Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications www.acma.gov.au

Australian Communications

A and Media Authority U S T R

A Annual Report L I A N 2005–06 C O M M U N I C A T I O N S A U T H O R I T Y A N N U A L R E P O R

CANBERRA CENTRAL OFFICE T 2

Purple Building, Benjamin Offices 0 0

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Australian Communications and Media Authority Annual Report 2005–06 © Australian Communications and Media Authority 2006 ISSN 1834-0776 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be produced by any process without prior written permission from the Australian Communications and Media Authority. Requests and enquiries concerning reproduction and rights, and any enquiries arising from the contents of the report should be addressed to: Manager Communications and Publishing Australian Communications and Media Authority PO Box 13112 Law Courts Melbourne VIC 8010 Telephone: (03) 9963 6800 Facsimile: (03) 9963 6899 Email: [email protected] This report is available on the ACMA website at www.acma.gov.au (go to ACMA > Publications > Authority > Annual Reports > ACMA Annual Reports). Senator the Hon. Helen Coonan Minister for Communications, Information Technology and the Arts Parliament House ACT 2600

Dear Minister

In accordance with section 57(1) of the Australian Communications and Media Authority Act 2005, I am pleased to present the annual report on the operations of the Australian Communications and Media Authority, for the 2005–06 reporting year. Please note that section 57(3) of that Act requires that you table the report in each House of Parliament within 15 days of receiving it.

Yours sincerely

Chris Chapman Chairman 15 September 2006 IV ACMA ANNUAL REPORT 2005–06 Contents

CHAIRMAN’S OVERVIEW ...... ix Broadcasting licensing ...... 16 Telecommunications licensing ...... 17 CHAPTER 1: Revenue and fee issues ...... 17 ABOUT ACMA ...... 1 Apparatus licence fees ...... 17 Functions and responsibilities ...... 2 Numbering charges ...... 18 Revenue collection ...... 2 Number auctions ...... 19 Structure ...... 3 Carrier licensing charges ...... 19 The Authority ...... 3 Broadcasting licence fees ...... 19 Corporate structure ...... 6 Compliance investigations ...... 20 Corporate governance ...... 6 Radiocommunications ...... 20 Telecommunications ...... 20 CHAPTER 2: Broadcasting ...... 21 REGULATORY ENVIRONMENT ...... 7 Internet content ...... 23 Spectrum planning ...... 8 Interactive gambling ...... 23 Radio and broadcasting ...... 8 Telecommunications numbering ...... 23 Digital broadcasting ...... 8 Numbering Plan administration ...... 23 Space regulation ...... 9 Number allocations register ...... 23 Variations to digital channel plans ...... 9 Numbering transactions ...... 24 Ownership and control ...... 10 Numbering for VoIP services ...... 24 Annual notifications ...... 10 ENUM ...... 25 Notifications of changes in control ...... 10 Next generation networks ...... 25 Compliance with provisions ...... 10 Regulation of VoIP services ...... 25 Compliance with notification requirements . . . .10 Mobile premium services ...... 26 Associated Newspaper Register ...... 11 Portability ...... 26 Broadcasting Financial Results ...... 11 Pre-selection ...... 27 Allocation and licensing ...... 11 Extended zones agreement ...... 27 Market-based resource management ...... 11 Mobile phone coverage initiatives ...... 27 Radiocommunications licensing ...... 11 Technical regulation ...... 27 Spectrum licensing ...... 14 Technical standards ...... 28 Class licensing ...... 15 Compliance and labelling ...... 28 Licence area plans and variations ...... 15 Technology studies ...... 28

ACMA ANNUAL REPORT 2005–06 V Radiocommunications standards ...... 29 International cooperation ...... 45 Cabling regulation ...... 31 Review of legislation ...... 45 Submarine cable protection ...... 32 Consumer safeguards ...... 45 Telecommunications infrastructure regulation . .32 Telecommunications Industry Ombudsman . . . .45 National interest issues ...... 33 Customer Service Guarantee ...... 45 Law enforcement liaison ...... 33 Universal Service Obligation ...... 46 Emergency call service management ...... 34 Do Not Call Register ...... 47 Fixed cellular terminals ...... 34 Payphone performance ...... 47 Collection of pre-paid mobile Network Reliability Framework ...... 47 phone user information ...... 35 Priority assistance ...... 48 Disclosure of customer information ...... 35 National Relay Service ...... 48 Interception capability plan compliance ...... 35 Community awareness ...... 49 Integrated Public Number Database ...... 35 Cybersmart Kids ...... 49 International matters ...... 35 Cybersmart Detectives ...... 49 International Radiocommunications Other activities ...... 49 Advisory Committee ...... 35 Consumer information products ...... 49 Radiocommunication Advisory Group ...... 36 Education campaigns ...... 50 International Telecommunication Union ...... 36 Telecommunications Standardization CHAPTER 4: Advisory Group ...... 36 MANAGING AND DEVELOPING OUR RESOURCES ITU-T study groups ...... 36 ...... 51 Regional telecommunications Our people ...... 52 activities and relationships ...... 36 Employment arrangements ...... 52 Internet safety ...... 37 Workplace Diversity Program ...... 52 INHOPE ...... 37 Occupational health and safety ...... 53 Other international activities ...... 37 Consultation and workplace relations ...... 53 Graduate program ...... 53 CHAPTER 3: Development and training ...... 53 CODES AND CONSUMER INFORMATION . . .39 Performance management ...... 53 Information management Codes of practice ...... 40 ...... 54 Industry codes ...... 40 Technology ...... 54 Consumer codes ...... 40 Information ...... 54 Internet codes ...... 40 Corporate governance ...... 54 Content standards ...... 41 Security ...... 54 Code compliance ...... 42 Audit ...... 54 Standard forms of agreement ...... 42 Risk management ...... 55 Protection of customer information ...... 43 External scrutiny ...... 55 Internet content codes of practice ...... 43 Client service charter ...... 55 Children’s and preschool programs ...... 43 Communications ...... 55 Subscription television drama expenditure . . . .43 Media ...... 55 Anti-siphoning ...... 44 Publishing ...... 55 Anti-hoarding ...... 44 Financial management ...... 55 Anti-spam activities ...... 44 Property management ...... 56 Complaints handling ...... 44 Ecologically sustainable development Enforcement ...... 45 and environmental performance ...... 56

VI ACMA ANNUAL REPORT 2005–06 APPENDIXES ...... 57 1. ACMA offices ...... 59 2. ACMA committees and attendance at meetings ...... 60 3. Staffing details ...... 62 4. Disability strategy ...... 66 5. Licensing and licence allocations ...... 68 6. Programs and content ...... 82 7. Investigations into complaints ...... 84 8. Freedom of Information ...... 91 9. Legislation ...... 93 10.ACMA instruments ...... 94 11.Notifications, directions and instruments . . .97 12.Disclosures of information ...... 98 13.Consultancies, advertising expenditure and competitive tendering ...... 99 14. Outcome and output structure ...... 100 15. Financial statements ...... 103 Glossary ...... 161 Index ...... 167

ACMA ANNUAL REPORT 2005–06 VII Chairman’s Overview

As the inaugural Chairman and Chief Executive Officer of the Australian Communications and Media Authority (ACMA), I am pleased to present its first annual report. At the end of our first full year as an organisation, this report is a good opportunity to take a step back and look at the challenges and achievements of the past 12 months, at the same time keeping an eye on the tasks that lie ahead. ACMA was formed on 1 July 2005 as a result of the merger of the Australian Broadcasting Authority (ABA) and the Australian Communications Authority (ACA). Initially, we necessarily focused inwards to consider our organisational structure and compile our first corporate plan. There is still considerable work to be done but ACMA has completed to a large extent the formal transition from the two former regulators. Structural changes within ACMA included the appointment of the new Authority members (there are now three full-time members for ACMA, compared with six in the ACA and ABA), general managers and executive managers. This is a shift towards a more functional, ‘horizontal’ organisation. To facilitate coordination of thinking and activities across the agency, two operational divisions have been established, one dealing with the inputs we provide for industry—such as telephone numbering systems, spectrum and standards and licensing—and the other dealing with the outputs of industry—content, the performance of the telecommunications carriers and consumer issues. Attention was also given to ACMA’s internal committee structures, decision-making frameworks and processes, and governance arrangements. A key difference between ACMA and its predecessor organisations is that the government created ACMA as an agency under the Financial Management and Accountability Act 1997 (FMA Act). During the year we have been learning to operate under the rather more rigorous FMA framework than that imposed by the Commonwealth Authorities and Companies Act 1997, which applied to both of ACMA’s predecessor organisations. Under the FMA Act, ACMA is both an FMA agency and a body corporate, having a separate legal identity to the Commonwealth. While the FMA Act sets the framework for all ACMA financial matters, its separate legal identity allows the Authority—that is the members— to exercise collective decision-making in the performance of their statutory functions. Another challenge during the early months of the formation and restructuring of ACMA was the development of ACMA’s first certified agreement under the Workplace Relations Act 1996. Despite tight time constraints and challenging circumstances, the ACMA Agreement 2006–07 (a comprehensive document covering more than 400 staff) was certified in December 2005. The process and the result were a testament to the commitment and professionalism of all those involved. A significant and increasingly demanding aspect of our work covers the management of Australia’s radiofrequency spectrum. Spectrum allocation and management will take on new perspectives as demand rises, technologies change, and noise and congestion issues continue to have an impact. In February 2006, ACMA commenced a strategic consultation process with the release of a major spectrum planning discussion paper entitled Strategies for Wireless Access Services. This paper intended to solicit stakeholder views so as to guide ACMA in the compilation of strategies to support the development and deployment of wireless access services in Australia. ACMA also hosted a Wireless Spectrum Strategies seminar, attended by five Authority members and a number of senior staff. Authority members have also attended the recent conferences held by the Australian Subscription Television and Radio Association, the Australian Telecommunications Users Group and the Consumers’ Telecommunications Network. Each event provided a wealth of information and context that will be invaluable in our work.

ACMA ANNUAL REPORT 2005–06 IX Early in 2006, ACMA introduced improved procedures for registering radiocommunications transmitter devices under spectrum licences. The changes were based on extensive industry consultation and provide clearer and more consistent procedures for accredited persons to certify devices as suitable for registration. During March, ACMA had a significant communications role in the staging of the Commonwealth Games in Melbourne, with our Commonwealth Games Workforce of 33 technical and three administrative staff providing on-site guidance and support to Games organisers on the operation of telecommunications and radiocommunications equipment within Australian standards. Our responsibilities extended to monitoring and inspection of Games venues to prevent radiocommunications interference. ACMA received generous acknowledgment for its contribution to the success of the Games. Throughout the year, ACMA undertook significant high-profile investigations including several into the 2005 series of Big Brother Uncut, some of which originated from unresolved viewer complaints. One of these investigations—into the 4 July 2005 episode of the program—resulted in a breach finding for sexual references and adult themes, which had a cumulative intensity exceeding the limits of the MA classification. ACMA also commenced an investigation into a matter concerning possible non-compliance with the ownership and control provisions under the Broadcasting Services Act 1992. This investigation is considering whether any issues have arisen about compliance with the two-to-a-licence-area control limit for commercial radio from the agreement by Macquarie Regional Radioworks Pty Ltd to finance the purchase of five commercial radio broadcasting licences by Elmie Investments Pty Ltd in September 2005. In an important test case for the Spam Act 2003, ACMA completed its first prosecution under the Act in the Federal Court in Perth. The clear indication to Australian spammers is that their activities will be vigorously pursued by this organisation. Other successful prosecutions completed during the year sent out the strong message that ACMA takes matters of compliance very seriously. Over the year, we have been reviewing our investigative procedures to both expedite the complaint resolution process and improve procedural fairness. While ACMA has a reasonable range of fact-finding and information-gathering tools, our goal is to more appropriately match investigative tools to the nature, complexity and gravity of the issues being investigated. This approach will lead to more efficient and quicker processes than in the past and will be of benefit to all parties. To this end, the Minister has also indicated that there is a sound basis for targeted enhancements to the powers of the Authority. Strengthening ACMA’s capacity to deal effectively with regulatory breaches, and to be seen to be dealing with them effectively, especially in key areas covered by broadcaster codes of practice and licence conditions, should assist in ensuring the continued integrity of the regulatory framework. ACMA is increasingly looking at emerging issues with a view to developing responses before those issues become problems. Network security and integrity are key concerns—in the online environment, they are fundamental to the continued take-up of e-business and business use of technology. Spam, viruses and malware will continue to be profound issues requiring our constant attention. In response to spam, ACMA launched the user-friendly ‘one-click’ spam reporting tool SpamMATTERS on 30 May 2006 after an extensive trial period. The launch generated considerable public interest and a significant spike in the number of spam reports to ACMA. For the first time, this year also saw ACMA’s Cybersmart Detectives played by students in remote locations. The online game that teaches children key internet safety messages was played by School of the Air students on remote stations in the Eyre and Yorke Peninsulas, the Flinders and Gawler Ranges, and other remote areas of , along with students in Adelaide schools. ACMA continued to play a key role at the international level during 2006, coordinating Australia's involvement with international communications organisations. At the regional level, ACMA progressed Australia's standardisation activity through participation in the Asia–Pacific Telecommunity (APT) and the Asia–Pacific Telecommunity Standardization Program (ASTAP), and by encouraging industry involvement in the standardisation activities of the region in general and ASTAP in particular. ACMA continued to work with industry on the development, review, registration and monitoring of compliance with industry and consumer codes and standards across telecommunications, broadcasting and the internet. Of particular note is the registration by ACMA early in 2006 of the internet industry code of practice on spam, developed by the internet industry in support of the Spam Act. The code is the first legislative code of practice in for internet and email service providers and a credit to the industry in its support of the global fight against spam. The government is committed to reforming Australia's media ownership laws, while protecting the public interest through a diverse and vibrant media sector. The Minister has released a discussion paper on this issue which examines means of implementing the government’s commitment, as part of a wider program of reform addressing a number of aspects of broadcasting regulation. The Minister also announced the policy framework for the introduction of digital radio, requiring ACMA to update its policy on digital radio trials using the broadcasting services bands, broaden the scope of the guidelines to include the medium frequency AM band and set out a broader range of factors to be taken into account when considering whether to approve trials.

X ACMA ANNUAL REPORT 2005–06 On the issue of the use of two unreserved television channels available across Australia, the Minister has indicated her preference to allocate these channels as soon as practicable in 2007. ACMA began preparing for possible allocation of these channels, with its work sure to provide input into the government’s consideration of media reform issues generally and the formation of a Digital Action Plan to promote and encourage the take-up of digital television. Under this plan, ACMA's enforcement powers under the Broadcasting Services Act would be enhanced to allow more timely and proportionate responses to industry activity. Another initiative recently announced by the Minister will see the development of a national standard for the telemarketing industry. This standard will form an important part of the Do Not Call Register Scheme, announced by the government in response to increasing levels of community concern about the growing number of unsolicited telemarketing calls. ACMA is also responsible for the development of the national Do Not Call Register, due to go live in 2007. ACMA values its relationship with industry, government and community stakeholders. Strategic consultation processes, independent reviews and public forums all contribute to ACMA’s commitment to meet the communication needs of the Australian community. Accordingly, our new consumer consultation framework adopted during the year takes a multi-strand approach that includes a revised and reconstituted Consumer Consultative Forum to bring together representatives of consumer, industry and regulatory bodies to discuss issues affecting consumers. This is one method ACMA will use to gather consumer and community perspectives on communications issues. We will also continue our public consultation to gather responses to issues being considered by the Authority. To assist in delivering effective regulation of the communications industry, and in line with our legislative obligations, we initiated a project towards the end of the year to review and, if necessary, redevelop ACMA’s regulatory philosophy. A coherent and considered regulatory philosophy—which is supported by staff, industry, consumers and government—will enable us to analyse the merit of any particular regulatory action against our broad regulatory philosophy. The regulatory philosophy will aim to assist staff, the communications industry, government agencies and members of the public to understand how ACMA will approach its regulatory role. This includes ACMA’s general attitude and approach to performing its regulatory functions and exercising its powers under the legislation it administers. ACMA’s vision is to manage an effective regulatory environment that supports a dynamic communications sector and enables industry to meet the communications needs of the community. Since my appointment in February 2006, I have been struck by the diversity of ACMA’s responsibilities, ranging from the traditional modes of communications such as free-to-air broadcasting and fixed telecommunications, to the internet and wireless broadband, to the even more recent realities of mobile television. While ACMA started the year organised in its traditional silos—telecommunications, radiocommunications and broadcasting—we arrived at the end of 2005–06 with a new structure. The structure of this report reflects those new organisational arrangements and the new performance measures we report against. Adopting this approach in our first year makes it possible for comparisons of our performance to be made in the years to come. Looking to our future tasks and challenges, I believe that the government has assembled an Authority of significant experience, diversity and intellectual capacity. I am struck by the complexity of the communications market, the diversity of the issues, the innovation of the players, the expectations of consumers (principally through their advocate organisations) and the commitment by the newly converged organisation and its staff to do the very best to meet the needs of all stakeholders. I would like to congratulate all staff for their ongoing dedication, energy, skill and professionalism. Their efforts ensure that ACMA can confidently fulfil its role as Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications.

Chris Chapman Chairman Australian Communications and Media Authority August 2006

ACMA ANNUAL REPORT 2005–06 XI

About ACMA

VISION 1

To be known as an integrated, forward-looking, proactive and R flexible organisation that is recognised as a leading E communications regulator that supports and encourages an T innovative and vibrant communications sector. P STRATEGIC INTENT A H To enable the communications needs of the Australian community C to be met by supporting and encouraging an innovative and vibrant communications sector. GOALS • To manage an effective regulatory environment that: – supports a dynamic communications sector and – enables industry to meet the communications needs of the community. • A professional and highly committed workforce. Functions and responsibilities • where necessary, exercising powers to create delegated legislation, often in the form of standards or service provider rules; The Australian Communications and Media Authority • facilitating the provision of community information (ACMA) is a statutory authority within the federal to promote informed decisions about government portfolio of Communications, Information communications products and services; Technology and the Arts. Senator the Hon. Helen Coonan was the Minister responsible for the portfolio throughout • reporting on matters relating to the communications 2005–06. industry, including its performance; ACMA was formed on 1 July 2005 as a result of the • representing Australia’s communications interests merger of the Australian Broadcasting Authority (ABA) internationally; and and the Australian Communications Authority (ACA). • advising the government on specific matters from Following the passage of the Australian Communications time to time. and Media Authority Act 2005, the ACA and the ABA ceased operating on 30 June 2005, with all functions of both agencies transferred to ACMA. As such, ACMA is Revenue collection responsible for the regulation of broadcasting, the internet, radiocommunications and telecommunications. ACMA collects regular revenue through broadcasting, ACMA’s specific responsibilities include: radiocommunications and telecommunications licence fees, and charges for telecommunications numbers. In • managing access to radiofrequency spectrum bands 2005–06, ACMA’s Budget funding was $72.857 million through radiocommunications licence arrangements, and actual regular revenue collection was $734.83 and resolving competing demands for that spectrum million (see Figure 1). through price-based allocation methods; Non-regular revenue was raised from market-based • planning the availability of segments of spectrum allocation and the auction of smartnumbers® radiofrequency spectrum bands used by (desirable freephone and local rate numbers). Non- broadcasting services and managing access to that regular revenue in 2005–06 was around $20.388 million spectrum through broadcasting licence (compared with $18.696 million in 2004–05 for ABA and arrangements; ACA), with spectrum allocations raising $105,000. Since • regulating compliance with the relevant legislation, 1997, more than $3 billion has been raised from spectrum licence conditions, codes of practice, standards, allocations for the Commonwealth. service guarantees and other safeguards; • promoting and facilitating industry self-regulatory solutions to emerging issues;

Figure 1: $’ 000 Costs and revenues 2004–07

Note: for comparison, the ABA and ACA figures for 2004–05 have been combined.

ABA

ABA ACA ABA ACMA ACMA ACMA ACMA ACMA ACA ACA

2 ACMA ANNUAL REPORT 2005–06 Structure

THE AUTHORITY At 30 June 2006, the Authority comprised the Chair, the Deputy Chair, one full-time Member and four part-time Members.

Deputy Chair: Lyn Maddock Appointed 1 July 2005 for four years Lyn Maddock served as the Acting Chair of ACMA during the period between the creation of the agency on 1 July 2005 and the appointment of Chris Chapman on 27 February 2006. She had previously served as the Acting Chair of the ABA and was the Deputy Chair of the ABA from 2000 to 2005. She has broad experience within the Chairman and Chief Executive Officer: Chris Chapman public sector, including senior roles with the National Appointed 27 February 2006 for five years Occupational Health and Safety Commission, the Chris Chapman has significant experience in Productivity Commission and the Department of Prime broadcasting and telecommunications, as well as Minister and Cabinet, and has also held senior positions extensive legal, financial and management experience. with Westpac. Before joining ACMA, he was Chief Operating Officer of specialist funds-management activities at Babcock and Brown Limited. Immediately prior to that, he was Managing Director and Chief Executive of Babcock and Brown Infrastructure Management Limited (formerly Prime Infrastructure Management Limited); Chief Executive Officer of the Optus joint venture Excite@Home Australia Pty Limited; Chief Executive Officer of Stadium Australia Management Limited; Chairman of Film Australia Limited; Director of the National Film and Sound Archive and occupied various senior management positions within the . He also practised as a lawyer with Mallesons and was Associate to the Chief Justice of Australia.

Full-time Member: Chris Cheah Appointed 1 July 2005 for four years Chris Cheah was previously head of the Telecommunications Division of the Department of Communications, Information Technology and the Arts, advising the government on telecommunications issues. He has also managed accessibility funding programs and held positions with Austel (the predecessor to the ACA) and Telstra.

ACMA ANNUAL REPORT 2005–06 3 Part-time Member: Gerard Anderson Part-time Member: Johanna Plante Appointed 1 July 2005 for three years Appointed 1 July 2005 for three years Professor Gerard Anderson is Head of Academic Johanna Plante was the former Chief Executive Officer Programs at the University of Central ’s of the Australian Communications Industry Forum. She Melbourne campus and was formerly Pro Vice- has held senior positions with KPMG, Telstra, Pacific Chancellor and Head of the School of Information Star Communications, and Coopers and Lybrand, was a Technology and Mathematical Sciences at the University member of Austel and a board member of Networking of . He has been a member of the Networking the the Nation. Nation board and has considerable experience in regional communications and information technology.

Part-time Member: Malcolm Long Part-time Member: Rod Shogren Appointed 1 July 2005 for four years Appointed 1 July 2005 for three years Malcolm Long is Executive Director of the Australian Rod Shogren is a former commissioner with the Film Television and Radio School and was a part-time Australian Competition and Consumer Commission, with member of the ABA. He was previously the Managing a role in telecommunications regulation. He has held a Director of the Special Broadcasting Service (SBS), has number of senior positions within the public sector, held various roles with the Australian Broadcasting including Associate Member of the ACA, and is a Corporation, including Deputy Managing Director, and consultant for Access Economics. has worked for several years as a communications consultant.

4 ACMA ANNUAL REPORT 2005–06 Figure 2: Corporate structure of ACMA at 30 June 2006

Inputs to Industry Giles Tanner

Allocations Planning Pricing and Regulation and Jonquil Ritter Andrew Kerans (a/g) Policy Compliance Chairman and Mark Loney David Brumfield (a/g) Chief Executive Officer Chris Chapman

Industry Outputs Nerida O’Loughlin

Industry Converging Codes, Content Performance Services and Education Paul White Grant Symons Andree Wright

Strategy, Analysis and Coordination James Shaw

Sector Analysis Strategy and and Reporting Coordination John Neil Maureen Cahill

Corporate Services Dianne Carlos

Finance and Human Facilities Resources and Allan Major (a/g) Information Technology Louise Harkness

Legal Services Marcus Bezzi

ACMA ANNUAL REPORT 2005–06 5 CORPORATE STRUCTURE accountability responsibilities. The committee also ACMA’s day-to-day activities are managed by an provides a valuable forum for communication between executive team comprising the Chair, the Deputy Chair, senior management and the internal auditor (KPMG) and the full-time Member, five General Managers and 11 external auditor (the Australian National Audit Office). Executive Managers. ACMA’s corporate structure at Issues addressed by the Audit Committee during 2005–06 30 June 2006 is set out in Figure 2. focused on whole-of-organisation processes and key corporate processes, particularly those associated with ACMA’s current corporate structure was introduced on financial statements preparation. 1 February 2006. Before that time, ACMA adopted an interim structure based on the two separate structures Throughout 2005–06, the ACMA Executive Group inherited from the ABA and ACA, which reflected the assisted the Chair in his role as the Chief Executive historically separate sectors of broadcasting, Officer of ACMA by providing counsel on issues of high- telecommunications and radiocommunications. The new level corporate or strategic significance to the agency. structure is designed to better reflect the converging The Executive Group comprised the Chair, the Deputy nature of the communications environment and provide Chair, the full-time Member and the five General stakeholders with access to a more cohesive arrangement Managers. of responsibilities. It aligns ACMA’s operations to reflect, More information about corporate governance (audit, firstly, regulatory ‘inputs’ to industry (including security and risk management) is given in Chapter 4. allocation and planning of spectrum, numbering, licensing and technical standards) and, secondly, the functional ‘outputs’ from industry that are regulated (including codes, content standards, investigations and consumer issues). This two-part structure is underpinned by corporate, legal, and strategy and coordination areas. At 30 June 2006, ACMA employed 500 staff under the Public Service Act 1999, most of whom are located in ACMA’s central offices in Canberra, Melbourne and Sydney. ACMA also has regional offices in Brisbane, Melbourne, Perth and Sydney, and operations centres in Adelaide, , Canberra, , Darwin, Hobart, Newcastle, , and . Contact details for all offices are provided in Appendix 1. Detailed information about ACMA’s staff is provided in Appendix 3. Corporate governance

ACMA’s regulatory functions are set out in Part 2, Division 2 of the Australian Communications and Media Authority Act 2005. Under this Act, responsibility for decisions about the agency’s regulatory functions rests with ACMA as an Authority. Under the Financial Management and Accountability Act 1997, responsibility for governance and management of the agency rests with the ACMA Chair as the Chief Executive Officer. The ACMA Chair is also the head of ACMA for the purposes of the Public Service Act 1999 and has the rights, duties and powers of an employer in respect of Australian public service employees in ACMA. During 2005–06, some of the powers vested in the Authority and the Chair under the Acts above were delegated ex-officio to other ACMA managers. Such delegations were linked to responsibility for particular activities as set out in organisational business plans and individual performance agreements. The ACMA Audit Committee provides independent assurance and assistance to the Chair on ACMA’s risk, control and compliance framework, as well as its external

6 ACMA ANNUAL REPORT 2005–06

Regulatory environment 2 ACMA will provide a regulatory environment that supports an efficient Australian communications sector. R ACMA’s effectiveness indicators include: E T • A regulatory approach that promotes benefits to end-users and P contributes to efficient and competitive Australian radiocommunications and telecommunications industries A • Efficiency in the planning, allocation and use of national H resources such as radiofrequency spectrum, telecommunications C numbering and telecommunications infrastructure • Containing the costs of regulation and of ACMA’s services • The fostering of industry self-regulation in a way that addresses public interest considerations without imposing undue financial and administrative burdens on industry • Expansion of industry number and type of new services made available • Community and consumer satisfaction level of awareness and satisfaction with regulatory mechanisms to be gauged by research into community attitudes Spectrum planning serial bus (USB), between computer peripherals and flat panel displays. However, this technology comes with some interference risks and regulatory challenges. RADIO AND BROADCASTING Internationally, there are disparate views on the level of Wireless access services interference risk posed by UWB devices. Some existing Around the world, wireless devices and technologies spectrum users claim that UWB devices should only be deliver an ever-increasing range of services to city, urban, allowed to operate with emission levels a hundred or rural and remote areas. Demand for higher speed internet more times lower than natural (thermal) noise levels in access, which can deliver substantial economic and social receivers. Such claims are often based on very benefits, is one of the key drivers for improving conservative assumptions. broadband access. The global demand for increased Over the past 12 months, ACMA has closely followed radiofrequency bandwidth is also fuelled by new international developments and, in anticipation of the bandwidth-dependent applications, such as digital video deployment of UWB market products, prepared relevant streaming, voice over internet protocol (VoIP) and the variations to the Radiocommunications Act 1992 and the emergence of machine-to-machine communication Australian Radiofrequency Spectrum Plan aimed at devices. Wireless standardisation efforts, such as IMT- supporting the introduction of 24 GHz UWB vehicular 2000 and WiMAX, represent some of the competitive short-range radars. That consultation concluded on 19 forces at work in the international broadband wireless April 2006 and will be considered for ACMA decision by market. early 2006–07. Wireless plays an increasingly significant role in Radioastronomy providing for economic broadband delivery, being able to During the year, ACMA undertook significant work in provide high data rates over greater distances and, in line with government policy to support Australia's bid to some circumstances, is more rapidly deployed than host the Square Kilometre Array, an international project current wireline local access technologies. These features to build the world’s next generation radio telescope. In make wireless particularly attractive for regional and parallel with initiatives of the Western Australian rural areas. While many frequency bands already support Government, ACMA is developing a ‘radio quiet zone’ to various categories of wireless access services, spectrum facilitate the development of radioastronomy facilities in demand and planning for wireless services remains an a remote location in Western Australia. Initiated as an important and challenging issue. ACMA spectrum embargo and centred on the proposed In February 2006, ACMA commenced a strategic site, consultative processes conducted in 2005–06 consultation process with the release of a major spectrum focused on refining regulatory arrangements. Continuing planning discussion paper entitled Strategies for Wireless efforts aim to protect the future utility of the site for Access Services. This paper aimed to stimulate discussion radioastronomy. and solicit stakeholder views to guide ACMA in the ACMA is also developing regulatory support by way of a compilation of short, medium and long-term strategies to radiocommunications assignment and licensing support the development and deployment of wireless instruction to protect other existing key radioastronomy access services in Australia. An important aspect covered facilities. Radio sensitive zones are being created, in line in the paper is the relative differentiation of wireless with recommendation 10.4 of the Productivity spectrum access issues between city, regional and rural Commission’s inquiry report, Radiocommunications, users. released in December 2002. A follow-on seminar, Wireless Spectrum Strategies 2006, DIGITAL BROADCASTING was held in Sydney in March 2006. The seminar focused on future spectrum needs for wireless access and mobile Unassigned television channels television. The paper issued in February represented the In June 2006, ACMA responded to a request from the initial step in the wireless access spectrum planning Minister to advise the government on the possible process and development of future wireless strategies. allocation of two unassigned 7 MHz digital television ACMA is currently considering submissions to this paper channels. These channels were originally planned in 2000 as it progresses from broad strategies to the development for datacasting services, including services which are of more specific and detailed spectrum planning and re- limited to providing content such as information-only farming activities. This process will be subject to further programs. From 1 January 2007, the current detailed stakeholder consultation. Radiocommunications Act 1992 allows the channels to be Ultra wideband transmitters used for an expanding range of services including subscription broadcasting, open or subscription Ultra wideband (UWB) technologies involve the narrowcasting, and mobile television. radiation, reception and processing of very wide bandwidth radiofrequency emissions for short-range Future Use of Unassigned Television Channels, a applications. UWB applications include automotive discussion paper about the possible allocation of the collision-avoidance systems, ground penetrating radars channels, was released in March 2006. ACMA received and very short-range, high data rate communications used 40 submissions in response to the discussion paper and to replace wired connections, for example, universal met with interested parties to inform its detailed work on

