AUSTRALIAN BROADCASTING TRIBUNAL Annual - Report 1988-89 JB ... AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1988-89 Australian Broadcasting Tribunal Sydney 1989 © Commonwealth of Australia 1989 ISSN 0728-8883 Design by Immaculate Conceptions Desktop Publishing, North Sydney, NSW. Printed in Australia by Canberra Publishing & Printing Co., Fyshwick, A.C.T. CONTENTS 1. Membership of the Australian Broadcasting Tribunal 1 2. The Year in Review 5 3. Powers and Functions of the Tribunal 13 4. Licensing 17 - Bond Inquiry 19 - Bond Inquiry - Chronology 22 - Commercial Radio Licence Grants 26 - Supplementary Radio Grants 30 - Joined Supplementary/Independent Grants 31 - Public Radio Grants 34 - Remote Licences 38 - Number and Type of Licences on Issue 39 - Converted Licences 40 - Consolidation of Licences 40 - Retransmission Permits 41 - Number of Licensing Inquiries 42 - Allocation of Call Signs 42 - Changes to the Memoranda of Licensees 44 - Permits for Test Transmissions 44 5. Ownership and Control 45 - Legislative Changes 47 - Applications Received 49 - Most Significant Inquiries 49 - Uncompleted Inquiries 59 - Licence Transfers 64 - Operation of Station by Other than Licensee 66 - Registered Lender Inquiries 67 6. Program and Advertising Standards 69 - Program and Advertising Standards 71 - Australian Content 72 - Compliance with Children's Standards 76 - Comments and Complaints 77 - Broadcasting of Political Matter 79 - Religious Programs 79 - Programs Research 80 - Compliance and Information Branch 81 7. Programs - Public Inquiries 83 - Public Inquiries 85 - Major Program Standards Inquiries 86 lll 7. Programs (cont.) - Other Program Standards Inquiries 91 - Children's and Preschool Children's Television Programs 102 8. Economics and Finance 105 - Financial Databases 107 - Financial Analyses 108 - Stations, Markets and Operations Databases 108 - Fees For Licences for Commercial Radio & Television Stations 109 - Financial Results o.f Commercial Television and, Commercial and Public Radio Station 111 9. Legislation. 117 - Ownership and Control 119 - Programs 120 - Inquiries 121 - Assessment of Licence Fees 121 - Amendments to the Act 121 - Proposed Legislative Amendments 122 - Major Deficiencies 124 10. Review of Tribunal Decisions 125 - Judgements Delivered 127 - Litigation On Hand 138 - Other Litigation 140 11. Public Information 143 - Publications 145 - Library 145 - State offices 146 - Freedom of Information 148 12. Organisation and Staff of the Tribunal 151 - Changes in Membership and Senior Staff 153 - Management Improvement 154 - Public Interest and Private Interest Guidelines 154 - Financial Management 155 - Internal Audit 155 - Equal Employment Opportunity 155 - Industrial Democracy 156 - Office Structures Implementation 156 - Occupational Health and Safety 156 - Information Systems 156 - Financial Statement 158 iv APPENDICES A. Addresses by Tribunal Members 161 B. Meetings of the Tribunal 164 c. Public Inquiry Reports Published 166 D. News Releases Issued 171 E. Australian Content of Television Programs 176 F. Summary of Complaints. 178 G. Report to the Tribunal by the Children's Program Committee Report. 180 H. Programs classified 'C' or 'C Australian Drama' 181 I. Licence Conversions 183 J. Licence Grants and Renewal Reports Published 187 K. Share Transaction Decisions 189 L. Categories of Television Programs Broadcast 193 M. Remote Commercial Television Services 195 N Freedom Of Information Section 8 Statement 198 0. Financial Statement. 218 v CHAPTER 1 MEMBERSHIP OF THE AUSTRALIAN BROADCASTING TRIBUNAL 1 2 Deirdre O'Connor B.A., Dip. Ed., LLB. (Hons.) (Chairman) Appointed from 24 March 1986 for a five year period, Ms O'Connor was formerly a lecturer in law at the University of NSW and Macquarie University; Australian Government Representative at the UNESCO Conference on Teaching of Human Rights in Vienna (1978); Commissioner of the NSW Law Reform Commission; and barrister at the NSW Bar. Peter Westerway B.Ec. (Hons.) (Vice-Chairman) Appointed from 4 October 1988 for a five year period, Mr Westerway was formerly First Assistant Secretary, Communications Technology Division, Department of Transport and Communications. He has also held the First Assistant Secretary position with various Divisions of the Department of Communications and the Department of Post and Telecommunications. In addition, he has been a Commissioner with the Industries Assistance Commission, Managing Director of 2HD Newcastle and Director of Public Affairs, ATN Sydney. Julie James Bailey B.Sc. (Econ.) (Hons.) Initially appointed from 31 January 1984 for a period of five years, Ms James Bailey's term was extended by six months to 31 July 1989. She was formerly Head of Research at the Australian Film , Television and Radio School. She has been a writer and producer for television with experience in the UK and USA. Victoria Rubensohn M.A., LLB. Appointed from 5 October 1987 for a period of five years. Ms Rubensohn is a barrister and graduate in politics and law. She has worked in ABC radio and television current affairs and was a writer and producer of television current affairs in the USA. She was for­ merly Executive Director of the Austral ian Record Industry Association and General Manager of the Phonographic Performance Company of Australia. 