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Apo-Nid63002.Pdf AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1989-90 Australian Broadcasting Tribunal Sydney 1990 © Commonwealth of Australia 1990 ISSN 0728-8883 Design by Immaculate Conceptions Desktop Publishing, North Sydney, NSW. Printed in Australia by Pirie Printers Sales Pty Ltd, Fyshwick, AC.T. CONTENTS 1. MembersWp of the Australian Broadcasting Tribunal 1 2. The Year in Review 5 3. Powers and Functions of the Tribunal 13 4. Licensing 17 - Number and Type of Licences on Issue 19 - Number of Licensing Inquiries 20 - Bond Inquiry 20 - Commercial Radio Licence Grants 21 - Supplementary Radio Grants 23 - Joined Supplementary/Independent Grant Inquiries 24 - Public Radio Licence Grants 26 - Remote Licences 31 - Licence Renewals 32 - Renewal of Licences with Conditions 33 - Revocation/Suspension Inquiry 35 - Converted Licences 36 - Consolidation of Licences 37 - Allocation of Call Signs 38 - Changes to the Constituent Documents of Licensees 40 - Stations, Markets and Operations Databases 40 5. Ownership and Control 45 - Applications Received 47 - Most Significant Inquiries 47 - Extensions of Time 56 - Appointment of Receivers 57 - Uncompleted Inquiries 58 - Case Studies 62 - Contraventions 63 - Licence Transfers 63 - Uncompleted Inquiries 64 - Operation of Service by Other than Licensee 65 - Registered Lender Inquiries 65 6. Program and Advertising Standards 67 - Program and Advertising Standards 69 - Australian Content 70 - Children's Standards 72 - Comments and Complaints 74 - Broadcasting of Political Matter 75 - Religious Programs 76 - Research 77 iii 7. Programs - Public Inquiries 79 - Public Inquiries 81 - Australian Content 82 - Children's TV Standards 84 - Violence on TV 85 - Advertising Time on Televison 88 - Foreign Content in TV Ads 89 - Right of Reply 90 - John Laws 91 - Betting and Gambling 92 - Standards and Remote Licences 93 - Variation of Australian Content Standard 97 - Variation of Children's TV Standard 98 - Children's and Preschool Children's Television Programs 100 8. Economics and Finance 103 - Financial Databases 105 - Financial Analyses 106 - Licence Fees 106 - Financial Results of Commercial Television, Commercial and Public Radio Services 109 9. Legislation. 115 - Ownership and Control 117 - Programs 118 - Inquiries 119 - Assessment of Licence Fees 119 - Amendments to the Act 119 - Proposed Legislative Amendments 120 10. Review of Tribunal Decisions 123 - Judgements Delivered 125 - Litigation On Hand at 30 June 1990 128 - Other Litigation 130 - Ombudsman 131 11. Public Information 133 - Publications 135 - Library 135 - State Offices 136 - Freedom of Information 138 iv 12. Organisation and Staff of the Tribunal 141 - Changes in Membership and Senior Scaff 143 - Public Inceresc and Private Interest Guidelines 144 - Internal Audit 144 - Financial Management 144 - Information Systems 145 - Equal Employment Opportunity 146 - Industrial Democracy 147 - Office Structures Implementation 147 - Occupational Health and Safety 147 - Staff Development and Training 148 - Privacy Act 148 - Financial Statement 149 v APPENDICES A. Addresses by Tribunal Members 153 B. Meetings of the Tribunal 154 c. List of Public Inquiry Reports Published 156 D. News Releases Issued 166 E. Comments and Complaints 170 F. Children's Program Committee Report 172 G. Programs classified 'C' or 'C Australian Drama' 174 H. Licence Conversions 176 I. Licence Grants and Renewal Reports Published 178 J. Share Transaction Decisions 182 K. Freedom Of Information Section 8 Statement 188 L. Financial Statement. 208 For enquiries about this Report, contact: Publications Officer Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060 Telephone (02) 958 7811 Facsimile (02) 954 4328 vi vii viii \ CHAPTER 1 MEMBERSHIP OF THE AUSTRALIAN BROADCASTING TRIBUNAL 1 2 The membership of the Tribunal at 30 June 1990 was as follows: Peter Westerway B.Ec. (Hons.) .(Acting Chairman) Appointed from 4 October 1988 for a five year period, and appoint­ ed Acting Chairman of the Tribunal on 23 June, 1990. 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. 