Broadcasting Licences in Australia: an Overview

1. Broadcasting Licences in Australia: an Overview Jason Ives Licensing Officer Community Allocations and Renewals ACMA International Training Program 6 September 2006 Canberra

2. Introduction • The regulatory structure of broadcast licensing in Australia • Broadcast licensing categories • Regulation of broadcasting licences • Questions

3. Broadcast Licensing: Regulatory Structure • “Apparatus” licences are often required to transmit signals on the radiofrequency spectrum. • Parts of the spectrum, designated as being within the “Broadcasting Services Band”, require an additional “broadcasting” licence. • Broadcasting licences are allocated under the Broadcasting Services Act 1992. • Broadcasting licences authorise the operation of broadcasting services and specify conditions under which that service can operate – eg, the type of content to be broadcast on a service.

4. Categories of broadcasting licences • Under the Broadcasting Services Act, broadcasting services are divided into different categories of licence, including: • National broadcasting services (eg the ABC, SBS); • Commercial broadcasting services (eg Channel 9, 2GB); • Community broadcasting services (eg 2XX Canberra); • Subscription services (eg satellite or cable TV); and • Narrowcasting services. • Note: these categories are technology neutral.

5. Categories of broadcasting licences National broadcasting services • Government-owned services (ABC, SBS) • Established to fulfill particular cultural functions. ABC:“to provide within Australia innovative and comprehensive broadcasting services of a high standard as part of the Australian broadcasting system consisting of national, commercial and public sectors” • ABC Charter SBS: “to provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians and, in doing so, reflect Australia's multicultural society.” • SBS Charter

6. Categories of broadcasting licences Commercial broadcasting services • Services which: • Are for-profit (ie “commercial”); • Usually funded through advertising revenue; • Provide programs of general appeal; • Free to air; • Can be sold for a profit; and • Usually allocated via a price-based auction. • 52 commercial TV licences • 274 commercial radio licences.

7. Categories of broadcasting licences Commercial broadcasting services • Price paid for commercial radio licences:

8. Categories of broadcasting licences Community broadcasting services • Services which are: • Provided for community purposes; • Not for profit; • Free to air; and • Allocated via a merit-based selection process. • Community licences can be allocated for the “general” community, or for specific interests (ie Muslim, youth). • 84 community TV licences • 361 community radio licences

9. Distribution of Community Radio Licences– August 2005

10. Categories of broadcasting licences Community broadcasting services • Merit-based allocation process. ACMA must have regard to: • the extent to which the proposed service would meet the existing and perceived future needs of the community within the licence area of the proposed licence; • the nature and diversity of the interests of that community; • the nature and diversity of other broadcasting services (including national broadcasting services) available within that licence area; • the capacity of the applicant to provide the proposed service; • the undesirability of one person being in a position to exercise control of more than one community broadcasting licence that is a broadcasting services bands licence in the same licence area; and • the undesirability of the Commonwealth, a State or a Territory or a political party being in a position to exercise control of a community broadcasting licence.

11. Categories of broadcasting licences Subscription broadcasting services • Services which: • Provide programs for the general public; and • Are made available to the general public on payment of asubscription fee. • Subscription services can be provided using any delivery system, (eg satellite, cable, MDS or other means). • Subscription services are allocated on the basis of one service per licence, upon the payment of an administration fee. • In practice, ACMA only issues subscription broadcasting licences for television services.

12. Categories of broadcasting licences Narrowcasting services • Services whose reception is limited: • By being targeted to special interest groups (eg Italian speakers; country music lovers); • By being intended only for limited locations (eg sporting arenas); • By being provided during a limited period, or for a special event; or • Because they provide programs of a limited appeal; • May either be available free to air (“open”), or by subscription. • Are available on a “class” basis, rather than individually.Usually a radio service.

13. Regulating broadcasting licences • Broadcast licences are regulated under the Broadcasting Services Act 1992. • Licensees required to abide by: • Statutory licence conditions under the Act; • Industry Codes of Practice; • Other regulatory mechanisms (eg Community Licence renewals) • National broadcasting services are regulated under separate Acts, eg: • Australian Broadcasting Corporation Act 1983 (ABC); • Special Broadcasting Service Act 1991 (SBS).

14. Licence conditions • Statutory licence conditions vary between licence categories to reflect the different aims of type. • There are also some common licence conditions. For example: • Prohibition on tobacco advertising; • Prohibition on the broadcast of X-rated (adult) material, or unmodified R-rated material; • Prohibition of the use of the service to commit an offense; and • Restrictions on the broadcast of political matter.

15. Broadcasting Codes of Practice • Developed by peak industry bodies to reflect needs and concern of each category of service. Eg: • Commercial Radio and TV; • Community Radio and TV; etc • Approved by ACMA. • Updated every four years. • Self regulated, but ultimately enforceable by ACMA.

16. Conclusion • Broadcasting licences apply in addition to apparatus licences to broadcasting services. • The Broadcasting Services Act 1992 specifies several categories of broadcasting service. • Each category is intended to serve a different purpose, and is subject to a slightly different regulatory regime. • Broadcasting Licences are regulated through a combination of licence conditions and Codes of Practice.