Licence Area Plan - Central Tablelands (Radio) - June 1997

Licence Area Plan (LAP). A LAP is a regulatory instrument made by the ABA (now the Australian Communications and Media Authority, ACMA) under the Broadcasting Services Act 1992. It defines the number and categories of radio broadcasting services that can be made available in a particular geographic area. This plan is confined to the Central Tablelands region and is one of many LAPs covering Australia. The concept locks in a specific mix of services and prevents unplanned entry.

Service categories. The plan distinguishes four types of service. National services are operated by the Australian Broadcasting Corporation (ABC) or Special Broadcasting Service (SBS); they do not require a service licence and are indicated as “Not Applicable” in the service licence column. Commercial services are privately owned, advertising funded, and require a service licence. Community services are non profit, operated by community groups, and also require a service licence. Open narrowcasting services target a limited audience (for example, tourist information or niche programming) and do not require a service licence but are subject to this plan’s technical conditions.

Service licence numbers. For commercial and community services, the plan allocates unique service licence numbers: SL10252, SL10277, SL10286 for commercial; SL10287 and SL1150004 for community. These numbers form part of the licensing register and are used for compliance and renewal purposes.

Technical specifications. These include transmitter site (nominal location with Australian Map Grid coordinates, site tolerance referencing “Technical Planning Guidelines”), emission characteristics (frequency band, carrier frequency, polarisation for FM, antenna height), and output radiation pattern (ERP in kilowatts for FM, CMF in volts for AM with specified bearing/elevation limits). The plan mandates an omni directional pattern at all angles of azimuth for most FM services, with some AM services having directional restrictions. Compliance with these specs is mandatory.

Licence area definition. The licence area for the five commercial and community services is defined entirely by ABS collection districts from the 1991 Census. This is a static demographic boundary that influences coverage obligations and licence area population counts. Changes to actual population distribution since 1991 are not reflected in the plan itself.

Open narrowcasting special condition. The narrowcasting service (106.7 MHz) includes a coverage radius condition: 45 kilometres measured from the nominal transmitter site at Mount Canobolas. This is a unique geographic restriction not applied to other services in the plan.

Commercial radio licensees. The three commercial licensees (SL10252, SL10277, SL10286) are directly affected. They must operate within the assigned technical parameters: SL10252 transmits on 1089 kHz AM from Forests Reef with a complex CMF pattern; SL10277 on 105.1 MHz FM at 5 kW ERP from Mount Canobolas; SL10286 on 105.9 MHz FM at 5 kW ERP from the same site. Their service area is defined by the licence area (Orange RA1), which comprises 62,495 persons based on 1991 census data. Any change to these parameters requires a variation of the plan. The fixed number of commercial services (three) limits competition: no new commercial entrants can begin broadcasting without a plan variation. Existing licensees therefore have a degree of regulatory protection from new market entry.

Community radio licensees. Two community services (SL10287 on 107.5 MHz and SL1150004 on 103.5 MHz, both at 5 kW ERP from Mount Canobolas) are affected. They must hold a community broadcasting licence and comply with the technical specs. The plan effectively reserves two FM frequencies for community use, which reduces available spectrum for other uses.

National broadcasters. Four national services (101.9 MHz, 102.7 MHz, 104.3 MHz at 80 kW ERP from Mount Canobolas, and 549 kHz AM at 2,900 V CMF from Cumnock) are allocated. These affect the ABC/SBS in their network planning. Because they operate without service licences, the plan does not impose licensing obligations on them, but they must still not exceed the specified technical limits. The high ERP (80 kW) compared to commercial (5 kW) means national services have a much larger coverage area, potentially reaching beyond the defined licence area into adjacent regions.

Open narrowcasting licensee. The operator of the 106.7 MHz service (TS10004547) is affected by the special condition: a coverage radius of 45 km from Mount Canobolas. This is an explicit geographic limit that likely prevents the service from claiming broader coverage, which may affect advertising or audience claims.

Residents and businesses in the Orange RA1 area. Listeners have a limited set of services: three commercial, two community, four national, and one narrowcasting. This is a regulatory allocation that influences consumer choice. The plan does not mandate any particular content or programming; it only makes services available. A resident outside the collection districts listed in Attachment 1.1 may still receive a signal but is not counted in the licence area population, which can affect licence conditions related to coverage.

