Licence Area Plan - Northam (Radio) - August 1996

Licence Area Plan (LAP). A licence area plan is a statutory instrument made under the Broadcasting Services Act 1992 that determines the number and characteristics of broadcasting services to be made available in a particular geographic area using the broadcasting services bands. The plan does not create new licences; it identifies which existing services are authorised and sets the technical and geographic boundaries within which they may operate. The ABA (now ACMA) determines LAPs to manage spectrum use and to ensure efficient allocation of broadcasting frequencies across Australia. The Northam LAP is one such plan, and it defines the services for the Northam region of Western Australia.

Categories of service. The plan distinguishes four categories of radio broadcasting service: national, commercial, community, and open narrowcasting. National services are provided by the ABC and SBS and do not require a service licence. Commercial services operate under a commercial radio broadcasting licence (sector SL numbers) and are funded by advertising. Community services are licensed to non-profit entities and serve a specific local community; they are also identified by service licence numbers. Open narrowcasting services target a limited group of listeners (e.g., those interested in a particular topic or location) and do not require a service licence under the Act, but must comply with the technical parameters in the plan.

Service licence numbers. For commercial and community services, the plan assigns a specific service licence number (e.g., SL010385, SL010045, SL010085, SL010349). These numbers correspond to licences issued under the Broadcasting Services Act. National and open narrowcasting services are marked “N/A” because they do not hold a service licence. The plan does not include the identity of the licensee; it only allocates the licence numbers and technical specs.

Technical specifications. Each service is assigned a transmitter specification number (e.g., TS002342) and an attachment containing the detailed technical parameters. These include: frequency band (MF-AM or VHF-FM), carrier frequency, transmitter site location (with Australian Map Grid coordinates), polarisation (for FM: mixed), maximum antenna height (for FM), and maximum effective radiated power (ERP) for FM or maximum cymomotive force (CMF) for AM. For AM services, the plan includes notes limiting the CMF at all elevations not to exceed the specified value at 0 degrees elevation. For the open narrowcasting service, there is a special condition allowing a higher CMF (670 V) during daytime only. The transmitter site tolerance is stated as “Refer to Technical Planning Guidelines,” which means licensees must adhere to those guidelines for site variability.

Licence area. For commercial and community services, the plan defines the licence area using ABS census collection districts from the 1991 census. This is the geographic area within which the service may be provided. For commercial radio, the licence area covers multiple shires and the Town of Northam, totalling 25,539 persons. For the Northam community service, the area is limited to the Town of Northam (12 collection districts, 6,546 persons). For the York community service, the area is the Shire of York (8 collection districts, 2,506 persons). The licence area is the regulatory boundary for audience measurement and, for commercial services, for advertising sales. Nationals do not have a defined licence area; they serve the whole region.

The primary entities affected by this Licence Area Plan are the licensees of the broadcasting services listed. The two commercial radio licensees (holding service licences SL010385 and SL010045) are directly affected because the plan fixes their transmitter sites, frequencies, power levels, and licence areas. Their ability to modify these parameters is constrained; any change would require a variation of the LAP, a process with regulatory cost and uncertainty. The community radio licensees (SL010085 for Northam and SL010349 for York) are similarly bound by the technical specifications and licence areas defined in Attachments 2.2 and 3.2. The national broadcasters (ABC and SBS) using the four national services (one AM at 1215 kHz and three FM at 98.1, 98.9, and 99.7 MHz) must operate within the stated parameters; however, national services are not tied to a specific population area and may have greater flexibility through the ABA/ACMA’s spectrum management processes. The open narrowcasting service (TS002224 on 1323 kHz) is affected by the special condition on daytime power, which imposes a different compliance burden than that for similar services elsewhere.

Beyond the licensees, the plan affects listeners in the Northam region. It determines the number and variety of radio services available: four national, two commercial, one open narrowcasting, and two community. This diversity constrains the potential for further commercial entry because the spectrum is already allocated. Any new commercial service would require either a variation of the LAP (to add a new service) or the relinquishment of an existing commercial licence. Both are costly and uncertain, thus the plan creates a barrier to entry for would-be competitors. The licence area definitions also affect advertisers: the commercial licence area of 25,539 persons is the pool of potential consumers for advertising purposes. A narrower licence area would reduce the advertising revenue potential, whereas a wider area would increase it. The community licence areas are even smaller, which limits their financial viability unless subsidised by grants or local support.