3 Kim Wilson LLB. Appointed from 1 December 1987 for a period of five years. Mr Wilson previously practised as a lawyer in NSW and in Papua New Guinea; he was legal adviser to Lhe leader of Lhe Northern Territory Opposition; senior private secretary to the Hon. Clyde Holding and recently a judge of the Supreme Court and National Court of Papua New Guinea. Bruce Allen M.J. Appointed from 21 April 1988 for a period of five years. Mr Allen was formerly a television producer with the ABC, the BBC and more recently with the Canadian Broadcasting Corporation. He has been a policy and program analyst and a consultant to the public and pri­ vate sectors, including Lhe Canadian Department of Communications in Ottawa. He has been a course director at the Australian Film, Television and Radio School and has taught the theory and practice of television production at Macquarie University and lectured in com­ munications at Ottawa University. Suzanne Brooks B.Ec. Appointed from 1 August 1988 for a period of 5 years, Ms Brooks was formerly Head of the Office of Status of Women, Prime Minister's Department. She was previously Financial Advisor to the Treasurer in the Victorian Government and Money Market Manager with Lhe State Bank of Victoria. Michael Ramsden Appointed from 26 September 1988 until 28 April 1992, Mr Ramsden was formerly Executive Vice-President for News at the Nine Network. He was manager of TCN 9 Sydney (1976-80); founding chairman and chief executive of Channel Nine (Australia) Inc. in Los Angeles, U.S., responsible for first commercial TV trans-Pacific satel­ lite service; Television and Media Director for Bicentennial Events, NSW Premier's Department, 1988; and Network TEN Director of Broadcast Practices and Standards. 4 CHAPTER2 THE YEAR IN REVIEW 5 6 The Australian Broadcasting Tribunal operates in a radically changing environment. Convergence The convergence of telecommunications technology is having a sig­ nificant impact on broadcasting. This impact is increasing the pressures on already outmoded legislation. There are presently nine separate pieces of legislation which impact on the broadcasting and telecommunications area. The capacity of multiple delivery systems like fibre optic cable or satellite to carry voice, data, television pictures and other information in digital form renders this complex legislative situation increasingly anomalous. The Tribunal noted this problem in its Annual Report for both 1985- 86 (p. xiv) and 1986-87 (p. xvi). At present it is possible for a company, or a group of companies, to hold licences for both television broadcasting, under the Broadcasting Act, and Video and Audio Entertainment and Information Services (VAEIS), under the Radiocommunications Act. Under the Broadcasting Act, licensees are subject to regulation of various kinds, including Tribunal program standards. In return for valuable broadcasting licences, licensees accept the obligations of regulation. Licensees under the Radiocommunications Act deliver, in some cases, a service identical in form. Although such licensees must have regard to Tribunal standards, they are not required to accept the regulatory obligations of licensees who broadcast. The possibility of domestic Pay 1V and public access TV, whether delivered by radiated signals, cable or satellite, presenls another chal­ lenge to legislation designed to address yesterday's problems rather than future developments. The need for integrated, flexible and inter­ nally consistent legislation has never been greater. Aggregation The Tribunal is now involved in the implementation of the Government's policy of equalisation of regional television markets by 7 aggregation. As a result of the policy, regional licensees are affiliating with one of the three metropolitan networks. The Broadcasting Act does not make provision for networks or for the possible consequences of networking of programs. The effect of aggregation on localism and what constitutes an adequate and com­ prehensive service is of concern to the Tribunal, since the amount of local programming on regional services, which the policy aimed to encourage, appears to be under considerable commercial pressure. Networks Under the current legislation, the Tribunal will increasingly be