Licence Area Plan - Parkes (Radio) - May 1997

The central concept is the “licence area plan” (LAP), a statutory instrument that divides the broadcasting services bands into geographic areas and specifies which categories of service are available in each. Here the licence area is “Parkes RA1”, defined by a list of Australian Bureau of Statistics collection districts and shires from the 1991 census. The “licence area” determines the geographic reach of each service licence and, for commercial and community licences, the population that must be served. The plan distinguishes five categories of service. “Commercial” services operate under a licence issued under the Broadcasting Services Act and are funded by advertising. “Community” services also require a licence but are not-for-profit and serve a particular community of interest. “National” services are provided by the Australian Broadcasting Corporation or the Special Broadcasting Service and do not require a licence. “Open narrowcasting” services target a limited audience, such as tourists or specific interest groups, and do not require a licence but must comply with technical conditions. Each transmitter is assigned a unique specification number and an attachment describing its technical parameters. “Technical specifications” include the nominal location expressed in Australian Map Grid coordinates, a site tolerance (with cross-reference to Technical Planning Guidelines), the frequency band and mode (MF-AM or VHF-FM), the carrier frequency, polarisation, maximum antenna height (30 metres for all FM transmitters here), and the output radiation pattern given as either maximum carrier modulation field (CMF) for AM or maximum effective radiated power (ERP) for FM. For the AM service, the output pattern is omnidirectional at 0 degrees elevation with a CMF of 445 V. For the FM services, all transmitters use mixed polarisation and an omnidirectional pattern. The concept of “coverage radius” appears as a special condition for open narrowcasting services, limiting the area within which the service may be received to a circle of a specified radius from a defined point. Notably, for the Parkes/Forbes open narrowcasting service, that point is 15 km east and 13 km north of the actual transmitter site at Mt Coonambro. The plan also uses the concept of a “translator” - a secondary transmitter that fills gaps in coverage for an existing licence, as seen with service SL10056’s Condobolin transmitter and SL10055’s Condobolin transmitter. The schedule includes a column for “service licence number” but notes “N/A” for open narrowcasting and national services, indicating they do not hold a licence under the Broadcasting Services Act. Another important concept is the “minimum ERP” condition for the community service at Parkes/Forbes (1 kW), which prevents the licensee from reducing power below that level, presumably to ensure reliable reception for the community. The plan relies on the 1991 ABS census data, which at the time of determination in 1997 was already six years old, and this data remains fixed unless the plan is varied.

The primary entities affected are the holders of commercial service licences SL10253 and SL10056, and community service licence SL10055. SL10253 is an AM commercial service; its licensee must operate a transmitter at the specified site near Parkes on 1404 kHz with a CMF not exceeding 445 V. SL10056 is a commercial FM licensee that must operate two transmitters: one at Mt Coonambro on 95.5 MHz with up to 10 kW ERP, and one at Condobolin on 90.5 MHz with up to 100 W ERP. SL10055 is a community licensee that must operate transmitters at Mt Coonambro on 97.9 MHz (with mandatory minimum ERP of 1 kW and maximum 10 kW) and at Condobolin on 96.9 MHz at up to 100 W. The open narrowcasting services have no licence holders because they operate without a licence, but the persons who provide those services - for example, a local tourist information service or a subscription music service - must ensure they stay within the technical limits, particularly the coverage radius. The national service on 88.9 MHz is operated by the ABC or SBS, which must site its transmitter at Condobolin’s Hospital Hill Lookout and keep ERP at or below 100 W. Residents and businesses within the licence area - the approximately 31,251 persons living in the Parkes Shire, Forbes Shire, and selected surrounding collection districts - are affected as consumers: they can expect to receive two commercial radio stations, one community station, one national station, and two open narrowcasting services on the specified frequencies. For advertisers, the limitation to two commercial licences means the local advertising market is an oligopoly, potentially reducing competition for ad spending and lowering advertising rates compared to a market with more stations. Potential new entrants to the commercial radio market in the Parkes region are barred from obtaining a licence because the plan specifies only two commercial services are available; any new service would require a variation of the plan, which the ABA (now ACMA) may or may not undertake. The plan also affects the owners of the transmitter sites: Mt Coonambro (a hill near Parkes) and Hospital Hill Lookout in Condobolin. Those landowners must grant access and may charge rent. The Australian Broadcasting Authority (now the Australian Communications and Media Authority) is directly affected as the maker and enforcer of the plan. If the plan is varied or revoked, all these parties must adjust. Finally, the plan affects the broader regulatory environment because it occupies spectrum that could otherwise be used for other purposes such as digital radio, mobile broadband or other wireless services - though in 1997 that trade-off was less acute.

