Variation to Licence Area Plan – Perth Radio – 2025 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2025L01506 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Perth Radio – 2025 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Perth Radio – 2025 (No. 1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).

The ACMA may, by legislative instrument, vary a licence area plan (LAP) under subsection 26(2) of the Act.

Purpose and operation of the instrument

LAPs determine the number and characteristics, including technical specifications, of broadcasting services that are to be made available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority determined the Licence Area Plan – Perth Radio (F2005B01256) (Perth LAP) on 11 October 2001.

The instrument primarily varies the characteristics, including technical specifications, of radio broadcasting services in the Perth area of Western Australia.

The main variations are to convert transmission of the Australian Broadcasting Corporation (ABC) national radio broadcasting services 6WF, 6RN and 6PB from the AM frequency band to the FM frequency band. The instrument does this by:

  • changing the technical specifications to the Perth City ‘Mac FM’ high powered open narrowcasting (HPON) service, to make FM spectrum used by that service available for the 6RN service; and
  • changing the technical specifications to the 6SEN and 6KCR community radio broadcasting services, to make FM spectrum used by those services available for the 6WF and 6PB services.

The instrument also varies the Perth LAP to make spectrum available for a new community radio broadcasting service to serve the Swan area of Perth.

The instrument also varies the technical specifications of the following radio broadcasting services to reflect actual operating conditions:

  • three national broadcasting services, 6ABCFM, 6JJJ and 6SBSFM;
  • a commercial broadcasting service, 6iX; and
  • five community radio broadcasting services: 6NME, 6RTR, 6SON, 6NR, and the service with a service licence number SL185 (which was previously operating with a call sign 6EBA).

The variation to the technical specifications for the 6iX service is also aimed at addressing potential interference issues.

The instrument also makes minor variations, including updates to some transmitter site nominal locations and replacing Australian Map Grid References for transmitters with co-ordinates using the Geocentric Datum of Australia 1994 (GDA94).

The instrument also removes specific references to the Broadcasting Services (Technical Planning) Guidelines 2017 (the 2017 Guidelines), and replaces them with provisions that:

  • refer to any guidelines made under section 33 of the Act; and
  • are intended to clarify the relationship between the technical specifications determined in the Perth LAP and any guidelines made under section 33 of the Act.

These changes, in relation to guidelines under section 33 of the Act, do not affect the operation of radiocommunications transmitters under a licence issued under section 102 of the Radiocommunications Act 1992 (Radiocommunications Act), or under NBS transmitter licences (within the meaning of the Radiocommunications Act).

It is a condition of each transmitter licence issued under section 102 of the Radiocommunications Act that the licensee:

  • must not operate a radiocommunications transmitter otherwise than in accordance with any relevant technical specifications determined under subsection 26(1) of the Act (paragraph 109(1)(d) of the Radiocommunications Act); and
  • must comply with guidelines developed by the ACMA under section 33 of the Act (paragraph 109(1)(e) of the Radiocommunications Act).

Operation of a radiocommunications device is not authorised by an apparatus licence (including a transmitter licence issued under section 102 of the Radiocommunications Act) if it is not in accordance with the conditions of the licence (subsection 97(4) of the Radiocommunications Act). Under section 46 of the Radiocommunications Act, it is an offence, and subject to a civil penalty, to operate a radiocommunications device otherwise than as authorised by a spectrum licence, apparatus licence or a class licence. The Radiocommunications Act prescribes the following maximum penalties for the offence:

  • if the radiocommunications device is a radiocommunications transmitter, and the offender is an individual – imprisonment for 2 years;
  • if the radiocommunications device is a radiocommunications transmitter, and the offender is not an individual – 1,500 penalty units (which is $495,000 based on the current penalty unit amount of $330);
  • if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).

The Radiocommunications Act, in subsection 46(3), prescribes the following maximum civil penalties:

  • if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($99,000);
  • if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).

It is an offence, and subject to a civil penalty, to possess a radiocommunications device for the purpose of operating the device otherwise than as authorised by a spectrum licence, apparatus licence or class licence (section 47 of the Radiocommunications Act). The Radiocommunications Act prescribes the same penalties for this offence and civil penalty contravention as for the offence and civil penalty contravention in section 46 of the Radiocommunications Act.

In addition, an apparatus licensee must not contravene a condition of the licence. Contravention is subject to a civil penalty (section 113 of the Radiocommunications Act). The Radiocommunications Act prescribes a maximum civil penalty of 100 penalty units ($33,000).