The ABA (now ACMA) is the regulator responsible for making and varying LAPs. The plan represents a snapshot of regulatory decisions about spectrum allocation. Neighbouring broadcasters in adjacent areas may be affected by the power and frequency assignments if there is a risk of interference, although the plan’s technical specifications are intended to prevent that. The Australian Communications and Media Authority (as successor to the ABA) is responsible for enforcement and ensuring compliance with the plan. The plan also indirectly affects suppliers of broadcast equipment and infrastructure, as the transmitter sites must match the nominal locations and tolerances.

Licensees’ duty to operate within technical parameters. The plan imposes a strict duty on each licensee to operate their transmitter in accordance with the technical specification assigned. For AM services, the maximum cymomotive force (CMF) must not exceed the specified value at 0 degrees elevation for all azimuths, and the CMF at all elevations must not exceed that value. For FM services, the maximum effective radiated power (ERP) and antenna height must not be exceeded. The open narrowcasting service has a special condition allowing a higher CMF (670 V) during daytime hours, but at night the lower limit (370 V) applies. These are absolute limits; exceeding them is a breach of the plan and potentially the Broadcasting Services Act.

Licensees’ right to operate within the licence area. The plan grants the commercial and community licensees the right to broadcast within the defined licence area (the areas listed in Attachments 1.1, 2.1, and 3.1). National and open narrowcasting services are not expressly restricted to a licence area, but their transmitter location and power effectively define their coverage. The licence area is also the geographic scope within which the service is regarded as “local” for both regulatory and advertising purposes.

Licensees’ right of access to frequency. By setting out the carrier frequencies (864 kHz, 96.5 MHz, 1215 kHz, 98.1, 98.9, 99.7 MHz, 1323 kHz, 954 kHz, 101.3 MHz), the plan gives each licensee the right to use that frequency within the specified parameters, subject to non-interference with other services. This right is not absolute; it is conditional on continued compliance with the plan and the underlying Act.

Duty not to cause harmful interference. While the plan does not explicitly mention interference, the technical specifications (site tolerances, power limits, frequency assignments) are designed to minimise interference between services. Licensees have an implied duty to ensure their transmissions do not cause unacceptable interference to other licensed services, as required under the Radiocommunications Act 1992 and the Broadcasting Services Act.

Duty to comply with site tolerances. Each transmitter site is defined by a nominal map grid coordinate, and the site tolerance is “Refer to Technical Planning Guidelines.” Licensees must ensure their actual transmitter location falls within that tolerance. Any relocation would require a variation of the LAP.

Rights of third parties to apply for variation. The plan itself does not create rights for third parties, but the Broadcasting Services Act allows interested parties (including potential licensees) to apply to the ACMA for a variation of a LAP. This is the only avenue for a new entrant to obtain spectrum in the Northam area, subject to technical feasibility and public interest considerations.

The Licence Area Plan itself is a determination made under section 26(1) of the Broadcasting Services Act 1992. It does not contain a separate penalties schedule; rather, enforcement arises from the parent Act and the Radiocommunications Act 1992. A licensee who operates a broadcasting service otherwise than in accordance with the LAP contravenes the conditions of their licence under the Broadcasting Services Act. The Act provides for civil and criminal penalties for such contraventions, including fines and, in serious cases, suspension or revocation of the licence. Specifically, section 132 of the Broadcasting Services Act makes it an offence to provide a broadcasting service without a licence or in breach of a licence condition, with penalties for individuals of up to $5,000 and for bodies corporate of up to $10,000 per day. If the breach is not a condition of the licence but rather a breach of the LAP (which is a legislative instrument), the same penalties may apply because the LAP is part of the regulatory framework. The Australian Communications and Media Authority (ACMA) is responsible for monitoring compliance and investigating complaints from listeners or other broadcasters regarding interference or technical non-compliance.