8 ACMA ANNUAL REPORT 2005–06 technical and regulatory issues associated with the to Australian services and thus preserve future spectrum channels. requirements to support a variety of The possible allocation of the unassigned channels is radiocommunications. being considered as part of the government’s overall ACMA provided support for Australian satellite networks approach to media reform. In March 2006, the already established or planned to operate in the government released a discussion paper, Meeting the geostationary orbit, including networks for the Digital Challenge: Reforming Australia’s Media in the Department of Defence, Astrovision, AsiaSpace Limited Digital Age. This paper stated the preferred option of (trading as WorldSpace Asia), Optus Networks Pty allocating two channels to allow new and innovative Limited, PanAmSat Asia Limited, Kagoe digital services, as soon as practical in 2007. Communications Pty Limited, CYGNET and the Digital radio trials Broadcasting Satellite Service list. During the reporting period, ACMA revised its guidelines Australian satellite networks that are already established for Digital Radio Trials Using the Broadcasting Services or planned to operate in non-geostationary satellite orbits Bands Policy to broaden their scope, reference the include the Federation Satellite One of the former government’s policy parameters for the introduction of Cooperative Research Centre for Satellite Systems digital radio and clarify how ACMA might respond to (launched in 2002 and now the responsibility of the requests for digital radio trials. Department of Defence), Sirion Global Pty Ltd and Australian S2COM Pty Limited. Following revision of these guidelines, ACMA allocated a licence to TJH Systems to operate a trial of the Digital ACMA filed four proposed Australian satellite networks Radio Mondiale (DRM) technology in , with the International Telecommunications Union ( ITU) using the unused Sydney MF-AM band frequency of (SIRION, ASTROVISION, AUSDSB and ASIABSS–B) 1386 kHz. in 2005–06. The AUSDSB satellite network is intended to provide digital broadcasting services to Australia. In May 2006, ACMA endorsed the continuation of digital radio trials in Sydney and Melbourne by Commercial CYGNET satellite network and Broadcast Australia respectively to The CYGNET satellite network was filed with the ITU 30 June 2007. These trials occur on VHF channel 9A in with the plan to provide opportunities for the provision of both cities. radiocommunications and broadcasting services to During the year, the government announced a decision on Australia and the region. In early 2006, ACMA invited the framework for the introduction of digital radio. This expressions of interest in using the filing to provide framework includes provision for trials of digital satellite services. Since no interest was reported, ACMA technology outside the more traditional broadcasting intends to allow the filing to lapse. services bands (BSBs), referred to as ‘non-BSB’. VARIATIONS TO DIGITAL CHANNEL PLANS Expressions of interest were received from the In 2005–06, ACMA continued to plan channels for communications industry to trial the digital technology allotment and assignment for digital television repeater DRM in non-BSBs, with trial licences issued services. accordingly. In international trials, DRM—compared with analog transmissions—has proven to have better Final variations immunity to interference, superior audio quality and • Mt Gambier/south east South Australia, greater coverage area. Riverland and Spencer Gulf, August 2005— SPACE REGULATION ACMA released a variation to the digital channel plan for the Mt Gambier/south east South Australia, Over the reporting period, ACMA continued its Riverland and Spencer Gulf regions to include the representation on committees associated with space allotment and assignment of channels for digital radiocommunications, where briefs ranged from television repeater services at Lameroo, Pinnaroo consideration of general space matters to specific matters and Waikerie in the Riverland region, Burra, Clare, such as Australian accommodation of the proposed Coffin Bay, Cowell, Port Lincoln, Quorn and European Union’s Galileo global navigation satellite Tumby Bay in the Spencer Gulf region, and network. Galileo will operate as an additional network to Bordertown, Keith, Kingston, SE/Robe and the existing global positioning system, which has an Naracoorte in the Mount Gambier/south east region. important role in Australia’s essential infrastructure. ACMA’s particular interest and involvement lies in the • , February 2006—ACMA released a regulation of the radiocommunications aspects of Galileo. variation to the digital channel plan for the southern region of Tasmania to include the allotment and Satellite system filings assignment of channels for digital repeater services During 2005–06, ACMA assessed 1,226 proposals from at Acton Road, Bicheno, Cygnet, Dover, Dover other countries for new or substantially modified satellite South, Geeveston, Maydena, New Norfolk, Orford, networks, a four per cent decrease over the previous year. Rokeby, Strathgordon and Swansea in the Tasmania These technical assessments identify networks that could licence area. affect Australian radiocommunications, allowing ACMA to negotiate with other countries to minimise disruptions

ACMA ANNUAL REPORT 2005–06 9 Draft variations newspaper that is associated with the licence area of the • Central Victoria and southern , licence. April 2006—ACMA released a variation to the Finally, subsection 112(6) of the Broadcasting Services digital channel plan for central Victoria and Act requires that subscription television broadcasting southern New South Wales to include the allotment licensees notify ACMA of foreign persons with company and assignment of channels for digital television interests exceeding 20 per cent in a subscription repeater services at Alexandra, Alexandra environs, television broadcasting licence. This must be done within Balranald, Bonnie Doon, Deniliquin, Eildon, Eildon three months of the end of each financial year. Town, Hopetoun, Howqua, Jerilderie, Mansfield and NOTIFICATIONS OF CHANGES IN CONTROL Seymour. Under section 63 of the Broadcasting Services Act, each • Inland New South Wales, April 2006—ACMA commercial licensee must notify ACMA when a person released a variation to the digital channel plan for has come to be, or ceased to be, in a position to exercise inland New South Wales to include the allotment control of the licence. The licensee must do this within and assignment of channels for digital repeater seven days of becoming aware of the event. Similarly, services at Adelong, Braidwood, Captains Flat, section 64 of the Broadcasting Services Act requires that Cobar, Condobolin, Coolah, Cowra, Hay, a person who has come into a position of control of a Jindabyne, Nyngan, Oberon, Talbingo, Thredbo, commercial licence must notify ACMA within seven Tumbarumba, Tumut and Young. days of doing so. • Tasmania, October 2005—ACMA released a draft ACMA received notifications of changes in control for variation to the digital channel plan for the southern 175 commercial radio broadcasting licences in 2005–06. region of Tasmania to include the allotment and ACMA received a total of 13 notifications for assignment of channels for digital television commercial television broadcasting licences in the same repeater services at Acton Road, Bicheno, Cygnet, period. Dover, Dover South, Geeveston, Maydena, New Norfolk, Orford, Rokeby, Strathgordon and COMPLIANCE WITH PROVISIONS Swansea in the Tasmania licence area. During 2005–06, ACMA commenced one investigation Field surveys into compliance with the ownership and control provisions under the Broadcasting Services Act. ACMA In 2005–06, ACMA conducted field surveys of digital is considering whether any issues have arisen about television coverage in marginal areas of the Sydney compliance with the two-to-a-licence-area control limit licence area and the Batemans Bay/Moruya area of the for commercial radio from the agreement by Macquarie southern New South Wales licence area. These surveys Regional Radioworks Pty Ltd to finance the purchase of targeted areas where analog and digital coverage is five commercial radio broadcasting licences by Elmie expected to be marginal or poor. Further digital television Investments Pty Ltd in September 2005. A more detailed field surveys will be conducted in 2006–07. description of this investigation is provided under Together with DCITA, ACMA is working with Compliance investigations in this chapter. broadcasters to develop measurement methodologies to Under Section 70 of the Broadcasting Services Act, if facilitate consistent results from measurements made by ACMA is satisfied that a person is in breach of the ACMA and industry. The group is also gathering data to ownership and control rules, it may, by notice in writing, improve the accuracy of coverage predictions. direct the person or the licensee to take action to remedy the breach of that provision. Ownership and control During the reporting period, one event led to 12 notices being issued by ACMA under section 70 of the ANNUAL NOTIFICATIONS Broadcasting Services Act to parties involved in a transaction which resulted in breaches of the two-to-a- Section 62 of the Broadcasting Services Act 1992 licence-area control limit for commercial radio in the requires that, at the end of each financial year, Gympie/Nambour overlapping licence area. The breaches commercial television and commercial radio licensees were remedied on 25 January 2006. provide ACMA with details of: Details of notices issued under section 70 of the • persons who are in a position to exercise control of Broadcasting Services Act are available to the public the licence; through ACMA’s Notifications Register. • directors of the licensee; and COMPLIANCE WITH NOTIFICATION • foreign directors of the licensee. REQUIREMENTS Section 65 of the Broadcasting Services Act requires that, Addressing the level of compliance by the commercial at the end of each financial year, each person who is in a broadcasting industry with the Broadcasting Services position to exercise control of a commercial television or Act’s annual notification requirements, ACMA issued commercial radio broadcasting licence provide ACMA formal advice to 71 licensees during the reporting period, with details of any company interests held in a reminding them of these requirements.

10 ACMA ANNUAL REPORT 2005–06 The public is kept informed of changes in ownership and represents a 10.9 per cent increase compared to 2003–04. control through ACMA’s section 75 Notifications The three major television networks and their affiliate Register. Reports based on the register are on ACMA’s licensees generated $4,045.5 million (98.2 per cent) of website at www.acma.gov.au. total commercial television revenue. The ASSOCIATED NEWSPAPER REGISTER and its affiliates accounted for $1,644.1 million (40.7 per cent of the major networks’ total), the Seven Network Under section 59 of the Broadcasting Services Act, and its affiliates $1,203.1 million (29.7 per cent) and the ACMA is required to maintain a public register of Ten Network and its affiliates $1,198.3 million (29.6 per newspapers that are ‘associated’ with commercial radio cent). or commercial television broadcasting licence areas. The Associated Newspaper Register assists ACMA in Commercial television licensees spent $1,163.4 million monitoring compliance with the cross-media provisions on programming for the 2004–05 reporting period. This of the Broadcasting Services Act, which prevent a person represents an increase of 15.7 per cent over the previous from being in a position to exercise control of a year. Of the total programming expenditure, $812.8 commercial television or radio licence and a newspaper million was spent on Australian programs, which associated with the licence area. The operation of this represents an increase of 20.5 per cent from 2004–05. provision is dependent on the effective maintenance of However, there has been a 1.4 per cent decrease in the register. expenditure on Australian drama in each of the last two years. ACMA has undertaken a comprehensive update of this register. Following extensive consultation with industry, These aggregated financial results are a valuable source the register was expanded to include overlapping licence of information for the industry—including existing and areas and the service licence numbers of relevant aspirant broadcasters—the government, financial advisers licensees. As a result, 16 additional associations and market researchers. The results are available for concerning 13 newspapers were added to the register. purchase from ACMA. In addition, the Queensland Times was added to the register for the Brisbane TV1 commercial television Allocation and licensing licence area and the Ipswich RA1 commercial radio licence area after ACMA determined that subsections MARKET-BASED RESOURCE MANAGEMENT 59(3) and 59(4A) of the Broadcasting Services Act applied to the paper. The Goulburn Post was removed Market-based resource management makes a significant from the register for the Southern NSW TV1 commercial contribution towards an efficient and competitive television broadcasting licence area and the Goulburn Australian communications sector. In particular, it helps RA1 commercial radio broadcasting licence area after achieve efficiency in the planning, allocation and use of ACMA determined that the Goulburn Post did not meet national resources such as radiofrequency spectrum, the definition of a newspaper under section 59 of the telecommunications numbering and telecommunications Broadcasting Services Act. infrastructure. Relevant performance indicators include efficient planning and allocation processes, while price- BROADCASTING FINANCIAL RESULTS based spectrum allocations must be completed within six In May 2006, ACMA released the Broadcasting months of the Minister determining competition rules. Financial Results 2004–05 for 274 commercial radio and ACMA uses market-based approaches to resource 53 commercial television licensees. As part of its role of management to maximise the efficient allocation and use informing itself and the government about industry of resources. Auctions are used to allocate freephone and trends, ACMA requests commercial television and local rate numbers, as well as spectrum in bands and commercial radio licensees to submit details of their areas where demand exceeds supply. ACMA encourages financial performance each year. Licensees provide trading of spectrum and numbers to re-allocate resources information about revenue, expenses, profits, assets and to higher value uses when market values change after liabilities for each of their broadcasting services, which ACMA’s initial allocation. ACMA aggregates and publishes. RADIOCOMMUNICATIONS LICENSING The results for 2004–05 show that the 53 reporting television licensees achieved profits of $576.9 million, Amateur service regulation down by 2.4 per cent compared to 2003–04, with During the year, changes were made to simplify and expenditure reported at $3,542.4 million, up by 13.1 per update the regulation of the amateur radiocommunication cent compared to 2003–04. service. These amendments reflect changes made The 274 reporting commercial radio licensees achieved a internationally at the World Radio Communication broadcasting profit of $170.3 million in the 2004–05 Conference in 2003 to remove the mandatory financial year, up by 37.8 per cent compared to 2003–04. requirement for morse code qualifications for operation The 53 reporting television licensees reported $4,119.3 on frequencies below 30 MHz. million in revenue in 2004–05, a 10.6 per cent increase in These changes reduce the number of licensing options revenue over the previous year. Similarly, the $947.8 while introducing a new entry-level licence category. The million in revenue generated by radio licensees new entry-level ‘foundation’ licence was developed to

ACMA ANNUAL REPORT 2005–06 11 Table 1: Radiocommunications apparatus licences current at 30 June 2006 Type of licence Licence options No. of licences Revenue 2005-06 $

GSM 900 Public telecommunications service 9 61,299,421

Fixed Fixed 41,301 35,334,144

Land mobile Land mobile 57,284 16,188,376

Defence spectrum Defence 71 6,827,729

614 3,570,268

Earth 287 435,223

Satellite licensing types Earth receive 242 524,989

Space 45 1,540,582

Space receive 40 1,069,474

33,557 1,552,872

Aeronautical non assigned 374 17,564

Amateur 14,069 773,627

Maritime coast (Limited coast stations) 2,038 61,478 Non assigned Maritime ship (Ship B/C stations) 9,531 443,116

Outpost non assigned 6,988 229,700

Scientific non assigned 457 22,084

Sound outside broadcast 100 5,303

15,304 1,532,533

Aeronautical 1,800 104,535

Aircraft 17 11,864

Amateur 406 21,639

Broadcasting 8,840 788,411

Fixed receive 783 87,496 Other Major coast receive 17 1,870

Maritime coast 1,430 104,286

Maritime ship 19 2,012

Outpost 23 1,154

Radiodetermination 1,876 364,046

Scientific 93 45,220

Miscellaneous* n/a n/a *2,022,881

Total 148,140 128,328,224

* The figure at Miscellaneous includes the spectrum licence tax, device registrations for spectrum licences, tax on licences in the classified register, and tax and charges on apparatus licences for defence exercises. encourage persons with a practical rather than theoretical Space Objects) Determination 2000, the operation of knowledge to participate in amateur radio. Corresponding earth stations that communicate with the satellite is changes were made to the qualification requirements, in automatically authorised by the Radiocommunications particular the introduction of a practical element to the (Communications with Space Objects) Class Licence examination. 1998. These arrangements efficiently support the Communication by satellites operation of satellite systems that communicate with a large number of user terminals. During the reporting period, two amendments were made to the Radiocommunications (Foreign Space Objects) Mobile phone jammers Determination 2000. These changes support the A declaration prohibiting the operation, supply or introduction of internet services aboard aircraft, using a possession of mobile phone jammers has been in effect in satellite owned by SES Americom Inc (USA), and reflect Australia since March 1999. Both ACMA and its a change of company name from New Skies Satellites predecessor, the ACA, have been approached about the NV to New Skies Satellites BV. possibility of amending that declaration to allow the use Provided that the operation of a foreign satellite is of mobile phone jammers in correctional institutions. authorised under a space licence, and a corresponding In May 2006, ACMA exempted the Australian Federal entry is made in the Radiocommunications (Foreign Police (AFP) from certain sections of the

12 ACMA ANNUAL REPORT 2005–06 Radiocommunications Act to allow mobile phone since last financial year, stabilising at 60 per cent in jammers to be tested in a shielded room. This exemption 2005–06. was implemented by the Radiocommunications Accredited persons register all devices that require (Prohibited Devices) (AFP Testing of Mobile Telephone authorisation to operate under a spectrum licence. This Jamming Devices) Exemption Determination 2006, made policy supports the self-regulatory approach to spectrum under section 27 of the Radiocommunications Act. The management introduced under spectrum licensing. It testing allows the performance of jammers to be allows licensees to take responsibility for much of the accurately characterised in a controlled environment. The administration related to their spectrum licences. In shielded room will eliminate the possibility of 2005–06, accredited persons registered 9,987 devices interference to public mobile telecommunications operated under spectrum licences. services. Submissions to the review of the accredited persons New licences scheme, commenced by the ACA during late 2004–05, Apparatus licences can be issued for any period from one indicated general satisfaction with the scheme and few day up to a maximum of five years. While the multi-year suggestions for change. ACMA is expected to implement option is available, the majority of licensees elect a one- minor improvements to the scheme during 2006–07. year licence period and annual renewal of the licence Apparatus licensing thereafter. ACMA amended the Radiocommunications Licence In 2005–06, a total of 10,483 new apparatus licences Conditions (Scientific Licence) Determination 1997 in were issued, bringing the number of licences on issue at December 2005 to support a trial operation of ultra 30 June 2006 to 148,140 (see Table 1). During the year, wideband (UWB) technology such as ground penetrating 137,657 licences were either renewed or carried over , imaging systems, wireless personal area networks from the previous year as multi-year licences. There are and location tracking systems. The determination currently 7,049 multi-year licences on issue. The number supports the authorisation of UWB device operation of new licences for each of the last five years has ranged under scientific licences. from a low of 9,100 in 2001–02 to a high of 10,483 in ACMA also amended the Radiocommunications 2005–06. During the same period, the total number of (Interpretation) Determination 2000 to extend the licences on issue has averaged 149,590 per annum. definition of ‘defence station’. This amendment Further information on licensing and licence allocations supported the operation of Joint Tactical Information is given in Appendix 5. Distribution Systems in the 960–1215 MHz band. Accredited persons scheme Examination and certification arrangements ACMA accredits people who have appropriate technical for qualified operators skills and knowledge to assist radiocommunications Marine radio operator examination services licensees. These accredited persons issue frequency The Australian Maritime College in Launceston assignment certificates for apparatus licences and continued to provide marine radio operator examination interference impact certificates for spectrum licences. services on behalf of ACMA and is responsible for The number of accredited persons increased during publishing the Marine Radio Operators Handbook. The 2005–06 (see Table 2). college is required to report to ACMA about the marine Table 3 shows the number of frequency assignments radio operator examination and certification service by made by accredited persons and ACMA assigners over 31 October of each year. The report is published on the the last five years for apparatus licences. The percentage College website. of assignments made by accredited persons has increased

Table 2: Number of accredited persons, 30 June 2002 to 30 June 2006

30 June 2002 30 June 2003 30 June 2004 30 June 2005 30 June 2006

Number of accredited persons 43 46 47 47 53

Table 3: Number of assignments registered 2001–02 to 2005–06

2001–02 2002–03 2003–04 2004–05 2005–06

8,783 8,078 6,318 8,245 *8,619 Frequency assignments registered by accredited persons 55% 55% 51% 59% 60%

7,309 6,574 6,068 5,632 **5,635 Frequency assignments performed by ACMA 45% 45% 49% 41% 40%

*Spectrum accesses created for new assigned apparatus licences **Include 1,300 spectrum accesses created for the Commonwealth Games, the frequency coordination for which was done by ACMA

ACMA ANNUAL REPORT 2005–06 13 Amateur radio operator examination services Secondary trading of spectrum licences The Wireless Institute of Australia continued to provide During 2005–06, ACMA facilitated a spectrum trade amateur examination services on behalf of ACMA. Based between two wireless access providers, Unwired and on the results of these examinations, ACMA issued 852 Austar. At the start of the year, Unwired had spectrum amateur operator certificates of proficiency during the licences in the 3.4 GHz band, across all of Australia, and reporting year. During 2004–05, the institute Austar had spectrum licences in the 2.3 GHz band, also implemented syllabuses and examinations to support a across all of Australia. Following the trade, Unwired had revised three-tier amateur certificate system, flowing spectrum licences in both the 2.3 GHz and 3.4 GHz from the review of the amateur service completed in May bands in metropolitan areas and Austar had spectrum 2004. ACMA has issued 694 certificates since the licences in both bands in regional areas. This trade is an commencement of the new system in November 2005— example of market mechanisms allowing licensees to 632 foundation, 46 standard and 16 advanced certificates. gain the most suitable spectrum for their business plans SPECTRUM LICENSING through commercial transactions. On 1 January 2006, ACMA introduced improved Spectrum reform and band restructuring procedures for registering radiocommunications Technical planning for spectrum licensing transmitter devices under spectrum licences. The changes Spectrum licensing remains an essential element of were based on extensive industry consultation and spectrum management in Australia. Spectrum licences are provide clearer and more consistent procedures for supported by technical frameworks designed to provide accredited persons to certify devices as suitable for licensees with an extended degree of technology registration. While the new certification procedures apply neutrality, to codify their rights and responsibilities in to all devices registered after 1 January 2006, they do not managing interference, and to facilitate the trading of alter the status of devices registered under the previous spectrum assets. These frameworks are included in the procedures and do not vary the existing interference respective marketing plans for bands subject to spectrum protection levels in spectrum-licensed bands. licensing. This framework documentation is being Spectrum auctions supplemented with additional explanatory material that ACMA has a quarterly auction program for spectrum archives the technical development methodology of the licences in the 3.4 GHz and 500 MHz bands. The lots on various frameworks for future reference. offer are those remaining unsold following previous During 2005–06, ACMA completed industry consultation auctions. In the 3.4 GHz band, spectrum is still available on the technical framework to support the auctioning of in Sydney, Melbourne, Hobart and Launceston. In the spectrum licences in the band 2010–2025 MHz in late 500 MHz band, spectrum is still available in Adelaide, 2006. Brisbane, Central West New South Wales, Independent review of government spectrum holdings Canberra/South Coast, Cairns, Melbourne, Newcastle, In Australia, as in many other countries, there is a need to and Sydney/Wollongong. No lots were constantly address the balance between government use sold in 2005–06. of the spectrum and its availability for use by the broader ACMA also has a quarterly auction program for low community. ACMA continues to work on balancing the power open narrowcasting (LPON) licences. LPON competing demands of the defence and essential services licences allow for the provision of niche radio sector with the broader community requirements for broadcasting services, such as tourist and racing access to spectrum. information, or ethnic and religious programming. They In June 2006, ACMA sought tenders for a consultancy operate at very low power outputs and are designed to firm to conduct an independent review of government allow services only within a limited area. During spectrum holdings. This review aims to assist ACMA to 2005–06, ACMA allocated an additional 28 LPON better meet its statutory obligations, in particular licences, raising revenue of $15,000. balancing the overall public benefit derived from use of ACMA prepared to auction spectrum licences in the the radiofrequency spectrum resource and the need to 2010–2025 MHz band in both metropolitan and regional make adequate provision of spectrum for defence, areas during 2005–06, following the Minister’s decision national security, law enforcement and emergency not to apply competition limits in July 2005. This 2 GHz services requirements. band is suitable for wireless access services and Fixed system microwave protection criteria review complements bands already used for these services, including the 1.9 GHz, 2.3 GHz and 3.4 GHz bands. At ACMA continues to investigate the optimisation of 30 June 2006, ACMA’s packaging arrangements were interference management frameworks for microwave still being finalised. With the exception of Queensland, fixed services. These comprise the large majority of which has been split into two market areas (North and apparatus-licensed radiocommunications services, in the South Queensland), the market areas are state and bands above 1 GHz. They are accommodated in many territory based. Canberra is included in a single New frequency bands up to 58 GHz, but increasingly access to South Wales/Australian Capital Territory market area. these bands is subject to competing use interests by other The allocation is scheduled to take place in the second services. ACMA recognises that microwave fixed point- half of 2006. to-point links remain an important element in the

14 ACMA ANNUAL REPORT 2005–06 provision of information infrastructure. Link densities are Internationally, 900 MHz RFID devices operate in ever-increasing, and with major cellular back-haul frequency ranges from 860 MHz to 950 MHz, with sub- deployments and the likely need for more of these allocations for different regions or countries. Australia deployments in the near future, there is a growing need currently has class-licensed allocations for RFID devices for frequency re-use, spectrum sharing with other in the frequency range 918 MHz to 926 MHz with an services and an improved level of radio spectrum effective isotropic radiated power (EIRP) limit of 1 watt. efficiency. Some other countries have increased the EIRP limitation In addition to the antenna efficiency initiative put into on such devices up to 4 watts, which is considered effect in 2004–05, ACMA is studying current protection necessary by RFID industry and major users. criteria methods. However, Australia and many other countries operate CLASS LICENSING GSM 900 MHz mobile phone systems in an adjacent band below 915 MHz. ACMA and GSM operators are Low interference potential devices concerned about allowing higher power RFID devices in Low interference potential devices include a wide range the frequency bands adjacent to the GSM 900 allocation. of low power radio transmitters used by the public every Nevertheless, there is agreement on the desirability of day, such as garage door openers, wireless local area allowing higher power for use by RFID systems. networking equipment and wireless identification tags. In consultation with the RFID industry group, GSI Operation of these devices by the general public without Australia Pty Ltd, ACMA issued an Australia-wide individual coordination is accomplished through class scientific licence trial in July 2005. This licence allows licensing. ACMA’s class licensing arrangements provide for the operation of RFID devices up to 4 watt EIRP in no-cost-to-the-user authorisation for the operation of such the frequency band 920 MHz to 926 MHz to be equipment without the need for issuing individual conducted in a controlled manner. The trial has been licences. progressing well, with tests being performed with the The rapid development of radio technology leads to GSM operator, and a gradual deployment of RFID significant numbers of enquiries from equipment systems to allow the RFID industry and ACMA to assess importers who seek the inclusion of new equipment items possible effects on services operating in adjacent within class licences. However, before the operation of a spectrum. Results of the trial are expected in mid-2007. device can be covered by a class licence, it necessary to Defence earth stations conduct planning studies to determine a set of common characteristics to make sure that the operation of these The operation of defence earth stations that communicate devices represents a low interference risk to existing with the Optus C1 satellite in the 7/8 GHz bands was Australian radiocommunications services. authorised by a class licence in October 2005. The new Radiocommunications (Communication with AUSSAT C In the past 12 months, ACMA planning studies have led 156E GOV Satellite Network) Class Licence 2005 to amendments to the Radiocommunications (Low supports the efficient deployment and use of earth Interference Potential Devices) Class Licence 2000, stations by the Australian Defence Force, while providing for: minimising the risk of interference to civilian services • new medical implant communications and telemetry that also operate in the 7/8 GHz bands. systems; LICENCE AREA PLANS AND VARIATIONS • new 60 GHz high data rate short-range link Over the reporting period, ACMA completed two new equipment; licence area plans and six variations to licence area plans. • wireless local area network (WLAN) equipment It also released two draft licence area plans and nine draft operating in new parts of the 5 GHz band; variations to licence area plans. On request, ACMA has • new 24 GHz UWB vehicular radar systems; continued to consider the planning of new radio services or the replanning of existing services. ACMA has also • a power increase for some wireless microphone revised licence area plans for television services. systems; and Government-administered programs • simplification of requirements for WLAN equipment that operates in the 2.4 GHz and 5.8 Parliamentary News Network extension program GHz bands. During the reporting period, ACMA provided technical Radiofrequency identification devices trial and frequency planning for the extension of ABC NewsRadio’s Parliamentary News Network service to all Radiofrequency identification (RFID) devices reflect new transmission areas with a population of 10,000 or more. technology that allows for efficient and accurate supply To this end, ACMA finalised the frequency planning for chain management, with 900 MHz RFID technology services in 19 regional areas to be utilised by the ABC particularly popular for major goods transport and stock for NewsRadio services. Funding for the program was management applications. However, objective trials have provided for in the 2004–05 Portfolio Additional confirmed that system performance and reading accuracy Estimates Statements. ACMA engaged a consultant to is marginal under some circumstances. This problem can assist in the planning activity to meet the government’s be eliminated by increasing the system radiofrequency timeframe. transmit power.

ACMA ANNUAL REPORT 2005–06 15 Television Black Spots Program Commercial Radio Black Spots Program ACMA assisted DCITA in administering the Television In 2005–2006, ACMA continued to work closely with Fund, which funded programs to improve television DCITA and broadcasters in delivering solutions for the reception. One such program, the Television Black Spots government’s Commercial Radio Black Spots Program. Program, aims to alleviate problems with television The program was developed to deliver new or improved reception experienced by communities around Australia. commercial radio services to regional and remote While the progam is nearing completion, ACMA communities where it has not been viable for commercial continued to deal with unanticipated technical and site licensees to provide coverage. The program is problems associated with the implementation of the administered by DCITA. ACMA’s role in the program services. was to undertake the frequency planning for new radio services that will cover the black spot areas. Alternative Technical Solutions Program In its submission to the government, Commercial Radio The government's $13.3 million Television Black Australia identified 142 potential black spot areas to be Spots—Alternative Technical Solutions Program has considered for the program. ACMA completed planning been developed to further improve television reception in and licensing of all identified radio black spot areas in regional areas. Building on the $35 million Television 2005–06. Black Spots Program, which supports improved television reception through analog retransmission, this BROADCASTING LICENSING funding supports the development of alternative technical In 2005–06, ACMA: solutions to assist eligible applicants who could not be • issued five transmitter licences for national radio assisted under the Television Black Spots Program. broadcasting services; Strategies in the Alternative Technical Solutions Program include digital television retransmissions, direct-to-home • issued 213 broadcasting retransmission licences; satellite reception equipment or cabling. • approved 1,944 applications for direct-to-home out- Throughout the reporting period, ACMA worked with of-area television reception, including 260 DCITA—which administers the program—to determine approvals under the government’s Television Black solutions for eligible areas. In the main, the solution has Spots—Alternative Technical Solutions Program; been the provision of direct-to-home satellite equipment • issued 37 radio and television test transmission approved under the out-of-area provisions of the licences; Broadcasting Services Act 1992. A digital retransmission • varied 33 radio and television apparatus licences; solution has been implemented at Port Stephens to and improve reception in the area. Further out-of-area • issued 129 special event broadcasting licences for solutions have been implemented at Crystal Brook, radio and television services. Lavers Hill, Oberon, Rosebank and Wisemans Ferry.

Table 4: Final licence area plans and variations to licence area plans—analog radio

Service area Variation

Channel capacity made available for a new community radio service available, Arnhem Land, Northern Territory with AM radio band transmitters to operate at Nhulunbuy, Darwin, January 2006 Yathalamarra, Elcho Island and Gapuwiyak.

Canberra, Australian Capital Territory Channel capacity made available for a new high power open narrowcasting May 2006 radio service to operate on 1323 kHz on the MF-AM band.

Five channels made available for national radio services; city and Central Western Slopes, New South Wales channels available for the commercial radio service 2ZOO in Dubbo city and January 2006 Wellington.

Melbourne, Victoria Exchange of the 3AW and 3EE commercial radio frequencies on the May 2006 MF-AM band.

Oatlands, Tasmania FM channel capacity made available for a new community radio service at November 2005 Oatlands, Tasmania.

Changes made to multiple technical specifications for the Central zone and Remote central and eastern Australia North East zone remote commercial radio services in areas of New South April 2006 Wales, Queensland, South Australia and Victoria.