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA), and is disallowable.

Item 13 of the table at regulation 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 provides that LAPs are not subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA. According to the explanatory statement to that regulation:

Instruments made under section 26 of the Broadcasting Services Act include licence area plans … These instruments provide for the planning of broadcasting services. They are intended to be enduring to provide certainty for industry in making significant investment decisions concerning the provision of broadcasting services in the relevant licence areas.

The Explanatory Memorandum for the Legislative Instruments Bill 2003 stated that some of the rationales for exemption from sunsetting included:

  • where the instrument is clearly designed to be enduring and not subject to regular review…
  • where commercial certainty would be undermined by sunsetting. For example, the table includes plans of management made under the Fisheries Management Act 1991 – substantial investments are made in reliance on plans that are intended to be in force for substantially longer periods than 10 years.

There are a number of factors that point to the benefit of commercial certainty being undermined if LAPs were to sunset every 10 years, and which suggest that LAPs are intended to be enduring:

  • Broadcasting services have been provided in Australia since the first half of the twentieth century, and continue to be a significant part of daily life in Australia.
  • There is no express power to revoke a LAP. The bulk of the services provided are intended to be for long duration. Commercial and community broadcasting licences are allocated for five years, and are subject to regular renewal after that time. Under section 47 of the Act, the ACMA must renew commercial broadcasting licences unless it is satisfied that allowing the licensee to continue to provide commercial broadcasting services would lead to a significant risk of an offence or a breach of a civil penalty provision under the Act occurring, or a breach of the licence conditions occurring. The regulatory regime clearly intends that generally, once commenced, these services continue uninterrupted, where possible.
  • A person must not be in a position to exercise control of more than two commercial radio broadcasting licences, or one commercial television broadcasting licence, in the same licence area (sections 53 and 54 of the Act). Particular considerations apply to overlapping licence areas (section 51 of the Act). A change to a licence area may cause section 51 of the Act to operate in circumstances where it did not previously operate, and place a person in breach of section 53 or section 54 of the Act.
  • The provision of broadcasting services involves the deployment of significant infrastructure, especially the radiocommunications transmitters used to provide the service that are planned in licence area plans. As of 19 November 2024, there were 261 commercial radio broadcasting licences, 68 commercial television broadcasting licences and 361 community radio broadcasting licences in force. Combined with the national broadcasters and open radio narrowcasting services, this is a substantial group of stakeholders who would be compelled to make submissions to advance their interests and protect their significant investments if LAPs were to sunset and be remade every 10 years.

Parliament continues to have oversight of variations to LAPs, as these instruments are subject to disallowance under the LA. It also has oversight through other mechanisms (e.g., the relevant Senate Estimates Committee). The Minister has the power to give the ACMA a direction about the exercise of the ACMA’s powers to make or vary a LAP for a particular area (see subsection 26(8) of the Act).

Documents incorporated by reference

In accordance with section 14 of the LA, the instrument amends the Perth LAP to incorporate the Radiocommunications Act, and guidelines made under section 33 of the Act, as in force from time to time. The Radiocommunications Act and the current such guidelines, the 2017 Guidelines, may be accessed from the Federal Register of Legislation, free of charge, at www.legislation.gov.au.

The instrument also incorporates the Geodetic Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing at the time the instrument commenced (see paragraph (12)(c) of the Perth LAP). Gazette No. GN 35 can be accessed, free of charge, at www.legislation.gov.au.

The instrument also incorporates the Licence Area Plan – Remote Western Australia Radio (Remote WA LAP), as in force from time to time. The Remote WA LAP may be accessed from the Federal Register of Legislation, free of charge, at www.legislation.gov.au.

Consultation

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

2021 consultation

In April 2021 the ACMA conducted a consultation regarding options for replanning FM frequencies in the Perth area. This consultation was undertaken in response to requests from the ABC and commercial radio broadcasting licensees using the AM band in the Perth area, who sought improvements to the quality of their broadcasting services by the conversion of existing broadcasting services from AM to FM. The consultation paper identified up to 5 additional high-power/wide-coverage FM frequencies that could be used; however, to achieve this outcome some existing FM broadcasting services would need to change frequency.

The ACMA received 17 submissions to the 2021 consultation. Following consideration of the issues raised by the submissions the ACMA published an outcome statement on 14 September 2022. This statement outlined that the ACMA would progress the conversion of the ABC’s AM services to FM in the Perth area (which is achieved through the instrument), while deferring conversions of commercial radio broadcasting services, pending industry consensus. The ACMA also said it would not use those identified FM frequencies to plan new commercial radio broadcasting or open narrowcasting radio services in the Perth area, because this would be too disruptive to the market.