Potential new entrants and competitors. Any party wishing to operate a new radio service in the Central Tablelands must wait for a variation of this LAP or for a new LAP to be made. The plan is a barrier to entry. In a free market, spectrum could be allocated by auction or open access; this plan substitutes administrative allocation.

Regulator (ACMA). The plan constrains the regulator’s discretion: ACMA cannot issue a licence for a service not listed in the plan without first varying the LAP. The plan therefore governs the ACMA’s own enforcement and licensing activities.

Licensees (commercial and community). The primary right is to operate a broadcasting service on the specified frequency, from the specified site, with the specified technical parameters, subject to the licence conditions. For example, SL10286 has the right to transmit on 105.9 MHz at up to 5 kW ERP from Mount Canobolas at a maximum antenna height of 20 metres. The accompanying duty is to stay within those limits. Exceeding the ERP or moving the transmitter outside the site tolerance (referenced to “Technical Planning Guidelines”) would breach the plan and the underlying licence. Licensees also have the right to be the only service on that frequency in the licence area (subject to interference management), and the duty not to cause unacceptable interference to other services listed in the plan or to services in adjacent areas.

National broadcasters. They have the right to use the assigned frequencies and parameters without a service licence. Their duty is to comply with the technical specifications (e.g., 80 kW ERP limit for FM, 2,900 V CMF for the AM at Cumnock). They also must not cause interference beyond what is permitted under the Radiocommunications Act.

Open narrowcasting operator. The right to transmit on 106.7 MHz at 5 kW ERP with a 45 km coverage radius. The duty to ensure that the actual coverage does not extend significantly beyond that radius, which may imply a requirement to manage antenna pattern or power to limit range.

ABA (now ACMA). The right to determine and vary the plan under the Broadcasting Services Act. It also has the duty to maintain the plan and to enforce compliance. Section 26(1) requires the ABA to “make a plan for broadcasting services” for areas where radiocommunications spectrum is to be used. The plan must be published and must specify the services that are to be available. The regulator cannot ignore the plan when allocating licences.

General public. No direct legal rights under the plan, but the plan indirectly determines the diversity and number of radio services available. A resident has no enforceable right to a particular service, but may complain to ACMA about interference or non compliance.

The plan does not impose any content obligations, ownership restrictions, or programming quotas. Those are set elsewhere in the Broadcasting Services Act and the codes of practice. The plan’s duties are purely technical and spatial.

The plan itself does not list penalties, but non compliance with its technical specifications is a breach of the Broadcasting Services Act 1992. Under that Act, operating a broadcasting service without a licence (for categories requiring one) or outside the licence conditions is an offence. For commercial and community licensees, failure to maintain the transmitter within the specified site tolerance, exceeding the ERP, or using a frequency not assigned could result in ACMA issuing a remedial direction, suspending or revoking the licence, or seeking civil penalties in the Federal Court. Maximum penalties under the Broadcasting Services Act for broadcasting without a licence can be substantial (e.g., $27,500 for an individual and $137,500 for a corporation per day for certain offences, though specific figures depend on the provision and any amendments since 1997).

For national broadcasters, the ABC and SBS are subject to their own Acts, but they are also bound by the technical requirements of the plan. The ACMA can enforce compliance with technical specifications under the Radiocommunications Act 1992, which includes powers to issue directions, seize equipment, or seek injunctions.

For open narrowcasting, since no service licence is required, enforcement would target the transmitter operation. If the narrowcasting service exceeds the 45 km coverage radius, ACMA could treat the operation as causing unauthorised interference or as exceeding the scope of the plan, potentially leading to directions to reduce power or change antenna.

The site tolerance condition references “Technical Planning Guidelines”. Those guidelines are not reproduced in this document, creating a risk that a licensee may inadvertently breach the tolerance. The plan does not specify a numeric tolerance; it defers to external guidelines. This introduces uncertainty and a potential enforcement gap if the guidelines are not easily accessible.

Broadcasting Services Act 1992. This is the primary enabling statute. Section 26(1) authorises the making of licence area plans. The plan is a legislative instrument that prevails over inconsistent provisions of the Act, except where the Act expressly provides otherwise. The plan also interacts with the licensing provisions of the Act: for commercial and community services, the service licence numbers in the plan correspond to licences issued under Part 4 or Part 6 of the Act. The plan defines the licence area, and the licence conditions incorporate the plan’s technical specifications by reference.