FM channel capacity made available to provide community radio to the Scottsdale, Tasmania Bicheno region of Tasmania; channel capacity made available for the Break-O- August 2005 Day community radio service 7BOD at Bicheno on frequency 98.5 MHz at a maximum ERP of 200 watts.

16 ACMA ANNUAL REPORT 2005–06 Table 5: Final variations to licence area plans—television

Service area Variation

V Tasmania ariation to add new channels, delete channels no longer needed or operated F by broadcasters and vary the conditions of some of the technical ebruary 2006 specifications for existing national and commercial analog television services.

International broadcasting licences Industry development plan exemptions ACMA received two applications for international On 23 September 2005, the legislative obligation on broadcasting licences during 2005–06, which at 30 June applicants for a carrier licence to provide industry 2006 remained under consideration. development plans was removed. Previously, applicants Temporary community broadcasting licences could apply to ACMA for an exemption under certain conditions if their estimated annual revenue is less than The temporary community broadcasting licence (TCBL) one per cent of total industry revenue or annual capital scheme, in place since 1997, allows ACMA to allocate expenditure is less than $20 million. This change aims to non-renewable community radio licences to eligible encourage competition by making it easier for smaller aspirant broadcasters for up to 12 months. Licences are players to enter the market. only allocated if channels in the broadcasting services bands are available for transmission. Revenue and fee issues This scheme gives ACMA considerable flexibility in promoting the efficient and effective use of the spectrum. It also allows aspirant broadcasters the opportunity to Fees, taxes and charges contribute to the outcome that establish and develop a service for their community ACMA provides a regulatory environment that supports interest before the merit-based allocation of long-term an efficient and competitive Australian communications licences. sector. In particular, this helps achieve efficiency in the During 2005–06, ACMA allocated 30 TCBLs (see planning, allocation and use of national resources such as Appendix 5). TCBL licence periods vary and some radiofrequency spectrum, telecommunications numbering aspirants held more than one licence during the reporting and telecommunications infrastructure. period. Relevant performance indicators are a fair return to the Community radio broadcasting licences community for the use of national resources and the collection of annual numbering charges to meet revenue Allocation of community radio broadcasting licences targets set by the government. under Part 6 of the Broadcasting Services Act 1992 for services using the broadcasting services bands is made on Annual numbering charges have a revenue target set by the basis of the merits of the applicants and their government. ACMA imposes a charge on each non- proposed services and, where necessary, on the geographic number based on the number of digits, which comparative merits of competing applicants. ACMA is encourages efficiency in the use of scarce numbers. not obliged to allocate a community broadcasting licence APPARATUS LICENCE FEES to an applicant even though it has advertised for and ACMA imposes fees on radiocommunications apparatus received applications. licences to encourage the efficient use of spectrum and During 2005–06, ACMA allocated four community radio recover costs. ACMA’s administrative charges and tax broadcasting licences for services using the broadcasting formula are consistent with the principles of cost services bands (see Appendix 5). At 30 June 2006, four recovery and opportunity cost pricing. The tax formula community radio broadcasting licences are in the process makes fees determinate, consistent, equitable and of being allocated. transparent. Commercial radio broadcasting licences ACMA increased all apparatus licence taxes in April During the year, ACMA renewed 35 commercial radio 2006 by 2.3 per cent to keep pace with inflation. This licences for services using the broadcasting services consisted of a CPI adjustment of 2.5 per cent (June bands. 2004–June 2005), less a 0.2 per cent reduction so that the electromagnetic energy (EME) levy remained at $1 TELECOMMUNICATIONS LICENSING million. The levy comes from a one per cent tax increase Carrier licensing from 1995 that provides funding of $1 million for EME In 2005–06, ACMA granted 35 carrier licences, while 10 research. Also in April 2006, taxes for fixed services carriers surrendered their licences. There were 157 below 960 MHz were increased in the continuing licensed carriers in Australia at 30 June 2006. In program to align taxes for fixed services with those for 2005–06, ACMA issued 11 nominated carrier land mobile, in accordance with the principle of declarations and seven were revoked. One trial certificate opportunity cost pricing. Incremental increases will be was issued. Carrier licences and nominated carrier implemented annually in a five-year program (begun in declarations granted in 2005–06 are listed in Appendix 5. 2004) until equivalence is achieved.

ACMA ANNUAL REPORT 2005–06 17 Table 6: Draft licence area plans and variations to licence area plans—analog radio

Service area Variation

P Arnhem Land, Northern Territory roposal to make a new community radio service available in north east N Arnhem Land in the Northern Territory, with AM radio band transmitters to ovember 2005 operate at Nhulunbuy, Darwin, Yathalamarra, Elcho Island and Gapuwiyak.

Canberra, Australian Capital Territory Proposal to make a new high power open narrowcasting radio service March 2006 available to operate on 1323 kHz on the MF-AM band.

Proposal to make additional channel capacity available for the full suite of Central Western Slopes, New South Wales ABC services in Dubbo City, and to make channel capacity available for the November 2005 2ZOO commercial radio service at Dubbo City and Wellington.

P Lithgow, New South Wales roposal to vary the technical specification of a transmitter that would O provide the commercial radio service 2ICE Lithgow to residents of ctober 2005 Katoomba, New South Wales.

Melbourne, Victoria Proposal that the commercial radio services 3AW and 3EE swap March 2006 frequencies on the MF-AM band.

Proposal to make additional channel capacity available for the commercial Mudgee, New South Wales radio broadcaster 2GEE to extend its service and move its transmission site December 2005 and to vary the commercial radio licence area.

Oatlands, Tasmania Proposal to make a new community radio service available at Oatlands July 2005 some 60 kilometres north of Hobart in Tasmania.

Proposal that a new community service radio service be made available to serve the Perth city area, and to withdraw the availability of MF-AM Perth, Western Australia channel 1170 kHz for an open narrowcasting service in Perth. Additional December 2005 proposals included revised technical specifications for the 6IX Wanneroo translator and revised technical specifications and licence area for community radio service 6TCR Wanneroo.

Proposal to make changes to technical specifications for the remote central Remote central and eastern Australia zone and remote north east zone commercial radio services in areas of New September 2005 South Wales, Queensland, South Australia and Victoria.

Proposal to extend the licence area of the 2AAA community radio service to include Gundagai and Coolamon, make channel capacity available for , New South Wales additional transmitters in these areas and in the 2AAA licence area at February 2006 Wagga Wagga South and Junee. ACMA is further proposing that the 2VTR community radio service licence area be extended to Gundagai and Talbingo and that channel capacity be made available in these areas.

Revenue from radiocommunications licence fees (taxes NUMBERING CHARGES and charges) increased by 1.7 per cent in 2005–06 (see The annual numbering charge process for 2006 was Table 8). Taxes rose by 0.8 per cent, which was less than conducted in a similar way to 2005, with the same inflation. The main reason was a $1.8 million reduction revenue target of $60 million. ACMA made legal in the apparatus licence fees paid by the Department of instruments between February and April 2006 to Defence as a result of bands being converted to spectrum determine the numbering charge census date of 2 April licensing for an up-front fee and no longer being liable 2006 and the charge imposed on particular numbers. for an annual tax. Taxes paid by other licensees generally Geographic numbers used for standard telephone services rose in line with inflation. This was influenced by the are not subject to numbering charges. ACMA also continuing reduction, especially by Telstra, in the number exempted from charge all remaining geographic numbers, of microwave point-to-point links in high-capacity long- as well as community service numbers, telex numbers haul bands, which are being replaced by optical fibre. and international signalling point codes. In addition, Increases in the number of point-to-point licences for numbers allocated for trials of ENUM and country connecting mobile phone base stations to the calling card services were exempt from charges in 2006, telecommunications network were less than in previous as they had been in 2005. years, which contributed to slower growth in taxes and a reduction in non-tax revenue from issue charges. Mobile network carriers are required under the Numbering Plan to report on quantities of mobile numbers held by carriage services providers (CSPs) on the census date. The census was successfully completed with the cooperation of all mobile carriers. Table 7: Draft variations to licence area plans—television

Service area Variation

Proposal to add new channels, delete channels no longer needed or operated Regional Victoria by broadcasters and to vary the conditions of some of the technical April 2006 specifications for the existing national and commercial analog television services.

18 ACMA ANNUAL REPORT 2005–06 Table 8: Revenue from radiocommunications licence fees and charges, 2003–04 to 2005–06

Revenue 2003–04 Revenue 2004–05 Revenue 2005–06 $ million $ million $ million

Tax 120.3 124.1 125.1

Non-tax 3.6 3.6 3.2

The 2006 annual standard numbering charge for 10-digit (Freephone and Local Rate Numbers – Charities) numbers was $0.90870507. Employing the opportunity Allocation Determination 2005 (No.1). cost methodology applied in previous years, nine-digit Reserve prices for numbers in the public auction process numbers were charged at $9.0870507, eight-digit are set at prices starting from $500, according to the numbers at $90.870507 and so on. Three, four and five- different characteristics of the numbers. For example, digit numbers were charged at $100,000, the maximum smartnumbers® with numerical patterns or those that rate allowable under the Telecommunications (Numbering translate to phonewords may have a higher reserve price Charges) Act 1997. Numbers used for incoming-only than other FLRNs. international services, internal network services and Charities may obtain any number at a reserve price of testing services were subject to a reduced rate of charge. $100, providing that a strategic link can be demonstrated At 30 June 2006, ACMA had recovered $59,953,959.55 between the charity and the number, for example, a of the $60 million revenue target. number that translates to a phoneword that is part of the The amounts outstanding for each CSP are shown charity’s name. Since the new system was introduced, in Table 9. public auctions have allocated 16,818 smartnumbers®, NUMBER AUCTIONS raising $22,922,135 in revenue, while charities have An allocation system for freephone and local rate purchased 213 smartnumbers®, raising $80,269. numbers (FLRNs) was launched in July 2004. The CARRIER LICENSING CHARGES smartnumbers® auction system is an efficient means of Under the Telecommunications (Carrier Licence allocating these numbers and enables an appropriate Charges) Act 1997, ACMA imposes charges on licensed return for a valuable and limited resource. The telecommunications carriers as part of its recovery of the smartnumbers® charities auctions commenced on cost of regulating the industry. The annual licence charge 21 July 2004 and the public auctions on 18 August 2004. paid by a carrier is based on a fixed minimum amount ACMA currently schedules auctions fortnightly. and a variable component based on the carrier’s share of Businesses may find smartnumbers® attractive as a ‘eligible revenue’, calculated as the gross sales revenue marketing tool, because they have a distinctive and of the carrier and its related parties, less a series of memorable pattern (for example, 1800 111 222) or revenue and expense deductions. because they can be translated into phonewords when The carrier licence application charge and the fixed using the standard alpha-numeric keypad. Many component of the annual carrier licence charge were businesses have found that the use of a patterned number originally set at $10,000 in 1997. Following a 2003–04 or phoneword increases call volumes significantly, review of these charges, the application charge was compared with the use of a standard FLRN. Purchasers reduced from $10,000 to $2,200 and the fixed component of smartnumbers® are entitled to enhanced rights of use from $10,000 to less than $1,000. The application charge (ROU), including the ability to trade or lease the ROU. will be reviewed every two years and the fixed Purchasers may hold the ROU to smartnumbers® for component will be recalculated each year. These lower three years without an active service in place. charges have encouraged competition by opening the The smartnumbers® allocation system consists of the market to smaller players. normal public auctions and a separate process for BROADCASTING LICENCE FEES income-tax-exempt charities. Arrangements for these processes are set out in the Telecommunications ACMA collected commercial broadcasting licence fees of (Freephone and Local Rate Numbers) Allocation $251.2 million from commercial television services in Determination 2005 (No. 1) and the Telecommunications 2005–06 (compared with $225.2 million in 2004–05) and

Table 9: Annual numbering charge amounts outstanding at 30 June 2006

CSP Amount outstanding ($)

Bareena Holdings Pty Ltd 9,087.05

Cellhire PLC 3,603.92

Communicator Interactive Pty Ltd 24,262.43

Voicetek Pty Ltd 9,087.05

Total 46,040.45

ACMA ANNUAL REPORT 2005–06 19 Table 10: Broadcasting licence fees

Number of licences Total licence fees collected ($m)

June 2004 June 2005 2004–05 2005–06

Commercial radio 272 274 17.9 20.3

Commercial television 53 53 225.2 251.2

$20.3 million from commercial radio services (compared investigations resulted in one licence being cancelled. with $17.9 million in 2004–05). Overall, this is an LPON licences are also subject to conditions restricting increase of 8.9 per cent on the total collected in 2004–05 the power and field strength of the service. (see Table 10). In June 2006, ACMA successfully concluded a long- Fees imposed in 2005–06 were based on revenue earned running enforcement action against the former licensees by commercial television and radio licensees during of a network of country music LPON stations west of 2004–05. Annual licence fees are calculated as a Sydney. These services were operated at hundreds of percentage of licensees’ gross earnings for the relevant times the licensed power, enabling their service to be financial period. To preserve confidentiality, licence fees heard over large areas of western Sydney. Operating a paid by individual operators are not published. high power service in breach of licence conditions Regional television licensees claimed rebates of $23.6 undermines spectrum planning and the orderly operation million in 2005–06 under the Regional Equalisation Plan, of competing radio services. The enforcement action which recognises that regional television licensees face resulted in the criminal prosecution of the licensees, who higher per capita costs in converting to digital pleaded guilty and were convicted of five offences broadcasting than their metropolitan counterparts. ACMA against the Radiocommunications Act. administered the plan, a disallowable instrument under ACMA initiated 463 investigations into suspected non- the Broadcasting Services Act. compliance with the radiocommunications standards regulatory arrangements. It also contributed to 11 Compliance investigations prosecutions in local courts for failure to comply with radiocommunications licensing conditions, with nine cases finalised and two still to be resolved through the ACMA works with industry to set a regulatory approach court process. that fosters self-regulation, provides benefits to end- TELECOMMUNICATIONS users, will readily accommodate technological change and contributes to an efficient and competitive ACMA provides information to assist landowners, the communications sector. ACMA also registers and community and industry to understand the rights and monitors compliance with industry codes developed for obligations of carriers where powers are exercised under the communications industry. Schedule 3 of the Telecommunications Act 1997. ACMA also investigates breaches of the Telecommunications Act RADIOCOMMUNICATIONS 1997, the Telecommunications Code of Practice and ACMA conducts investigations into suspected industry codes registered by ACMA. contraventions of the Radiocommunications Act 1992 ACMA received enquiries from solicitors, local councils, relating to the operation of radiocommunications landowners, telecommunications carriers and the public transmitters. These contraventions include unlicensed about matters covered by Schedule 3 of the operation of transmitters, breaches of licence conditions Telecommunications Act 1997 during 2005–06. Many and breaches of offence provisions relating to related to the entitlement of carriers to install facilities, interference. including radiocommunications facilities, and the rights In 2005–06, ACMA conducted 663 radiocommunications of the landowner, occupants and residents to object. In all investigations, with monitoring of licensees involving cases, enquiries were resolved after information was 527 visits to the licensees’ transmitter sites. These provided to the enquirer and, where appropriate, referrals investigations resulted in 57 advice notices and 158 were made. ACMA received 45 complaints and enquiries warning notices being issued. In seven cases, about the installation of low-impact facilities. infringement notices providing the option of a penalty as Product suppliers an alternative to prosecution were issued for licensing contraventions of the Radiocommunications Act, all of Suppliers of telecommunications products were which were paid. There were 186 notices issued relating investigated by ACMA staff on 52 occasions about to unlicensed operation of a transmitter. compliance with standards regulation under the Telecommunications Act 1997. A total of 17 warning Radiocommunications licences that authorise low power notices and one advice notice were issued, with the most open narrowcasting services (LPONs) are subject to ‘use prevalent breach being a failure to properly label it or lose it’ provisions. ACMA investigated 35 LPON products with the ‘A-Tick’ symbol. services for compliance with these provisions. These

20 ACMA ANNUAL REPORT 2005–06 Cabling investigation also allow ACMA to investigate whether In 2005–06, ACMA conducted 108 investigations into Macquarie Bank Limited or any of its subsidiaries is in a compliance with the cabling provider rules of the position to exercise control of Elmie by one or more of Telecommunications Act 1997. These rules regulate the other means provided for in Schedule 1 of the telecommunications cabling within customer premises. Broadcasting Services Act. The investigation was Six notices of non-compliance regarding the standard of continuing at the end of the reporting period. cabling work were issued, as well as seven advice notices Complaints and 16 warning notices. The numbers of complaints and investigations into BROADCASTING complaints about radio and television licensees’ Commercial radio broadcasting licences compliance with codes of practice, licence conditions and the Broadcasting Services Act are provided in Table 11. On 16 February 2006, ACMA began an investigation into Details of breach and non-breach findings by the control of the commercial radio broadcasting licences state/territory and category of broadcasting service are in held by Elmie Investments Pty Ltd (Elmie). The terms of Appendix 7. the investigation require ACMA to determine, among other matters, whether Macquarie Bank Limited or any of Big Brother Uncut/Big Brother Adults Only its subsidiaries had, since 5 September 2005, been in a On 23 June 2005, the ABA began an investigation into position to exercise control over the Elmie licences. whether the Network Ten licensees’ broadcasts of Big The ACMA investigation is examining the control issues Brother Uncut on 30 May 2005, 6 June 2005 and 13 June arising from the agreement by Macquarie Regional 2005 were in breach of the classification provisions in Radioworks to finance the Elmie purchase of the five the Commercial Television Industry Code of Practice radio stations from AMI. The terms of reference for the July 2004. ACMA assumed responsibility for the investigation from 1 July 2005. Table 11: Summary of complaints and investigations

Complaints received 737

Complaints actioned within service charter timeframe of seven calendar days (92%) 678

Investigations completed 142

Investigations completed within timeframe of four months from receipt of complaint or further information (86%) 122

Investigations resulting in breach findings 34

Investigations resulting in non-breach findings 100

Investigations terminated 8

Investigations regarding compliance with Broadcasting Services Act 1

Investigations resulting in breach findings Investigations regarding compliance with licence conditions 15

Investigations regarding compliance with codes of practice 18

Investigations regarding compliance with Broadcasting Services Act 0

Investigations resulting in non-breach findings Investigations regarding compliance with licence conditions 16

Investigations regarding compliance with codes of practice 84

6AR community radio—additional conditions imposed *5

2CCR community radio—undertaking revised and extended

2BCR community radio—undertaking requested Investigations resulting in enforcement action NEN commercial television—notice issued

TEN ADS ATV NEW TVQ commercial television—undertaking requested

* Two carried over from 2004–05 (2CCR and NEN)

Applications for section 21 opinions received 2 Section 21 opinions Applications for section 21 opinions actioned within statutory timeframe 2

ACMA ANNUAL REPORT 2005–06 21 Table 12: ‘Sufficiently serious’ content items referred, 2005–06

Agency content referred to Number of items

Overseas-hosted items Australian Federal Police 148

INHOPE member hotline 298

Australian-hosted items State/territory police 10

Total 456

Big Brother Uncut was classified MA 15+, which is the complaints received about the 2006 series of the highest classification category permitted on free-to-air program. television. On 16 September 2005, ACMA found that ACMA undertook two other investigations into the 2005 each of the licensees breached clause 2.4 of the code in series, both of which originated from unresolved viewer the 30 May and 13 June broadcasts, for the broadcast of complaints. One of these investigations—into the 4 July material that was in excess of the MA 15+ classification. episode of the program—resulted in a breach finding for One breach, in the episode broadcast on 30 May 2005, sexual references and adult themes which had a involved a gratuitous and demeaning portrayal of nudity. cumulative intensity exceeding the limits of the MA The other breach, in the 13 June 2005 episode, was for classification. very coarse language that was not suitable for persons Following the conclusion of this investigation, and in line aged 15 years and under. with its commitment to actively review the internal Network Ten subsequently gave undertakings to see that arrangements of the newly merged organisation, ACMA future series of the program remained within the limits of undertook to review its processes for investigations into the MA 15+ classification. Ten undertook to provide broadcasting matters. The review is intended to enable training in the MA classification provisions for its staff, ACMA to deliver a speedy investigation outcome, while and to amend production processes so that future series continuing to provide for procedural fairness for of the program were not broadcast live-to-air, to allow licensees. This review will continue in 2006–07 as two classifiers time to independently review the program. ACMA continues to refine its processes. Ten also undertook to report to ACMA weekly on

Table 13: Prohibited/potentially prohibited internet content items actioned, 2005–06

Location of internet content host Content classification and description Australia Outside Australia Total

R—Violence 0 n/a 0

R—Sex 0 n/a 0

R—Themes 0 n/a 0

R—Drug Use 0 n/a 0

R—Nudity 0 n/a 0

R—Language 0 n/a 0

X—Actual sexual activity 4 171 175

RC—Crime—promotion/instruction 0 1 1

RC—Violence—depiction 0 1 1

RC—Paedophilia—promotion/instruction 0 1 1

RC—Child—depiction 10 445 455

RC—Bestiality—depiction 3 6 9

RC—Sexual violence—depiction 0 21 21

RC—Sexual fetish—depiction 0 10 10

RC—Sexual fantasy—depiction 1 50 51

RC—Drug use—promotion/instruction 0 0 0

Total 18 706 724

22 ACMA ANNUAL REPORT 2005–06 Big Brother Adults Only—an MA 15+ classified version complaints about alleged prohibited interactive gambling of the 2006 Big Brother suite of programs which replaces content and for registering industry codes of practice Big Brother Uncut, screened in 2005—screened in May dealing with interactive gambling matters. Part 3 of the and June 2006. In accordance with its undertaking, Ten Act establishes a complaints system for prohibited reported on complaints received to ACMA for the life of interactive gambling content, which is operated by the series. ACMA. INTERNET CONTENT In 2005–06, ACMA received five complaints under the Schedule 5 to the Broadcasting Services Act 1992 Interactive Gambling Act. Two investigations resulted in establishes a complaints mechanism for prohibited or the location of prohibited internet gambling content. Each potentially prohibited internet content. During 2005–06, was located outside Australia and was notified to the ACMA received 826 complaints about internet content, makers of filter software in accordance with the code of of which 83 were invalid. There were 23 investigations practice registered under the Act. The remaining three carried over from 2004–05, 638 completed investigations investigations resulted in location of content that was not and 117 terminated investigations. These investigations prohibited. were terminated because ACMA was unable to obtain sufficient information on which to base a decision Telecommunications (usually because the content identified by the complaint numbering could not be located). Eleven investigations were current at 30 June 2006. Of the 638 investigations completed, 422 resulted in NUMBERING PLAN ADMINISTRATION location of content that was prohibited or potentially ACMA manages the Telecommunications Numbering prohibited content under the Broadcasting Services Act Plan 1997, which sets out the framework for the and resulted in the location of 724 prohibited or numbering of carriage services in Australia and the use of potentially prohibited items of internet content (‘items numbers in connection with the supply of such services. actioned’). ACMA is also responsible for managing the existing During 2005–06, final ‘take-down’ notices were issued numbering resource and planning for new numbering for 18 items of Australian-hosted prohibited internet developments in Australia. content and 706 overseas-hosted prohibited or potentially The Numbering Plan was varied during the reporting prohibited items were referred to the makers of internet period to meet the changing needs of industry and the software filters. community. Variations in 2005–06 included: Classification was refused for 76 per cent of items that • specification of new geographic number ranges for were prohibited or potentially prohibited and 63 per cent 11 areas across regional Australia; constituted an exploitative or offensive depiction of a • re-specification of existing geographic numbers in child (commonly referred to as ‘child pornography’), or Melbourne and Sydney; and were otherwise concerned with paedophile activity. • correction of minor errors, clarification of The internet content complaints scheme requires ACMA ambiguities and removal of redundant components to refer ‘sufficiently serious’ material (such as child of the Numbering Plan. pornography) to a law enforcement agency or other competent body. For content hosted in Australia, referral Representatives from the telecommunications industry, procedures have been agreed with state and territory telecommunication users, community groups and police forces. For content hosted outside Australia, government work closely in the Numbering Advisory ACMA refers details of child pornography to the Committee (NAC) to formulate and administer Australian Federal Police or an INHOPE member hotline numbering policy. The NAC primarily addresses issues for investigation and/or criminal prosecution. As shown relating to the development and management of the in Table 12, 456 items of illegal internet content were Numbering Plan, including the allocation and referred to the above agencies in 2005–06. specification of numbers and the distribution and administration of annual numbering charges. The Table 13 shows the breakdown, by content host location committee met three times during 2005–06 and provided and content type, of items actioned as a result of advice on new numbering arrangements for VoIP completed investigations in which prohibited content was services, local number portability and identifying located. numbers to be used for trialling new services. Most overseas-hosted content investigated by ACMA and NUMBER ALLOCATIONS REGISTER found to be prohibited or potentially prohibited originated in the United States and Russia. ACMA maintained an online number register of numbers that have been allocated to CSPs and numbers that have INTERACTIVE GAMBLING been permanently transferred from one CSP to another. The Interactive Gambling Act 2001 makes it an offence This information is necessary for CSP functions such as to provide certain types of gambling services to routing and billing, and is used by ACMA in Australians and to advertise such services in Australia. administering the Numbering Plan. The database Under this Act, ACMA is responsible for investigating

ACMA ANNUAL REPORT 2005–06 23 incorporating this register allowed CSPs and others to or placements in quarantine. Table 17 shows the quantity effectively access this information during 2005–06. of numbers allocated and Table 18 shows the quantity NUMBERING TRANSACTIONS surrendered in 2005–06 by number type and digit length. In 2005–06, ACMA assessed 42 applications for numbers NUMBERING FOR VOIP SERVICES from 15 CSPs, including four applications for On 16 December 2005, ACMA released a discussion international signalling point codes. The average time to paper entitled Numbering for VoIP Services to facilitate process routine applications was 2.7 working days, public consultation on proposed arrangements to compared with 5.35 calendar days in 2004–05. accommodate VoIP services. The discussion paper There were significantly fewer geographic numbers included a draft variation to the Numbering Plan. allocated in 2005–06 (1.021 million) compared with The draft variation included the following changes to the 2004–05 (10.76 million). There were also substantially Numbering Plan: fewer digital mobile numbers allocated in 2005–06 • Geographic numbers should continue to be made (500,000) than in 2004–05 (6.5 million). Table 14 shows available to telecommunications carriers and other the numbers allocated by number type in 2005–06. providers of services that are a close substitute for a In 2005–06, ACMA received nine applications to traditional telephone service. surrender numbers from nine CSPs. There were also • VoIP services on geographic numbers, when notifications for permanent transfer of numbers between operated nomadically, will retain a link between a CSPs. Table 15 shows the numbers surrendered, while ‘fixed location’ and the corresponding geographic Table 16 shows the numbers permanently transferred by number used. number type. • A new number range should be made available for The former ACA delegated the allocation of freephone use by VoIP providers. (1800) and local rate (13) numbers to Industry Number • A new technology-independent service definition— Management Service (INMS) in late 2000. In 2004, the emerging communications services (ECS)—will be ACA also delegated allocation of six and eight-digit introduced to the Numbering Plan and the new 0550 premium rate numbers to INMS. Transactions undertaken number range will be specified for use by ECS. It is by INMS include allocations, withdrawals, reservations

Table 14: Quantity of numbers allocated by number type, 2005–06

Type of number CSPs allocated numbers Quantity of numbers allocated

Geographic 9 991,000

Digital mobile 1 500,000

International signalling point codes 4 4

Operator 1 31

Total numbers allocated 15 1,491,035

Table 15: Quantity of numbers surrendered by number type, 2005–06

Type of number CSPs surrendering numbers Quantity of numbers surrendered

CSP identification codes 3 3

Digital mobile 2 910,000

International signalling point codes 3 7

Virtual private network service 1 1

Total numbers surrendered 9 910,011

Table 16: Quantity of numbers transferred by number type, 2005–06

Type of number CSPs transferring numbers Quantity of numbers transferred

Geographic 1 41,000

CSP identification codes 2 2

Data Network Access Service 1 5,000

Total numbers transferred 4 46,002

24 ACMA ANNUAL REPORT 2005–06 Table 17: Quantity of numbers allocated by INMS by number type and digit length, 2005–06

Type of number Quantity of numbers allocated

Freephone and local rate (1800, 1300, 13) 28,743

Premium rate numbers (six and eight-digit 19 numbers) 997

Total numbers allocated 29,740

Table 18: Quantity of numbers surrendered by INMS by number type and digit length, 2005–06

Type of number Quantity of numbers surrendered

Freephone and local rate (1800, 1300, 13) 10,686

Premium rate numbers (six and eight-digit 19 numbers) 533

Total numbers surrendered 11,219

envisaged that the new ECS service type will NEXT GENERATION NETWORKS include both nomadic VoIP services and other new Next generation networks (NGN) are single platforms services. over which operators may provide all their services. • Guidelines will be introduced into the Numbering ACMA considers VoIP as the first of many NGN Plan which will address the nature and services. NGN is a global initiative, coordinated characteristics of services for which the numbers primarily by the ITU. should be used. VoIP providers must have regard for ACMA confined its activity this year in NGN to these guidelines when seeking number allocations monitoring international standards development. ACMA and choosing the appropriate range. is particularly interested in the area of end-to-end quality Ten submissions were received in response to this of service that could serve as a regulatory measure for consultation process. ACMA will consider the IP-based networks and services. submissions and make appropriate adjustments to the Most of the NGN standards work currently being proposed variation, which is expected to be made in the undertaken is associated with architecture and protocols, first quarter of 2006–07. end-to-end quality of service and security. Significant The proposed changes to the Numbering Plan are limited work in these areas is being undertaken by Japan, Korea to the numbering arrangements for VoIP services. Other and the United States of America. The standards bodies regulatory aspects relevant to the implementation of VoIP aim to promote globally consistent standards and allow a services in Australia will be addressed through other migration path from existing networks and services. legislative processes. REGULATION OF VOIP SERVICES ENUM Deployment of VoIP services has increased during ENUM (tElephone NUmber Mapping) is a 2005–06, with over 100 active VoIP service providers communications protocol developed by the Internet now operating in Australia. Most service providers offer Engineering Taskforce that enables addresses for internet free on-net calls, half price local calls and very low price resources (such as addresses for internet telephony, national and international calls. Many of these providers email, web pages and instant messaging) to be mapped to promote themselves as supplying fixed-line replacement telephone numbers. services. ACMA continued to conduct the Australian ENUM trial, Following a period of consultation during 2004–05, extended for 12 months by ACMA and the Tier 1 registry DCITA published the report Examination of Policy and operator, AusRegistry International, in April 2006. The Regulation Relating to Voice over Internet Protocol trial will now conclude on 6 June 2007. (VOIP) Services in November 2005. The report included 30 recommendations regarding regulation of VoIP. In 2005–06, ACMA held six Australian ENUM Implementation of these recommendations is being Discussion Group meetings. Discussions focused undertaken by ACMA in conjunction with DCITA, the primarily on addressing the authentication and validation Australian Communications Industry Forum (ACIF), the processes that will enable the introduction of geographic Australian Competition and Consumer Commission and mobile numbers into the trial. To date, only a limited (ACCC) and the Telecommunications Industry implementation of ENUM has been trialled. This has Ombudsman (TIO). ACMA has primary responsibility for only allowed data associated with ENUM to be linked to the implementation of nine of the recommendations and a numbers in a special ENUM-only number range (059x supporting role for a further 17. xxx xxx), which is not available for use on the public switched telecommunications network.