2025 consultation (August and September)

Before making the decision to vary the Perth LAP, the ACMA published a consultation paper on its website on 29 August 2025, which provided the background to its proposals to vary the Perth LAP. This paper also proposed variations to two radio broadcasting services planned in the Remote WA LAP to facilitate the changes in services in the Perth LAP. These variations are subject of a separate variation instrument and accompanying explanatory statement. The following stakeholders were notified by email about the release of the August 2025 consultation paper:

  • radio broadcasting licensees in the Perth RA1, Armadale RA1, Fremantle RA1, Kalamunda RA1 and Wanneroo RA1 licence areas;
  • national broadcasters in the Perth licence area and surrounding areas;
  • the commercial radio broadcasting licensees in the Remote WA LAP affected by the proposals;
  • the peak industry bodies Commercial Radio & Audio, Community Broadcasting Association of Australia, and Australian Narrowcast Radio Association;
  • State and Federal members of Parliament whose electorates include the Perth area, and civic bodies including local councils, shire libraries and community associations.

A social media awareness campaign was also conducted on Facebook and Instagram between 9 and 26 September 2025 to alert the general public within the Perth region to the consultation. This resulted in 1,004,438 impressions of the social media awareness campaign.

The consultation period ended on 26 September 2025, with 15 submissions received.

Five submissions raised no concerns or objections to the proposals.

Four submissions raised objections based on the decisions outlined in the 2022 outcome statement:

  • one submission from a community radio broadcasting service raised concerns that it would be disadvantaged by being the only community broadcasting service in Perth on the AM band.
  • a submission from an HPON service also raised concerns about being disadvantaged by continuing to broadcast on the AM band, claiming it would devalue its licence and reduce diversity. The HPON service’s submission claimed there was enough FM spectrum in the Perth area to convert more services.
  • submissions from two FM commercial radio broadcasting services opposed the conversions of the ABC services, claiming that these services are already available via DAB + digital radio (DAB +), the ABC’s Listen app and ABC on-demand products. They alleged the conversion of the ABC services from the AM band to the FM band risked market distortions by shifting audience demographics and programming formats and that commercial services are disadvantaged by the proposals.

The ACMA considered the above submissions and decided not to make any changes to the instrument, because:

  • the community broadcasting service on the AM band is also provided on DAB + and its content is primarily spoken word (for print handicapped listeners), while the HPON service provides sports-based content. The ACMA is satisfied neither the community or HPON service will be disadvantaged by continuing to broadcast on AM. After the ABC conversions to FM are completed, there will be 6 radio broadcasting services in Perth using AM (1 national simulcasting, 1 community, 2 commercial, 2 HPON), which will provide a diversity of services on the AM band for the Perth market.
  • an ACMA engineering assessment has identified five FM frequencies that are available for use for the replanning of the FM band in the Perth area. After the ABC conversions to FM are completed, there will be two remaining FM frequencies available. The ACMA remains of the view that the best use of these two FM frequencies is for commercial radio broadcasting services, as published in the 2022 outcome statement.
  • the ACMA is satisfied that the conversion of ABC services to FM is unlikely to significantly affect the Perth commercial radio market. While the ABC services on the FM band may attract some listeners from commercial radio broadcasting services that use FM, the ABC is not a competitor in the advertising market.

Four submissions raised other objections to the proposals:

  • an industry body representing narrowcasters raised concerns that the two HPON services in the Perth market would be disadvantaged as they have no pathway to conversion to FM which would deter listeners, devalue their licences and reduce diversity. It requested further exploration of FM availability in the market. It also raised concerns about interference risks to an HPON service raised in the consultation. That HPON service also made a submission raising the same concerns.
  • a member of the public objected to the conversions based on cost, lack of programming choice and pollution. This individual submitted that AM and FM transmissions should be closed on environmental grounds and replaced by DAB +, and supported the adoption of DRM digital standard to cut energy consumption and increase the availability of digital radio in regional areas.
  • another submission by a member of the public opposed the conversions submitting that the proposals gave a disproportionate benefit to ABC services at the expense of spectrum fairness and listener choice. This individual submitted that no comparable opportunity was being given to commercial and community broadcasting services.