For technical parameters such as exceeding the maximum cymomotive force or operating on the wrong frequency, the ACMA can issue directions to rectify the breach, impose infringement notices, or take court action. The Radiocommunications Act 1992 also provides for enforcement of spectrum licences and apparatus licences; however, the services in this LAP are likely operating under class licences or apparatus licences issued under that Act. If a broadcaster causes harmful interference to other services, the ACMA can order the service to cease or modify its transmission immediately. In extreme cases, the ACMA can apply to the Federal Court for an injunction or order forfeiture of equipment. The plan’s special condition for the open narrowcasting service (allowing higher power by day) means that operating at that higher power at night would be a breach attracting these penalties.

The absence of a compliance history in the source document suggests no notable enforcement actions specific to this LAP have been widely reported, but licensees should assume that the ACMA actively monitors spectrum use, particularly in regional areas where interference can affect large geographic areas. Compliance with the LAP is a strict duty; ignorance of technical specifications does not excuse non-compliance.

This Licence Area Plan is made under the Broadcasting Services Act 1992 (Cth) (BSA) and must be read in conjunction with that Act. The BSA is the primary statute governing broadcasting in Australia, setting out the regulatory framework for national, commercial, community, and narrowcasting services. The LAP is a subsidiary instrument that implements section 26 of the BSA, which requires the ACMA to determine the number and characteristics of broadcasting services in a licence area. The BSA also contains provisions about licence categories, licence conditions, and enforcement that apply to the services listed in the LAP. For example, the community radio licences (SL010085 and SL010349) are subject to the community broadcasting conditions in Division 2 of Part 6 of the BSA, which includes requirements about local content, sponsorship restrictions, and non-profit status. The commercial licences (SL010385 and SL010045) are subject to commercial broadcasting conditions, including ownership and control rules, and obligations to provide certain types of programming (e.g., local news if required). The national services are provided by the ABC and SBS under their own enabling Acts (the Australian Broadcasting Corporation Act 1983 and the Special Broadcasting Service Act 1991), but they must still comply with the technical parameters set out in the LAP when using the broadcasting services bands.

The Radiocommunications Act 1992 governs the allocation and use of the radiofrequency spectrum. The technical specifications in the LAP (frequencies, power, transmitter sites) are implemented through frequency apparatus licences or class licences under that Act. The carriers (ABC, commercial licensees, community licensees) must hold the appropriate apparatus licences from the ACMA to operate on the assigned frequencies. The LAP does not itself grant those licences; it is a planning document that guides the ACMA in issuing them. The special condition on the open narrowcasting service (daytime power boost) is a technical authorisation that would need to be reflected in the underlying spectrum licence. The LAP also interacts with the Competition and Consumer Act 2010, particularly in relation to anti-competitive conduct in broadcasting markets. The allocation of only two commercial licences in the Northam area may be a barrier to entry, but the plan itself is a regulatory decision immune from competition law challenge if made under the BSA. However, the behaviour of commercial licensees (e.g., mergers, agreements about advertising rates) remains subject to the general competition provisions.

The LAP does not directly interact with workplace health and safety laws, environmental laws (except insofar as transmitter sites may require local council approvals), or privacy laws, because it only deals with technical spectrum matters. However, the licence area definitions are based on 1991 census data, which raises a potential interaction with the Census and Statistics Act 1905 and the Australian Bureau of Statistics Act 1975, as the LAP relies on that data for its demographic measurements. The plan is not a tax instrument, so it has no interaction with taxation law.

The source document is a standalone determination dated 27 August 1996 and describes itself as the “Licence Area Plan - Northam (Radio) - August 1996.” It does not contain any reference to earlier or later amendments, variations, or revocations. Under the Broadcasting Services Act 1992, a Licence Area Plan can be amended by the ACMA (formerly the ABA) by making a new determination under section 26 or by varying the existing determination under section 26A. The ACMA’s website and the Federal Register of Legislation would show whether this plan has been superseded, varied, or revoked. Given the date (1996) and the subsequent restructuring of the radio broadcasting industry (including digital radio rollout, changes to ownership limits, and reassignment of spectrum for new services), it is highly likely that this plan has been amended or replaced. In particular, the commercial radio landscape in regional Australia has seen consolidation, and the two commercial licences (SL010385 and SL010045) may have been merged or assigned to different licensees. The community licences may also have been varied or new community services added. The technical specifications, such as frequencies (e.g., 864 kHz, 1215 kHz), may have been changed due to international coordination or interference issues. Since the source does not provide any amendment history, the safest conclusion is that the plan as presented in this document is the original version. A practitioner relying on this plan for current compliance must check the ACMA’s current Register of Licence Area Plans to ascertain whether any amendments have been made, and if so, what the current parameters are. The plan is a legislative instrument and would be published on the Federal Register of Legislation (legislation.gov.au) in its amended form. The absence of amendment detail in the source is a reminder that regulatory instruments can become outdated, and reliance on an uncertified copy from 1996 carries legal risk.

