Australian Broadcasting Authority Annual Report 2004–05 Annual Report 2004–05 © Commonwealth of Australia 2005 1SSN 1320–2863 For inquiries about this report, contact: Manager, Communications / Media Australian Communications and Media Authority at the address below For inquires about freedom of information, contact FOI Coordinator Australian Communications and Media Authority Level 15, 201 Sussex St Sydney NSW Postal address PO Box Q500 Queen Victoria Building NSW 1230 Tel: 02 9334 7700 Fax: 02 9334 7799 Email: [email protected] Web: www.acma.gov.au Printed in Australia by ... ii Letter of transmittal iii Annual Report 2004–05 iv Contents THE YEAR IN REVIEW vii 1 THE AUSTRALIAN BROADCASTING AUTHORITY 1 PLANNED AND LICENSED ELECTRONIC MEDIA 2LICENCE AREA PLANNING AND ALLOCATION 9 Licence area plans and variations 10 Licence allocations 16 Interference 21 Advice to the Minister and the Department 22 3DIGITAL BROADCASTING 23 Digital television planning 24 Datacasting licences 25 Consultation 26 4 OTHER BROADCASTING SERVICES 29 Subscription television broadcasting licences 29 Non-BSB commercial broadcasting licences 29 31 MANAGED PERFORMANCE AND REVIEW OF ELECTRONIC MEDIA 31 5 CO-REGULATORY FRAMEWORK PROVIDING COMMUNITY SAFEGUARDS 33 Codes of practice 33 Standards 35 Privacy guidelines 36 Licence conditions imposed on community television licences 37 Community awareness 37 C and P programs classifi ed 39 Categories of broadcasting services 40 6 COMPLIANCE WITH REGULATIONS 41 Investigations 41 Liaison 48 Compliance monitoring 49 Licensee audits 55 7 POLICY ADVICE 57 Subscription television drama expenditure rules 57 Enforcement powers under the Broadcasting Services Act 57 Report on AM radio issues 58 Community radio industry data collection 58 Review of mobile content regulation 58 8 CURRENT AND EMERGING ISSUES 61 Financial data 61 Contemporary research, investigations for policy development 62 International relationships with regulatory bodies and other organisations 64 v Annual Report 2004–05 9 INTERNAL RESOURCES 67 Creation of ACMA 67 A strategic skilled workplace 67 Effi cient business processes 70 Expert legal services 71 Information management and technology 71 External orientation 73 APPENDIXES 75 1 Freedom of information 77 2 Legislation and litigation summary 85 3 Planning for licences and licence allocations 87 4 P & C programs, C consultants 110 5 Investigations into potential breaches by licensees 2004–05 114 6 Staffi ng 155 7 External liaison 157 8 Publications released in 2004–05 159 9 Service charter 163 10 Disability strategy 168 11 Financial statements 170 vi The year in review The Australian Communications and The commercial radio licence, to provide Media Authority a service in Melbourne, was allocated to a company associated with DMG Radio Australia, The merger of the Australian Broadcasting after it bid $52 million at an auction in August Authority with the Australian Communications 2004. The allocation brought to a close the Authority to form the Australian process of planning and auctioning commercial Communications and Media, which occurred on radio licences that saw thirty-three new services 1 July 2005, was a major focus during the year. introduced in the period 1996–2004. The The establishment of ACMA will enable a planning and allocation process for commercial coordinated regulatory response to converging radio raised a total of $654.65 million for the technologies and services in areas as diverse as Commonwealth. spectrum management and content regulation. The ABA allocated twenty community radio The hard work by members and staff of both licences to serve the following regional organisations during the year ensured a smooth communities: Braidwood, Coonabarabran, transition into the new agency for staff of both Coonamble, Dunedoo, Eden, Gilgandra, former agencies. Gosford, Lismore, Lithgow, Murwillumbah and Tumut, New South Wales; Latrobe Valley, Mt New radio services Beauty and Swan Hill, Victoria; Charleville and Yarraman, Queensland; Coober Pedy and Roxby The ABA allocated licences for one new Downs, South Australia; George Town, Tasmania commercial radio service, twenty community and the Cocos Islands, Western Australia. radio services and thirty-eight open narrowcasting radio services in 2004–05. Digital radio In March 2005 the ABA decided to continue making spectrum available for the current digital radio trials in Sydney and Melbourne for up to twelve months. The Sydney and Melbourne trials of the Eureka 147 digital radio system are being conducted by Commercial Radio Australia and Broadcast Australia respectively and both make use of VHF Band III spectrum administered by the ABA. The use of channel had been scheduled to expire in May 2005. Community TV Kingsley Hall (centre) of Daily