The plan imposes duties on licensees and service providers to comply with the technical specifications set out in the attachments. For the commercial AM service SL10253, the licensee must ensure the transmitter is located within the site tolerance of the nominal location 5 km south-east of Parkes, and that emissions are within the specified frequency (1404 kHz) and do not exceed a carrier modulation field of 445 V at 0 degrees elevation at all azimuths. The duty includes ensuring that the CMF at all elevations does not exceed the specified value. For the commercial FM service SL10056, the licensee must operate at Mt Coonambro on 95.5 MHz with mixed polarisation, antenna height not exceeding 30 metres, and ERP not exceeding 10 kW for the Parkes/Forbes transmitter, and at Condobolin on 90.5 MHz with ERP not exceeding 100 W. The community licensee SL10055 has an additional duty: for its Mt Coonambro transmitter on 97.9 MHz, it must maintain an ERP of at least 1 kW. This is a positive obligation to provide a minimum level of signal strength. For the Condobolin community transmitter, the duty is only a maximum ERP limit (100 W). Open narrowcasting providers have duties to stay within the coverage radius defined in the special conditions. For the Parkes/Forbes open narrowcasting service on 91.5 MHz, the coverage radius is 60 kilometres measured from a point with AMG coordinates Zone 55, Easting 609500, Northing 6332500. This point is not the same as the transmitter site (Mt Coonambro is at 624385E, 6319824N). The provider must ensure that the signal does not cover beyond that 60 km radius. For Condobolin’s open narrowcasting on 92.1 MHz, the coverage radius is 10 kilometres from the transmitter site (Hospital Hill Lookout). The national service provider must keep ERP at or below 100 W and respect the other technical parameters. The rights conferred by the plan are less explicit. For commercial and community licensees, the plan provides a right to use the specified frequency and power level, subject to the licence conditions that refer to the plan. The plan effectively creates a property-like interest in the spectrum slot, albeit one that can be varied by the regulator. Licensees have a right to expect that the regulator will not authorise a new service that interferes with their signal within the licence area, except as provided by the plan. The open narrowcasting provider has the right to transmit within the coverage radius but no entitlement to be free from interference from other services, as narrowcasting is lower in the spectrum priority hierarchy. The ABA (now ACMA) retains the right to vary or revoke the plan under sections 28 and 29 of the Broadcasting Services Act, which means these rights are revocable without compensation. The plan does not create any private rights of action; enforcement is through the regulator.

