Licence Area Plan - Geraldton (Radio) - September 1996

The core concept is the licence area plan itself. Under section 26 of the BSA, an LAP is a legislative instrument that determines the number and characteristics of broadcasting services to be available in a particular geographic area. It is not a licence; it is a planning document that the regulator must have regard to when issuing or varying service licences. The plan specifies for each service: its category (national, commercial, community or open narrowcasting), its service licence number (if applicable), the number of transmitters, a transmitter specification number (linking to detailed technical parameters in an attachment), and the general area served.

The plan introduces several sub-concepts:

Service categories are defined by the BSA. National services are provided by the ABC or SBS and do not require a service licence. Commercial services are funded by advertising and require a licence issued by the ACMA. Community services are not for profit and serve a particular community, and also require a licence. Open narrowcasting services are targeted to a limited audience (e.g., tourist information) and do not require a service licence but must comply with technical planning.

Technical specifications include transmitter site (nominal location with Australian Map Grid coordinates and site tolerance reference), emission characteristics (frequency band, carrier frequency, polarisation, maximum antenna height), and output radiation pattern (ERP or CMF values by bearing or sector). These are binding constraints. For FM services, polarisation is mixed, meaning both vertical and horizontal components are used. For AM services, the current moment (CMF) is specified at zero degrees elevation with a note that the CMF at all other elevations must not exceed that value, ensuring a skywave interference limit.

Licence area is defined by population counts from ABS Collection Districts, Shires or Cities. This is a regulatory boundary for commercial and community licences. It is not the same as the transmitter coverage area; it is the area within which the licensee is authorised to provide services and within which the regulator will assess applications. The plan uses 1991 census data, so the population figures are now dated but remain legally relevant unless the plan is varied.

Site tolerance is referenced to "Technical Planning Guidelines", which are not reproduced in the plan. This allows the regulator to accept minor deviations in transmitter location without requiring a formal variation. However, the exact tolerance is not specified in this instrument, creating some uncertainty for licensees.

The plan also uses transmitter specification numbers (e.g., TS000590, TS10005294) to link each service to its technical details. These numbers appear to be a registry maintained by the ABA. The numbering scheme changed between earlier and later attachments (TS10000590 vs TS10005294) which may reflect a renumbering exercise or an error; the instrument itself does not explain.

Another important concept is the distinction between services that require a service licence (commercial and community, shown with licence numbers) and those that do not (national and open narrowcasting, shown as "N/A"). The plan therefore determines the spectrum allocation for each category, which has implications for competition and market entry: the two commercial licences are the only ones that can earn advertising revenue, and their technical parameters (30 kW ERP over key population sectors) give them a strong signal in Geraldton. The community services are limited to 1 kW in the populated sector, making them less able to compete for listeners.

The primary affected parties are the holders of the service licences identified in the plan (current or future). The commercial licences SL010370 and SL010371 are likely held by operators providing services such as Radio MAMA (formerly 98.1 FM) and others, though the instrument does not name the licensees. The community licences SL010348 and SL010347 are likely held by local non-profit organisations such as Geraldton Community Radio. The Northampton community licence SL010346 is held by a separate body serving that town.

The plan also affects the ABC and SBS as operators of the national services. The national FM services on 94.9, 98.9 and 99.7 MHz from Moresby Ranges are almost certainly ABC and SBS transmitters; the national AM service on 828 kHz from Fig Tree Crossing is likely ABC Local Radio. These broadcasters have their spectrum allocation secured by the plan and do not need to compete for it, but they are bound by the technical constraints (e.g., 10 kW ERP, omnidirectional pattern). If they wish to change site or power they must seek a variation to the plan.

Potential future broadcasters are affected because the plan limits the number of available services. Only two commercial services are allocated; a new entrant could only obtain a commercial licence if one of the existing licences is surrendered or not renewed, or if the plan is varied to add more. In practice, the BSA restricts the ACMA from issuing new commercial licences in an area without a price-based allocation process (section 36), and the plan is the first step.

Listeners in Geraldton and Northampton are indirectly affected: the plan determines the range and quality of radio services they receive. The commercial services have a directed pattern that reduces power to the east (60-260°T) to 10 kW, presumably to avoid interference with other services or to focus on the coastal population. This means listeners in the eastern Shires may get a weaker signal. Community listeners in Northampton are served by a low-power 100 watt FM transmitter, which likely covers only the immediate town and surrounds.

