will likely state that the licensee must comply with the relevant licence area plan. The licensee should check that its transmitters are set to the exact frequency, power, and antenna configuration specified in the relevant transmitter specification. This may require a technical audit by a qualified engineer. If the transmitter is an older model, it may not meet updated spec parameters; the licensee must then apply to ACMA for a deviation or upgrade the equipment.

Because the plan incorporates amendments by reference, the licensee must monitor the Federal Register for any amendments to the attachments. It is prudent to set up an email alert for “Carnarvon” on the register. When an amendment is registered, the licensee should assess whether its transmitter needs adjustment. It should also keep a compliance log showing that it is using the current transmitter specification number.

The licensee must also comply with the service category. The plan designates the licence as “Commercial”. The BSA’s definition of a commercial broadcasting service (s 14) requires that the service be operated for profit or as part of a profit-making enterprise. The licensee’s programming, advertising sales, and financial structure must align with that. Converting the service to a narrowcasting format or a community service would breach the plan and the licence.

For national broadcasting operators (ABC/SBS): The obligations are similar but enforced under the ABC and SBS Acts. The national broadcaster should obtain the transmitter specifications for its allocated frequencies (846 kHz, 1188 kHz, 107.7 MHz Carnarvon, etc.) and ensure technical compliance. Because national broadcasters are not subject to commercial licence conditions, they have less risk of licence suspension, but they still face Radiocommunications Act penalties for interference. They should monitor plan amendments as commercial licensees do.

For open narrowcasting operators: The compliance burden is lower in one sense (no individual licence), but higher in another because the class licence imposes additional content and technical conditions. The operator should first confirm that its intended service fits the definition of “open narrowcasting” under the BSA (targeting a special interest group, limited duration, or restricted location). It must then ensure that its transmitter meets the relevant attachment (e.g., TS10005188 for 96.5 MHz Carnarvon). Because there is no ACMA monitoring of class licences, the operator bears the risk of non-compliance; if a complaint is made, ACMA will investigate and could issue a direction to cease operation.

For ACMA: Compliance for the regulator means ensuring that no licence is issued or varied inconsistently with the plan. When processing applications for new services or spectrum, ACMA must check the plan first. If the plan is full, ACMA must initiate a variation process. ACMA should also periodically audit transmitters to ensure technical compliance, though in practice such audits are rare in remote areas.

General compliance tips: Maintain copies of the current attachments; tag them with the date of variation. If the transmitter specification calls for a certain effective radiated power and antenna height, physically measure these parameters annually. Keep records of any minor changes (e.g., antenna tuning) that are within the specification. If ACMA conducts a compliance audit, be prepared to produce the plan, the attachments, and evidence of ongoing monitoring. Join industry bodies (like Commercial Radio Australia) that often alert members to plan changes.

Finally, if a licensee believes the plan is no longer suitable (e.g., population shift, new technology), it can apply to ACMA for a variation. This is a long process but is the legitimate route to change allocation. Attempting to operate outside the plan invites enforcement action.