ACMA ANNUAL REPORT 2005–06 25 Many of the recommendations are aimed at ensuring providers over the year to monitor progress on the users of VoIP services are aware of the differences development of the self-regulatory scheme. A draft of the between a VoIP service and the traditional telephone scheme was released for a public consultation in service, with particular emphasis on access to emergency November 2005. A final scheme is expected to be services, dependence on mains power, quality of service submitted to ACMA for approval early in 2006–07. and the applicability of the CSG. ACMA is working with PORTABILITY ACIF to see that service providers are adequately informing their customers about these differences. ACIF Number portability improves opportunities for has published several fact sheets on these topics. competition within industry by enabling a customer to keep a telephone number when changing to a new CSP. ACMA is implementing regulatory changes so that calls Number portability is available for local, mobile, placed to 000 or 106 using a VoIP service can be freephone and local rate numbers. identified and associated with accurate location information, where possible, to enable prompt emergency Provision is made in the Telecommunications Numbering response. Other issues being considered are lawful Plan 1997 for circumstances where it may not be interception, international jurisdiction, portability and practicable or in the long-term interests of end-users for a long-term implications of VoIP on the industry. CSP to provide portability. MOBILE PREMIUM SERVICES During the reporting period, ACMA granted Hutchison Telecommunications Australia Limited an exemption During 2005–06, mobile CSPs and content service from the requirement to provide local number portability providers developed a self-regulatory scheme in for customers using its LocalZone service. This service accordance with a service provider determination made provides for mobile calls within a local geographic zone under the Telecommunications Act 1997—the to be charged at fixed-line rates through a local Telecommunications Service Provider (Mobile Premium geographic number (customers are given a mobile Services) Determination 2005 (No.1). A self-regulatory number and a geographic number). The exemption did scheme is intended to set out rules to give customers not affect the ability of LocalZone customers to port their information that enables them to make informed mobile number. This is the only exemption that remains decisions about the use of mobile premium services, as in force and expires on 30 November 2007. well as offering access to an independent mechanism for ACMA did not consider any other exemption handling complaints about mobile premium services. applications during the reporting period. ACMA liaised with mobile CSPs and content service

ACMA’s technical officers resolve interference incidents at the Melbourne Sports and Aquatic Centre during the Commonwealth Games.

26 ACMA ANNUAL REPORT 2005–06 PRE-SELECTION Working group on 3G mobile network Pre-selection is a feature provided on a standard In February 2006, the Minister established a working telephone service that allows a certain class or basket of group to gain a better understanding of Telstra’s proposal calls, including national long distance and international to introduce a national third generation (3G) mobile calls, to be automatically routed to an alternative phone network and close down its existing CDMA provider, regardless of which CSP is providing local call mobile network. Together with DCITA, Telstra and other and access service for that standard telephone service. parties, ACMA will be considering issues including The primary purpose of pre-selection is to offer technical performance of the new system and network customers choice and to support competition by enabling coverage. The group met three times during 2005–06, competing operators to use the networks of other carriers with sub-committees also formed to look at discrete to access their customers. aspects of the transition process. At the end of the reporting period, one exemption from the pre-selection requirements remained in force for calls Technical regulation made on Telstra’s ‘communic8’ residential fixed service product. ACMA fosters industry self-regulation and supports EXTENDED ZONES AGREEMENT industry in the development of standards, taking into In June 2001, the government entered into a 10-year, consideration appropriate public interest criteria and $150 million contract with Telstra to provide untimed technical regulatory requirements of the calls at the local call rate, untimed internet access and Telecommunications Act 1997 and the other enhanced services to the extended zones in remote Radiocommunications Act 1992. Australia. Extended zones cover about 80 per cent of the To facilitate development of effective standards and most sparsely populated areas of Australia and include regulatory arrangements, ACMA works closely with around 40,000 services. industry bodies so that industry codes, technical As contract manager on behalf of the government, standards and guidelines developed by industry are ACMA assessed the extent to which the agreement’s suitable for the regulatory processes. ACMA participates objectives of maintaining and enhancing existing service in both ACIF and Standards Australia reference panels levels have been met. Previous service quality problems and working committees, and provides comments during identified by ACMA with extended zone services, where drafting of relevant documents. The public comment CDMA wireless local loop (WLL) technology had been phase of technical standards development either by ACIF used in the infrastructure upgrade, are continuing to be or Standards Australia facilitates wider stakeholder input. rectified by Telstra. Resolution of these problems is ACMA’s four standards regulatory arrangements include: expected to be ongoing into the next reporting period as • the Telecommunications Regulatory Arrangement, Telstra continues the rollout of the new ‘Juni’ local which specifies requirements for suppliers of access unit, which commenced in May 2006. telecommunications customer equipment and ACMA received regular briefings from Telstra on its customer cabling; progress in resolving CDMA WLL service quality • the Radiocommunications Regulatory Arrangement, problems during 2005–06. which specifies requirements for suppliers of certain MOBILE PHONE COVERAGE INITIATIVES radiocommunications transmitters; In 2005–06, ACMA monitored carrier performance under • the electromagnetic compatibility (EMC) regulatory four government contracts awarded to improve mobile arrangement, which specifies requirements for phone coverage in selected regional towns and key suppliers of electrical and electronic equipment so highways across Australia. In its assessment of the as to limit unintended radiation; and Vodafone and Telstra performance reports, ACMA has • the electromagnetic radiation (EMR) regulatory noted overall compliance with the terms of the arrangement, which addresses the possible adverse agreements. health effects from exposure to EMR without Ongoing monitoring activities included: unnecessarily compromising the benefits that • quarterly monitoring of call drop-out and congestion radiocommunications technologies bring to modern performance of the Vodafone GSM mobile phone living. network constructed along 16 major highways in the During 2005–06, ACMA introduced a process intended to Australian Capital Territory, New South Wales, minimise the impact of the regulatory arrangements on Queensland, South Australia, Tasmania and suppliers of equipment brought into Australia solely for Victoria; and special events such as the 2006 Commonwealth Games • quality of service monitoring of Telstra’s in Melbourne. The arrangement introduces exemptions to performance under three contracts to provide the telecommunications and radiocommunications improved mobile phone coverage in selected small regulatory arrangements, while still requiring event towns and segments of regional highways. organisers and equipment importers to meet safety and fundamental operational parameters. These are managed through alternative arrangements with carriers and

ACMA ANNUAL REPORT 2005–06 27 ACMA interference investigation staff. The major effect (manufacturers, importers and the agents of of the exemption is to remove testing and labelling manufacturers and importers) of equipment covered by requirements for importers of telecommunications and the respective compliance regimes. Each notice is radiocommunications equipment, given it is only amended from time to time so that regulatory expected to be in Australia for a short time. An requirements remain relevant and contemporary. ‘importer’ in the context of the exemption is an event Amendments to the labelling notices also serve to give official or organiser, media broadcaster or competitor, regulatory effect to new or revised technical standards as and not someone whose business it is to import this they are put forward by industry. Before inclusion in the equipment on a daily basis for supply. regulatory requirements, each submitted standard is A ‘significant event’ is an event that is determined by the assessed against the ACMA heads of power under the Chair of ACMA and is listed on the ACMA website. Telecommunications Act or the Radiocommunications Factors that may be considered by the Chair in Act to confirm that the standard is suitable for regulatory determining whether an event is a ‘significant event’ adoption. include: The EMC labelling notice is the legislative instrument • whether it is a public event of state or national that underpins the EMC regulatory arrangement. The significance; labelling notice is currently under review and is being revised in consultation with industry to give the • the duration of the event; instruments the same ‘look and feel’ as the instruments • whether the event has an international contingent or used in the Telecommunications Regulatory a significant international media presence; Arrangement. Given that the regulatory arrangements • whether the event is held at a limited number of often overlap with each other—for example, more than identifiable places within Australia; one arrangement can apply to a device—it is expected that the revision of the labelling notice will be of • if the event involves the use of telecommunications significant benefit to industry. The review of the labelling or radiocommunications equipment that is subject to notice is expected to be completed in late 2006. ACMA regulatory arrangements; and TECHNOLOGY STUDIES • if suitable risk mitigation strategies are in place to avoid any possible interference or non-compliance ACMA has a proactive focus on technology issues. developments affecting consumers and industry. In The significant events arrangement applies to specified 2005–06, ACMA undertook studies into peer-to-peer equipment subject to the Telecommunications Regulatory networks and applications, home content distribution and Arrangement, the Radiocommunications Regulatory VoIP. Activities have included the evaluation of Arrangement and to certain telecommunications cabling commercially available products, in addition to the installed at specified event venues. examination of industry developments. ACMA undertakes this research to inform itself of what is TECHNICAL STANDARDS commercially available and to understand the consumer ACMA conducts a supplier auditing program to ascertain perspective. This research is part of the input to product compliance with the standards regulatory providing relevant consumer information, as well as arrangements. This auditing program focuses on developing effective policy and input to standards setting. establishing compliance with labelling and record- VOIP technology evaluation keeping requirements. VoIP services are being increasingly deployed in In 2005–06, ACMA staff conducted 1,300 audits of Australia. During the year, ACMA conducted internal suppliers and radiocommunications licensees for research to evaluate the quality of VoIP products compliance with the standards regulatory requirements. marketed for use with consumer broadband data services. Of these audits, 604 revealed a failure to meet the It also looked at ease of set-up and use from a technical standards regulations, with 150 advice and 67 consumer’s perspective. The knowledge and experience warning notices issued. Most of these failures were obtained from this research assists ACMA in the related to record-keeping requirements. ACMA is implementation of the recommendations arising from the refocusing its compliance resources in the coming year to DCITA report Examination of Policy and Regulation address non-compliance in this area. Relating to Voice over Internet Protocol (VOIP) Services. COMPLIANCE AND LABELLING Peer-to-peer networks ACMA satisfies its legislative obligations by mandating The use of peer-to-peer networks by individuals certain industry-developed standards and imposing contributes an increasing proportion of total internet compliance requirements for equipment subject to the traffic, mostly from file-sharing of digital content, such regulatory arrangements. ACMA specifies the as movies, games and music. This growing phenomenon requirements of the regulatory arrangements in labelling affects all converging industries, from internet service notices, which exist under each of the above regulatory providers to broadcasters and content providers. ACMA arrangements. studied the technical characteristics of different peer-to- Labelling notices make compliance with technical peer protocols, future trends in these protocols, and standards a mandatory requirement for suppliers surrounding issues such as traffic management, content

28 ACMA ANNUAL REPORT 2005–06 Jim Karamalakis explains the equipment in the radiocommunications laboratory in ACMA's Melbourne Office to the Minister for Communications, Information Technology and the Arts, Senator Coonan.

piracy, and the potential commercial applications of peer- significant event. As a part of this amendment process, to-peer technology. The knowledge obtained from this similar amendments specifically introduced for the 2000 research assists ACMA’s understanding of the capabilities Olympic Games in Sydney were revoked. and features of the underlying IP-based architecture of During 2005–06, the Standards Australia next generation networks. Radiocommunications Committees (RC4 and RC6) Home content distribution revised or amended the following standards: Consumers are increasingly seeking to move or share • AS/NZS 4768.1:2003 (Requirements) Digital radio content quickly and easily between computers, portable equipment operating in land mobile and fixed devices and television equipment. ACMA undertook an services bands—the revision added an alternative internal study that considered the types of connection path to approval based on a modified European ETS standards and technology available to consumers to 300 113–1 standard requirement; interconnect devices. Other relevant issues included • AS/NZS 4295:2004 Analogue speech (angle home network models being developed by industry, modulated) equipment operating in land mobile and future content sources which content providers are fixed services bands—the amendment added an considering, and digital rights management of content. alternative path to approval based on a modified RADIOCOMMUNICATIONS STANDARDS European ETS 300 086 standard requirements; Regulatory arrangement • AS/NZS 4281:1995 Cordless telephones 1.7MHz and 30 to 40MHz bands—changes in the revision ACMA supports industry in developing technical related mainly to updating references; standards for radiocommunications equipment. These standards specify minimum performance parameters for • AS/NZS 4355:1995 Handphone and CBRS equipment to contain interference to equipment at frequencies not exceeding 30MHz— radiocommunications services and address relevant the revision introduced testing relaxations to the health and safety issues. ACMA carries out this work in transmitter power tests; and close cooperation with Standards Australia. • AS 4367:1996 Radiocommunications equipment As mentioned under Technical regulation in this used in the inshore boating radio services band— chapter, the amendments to the ACMA the revision introduced testing relaxations to the radiocommunications standards introduced this year transmitter power tests. included a ‘significant events’ clause for each standard. Consequential changes will be required to current ACMA This amendment removes the requirement for mandatory radiocommunications standards and the labelling of equipment brought into the country for use at radiocommunications labelling notice to make these the locations and during the running periods of a AS/NZS standards mandatory.

ACMA ANNUAL REPORT 2005–06 29 Electromagnetic compatibility regulatory facilities comply with the regulatory arrangements. arrangements Significant penalties apply for breaches of the EMR As part of its role as the regulator of the arrangements. For certain transmitter types, a compliance radiocommunications sector, ACMA manages the EMC report must be obtained for auditing by ACMA. regulatory arrangements. The purpose of the Radiocommunications facilities are also inspected for arrangements is to minimise electromagnetic emissions compliance. from electrical and electronic devices that could disrupt The EMR regime also includes the Industry Code ACIF radiocommunications services. C564:2004 Deployment of Mobile Phone Network The arrangements are harmonised with those of New Infrastructure, which has been registered by ACMA. Zealand under the Trans-Tasman Mutual Recognition Broadband over power line communications Agreement, facilitating trade between the two economies Broadband power line communications (BPL) of goods covered by the regulatory arrangements. technologies are emerging as a possible network The key elements of the current EMC arrangements are: management tool for electricity providers, an alternative • similar definitions and processes used by the ‘last mile’ delivery system for broadband technologies European Union; and as an in-building distribution system for broadband data. • recognition of more than a hundred suitable product-specific and product family standards; As BPL has the potential to be a source of interference to radiocommunications users, ACMA is working with • voluntary labelling requirements for low-risk industry bodies, organisations deploying BPL devices; technologies and bodies representing persons likely to be • ACMA support for an industry code of practice for affected by these deployments to identify acceptable industrial electrical equipment; emission levels and develop effective interference • requirements for EMC information material to be mitigation strategies. ACMA is also working with provided with products to assist with product electricity providers who are providing carriage services installation and use, where installation practices or over the electrical infrastructure to confirm these certain modes of use may affect the electromagnetic providers are aware of their responsibilities as a carrier or performance of the supplied devices; and CSP. • coverage of all AC-powered products, including Several organisations have deployed limited BPL trials three-phase equipment and products first supplied to with some proposing to move to commercial rollouts if the Australian market. the technology proves viable. Constant changes in the It is the responsibility of suppliers (manufacturers, type and capabilities of BPL technology, combined with importers and the agents of manufacturers and importers) the sharp learning curve associated with the introduction to demonstrate that devices meet relevant standards and of a new technology, are having an impact on its are appropriately labelled with a compliance label before deployment. those products are supplied to the Australian market. In accordance with its aim of relying on industry Electromagnetic radiation regulatory responsibility while ensuring that community social arrangements objectives are met, ACMA is conducting discussions with several industry and community groups as part of its In February 1999, the ACA introduced regulatory consideration of an appropriate regulatory approach. arrangements to limit exposure to radiofrequency EMR Recent discussions, including wide community from mobile phone handsets and base stations. On consultation, relate to the development of appropriate 1 March 2003, the EMR arrangements were expanded to industry codes and technical standards for BPL cover a wide range of portable equipment, including deployments. hand-held radiotransmitters, such as those used in marine, citizen band and land mobile applications, as Through Standards Australia, ACMA is also contributing well as radicommunications installations such as to the development of technical standards that specify broadcast towers and amateur radio stations. emission limits for deployed BPL systems. ACMA will monitor the standards development process and these The regulations made it mandatory to comply with the standards may prove suitable for use in any regulatory EMR limits set out in a standard developed by the arrangement for BPL. Australian Radiation Protection and Nuclear Safety Radiocommunications interference Agency, which is responsible for providing advice about radiation matters. These regulations address possible management adverse health effects without unnecessarily A failure to comply with technical standards or compromising the benefits that radiocommunications transmitter licence conditions may potentially result in technologies bring to modern living. interference to radiocommunications. In the reporting All manufacturers and importers of portable equipment period, ACMA responded to 905 cases of interference to must now have their products assessed against the EMR radiocommunications services and 581 cases of human exposure standard, and licensees of interference to domestic radio and television broadcast radiocommunications transmitters must confirm that their reception. There were 160 notices issued for knowingly

30 ACMA ANNUAL REPORT 2005–06 causing interference to radiocommunications (see also Cabling compliance under Compliance investigations in this chapter). During 2005–06, ACMA undertook a range of activities ACMA technical staff assisted in the resolution of 319 to improve the level of cabling compliance. These instances of interference to Australian mobile included: telecommunications networks. ACMA issued three • implementing ACMA’s cabling inspection and audit infringement notices after reported instances of programs; interference to these networks. • encouraging cabling businesses to sign up to the Most domestic broadcast interference was resolved by Cabling Requirements for Business Code; the householder using the information in ACMA’s self- • promoting awareness and reviewing the help book Better Radio and Television Reception or appropriateness of the CPRs; advice from ACMA technical staff. • encouraging industry self-assessment of cabling Complaints of interference also resulted in ACMA staff work; and responding to 63 cases involving interference to public protection radio services, including interference to • supporting industry in developing a code to regulate emergency services radio networks and air traffic the delivery of skills maintenance programs to communications. ACMA also investigated 43 cablers. inappropriately activated emergency position indicating ACMA monitors cabling compliance through a radio beacons. contracted audit program which involved auditing 250 CABLING REGULATION cabling jobs throughout Australia. ACMA also conducted investigations and inspections arising from complaints ACMA’s responsibility for the regulation of customer received about non-compliant cabling work. The results cabling includes: of ACMA’s monitoring activity in 2005–06 indicated that • overseeing the management of the industry- about 81 per cent of all assessed jobs complied with the managed cabling registration scheme; CPRs. This compares favourably with 71 per cent • monitoring and enforcing compliance with cabling recorded in 2004–05, and 64 per cent in 2003–04. The regulatory requirements; three major areas of non-compliance were: • supporting greater cabling industry self-regulation; • non-certification of the cabling work completed (46 and per cent of violations); • promoting consumer awareness and understanding • communications cabling inadequately separated of regulatory arrangements of customer cabling. from electrical cabling (14 per cent of violations); Cabling registration scheme and • inadequate securing of cables (10 per cent of The current cabling registration scheme is based on the violations). industry-managed cabling provider rules (CPRs), introduced in October 2000 to replace the former ACA During the reporting period, ACMA’s compliance work cabler licensing scheme. The last ACA cabling licence resulted in the issuing of six notifications of non- expired on 2 October 2005, completing the transition to compliant cabling, seven advice notices and 16 formal the registration scheme. All cablers must now be warnings. No penalties were issued nor prosecutions registered with any of the five ACMA-accredited undertaken. registrars to continue to perform customer cabling work. Building design industry awareness survey There are now 56,195 cablers registered under the In 2005–06, ACMA conducted an awareness campaign scheme. targeting the building design industry. This campaign There are three types of registration available—open, arose from a study commissioned by ACMA which restricted and lift. New applicants entering the cabling indicated that most building designers were unaware of industry must demonstrate that they meet ACMA’s the applicable telecommunications cabling regulations competency requirements, which address health, safety when designing and constructing buildings. For example, and network integrity issues. Usually, this involves there is often no allowance in building designs for undertaking accredited training at a registered training telecommunications cabling to be installed with adequate organisation. Recognition of prior learning provisions separation from electrical cabling, thereby creating a allow for pre-existing or overseas skills and potential safety hazard. qualifications to be examined by an accredited assessor. ACMA has placed articles and advertisements promoting ACMA works closely with registrars to improve awareness of relevant telecommunications cabling reporting arrangements and monitor service delivery regulations in key industry publications for architects, levels across the industry through quarterly meetings of draftsmen and building engineers (communications/ its Registrars’ Coordinating Committee. ACMA also electrical). A follow-up survey indicated that more work meets quarterly with the ACIF Cabling Advisory Group needs to be done to address the unacceptably low levels on technical issues and related cabling policy. This group of awareness of cabling regulation in the building design is chaired by ACIF and comprises a wide range of industry. ACMA will continue this information campaign representatives from the cabling industry. next year.

ACMA ANNUAL REPORT 2005–06 31 Cabling regulation consumer awareness covering northern branches of the Australia Japan campaign Cable and Southern Cross Cable; and Over the year, ACMA promoted consumer awareness of • the Southern Protection Zone extending from cabling regulations and their application to consumers Tamarama and Clovelly beaches to 30 nautical through an awareness campaign encouraging consumers miles offshore covering the southern branches of the to ‘Play it safe—only use a registered cabler’. This Australia Japan Cable and Southern Cross Cable. message was promoted through: There will be extensive consultation with all stakeholders • the distribution of an information brochure through before ACMA declares protection zones, including commercial outlets, cabling contractors and mandatory consultation with the Environment Secretary registrars; and an advisory committee established in June 2006. • advertising in the Australian House and Garden TELECOMMUNICATIONS INFRASTRUCTURE magazine; and REGULATION • the production and distribution of a bumper sticker ACMA encourages industry to develop appropriate for registered cabling providers to supplement their technical standards for customer equipment and customer on-vehicle advertising. cabling. Development of these standards includes Review of cabling provider rules updating previously issued technical standards, as well as introducing technical standards to cater for customer In December 2005, ACMA approved changes to the equipment associated with new technologies. ACIF CPRs to establish a practical and achievable compliance undertakes this work in an open and consultative process. regime for the termination of cabling in building control services equipment. These changes also tightened the During 2005–06, ACMA received several submissions certification requirements for registered cablers from ACIF for the replacement of technical standards. supervising unregistered cablers and exempted certain The Telecommunications Labelling (Customer Equipment types of minor cabling work from the obligation to be and Customer Cabling) Notice 2001 was amended twice certified. The responsibilities of registered cablers in the reporting year to incorporate the standards. The supervising unregistered cablers were also made clearer. first amendment took effect in April 2006 and the second amendment occurred in June 2006. Through these The changes to the CPRs followed wide-ranging industry amendments the following industry standards became consultation and are designed to reflect current industry applicable technical standards: practice and regulatory experience, as well as to improve the operation of the rules. • AS/NZS 60950:2000 Safety of information SUBMARINE CABLE PROTECTION technology equipment (Incorporating Amendment No 1); In August 2005, the government added Schedule 3A to • AS/NZS 60950.1:2003 Information technology the Telecommunications Act 1997 to create a regulatory equipment – Safety Part 1: General requirements; scheme enabling ACMA to set protection zones over submarine telecommunications cables of national • AS/ACIF S002:2005 Analogue interworking and significance, impose increased penalties for damaging non-interference requirements for Customer these cables and establish a permit regime for the Equipment for Connection to the Public Switched installation of new cables. Telephone Network; Submarine telecommunications cables carry around 99 • AS/ACIF S041:2005 Requirements for DSL per cent of Australia’s international voice and data traffic, Customer Equipment for connection to the Public and are worth more than A$5 billion a year to the Switched Telephone Network; economy. The importance of these cables to Australia’s • AS/ACIF S042.3:2005 Requirements for Connection economic and social interests is increasing rapidly— to an air interface of a Telecommunications Australia’s use of international bandwidth grew by 69 per Network – Part 3:GSM Customer Equipment; cent in the past year. • AS/ACIF S042.1:2006 Requirements for Connection ACMA released arrangements governing the installation to an air interface of a Telecommunications of new submarine cables (outside protection zones and Network – Part 1: General; and outside coastal waters) in May 2006. To date, no • AS/ACIF S008:2006 Requirements for authorised applications to install submarine cables have been cabling products. received by ACMA. ACMA works closely with ACIF in developing and Proposals for two protection zones in New South Wales reviewing technical standards and contributes to ACIF are currently being developed by ACMA. Once deliberations on which standards are to be revised protection zones have been declared, activities that could through its involvement in the ACIF Customer damage cables within those zones will be prohibited or Equipment and Cabling Reference Panel. During restricted and subject to heavy criminal penalties. 2005–06, ACMA was involved with the following The two zones under consideration are: activities: • the Northern Protection Zone extending from • finalisation of development of a new standard for Narrabeen beach to 40 nautical miles offshore GSM mobile phones, AS/ACIF S042.3:2005

32 ACMA ANNUAL REPORT 2005–06 Requirements for connection to an air interface of a ACMA promotes a common understanding and Telecommunications Network Part 3: GSM interpretation of the requirements of the code through Customer Equipment, to replace the current feedback to individual carriers and regular operational technical standard ACA TS 018–1997; practice meetings. • finalisation of the review of AS/ACIF S042.1:1999 Access code Requirements for connection to an air interface of a Part 5 of Schedule 1 of the Telecommunications Act 1997 Telecommunications Network Part 1: General—the requires carriers to provide other carriers with access to 2006 version of this standard is applicable to all telecommunications transmission towers, sites of towers mobile phones and clarifies emergency services and eligible underground facilities in specified access requirements and aligns acoustic safety circumstances, unless ACMA has issued a written requirements with fixed-line phones; certificate to the carrier stating that access is not • finalisation of the review of AS/ACIF S002:2001 technically feasible. Clause 37 of Schedule 1 to the Act Analogue interworking and non-interference permits the ACCC to make a code that sets out the requirements for Customer Equipment for conditions to be complied with in providing access under connection to the Public Switched Telephone Part 5 of Schedule 1. Network, which has moved requirements for xDSL The ACCC developed the Code of Access to devices into a new standard, AS/ACIF S041:2005 Telecommunications Transmission Towers, Sites of Requirements for DSL Customer Equipment for Towers and Underground Facilities, which came into connection to the Public Switched Telephone operation on 13 October 1999. Compliance with the code Network; is monitored and enforced by ACMA. • a review of the requirements of AS/ACIF S004:2004 In 2005–06, ACMA received one enquiry from a carrier Voice frequency performance requirements for under the facilities access code and one complaint from a Customer Equipment, to include all technologies carrier about another carrier not providing general that are used to provide speech and acoustic information about the type and location of any eligible functions in customer equipment capable of facilities in requested postcode areas. The complaint was accessing the public switched telephone network withdrawn after the complainant received the requested (PSTN); information. • a review of the requirements of AS/ACIF S003:2005 Customer Access Equipment for connection to a National interest issues Telecommunications Network, to include all technologies that are used to provide multi-line or distributed connectivity with the PSTN; Agencies involved in the defence or national security of • a review of the requirements applicable to DECT, Australia, law enforcement and provision of emergency CT2 and PHS cordless customer equipment; services (collectively referred to as defence and emergency services) have extensive and unique spectrum • finalisation of the review of AS/ACIF S008:2001 requirements. Consequently, the operational requirements Requirements for authorised cabling products—the of these organisations are recognisably different from 2006 version of the standard clarifies requirements other spectrum users. ACMA recognises the importance for telecommunications, security, fire and data of effective regulations for law enforcement matters and cabling; and management of the emergency call service. The • finalisation of the review of AS/ACIF S009:2001 performance and adherence of the telecommunications Installation requirements for customer cabling industry to the requirements are monitored, accessed and (Wiring Rules)—the 2006 version of the standard evaluated, and an extensive, ongoing relationship exists provides additional information to clarify between ACMA and these agencies, which includes requirements. regular liaison on specific complex issues. Deployment of mobile phone network LAW ENFORCEMENT LIAISON infrastructure code ACMA convened its Law Enforcement Advisory The Industry Code ACIF C564:2004 Deployment of Committee (LEAC) to assist the Authority to meet its Mobile Phone Network Infrastructure, registered in April legislative obligation to assist law enforcement and 2005, requires a carrier to use a precautionary approach national security agencies, and to see that carriers and in planning and siting communications facilities. It is CSPs comply with their obligations to assist the agencies. designed to improve consultation by carriers when they It also liaised directly with agency and industry are planning and installing new facilities such as mobile stakeholders on telecommunications issues relating to phone towers. law enforcement. LEAC advised ACMA on During the year, ACMA received 27 complaints and 61 telecommunications issues relating to criminal law enquiries related to the code. An estimated 3,639 enforcement or safeguarding national security, and consultations were performed under the code during this provided a forum for law enforcement agencies and period. carriers to meet and resolve issues of common interest. LEAC met four times during the reporting period.

