Futrends Pty Ltd and Australian Communications and Media Authority

This matter concerned an appeal by Futrends Pty Ltd against a decision by the Australian Communications and Media Authority (ACMA) to cancel ten Low Power Open Narrowcasting (LPON) licences. The dispute arose from ACMA's determination that Futrends had breached conditions of these licences, specifically the requirement to provide the service with "reasonable regularity" and to maintain records of operation.

The primary legal issues before the Tribunal were whether Futrends had breached any licence conditions, and if so, whether ACMA's discretion to cancel the licences had been appropriately exercised. The Tribunal was required to interpret the meaning of "reasonable regularity" in the context of LPON licence conditions and consider the evidence presented regarding the actual provision of services and record-keeping by Futrends.

The Tribunal found that Futrends had breached the licence condition requiring the maintenance of records concerning the commencement, hours of operation, and provision of the service. Furthermore, the Tribunal determined that Futrends had failed to provide the services with "reasonable regularity." Applying the ordinary meaning of "regularity" as "used, done, or happening on a frequent or habitual basis," and considering the purpose of the condition to prevent licences from being hoarded, the Tribunal concluded that the sporadic and infrequent broadcasts by Futrends did not meet this standard. The Tribunal noted that the limited use of some licences on only one or two occasions over several years, particularly when those uses were only six months apart, did not constitute habitual use.

Consequently, the Tribunal affirmed ACMA's decision to cancel the LPON licences.