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 the leader of the Northern Territory Opposition, senior private secretary to the Hon. Clyde Holding and 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 the 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. 3 Suzanne Brooks B.Ec. Appointed from 1 August 1988 for a period of five years, Ms Brooks was formerly Head of the Office of Status of Women in the Department of the Prime Minister and Cabinet. She was previously Financial Adviser to the Treasurer in the Victorian Government and Money Market Manager with the 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 ofTCN 9 Sydney (1976-80); founding chairman and chief executive of Channel Nine (Australia) Inc. in Los Angeles, U.S.A., responsible for the first commercial TV trans-Pacific Satellite service; Television and Media Director for Bicentennial Events, NSW Premier's Department, 1988; and Network TEN Director of Broadcast Practices and Standards. Three members left the Tribunal during the year. They were Deirdre O'Connor (Chairman), Julie James Bailey and Victoria Rubensohn. Subsequent to the date of th_is report, on 30 July 1990, Timothy O'Keefe was appointed to the Tribunal for a five year period. Mr O'Keefe was formerly Group General Manager and Chief Executive of Wesgo Ltd. 4 CHAPfER2 THE YEAR IN REVIEW 5 6 Australian broadcasting experienced another year of upheaval in 1989-90. Financial results for 1988-89 released during the year showed the commercial television industry had posted its first loss since 1957-58 and commercial radio profitability had dropped by 58 per cent. These financial difficulties saw one of the commercial television net­ works (the Australian Television Network or Seven Network) being placed in the hands of receivers. The problems of administering the Broadcasting Act in these unprecedented circumstances became evident. Issues in Television Due to the continuing instability in television ownership, the Tribunal was unable to conclude its inquiries into the renewal of the Sydney and Melbourne television licences. As part of these inquiries the Tribunal sought submissions from parties on the issue of 'finan­ cial capability' as outlined in the Broadcasting Act. The Tribunal embarked on a project to enhance public knowledge of the financial state of the broadcasting sector. This involved the provi­ sion of additional resources to its Economics and Finance Branch, improvements to its computer data files and the assistance of a lead­ ing accounting firm in assessing the financial position of the three metropolitan networks. The benefits of .these initiatives will become apparent in the forthcoming year. The Tribunal completed two of its Jong running television program standards inquiries during the year. New standards for both Australian content and children's television were determined in late 1989 and came into effect on 1January1990. The new Australian content standard seeks to maintain existing levels of Australian programming while the new children's standards require an increase in first release Australian children's drama. Both standards give licensees increased flexibility in meeting their requirements. The Tribunal also completed its inquiry into violence on television during the year. The Tribunal's report recommended the television industry (commercial licensees, the ABC and the SBS) draw up a self­ regulatory code, based on the Tribunal's existing program standards and that this be supervised by the Tribunal. The Minister for Transport and Communications accepted the Tribunal's recommendations. 7 In other inquiries relating to program standards, the Tribunal decid­ ed not to introduce standards relating to betting and gambling advertisements. Both the review of the two year t:ial without rules for the amount of advertising time on television and the inquiry into foreign content of television advertisements will continue in the forthcoming year. Issues in Radio The repercussions of the Government's Metropolitan Radio Plan, involving the conversion of licences from AM to the FM band, were felt throughout the radio industry. A number of successful tenderers failed to take up the conversion opportunity. These included both successful Perth tenderers and the licensee of 3AK Melbourne.
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