ACMA ANNUAL REPORT 2005–06 33 EMERGENCY CALL SERVICE MANAGEMENT delivery of the emergency call service. Formally The emergency call service is an operator-assisted service constituted in May 2006, the committee has been that connects callers to emergency service organisations renamed the Emergency Call Service Advisory (police, fire brigade or ambulance service) in a life- Committee, to reflect ACMA’s focus on its primary threatening or time-critical situation. The primary statutory functions under the Telecommunications emergency call service number is 000, which can be (Emergency Call Service) Determination 2002. Its first dialled from any fixed or mobile phone. There are also meeting will be held in the next financial year. two secondary emergency call service numbers—112, Reducing the volume of non-emergency calls which can be dialled from all Australian mobile phones, A key aim of ESAC is the reduction in the volume of and 106, which connects to the text-based emergency call calls to the emergency call services that are not related to service for users with a hearing or speech impairment. an emergency. Calls that do not relate to a life- Two organisations currently provide emergency call threatening or time-critical situation, or do not require an services—Telstra provides a national service for the emergency response from the police, fire brigade or numbers 000 and 112, while the Australian ambulance service, are not regarded as emergency calls. Communication Exchange provides the text-based They include deliberate nuisance calls, calls for service on the number 106. assistance that are not time-critical, calls to services that ACMA administers the legislation underpinning are not accessible through the emergency call service, for emergency call services and monitors the performance of example a state emergency service, accidental misdials services. This work was assisted by the advice received and automatically generated calls from incorrectly from ACMA’s Emergency Services Advisory Committee, programmed fax machines or modems. which met three times during 2005–06. Based on representations from ESAC, ACMA also Review of the Emergency Services Advisory considered measures to reduce the number of nuisance Committee calls to the emergency call service from GSM mobile handsets that have had the subscriber identity module ACMA regulates and monitors the emergency call service (SIM) removed. ACMA decided not to proceed with to support its effective delivery. As part of a general further trial measures until it received whole-of- review of its advisory processes, ACMA finalised its government views from each state and territory review of the Emergency Services Advisory Committee government on the proposal to block emergency calls (ESAC) in February 2006. The review found that from SIM-less mobile phones. Not all responses had been maintenance of an advisory committee with received by the end of the reporting period, but ACMA representation from industry, emergency service had undertaken to review the data on these calls, in organisations and government is a necessary and consultation with stakeholders, and finalise its position. effective vehicle through which issues relating to the monitoring and improvement of the emergency call Legislative amendment service are presented to ACMA. ACMA is currently drafting amendments to the During 2005–06, there were 320,000 more non- Telecommunications (Emergency Call Service) emergency calls to 000 and 112 than in the previous Determination 2002 to reflect the recommendations of corresponding period. However, this is likely to have the government’s report, Examination of Policy and been as a result of the overall increase in calls to 000 and Regulation Relating to Voice over Internet Protocol 112 by 700,000 in the reporting period. (VoIP) Services, that relate to the obligations on providers of VoIP services to provide access to 000 and 106 In 2005–06, 74 per cent of mobile phone calls to 000 and emergency numbers. ACMA expects to seek approval for 112 were non-emergency calls and not connected to an the amendments in the next reporting period. emergency service organisation (ESO). In comparison, a significantly lower portion of calls from fixed telephones Under the determination, ACMA is also examining the (36 per cent) were not connected to an ESO. This obligations on VoIP providers to provide mobile demonstrates that fixed services are a significantly more originating location information in the form of important source of emergency calls to emergency standardised mobile service area codes. services than mobile services. FIXED CELLULAR TERMINALS Despite an approximate increase of 10 per cent in Operators of fixed cellular terminals who supply services 2005–06 in the number of calls to 000 and 112, the to the public were investigated by ACMA about proportion of calls connected to an ESO decreased from compliance with their CSP obligations. ACMA released a 59 per cent in 2001–02 to 39 per cent in 2005–06. The discussion paper on the subject in May 2005, with further number of non-emergency calls from fixed services has analysis of this issue undertaken by a LEAC working decreased by approximately one third, while the quantity group in 2005–06. The working group has closely of such calls from mobile phones has almost doubled. considered the regulatory obligations of operators of Some changes to the membership and terms of reference fixed cellular terminals and a compliance strategy will be were approved by the Authority to focus the activity of developed for consideration in early 2006–07. the committee on ACMA’s key statutory responsibility of

34 ACMA ANNUAL REPORT 2005–06 COLLECTION OF PRE-PAID MOBILE PHONE generation of new IPND data errors and measure USER INFORMATION improvement in the accuracy of the IPND. A further In March 2006, ACMA released a discussion paper ‘snapshot’ and audit of the IPND are proposed for entitled Improving Identity Check Processes for Pre-paid 2006–07. Mobile Services, which included ACMA’s proposals for amending the Telecommunications (Service Provider – International matters Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000. The discussion paper sought the views of stakeholders in Understanding the implications of global response to ACMA’s proposals. communications trends and developments helps foster an effective regulatory environment. Consistent with its ACMA received 24 written submissions in response to revised approach to international activities, ACMA has the proposals in the discussion paper from a wide range engaged with key regional and international stakeholders of sources, including industry, law enforcement agencies to ensure that Australian industry and consumers can and pro-privacy organisations. ACMA commenced benefit from the ever-increasing range of consideration of the submissions and further communications products and services. consultations with respondents, taking into account their differing interests. This issue will be pursued in the next In consultation with DCITA, ACMA also provides year as a priority, looking at both short and long-term technical expertise and regulatory input to the strategies to improve the current identity information development or maintenance of broader government collection and verification regime. objectives. In 2005–06, ACMA again convened its International Training Program to assist developing DISCLOSURE OF CUSTOMER INFORMATION economies through exposure to ACMA’s experience in Customer information provided to telecommunications managing its regulatory responsibilities. The program carriers and CSPs is protected under Part 13 of the was rated highly by participants, with applications Telecommunications Act. Carriers and CSPs are exceeding capacity. prohibited from disclosing that information to other In addition to the legislative requirement to manage parties except in certain limited and restricted Australian input to the setting of international standards circumstances. Those circumstances generally relate to: for telecommunications and radiocommunications, • assisting in investigations by law enforcement or ACMA focused its international engagement in the national security agencies, ACMA, the ACCC or the following key strategic areas, which are discussed in TIO; detail below: • where there is an imminent threat to a person’s life • online content and child protection; or health; or • anti-spam initiatives; • satisfying the business needs of other carriers and • increasing harmonisation of spectrum usage; and CSPs. • promoting end-user involvement and accessibility in ACMA is required under clause 57(2)(g) of the the development of international standards. Australian Communications and Media Authority Act 2005 to include in its annual report the number of In its first year as a converged regulator, ACMA focused disclosures of customer information made during the on developing more direct relationships with its reporting year. The number and type of disclosures made counterpart organisations around the world, as well as during 2005–06, as reported to ACMA under section 308 strengthening bilateral relationships with regional of the Telecommunications Act, are provided at authorities and standards development bodies. This direct Appendix 12. relationship-building with other converged regulators enables ACMA to learn from international experience INTERCEPTION CAPABILITY PLAN and will ensure that ACMA is well placed to meet the COMPLIANCE regulatory challenges of a converging communications Under section 330 of the Telecommunications Act, environment. carriers and CSPs must lodge an interception capability INTERNATIONAL RADIOCOMMUNICATIONS plan with ACMA each year. While compliance with this ADVISORY COMMITTEE obligation was generally high in 2005–06, ACMA issued three formal warnings to non-compliant carriers. This The International Radiocommunications Advisory resulted in one carrier subsequently lodging its plan and Committee (IRAC) is convened by ACMA to advise on the surrendering of carrier licences by two carriers. international radiocommunications issues. While its activities are generally confined to higher-level matters INTEGRATED PUBLIC NUMBER DATABASE (including advice to ACMA on issues of national interest ACMA’s three-year Integrated Public Number Database and policy significance), IRAC also reviews finalised (IPND) audit program continued in the reporting period, briefs for treaty-level radiocommunications conferences largely involving data cleansing of historical errors such as the World Radiocommunication Conference (see through liaison with relevant CSPs. The audits aim to below). It also advises ACMA on strategies for eliminate existing errors in the IPND, minimise promoting Australian proposals for these conferences.

ACMA ANNUAL REPORT 2005–06 35 RADIOCOMMUNICATION ADVISORY GROUP Radiocommunication Sector (ITU-R) World ACMA represented Australia at the 12th Radiocommunication Conference in 2007 (WRC-07). Radiocommunication Advisory Group (RAG) meeting in These conferences are held every three to four years to Switzerland, from 31 October to 4 November 2005. This review and amend ITU Radio Regulations. This year, group reviews the priorities, programs, operations, ACMA focused on work assigned to study groups by the financial matters and strategies related to ITU-R study last ITU-R Radiocommunication Assembly held in 2003 groups. It also advises the Radiocommunication Bureau and development of Conference Preparatory Meeting of the ITU and, through the Director, the (CPM) text leading to WRC-07. Radiocommunication Assembly on the more difficult ACMA participated at national, regional and international management issues faced by the ITU-R. At this meeting, meetings to prepare for WRC-07. Australia was Australia presented its spectrum management framework represented by two delegates—one from industry and one for the future. from ACMA—at the ITU-R working party of the Special Australia was also represented at the third of five Committee on Regulatory and Procedural Matters from meetings of the Asia–Pacific Telecommunity, to prepare 30 November to 5 December 2005 in Switzerland. This for the World Radiocommunication Conference in 2007. meeting provided preliminary views on specific WRC-07 The Australian delegation, led by the ACMA agenda items as draft elements for the ITU-R CPM representative, comprised 16 Australian delegates from Report in 2007. These views form the basis for government and industry organisations. At this meeting, continuing preparatory work within Australia. Australia was successful in lobbying the region to adopt TELECOMMUNICATIONS STANDARDIZATION harmonised views generally consistent with the ADVISORY GROUP Australian positions. The meeting was held in Operating on a nine-month cycle, the conjunction with the Asia–Pacific Wireless Forum in Telecommunications Standardization Advisory Group Malaysia from 13 to 18 February 2006, which focused on (TSAG) met twice—from 7 to 11 November 2005 and preparing material relating to wireless communications from 3 to 7 July 2006. New areas of work were added to systems in the Asia–Pacific region. the TSAG working program, including networked RFID, ITU-R study groups develop technical recommendations IPTV and home networking, reflecting the converging and operational procedures for radiocommunications communications environment. As chair of the Australian services. They also compile handbooks on spectrum delegation to TSAG, identifying opportunities to enhance management and emerging radiocommunications services TSAG’s effectiveness remains a priority for ACMA. to promote efficient and effective worldwide spectrum ITU-T STUDY GROUPS use. Much of this work contributes directly to WRC preparations, leading to the consolidation of the outputs In managing Australia’s input into the setting of to be included in a report to be prepared by the international standards for telecommunications, ACMA Conference Preparatory Meeting in 2007. convened Australian National Study Groups. Drawing on the expertise of the Australian industry, Australia Australian participation in the ITU-R study groups is contributed particularly strongly in the areas of facilitated through IRAC and the Australian numbering, naming, routing and addressing, and next Radiocommunications Study Groups. ACMA coordinates generation networks. the work of the study groups in developing inputs to the ITU-R study group process. Industry and government REGIONAL TELECOMMUNICATIONS stakeholder involvement is encouraged to see that ACTIVITIES AND RELATIONSHIPS recommendations, operational procedures and handbooks ACMA identified strengthening Australia’s influence developed by the ITU take account of Australian national within the region as a priority over the reporting period. interests. Some 135 Australian delegates participated in In addition to providing a staff member on secondment to 58 ITU-R study group or subordinate meetings during the the Asia–Pacific Telecommunity ACMA promoted end- reporting period, where 67 Australian contributions were user participation in standards development and presented. accessibility and usability of telecommunications The recommendations developed by ITU-R study groups products and services in the Asia–Pacific Standardization are an important element of global communication Program (ASTAP) and the Global Standardization standardisation, which has a direct bearing on Australian Collaboration (GSC). industry and spectrum usage. Australia remains As part of the Australian delegation, ACMA participated influential and active in seeking harmonised ITU-R in the Asia–Pacific Economic Cooperation arrangements, contributing through the ITU-R study Telecommunications and Information Working Group groups, including through the chairmanship of ITU-R (APECTEL). APECTEL met twice during the reporting Study Group 3 (Radiowave Propagation) and ITU-R period and provides a focus for cooperation in the region working parties. on market liberalisation, skills development, business INTERNATIONAL TELECOMMUNICATION facilitation, and technical and economic development in UNION telecommunications and information technology. Within APECTEL, ACMA has made a significant contribution to The past year saw continuing preparation for the the promotion of mutual recognition arrangements for International Telecommunication Union technical standards.

36 ACMA ANNUAL REPORT 2005–06 ACMA welcomes overseas guests to its International Training Program, which offers a forum for sharing spectrum planning concepts, principles and techniques.

INTERNET SAFETY OTHER INTERNATIONAL ACTIVITIES ACMA promoted Australia’s internet safety activities ACMA also participates in the Comité International during the reporting period, including making Spécial des Perturbations Radioelectriques, the presentations at the Oxford Internet Institute conference international special committee on radio interference. on Safety and Security in a Networked World in Formed in 1934, membership of this committee is drawn September 2005 (addressing the topic of fixed and from national committees of the International mobile internet content regulation) and at the Electrotechnical Commissions and other international Asia–Pacific International Conference on Internet Safety organisations interested in the reduction of radio in Korea in November 2005 (focusing on cooperative interference. strategies for effective online regulation). Spectrum planning concepts, principles and techniques In September 2005, ACMA met to discuss current were shared again this year with overseas visitors, regulatory issues with relevant internet primarily from developing countries, through the ACMA and mobile bodies, including the Independent Committee annual International Training Program. In addition, for the Supervision of Standards of the Telephone discussions took place during the year with delegations Information Services, the mobile network operator from regional countries, each of which is responsible for Vodafone (United Kingdom) and child protection agency spectrum reform and planning issues. ChildNet International. These meetings explored opportunities for collaborative initiatives on child safety in the mobile environment. In February 2006, ACMA also met with members of the United Kingdom’s Home Office task force on child protection on the internet. INHOPE The Association of Internet Hotline Providers (INHOPE) is partly funded by the European Commission under the hotline component of its Safer Internet Action Plan. INHOPE member hotlines deal with complaints about illegal internet content, mainly child pornography. ACMA (and the former ABA) has operated an accredited INHOPE hotline since September 2000 and was represented at members’ meetings in Dublin in February 2006 and Luxembourg in June 2006. These meetings provide a valuable forum for exchanging information and expertise on investigation techniques, hotline promotion, staff welfare and hotline management issues.

ACMA ANNUAL REPORT 2005–06 37 38 ACMA ANNUAL REPORT 2005–06

Codes and consumer information 3 ACMA will contribute to meeting the communications products and services needs of the Australian community by enabling an R effective information, standards and safeguards regime. E ACMA’s effectiveness indicators include: T P • To ensure the community is well informed about communications matters A • To deliver effective consumer protection to consumers as H required by legislation C • To ensure effective universal service provision and that monitoring, costing and payment arrangements for the universal service obligation and National Relay Service are effective • Community and consumer satisfaction level of awareness and satisfaction with regulatory mechanisms to be gauged by research into community attitudes Codes of practice community safeguards for the matters covered, if it was endorsed by a majority of providers of broadcasting services in that section of the industry, and if members of INDUSTRY CODES the public have been given an adequate opportunity to Telecommunications industry codes comment. Telecommunications industry codes can be developed by Codes developed by Australia’s national broadcasters— industry bodies on any matter that relates to a the ABC and SBS—are notified to ACMA, but are not telecommunications or e-marketing activity. Codes can registered. be presented by industry bodies to ACMA for No commercial broadcasting codes were registered by registration. If ACMA is satisfied that the code meets the ACMA in 2005–06. criteria stipulated in Part 6 of the Telecommunications CONSUMER CODES Act 1997, it is obliged to include the code on its register of industry codes and industry standards. Credit management Telecommunications industry code development, review The revised Industry Code ACIF C541:2006 Credit and registration during the reporting year are listed Management contains credit control tools to help protect below. Industry compliance with these codes will be consumers against unexpected high bills. It also discussed in ACMA’s Communications Review for introduces financial hardship programs that are designed 2005–06. to assist customers having difficulties in paying their Connect Outstanding bills. ACMA registered this code on 13 April 2006. Industry Code ACIF C617:2005 Connect Outstanding INTERNET CODES sets out procedures between CSPs to provide for timely Internet industry codes of practice connection of a customer’s standard telephone service in Codes of practice for internet service providers (ISPs) circumstances where the customer is a new occupant of a and internet content hosts—registered on 26 May 2005 premises and a working standard telephone service has under Schedule 5 to the Broadcasting Services Act not been cancelled by the previous occupant. The 1992—were scheduled to be reviewed by 25 May 2006. Connect Outstanding Code was registered by ACMA on However, commencement of the review was deferred 18 August 2005. until the release of DCITA’s report on regulation of Pre-selection, Mobile Number Portability and Commercial content delivered to convergent devices, so that matters Churn Codes contained in the report can be addressed in the review of Industry Codes ACIF C515:2005 Pre-selection, ACIF the codes. C570:2005 Mobile Number Portability and ACIF C531: The code of practice for ISPs, registered by the ABA in 2005 Commercial Churn underwent minor revisions December 2001 under the Interactive Gambling Act during 2005 to establish consistency with state and 2001, was scheduled to be reviewed in conjunction with territory fair trading legislation following legislative the codes for internet content. It is likely that the Internet amendment in New South Wales and Victoria. The Industry Association, which developed the codes on the revised codes were registered by ACMA on 13 October behalf of the internet industry, will undertake a review of 2005. The codes were amended to provide arrangements the codes during the second half of 2006, with to deal with customers rescinding or cancelling contracts replacement codes submitted to ACMA for consideration where this is allowed under state or territory fair trading in late 2006. legislation. Spam Local Number Portability Code On 16 March 2006, ACMA registered the Internet Industry Code ACIF C540:2005 Local Number Industry Spam Code of Practice. This code was Portability underwent limited revisions during 2005 to developed by the Internet Industry Association in establish consistency with state and territory fair trading conjunction with the internet industry associations from legislation following legislative amendment in New Western Australia and South Australia. It applies to all South Wales and Victoria, and with the ISPs in Australia, as well as global email service Telecommunications Numbering Plan 1997 rules for the providers operating in Australia. use of numbers in standard zone units. This code was registered by ACMA on 22 December 2005. The code sets out how ISPs and email service providers will address sources of spam within their own networks, Broadcasting codes including actual spammers, misconfigured customer Under section 123 of the Broadcasting Services Act, email servers and compromised computers (known as representative industry groups have developed codes of ‘zombies’) used to spread spam. It also requires ISPs and practice in consultation with ACMA, taking into account email service providers to give end-users information any relevant research conducted by ACMA. Once about how to deal with spam, and informed choice about implemented, ACMA monitors these codes and deals their filtering options. The code provisions became with unresolved complaints made under them. enforceable on 16 July 2006. ACMA includes a code in the register of codes of This code joins the successful e-Marketing Code of practice only if it is satisfied that it provides appropriate Practice as the second industry code developed since the

40 ACMA ANNUAL REPORT 2005–06 Spam Act 2003 came into effect. Both codes were monitor trends in Australian and foreign content in developed by and for particular industries that have a advertising. significant capacity to positively influence the problems In 2005, the amount of Australian advertising broadcast caused by unsolicited commercial electronic marketing. by the metropolitan networks averaged significantly CONTENT STANDARDS above 80 per cent: Australian content • the Seven licensees averaged 92.58 per cent (91.8 The Broadcasting Services (Australian Content) Standard per cent in 2004); 2005 was repealed and re-determined during the • the Nine licensees averaged 92.25 per cent (91.3 per reporting period, and was registered on the Federal cent in 2004); and Register of Legislative Instruments in accordance with • the Ten licensees averaged 87.50 per cent (88.5 per the Legislative Instruments Act 2003. The new standard cent in 2004). commenced on 30 December 2005. The main changes Children’s television reflect the establishment of ACMA and a minor consequential amendment resulting from the re- The Children’s Television Standards 2005 (CTS) were determination of the Children’s Television Standards repealed and re-determined on 24 November 2005 and 2005. registered on the Federal Register of Legislative Instruments in accordance with the Legislative ACMA uses its Australian content database to monitor Instruments Act 2003. The new standards commenced on commercial television licensees’ compliance with the 30 December 2005. The main changes made to the Australian Content Standard. The database contains standards reflected the establishment of ACMA and the detailed information provided under a self-reporting addition of a new provision, CTS 25A. The new system by the three commercial networks (Seven, Nine provision allowed a licensee holding rights to live and Ten), about the programs broadcast by their coverage of the Melbourne Commonwealth Games to metropolitan services. ACMA also collects compliance displace any pre-school period within the Games period information from regional commercial television to another time, within a specified timeframe. licensees. On 8 December 2005, ACMA decided to undertake a The Australian Content Standard requires all commercial review of the CTS, with a view to ensuring that it television broadcasting licensees to broadcast an annual continues to operate effectively to achieve its objectives. minimum quota of at least 55 per cent Australian programming between 6.00 am and midnight, including Compliance with the CTS is a licence condition for all first release and repeat programs. In addition, there are commercial television licensees. ACMA uses its specific minimum annual sub-quotas for first-release Australian content database and notification regime to Australian drama, documentary and children’s programs, monitor the metropolitan networks’ compliance with the as well as sub-quota requirements for repeat children’s CTS, based on information provided by the networks programs and Australian preschool programs. under a self-reporting scheme. ACMA also collects CTS compliance information from the regional commercial The annual quota requirements for first-release Australian television licensees. programs are: Under the CTS, commercial licensees are required to • drama—minimum 250 points (850 points for the broadcast 390 hours of children’s programming each three-year period 2005–07); year—260 hours of children’s (C) programs and 130 • documentary—20 hours; and hours of Australian preschool (P) programs. The 260- • children’s (C) programs—130 hours, including 25 hour C quota also requires licensees to broadcast at least hours of Australian children’s (C) drama. 130 hours of first release Australian C programs, In 2005, the commercial television broadcasting licensees including 25 hours of first-release Australian C drama met the Australian content requirements (a summary of programs, and eight hours of repeat Australian C drama these requirements is in Appendix 6). programs. They must also broadcast at least 96 hours of first-release Australian C drama in each three-year Australian content in advertising period. The Australian Content in Advertising Standard requires In 2005, 37.5 hours of foreign children’s programs that at least 80 per cent of advertising broadcast each counted towards the C quota of 260 hours. As well as year by commercial television licensees between 6.00 am 130 hours of first-release Australian C programs and and midnight be Australian-produced advertisements. eight hours of repeat Australian C drama, licensees may The three commercial networks report to ACMA count foreign C programs towards the balance of the C annually on the amount of Australian advertising they quota requirement. broadcast. Commercials Advice Pty Ltd (CAD), wholly With the exception of Nine licensee QTQ Brisbane, the owned by Free TV Australia, provides ACMA with the commercial licensees met the minimum quota numbers of advertisements it has classified as Australian requirements for children’s and pre-school programs for or foreign. The standard regulates advertisements actually the year (see Appendix 6). QTQ Brisbane broadcast broadcast, but ACMA uses the CAD information to 129.5 hours of P programs instead of the required 130 hours. The licensee has given ACMA an undertaking to

ACMA ANNUAL REPORT 2005–06 41 make up the 30 minutes of program time during the next minimum of 90 points per week. Points accrue on the reporting period. basis of two points per minute for local news and one High definition broadcasting requirements point per minute for other material, excluding paid advertising. Commercial and national broadcasters are required to broadcast at least 1,040 hours of high definition The additional licence condition came into effect on television (HDTV) programs per year under Schedule 4 1 February 2004 for the five licensees broadcasting in to the Broadcasting Services Act. This obligation these markets: commenced on 1 July 2003 for all commercial and • Seven Queensland, Southern Cross and WIN TV in national television broadcasting services in metropolitan regional Queensland; Sydney, Melbourne, Brisbane, Adelaide and Perth. The • NBN Ltd, Prime Television and Southern Cross in obligation to meet the 1,040 hour per year HDTV quota northern New South Wales; applies to all other broadcasters, except the digital-only • Prime Television, Southern Cross and WIN TV in services in Tasmania and , two years after the southern New South Wales; and date on which they are first required to commence broadcasting in standard definition digital mode in an • Prime Television, Southern Cross and WIN TV in area. regional Victoria. With the exception of Southern Cross Broadcasting Based on figures provided to ACMA by the relevant licensee TND Darwin, all nominated metropolitan and licensees under a self-reporting scheme, all licensees met regional commercial and national television broadcasters the quota requirements for 2005 (see Appendix 5). met their quota requirements in 2004–05. In 2005, following its first full year of operation, ACMA The ABC and SBS are permitted to ‘up-convert’ their commissioned an independent preliminary evaluation of analog or standard definition digital programs to high how the condition has been implemented. This found that definition digital programs. SBS has converted nearly all all licensees included in the evaluation met their points the programs on its main channel to a high definition requirement for the one-week period that was assessed. format (see Appendix 5). The report also identified areas where improvements can be made, particularly in provision of additional guidance TND failed to meet its pro rata HDTV quota of 780 for licensees and record-keeping requirements. These hours for 2005, broadcasting 772 hours and 52 minutes. improvements will be developed in the next reporting The licensee claimed that technical difficulties—which period. have since been rectified—led to its failure to meet the quota. TND also said that its attempts to make up the quota with additional programs underestimated the Code compliance HDTV amount of programming required, leaving a shortfall of seven hours and eight minutes. In light of STANDARD FORMS OF AGREEMENT TND’s rectification of its technical failures and its attempts to make up the programs, ACMA decided to Part 23 of the Telecommunications Act 1997 allows CSPs take no further action on this occasion. to use standard forms of agreement, rather than Commercial radio standards individual contracts with customers. The Telecommunications (Standard Form of Agreement Commercial radio licensees must comply with the Information) Determination 2003 requires providers to Broadcasting Services (Commercial Radio Current prepare written summaries of the standard forms of Affairs Disclosure) Standard 2000, including notification agreement, to give those summaries to new customers requirements. In 2005–06, five licensees notified ACMA and to tell existing customers that they are entitled to of the existence of or changes to relevant commercial request a summary at least once every two years. agreements between on-air presenters and third parties. ACMA records and checks summaries of standard forms One investigation was commenced under the disclosure of agreement submitted to it. On ACMA’s website, links standard in May 2006 and will be finalised during the are provided to CSP websites and their standard forms of next reporting period. agreement. Commercial radio licensees must also comply with the In April 2006, ACMA amended the 2003 Determination Broadcasting Services (Commercial Radio Compliance with the Telecommunications (Standard Form of Program) Standard 2000 and the Broadcasting Services Agreement Information) Amendment Determination 2006. (Commercial Radio Advertising) Standard 2000. The amended determination gives consumers reasonable Local content on regional television notice of changes to the terms and conditions of their An additional licence condition on some regional services, where the changes are likely to be detrimental commercial television licensees requires these licensees to the consumer. In giving reasonable notice, the provider to broadcast minimum amounts of material of local will have regard to issues such as the nature of the significance (local content). The licence condition variation, the means by which notice is provided and the requires the broadcast of minimum amounts of ‘material length of time before the variation will take effect. of local significance’ or local content comprising a Previously, consumers could be advised of changes to a minimum of 720 points per six-week period and a

42 ACMA ANNUAL REPORT 2005–06 standard form of agreement with only three days notice, regular compliance audits and will expand the audit by way of indirect notice. process to include smaller ISPs. The amended determination now resolves inconsistencies CHILDREN’S AND PRESCHOOL PROGRAMS between the contracts code and the 2003 determination, During 2005–06, ACMA assessed 72 children’s and to encourage consistent customer contract practices by preschool programs or series of programs, granting industry. classification to 67 of them. This compares with 67 PROTECTION OF CUSTOMER INFORMATION programs assessed and 50 programs granted classification During the year, ACMA continued work on the draft the previous year (see Table 19). Integrated Public Number Database (IPND) Standard. Of these programs, 77 per cent were completed within 60 The revised draft is due for public release in 2006–07. days of receipt by ACMA of a completed application. ACMA also undertook several investigations of alleged At 30 June 2006, there were 11 applications for misuse of IPND data. This national database contains children’s or preschool classification awaiting personal particulars of residential and business customers finalisation. A list of children’s television consultants and of fixed line and mobile phone services. Information programs granted C or P classification is in Appendix 6. contained in the IPND can be disclosed in only limited SUBSCRIPTION TELEVISION DRAMA circumstances in accordance with Part 13 of the EXPENDITURE Telecommunications Act and Industry Code ACIF C555. Requirement for new eligible Australian If complaints about the misuse of personal information drama expenditure relate to data not sourced from the IPND, ACMA cannot take action. Most complaints about the misuse of The new eligible drama expenditure scheme for personal information fall within this category. Where data subscription television drama services commenced in has been sourced from the IPND, ACMA considers 1999–2000. Set out in Part 7, Division 2A of the whether or not the use of the personal information was Broadcasting Services Act 1992, the scheme requires consistent with the Telecommunications Act and the licensees and channel providers of subscription television IPND Code. drama services to spend at least 10 per cent of their annual total program expenditure on new eligible drama In some cases, ACMA may use its information gathering programs. If the 10 per cent expenditure requirement is powers under section 522 of the Telecommunications Act not met in the current financial year, the shortfall amount to assist in establishing the origin of data. must be made up the following year. INTERNET CONTENT CODES OF PRACTICE To be eligible, a drama program must be an Australian or In early 2006, ACMA audited 24 of Australia’s largest production and must not have been ISPs to measure their compliance with the consumer televised in Australia or New Zealand on a broadcasting safety provisions in the Internet Industry Association’s service at any time before the expenditure on the content codes of practice. The codes require that ISPs program is incurred. take reasonable steps to see that access accounts are not The Broadcasting Services Act 1992 defines a opened by minors, present prominently displayed subscription television drama service as a service devoted information about online safety and provide consumers predominantly to drama programs, that is, more than 50 with regular information about filters. per cent of the programming consists of drama programs. The audit found all ISPs to be fully compliant with the In 2005–06, there were 17 subscription television drama relevant code provisions. ACMA will continue to conduct services, comprising the pass-through provider-supplied

Table 19: Children’s and preschool programs granted classification, 2004–05 and 2005–06

2004–05 2005–06

Applications granted Applications refused Applications granted Applications refused classification classification* classification classification*

Children’s programs 11 16 14 1

Children’s programs—drama 19 0 30 1

Provisional—children’s 16 1 17 1

Provisional—preschool 1 0 1 2

Preschool programs 3 0 5 -

Total 50 17 67 5

* These programs failed to satisfy the criteria in the CTS

ACMA ANNUAL REPORT 2005–06 43 channels—Boomerang, Cartoon Network, Hallmark, monitor the operation of the anti-siphoning list over this Turner Classic Movies, The Disney Channel, Fox 8, Fox period. Kids/Classics, Movie Extra, Movie Greats, Movie One, ACMA has developed a database to collect detailed Movie One Take 2, , Showtime, Showtime 2, information about each event on the anti-siphoning list, Showtime Greats/Encore, TV1 and UKTV supplied by covering both the type of rights held and how the rights channel providers. were used, including whether events were broadcast or Subscription television drama channel providers and whether the rights were traded. Broadcasters report licensees were required to spend a total of $18.98 million monthly to ACMA on listed events that were broadcast. on new eligible programming material for their drama The anti-siphoning list covers 12 sports. Within those 12 services broadcast in 2004–05. The industry spent $15.93 sports, there are 30 sporting event categories with million on new Australian drama programs in 2004–05, multiple events within each category—for example, for with $15.78 million available for acquittal of the tennis (a sport), each match of the Australian Open tennis obligation (amounts expended in excess of the 10 per tournament is included (a sporting event category with cent requirement by any one licensee cannot currently be multiple events) as well as each match in the Wimbledon used to acquit the obligation). Some $10.39 million was tennis tournament (another sporting event category with used to acquit the expenditure shortfall from 2003–04, multiple events). Broadcast of these events, where with $5.39 million partially meeting the 10 per cent purchased by free-to-air broadcasters, is tabulated across requirement for 2004–05. As a result, a shortfall of almost 80 licences as relevant, requiring extensive $13.59 million must be made up in 2005–06 ($18.98 database capacity. On average, this represents about million minus $5.39 million). 12,000 new database rows per month. This database has Expenditure on new eligible drama programs in 2004–05 been used from 1 January 2006 and will enable ACMA to included direct investment in and payment of licence fees provide interim reports to the Minister at least six- for a range of programs including feature films such as monthly until the end of 2010, under the current The Proposition, Hating Alison Ashley and Fat Pizza and direction. series such as (Series 2), Supernova and ANTI-HOARDING Holly’s Heroes. The anti-hoarding list contains one event—the 2006 Review of subscription television drama Federation of International Football Associations (FIFA) expenditure rules World Cup Soccer tournament, including the opening The subscription television drama expenditure scheme ceremony and closing presentations. rules remained unchanged during the reporting period, If a free-to-air commercial broadcaster acquires the live with the government continuing to: rights to a designated event, but does not intend • retain the 10 per cent yearly expenditure broadcasting the whole or part of an event live, the requirement on new drama; licensee must offer the broadcast rights to one of the • allow limited pre-production expenditure on script national broadcasters for a nominal charge. The offer development to count towards the requirement; must be open from 30 days before the start of the event and must remain open for a minimum seven days. • allow expenditure in excess of the 10 per cent to be carried forward and treated as new expenditure in Rights to broadcast the 2006 FIFA World Cup Soccer the following year; and tournament were acquired by SBS. • conduct another review of the operation of the new eligible drama expenditure scheme in 2008. Anti-spam activities The legislative changes were included in the Broadcasting Services Amendment (Subscription COMPLAINTS HANDLING Television Drama and Community Broadcasting The Spam Act 2003 defines ‘spam’ as an unsolicited Licences) Act 2006, introduced to the Senate on 1 March commercial electronic message. Recipients of Australian 2006 and assented to on 23 June 2006. email or mobile phone spam can lodge a complaint to ANTI-SIPHONING ACMA using an online form available at Section 115 of the Broadcasting Services Act empowers www.spam.acma.gov.au. In 2005–06, ACMA received the Minister to list, in a formal notice (the anti-siphoning 2,133 formal written complaints about spam, of which list), events that should be available to viewers of free-to- 337 related to mobile phone spam. Written responses are air national or commercial television broadcasting provided to complainants about the matters raised. services. An event is generally taken to be removed from ACMA also received telephone and written enquiries the list 12 weeks before its start. about spam, numbering more than 1,400 over the year. On 11 May 2004, the Minister determined a new anti- Reports of spam—which are generally spam emails siphoning list with effect from 1 January 2006 through to forwarded to ACMA through a variety of reporting 31 December 2010. Under a direction dated 21 mechanisms—are particularly important in aiding September 2005, the Minister instructed ACMA to ACMA’s forensic analysis and enforcement of the Spam