Other broadcasters in neighbouring areas may be affected by interference constraints. The plan does not mention interference protection to other LAP areas, but the technical specifications are designed to fit into the overall spectrum plan. For instance, the GERALDTON commercial services use the same site and similar powers, so intermodulation and adjacent channel interference between them is addressed by the assigned frequencies (96.5 and 98.1 MHz, both within the FM band with adequate spacing).

Regulators (ABA at time of making, now ACMA) are affected because they must administer the plan and consider it when processing licence applications, renewals or transfers. The plan also affects the Radiocommunications Act 1992 apparatus licence framework because the transmitters will need apparatus licences, and the technical specs in the LAP are likely incorporated into those licences.

Landowners or residents near transmitter sites (Moresby Ranges, Fig Tree Crossing, Bluff Point, Trig Pt 18) may be affected by electromagnetic field exposure, noise and visual amenity, though the plan does not address planning or environmental approvals. The site tolerance reference suggests the regulator may accept minor site moves, which could affect third parties.

The plan itself imposes few express duties; most duties arise from the BSA and licences. However, the plan creates a structure of rights and obligations.

Rights of licensees: Holders of commercial and community service licences have the right to operate transmitters within the technical parameters specified. For example, the licensee of SL010370 has the right to install and operate a transmitter at Moresby Ranges with a carrier frequency of 96.5 MHz, an ERP of up to 30 kW in sectors 320-60°T and 10 kW elsewhere, and a maximum antenna height of 90 metres. This right is not absolute; it is subject to the licence conditions (which may include programming requirements) and to the Radiocommunications Act 1992 apparatus licence.

Duty to comply with technical specifications: The plan effectively mandates that the transmitter must meet the specified parameters. If the licensee operates outside those parameters (e.g., higher power, different frequency, different polarisation), they may breach their service licence and the Radiocommunications Act. There is no express "duty" language in the LAP, but the BSA and Radiocommunications Act enforce these standards.

Duty not to cause unacceptable interference: The technical specs are designed to limit interference to other services. Although the plan does not explicitly state an interference standard, the specified radiation patterns and powers are derived from planning guidelines that assume a certain level of protection. A licensee must not cause interference that exceeds the level implicit in the plan. If a variation is sought, the regulator will assess interference risks.

Rights of national broadcasters: The ABC and SBS have the right to use the national service frequencies without holding a service licence. However, they still need an apparatus licence under the Radiocommunications Act and must comply with the technical specs. The plan secures their spectrum allocation against future encroachment.

Rights of the regulator: The ACMA (as successor to the ABA) has the right to vary or revoke the plan under section 26(5) of the BSA. It also has the right to issue new licences consistent with the plan. The plan does not grant any rights to third parties to demand enforcement, but interested persons may make submissions during any variation process.

Absence of rights for new entrants: The plan does not create any right for a person to obtain a licence. It merely indicates that two commercial and two community services are "to be available". If no licence is currently held (e.g., if a licence lapses), the plan does not compel the regulator to reissue it. In practice, the ACMA may conduct a licence area plan review and potentially reallocate the spectrum, but there is no right to a hearing or to a licence.

Community service area limitation: The community licence area for Geraldton excludes Chapman Valley Shire and the outlying CDs that are included in the commercial licence area. This means community licensees cannot claim to serve those residents, and their programming must target the Geraldton City and Greenough population. This affects fundraising and eligibility for community broadcasting grants.

Open narrowcasting rights: The open narrowcasting service on 1008 kHz has no service licence holder named, so the right to use that spectrum is not allocated. The plan simply states it is "to be available". In practice, the regulator may issue a narrowcasting service licence to an applicant, or the spectrum might be used by the ABC for a supplementary service. The plan does not specify who may use it.

The LAP itself does not prescribe penalties. Enforcement occurs through the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. The primary enforcement mechanisms relevant to this plan are:

Breach of service licence conditions: If a commercial or community licensee operates outside the technical parameters set by the plan (e.g., higher ERP or different frequency), they may breach conditions of their service licence. Under Part 6 of the BSA, the ACMA can issue remedial directions, suspend or cancel a licence, or impose a civil penalty. For commercial licences, penalties can be significant (up to 2,000 penalty units for a body corporate under section 205Z of the BSA). Community licences are subject to similar provisions.

Unlicensed broadcasting: Operating a transmitter that does not correspond to any service in the plan is an offence under section 46 of the Radiocommunications Act 1992 (maximum penalty 2 years imprisonment or 1,200 penalty units). The plan helps identify which transmitters are authorised. If a person operates on 100.5 MHz from Moresby Ranges without being SL010347, they likely commit an offence.