The ACMA has considered these submissions and decided not to make any changes to the instrument because:

  • all Australian capital cities have a mix of AM and FM services. The two HPON services in the Perth market provide sports programming, which is well suited to AM and is of narrower appeal than national or commercial radio broadcasting services. The ACMA considers it is more spectrum efficient to reserve FM frequencies for broad appeal national and commercial radio broadcasting services than for services with a narrower appeal.
  • the ACMA is satisfied that the interference risk to the HPON service raised by the consultation would only impact a limited number of listeners with very old legacy receivers. The risk is difficult to accurately measure; however, the ACMA is satisfied with mitigation measures proposed by the ABC.
  • the ACMA considers the closing of AM and FM transmissions would not promote the objects of the BSA or support the industry which has stated its preference for FM conversions. DAB + has been designed as a complementary platform, and not as a replacement technology for analog radio. Digital radio has been available since 2009; however, only 30% of households own a digital radio. HPON and certain (‘sub-metro’) community radio broadcasting services provide important diversity, localism and Australian content, and have no pathway to digital radio allotment under the current regulatory framework.
  • the ACMA remains of the view, for the reasons expressed in the 2022 outcome statement, that the conversion of commercial radio broadcasting services from the AM to FM band in the Perth area should only proceed when there is industry agreement.

2025 consultation (October)

Two submissions to the August 2025 consultation raised concerns with a proposed change to the technical specifications for a community broadcasting service. The affected community broadcasting service, 6SEN, and an industry body that represents the interests of community radio broadcasting services, requested a change to the proposed radiation pattern for the 6SEN service.

Following an assessment by the ACMA, an addendum to the consultation paper was released with a revised output radiation pattern for the 6SEN service for public consultation. This was published on the ACMA website on 3 October 2025. The following stakeholders were notified by email about the release of the addendum to the consultation paper:

  • radio broadcasting licensees in the Perth RA1, Armadale RA1, Fremantle RA1, Kalamunda RA1 and Wanneroo RA1 licence areas;
  • national broadcasters in the Perth licence area and surrounding areas;
  • the peak industry bodies Commercial Radio & Audio, Community Broadcasting Association of Australia, and Australian Narrowcast Radio Association;
  • State and Federal members of Parliament whose electorates include the Perth area, and civic bodies including local councils, shire libraries and community associations.

This consultation period ended on 17 October 2025. Three submissions were received.

Two of the submissions had no objections to the proposal.

One submission, from a member of the public, opposed the change to the radiation pattern of the 6SEN service, and submitted that the service should be exclusively provided by digital radio.

The ACMA has considered these submissions and has decided to make changes to the instrument as proposed in the addendum to the consultation paper. The ACMA considered that despite digital radio being available since 2009, with only 30% of households owning a digital radio it is not yet sufficiently widely available to be regarded as a substitute for AM and FM radio transmission. HPON and certain (‘sub-metro’) community radio services provide important diversity, localism and Australian content and have no pathway to digital radio allotment under the current regulatory framework.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument amends the Perth LAP to make spectrum available to convert transmission of the ABC national radio broadcasting services 6WF, 6RN and 6PB in the Perth area from AM to FM frequencies. These FM transmissions will replace the AM transmissions of the 6WF and 6RN services. The AM transmission of the 6PB service will not be switched off and will be simulcast with the FM transmission; the AM transmission of the 6PB service is required by the Parliamentary Proceedings Broadcasting Act 1946. The instrument changes the frequencies and the technical specifications of the high powered open narrowcasting service, Mac FM; and the community radio broadcasting service, 6KCR; and the technical specifications of the community radio broadcasting service 6SEN, to facilitate the availability of new FM spectrum for the ABC 6WF, 6RN and 6PB services. The instrument also makes spectrum available for a new community radio broadcasting service in the Swan area of Perth.

The instrument also makes minor variations, including updates to some transmitter site nominal locations and replacing Australian Map Grid References for transmitters with co-ordinates using the Geocentric Datum of Australia 1994.

The instrument also removes specific references to the Broadcasting Services (Technical Planning) Guidelines 2017, and replaces them with provisions that:

  • refer to any guidelines made under section 33 of the Broadcasting Services Act 1992 (the Act); and
  • are intended to clarify the relationship between the technical specifications determined in the Perth LAP and any guidelines made under section 33 of the Act.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument engages the right to take part in cultural life in Article 15 of the International Covenant on Economic, Social and Cultural Rights. The instrument promotes the right of people in the Swan area of Perth to take part in cultural life by making spectrum available for a new community radio broadcasting service in the Swan area.