44 ACMA ANNUAL REPORT 2005–06 Act. In 2005–06, more than three million such reports knowledge of spam trends and developments. At 30 June were received. 2006, LAP membership included 45 regulatory On 30 May 2006, the user-friendly ‘one-click’ spam authorities/agencies and private industry groups from 24 reporting tool SpamMATTERS was launched after an countries. Observers include the OECD and the European extensive trial period. Over the one-month period from Commission. 30 May to 30 June 2006, 2.3 million reports of spam REVIEW OF LEGISLATION were received using this tool. In December 2005, DCITA commenced a review into the ENFORCEMENT operation of the Spam Act 2003. ACMA made an In 2005–06, ACMA investigated and successfully extensive submission to the review, which encompassed prosecuted Clarity1 and its director Mr Wayne Mansfield not only the Act itself, but Australia’s multi-faceted for sending unsolicited commercial electronic messages approach to overcoming the evolving problems and the use of address harvesting software. The case was associated with spam. The Minister tabled the report of heard in the Federal Court in Perth between 28 February the review in Parliament on 22 June 2006, concluding and 3 March 2006. The evidence against Clarity1 and Mr that no changes to the legislation were required and that Mansfield was that over a 12-month period more than the Act has proved effective against spam originating in 213 million emails were sent in contravention of the Australia. The report also supported ACMA’s approach to Spam Act. the administration and enforcement of the Spam Act. In addition to this prosecution, ACMA issued enforceable undertakings to three persons regarding their future Consumer safeguards compliance with the Spam Act and the e-Marketing Code of Practice. Three warning letters were also issued to TELECOMMUNICATIONS INDUSTRY individuals or businesses who committed less serious OMBUDSMAN breaches of the Act. Carriers and eligible CSPs, including internet service The majority of spam received by Australians is sent providers, are required to join the TIO scheme. One of from overseas, making international cooperation the TIO’s key roles is to investigate and make essential. In 2005–06, ACMA continued to actively liaise determinations about customer complaints against its with international agencies as part of this cooperative members. approach. ACMA’s enforcement and education programs have contributed to Australia dropping from 10th in an ACMA has a statutory obligation to make sure that international list of spamming countries in February 2004 carriers and CSPs join and comply with the TIO scheme. to 23rd in April 2006. Parties failing to join the TIO scheme or members who fail to comply with the scheme are referred to ACMA for INTERNATIONAL COOPERATION further action. ACMA may use its powers to issue formal ACMA has maintained and expanded its involvement in warnings or directions to enforce compliance with the international cooperation to address the problems of Telecommunications Act 1997 and the spam. In 2004–05, the former ACA and the Korean Telecommunications (Consumer Protection and Service Information Security Agency (KISA) invited other Standards) Act 1999. relevant agencies in the Asia–Pacific region to join their ACMA received four referrals from the TIO in 2005–06 memorandum of understanding (MoU) on countering relating to non-compliance with the scheme. ACMA was spam. Consequently, at 30 June 2006 the Seoul- also alerted to one provider’s non-compliance with the Melbourne Multilateral MoU on Countering Spam had TIO scheme. This matter is under consideration and 12 signatory agencies in 10 Asia–Pacific economies. expected to be resolved within the next reporting period. The expanded MoU group held its first meeting during No exemptions from the requirement to join the TIO 2005–06. Four meetings of the signatories were held, two scheme were granted by ACMA. of which were conducted during APECTEL conferences CUSTOMER SERVICE GUARANTEE in Korea and Canada. During the year, several bilateral projects were undertaken by the signatory agencies and The Telecommunications (Customer Service Guarantee) plans are underway to expand innovative technical anti- Standard 2000 (No. 2) specifies performance timeframes spam initiatives developed by particular agencies to the for the provision and repair of standard telephone MoU group. services, as well as timeframes for meeting customer appointments. If a CSP does not meet a performance ACMA continues to be a driving force with the United standard, it may be liable to pay damages to the affected States of America and the United Kingdom in the customer. ACMA monitors CSP performance against the London Action Plan (LAP), developed in 2004 to build Customer Service Guarantee (CSG) Standard timeframes international cooperation involving government and and publishes the performance information quarterly on private industry partnerships in the fight against spam. its website and in other reports. The LAP is continuing to work with non-member countries and industry to further build international Under the CSG Standard, CSPs are required to provide networks to fight spam. A LAP educational conference service performance data to ACMA. An independent was held in November 2005 to update members’ review commissioned by ACMA to assess the integrity of

ACMA ANNUAL REPORT 2005–06 45 information provided to ACMA by CSPs against the CSG as submitted. The claim was for the provision of 69 key performance indicators for connections, fault repairs, special digital data services. On 22 September, ACMA appointments and compensation was completed in forwarded the USO levy payments to DCITA as these 2005–06. The review found the CSG performance data had become available for distribution to Telstra. provided to ACMA by AAPT, Optus, Primus and Telstra On 21 June 2005, the Minister set USO subsidies for the to be consistent with the data contained in each CSP’s following three years based on ACA advice provided in own information systems. All CSPs were found to have December 2004. Subsidies were set as follows: adequate systems and processes in place to comply with • 2005–06: $171,403,872; the CSG reporting requirements. • 2006–07: $157,691,562; and During the year, ACMA published quarterly data tables for the various performance indicators on its website. • 2007–08: $145,076,237. This information will be complemented by special Eligible revenue assessment reviews and more detailed annual analysis of the data. In Participating persons—persons holding a addition, ACMA is continuing to look at ways to telecommunications carrier licence for any time during a streamline its CSG performance reporting activities and financial year—are required to submit eligible revenue minimise the reporting burden on industry. returns so ACMA can determine each participating UNIVERSAL SERVICE OBLIGATION person’s eligible revenue. Eligible revenue determines the Part 2 of the Telecommunications (Consumer Protection contributions each participating person makes toward the and Service Standards) Act 1999 establishes a universal USO subsidies, special digital data services and the service regime, administered by ACMA. The regime National Relay Service, as well as their annual carrier includes the universal service obligation (USO) and the licence charge. The contributions are based on the digital data service obligation (DDSO). proportion of a participating person’s eligible revenue compared with the total eligible revenue of all The USO is the obligation placed on universal service participating persons. The sum of a participating person’s providers to stipulate that standard telephone services, contribution to USO subsidies and digital data costs is payphones and prescribed carriage services are typically referred to as its USO levy. reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on Each participating person was required to lodge an business. Telstra is currently the USO provider for all eligible revenue return with ACMA in September 2005. areas in Australia. ACMA reviewed the returns and made adjustments, where appropriate. On 2 March 2006, ACMA made a The DDSO specifies that all people in Australia should written assessment for each participating person, setting have access, on request, to a data service with 64 kilobits out their eligible revenue for the 2004–05 financial year. per second digital data capability and is comprised of the This assessment will be used to determine each General DDSO and the Special DDSO. The Special participating person’s USO levy for 2005–06. DDSO applies to customers unable to receive service under the General DDSO because they are not close Levy enough to the necessary network infrastructure. Telstra is On 1 September 2005, ACMA made a written assessment the sole general DDSO and Special DDSO provider, setting out the USO levies payable by each participating following the revocation of the role of Hotkey Internet person for 2004–05 based on each participating person’s Services Pty Ltd as a Special DDSO provider on 20 May eligible revenue from 2003–04. The assessment also set 2006, at its request. out the USO subsidy and digital data costs of Telstra. ACMA monitors the performance of telecommunications USO levy payments for the 2004–05 period were payable providers in fulfilling these obligations and reports on to ACMA by participating persons in October 2005. By these matters in its annual report on communications the end of June 2006, all payments had been received performance. except for: Funding • AIRN Ltd ($11,419.62); ACMA provides advice to the Minister on determining • CAT Networks Pty Ltd ($376.96); the funding of USO and digital data service obligation • Comindico Australia Pty Ltd (374,667.32); costs. Telstra, as the universal service provider, and Telstra and Hotkey as special digital data service • Coretel Communications Pty Ltd ($3,875.37); providers, were eligible to submit claims for these costs. • A.C.N. 098 102 651 Pty Ltd (formerly ACN 098 On 14 July 2005, Telstra submitted a claim for the USO 102 651 Limited) ($19,692.70); and subsidies of $211,335,917 for 2004–05. The amount • A.C.N. 103 074 915 Pty Ltd (formerly Skyways claimed was consistent with the Minister’s determination. Internet Services Pty Ltd) ($154.07). On the same date Telstra submitted its digital data cost All of these companies are under external administration, claim of $20,546 for 2004–05. ACMA reviewed Telstra’s in liquidation or had ceased to exist. ACMA is continuing claim and assessed Telstra’s digital data cost levy credit to pursue payment of outstanding USO levies.

46 ACMA ANNUAL REPORT 2005–06 DO NOT CALL REGISTER During the year, ACMA continued to implement the In the reporting period, ACMA commenced work on the relevant parts of the government’s response to the former implementation of the Do Not Call Scheme. ACA’s 2004 Payphone Policy Review. In particular, ACMA has been working with Telstra and DCITA on a Under the Do Not Call Register Act 2006, ACMA is program to substantially improve payphone performance required to establish and oversee a national Do Not Call in remote Indigenous communities. This includes the Register and minimum national standards to regulate supply, installation and maintenance of payphones. telemarketing calls as soon as practicable. The legislation is a direct response to the increasing level of community On 8 June 2006, the Minister announced initiatives to concern about the growth in unsolicited telemarketing facilitate more consultation and better information about calls. Generally, telemarketers will be prohibited from any plans Telstra might have to remove payphones from making a telemarketing call to a number which has been a community. As part of this, ACMA established an included on the register. A small number of organisations enhanced complaints process for payphone removals— will be exempt from using the register, including those where the complaint has first gone to Telstra but the whose calls allow them to carry out work that is in the consumer remains unhappy with the outcome of Telstra’s public interest. These include charities, registered decision, the complaint can be referred to ACMA for political parties, educational institutions, religious investigation into whether Telstra may have breached its organisations and government bodies. obligation to comply with the SMP. PAYPHONE PERFORMANCE NETWORK RELIABILITY FRAMEWORK As the universal service provider, Telstra must provide The Network Reliability Framework (NRF) is a three- payphones that are reasonably accessible on an equitable tiered compliance and reporting framework that aims to basis to all people in Australia. This obligation covers the improve the reliability of Telstra telephone services. The supply, installation and maintenance of payphones. NRF complements other consumer safeguards such as the USO and the CSG Standard. It provides information ACMA is also responsible for approving Telstra’s about the number of faults occurring in Telstra’s network Standard Marketing Plan (SMP), which includes siting and is primarily focused on customers experiencing criteria for payphones and processes to be undertaken by continuing problems with service reliability. Telstra when it is considering whether to remove or relocate a public payphone. ACMA monitors payphone Under the NRF, Telstra is required to provide ACMA performance quarterly against measures specified in with network performance reports at three levels: Telstra’s SMP and publishes relevant tables on its • Level 1: geographical area level, based on Telstra’s website. field service areas; In 2005–06, ACMA received four complaints about • Level 2: exchange service area level; and payphones, covering a deficiency in Telstra’s • Level 3: the individual service level—all Telstra consultation, disabled access and Telstra’s refusal to services covered by the CSG are included (that is, relocate a payphone (two complaints). residential and small business customers with five lines or less).

A study group visits the Dampier Peninsula, north of Broome in Western Australia, to gain first-hand insight into remote area communications logistics.

ACMA ANNUAL REPORT 2005–06 47 During 2005–06, ACMA continued to monitor Telstra’s Following recommendations made by ACMA, Telstra has NRF performance results. Telstra makes its monthly streamlined the application process for its priority Level 1 performance and relevant geographical assistance customers, extending the renewal period to information available on its website and NRF three years. Another improvement is that priority performance information across all levels is published on assistance customers will no longer be required to renew ACMA’s website. their registration when they move house. Last year, ACMA completed its review of the NATIONAL RELAY SERVICE effectiveness of the NRF—recommendation 2.10 of the The National Relay Service (NRS) allows people with a Regional Telecommunications Inquiry—and provided its communication impairment to access a telephone service report to the Minister in June 2005. The government equivalent to the standard telephone service available to accepted ACMA’s recommendations for changes to Level all Australians. The NRS legislative obligations are 2 of the NRF, including a requirement that Telstra must outlined under Part 3 of the Telecommunications undertake remediation work on a minimum of 480 of the (Consumer Protection and Service Standards) Act 1999. worst performing cable runs each year. In September 2005, the Minister announced that the government will Relay services and an outreach program to raise strengthen the NRF to specify that the most unreliable awareness of the NRS are both currently delivered by parts of Telstra’s network across Australia be fixed Australian Communication Exchange (ACE) under quickly and efficiently. contract to the Australian government. The current contract expired on 30 June 2006. The Minister has Under the new Level 2 arrangements, cable runs will be announced that, from 1 July 2006, ACE will continue to the focus of performance monitoring and remediation. provide relay services, while the outreach program will This will allow better targeting of poorly performing be delivered by Westwood Spice, a specialist marketing areas of Telstra’s network and will facilitate more and communications consultancy. These changes in effective remediation. contractual arrangements reflect the outcome of a tender Discussions are continuing between Telstra, ACMA and process conducted by DCITA in 2005–06. DCITA on the implementation of recommended changes In 2005–06, ACMA met its legislated responsibilities for to the NRF licence condition. collection of the NRS levy, monitoring the performance PRIORITY ASSISTANCE of the NRS provider and provision of an annual Priority assistance is an enhanced telephone connection performance report on the NRS to the Minister. Contract and repair service for people with a diagnosed life- management responsibilities have been shared with threatening medical condition who are at risk of suffering DCITA during 2005–06. a rapid, life-threatening deterioration in their condition. Levy The service provides residential customers with access to The NRS is funded by a quarterly levy on eligible a reliable, fully operational home telephone service to telecommunications carriers. Carriers holding a carrier call for assistance when needed. licence and covered by the most recent eligible revenue Priority assistance customers are entitled to faster assessment made before the start of the quarter are connection and fault repair times—24 hours in urban and eligible to pay the levy. A ministerial determination rural areas and 48 hours in remote areas—and greater registered on 1 December 2005 now restricts payment of service reliability. If a priority assistance customer the levy to those carriers that have eligible revenue of experiences two or more faults in a three-month period, $10 million or more in the most recent annual eligible substantial phone service testing is undertaken by the revenue assessment made before the start of the quarter. carrier. ACMA is responsible for the collection of the NRS levy It is a condition of Telstra’s carrier licence that it on behalf of the government. implements an effective priority assistance system. In 2005–06, the cost of providing the NRS was $12.8 ACMA meets regularly with Telstra and DCITA about million including GST and subject to final reconciliation priority assistance and reports to the Minister on Telstra’s of the June 2006 quarter, a decrease of more than 20 per compliance with the licence condition. Telstra’s priority cent on the costs in 2004–05. This decrease in costs assistance performance information is reported on represents both an adjustment in the call minute rate and ACMA’s website. a reduction in usage of the NRS during the reporting Following completion of its 2004 review of Telstra’s period. priority assistance service, ACMA has made significant Performance reporting progress implementing the majority of the ACMA monitors the performance of the NRS provider recommendations accepted by the government. ACMA is against contractually specified performance standards. continuing to negotiate the implementation of the remaining recommendations, which involve changes to ACMA is also required to report to the Minister on the record-keeping and reporting arrangements associated performance of the NRS provider against the with the priority assistance process. requirements of the NRS Plan, including performance against mandatory performance standards in the NRS contract for the provision of the relay service.

48 ACMA ANNUAL REPORT 2005–06 The report for 2004–05 was presented to the Minister in NetAlert—the federal government’s internet safety October 2005, with copies provided to key stakeholders advisory body—state and federal police forces, education and made publicly available on ACMA’s website. departments and international safety organisations such Consultation with users as NetSafe (New Zealand), ChildNet (UK) and the Information Communication Ethics Committee (Korea). In 2005–06, the NRS Consultative Committee was ACMA’s principal mechanism for consultation on these CONSUMER INFORMATION PRODUCTS standards. The committee met once during the reporting Consumer information survey period, with membership drawn from community ACMA engaged a market research consultant to assess organisations representing NRS users. Committee the effectiveness of current strategies by CSPs to provide members in 2005–06 were the Australian Association of information for consumers about the safeguards available the Deaf, the Queensland Deaf Society, SensAbility, the for their telecommunications services. The research Deafness Forum, Better Hearing Australia (Victoria) and sought to identify current levels of consumer awareness the Australian Group on Severe Communication of the available safeguards, as well as the types of Impairment (AGOSCI Inc). information that consumers consider important in making initial and ongoing decisions about telecommunications Community awareness services. Following this research, a report on compliance with and effectiveness of obligations on service providers to provide information to consumers about their ACMA’s role includes ensuring that consumers are safeguards, is being prepared and will be provided to the informed about communications products and services Minister in the next reporting period. available to them. While ACMA undertakes a range of community awareness programs, the focus in 2005–06 Consumer education and information products was largely on raising community awareness of online ACMA conducted a comprehensive review of its strategy safety issues as part of ACMA’s responsibilities under for developing and distributing consumer education and Schedule 5 to the Broadcasting Services Act. information. The review identified relevant partnerships CYBERSMART KIDS that will facilitate more efficient and effective development and distribution of targeted consumer ACMA’s Cybersmart Kids website information and education campaigns. The revised (www.cybersmartkids.com.au) provides internet safety strategy is aimed at helping ACMA’s education and advice to children, parents and teachers. Review of the awareness campaigns reach a wider effective audience, site was finalised in the latter part of 2005, with the and in particular, will better target vulnerable consumers, updated site officially launched on 11 January 2006. including youth. Safety information and tips on the site have been Compliance with Mobile Content updated, and additional information included on mobile Determination phones, instant messaging—including those services providing voice communication facilities—webcams and In 2004–05, ACMA surveyed industry compliance with weblogs. the content requirements specified in the Telecommunications Service Provider (Mobile Premium CYBERSMART DETECTIVES Services) Determination 2005 (No.1). While some issues Cybersmart Detectives is an online activity developed for of non-compliance were detected, ACMA effectively use in schools to teach children how to chat safely in the encouraged compliance without the use of its formal online world. ACMA conducted three Cybersmart powers under section 101 of the Telecommunications Act Detectives activities in 2005–06—in Townsville in March 1997. This was done by industry education and ongoing 2006, Perth in May 2006 and Adelaide in June 2006. All contact, and liaison with industry. events were held in partnership with state police, Safety Measures Notice education departments and child welfare groups. ACMA intends to continue to roll out the activity and build on In May 2006, ACMA released the Guide to the these key partnerships in order to maximise children’s Implementation of Safety Measures in Mobile Services. exposure to the online safety message. This guide contains the Safety Measures Notice, which lists the steps mobile chat providers can take to enhance OTHER ACTIVITIES the safety of younger users of their services. These steps ACMA’s Cybersmart Guide, a brochure with online include increasing the awareness of children and parents safety tips for children and parents, has been updated to of risks associated with mobile chat, electronic include information about instant messaging and intervention such as automatic filtering of chat to reduce webcams. Some 988,600 copies of the brochure have the potential for illegal contact to be established and now been distributed. restricting access to mobile chat services that are not ACMA has also continued to build relationships with intended to be used by children. other agencies involved in online safety, including

ACMA ANNUAL REPORT 2005–06 49 EDUCATION CAMPAIGNS Consumer Fraud Taskforce ACMA participated in the Australasian Consumer Fraud Taskforce’s inaugural outreach campaign in partnership with 17 other state and federal government agencies. The outreach campaign sought to target and raise consumer awareness of the risks posed by four main types of scams and fraud—phishing, bogus lotteries, advance fee frauds and cold calling. The outreach campaign was successful in meeting its objectives of: • achieving broad media coverage of fraud issues; • engaging key industry members to participate in the outreach and ongoing initiatives; and • gathering benchmark data on consumer awareness, experiences and beliefs about common scams, including phishing. Online tool kits During 2005–06, ACMA’s online consumer information tool kits were reviewed to include information on new and emerging technologies, and changes to consumer safeguards, and to update external web links to consumer and industry bodies. The internet tool kit was also refocused to allow ACMA to respond efficiently to requests for hard copies. The distribution of tool kits and other consumer brochures to rural, remote and small business consumers was enhanced in 2005–06 by ACMA establishing distribution partners to disseminate consumer information. Partners included AusIndustry, through their small business field officers, and state- based consumer affairs and protection agencies. VoIP services To increase consumer awareness about voice services provided over the internet, ACMA published information on its website describing these services, how they differ from standard telephone services and the potential benefits or limitations of different types of services.

50 ACMA ANNUAL REPORT 2005–06

Managing and developing our resources 4 R E T P A H C Our people • laptop or personal computer and printer for use at home; and EMPLOYMENT ARRANGEMENTS • outplacement assistance/financial counselling if deemed excess. On 1 July 2005, 523 employees were transferred to As detailed below, 72 employees were eligible for ACMA from the ABA and ACA. The staffing performance pay for service in 2005–06, but the complement of ACMA at 30 June 2006 was 500. performance of individuals and quantum of payments has Comparative staffing details are in Appendix 3. not yet been assessed or made. Employment arrangements and conditions of work for WORKPLACE DIVERSITY PROGRAM those employees who transferred to ACMA on 1 July 2005 but who had not entered into Australian Workplace The ACMA Workplace Diversity Program incorporates Agreements (AWAs) were determined by the Acting APS values and follows the Australian Public Service Chair under section 24(1) of the Public Service Act 1999. Commission’s Guidelines on Workplace Diversity. The As it was not possible to negotiate a certified agreement program has been put in place to assist ACMA in its before 1 July 2005, the Acting Chair’s determinations plans to: effectively carried forward the employment arrangements • promote the benefits of diversity for both agency that existed in the ABA and ACA. and employees; Negotiation of the ACMA Agreement 2006–07 began in • develop and implement actions and achieve results August 2005 and ACMA’s first certified agreement under towards diversity targets; section 170LJ of the Workplace Relations Act 1996 was • adhere to its legal responsibilities as an employer; certified on 23 December 2005. Approximately 418 employees are covered by the agreement, the key features • increase employee awareness and understanding of of which are: workplace diversity issues; and • two-year agreement; • encourage employees to recognise the benefits of operating within an inclusive work environment. • salary increases of: These diversity principles are aimed at valuing the range – four per cent from 1 January 2006; and and variety of skills, abilities and backgrounds in the – four per cent from 1 January 2007; workplace and the Australian community at large. • a seven-and-a-half hour working day; ACMA recognises and values individual differences and • access to personal leave for maternity and paternity aims to raise awareness of the importance of workplace leave purposes; and diversity by: • streamlined redundancy and retrenchment • including the acknowledgment and provisions. acceptance/encouragement of diversity in organisational and individual performance plans; Salary ranges available under the certified agreement are in Appendix 3. • ensuring that selection criteria for management positions include the ability to integrate workplace AWAs are in place for 16 Senior Executive Staff (SES), diversity principles into everyday management 56 Executive Level (EL) employees and 10 Australian practice; and Public Service (APS) level employees. ACMA AWAs were issued to 62 employees, while 20 remain on • making information available to new employees in unexpired ACA AWAs. induction material. At 30 June 2006, the salary ranges for employees on ACMA seeks to achieve high-quality equity and diversity AWAs were: outcomes by: • EL2: $83,736 to $100,642; • supporting equal access to training and development for all individuals and groups; • SES1: $110,000 to $130,000; and • ensuring that senior management supports the • SES2: $140,000 to $155,000. workplace diversity coordinator; and Non-salary benefits provided to employees on AWAs • helping employees to balance work, study, family may include: life and other caring responsibilities through access • at-risk pay; to home-based work, part-time work, flexitime and • performance bonus; flexbank, studies assistance and personal and • retention bonus; purchased leave. • mobile telephone; On 30 June 2006, ACMA’s employee profile was: • airline club membership; • total employees—500 • residential broadband service; • number of women—218 (43.6 per cent) • car or car allowance; • number of staff from a non-English-speaking background—113 (22.6 per cent) • parking;

52 ACMA ANNUAL REPORT 2005–06 • number of staff with a disability—14 (2.8 per cent). bodies can refer matters with organisation-wide Equity in employee selection processes is promoted by implications to the National Consultative Forum. training all relevant employees in how to select While the consultative forums were only recently employees, and by monitoring the effectiveness of the constituted, some met once in 2005–06. Discussions selection guidelines. focused mainly on organisational arrangements. OCCUPATIONAL HEALTH AND SAFETY Approaches used to involve employees in decision- ACMA aims to promote and maintain a high standard of making and information sharing include ‘all staff’ health, safety and well-being for all staff by: meetings, planning sessions, branch and section meetings, focus groups, general information sessions and • preventing accidents and ill-health caused by the use of the ACMA intranet for disseminating adverse working conditions; information. • protecting employees, contractors and the public GRADUATE PROGRAM from health hazards that may arise from their work or the conditions in which they work; and Since 1995, the ACA supported a graduate development program under which graduates progressed into many • locating employees in an occupational environment roles throughout the organisation. Typically, about four that maximises health, safety and well-being. graduates were recruited each year, with the intake While the ACMA Occupational Health and Safety evenly split between the Melbourne and Canberra central Agreement is being finalised, the agreements, policies offices. Of the 51 graduates recruited between 1995 and and practices of the ABA and ACA still apply. Under the 2005, 17 are still employed by ACMA. new agreement, ACMA will designate work groups Seven graduates commenced with ACMA in 2006. They covering all employees. Each group will have one have tertiary qualifications in psychology, law, occupational health and safety (OHS) representative and engineering, information and communication, and media one deputy, with each representative undertaking a five- and communication. day training course accredited by the Commission for the Safety, Rehabilitation and Compensation of DEVELOPMENT AND TRAINING Commonwealth Employees. ACMA will also have one ACMA is committed to providing opportunities for national and four local OHS committees comprised of employees to improve their on-the-job skills, which will management representatives, OHS representatives and support employees’ adaptability and mobility, and help union delegates. them to achieve their full potential, by supporting OHS and management representatives carry out regular learning and development activities. workplace inspections. Representatives take action to Of ACMA’s 500 employees, 220 attended training during address any problems and prevent potential hazards, with the year. ACMA’s net expenditure for employee training reports on these inspections presented at each OHS was $504,964. Development and training activities committee meeting. included training in management and leadership skills, OHS information is provided to all new staff through information technology skills, job-specific skills, and ACMA’s electronic employee induction program. attendance at seminars and conferences. ACMA general Employees are routinely offered training courses in the information sessions are also used to pass on leading- application of risk management techniques to the tasks edge research and knowledge to others in the agency. they carry out, and this year the major emphasis was on During the year, 30 employees were assisted under the manual handling. Workstation assessments are conducted provisions of ACMA’s Studies Assistance Policy and when employees commence, are relocated or on request. Guidelines at a total cost of $100,486. The employees During the year, ACMA gave notice under section 68 of undertook a variety of courses, including tertiary the Occupational Health and Safety (Commonwealth qualifications in specialised fields such as accounting, Employment) Act 1991 about two accidents or dangerous marketing, communications, business and technology, occurrences. economics, public policy and management, and law. CONSULTATION AND WORKPLACE PERFORMANCE MANAGEMENT RELATIONS The ACMA Agreement 2006–07 supports the In 2005–06, ACMA established staff consultative bodies establishment of a performance management framework. under the ACMA Agreement 2006–07. The National This framework is currently under development and will Consultative Forum deals primarily with the key strategic provide ACMA with a key mechanism for work planning and change issues that affect ACMA. Convened by the and performance review, while identifying important ACMA Chair, it comprises management, union and development activities that need to occur during the employee representatives. period. Four Local Consultative Forums have been established to In the interim, the performance and development consult with staff in Canberra, Melbourne and Sydney schemes that were in place in the predecessor offices, and staff located in the regions. Each local forum organisations are continuing. The new framework will be comprises management, union and employee linked to ACMA’s planning cycle and will facilitate representatives and is chaired by a senior manager. These

ACMA ANNUAL REPORT 2005–06 53 effective communication and formal feedback at four- warehouse planning, storage capacity planning, server monthly reviews and yearly assessments. consolidation and knowledge management. A key information management initiative during the year Information management resulted in the integration of the records management systems from the ABA and the ACA, involving data conversion from two disparate sets of corporate TECHNOLOGY information and records systems to create a single During the reporting period, work continued on information management holding. Other activities rationalising and integrating the information technology included implementing a standardised approach to (IT) systems from ACMA’s two predecessor agencies. records management and conducting training sessions for ACMA has enhanced its strategic IT capability by ACMA employees. finalising a strategic IT plan and developing a five-year A review is currently under way to examine the business outlook detailing priorities for IT investment. In addition, classification schemes used by the ABA and the ACA. governance arrangements for IT projects were developed Outcomes from the review will include: and implemented and approval processes for IT projects • an integrated business classification scheme for implemented. Internal IT resources were expanded immediate use by ACMA; through the establishment of core skill areas and a • recommendations to consider when redeveloping decision to engage contractors only for large projects or the business classification scheme to meet ACMA’s to provide resources in non-core skills areas. increasingly converged business needs; and Along with an improved capacity to provide strategic • clarification of the relationship between the business advice to ACMA, changes in the resourcing, classification scheme and ACMA’s soon-to-be- management, systems and processes associated with in- developed information architecture. house developed software have delivered demonstrable improvements in all IT projects. Key components of the Over the next 12 months, ACMA will enhance its five-year outlook include: strategic information management capability through the development of an information management framework • implementation of an enterprise architecture model and a knowledge management strategy. for IT; • rationalisation of some applications; Corporate governance • establishment of an enterprise data warehouse, a business intelligence application and an enterprise search tool; and SECURITY • establishment of a whole-of-e-business strategy and ACMA manages its security function in accordance with capability. the revised Commonwealth Protective Security Manual. A project aimed at delivering improved voice, video and All requirements of the three-year rolling security network infrastructure across ACMA is under way. This inspection program scheduled for 2005–06 were project comprises four high-level stages and includes the completed. appointment of a consultant to undertake a review of ACMA continued to implement the fraud control plans of existing infrastructure and services, and to develop its two predecessor organisations. In line with the recommendations for preferred solutions based on market requirements of the Commonwealth Fraud Control knowledge. Guidelines, a comprehensive fraud risk assessment was INFORMATION undertaken in the final quarter of the financial year to develop a fraud control plan for ACMA. All statutory The creation of ACMA and its recent restructure reporting requirements of the guidelines were met in provided an opportunity for colocation of the information 2005–06. management and technology functions within the newly created Human Resources and Information Technology AUDIT Branch. Benefits of this co-location include greater ACMA’s internal audit function has been provided by opportunities for discussion and development of KPMG, an outsourced service contractor. information management initiatives, alignment of During the reporting period, internal audit activity strategic direction and longer-term objectives, and continued to focus on areas of significant risk or areas integration of records management principles and where a high level of quality assurance is required. systems with business systems and applications. The first meeting of the inaugural ACMA internal audit One of the first joint projects undertaken by the two areas committee was held on 13 December 2005. The audit was a review of ACMA’s digital data holdings to program for 2005–06 focused on whole-of-organisation understand the type, quality, location and use of agency processes and key corporate processes, specifically those data. The aim of the review was to produce a associated with financial statements preparation. consolidated reference document to support the planning The contract associated with providing internal audit of the agency’s information architecture and inform services is subject to regular review. ACMA will request future enterprise architecture activities such as data

54 ACMA ANNUAL REPORT 2005–06 tenders for provision of internal audit services early in A new monthly newsletter reporting on ACMA activities 2006–07, aiming to have a new contract beginning in the was launched during the year. ACMAsphere is published second quarter of the financial year. 11 times a year and is available online and in print, with More information about ACMA’s audit committee is in copies distributed by mail. Appendix 2. During the year, ACMA commenced a major RISK MANAGEMENT redevelopment of its website. The information collection stage of the project progressed and construction of the ACMA met all statutory reporting requirements new site will be assisted by the engagement of an associated with reporting to the Australian National Audit information architecture consultant. Office (ANAO), ACMA’s insurer (Comcover) and the Attorney-General’s Department. Financial management ACMA is currently developing a comprehensive risk management framework, with the Corporate Services Division responsible for the implementation process. ACMA has continued the work of its predecessor During the year, ACMA developed an organisation-wide organisations to improve the provision of its financial strategic risk register, allowing it to identify and manage services to industry and the community, as well as these risks in a structured and effective manner. In meeting its obligations to key government agencies such addition, all areas of the organisation identified business as the Department of Finance and Administration risks as part of their business planning process. A (DoFA). ACMA met all of its budgeting and reporting complete risk management plan is expected to be requirements and deadlines as set down by DoFA and the finalised towards the end of 2006–07. ANAO. ACMA has also participated in its first round of Significant financial management resources were utilised Comcover’s Benchmarking Risk Management Program in implementing changes to support the creation of since the merger. Positive results saw ACMA receive a ACMA. This included substantial work towards ensuring premium discount by demonstrating its commitment to that systems comply with the requirements of the implementing a comprehensive risk management Financial Management and Accountability Act 1997 framework. (FMA Act). Major tasks included: EXTERNAL SCRUTINY • completing the upgrade of the financial system, Finance One, which consolidated ABA and ACA There were no judicial decisions, decisions of requirements and processes to set it up for the three administrative tribunals, or reports by the Auditor- ACMA ledgers—Departmental, Administered and General, a Parliamentary committee or the Trust; Commonwealth Ombudsman that had a significant impact on the operations of ACMA in 2005–06. • ensuring that ACMA complies with the new Australian Equivalents of the International Financial CLIENT SERVICE CHARTER Reporting Standards and adjusting any financial An ACMA Client Service Charter, setting out the balances to comply with the new accounting performance standards that ACMA’s clients can expect, standards; was under development during 2005–06. It is expected • drafting and executing the chief executive that the charter will become operational during 2006–07 instructions, management instructions and financial and that ACMA will report on its performance against the delegations for ACMA; charter in its next annual report. • upgrading of the online travel database for ACMA; Communications • introducing new financial management reports; • updating finance systems and the chart of accounts to manage the agency restructure as at 1 February MEDIA 2006; ACMA pursued a proactive strategy of releasing • upgrading the debtors and fund management information to the media to provide timely and accurate system, Client Financial Management, to comply information in the public arena. In 2005–06, ACMA with the FMA Act; issued 142 media releases and dealt with more than 900 • upgrading the cash management reports and queries from journalists. ACMA members and staff gave procedures to comply with requirements under the interviews to the electronic and print media on a range of FMA Act; issues. PUBLISHING • revaluing ACMA’s assets, except software, to fair value as at 30 June 2006; ACMA has an extensive publishing program, including • participation in the trials for a new whole-of- printed and electronically published material. Most government budgeting and reporting system, the ACMA publications are published on its website, with Central Budget Management System, and the cash printed copies available on request.