The source document does not mention any litigation, cases, or tribunal decisions involving this Licence Area Plan. It is a technical determination that has likely not been the subject of direct judicial review. Under section 26 of the Broadcasting Services Act 1992, a challenge to a LAP may be brought on grounds of procedural error or jurisdictional error under the Administrative Decisions (Judicial Review) Act 1977 or under the Australian Constitution. Given that the plan was made in 1996, any application for review would have needed to be brought within a reasonable time (typically 28 days for ADJR review). No well-known cases involving the Northam Radio LAP appear in standard legal databases. The plan itself is not a decision that directly affects individual rights in the way that a licence refusal or a penalty notice does; it is a broad planning instrument. Therefore, litigation is less likely. However, the plan could have been indirectly relevant in disputes about interference between broadcasters in the region, or in proceedings where a licensee argued that the plan’s technical parameters were impossible to meet. For instance, if a commercial licensee wanted to change its transmitter site but was prevented by the plan, they might have sought a variation or a review of the plan as part of a broader dispute. Without a specific case cited, the absence of litigation history suggests that the plan has been applied without significant legal contest. It is also possible that any litigation was before the Australian Administrative Appeals Tribunal (AAT) under the now-repealed broadcasting-specific merits review provisions, but the source does not indicate this. Practitioners should not assume the plan is immune from challenge in the future if its application gives rise to a dispute, such as a proposal to vary the plan that affects existing licensees’ rights. The plan’s reliance on 1991 census data could also be a vulnerability if outdated data leads to licence areas that no longer reflect the population distribution. However, no litigation on that basis is recorded in the source.

Outdated census data. The licence areas for commercial and community services are defined using the 1991 Australian Bureau of Statistics census. By 1996, those data were already five years old; today they are decades out of date. The actual population distribution in the Northam region will have changed significantly. The commercial licence area of 25,539 persons in 1991 is almost certainly not the current population. This matters for regulatory purposes because the BSA uses population figures for ownership and control rules (e.g., the “one-to-a-market” rule for regional commercial radio licences). It also affects the value of the licence: a broadcaster buying a licence in 1996 would have paid for a 25,539-person area, but today the area may be larger or smaller. If the ACMA updates the LAP, the adjusted data could change the licence area, potentially affecting advertising revenue and compliance with local content requirements. Licensees relying on the 1991 figures for investment decisions should verify whether the plan has been subsequently varied.

Daytime power limit for open narrowcasting. The open narrowcasting service (1323 kHz) has a special condition permitting a maximum CMF of 670 V during daytime (from one hour after local sunrise to one hour before local sunset), but only 370 V at all other times. This means the service cannot transmit at full power at night without exceeding the limit. Compliance requires the licensee to monitor sunrise and sunset times accurately and adjust transmitter output accordingly. Failure to reduce power at the correct times is a breach. This is an unusual condition and easy to miss. The note does not specify how the sunrise/sunset times are to be determined (local time, sun position, or official meteorological data). Ambiguity here could lead to unintentional non-compliance.

Site tolerance ambiguity. Each transmitter specification states “Site Tolerance: Refer to Technical Planning Guidelines.” The plan does not reproduce those guidelines. A licensee must obtain the ACMA’s Technical Planning Guidelines (likely a separate document) to know the acceptable tolerance for moving the transmitter from the nominal site. If a licensee relocates even by a few metres without checking the tolerance, they may be in breach. The guidelines may also require prior approval for any site change. The plan does not provide a direct link or reference number for the guidelines.