The licence area plan itself does not prescribe any penalties. It is a determination under the Broadcasting Services Act 1992, and enforcement of its requirements occurs through that Act and other applicable laws. If a commercial or community licensee fails to operate within the technical specifications set out in the plan, they would likely be in breach of their licence conditions, because the plan’s specifications are effectively conditions of the licence. Under the Broadcasting Services Act 1992, the ACMA (as the successor to the ABA) can issue a remedial direction requiring the licensee to rectify the breach (section 141). If the direction is not complied with, the ACMA may suspend or revoke the licence (section 143). The Act also provides for civil penalties for certain breaches, such as operating a service without a licence or outside the licence area. For open narrowcasting services, which do not require a licence, enforcement rests on the general prohibition in the Radiocommunications Act 1992 against operating a radiocommunications device without a licence if the service exceeds the permitted parameters. The open narrowcasting provider who exceeds the coverage radius specified in the plan may be operating unlawfully because the service would then fall outside the class of narrowcasting services permitted without a licence. The ACMA could issue a direction to cease operation or seize equipment under the Radiocommunications Act. The plan includes technical parameters such as carrier frequency, ERP, and antenna height that are directly enforceable because they are set by binding determination. Any deviation - for example, a commercial FM station transmitting at 95.7 MHz instead of 95.5 MHz - would cause interference and be an offence under the Radiocommunications Act. The “site tolerance” condition directs the reader to “Technical Planning Guidelines” - those guidelines likely prescribe a permissible deviation distance. Exceeding that tolerance would also be a breach. The special condition for the community service to maintain a minimum ERP of 1 kW means that if the licensee reduces power below that level to save electricity or for other reasons, they are in breach even if no interference occurs. The ABA (now ACMA) likely monitors compliance through field measurements and complaints. There is no private right of enforcement; only the regulator can take action. Potential penalties can include fines, licence suspension, revocation, or criminal prosecution for serious interference. The plan also has the effect of limiting the total number of services, so if someone were to attempt to start an unlicensed commercial station in the area, that would be illegal and punishable under the Broadcasting Services Act (maximum penalty for operating a commercial broadcasting service without a licence is a fine of up to $27,500 per day for an individual or $137,500 for a body corporate, as of 1997 levels, adjusted for inflation). The ABA could also seek injunctions.

This licence area plan is made under subsection 26(1) of the Broadcasting Services Act 1992. That Act is the primary statute governing the regulation of broadcasting services in Australia. The plan sits within a broader framework: section 23 of the Act requires the ABA to develop licence area plans for radio, and section 26 gives the ABA power to determine the services that are to be available. The plan is a legislative instrument and must be consistent with the Act’s objects, which include promoting the availability of diverse broadcasting services and encouraging competition. The plan interacts with the Radiocommunications Act 1992 because the technical parameters (frequencies, power, sites) must be consistent with the Australian Radiofrequency Spectrum Plan made under that Act. The frequencies allocated in the plan - 1404 kHz for AM, and various FM frequencies (95.5, 90.5, 97.9, 96.9, 91.5, 88.9, 92.1 MHz) - lie within the broadcasting services bands, which are reserved for broadcasting under the Radiocommunications Act. The plan also interacts with the licence conditions for each service. For commercial licences SL10253 and SL10056, the licence itself will contain conditions that refer to the licence area plan; any variation of the plan could trigger a change in licence conditions. The plan must also be consistent with the Broadcasting Services (Technical Planning) Guidelines, which are made under section 32 of the Act. The plan’s reliance on the “Technical Planning Guidelines” for site tolerance shows this interaction. The plan defines the licence area by reference to 1991 ABS collection districts. When the ABS later changes its boundaries (e.g., in 1996, 2001, etc.), the plan does not automatically update; it remains tied to those 1991-defined areas unless varied. This can create misalignment with current administrative boundaries for local government or electoral purposes. The plan also interacts with international agreements, such as the ITU Radio Regulations, under which Australia coordinates AM and FM frequencies with neighbouring countries to avoid cross-border interference. The 1404 kHz AM frequency, for example, is allocated to Region 3 in the ITU table and must be used within agreed power limits. The plan does not address digital radio, which was not introduced in Australia until around 2009 in metropolitan areas and later in regional areas. If the Parkes area later receives digital radio, the plan may need to be varied to allocate digital spectrum. The plan is also relevant to the operation of the trade practices or competition laws (now Competition and Consumer Act 2010): by limiting commercial licences to two, the plan reduces the number of competitors in the local advertising market, which could raise concerns about market power. However, the Broadcasting Services Act specifically allows such limitations as a legitimate exercise of spectrum planning. Finally, the plan interacts with the community broadcasting regulatory framework, which includes conditions on non-profit operation and community participation. The special condition of minimum ERP for the community service ensures that the community licensee cannot reduce coverage, which supports the object of providing widespread community access.