ACMA ANNUAL REPORT 2005–06 55 management system, Appropriation Cash ACMA aims to expand this across all offices as Management; current energy contracts expire. • establishment of an ACMA budget by merging the • Office waste continues to be separated into ABA and ACA budgets at Additional Estimates; recyclable and non-recyclable components. While • updating the cost recovery model for the creation of the volume of material recycled was not measured ACMA, which was updated for the restructure in in 2005–06, it is expected to be consistent with the February (the model is approved by KPMG); volume of the previous financial year, where more than 46 tonnes of waste was diverted from landfill • conducting a full-time recording exercise in in Canberra and Melbourne alone. preparation for a review of ACMA’s fees and charges; and • The new cleaning contract developed for the Canberra and Melbourne central offices includes • a review of ACMA’s fees and charges for Goods specific reference to the provision of and Services Tax (GST) eligibility, with an update environmentally friendly cleaning products and the to the list of fees and charges to be exempted from separation of waste into recyclable and non- GST under section 81 and to be included in the recyclable components. Treasurer’s Determination. • The number of ACMA operational vehicles has ACMA’s financial statements for 2005–06 were prepared been reduced, focusing on a more effective in accordance with section 57 of the FMA Act and the utilisation of the current fleet. Finance Minister’s Orders. The ANAO issued an unqualified audit opinion on the statements and notes • ACMA is reviewing its video-conferencing (see Appendix 15). facilities, which enable staff to hold meetings across its offices and can reduce the reliance on interstate ACMA’s internal policies and procedures for travel. procurement comply with the Commonwealth Procurement Guidelines. • ACMA continues to procure office machines and equipment in accordance with Commonwealth policy as it relates to energy usage and recyclable Property management componentry. In accordance with the Environmental Budget Statement ACMA’s property portfolio consists of 16 leased offices (EBS) requirements, ACMA also reports against the EBS and 19 special purpose sites used for spectrum theme Atmosphere. ACMA has powers to make standards monitoring and interference investigations. Four of the 19 to protect the public from exposure to radiofrequency special purpose sites are owned by the Commonwealth. electromagnetic radiation from radiocommunications In 2005–06, floor space leased for the Melbourne central transmitters. This is discussed in more detail in office and the Brisbane office was reduced, while the Chapter 2. Adelaide and Cairns operational centres were relocated to smaller premises. Following the change in internal reporting arrangements, the second half of the year has seen a review of current floor layouts and internal relocation within the Sydney, Canberra and Melbourne central offices. On 30 June 2006, the contract with CB Richard Ellis for the provision of property account management services expired. This function will be managed within ACMA on a trial basis. ECOLOGICALLY SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PERFORMANCE ACMA is currently designing and implementing an environmental management system that both supports its ongoing operations and reflects government policy. In the meantime, the arrangements that existed previously in the ABA and the ACA have continued to operate. Notable actions and achievements in 2005–06 included: • Ongoing commitment to reducing the organisation’s impact on the environment through the procurement of green power. The energy contracts that cover the Canberra and Melbourne central offices stipulate that 10 per cent of energy is to be green energy.

56 ACMA ANNUAL REPORT 2005–06

Appendixes to annual report 2005–06 S

1. ACMA offices E

2. ACMA committees and attendance at meetings X 3. Staffing details I 4. Disability strategy D 5. Licensing and licence allocations N E P P A 58 ACMA ANNUAL REPORT 2005–06 APPENDIX 1: ACMA offices CENTRAL OFFICES Canberra Purple Building, Benjamin Offices Chan Street, Belconnen PO Box 78 Belconnen ACT 2616 Telephone: (02) 6219 5555 Facsimile: (02) 6219 5353

Melbourne Level 44, Melbourne Central Tower 360 Elizabeth Street, Melbourne PO Box 13112 Law Courts Melbourne Vic 8010 Telephone: (03) 9963 6800 Facsimile: (03) 9963 6899 TTY: (03) 9963 6948

Sydney Level 15, Tower 1 Darling Park 201 Sussex Street, Sydney PO Box Q500 Queen Victoria Buiding NSW 1230 Telephone: (02) 9334 7700 / 1800 226 667 Facsimile: (02) 9334 7799

REGIONAL OFFICES New South Wales PO Box Q500, Queen Victoria Buiding NSW 1230 Telephone: 1300 850 115 Facsimile: (02) 9245 4099 Email:[email protected]

Southern Australia PO Box 13120 Law Courts, Melbourne Vic 8010 Telephone: 1300 850 115 Facsimile: (03) 9963 6989 Email: [email protected]

Northern Australia PO Box 288, Red Hill Qld 4059 Telephone: 1300 850 115 Facsimile: (07) 3247 7100 Email: [email protected]

Western Australia PO Box 3061, Perth Adelaide Terrace WA 6832 Telephone: 1300 850 115 Facsimile: (08) 9461 2100 Email: [email protected]

ACMA ANNUAL REPORT 2005–06 59 APPENDIX 2: ACMA committees and attendance at meetings The following tables provide information about attendance at meetings in 2005–06. AUTHORITY MEETINGS At 30 June 2006, the Authority comprised the Chair, the Deputy Chair, one full-time Member and four part-time Members. The Authority met 21 times in 2005–06.

Table 20: Attendance by Members at Authority meetings

Authority member No. of meetings attended

Chris Chapman, Chair (appointed February 2006) 9

Lyn Maddock, Deputy Chair 18

Chris Cheah, Full-time Member 19

Professor Gerard Anderson, Part-time Member 20

Malcolm Long, Part-time Member 21

Johanna Plante, Part-time Member 21

Rod Shogren, Part-time Member 19

EXECUTIVE GROUP MEETINGS The ACMA Executive Group functioned as a senior oversighting committee for management decisions. The Executive Group assisted the Chair by providing counsel on issues of high-level corporate or strategic significance to the agency. The Executive Group met 39 times in 2005–06.

Table 21: Attendance at Executive Group meetings

Member of Executive Group* No. of meetings attended

Chris Chapman, Chair (appointed February 2006) 10

Lyn Maddock, as Deputy Chair 7

Lyn Maddock, as former Acting Chair 25

Chris Cheah, as Full-time Member 7

Chris Cheah, as former Acting Deputy Chair 24

Dianne Carlos, General Manager, Corporate Services Division (appointed March 2006) 8

Giles Tanner, General Manager, Inputs to Industry Division (transferred from ABA; appointed January 2006) 33

James Shaw, General Manager, Strategy, Analysis and Coordination Division (appointed February 2006) 11

Marcus Bezzi, General Manager, Legal Services Division (appointed January 2006) 12

Nerida O’Loughlin, General Manager, Industry Outputs Division (appointed March 2006) 10

Donald Robertson, Manager, Communications and Media 5

Eleanor Kay, Acting Executive Manager ,Corporate and Finance 11

John Neil, Acting General Manager, Telecommunications 24

Jonquil Ritter, General Council 23

Louise Harkness, Executive Manager, Communications and Infrastructure 31

Mark Loney, Executive Manager, Corporate and Finance 21

Maureen Cahill, Acting General Manager, Transition 27

Neil Shannon, Acting Executive Manager, Communications and Management 4

Paul White, Acting Executive Manager, Telecommunications 3

Allan Major, Executive Manager, Finance and Facilities and DoFA Review Branch 5 *Attendance reflects transitional arrangements while ACMA’s new internal structure was being finalised.

60 ACMA ANNUAL REPORT 2005–06 AUDIT COMMITTEE The Audit Committee is an important part of ACMA’s corporate governance framework, approving and overseeing delivery of the internal audit program, reviewing ACMA’s financial statements and ensuring coordination of internal and external audit activities as they affect ACMA. It also oversees the development of a comprehensive risk management framework and the implementation of fraud control policies. Reporting to the ACMA Chair, the audit committee met four times in 2005–06. Table 22: Audit Committee meetings attended

Members No. of meetings attended

Chris Cheah, Full-time Member (Chair) 4

Professor Gerard Anderson, Part-time Member 4

Vanessa Fanning, Independent Audit Committee Member 4

Maureen Cahill, Executive Manager, Strategy and Coordination Branch 3

Allan Major, Acting Executive Manager, Finance and Facilities Branch 4

ACMA ANNUAL REPORT 2005–06 61 Appendix 3: Staffing information

Table 23: Staff profiles by employment type, gender and location

ONGOING NON-ONGOING NATIONAL Full-time Part-time Full-time Part-time

Classification Male Female Male Female Male Female Male Female Total

1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06

SES 2 3 3 2 3 5

SES 1 8 7 4 4 12 11

EL2 36 37 19 14 2 3 5 1 1 2 2 63 59 Principal Lawyer 2 2 2 2 4 4 EL1 71 65 36 34 2 2 12 12 4 3 1 1 1 1 127 118 Senior Lawyer 3 1 5 5 4 2 12 8 ACMA 6 63 59 34 34 2 1 9 8 2 1 1 3 1 1 113 106

Lawyer 2 1 3

ACMA 5 48 48 20 14 1 1 5 5 2 3 76 71

ACMA 4 21 21 39 33 3 2 1 3 3 1 67 60

ACMA 3 17 16 16 18 1 2 2 1 1 37 37

ACMA 2 1 2 2 1 2 2 3 1 1 4 11

Graduate 3 4 1 3 4 7

ACMA 1 1 1

TOTAL 277 265 178 166 7 4 37 38 6 8 9 13 6 5 3 1 523 500

CANBERRA ONGOING NON-ONGOING CENTRAL OFFICE Full-time Part-time Full-time Part-time

Classification Male Female Male Female Male Female Male Female Total

1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06

SES 2 1 1 1 1 2

SES 1 4 3 1 1 5 4

EL2 19 19 10 4 2 1 1 2 32 26 Principal Lawyer 2 2 2 2 EL1 29 29 16 17 1 2 2 1 1 49 49 Senior Lawyer 2 2 4 2 8 2 ACMA 6 28 26 12 11 1 4 3 1 2 1 47 42

Lawyer 1 1

ACMA 5 12 10 13 6 1 1 2 1 2 27 21

ACMA 4 8 8 18 17 1 1 2 3 29 29

ACMA 3 4 8 7 9 1 1 12 18

ACMA 2 1 1 2 3 1 1 1 8

Graduate 1 2 1 1 2 3

ACMA 1

TOTAL 110 108 80 69 4 1 12 10 5 4 9 4 4 1 1 215 207

Continued/...

62 ACMA ANNUAL REPORT 2005–06 Continued from page 62 MELBOURNE ONGOING NON-ONGOING CENTRAL OFFICE Full-time Part-time Full-time Part-time

Classification Male Female Male Female Male Female Male Female Total

1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06

SES 2 1 1 1 1

SES 1 4 4 4 4

EL2 14 12 3 4 1 1 1 1 19 18 Principal Lawyer EL1 24 20 11 9 1 2 8 9 1 45 40 Senior Lawyer 1 1 2 1 3 ACMA 6 9 11 13 13 5 5 1 1 28 30

Lawyer 1 1 2

ACMA 5 3 6 3 4 2 3 1 1 9 14

ACMA 4 3 3 10 8 2 1 15 12

ACMA 3 1 1 1 1 2

ACMA 2 1 1 1 1 2 2

Graduate 2 1 1 2 2

ACMA 1

TOTAL 62 59 42 44 1 2 18 21 1 2 1 2 1 1 127 130

SYDNEY ONGOING NON-ONGOING CENTRAL OFFICE Full-time Part-time Full-time Part-time

Classification Male Female Male Female Male Female Male Female Total

1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06

SES 2 1 2 1 2

SES 1 3 3 3 3

EL2 1 3 4 5 2 3 1 8 11 Principal Lawyer 2 2 2 2 EL1 10 11 9 8 2 3 3 1 1 1 25 24 Senior Lawyer 3 3 3 3 ACMA 6 7 5 9 10 1 1 17 16

Lawyer

ACMA 5 1 2 2 1 3 3

ACMA 4 1 2 6 6 1 1 1 9 9

ACMA 3 2 3 4 1 1 4 7

ACMA 2

Graduate 1 1 2

ACMA 1

TOTAL 20 27 41 44 6 7 5 1 3 2 1 75 82

Continued/...

ACMA ANNUAL REPORT 2005–06 63 Continued from page 63 ONGOING NON-ONGOING REGIONS Full-time Part-time Full-time Part-time

Classification Male Female Male Female Male Female Male Female Total

1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06 1.7.05 30.6.06

SES 2

SES 1

EL2 2 3 2 1 4 4 Principal Lawyer EL1 8 5 8 5 Senior Lawyer ACMA 6 19 17 1 1 1 21 18

Lawyer

ACMA 5 33 31 2 2 1 1 37 33

ACMA 4 9 8 5 2 14 10

ACMA 3 13 6 5 4 1 1 20 10

ACMA 2 1 1 1 1

Graduate

ACMA 1 1 1

TOTAL 85 71 15 9 2 1 1 1 1 1 106 81

Table 24: Salary ranges under ACMA certified agreement

Equivalent APS Transition rate 1 Jan 2006 or 1 Jan 2007—4% ACMA local designation classification ($) certification—4.5% ($) ($)

ACMA 1.1 APS Level 1 32,572 34,038 35,399

ACMA 1.2 34,829 36,396 37,852

ACMA 2.1 APS Level 2 36,646 38,295 39,827

ACMA 2.2 39,217 40,982 42,621

ACMA 3.1 40,620 42,448 44,146

ACMA 3.2 41,677 43,552 45,295

ACMA 3.3 APS Level 3 42,735 44,658 46,444

ACMA 3.4 43,967 45,946 47,783

ACMA 4.1 45,273 47,310 49,203

ACMA 4.2 46,714 48,816 50,769

ACMA 4.3 APS Level 4 47,928 50,085 52,088

ACMA 4.4 49,255 51,471 53,530

ACMA 5.1 50,497 52,769 54,880

ACMA 5.2 APS Level 5 52,081 54,425 56,602

ACMA 5.3 53,622 56,035 58,276

ACMA 5.4 54,540 56,994 59,274

ACMA 6.1 55,897 58,412 60,749

ACMA 6.2 APS Level 6 57,428 60,012 62,413

ACMA 6.3 60,314 63,028 65,549

ACMA 6.4 62,911 65,742 68,372

Continued/...

64 ACMA ANNUAL REPORT 2005–06 Continued from page 64 Equivalent APS Transition rate 1 Jan 2006 or 1 Jan 2007—4% ACMA local designation classification ($) certification—4.5% ($) ($)

ACMA EL1.1 69,836 72,979 75,898

ACMA EL1.2 Executive Level 1 73,463 76,769 79,840

ACMA EL1.3 76,388 85,915 79,825

ACMA EL1.4 *(Restricted) 89,781 83,018 93,372

ACMA EL2.1 80,515 84,138 87,504

ACMA EL2.2 Executive Level 2 85,915 89,781 93,372

ACMA EL2.3 91,300 95,409 99,225

ACMA EL2.4 94,356 98,602 102,546

Lawyer/Legal Officer 1.1 APS Level 5 52,081 54,425 56,602

Lawyer/Legal Officer 1.2 APS Level 5 54,540 56,994 59,274

Lawyer/Legal Officer 1.3 APS Level 6 57,428 60,012 62,413

Lawyer/Legal Officer 1.4 APS Level 6 62,911 65,742 68,372

Snr Lawyer/Legal Officer 2.1 Exec Level 1 69,836 72,979 75,898

Snr Lawyer/Legal Officer 2.2 Exec Level 1 76,388 79,825 83,018

Snr Lawyer/Legal Officer 2.3 Exec Level 1 85,915 89,781 93,372

Principal Lawyer 3.1 Exec Level 2 91,300 95,409 99,225

Principal Lawyer 3.2 Exec Level 2 94,356 98,602 102,546

Tech Trainee 1 Trainee APS (Technical) 32,572 34,038 35,399

Tech Trainee 2 Trainee APS (Technical) 34,829 36,396 37,852

Tech Trainee 3 Trainee APS (Technical) 36,646 38,295 39,827

Tech Trainee 4 Trainee APS (Technical) 39,217 40,982 42,621

Graduate 1.1 Graduate APS 36,646 38,295 39,827

Graduate 1.2 Graduate APS 39,217 40,982 42,621

Graduate 1.3 APS Level 4 45,273 47,310 49,203

Employees on the former pay points listed below will be grandfathered and receive the same pay rise as other employees in accordance with clause 15 of the agreement.

ACA 2.4 APS Level 2 40,505 42,328 44,021

ACA G1.4 Graduate APS 40,505 42,328 44,021

ABA EL1.4 Executive Level 1 85,915 89,781 93,372

ABA EL2.5 Executive Level 2 96,579 100,925 104,962

ACA EL2.5 Executive Level 2 95,965 100,283 104,295

* Access to the EL1.4 pay point is restricted to employees locally designated as Snr Lawyer/Legal Officer Abbreviations used in this appendix: SES—Senior Executive Service, EL—Executive Level, APS—Australian Public Service

ACMA ANNUAL REPORT 2005–06 65 Appendix 4: Implementation of the Commonwealth Disability Strategy Under the Public Service Act 1999, ACMA is required to report on its performance in implementing the Commonwealth Disability Strategy. ACMA fulfilled the roles of regulator, purchaser, provider and employer as defined in the strategy. REGULATOR ROLE ACMA had key responsibilities related to access including: • licensing and monitoring of community broadcasting (Chapter 2); • monitoring the performance of the National Relay Service for people with communication impairment (Chapter 3); • monitoring the supply of customer equipment that enables people with disabilities to access the standard telephone service (Chapter 3); • ensuring industry compliance with consumer safeguards (Chapters 2 and 3); • administering the universal service obligation to ensure reasonable access for all Australians to standard telephone services and payphones on an equitable basis, wherever they reside or carry on business (Chapter 3); • reporting on telecommunications performance (Chapter 3); • providing consumer information in print and electronic formats (Chapter 4); and • conducting public consultations when making decisions (Chapters 2 to 4).

Table 25: Regulator role performance

Performance indicator TTY number was given in ACMA publications, on stationery and on the website. Consumer publications were published in print and on ACMA website in html and pdf formats, and mailed out to community groups, including disability organisations. Public information campaigns were conducted through the media, in ACMA publications and on Publicly available information on regulations and quasi- the website. regulations is available in accessible formats for people Information and advice was provided by telephone, mail, email or over the counter at regional with disabilities offices. Research was conducted to identify information needs of consumers to plan future consumer information campaigns. National Relay Service consumers were consulted through representative organisations on a consultative committee.

Broadcasting breach investigation reports were published on the ACMA website. Publicly available regulatory compliance reporting is Quarterly telecommunications performance data was published on the ACMA website. available in accessible formats for people with disabilities ACMA’s annual report to the Minister on telecommunications performance was distributed to consumer and disability organisations and published on the ACMA website.

PURCHASER ROLE ACMA purchased services and managed contracts for internal and external services. Table 26: Purchaser role performance Performance indicator

Publicly available information on agreed purchasing specifications are available in accessible formats for ACMA made every effort to provide purchasing specifications in an accessible format when people with disabilities requested.

Processes for purchasing goods and services with a direct impact on the lives of people with disabilities are When ACMA purchased goods or services for a person with a disability, the person concerned developed in consultation with people with disabilities was consulted.

Contractors for ACMA, in carrying out services or providing goods for a contract, were required Purchasing specifications and contract requirements for to comply with all relevant legislation of the Commonwealth (including the Disability the purchase of goods and services are consistent with Discrimination Act 1992). the requirements of the Disability Discrimination Act 1992 Suppliers were expected to comply with all relevant laws and any requirements of relevant authorities when supplying goods or services under the conditions of the ACMA purchase order.

Publicly available performance reporting against the purchase contract specifications requested in ACMA made every effort to provide performance reporting in an acceptable format when accessible formats for people with disabilities is requested. provided

Complaints and grievance mechanisms, including External and internal mechanisms exist for complaints and grievances to address concerns access to external mechanisms, are in place to address against performance. Usually, the first step was to contact the project officer or agency any concerns raised about performance procurement adviser to discuss any concerns.

66 ACMA ANNUAL REPORT 2005–06 PROVIDER ROLE ACMA provided radiocommunications licensing and interference investigation services direct to the public through its regional offices, as well as by telephone and email.

Table 27: Provider role performance Performance indicator

Providers have established mechanisms for quality A review of the ACMA structure was conducted and a new integrated structure developed to improvement and assurance ensure operations were linked to ACMA strategic directions and were efficient.

Providers have an established service charter that specifies the roles of the provider and consumer and An ACMA Customer Service Charter has been developed and is expected to be published later in service standards which address accessibility for people 2006. A report against the charter will be provided in ACMA’s annual report for 2006–07. with disabilities

Complaints and grievance mechanism, including access to external mechanisms, in place to address issues and Complaints about ACMA services could be lodged in person, by telephone or in writing with any concerns raised about performance ACMA office. Complaints were investigated and addressed at the appropriate level.

EMPLOYER ROLE ACMA staff were employed under the Public Service Act 1999 and Workplace Diversity Program was implemented (see Chapter 6 and Appendix 3). Table 28: Purchaser role performance Performance indicator

ACMA employment policies, procedures and practices complied with the Disability Discrimination Act 1992. Employment policies and procedures were covered by the Certified Agreement. The workplace Employment policies, procedures and practices comply diversity program and performance management framework facilitated the integration and with the requirements of the Disability Discrimination linkages of employment policies and procedures with diversity principles, including disability Act 1992 access and equity. Workplace issues were considered case by case in consultation with a medical professional (where appropriate) and staff member concerned.

Recruitment information for potential job applicants is available in accessible formats on request ACMA provided recruitment information in accessible formats on request.

Agency recruiters and managers apply the principle of Recruitment and selection guidelines provided assistance on workplace diversity and equity, ‘reasonable adjustment’ including ‘reasonable adjustment’.

ACMA training and development programs considered the needs of staff with disabilities. Training and development programs consider the Training rooms in Canberra and Melbourne offices were accessible by employees with disabilities. needs of staff with disabilities Attendance at training courses was predominantly through public programs, where consideration of the needs of employees with disabilities could be negotiated with the training provider.

Training and development programs include information on disability issues as they relate to the ACMA included information on disabilities issues within the broader context of valuing diversity. content of the program

Mechanisms for complaints and grievances, including access to external mechanisms, were in place to address issues raised by employees. Dispute resolution procedures and reviews of decisions affecting employment are outlined in the Certified Agreement in accordance with the Public Service Act 1999. Another internal mechanism, the Workplace Harassment Policy, guided the management of complaints relating to harassment, intimidation and discrimination. Complaints and grievance mechanism, including access to external mechanisms, in place to address issues and External mechanisms for reviewing decisions by the Australian Public Service Commissioner were concerns raised by staff also in operation. Other avenues of external address included the Human Rights and Equal Opportunity Commission, the Privacy Commissioner, and the Commonwealth Ombudsman. The Employee Assistance Program was offered by ACMA to provide free, confidential counselling to staff and members of their immediate families for a wide range of personal and/or work- related problems.

ACMA ANNUAL REPORT 2005–06 67 Appendix 5: Licensing and licence allocations

Table 29: Carrier licences issued, 2005–06

No. Carrier licence granted to Date granted

175 VoIP Networks Pty Ltd ACN 110 653 846 13 July 2005

176 Wackado Communications Pty Ltd ACN 113 555 267 15 July 2005

177 UnitedIP Pty Limited ACN 055 312 073 21 July 2005

178 Regional Internet Australia Pty Ltd ACN 111 514 599 21 July 2005

179 Puddlenet Pty Ltd ACN 114 619 975 27 July 2005

180 World Without Wires Pty Ltd ACN 108 833 781 27 July 2005

181 ACMnet Pty Ltd ACN 113 645 257 1 August 2005

182 Bluemaxx Communications Pty Ltd ACN 114 528 273 1 August 2005

183 Freecor International Pty. Limited ACN 007 065 527 11 August 2005

184 Project Eclectic R & D (SA) Pty Ltd ACN 089 968 918 18 August 2005

185 Access Wireless & Cable Pty Limited ACN 094 923 761 12 September 2005

186 Michael Parnell Pty. Limited ACN 063 981 359 12 September 2005

187 Export Mission Information Systems Pty Ltd ACN 065 699 372 12 September 2005

188 Broadband Anywhere Pty Ltd ACN 113 946 213 11 October 2005

189 New Skies Satellites Australia Pty Ltd ACN 114 962 248 11 November 2005

190 Mc Pherson Media Pty. Ltd. ACN 004 522 785 6 December 2005

191 Broadband Wireless Pty Ltd ACN 096 428 634 6 December 2005

192 Allegro Networks Pty Ltd ACN 101 425 094 8 December 2005

193 Ichthus Pty. Ltd. ACN 010 514 164 8 December 2005

194 Leading Edge Internet Pty Limited ACN 096 764 617 16 December 2005

195 Powernet Communications Pty Ltd ACN 099 887 902 16 December 2005

196 Widelinx Pty. Ltd. ACN 113 136 824 20 December 2005

197 AI TEL Pty Ltd ACN 116 247 002 6 February 2006

198 Clear Networks Pty Ltd ACN 111 273 566 10 February 2006

199 Radcomp Pty Ltd ACN 117 279 348 8 March 2006

200 Dragnet Internet Services Pty Ltd ACN 073 567 781 9 March 2006

201 Ace Internet Services Pty Ltd ACN 071 944 959 29 March 2006

202 Clublinks Telco Pty Ltd ACN 118 286 801 31 March 2006

203 Broadbandnet Pty Ltd ACN 105 565 222 3 April 2006

204 Nomad Networks Pty Ltd ACN 116 539 014 7 April 2006

205 Fibrelite Networks Pty. Ltd. ACN 117 126 306 10 April 2006

206 Auroracom Pty Ltd ACN 117 987 925 10 April 2006

207 Vernet Pty Ltd ACN 112 005 302 12 April 2006

208 Reeltime Media Limited ACN 085 462 362 23 May 2006

209 Wimax Telecom Pty. Ltd. ACN 118 546 535 29 May 2006

68 ACMA ANNUAL REPORT 2005–06 Table 30: Nominated carrier declarations, 2005–06

No. Nominated carrier Network unit(s) Date made

Single and multiple line links located in the municipality of Burnie and radiocommunication 74 Integrated Community facilities located in the municipalities of Burnie, Circular Head, Waratah-Wynyard, Central 12 September 2005 Networks Pty Ltd Coast, Devonport, Latrobe and Kentish and owned by Burnie City Council.

Designated radiocommunication facilities being base stations that are part of a terrestrial radiocommunications customer access network and located in the municipalities of Port 75 Oziplex Pty Ltd Stephens Council and Great Lakes Council and owned by Ward Enterprises Pty Ltd, ACN 7 November 2005 001 705 022.

PIPE Networks Single and multiple line links located in the municipality of the , Queensland 76 Limited and owned by Springfield Land Corporation Pty Limited. 20 December 2005

New Skies Satellites Designated radiocommunications facility, consisting of transponders on the NSS-5, NSS-6 77 Australia Pty Ltd and NSS-703 geostationary satellites owned by New Skies Satellites B.V. 7 February 2006

Single and multiple line links and designated radiocommunication facilities, being terrestrial base stations that are part of a customer access network and fixed radiocommunication 78 Pivit Pty Ltd links, located in the municipality of the City of Brisbane, Queensland and owned by the State 20 February 2006 of Queensland represented by the Department of Housing, ABN 86 504 771 740.

Single and multiple line links, located in the municipalities of the Adelaide City Council, City of Prospect, City of Port Adelaide Enfield, City of Salisbury, City of Playford, Town of Gawler, Light Regional Council, City of Charles Sturt, City of West Torrens, City of Marion, 79 Amcom Pty Ltd City of Holdfast Bay, City of Onkaparinga, City of Mitcham, City of Unley, The City of 17 March 2006 Burnside, The City of Norwood, Payneham and St Peters, Corporation of the Town of Walkerville and Campelltown City Council in South Australia and owned by SABRENet Ltd, ACN 115 957 090.