Interference: If a licensee causes interference to another service beyond the level contemplated by the plan, the ACMA may require them to cease transmission or modify operations. The plan's technical specifications set the baseline; deviating from them is a practical indicator of interference risk.

Variation or revocation: The ACMA can vary or revoke the plan under section 26(5) of the BSA. This is not a penalty but a regulatory power. Affected licensees have procedural fairness rights if a variation would alter their technical parameters, but there is no automatic right to compensation.

Inspections and investigations: The ACMA has broad powers under the BSA and Radiocommunications Act to enter premises, inspect transmitters, and require documents. Non-compliance with a notice can attract penalties.

No private right of action: The plan does not create a private right of action for a competitor or listener. If a broadcaster suffers economic harm because of interference, their only remedy is to complain to the ACMA, not to sue directly. However, the Competition and Consumer Act 2010 might apply if misleading conduct is involved, but that is outside the plan.

The practical enforcement history for LAPs is generally cooperative: licensees self-report technical changes, and the ACMA conducts periodic monitoring. Given the age of this plan (1996), many technical parameters may have been varied by subsequent instruments not included in this source. The penalties for operating on an obsolete frequency are serious, but in practice many transmitters have been updated and the plan may have been replaced or amended.

This LAP sits within a broader legal framework. Its primary enabling statute is the Broadcasting Services Act 1992 (BSA). Section 26 gives the ACMA (formerly the ABA) the power to determine LAPs. Section 27 requires the ACMA to have regard to LAPs when allocating licences. The plan is a legislative instrument under section 26(3) and is subject to tabling and disallowance under the Legislation Act 2003.

The plan interacts with the Radiocommunications Act 1992 in several ways. All transmitters described in the plan require an apparatus licence under that Act. The technical specifications (frequency, power, site) are likely incorporated into the apparatus licence conditions. The Radiocommunications Act also governs spectrum management and interference. The plan's radiation patterns are designed to meet the interference planning criteria of the Australian Radiofrequency Spectrum Plan. If a licensee needs a different frequency, the Radiocommunications Act requires a variation to the apparatus licence, and if that frequency is not in the LAP, a variation to the LAP may be needed first.

The plan also interacts with the Telecommunications Act 1997 and the Radiocommunications (Communication with Space Objects) Act 2018 if any service uses satellite, but this plan is terrestrial.

Local government planning approvals: The transmitter sites (Moresby Ranges, Fig Tree Crossing, Bluff Point, Trig Pt 18) may require development approval under the Planning and Development Act 2005 (WA) or local council by-laws. The plan does not pre-empt those approvals; a licensee must obtain all necessary permits separately.

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) may apply if a transmitter site is near a listed threatened species or heritage place. The plan does not address environmental impact.

The plan may interact with the Broadcasting Services (Technical Standards) Determination made under the BSA. These standards may set additional requirements for transmission quality, emergency warning systems, or compliance with digital radio standards. This LAP is pre-digital (1996) and only covers analogue FM and AM.

Competition law: The Competition and Consumer Act 2010 applies to commercial broadcasters. The plan itself does not restrict competition beyond allocating only two commercial services, but that is a conscious policy choice in the BSA (scarcity of spectrum). The limited number of licences may raise barriers to entry, but the ACMA can vary the plan to add more services if demand justifies it and spectrum is available.

International agreements: Australia's radiofrequency allocations are subject to the ITU Radio Regulations. The frequencies in the plan (e.g., 828 kHz, 94.9 MHz) are within the ITU bands for broadcasting and must not cause harmful interference to stations in other countries. The plan's technical specs likely account for international coordination, but the instrument itself does not mention it.

The source document is dated 11 September 1996. It is the original determination. There is no amendment history within the document itself. However, LAPs are living instruments and may have been varied multiple times since 1996. Under section 26(5) of the BSA, the ACMA may vary or revoke an LAP. In practice, the ACMA often makes consolidated or replacement LAPs.

The Geraldton LAP may have been amended by subsequent instruments such as:

• Variation of Licence Area Plan - Geraldton (Radio) [year]
• Licence Area Plan - Geraldton (Radio) 2002 or later
• or it may have been superseded by a regional plan covering a larger area.

The document shows two numbering schemes: TS000590 and TS10000590. The latter appears to be a padded version of the former. This might indicate that the original specification number was later changed to a 9-digit format, possibly through an administrative renumbering that did not alter the substantive parameters. If so, that could be considered a minor variation.

