Annual report report Annual Canberra Melbourne Sydney Purple Building Level 44 Level 5 Benjamin Offices Melbourne Central Tower The Bay Centre Annual report Chan Street 360 Elizabeth Street 65 Pirrama Road Belconnen ACT Melbourne VIC Pyrmont NSW 2010–11 PO Box 78 PO Box 13112 PO Box Q500 Belconnen ACT 2616 Law Courts Queen Victoria Building Melbourne VIC 8010 NSW 1230 T +61 2 6219 5555 F +61 2 6219 5353 T +61 3 9963 6800 T +61 2 9334 7700 F +61 3 9963 6899 1800 226 667 F +61 2 9334 7799 2010 – 11 acma.gov.au engage.acma.gov.au communicating | facilitating | regulating Annual report 2010–11 This report is available on the ACMA website at www.acma.gov.au/annualreport. Requests and enquiries concerning reproduction and rights, and any enquiries arising from the contents of the report, should be addressed to: Manager, Editorial Services Australian Communications and Media Authority PO Box 13112 Law Courts Melbourne Vic 8010 T (03) 9963 6800 F (03) 9963 6899 E [email protected] © Commonwealth of Australia 2011 ISSN 1834-1519 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Published by the Australian Communications and Media Authority. Contents 10 Chairman’s foreword 16 Highlights 17 Public inquiry into telecommunications customer care 18 Spectrum planning 18 Digital television 19 Digital dividend 20 Codes of practice 21 Online content complaints 21 Do Not Call Register 22 Anti-spam activity 22 Cybersafety 22 Communications and engagement 22 Research and reporting 23 International activities 23 Conferences and events 24 Chapter 1: About the ACMA 25 Functions and responsibilities 26 Structure 26 The Authority 29 Corporate structure 31 Revenue collection 31 Governance 32 Strategic and business planning 32 Strategic planning 33 Business planning 34 Chapter 2: Regulatory environment 36 Regulatory functions 36 The ACMA’s responses to convergence and regulatory pressures 36 Ownership and control 36 Register of Controlled Media Groups 37 Interactive media control database 37 Compliance with ownership and control provisions 39 Local content 40 Broadcasting Financial Results ACMA Annual report 2010–11 | 5 41 Digital broadcasting 41 Digital television 44 Digital radio 44 Spectrum planning 45 Allocation of 700 MHz and 2.5 GHz bands 46 Radiocommunications 46 Stakeholder engagement 47 International activities 48 Expiring spectrum licences 49 Case study: Review of the 900 MHz band—exploring new opportunities 51 400 MHz band implementation 51 Mobile broadband project 52 Implementation of 2.5 GHz arrangements 52 Review of the mobile phone jammer prohibition 53 Space regulation 54 Radiocommunications research and analysis 55 Allocation and licensing 55 Market-based resource management 55 Opportunity-cost pricing for administratively allocated spectrum 56 Radiocommunications licensing 58 Spectrum licensing 59 Class licensing 62 Broadcasting licence area plans and variations 64 Digital channel plans and variations 64 Broadcasting licensing 68 Telecommunications licensing 68 Telecommunications numbering 68 Numbering Plan administration 68 Numbering Advisory Committee 68 Number allocations register 69 Numbering transactions 70 Portability 70 Pre-selection 71 Geographic numbering amendments 71 Directory assistance service 72 Case study: The numbering work program—regulating in a converged communications environment 74 Revenue and fees 75 USO funding and subsidies 75 Annual carrier licence charges 75 Do Not Call Register access fees and cost recovery 76 Numbering charges 77 Number auctions 77 Apparatus licence taxes 77 Spectrum licence tax 78 Broadcasting licence fees and datacasting charge 79 Technical regulation 79 Regulatory arrangements—technical standards and labelling notices 80 Telecommunications standards 81 Radiocommunications standards 81 Electromagnetic compatibility standards 82 Digital television standards and codes 82 Electromagnetic energy standards 83 Prohibited customer equipment—mobile phone boosters 83 Cabling regulation 84 Certification bodies 6 | Contents 84 Telecommunications infrastructure regulation 85 Submarine cable protection 86 Compliance investigations 87 Radiocommunications compliance 88 Radiocommunications interference management 91 Telecommunications compliance 97 Telemarketing and fax marketing 103 Anti-spam 106 Broadcasting complaints and investigations 112 Online content complaints 114 Interactive gambling 115 Case study: Cooperation between the ACMA and INHOPE to remove online child abuse material 116 National interest issues 116 Law enforcement liaison 116 Identity-checking requirements for prepaid mobile phone services 116 Disclosure of customer information to law enforcement and national security agencies 116 Disclosure of Integrated