GURL

Information on the operation of broadcasting stations under the low-power FM broadcasting (LPFM) general user radio licence (GURL)

These guidance notes have been written to assist users in understanding the terms and conditions of the LPFM GURL, however they are not intended to replace or add to the requirements of the GURL.

1. Application of “25 km” Rule

Clause 3(1) “From 1 October 2003, within a 25km radius of any broadcast transmitter there must be no more than one low power FM transmitter broadcasting substantially the same programme (including simulcast or re-transmission) as that broadcast transmitter. Broadcast transmitter means a low power FM transmitter, or any broadcast transmitter licensed pursuant to sections 48 or 116 of the Radiocommunications Act 1989.”

1. A broadcast transmitter licensed under section 48 refers to a spectrum licence for a frequency that is within a frequency band that is subject to a management right. A transmitter licensed under section 116 refers to a radio licence for a frequency that is within a frequency band that is not subject to a management right.
2. Without limiting the provision, the 25km rule applies as follows:
   • within 25km of any low power FM transmitter, there may be no more than one other low power FM transmitter; and
   • within 25km of a spectrum/radio licence transmitter, there may be no more than one low power FM transmitter;

broadcasting substantially the same programme.

2. Application of “Substantially the Same Programme” Rule

Clause 3(1) “…substantially the same programme (including simulcast or re-transmission)…”

This clause uses the term “substantially the same programme” to allow the clause to apply sensibly to a variety of situations. For example:

1. if the same source material is used for a fairly short periods, or two stations of the same genre have partially over-lapping play-lists, this is unlikely to amount to being “substantially the same programme”.
2. broadcasters are unlikely to circumvent the requirement, for example, by randomising a play list from separate locations. In borderline cases what amounts to ‘substantial’ will be a matter of common sense judgement.

3. Application of the “Notification” Rule

Clause 3(2) “Low Power FM transmitter operators, at least once every three hours, must broadcast the contact details of the person responsible for the transmissions.”
This requirement could be met by a spoken announcement of the name by which the station is identified, or the name of the person responsible for the establishment and operation of the transmitter, where that name is the subject of a current telephone directory listing.
If there is no telephone directory listing, the requirement could be met by including one of the following in the announcement:

• a business telephone number
• a business address
• a residential telephone number
• a residential address
• a valid e-mail address
• a postal address

4. Frequency Coordination

Frequency use is on a shared basis and the Ministry does not accept liability under any circumstances for any loss or damage of any kind occasioned by the unavailability of frequencies, or interference to reception. Nevertheless, the Ministry recognises that coordination between users can minimise the risk of interference between services.
The Ministry therefore encourages the establishment of user groups or associations to coordinate installations for the equitable utilisation by all users of the available frequencies.
A user group,  The Society of Low Power FM Broadcasters Incorporated, operates in Auckland. The Society may be contacted at P O Box 34595, Birkenhead, Auckland 1330 or through their  website.
A discussion group devoted to low power broadcasting in New Zealand is available (open access, membership required to post) as is a directory of LPFM broadcasters (details are provided on a voluntary basis).

5. Application of “External controls” restriction Schedule (7)

“External controls for the adjustment of the transmitter power are not permitted”. This restriction covers any component intended for adjustment of the transmitter power which can be accessed from outside the case, whether manually or by application of a tool such as a screwdriver. It is required that removal of the case or protective cover of the transmitter is necessary to enable power adjustment.
The Ministry is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing shall not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over availability of the linked pages.