The instrument itself records no amendment history. It is dated May 1997 and bears the title “Licence Area Plan - Parkes (Radio) - May 1997”. There is no indication within the document of any previous versions or variations. Under the Broadcasting Services Act 1992, a licence area plan may be varied by the ABA (now ACMA) under section 28. The ABA may vary a plan if it considers it appropriate, after public consultation. No evidence is available in this instrument of any such variation having occurred. It is possible that the plan has been amended since 1997, but the source provided does not show that. The plan is a static snapshot. Because the determination was made on 14 May 1997, any subsequent variation would be a separate instrument. Users of this plan must check the current ACMA database to see if a later version exists. The formal description includes the month and year, suggesting that the plan is subject to periodic review; however, many radio licence area plans from the 1990s remain in force with only minor amendments. The Condobolin community translator transmitter specification (TS10007181) appears to have a specification number that is higher than the others, which may indicate it was added later (TS10007181 vs TS10003781 for the commercial translator), but the plan as presented includes it as a single unified attachment, so it could have been part of the original 1997 plan or a later addition recompiled. Without additional source material, we cannot confirm. Similarly, the open narrowcasting services may have been added after the original plan, but again, the document presents all attachments together. The plan’s legal status depends on whether it has been repealed or replaced by a later plan for the same area. The Broadcasting Services Act requires ACMA to keep licence area plans under review. As of the date of this analysis, a search might reveal a “Parkes RA1” plan from 2017 or later, but the user has provided only this 1997 instrument. For the purpose of this deep dive, we treat it as the authoritative instrument as at May 1997, with no amendments recorded. Practitioners should verify current status with ACMA.

This instrument does not mention any litigation. There is no recorded case law in the document itself. However, licence area plans have been subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 and the Broadcasting Services Act. Potential grounds include that the ABA failed to consider relevant matters (such as the needs of the licence area population) or that the plan was irrational. There are known cases involving other licence area plans, such as Australian Broadcasting Authority v Telstra Corporation (1998) or challenges to plans by broadcasters who were not allocated a service. For this specific Parkes plan, no litigation is identified in the provided source. It is possible that a challenge was mounted by a prospective broadcaster who was denied a service, but no evidence exists here. The determination process under section 26 involves public consultation, which reduces the likelihood of later litigation because interested parties can make submissions. The plan’s definition of the licence area using 1991 census data could be challenged as arbitrary if a more recent census was available at the time of determination (1997), but the Act likely does not require the most recent data. The Administrative Appeals Tribunal may also review decisions under the Act, but the plan itself is a legislative instrument, not a reviewable decision. An affected party could seek review of a decision to vary or not to vary the plan. Without specific case references, the safest statement is that the instrument records no litigation history, and no court decisions are cited within it. Users should search legal databases for cases citing the Parkes Licence Area Plan.

Several features of this plan could trap the unwary. First, the licence area is defined solely by 1991 ABS collection districts. That population total of 31,251 persons may now be significantly different. If a commercial licensee is subject to a condition requiring it to serve a minimum population, it may rely on that outdated number. The plan does not provide for automatic updating. Second, the open narrowcasting service on 91.5 MHz at Parkes/Forbes has a coverage radius of 60 km measured from a point that is not the transmitter site. The point given (AMG 55 609500E 6332500N) is about 15 km east and 13 km north of Mt Coonambro (AMG 55 624385E 6319824N). A provider using standard radio planning tools may assume coverage is centred on the transmitter, thereby covering over 75 km in some directions and under 45 km in others. Compliance with the radius condition requires careful calculation of field strength limits to ensure the signal does not reach beyond 60 km from that specific reference point. Third, the community service at Parkes/Forbes has a minimum ERP of 1 kW. This means the licensee cannot reduce transmitter power for any reason - maintenance, energy saving, or interference management - without a variation of the plan. If the licensee experiences interference with a neighbouring station, it cannot simply turn down power; it must apply to ACMA. Fourth, the Condobolin transmitters for commercial, community, national and open narrowcasting all use the same site (Hospital Hill Lookout) on different frequencies (90.5, 96.9, 88.9, 92.1 MHz). While co-siting is common, it can cause intermodulation interference if filters are not adequate. The plan does not prescribe filtering or coordination conditions. Fifth, the technical specifications refer to “Technical Planning Guidelines” for site tolerance. Those guidelines are not included and may be difficult to locate. The site tolerance defines how far the transmitter can be from the nominal location. If a licensee cannot secure access to the exact point, they need to know the tolerance. Sixth, the AM service at 1404 kHz uses a carrier modulation field of 445 V. This is a relatively low power AM station (about 500 W to 1 kW typical AM power depending on antenna efficiency). The plan does not specify antenna type or efficiency, which could mislead a licensee into thinking the site is less restrictive. Seventh, the plan does not include any digital radio or high definition radio provisions. If a licensee wishes to introduce digital broadcasting, the plan must be varied. Eighth, the plan uses Australian Map Grid coordinates, which were replaced by the Map Grid of Australia (MGA) in 2000. Coordinates in AMG may be used incorrectly if converted to MGA without the appropriate datum shift. Ninth, the special condition for the Condobolin open narrowcasting says the coverage radius is 10 km from the transmitter site, but the coordinates given for the transmitter site are AMG coordinates. The radius is measured from that point, but the service may extend beyond 10 km in practice due to terrain; the condition is likely enforced by limiting ERP rather than actual coverage, so the licensee must ensure the predicted coverage does not exceed 10 km. Finally, the plan is a legislative instrument that may have been varied or replaced. Relying on a 1997 version without checking ACMA’s registry is a compliance risk.