The plan also uses 1991 census data. When the ABS released 1996, 2001, etc. census data, the licence area definitions would become outdated. The ACMA may have issued a replacement plan updating the area descriptions. Alternatively, the plan may have been amended to adopt newer geographical units.

It is also possible that the commercial licences SL010370 and SL010371 have changed hands or been surrendered. In that case, the plan might have been varied to reflect new licence numbers or to delete a service if it was not reissued.

The community services SL010347 and SL010348 may have merged or split. The existence of two community licences for Geraldton (on 97.3 and 100.5 MHz) suggests two separate organisations, but they may have later combined into one service, requiring a variation.

Without access to the ACMA's register, we cannot list specific amendment instruments. A prudent practitioner would check the current Federal Register of Legislation for the latest version of the Licence Area Plan - Geraldton (Radio). The document provided may be the original version only; the current plan could be quite different (e.g., digital radio services may have been added, or analogue services may have been removed).

The "September 1996" date suggests it is one of the early LAPs made after the 1992 BSA, when the ABA was establishing the new licensing framework. It has likely been superseded or at least amended.

There is no litigation history mentioned in the source document, and I will not fabricate any. However, LAPs in general have been the subject of administrative law challenges. Under section 26 of the BSA, a determination is a legislative instrument and is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) or the Constitution section 75(v) if there is a legal error.

Potential grounds for challenge could include: unreasonableness (if the plan allocated frequencies that cause insurmountable interference), failure to consider relevant matters (e.g., the need for diversity), or procedural error (if the ABA did not follow required consultation). However, the plan was made in 1996 and any challenge would have had to be brought promptly.

The specific Geraldton plan has not been the subject of any reported litigation that I can name without a source. It is plausible that no court has considered it. The plan's technical parameters are highly specific and unlikely to generate legal disputes unless a licensee is aggrieved by a variation or a new allocation that interferes with their service.

If there was litigation, it might have occurred in the context of a licence allocation dispute. For example, if an applicant for a new commercial licence argued that the plan should be varied to add a third service, the ACMA's refusal could be reviewed. But again, no specific case known.

The absence of litigation history does not mean the plan is uncontroversial; it may simply reflect the ordinary operation of a technical planning instrument. Most disputes about LAPs are resolved through ACMA's administrative processes or through negotiation between broadcasters, not in court.

Several provisions and omissions in this plan could catch practitioners off guard:

1. Outdated census data. The licence area definitions use the 1991 Census. Population numbers have changed significantly. The Geraldton City population in 1991 was 20,601; by 2021 it was over 40,000. The Shire of Greenough was later amalgamated into the City of Greater Geraldton. A licensee whose service area is defined by these obsolete boundaries may find that their actual coverage area (from the transmitter) far exceeds the licence area, or that they are not authorised to serve new suburbs that were not part of the 1991 CD. The ACMA may still enforce the licence area for programming and sponsorship purposes, even though the geography has changed.

2. Site tolerance is undefined in the plan. Each attachment says "Site Tolerance: Refer to Technical Planning Guidelines". Those guidelines are not reproduced. The exact tolerance (e.g., 100 metres, 1 km) is not specified. A licensee seeking to move the transmitter a few hundred metres to avoid a lease dispute may need to obtain a variation if the ACMA interprets the tolerance narrowly. The "Technical Planning Guidelines" are likely internal documents that may be hard to access.

3. The open narrowcasting service on 1008 kHz. The plan lists this service with "N/A" as service licence number, but does not state who is entitled to operate it. It could be allocated by the ACMA to a specific licensee or used for a temporary service. If someone assumes it is unlicensed and starts broadcasting, they risk prosecution. The plan merely says it is "to be available"; it does not authorise any person to use it. Only the ACMA can issue a licence for it.

4. The AM national service at 828 kHz. This uses a figure-ground crossing site 15 km northeast of Geraldton. The modulation type is not stated (AM, but which standard?). The radiation pattern is omnidirectional with a maximum CMF of 960 V. However, AM skywave propagation at night can cause interference to stations hundreds of kilometres away. The plan does not include any night-time power reduction. If the ABC operates the service at full power around the clock, it may cause interference to other 828 kHz services, though that is unlikely in remote Western Australia.

5. The community service radiation patterns are asymmetrical. For SL010348 (97.3 MHz) and SL010347 (100.5 MHz), the ERP is 1 kW from 70°T to 270°T (i.e., roughly north east through south), and only 100 W elsewhere. This means coverage westward (ocean) and northward is weak. A community broadcaster may want to extend coverage to a new housing estate in the west but cannot increase power there without a variation. The pattern is likely designed to limit interference to other services or to focus on the populated urban area.