Mail (UK Radio 3) Pty Ltd In its fi nal year, the ABA allocated community responds to the media after successfully bidding for the Melbourne commercial radio licence in August 2004. television licences to serve Brisbane and vii Annual Report 2004–05 Melbourne. The ABA looks forward to an Documentary guidelines expansion of local programs for the two In December 2004, the ABA released guidelines communities with both successful applicants on how it would interpret ‘documentary’ for the making a strong commitment to the provision of purposes of the Australian Content Standard. local programming. The standard applies to commercial television Trials of community television services broadcasters, and requires, amongst other things, continued in Adelaide and Lismore, while as that broadcasters show at least twenty hours of a result of interest expressed by a local group, documentary programming per year. a channel was made available for a 12-month community television trial in Mt Gambier, South Changes in program formats for factual Australia. programming have made it increasingly diffi cult to determine what a documentary is. The ABA acknowledges that television formats will Net Detectives continue to change and evolve, but hopes the Originally developed by the United Kingdom- guidelines will provide greater certainty for based internet safety body Childnet International producers and broadcasters in this area. in partnership with a number of other community The Australian Content Standard defi nes bodies, Net Detectives uses the internet itself to documentary as ‘a program that is a creative teach young people key internet safety messages treatment of actuality other than a news, current —especially those related to use of internet chat affairs, sports coverage, magazine, infotainment rooms. The ABA, by agreement with Childnet, or light entertainment program’. has adapted the activity for use in Australian The guidelines elaborate on this defi nition. schools, as part of its program of activities to They look at what might constitute a ‘creative educate the community about internet safety. treatment’, and consider various programming Two successful Net Detectives events were held types against the creative treatment test. They during the year, one in South Australia and the also seek to defi ne characteristics for program other in Queensland. The Queensland Police types excluded from the defi nition. partnered with the ABA in the Queensland The call for guidelines came out of a major exercise, which involved around one hundred review of the Australian Content Standard and fi fty students from four schools. The South in 2001. This review concluded that, while Australian exercise involved around a hundred the defi nition of documentary was broadly and thirty students from six schools. appropriate, guidance was needed as to the types of programming that would meet the defi nition. Farewell to the ABA The introduction of the Broadcasting Services Act 1992 and the formation of the ABA in October 1992 signalled the beginning of a quiet revolution in Australian broadcasting. The new Act was designed to allow the industry to respond to both the market place and the opportunities created by technological change. It was to provide a coherent regulatory framework that would accommodate future developments while recognising that broadcasting is integral to Australian identity and cultural diversity. The Act created major challenges for the new The Hon. Judy Spence, Queensland Minister for Police and regulator: planning the broadcasting services Corrective Services, after introducing the Net Detectives activity at Sunnybank Hills State School on 7 April 2005. bands; guiding to fruition some of the new ideas for the spectrum; new categories of service such viii as narrowcasting, subscription, datacasting and international; and allowing temporary use of spectrum. The Act provided the framework to consider services that added diversity and to tap markets that traditional wide-coverage services had not been able to serve. In 1992, the scope of the task of planning the broadcasting spectrum was underestimated and as its enormity became apparent, the ABA rose to the challenge. As the planning for analog services was reaching its conclusion, a further spectrum challenge emerged, planning for digital television. With a minimum of disruption, the ABA successfully planned a national digital television rollout whose channels sit comfortably alongside the existing channels for analog services. The result is that Australian audiences now have available to them a range of broadcasting services that could barely have been dreamt of in 1992. The ABA was also to have a role in encouraging an industry to be effi cient and responsive to audiences within