The other changes made by the instrument to the Perth LAP are to the broadcast technology which improves the sound quality of radio programs but does not alter the content or the availability of radio programs to listeners. The ACMA considers that these changes made by the instrument will be of a technical nature and will not impact the ability of broadcasters to reach listeners, nor the nature or type of content that is available to those listeners. In these circumstances and having considered the nature of the applicable rights and freedoms, the ACMA has formed the view that these changes to the Perth LAP made by the instrument do not engage any applicable rights or freedoms.

Conclusion

The instrument is compatible with human rights as it supports the right of people in the Swan area of Perth to take part in cultural life, and does not raise any other human rights issues.

Attachment A

Notes to the Variation to Licence Area Plan – Perth Radio – 2025 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Perth Radio – 2025 (No. 1).

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after it is registered on the Federal Register of Legislation.

The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 26(2) of the Act.

Section 4 Amendments

This section provides for the Perth LAP (F2005B01256) to be varied as set out in Schedule 1 to the instrument.

Schedule 1 – Amendments

Item 1

Item 1 omits the word ‘DETERMINATION’ in the Heading before the clauses of the Perth LAP and replaces it with ‘Licence Area Plan – Perth Radio’ and ‘Determination’.

Item 2

Item 2 repeals clause (1) of the Perth LAP and substitutes the new clause (1):

(1) This plan for broadcasting services in the Perth area of Western Australia is made under subsection 26(1) of the Broadcasting Services Act 1992 (the Act).

Item 3

Item 3 omits each of the occurrence of the word ‘Determination’ in clause (2) and substitutes the word ‘plan’.

Item 4

Item 4 omits each of the occurrence of the word ‘Determination’ in clause (3) and substitutes the word ‘plan’.

Item 5

Item 5 omits each of the occurrence of the word ‘Determination’ in clause (4) and substitutes the word ‘plan’ and omits the words ‘service that is to be available’ in clause (4) and substitutes the words ‘services that are to be available’.

Item 6

Item 6 omits each of the occurrence of the word ‘Determination’ in clause (5) and substitutes the word ‘plan’, and omits ‘Attachment 4.2’ and substitute ‘Attachments 4.2 – 4.3’.

Item 7

Item 7 omits each of the occurrence of the word ‘Determination’ in clause (6) and substitutes the word ‘plan’.

Item 8

Item 8 repeals clause (7) and inserts 6 new clauses:

  • The new clause (7) makes spectrum available for a community broadcasting service to serve the Swan area of Perth.
  • Clause (8) makes it clear that the radiocommunications transmitters planned in the Perth LAP are identified in their relevant Schedule by their corresponding Attachment, frequency, approximate geographic area they are planned to serve, technical specifications number, and for a transmitter planned for provision of services under a broadcasting services bands licence, the licence number.
  • Clause (9) makes it clear that each Attachment, except for an attachment describing an area where broadcasting services are to be available, determines the technical specification of a radiocommunications transmitter, which are:
    • a description, and the geographic coordinates of, the nominal location from which the transmitter must be operated;
    • the frequency on which the transmitter must be operated, and the frequency band containing that frequency, and the mode of transmission the transmitter must use;
    • the required polarisation, maximum antenna height, and maximum effective radiated power or cymomotive force, in each specified direction, of transmissions;
    • any special conditions that apply to the operation of the transmitter, and any circumstances that much exist for a transmitter to be able to be operated or that prohibit the transmitter from being operated.
  • Clause (10) makes it clear that a radiocommunications transmitter may be operated from an alternative site to the nominal location, if such operation complies with any requirements set out for the transmitter and for the operation of the transmitter in guidelines made under section 33 of the Act in relation to operation from an alternative site.
  • Clause (11) provides that in the Perth LAP, ‘radiocommunications transmitter’ has the meaning given by the Radiocommunications Act.
  • Clause (12) provides for the interpretation of terms that appear in the Perth LAP. Paragraph 12(a) specifies that a reference to a schedule or attachment is a reference to a schedule or attachment to the Perth LAP. Paragraph 12(b) specifies that a reference to a legislative instrument in the Perth LAP is a reference to that instrument as in force from time to time. Paragraph 12(c) specifies that a reference to any other kind of instrument or writing in the Perth LAP is a reference to that instrument or writing as in force or in existence at the time the reference was included in the Perth LAP.

 

Item 9

Item 9 omits the words ‘(Determined by the Australian Broadcasting Authority on 11 October 2001)’ from the Perth LAP.  