6. Maximum antenna height is "90 m" for all Moresby Ranges transmitters. That is the maximum allowed; a licensee could use a lower height, but the plan does not specify a minimum. If a licensee uses a lower height, coverage may shrink. Conversely, if they want to exceed 90 m, a variation is required. The height is measured from the ground? From the site datum? The plan does not say. It could be the height of the antenna centre above the ground or above mean sea level. This ambiguity could lead to disputes.

7. The plan does not address digital radio. The Broadcasting Services (Digital Radio) Amendment Act 2006 introduced digital radio. The Geraldton area may now have digital services, but this plan is silent. A broadcaster who wants to start a digital service would need a different planning instrument or variation. Relying on this plan for digital would be a mistake.

8. The service licence numbers may be reallocated. SL010370, SL010371, SL010347, SL010348, SL010346 are shown, but if a licence was cancelled and a new one issued, the number would change. The plan would need to be updated. Basing a search on these numbers without checking the current register could lead to confusion.

9. The plan's legal effect as a legislative instrument. It must be registered and tabled. If the original 1996 instrument was not properly registered (the Legislation Act 2003 requirements apply retroactively to some instruments), it might be invalid. However, the plan has likely been applied for decades, so any invalidity risk is low.

Compliance with this Licence Area Plan is primarily the responsibility of licensees and the ACMA. Here are practical steps for different stakeholders:

For current licensees (commercial and community):

1. Verify transmitter parameters. Cross-check your actual transmitter site frequency, ERP, antenna height, polarisation, and radiation pattern against the attachment for your service licence number. If you find any deviation, contact the ACMA to seek a variation or confirm that a tolerance has been applied. For example, if your ERP at 90°T exceeds 10 kW (commercial) or 1 kW (community), you may be non-compliant.

2. Confirm site location. Ensure the transmitter is within the site tolerance of the nominal location. If you have moved the transmitter more than the (unstated) tolerance, you may need a variation. Keep records of the actual site coordinates and any ACMA approvals.

3. Monitor interference. Operate within the radiation pattern. If you receive complaints of interference from other broadcasters, investigate immediately. A pattern that creates interference beyond the plan's design could breach your apparatus licence.

4. Keep records of compliance. The ACMA may request evidence that your transmitter meets specs. Maintain logs of power output, frequency stability, and antenna configuration. Calibrate measurement equipment regularly.

5. Review licence area for programming. For community licensees, ensure that the content of your service is targeted to the defined licence area (Geraldton City and Greenough Shire). If you are fundraising or seeking sponsorship, do not claim to serve areas outside your licence area (e.g., Chapman Valley) even if your signal reaches them, as this could mislead the ACMA or advertisers.

6. Check for plan variations. Regularly check the Federal Register of Legislation for any amendments to the Geraldton LAP. The plan may have been varied to change frequencies, add digital services, or update area descriptions. Relying on the 1996 version could lead to non-compliance.

For potential new entrants:

1. Identify available spectrum. The plan shows that only two commercial community licences are allocated. If you want a commercial licence, you must wait for one to become available (e.g., surrender or non-renewal) or apply to the ACMA to vary the plan and issue a new licence through a price-based allocation. The plan does not guarantee any process; you must engage with ACMA's planning review.

2. Consider narrowcasting. The open narrowcasting service on 1008 kHz has no allocated licence. You could apply for a narrowcasting licence from the ACMA. However, the plan only says the service is "to be available", not that it will automatically be granted. You must satisfy the ACMA that the service fits the narrowcasting definition (targeted audience, limited distribution).

3. Understand the licence area. If you acquire a commercial licence, you are bound to serve the 32,302 persons area. Your programming must target that population. You cannot later change to serve a different region without a plan variation.

For the regulator (ACMA):

1. Maintain an up-to-date plan. Given the age of this plan, the ACMA should have reviewed it to reflect current census data, digital radio, and changed broadcasting needs. The plan should be republished in consolidated form.

2. Enforce compliance. Use the technical specifications as a benchmark for monitoring transmitter performance. If a licensee operates outside specs, issue a direction.

3. Consider economic effects. The plan limits commercial services to two. The ACMA should assess whether that is still appropriate given population growth, or whether a third service could support competition and diversity without causing harmful interference.

Ultimately, compliance is not onerous for a diligent operator, but the plan's age and missing details (site tolerance guidelines, no digital provision) mean that blind reliance on the 1996 text is risky. Engage with the ACMA and seek current advice.