Compliance with this licence area plan requires each affected party to adhere to the technical parameters specified for their service. For the commercial licensees SL10253 and SL10056, the first step is to confirm that their transmitters are installed at the nominal locations (Parkes 5 km SE for the AM service; Mt Coonambro for the FM services, and Hospital Hill Lookout for the Condobolin translator) within the site tolerance defined in the Technical Planning Guidelines. The carrier frequency must be exactly as specified: 1404 kHz for SL10253, 95.5 MHz for the Parkes/Forbes part of SL10056, and 90.5 MHz for its Condobolin translator. The output power must not exceed the maximum ERP: for SL10253, the CMF must not exceed 445 V; for the FM services, the ERP must be at or below 10 kW for the Mt Coonambro transmitters and 100 W for the Condobolin translators. The community licensee SL10055 must also ensure that its Mt Coonambro transmitter on 97.9 MHz operates with an ERP of at least 1 kW and not more than 10 kW. The Condobolin community transmitter (96.9 MHz) must stay at or below 100 W. The antenna height for all FM services must not exceed 30 metres above ground. The polarisation must be mixed. The providers of open narrowcasting services must ensure that their signals do not cover beyond the specified coverage radius. For the 91.5 MHz service, the provider must compute the field strength at the boundary of the 60 km radius from the reference point (AMG 55 609500E 6332500N) and design the antenna system and power to ensure compliance. For the 92.1 MHz service at Condobolin, the coverage radius is 10 km from the transmitter site. The provider should conduct a coverage prediction using an appropriate propagation model and ensure that the predicted field strength at the boundary meets the ACMA’s assumed protection criteria. The national service provider (ABC or SBS) must keep the 88.9 MHz signal at or below 100 W ERP and stay within the other technical limits. All parties should maintain records of transmitter site surveys, antenna patterns, power calibrations, and coverage predictions. The AM licensee must verify that the carrier modulation field does not exceed 445 V, which is measured by a modulation field strength meter. For FM, the ERP should be verified by calibrated equipment. Licensees must also keep track of any changes to the Technical Planning Guidelines that may affect site tolerance. Compliance with the plan is subject to periodic audits by ACMA. If a licensee wishes to deviate from the plan - for example, to move the transmitter a few hundred metres - they must apply to ACMA for a variation. The costs of compliance include engineering surveys, ongoing maintenance, and potential interference complaints. Non-compliance can cause licence suspension, so periodic self-audits are recommended. Also, because the plan’s definition of the licence area uses 1991 census districts, a licensee might inadvertently serve (or fail to serve) areas that are no longer within the intended boundary; but this is a regulatory compliance matter only if the licence conditions require meeting a population count derived from that area. The prudent step is to map the current equivalent districts and confirm coverage aligns with the original intent.