Public Number Database (IPND) data for telephone-based emergency warning systems 116 Industry code—Handling of Life Threatening and Unwelcome Communications 117 Emergency call service 119 Integrated Public Number Database 119 e-Security 120 International matters 121 Hosting delegations from overseas stakeholders 121 INHOPE 122 Chapter 3: Content regulation and consumer information 124 The ACMA’s regulatory role 124 Content regulation 124 Australian content in advertising 125 Australian music code 125 Children’s television 126 Declaration of primary services 128 High definition broadcasting 128 Local content on regional television 128 Subscription television drama expenditure 129 Anti-siphoning provisions 129 Review of commercial radio standards 130 Internet industry codes 130 Telecommunications industry codes 130 Broadcasting industry codes and guidelines 131 Quality of captioning 131 Consumer safeguards 131 Reconnecting the Customer public inquiry 133 Implementation of consumer safeguard reforms 133 Telecommunications Industry Ombudsman (TIO) 134 Universal service obligation (USO) 134 Payphone performance 134 Customer Service Guarantee 135 Network Reliability Framework 136 Priority assistance 136 Local presence plan 136 National Relay Service 138 Consumer Consultative Forum (CCF) ACMA Annual report 2010–11 | 7 138 Do Not Call Register 139 Extended zones agreement 139 Mobile phone coverage 139 Protection of consumer information 140 Community awareness 140 Cybersafety—the Cybersmart program 144 Telecommunications awareness 145 Research and reporting 145 Consumer and audience research 146 Transition to digital television 147 Research into online safety 147 Broadcasting and media privacy 148 Economic analysis and regulatory reviews 148 Digital media literacy 148 Market trends and service developments 149 Technology and technical developments 149 Ministerial reports 149 Comparative international research 150 Case study: Communications report 2009–10—transforming statutory reporting 152 Chapter 4: Managing and developing our resources 153 Our people 153 Performance payments 154 Workplace Diversity Program 154 Changes to disability reporting in annual reports 155 Ethical standards 155 Health and safety 156 Consultation and workplace relations 156 People and capability development 157 Case study: Strategic workforce planning 158 Performance management 158 Creating Knowledge program 158 ACMA transformation program 159 Client Service Charter 159 Information management 159 Transformation agenda 160 Technology platform 161 Information management 161 Corporate governance 161 Audit 161 Risk management 161 Security 162 Communications and engagement 162 Financial management 163 Procurement and contract management 163 Grant programs 163 Asset management 163 Property management 163 Ecologically sustainable development and environmental performance 8 | Contents 164 Appendixes 165 Appendix 1: ACMA offices 166 Appendix 2: ACMA committees, memberships and attendance at meetings 170 Appendix 3: Staffing information 177 Appendix 4: Licensing and licence allocations 193 Appendix 5: Programs and content 195 Appendix 6: Broadcasting investigations outcomes 2010–11 214 Appendix 7: Freedom of information 216 Appendix 8: Legislation 218 Appendix 9: Notifications, directions and instruments 219 Appendix 10: Disclosures of information 220 Appendix 11: Judicial and administrative decisions 2010–11 221 Appendix 12: Consultancies, advertising expenditure and competitive tendering 223 Appendix 13: Outcome table 2010–11 224 Appendix 14: Agency resource statement 2010–11 226 Appendix 15: Performance against PBS KPIs and deliverables 2010–11 228 Appendix 16: Regulatory impact analysis compliance report 229 Appendix 17: Compliance index 232 Appendix 18: Financial statements 300 Glossary 305 Index ACMA Annual report 2010–11 | 9 Chairman’s foreword In a year that began with the Telecommunications consumer issues— Reconnecting the Customer celebration of our fifth birthday, In April 2010, I announced a set of initiatives the ACMA continued to strive to relating to telecommunications consumer matters under the rubric of Reconnecting the be the world’s best converged Customer (RTC). The central element of the regulator, which is the standard RTC initiatives was a major public inquiry to explore telecommunications customer service of performance we have set and complaints-handling. This was a major ourselves. and important activity in its own right, but conducting this kind of broad-ranging inquiry I continue to find the range was also a first for the ACMA. Its conduct involved a number of firsts as the ACMA of the things we do to be sought to draw on the broadest range of remarkable, and