Item 10 and Schedule 2

Item 10 omits Schedule One from the Perth LAP and substitutes it with Schedule One at Schedule 2 to the instrument. The new Schedule One contains the FM frequencies on which the ABC services will be able to transmit, and makes the necessary changes to the frequencies on which other services transmit.

Item 11 and Schedule 3

Item 11 omits Schedule Four from the Perth LAP and substitutes it with Schedule Four at Schedule 3 to the instrument. The new Schedule Four contains the FM frequency to which a community radio broadcasting service will move, to allow a ABC service to convert to FM transmission.

Item 12 and Schedule 4

Item 12 inserts Schedule Six into the Perth LAP. Schedule Six is at Schedule 4 to the instrument, to plan the new community radio broadcasting service for the new Swan RA1 licence area.

Item 13

Item 13 amends Attachment 1.1 of the Perth LAP to omits the words ‘Licence Area ID – 538’ after the heading ‘Licence Area – PERTH RA1’.

Item 14

Item 14 amends Attachment 1.2 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to the actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 14 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. Item 14 inserts a special condition stating that the CMF (that is, the cymomotive force) must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth.

Item 15

Item 15 amends Attachment 1.3 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to the actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 15 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. Item 15 inserts a special condition stating that the CMF  must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth. Item 15 also inserts a note headed ‘Availability of TS4061001’after the special condition that states that TS4061001 (the technical specification number of the transmitter described in Attachment 1.3) will cease to be available for a national broadcasting service 8 weeks after the first day on which a national broadcasting service is transmitted by transmitter TS12001029 in accordance with the specifications set out in Attachment 1.8.

Item 16

Item 16 amends Attachment 1.4 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to the actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 16 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. Item 16 inserts a special condition stating that the CMF  must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth. Item 16 also inserts a note headed ‘Availability of TS4062001’after the special condition that states that TS4062001 (the technical specification number of the transmitter described in Attachment 1.4) will cease to be available for a national broadcasting service 8 weeks after the first day on which a national broadcasting service is transmitted by transmitter TS12001030 in accordance with the specifications set out in Attachment 1.8A.

Item 17

Item 17 amends Attachments 1.5, 1.6 and 1.7 of the Perth LAP, to vary the nominal location of the radiocommunications transmitters planned by the attachments and omits the Australian Map Grid references for those transmitters and substitutes them with co-ordinates using GDA94. The amendment to the nominal locations does not represent a change to the actual operating location of the radiocommunications transmitters but regularises the location that is currently being used for their operation. Item 17 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 17 also omits the maximum antenna height of ’97 m’ and substitutes a new maximum antenna height of ‘105 m’ for the radiocommunications transmitters planned by Attachments 1.5, 1.6 and 1.7.

Item 18 and Schedule 5

Item 18 inserts the Attachments 1.8, 1.8A and 1.8B into the Perth LAP after Attachment 1.7. Attachments 1.8, 1.8A and 1.8B are at Schedule 5 to the instrument. These attachments contain the technical specifications for the transmitters on which the ABC services will transmit on FM frequencies.    

Item 19

Item 19 amends Attachments 1.9, 1.10 and 1.17 of the Perth LAP, to vary the nominal location of the radiocommunications transmitters planned by the attachments and omits the Australian Map Grid references for those transmitters and substitutes them with co-ordinates using GDA94. The amendment to the nominal locations does not represent a change to the actual operating location of radiocommunications transmitters but regularises the location that is currently being used for their operation. Item 19 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. Item 19 inserts a special condition stating that the CMF  must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth.

Item 20

Item 20 amends Attachment 1.11 of the Perth LAP to omit the words ‘Doss Site High Road WANNEROO’ and substitutes ‘Phillips Group Site Cnr Amos and High Rds WANNEROO’ and makes subsequent changes to the description of the nominal co-ordinates using GDA94. This is to reflect a change in the nominal location for the radiocommunications transmitter planned by the attachment. Item 20 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 20 also omits the word ‘Horizontal’ and substitutes the word ‘Mixed’ to reflect a change in the polarisation of the radiocommunications transmitter planned by the attachment. Item 20 omits the table under the ‘Output Radiation Pattern’ in Attachment 1.11 and substitutes a new table to reflect the changed radiation pattern for the radiocommunications transmitter planned by the attachment.

Item 21

Item 21 amends Attachment 1.12 of the Perth LAP, to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to the actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 21 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’.