Radiocommunications Act 1992. This Act governs the use of spectrum. The frequencies assigned in the plan (e.g., 105.1 MHz, 549 kHz) are subject to spectrum licensing or apparatus licensing under the Radiocommunications Act. The plan does not grant spectrum licences; it only determines which services are available. The actual assignment of frequencies and the power to enforce interference standards comes from the Radiocommunications Act. The site tolerance and emission limits are likely derived from that Act’s technical frameworks.

Australian Communications and Media Authority Act 2005. The ABA was replaced by ACMA in 2005. ACMA now administers this plan. Any reference to the ABA in the plan is now read as a reference to ACMA. ACMA has the power to vary or revoke the plan under the Broadcasting Services Act.

Planning and environmental laws. Transmitter sites (Mount Canobolas, Forests Reef, Cumnock) may be subject to local council planning approvals, environmental impact assessments, and heritage protections. The plan does not override those; a licensee must still obtain all necessary consents. The site tolerance condition may conflict with planning restrictions if the exact coordinates fall on protected land.

Competition and consumer law. The plan limits the number of commercial services to three. This is a form of regulated oligopoly. The Competition and Consumer Act 2010 may apply to anti competitive conduct by licensees (such as collusion), but the plan itself is a government instrument and immune from competition law challenge. However, the plan may be considered in merger reviews by the Australian Competition and Consumer Commission.

Anti siphoning and content laws. Not relevant to this plan; content regulation is separate.

No other plans are referenced within the document, but the Central Tablelands plan may border other LAPs (e.g., for Bathurst, Sydney). Interference coordination across boundaries is governed by the Radiocommunications Act and technical planning guidelines.

The document is dated June 1997 and was determined by the Australian Broadcasting Authority on 2 June 1997. The source provides no subsequent amendments or variations. LAPs are periodically reviewed and varied by ACMA, but no record of such variations is included. It is common for LAPs to be amended to add new services (e.g., digital radio) or to correct technical parameters, but this plan as provided appears in its original form. Any variation would be a separate legislative instrument. The use of 1991 Census data suggests that the plan was based on demographic information that is now over three decades old. This could affect the licence area definition: if population has shifted, some collection districts may no longer reflect the actual listening audience. A variation might be needed to update the area, but none is shown.

The plan includes no sunset clause or expiry date. It remains in force until revoked or replaced. Given the 1997 date, it is likely that ACMA has made subsequent plans for the area, possibly incorporating digital radio or changes in frequency allocation. For the purposes of this deep dive, the provided text is the full instrument, and no amendment history can be inferred beyond the document itself.

The source document does not mention any litigation. The plan itself is a regulatory instrument that could be subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 or the Broadcasting Services Act. A licensee or affected party could challenge the plan on grounds such as procedural error, unreasonableness, or failing to take into account relevant considerations. However, no cases involving this specific plan are cited in the source. Given the technical and non controversial nature of the plan (allocating frequencies in a regional area), it is unlikely to have generated high profile litigation. Challenges to LAPs are rare; they are usually deferred to administrative processes.

If a case did arise, it might involve interference disputes between commercial and national broadcasters, or a community licensee arguing that the plan’s coverage area fails to serve its intended audience. The source provides no such details. The absence of litigation history in the document is itself notable: it suggests that the plan has been accepted without court challenge.

Static census data. The licence area is defined by ABS collection districts from the 1991 Census. The population figure of 62,495 is decades old. If a commercial licensee needs to meet coverage obligations based on licence area population, that population may be materially different today. The plan does not provide a mechanism for updating the area automatically. A licensee relying on the geographical boundary might be under serving current residents or overstating coverage.

Site tolerance not quantified. The technical specifications say “Site Tolerance : Refer to Technical Planning Guidelines”. Those guidelines are not included in this document. A licensee must obtain the guidelines separately to know the allowable deviation from the nominal coordinates. If the guidelines have been revised or are unclear, this creates compliance risk. A small error in transmitter placement could be a breach.

Mount Canobolas dominance. Every FM service (except the AMs) uses Mount Canobolas as the transmitter site. This creates a single point of failure: if the site is destroyed or becomes inaccessible, all FM services are affected. It also creates risk of intermodulation interference among the five FM transmitters co located. The plan does not mandate any minimum separation or filtering; it only sets ERP and antenna height.

