Proposal to remake apparatus and broadcasting licence condition determinations

Radiocommunications

We received 4 submissions to the consultation. We also received an email from another stakeholder endorsing a submission. You can access the submissions and endorsement below. 

After considering the submissions, we made the: 

• Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025 (Transmitter LCD 2025)
• Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2025 (Broadcasting LCD 2025). 

The Transmitter LCD 2025 replaces the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015. 

The Broadcasting LCD 2025 replaces both the Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2015 and Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015.

As a result of the submissions, we made minor changes to the proposed draft Broadcasting LCD 2025. This included:

• removing provisions that were duplicated or overlapped with those in the Broadcast Services (Technical Planning) Guidelines 2017 
• other minor changes.

We made no changes to the proposed draft Transmitter LCD 2025. 

We have also made the Radiocommunications (Exemption – Corrective Services NSW) Amendment Determination 2025 (No. 1). This makes consequential changes to the Radiocommunications (Exemption – Corrective Services NSW) Determination 2021.

We thank those involved in the consultation process.

The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (Apparatus LCD) and Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015 (Broadcasting LCD) are due to sunset on 1 April 2025 and 1 October 2025 respectively.

The Apparatus LCD has rules for licensees about electromagnetic energy (EME) radiation or emission. EME must not exceed certain levels for public exposure. We propose the remade instrument be called the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.

The Broadcasting LCD sets out conditions on licensees of certain broadcasting stations, including national broadcasting and narrowcasting services. 

We believe that the 2 instruments are necessary. We propose they be remade with minor changes.

We also propose to repeal the Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2015. We want to incorporate its rules into the remade Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2025.