Item 22

Item 22 amends Attachments 1.13, 1.15 and 1.16 of the Perth LAP, to vary the nominal location of the radiocommunications transmitters planned by those attachments and omits the Australian Map Grid references for those transmitters and substitutes them with co-ordinates using GDA94. The amendment to the nominal locations does not represent a change to the actual operating location of the radiocommunications transmitters but regularises the location that is currently being used for their operation. Item 22 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’.

Item 23

Item 23 amends Attachment 1.14 of the Perth LAP, to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 23 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’.

Item 24

Item 24 amends Attachment 1.19 of the Perth LAP to omit the words ‘STW9 Mast Lawnbrook Road WALLISTON’ and substitutes ‘Tower TXA Bickley Site, Television Road, BICKLEY’ and makes subsequent changs to the description of the nominal co-ordinates using GDA94. This is to reflect a change in the nominal location for the radiocommunications transmitter planned by the attachment. Item 24 repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 24 also omits ‘90m’ and substitutes ‘116m’ to reflect the change in antenna height of the radiocommunications transmitter planned by the attachment. Item 24 omits the table under the ‘Output Radiation Pattern’ in Attachment 1.19 and substitutes a new table to reflect a changes radiation pattern for the radiocommunications transmitter planned by the attachment.

Item 25

Item 25 repeals Attachment 1.22 from the Perth LAP. The transmitter which was planned by Attachment 1.22 was no longer required, as the service is provided by the transmitter planned by Attachment 1.34.  

Item 26

Item 26 amends Attachment 1.24 of the Perth LAP to omit the words ‘ABW2 Television Road BICKLEY’ and substitutes ‘Tower TXA Bickley Site, Television Road, BICKLEY’ and makes subsequent changes to the description of the nominal co-ordinates using GDA94. This is to reflect a change in the nominal location for the radiocommunications transmitter planned by the attachment. Item 26 repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 26 also omits ‘90m’ and substitutes ‘116m’ to reflect the change in antenna height of the radiocommunications transmitter planned by the attachment. Item 26 omits the table under the ‘Output Radiation Pattern’ in Attachment 1.24 and substitutes a new table to reflect a changes radiation pattern for the radiocommunications transmitter planned by the attachment.

Item 27

Item 27 amends Attachments 1.25, 1.33 and 1.34 of the Perth LAP to omit the words ‘TVW7 Mast Television Road BICKLEY’ and substitute ‘Tower TXA Bickley Site, Television Road BICKLEY’ and makes subsequent changes to the description of the nominal co-ordinates using GDA94. This is to reflect a change in the nominal location for the radiocommunications transmitter planned by those attachments. Item 27 repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 27 omits the table under the ‘Output Radiation Pattern’ in Attachments 1.25, 1.33 and 1.34 and substitutes a new table in those attachments to reflect a changes radiation pattern for the radiocommunications transmitters planned by those attachments. After the ‘Output Radiation Pattern’ table, item 27 repeals the heading ‘Special Conditions:’ and the text following that heading in Attachments 1.25, 1.33 and1.34.

Item 28

Item 28 amends Attachment 1.26 of the Perth LAP to omit the words ‘Mills Road GOSNELLS’ and substitutes ‘Tower Broadcast Australia Site Television Road BICKLEY’ and makes subsequent changs to the description of the nominal co-ordinates using GDA94. This is to reflect a change in the nominal location for the radiocommunications transmitter planned by the attachment. Item 28 repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 28 also omits ‘15m’ and substitutes ‘120m’ to reflect the change in antenna height of the radiocommunications transmitter planned by the attachment. Item 28 omits the table under the ‘Output Radiation Pattern’ in Attachment 1.28 and substitutes a new table to reflect a changes radiation pattern for the radiocommunications transmitter planned by the attachment.

Item 29

Item 29 amends Attachment 1.27 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 29 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. After the ‘Output Radiation Pattern’ table, item 29 inserts a special condition stating that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth. Item 29 also omits the heading ‘Special Condition’ and substitutes the heading ‘Advisory Note’ under the ‘Output Radiation Pattern’ table.

Item 30

Item 30 amends Attachment 1.28 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 30 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’. After the ‘Output Radiation Pattern’ table, item 30 inserts a special condition stating that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of the azimuth. Item 30 also omits the heading ‘Special Condition’ and substitutes the heading ‘Advisory Note’ under the ‘Output Radiation Pattern’ table, and in the paragraph after the heading ‘Advisory Note’ inserts the word ‘area’ after the words ‘The coverage’.