Open narrowcasting coverage radius vagueness. The special condition says coverage radius is 45 km measured from the nominal site. It does not define what “coverage radius” means in terms of signal strength or field intensity. The licensee may interpret this as a simple distance limit, but the regulator could enforce a more technical definition (e.g., the contour where field strength falls below a certain level). This ambiguity may lead to enforcement disputes.

AM directional patterns are complex. The commercial AM service SL10252 (1089 kHz) has a detailed CMF table with bearings and elevations (e.g., 21°T elevation 33°, CMF 400 V). The note says the CMF at all elevations is not to exceed the specified CMF at 0 degrees for all angles. This is a non standard pattern that must be physically achieved with the antenna array. Any deviation could cause interference and may be hard to detect without specialised equipment. The other AM (national, Cumnock) is simpler (2,900 V omni).

National services have high power. The national FM services use 80 kW ERP, while commercial and community use 5 kW. This means national services can cover a much larger area, potentially extending into other licence areas and causing interference with services not listed in this plan. The plan does not address cross border interference.

No digital radio provision. The plan was made in 1997, before digital radio was introduced in Australia. There is no provision for digital radio broadcasting. Licensees wanting to offer DAB+ must look to separate spectrum allocations not covered by this LAP.

Service licence numbers for community point to different licences. Two community services have different licence numbers (SL10287 and SL1150004) but identical technical specs (5 kW, 20 m antenna height, omni). However, they are on different frequencies (107.5 and 103.5 MHz). These are separate licences, which means they could be held by different entities. The plan does not prevent one entity from holding both, but licence conditions (e.g., ownership limits) under the Broadcasting Services Act might apply.

A person or entity operating a radio service covered by this plan must take the following steps to comply.

First, identify your service category and licence number. Commercial and community licensees must hold a valid service licence corresponding to the numbers listed (SL10252, SL10277, SL10286, SL10287, SL1150004). National broadcasters do not need a service licence but must register their operations with ACMA. The open narrowcasting operator must notify ACMA of its intention to operate, even though no licence is required.

Second, adhere strictly to the technical specifications. Each transmitter must be installed at the nominal site coordinates within the tolerance allowed by the Technical Planning Guidelines. For Mount Canobolas FM transmitters, the coordinates are Zone 55 Easting 684425 Northing 6308875. The maximum antenna height is 20 metres for commercial, community, and open narrowcasting; 65 metres for national FM. The ERP must not exceed 5 kW for commercial/community/narrowcasting and 80 kW for national FM. For AM transmitters: the 1089 kHz service (SL10252) must implement the directional CMF pattern exactly as specified, and the 549 kHz national service must not exceed 2,900 V CMF at zero elevation. A directional antenna must be installed and calibrated. Regular field strength measurements should be taken to verify compliance.

Third, manage the coverage area. The open narrowcasting operator must ensure that the service’s coverage does not extend beyond the 45 km radius from Mount Canobolas. This may require reducing power or using a directional antenna, though no directional pattern is specified. Commercial and community licensees should ensure they cover, but do not exceed, the licence area defined in Attachment 1.1. Over coverage into adjacent licence areas may cause interference complaints.

Fourth, keep documentation. Record transmitter site surveys, antenna installation certificates, power output logs, and periodic compliance reports. While the plan does not require specific reporting, ACMA may request evidence of compliance during an investigation or renewal.

Fifth, monitor variations to the plan. ACMA may amend this LAP. Licensees should check the Federal Register of Legislation for any variations. Compliance with the current version is mandatory; operating under an outdated specification could be a contravention.

Sixth, coordinate interference. Given the co location of six FM transmitters on Mount Canobolas, licensees may need to install filters or combiners to prevent intermodulation. The plan does not mandate this, but it is a practical necessity to avoid interfering with other services, which would be a breach of the Radiocommunications Act.

**Seventh, for AM services, especially the directional 1089 kHz, conduct initial and periodic field pattern measurements to confirm that the CMF at each bearing and elevation does not exceed the table. A deviation could create a directional null where coverage drops, or cause excessive interference in a direction where CMF is supposed to be low (e.g., 70 V at 237°T). This requires specialised engineering.