Interference risk between services. The plan allocates several AM services on frequencies that are close together (1215 kHz, 864 kHz, 1323 kHz, 954 kHz). Although the technical specifications are designed to avoid interference, in practice adjacent channel interference can occur, especially at night when AM signals propagate further. The plan does not include any interference protection ratios or coordination requirements; it simply fixes the maximum CMF. A licensee suffering interference from another service must rely on the ACMA’s general enforcement powers, which may be a slow process.

Community licence areas are small. The community licence for Northam covers only the Town of Northam (6,546 persons), and the York community licence covers 2,506 persons. These populations are very small for a radio station, especially one operating on AM (Northam) and FM (York). The financial viability of such stations is precarious. They may rely heavily on volunteers and government grants. The plan does not provide any spectrum for additional community services, so the existing licensees have a protected market, but they also have a limited audience base that constrains growth.

No allowance for digital radio. The plan is from 1996, before digital radio (DAB+) was introduced in Australia. It only provides for AM and FM analogue services. Licensees wanting to offer digital services in the Northam area would need a separate LAP or multiplex licence. The plan does not reserve any spectrum for digital, which could be a barrier to modernisation.

Licensees and operators of the eight broadcasting services listed in the Northam Radio LAP must ensure their transmissions conform exactly to the technical specifications set out in the relevant attachment. The first step is to identify which service licence number (if any) applies and then locate the corresponding transmitter specification number and attachment. For example, the commercial service on SL010385 must comply with TS002341 (864 kHz, AM, 424 V CMF, site 7km SW of Northam). The licensee must verify that the transmitter site is within the tolerance allowed by the ACMA’s Technical Planning Guidelines. If the site has moved since 1996, the licensee should have obtained a variation to the LAP; otherwise, they are likely non-compliant.

Second, the licensee must ensure that the actual power radiated does not exceed the maxima. For AM services, the cymomotive force (CMF) must be measured or modelled to confirm that it does not exceed 212 V (for the national service on 1215 kHz), 424 V (for the 864 kHz commercial), 212 V (for the community on 954 kHz), and for the open narrowcasting service, either 370 V (night) or 670 V (day), depending on the time relative to local sunrise/sunset. For FM services, the effective radiated power (ERP) and antenna height must not exceed the values in the attachment: 80 kW ERP for the three national FM transmitters at Mawson Trig (with a maximum antenna height of 155 m), 10 kW ERP for the commercial service on 96.5 MHz (with a maximum antenna height of 80 m), and 100 W ERP for the York community service on 101.3 MHz (with a maximum antenna height of 20 m). The polarisation is specified as “Mixed” for all FM services, meaning the broadcaster must use mixed polarisation (both horizontal and vertical) and cannot switch to purely horizontal or vertical without a variation.

Third, the licence area restrictions apply. For the commercial and community services, the licensee must ensure that their broadcasting is directed primarily at the defined area. While the plan does not specify a required minimum coverage or signal strength within the area, the transmitter location and power are intended to serve that area. If the service is receivable in a wider area, that is generally permissible, but the licensee cannot claim a larger licence area for advertising or regulatory purposes.

Fourth, the open narrowcasting service must implement a power reduction mechanism that is reliable. The licensee should install a timer or controller that adjusts the transmitter power based on daily sunrise/sunset times for the Northam latitude. It is advisable to document the compliance method and maintain records of power output at different times.

Fifth, licensees should periodically check the ACMA’s website for any amendments to the LAP. The plan may have been varied since 1996, and the current version could contain different technical parameters, frequencies, or licence areas. Reliance on the 1996 version alone is dangerous. All licensees should maintain a current copy of the LAP as registered on the Federal Register of Legislation.

Finally, licensees should engage a qualified broadcast engineer to perform measurements or modelling to demonstrate compliance, and keep those records for at least seven years (or as required by the ACMA). In case of any change (e.g., new building near the transmitter site that might affect radiation pattern), a new compliance assessment should be conducted. For the community services, which often have limited budgets, the compliance burden is particularly heavy relative to their revenue, but it is mandatory. Non-compliance risks enforcement action, including fines and potential licence revocation.