Item 31

Item 31 amends Attachment 1.29 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 31 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 31 omits the description of the polarisation as ‘Vertical’ and substitutes the word ‘Mixed’ to reflect a change in the polarisation of the radiocommunications transmitter planned by the attachment. After the ‘Output Radiation Pattern’ table, item 31 inserts an advisory note and a limit on the availability of the technical specification. The advisory note describes the coverage radius of the transmission of the radiocommunications transmitter planned by the attachment including the specific measurements for that radius. The ‘Availability of TS10010301’ specifies that this technical specification will cease to be available 8 weeks from the first day that the transmitter specified in Attachment 1.29A begins transmitting.

Item 32 and Schedule 6

Item 32 inserts Attachment 1.29A into the Perth LAP. Attachment 1.29A is at Schedule 6 to the instrument. New Attachment 1.29A plans a transmitter on which the ‘Mac FM’ open narrowcasting service will continue to transmit on, once it no longer transmits in accordance with the specifications in Attachment 1.29.   

Item 33

Item 33 amends Attachment 1.30 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 33 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 33 omits the heading ‘Special Conditions’ and substitutes the heading ‘Advisory Note’ under the ‘Output Radiation Pattern’ table, and inserts a paragraph under this heading which describes the coverage radius of the transmission of the radiocommunications transmitter planned by the attachment including the specific measurements for that radius.  

Item 34

Item 34 amends Attachment 1.35 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 34 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. Item 34 omits the heading ‘Special Conditions’ and substitutes the heading ‘Advisory Note’ under the ‘Output Radiation Pattern’ table, and inserts a paragraph under this heading which describes the coverage radius of the transmission of the radiocommunications transmitter planned by the attachment including the specific measurements for that radius. 

Item 35

Item 35 amends Attachment 2.1 of the Perth LAP to repeal the words ‘Licence Area ID – 791’ under the heading ‘Licence Area – ARMADALE RA1’.

Item 36

Item 36 amends Attachment 2.2 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 36 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. 

Item 37

Item 37 amends Attachment.3.1 of the Perth LAP to repeal the words ‘Licence Area ID – 420’ under the heading ‘Licence Area – FREMANTLE RA1’

Item 38

Item 38 amends Attachments 3.2 and 3.4 of the Perth LAP to vary the nominal location of the radiocommunications transmitters planned by the attachments and omits the Australian Map Grid references for those transmitters and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitters but regularises the location that is currently being used for their operation. Item 38 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. 

Item 39

Item 39 amends Attachment.4.1 of the Perth LAP to repeal the words ‘Licence Area ID – 790’ under the heading ‘Licence Area – KALAMUNDA RA1’

Item 40

Item 40 amends Attachment 4.2 of the Perth LAP to vary the nominal location of the radiocommunications transmitter planned by the attachment. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 40 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. After the ‘Output Radiation Pattern’ table, item 40 inserts a paragraph headed ‘Availability of TS10010199’ that specifies that the technical specification will cease to be available 8 weeks from the first day that the transmitter specified in Attachment 4.3 begins transmitting.

Item 41 and Schedule 7

Item 41 inserts Attachment 4.3 into the Perth LAP. Attachment 4.3 is at Schedule 7 to the instrument. New Attachment 4.3 plans a transmitter on which the 6KCR community broadcasting service will continue to transmit its service on, once it no longer transmits in accordance with the specifications in Attachment 4.2.    

Item 42

Item 42 amends Attachment 5.1 of the Perth LAP to repeal the words ‘Licence Area ID- 1270’ under the heading ‘Licence Area – WANNEROO RA1’.

Item 43

Item 43 amends Attachment 5.2 of the Perth Lap to vary the nominal location of the radiocommunications transmitter planned by the attachment and omits the Australian Map Grid references for that transmitter and substitutes them with co-ordinates using GDA94. The amendment to the nominal location does not represent a change to actual operating location of the radiocommunications transmitter but regularises the location that is currently being used for its operation. Item 43 also repeals a reference to the 2017 Guidelines and inserts a colon after the words ‘Frequency Band & Mode’, ‘Polarisation’ and ‘Maximum antenna height’. 

Item 44 and Schedule 8

Item 44 inserts Attachments 6.1 and 6.2 into the Perth LAP. Attachments 6.1 and 6.2 are at Schedule 8 to this instrument. New Attachment 6.1 describes the new Swan RA1 licence area, and new Attachment 6.2 plans a transmitter for the new community radio broadcasting service to serve this licence area.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.