Single line links connecting distinct places in Australia that are fibre optical cores and overhead and underground electric power conductors fitted with broadband over powerlines equipment in Tasmania and owned by Aurora Energy Pty Ltd, ACN 082 464 622. Multiple line links connecting distinct places in Australia that are fibre optical cores and 80 Auroracom Pty Ltd overhead and underground electric power conductors fitted with broadband over 8 May 2006 powerlines equipment in Tasmania and owned by Aurora Energy Pty Ltd, ACN 082 464 622. Designated radiocommunications facilities utilising the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 in Tasmania and owned by Aurora Energy Pty Ltd, ACN 082 464 622.

Single and multiple line links and designated radiocommunications facilities in the municipalities of the Council, Boonah Shire Council, Brisbane City Council, Cambooya Shire Council, Clifton Shire Council, Crows Nest Shire Council, Gatton Shire 81 Oziplex Pty Ltd Council, Inglewood Shire Council, Ipswich City Council, Jondaryan Shire Council, Laidley 12 May 2006 Shire Council, Logan City Council, Shire of Stanthorpe, Council, City Council and Shire of Warwick owned by HaleNET Pty Ltd, ACN 082 330 121.

Designated radiocommunication facilities in the municipalities of Lithgow City Council, 82 Oziplex Pty Ltd Oberon Council, Bathurst Regional Council and Mid-Western Regional Council owned by 12 May 2006 L.I.S.P. Pty. Limited, ACN 071 617 966.

Single and multiple line links and designated radiocommunications facilities located within the municipalities of City Council, Hervey Bay City Council and Maryborough 83 Widelinx Pty Ltd City Council in the State of Queensland and owned by Hervey Bay City Council, ABN 47 689 14 June 2006 673 629.

Bright Telecommunications Single and multiple line links and designated radiocommunications facilities owned by 84 Pty Ltd Electricity Networks Corporation, ABN 18 540 492 861 and located in Western Australia. 22 June 2006

ACMA ANNUAL REPORT 2005–06 69 Table 31: Retransmission services, 2005–06

R/TV Area State Applicant Frequency/channel Period R Bourke NSW Bourke Shire Council 2JJJ 22/02/06–21/02/07 TV Captains Flat NSW Palerang Council ABC 16/05/06–15/05/07 TV Captains Flat NSW Palerang Council SBS 16/05/06–15/05/07 TV Cobar NSW Cobar Shire Council IMP 25/08/06–24/08/11 R Cobar NSW Cobar Shire Council 2ABCFM 17/10/05 - 16/10/10 R Cobar NSW Cobar Shire Council 2JJJ 17/10/05 - 16/10/10 R Crookwell NSW Upper Lachlan Shire Council 2JJJ 17/07/06–16/07/07 R Ivanhoe NSW Central Darling Shire Council 2ABCFM 26/01/06–25/01/11 R Jindabyne NSW Snowy River Shire Council 2JJJ 11/09/06–10/09/07 R Jindabyne NSW Snowy River Shire Council 2ABCFM 11/09/06–10/09/07 R Lightning Ridge NSW Walgett Shire Council 2ABCFM 16/11/05–15/11/10 R Lightning Ridge NSW Walgett Shire Council 2SBSFM 16/11/05–15/11/10 TV Sydney NSW The Bridge Networks Pty Ltd 29 18/07/05–22/07/05 R Tenterfield NSW Rebel Radio Network 4BRZ 06/02/06–05/02/07 R Tumbarumba NSW Tumbarumba Shire Council 2ABCRR 20/01/06–16/01/11 R Tumbarumba NSW Tumbarumba Shire Council 2ABCRN 17/01/05–16/01/11 R Tumbarumba NSW Tumbarumba Shire Council 2JJJ 17/01/05–16/01/11 R Vacy NSW Special broadcasting Service 28 25/01/06–24/01/11 R Walgett NSW Walgett Shire Council 2ABCFM 16/11/05–15/11/10 R Adelaide River NT Coomalie Community Government Council 8JJJ 21/11/05–20/11/10 R Ali Curung NT Ali Curung Council Association Inc 8JJJ 09/01/06–08/01/07 TV Ali Curung NT Ali Curung Council Association Inc ABD 09/01/06–08/01/07 TV Ali Curung NT Ali Curung Council Association Inc SBS 09/01/06–08/01/07 TV Ayluen NT Anmatjere Community Gov Council ABD 09/01/06–08/01/07 TV Ayluen NT Anmatjere Community Gov Council IMP 09/01/06–08/01/07 TV Ayluen NT Anmatjere Community Gov Council QQQ 09/01/06–08/01/07 TV Ayluen NT Anmatjere Community Gov Council SBS 09/01/06–08/01/07 R Barunga NT Nyirranggulung Mardulk Ngadberre Regional Council 8JJJ 29/11/05–28/11/06 R Batchelor NT Batchelor Institute of Indigenous Education 8JJJ 16/01/06–15/01/11 R Beswick NT Nyirranggulung Mardulk Ngadberre Regional Council 8JJJ 29/11/05–28/11/06 R Borroloola NT Borroloola Community Government Council 8JJJ 29/11/05 -28/11/06 TV Brunette Downs Station NT Australian Agricultural Company ABC 18/08/05–17/08/10 R Brunette Downs Station NT Australian Agricultural Company ABCRR 18/08/05–17/08/10 TV Brunette Downs Station NT Australian Agricultural Company IMP 18/08/05–17/08/10 TV Brunette Downs Station NT Australian Agricultural Company QQQ 18/08/05–17/08/10 TV Brunette Downs Station NT Australian Agricultural Company SBS 18/08/05–17/08/10 R Daguragu NT Daguragu Community Government Council 8JJJ 07/11/05–06/11/06 R Daly River NT Nauiyu Manbiyu Community Government Council 8JJJ 01/12/05–30/11/06 R Elliott NT Elliot District Community Government Council 8ABCRR 20/04/06–19/04/11 R Engawala NT Anmatjere Community Gov Council 8KIN 09/01/06–08/01/07 TV Engawala NT Anmatjere Community Gov Council ABD 09/01/06–08/01/07 TV Engawala NT Anmatjere Community Gov Council IMP 09/01/06–08/01/07 TV Engawala NT Anmatjere Community Gov Council QQQ 09/01/06–08/01/07 TV Engawala NT Anmatjere Community Gov Council SBS 09/01/06–08/01/07 R Engawala NT Anmatjere Community Gov Council 8ABCRR 05/09/06–04/09/07 R Galiwin’ku NT Galiwin’ku Community Inc 8JJJ 12/12/05–11/12/06 R Gulin Gulin (Bulman) NT Gulin Gulin Community Council Aboriginal Corp 8JJJ 29/11/05–28/11/06 R Hodgson Downs NT Alawa Aboriginal Corporation 8ABCRR 02/06/06–31/05/11 R Imangara NT Ali Curung Council Association Inc 8ABCRR 05/09/06–04/09/07 R Imangara NT Ali Curung Council Association Inc 8ABCRN 05/09/06–04/09/07 TV Imangara NT Ali Curung Council Association Inc ABD 28/08/06–24/08/07 TV Imangara NT Ali Curung Council Association Inc IMP 28/08/06–24/08/07 TV Imangara NT Ali Curung Council Association Inc QQQ 28/08/06–24/08/07 TV Imangara NT Ali Curung Council Association Inc SBS 28/08/06–24/08/07 R Jabiru NT Jabiru Town Council 8PNN 17/07/06–16/07/07 R Kalkaringi NT Daguragu Community Government Council 8ABCRR 07/11/05–06/11/06 R Katherine NT Katherine Community Radio 8JJJ 06/04/06–05/04/07 R Katherine NT Katherine Community Radio 8ABCFM 06/04/06–05/04/07

Continued/...

70 ACMA ANNUAL REPORT 2005–06 Continued from page 70 R/TV Area State Applicant Frequency/channel Period R Kintore NT Walungurry Community Council Inc 8ABCRN 05/09/06–04/09/07 R Kintore NT Walungurry Community Council Inc 8JJJ 09/01/06–08/01/07 R Knocker Bay NT Paspaley Pearls 8ABCRN 06/10/05–05/10/10 TV Knocker Bay NT Paspaley Pearls ABD58 06/10/05–05/10/10 TV Knocker Bay NT Paspaley Pearls IMP 06/10/05–05/10/10 TV Knocker Bay NT Paspaley Pearls QQQ 06/10/05–05/10/10 TV Knocker Bay NT Paspaley Pearls SBS 06/10/05–05/10/10 R Lajamanu NT Lajamanu Community Gov Council 8ABCRN 05/09/06–04/09/07 R Lajamanu NT Lajamanu Community Gov Council 8JJJ 09/01/06–08/01/07 TV Lajamanu NT Lajamanu Community Gov Council IMP 09/01/06–08/01/07 TV Lajamanu NT Lajamanu Community Gov Council QQQ 09/01/06–08/01/07 TV Lajamanu NT Lajamanu Community Gov Council SBS 09/01/06–08/01/07 R Laramba NT Laramba Council 8ABCRN 05/09/06–04/09/07 R Laramba NT Laramba Council ABCRR 05/09/06–04/09/07 R Laramba NT Laramba Council 8JJJ 09/01/06–08/01/07 R Laramba NT Laramba Council 8KIN 09/01/06–08/01/07 R Maningrida NT Mangrida Community Council 8JJJ 16/01/06 -15/01/11 TV Melville Island NT Sylvatech Forestry QQQ 12/12/05–11/12/10 TV Melville Island NT Sylvatech Forestry ABD 12/12/05–11/12/10 TV Melville Island NT Sylvatech Forestry IMP 12/12/05–11/12/10 TV Melville Island NT Sylvatech Forestry SBS 12/12/05–11/12/10 R Millingimbi NT Millingimbi Community Council ABCRN 5YR Annual R Millingimbi NT Millingimbi Community Council ABCRR 5YR Annual R Millingimbi NT Millingimbi Community Council JJJ 5YR Annual R Mt Liebig NT Watiyawanu Community Gov Council 8KIN 18/05/06–17/05/07 R Mt Liebig NT Watiyawanu Community Gov Council 8ABCRN 18/05/06–17/05/07 R Mt Liebig NT Watiyawanu Community Gov Council 8JJJ 18/05/06–17/05/07 R Mt Liebig NT Watiyawanu Community Gov Council 8ABCRR 18/05/06–17/05/07 R Ngukurr NT Yungul Mangi Community Government Council 8JJJ 29/11/05–28/11/06 TV Nturiya NT Anmatjere Community Gov Council QQQ 09/01/06–08/01/07 R Numbulwar NT Numbulwar Council 8JJJ 07/11/05–06/11/06 R Nyirripi NT Nyirripi Community Council 8ABCRR 18/05/06–17/05/07 R Nyirripi NT Nyirripi Community Council 8JJJ 09/01/06–08/01/07 R Nyirripi NT Nyirripi Community Council 8KIN 09/01/06–08/01/07 R Palumpa NT Nganmarriyanga Community 8ABCRN 14/10/05–13/10/10 TV Pmara Jutunta NT Anmatjere Community Gov Council QQQ 09/01/06–08/01/07 R Port Bremmmer NT Paspaley Pearls 8ABCRN 06/10/05–05/10/10 TV Port Bremmmer NT Paspaley Pearls ABD 06/10/05–05/10/10 TV Port Bremmmer NT Paspaley Pearls IMP 06/10/05–05/10/10 TV Port Bremmmer NT Paspaley Pearls QQQ 06/10/05–05/10/10 TV Port Bremmmer NT Paspaley Pearls SBS 06/10/05–05/10/10 R Port Keats NT Thamarrur Regional Council ABCRN 10/10/05–9/10/10 R Port Keats NT Thamarrur Regional Council JJJ 10/10/05–9/10/10 R Tennant Creek NT Tennant Creek Town Council 8JJJ 08/06/06–07/06/07 R Ti Tree NT Anmatjere Community Gov. Council 8ABCRN 09/01/06–08/01/07 R Willowra NT Willowra Community Inc 8JJJ 09/01/06–08/01/07 TV Willowra NT Willowra Community Inc IMP60 09/01/06–08/01/07 R Wilora NT NT Anmatjere Community Gov Council 8ABCRR 13/03/06–12/03/07 R Wilora NT NT Anmatjere Community Gov Council 8KIN 13/03/06–12/03/07 TV Wilora NT NT Anmatjere Community Gov Council ABD 13/03/06–12/03/07 TV Wilora NT NT Anmatjere Community Gov Council IMP 13/03/06–12/03/07 TV Wilora NT NT Anmatjere Community Gov Council QQQ 13/03/06–12/03/07 TV Wilora NT NT Anmatjere Community Gov Council SBS 13/03/06–12/03/07 TV Yirrkala NT Yirrkala Dhanbul Community Council ABD 13/02/06–12/02/07 TV Yirrkala NT Yirrkala Dhanbul Community Council SBS 13/02/06–12/02/07 TV Yirrkala NT Yirrkala Dhanbul Community Council IMP 13/02/06–12/02/07 TV Yirrkala NT Yirrkala Dhanbul Community Council QQQ 13/02/06–12/02/07 R Yirrkala NT Yirrkala Dhanbul Community Council 8ABCRR 26/05/06–25/05/2011 R Yuelamu NT Yuelamu Community Council Inc 8JJJ 05/09/06–04/09/07 R Yuelamu NT Yuelamu Community Council Inc 8ABCRN 31/01/06–30/01/07

Continued/...

ACMA ANNUAL REPORT 2005–06 71 Continued from page 71 R/TV Area State Applicant Frequency/channel Period R Yuelamu NT Yuelamu Community Council Inc 8KIN 31/01/06–30/01/07 R Yuendumu NT Yuendumu Community Government Council 8JJJ 09/01/06–08/01/07 R Yuendumu NT Yuendumu Community Government Council 8ABCRN 09/01/06–08/01/07 R Airlie Beach Qld Whitsunday Shire Council 4SBSFM 24/07/06–23/07/11 TV Ayr Qld Regional Television P/L 53 01/01/06–31/12/10 R Ayton Qld Cook Shire Council 4ABCRN 12/12/05–11/12/06 R Banana Qld Rebel Radio Network 89.7 1/10/05–30/9/06 R Bedourie Qld Diamantina Shire Council 4SBSFM 24/05/06–23/05/11 R Bedourie Qld Diamantina Shire Council 4JJJ 20/06/06–19/06/11 R Birdsville Qld Diamantina Shire Council 4SBSFM 24/05/06–23/05/11 R Birdsville Qld Diamantina Shire Council 4JJJ 20/06/06–19/06/11 R Blackall Qld Blackall Shire Council 4SBSFM 24/07/06–23/07/11 R Carmila Qld Broadsound Shire Council 4ABCRN 20/03/06–19/03/2011 R Chillagoe Qld Mareeba Shire Council 4ABCFM 10/10/05–09/10/10 R Clermont Town Qld Belyando Shire Council 4SBSFM 24/07/06–23/07/11 R Cooktown Qld Cook Shire Council 4ABCFM 12/12/05–11/12/06 R Cooktown Qld Rebel FM 4RBL 9/6/06–3/10/09 TV Cracow Qld Newcrest Mining Limited SBSTV 20/07/06–19/07/11 R Cunnamulla Qld Paroo Shire Council 4JJJ 12/12/05–11/12/10 R Curragh North Qld Thiess Pty Ltd 4HI (AM) 21/08/06–20/08/2011 R Dingo Beach Qld Whitsunday Shire Council 4SBSFM 24/07/06–23/07/11 TV Einasleigh Qld Etheridge Shire Council SBS 20/02/06–19/02/07 TV Forsayth Qld Etheridge Shire Council SBS 20/02/06–19/02/07 R Glenden Town Qld Nebo Shire Council 4SBSFM 24/07/06–23/07/11 R Goonyella/Riverside Mine Qld BM Alliance Coal Operations Pty Ltd 4HIT 17/08/05–16/08/05 R Hope Vale Qld Hope Vale Aboriginal Council 4JJJ 29/11/05–28/11/06 R Jundah Qld Barcoo Shire Council 4ABCRN 12/12/05 -11/12/06 R Kowanyama Qld Kowanyama Aboriginal Council 4JJJ 12/12/05 -11/12/06 R Lockhart River Qld Lockhart Aboriginal Council 104.5 14/02/06–13/02/11 R Monto Qld Rebel Radio Network 100.3 1/10/05–30/9/06 R Moranbah Town Qld Belyando Shire Council 4SBSFM 24/07/06–23/07/11 TV Mount Surprise Qld Etheridge Shire Council SBS 20/02/06–19/02/07 R Nebo Qld Nebo Shire Council 4SBSFM 24/07/06–23/07/11 R Pormpuraaw Qld Pormpuraaw Aboriginal Council 4JJJ 12/12/05 -11/12/06 R Proserpine Qld Whitsunday Shire Council 4SBSFM 11/09/06–10/09/07 R Scotsdale Station Qld Radio 4VL 4VL 11/09/06–10/09/11 R St Lawrence Qld Broadsound Shire Council 4ABCRN 20/03/06–19/03/2011 R Stonehenge Qld Barcoo Shire Council 4ABCRN 12/12/05 -11/12/06 R Thallon Qld Balonne Shire Council 4ABCRN 09/01/06–08/01/11 R Thallon Qld Balonne Shire Council 4ABCFM 09/01/06–08/01/11 R Thallon Qld Balonne Shire Council 4SBSFM 09/01/06–08/01/11 TV Thallon Qld Balonne Shire Council IMP 09/01/06–08/01/11 TV Thallon Qld Balonne Shire Council QQQ 09/01/06–08/01/11 TV Thallon Qld Balonne Shire Council ABQ 09/01/06–08/01/11 TV Thallon Qld Balonne Shire Council SBS 09/01/06–08/01/11 R Windorah Qld Barcoo Shire Council 4ABCRN 12/12/05 -11/12/06 TV Burra SA Regional Council of Goyder SBS 16/05/06–15/05/2011 TV Burra SA SA Spencer Gulf Telecasters GTSSGS 17/10/05–16/10/10 TV Clare SA SBS SBS 20/11/05–19/11/10 R Coober Pedy SA District Council of Coober Pedy 5JJJ 13/07/06–12/07/07 R Coober Pedy SA District Council of Coober Pedy 5SBSFM 13/07/06–12/07/07 R Cosy Corner SA 5AU Broadcasters P/L 5RIV 18/08/05–25/08/06 TV Quorn SA SA Spencer Gulf Telecasters GTSSGS 17/10/05–16/10/10 R Winter Hill SA City of Port Lincoln 5ABCFM 02/09/2005–01/09/10 R Queenstown Tas West Coast Council 7JJJ 17/07/06–16/07/07 R Rosebery Tas West Coast Council 7JJJ 17/07/06–16/07/07 R Strahan Tas West Coast Council 7JJJ 17/07/06–16/07/07 TV Eskdale Vic Broadribb Community Repeater Group VTV58 22/3/06–21/3/07 TV Eskdale Vic Broadribb Community Repeater Group AMV 61 22/3/06–21/3/07 TV Eskdale Vic Broadribb Community Repeater Group GLV64 22/3/06–21/3/07

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72 ACMA ANNUAL REPORT 2005–06 Continued from page 72 R/TV Area State Applicant Frequency/channel Period R Flowerdale Vic Murrindindi Shire Council ABCRN 09/01/06–08/01/07 R Flowerdale Vic Murrindindi Shire Council ABCRR 09/01/06–08/01/07 R Flowerdale & Hazeldene Vic Upper Goulburn Community Radio Inc 3UGE - 98.9 MHz 24/3/06 - 23/3/07 TV Tidal River Vic Parks Victoria ABLV67 12/9/05–11/09/05 TV Tidal River Vic Parks Victoria AMV58 12/9/05–11/09/05 TV Tidal River Vic Parks Victoria GLV64 12/9/05–11/09/05 TV Tidal River Vic Parks Victoria SBS55 12/9/05–11/09/05 TV Tidal River Vic Parks Victoria VTV64 12/9/05–11/09/05 TV Badingarra WA Waddi Farm ABW 09/01/06–08/01/07 R Balgo WA Wirrimanu Aboriginal Corporation 8JJJ 10/11/05–09/11/06 R Beagle Bay WA Beagle Bay Community Inc 6JJJ 09/01/06–08/01/11 R Billiluna WA Mindibungu Aboriginal Corporation 8JJJ 12/12/05–11/12/06 R Borden WA Shire of Gnowangerup 6JJJ 27/02/06–26/02/11 R Bremer Bay WA Shire of Jerramangup 6JJJ 16/11/05–15/11/10 R Broome WA Shire of Broome 6ABCFM 14/09/06–13/09/07 R Coral Bay WA Coral Bay Progress Association ABCRR 20/10/05–19/10/06 TV Coral Bay WA Coral Bay Progress Association SBSTV 20/10/05–19/10/06 R Derby WA Shire of Derby/West Kimberley 6JJJ 13/02/06–12/02/07 R Gairdner WA Shire of Jerramangup 6JJJ 20/09/05–19/09/06 R Gnowangerup WA Shire of Gnowangerup 6JJJ 27/02/06–26/02/11 R Hope Downs Mine WA Hamersley Iron Pty Ltd 6FMS 13/03/06–12/03/07 R Hope Downs Mine WA Hamersley Iron Pty Ltd 6SAT 13/03/06–12/03/07 R Hope Downs Mine WA Hamersley Iron Pty Ltd 6ABCRR 13/03/06–12/03/07 R Hope Downs Mine WA Hamersley Iron Pty Ltd 6JJJ 13/03/06–12/03/07 R Jurien Bay WA Shire of Dandaragan 6ABCFM 14/10/05–13/10/10 R Jurien Bay WA Shire of Dandaragan 6JJJ 14/10/05–13/10/10 TV Koorda WA Shire of Koorda SBS61 10/10/05–09/10/10 R Kununurra WA Shire of Wyndham-East Kimberley 6ABCFM 17/07/06–16/07/07 TV Laverton WA Shire of Laverton WAW57 27/10/05–26/10/10 R Marble Bar WA Shire of East Pilbara 6JJJ 01/12/05–30/11/05 TV Margaret River WA SBS SBS 20/11/05–19/11/10 R Marvel Loch WA St Barbara Limited 6FMS 23/06/06–22/06/09 R Monkey Mia WA Monkey Mia Dolphin Resort 6ABCRN 10/10/05–09/10/10 TV Monkey Mia WA Monkey Mia Dolphin Resort ABC 10/10/05–09/10/10 TV Monkey Mia WA Monkey Mia Dolphin Resort SBS 10/10/05–09/10/10 TV Monkey Mia WA Monkey Mia Dolphin Resort WAW 10/10/05–09/10/10 TV Monkey Mia WA Monkey Mia Dolphin Resort WOW 10/10/05–09/10/10 R Morawa WA Shire of Morawa 6JJJ 09/01/06–08/01/11 R Mulan WA Mulan Aboriginal Corporation 6JJJ 06/04/06–05/04/07 R Murrin Murrin Mine Site WA Murrin Murrin Operations P/L 6JJJ 20/07/06–19/07/11 R Murrin Murrin Mine Site WA Murrin Murrin Operations P/L 6ABCRR 20/07/06–19/07/11 R Murrin Murrin Mine Site WA Murrin Murrin Operations P/L 6FMS 20/07/06–19/07/11 TV Norseman WA Shire of Dundas SBS66 24/10/05–23/10/10 R Nullagine WA Shire of East Pilbara 6JJJ 01/12/05–30/11/10 R Ongerup WA Shire of Gnowangerup 6JJJ 27/02/06–26/02/11 R Onslow WA Onslow Salt Pty Ltd 6JJJ 04/01/06–03/01/11 R Oombulgurri WA Oombulgurri Community 8JJJ 09/01/06–08/01/07 R Ore Body Terminal 18 NewmanWA BHP Billiton 6FMS 20/06/06–19/06/07 R Ore Body Terminal 18 NewmanWA BHP Billiton 6ABCRR 20/06/06–19/06/07 R Panawonica WA Robe River Iron Associates 6FMS 06/09/05–05/09/10 TV Seabird WA Owners of Seabird Caravan Park ABW55 15/08/05–14/08/05 TV Seabird WA Owners of Seabird Caravan Park NEW64 15/08/05–14/08/05 TV Seabird WA Owners of Seabird Caravan Park SBS67 15/08/05–14/08/05 TV Seabird WA Owners of Seabird Caravan Park STW61 15/08/05–14/08/05 TV Seabird WA Owners of Seabird Caravan Park TVW58 15/08/05–14/08/05 R Tom Price WA Hamersley Iron Pty Limited 6ABCRR 13/07/06–18/04/11 R Wiluna WA Shire of Wiluna 6ABCRN 16/11/05–15/11/10 R Wyndham WA Shire of Wyndham-East Kimberley 6ABCFM 17/07/06–16/07/07 R Yungngora/Noonkanbah WA Yungngora Community Council 6JJJ 02/12/05–01/12/06

ACMA ANNUAL REPORT 2005–06 73 Table 32: Licences for national services, 2005–06

Radio/TV Area Broadcaster Frequency/channel Licence No Licence period

Radio Canberra SBS 1440 kHz 1144546 6/3/2006 – 5/3/2007

Radio Wollongong SBS 1035 kHz 1144543 05/12/2005 – 04/12/2010

TV Caralue Bluff SBS 765.198 MHz 1144607 08/12/2005 – 07/12/2010

TV Condobolin SBS 723.224 MHz 1147955 03/04/06 – 02/04/2011

TV Collinsville SBS 695.198 1148177 12/04/2006 – 11/04/2011

TV Monto, Qld SBS 702.25 MHz 1149023 06/06/2006 – 05/06/2011

TV Cobden, Vic SBS 800.224 MHz 1149024 06/06/2006 – 05/06/2011

TV Lileah, Tas SBS 702.224 MHz 1149025 06/06/2006 – 05/06/2011

TV Queenstown, Tas SBS 723.224 MHz 1149026 06/06/2006 – 05/06/2011

Table 33: Test transmissions, 2005–06

Broadcaster Area/state Frequency/channel Test period

SBS Shute Harbour 53 10/7/05 – 9/10/05

SBS Proserpine 55 08/08/05 – 07/02/06

5EZY Mt Barker, SA 100.3 MHz 16/08/05 – 15/11/05

6IX Wanneroo, WA 105.7 MHz 19/10/05 – 18/4/06

NRN Murwillumbah 557.5 MHz/ Ch52 1/9/05 – 31/1/06

WIN Hervey Bay 767.625 MHz/ Ch62 1/9/05 – 30/11/05

WIN Yeppoon 795.625 MHz/ Ch66 1/9/05 – 30/11/05

WIN Rockhampton East 795.5 MHz/ Ch66 1/9/05 – 30/11/05

WIN Boyne Island 788.5 MHz/ Ch65 1/9/05 – 30/11/05

ABC Stuart, Qld 711.5 MHz/Ch 54 1/10/05 – 31/12/05

SBS Stuart, Qld 690.5 MHz/Ch.51 21/10/05 – 20/4/06

SBS Herberton, Qld 718.5 MHz/Ch55 26/10/05 – 25/4/06

SBS Atherton 718.5 MHz/ Ch55 21/10/05 – 20/4/06

ABC Launceston, Tas 91.7 MHz 24/11/05 – 23/02/06

ABC Gold Coast, Qld 674.25 MHz/Ch49 3/1/06 – 2/4/06

NEN Gold Coast, Qld 779.25 MHz/Ch64 3/1/06 – 2/4/06

NBN Gold Coast, Qld 800.25 MHz/Ch67 3/1/06 – 2/4/06

NRN Gold Coast, Qld 716.25 MHz/Ch55 3/1/06 – 2/4/06

QTQ Gold Coast, Qld 737.25 MHz/Ch58 3/1/06 – 2/4/06

TVQ Gold Coast, Qld 653.25 MHz/Ch46 3/1/06 – 2/4/06

BTQ Gold Coast, Qld 695.25 MHz/Ch52 3/1/06 – 2/4/06

SBS Gold Coast, Qld 758.25 MHz/Ch61 3/1/06 – 2/4/06

Melbourne, Vic 578.5 MHz/Ch35 01/02/06 – 12/03/06

ABC Texas, Qld 725.5 MHz/Ch56 01/02/06 – 30/04/06

Southern State Broadcasters Pty Ltd (ARN) Adelaide 1323 kHz 08/06/06 – 25/08/06

TJH Systems P/L Wollongong NSW 1386 KHz 22/05/06 – 30/09/06

SBS Stuart, Qld 690.5 MHz/Ch.51 21/10/05 – 20/4/06

SBS Herberton, Qld 718.5 MHz/Ch55 26/10/05 – 25/4/06

SBS Atherton 718.5 MHz/ Ch55 21/10/05 – 20/4/06

74 ACMA ANNUAL REPORT 2005–06 Table 34: Digital licences, 2005–06

Area State Broadcaster Channel Licence period North NSW ABC 31 1/10/05–30/09/05 Albury North NSW SBS 29 22/9/05–21/9/10 Bairnsdale NSW SBS 52 29/06/05–28/09/06 Batemans Bay/Moruya NSW CTC 63 7/11/05–28/5/06 Bombala NSW ABC 62 01/11/05–31/10/10 Cooma (Town) NSW WIN 61 1/11/05–31/7/06 Cooma Monaro NSW ABC 29 17/11/05–31/10/106 Cooma/Monaro NSW WIN 40 1/11/05–31/7/06 Cooma/Monaro NSW CTC 32 25/11/05–30/06/06 Eden NSW CTC 64 25/11/05–28/5/06 Foster NSW SBS 59 1/2/05–31/7/06 Gloucester NSW SBS 31 27/5/05–26/8/06 Grafton/Kempsey NSW NBN 33 28/3/06–10/6/06 Lithgow NSW CTC 34 7/11/05–28/5/06 Lithgow East NSW CTC 62 7/11/05–28/5/06 Mudgee NSW SBS 67 22/06/05–21/09/06 Murwillumbah NSW NRN 32 1/9/05–31/1/06 Narooma NSW CTC 62 7/11/05–28/5/06 Nowra North NSW CTC 40 7/11/05–28/5/06 Portland/Wallewarang NSW CTC 62 7/11/05–28/5/06 Richmond/Tweed NSW NRN 38 12/8/05–3/10/07 Ulladulla NSW CTC 46 25/11/05–28/5/06 Upper Hunter NSW SBS 64 28/06/05–27/09/06 Airlie Beach Qld TNQ 41 6/2/06–17/10/06 Airlie Beach Qld ABC 50 19/7/2005–18/7/10 Airlie Beach Qld STQ 47 26/8/05–3/10/07 Airlie Beach Qld RTQ 44 1/11/05–17/10/06 Albury North Qld VTV 61 1/11/05–31/10/06 Ayr Qld ABC 62 1/10/05–30/09/05 Ayr Qld RTQ 65 1/11/05–17/10/06 Bairnsdale Qld VTV 62 1/11/05–31/10/06 Bell Qld ABC 55 01/05/06–30/04/11 Qld VTV 54 1/11/05–31/10/06 Bowen Qld RTQ 43 1/11/05–17/10/06 Bowen Town Qld TNQ 40 14/12/05–17/10/06 Boyne Island Qld TNQ 62 26/10/05–17/10/06 Boyne Island Qld RTQ 65 22/11/05–17/10/06 Boyne Island Qld RTQ 65 1/9/05–30/11/05 Charters Towers Qld TNQ 60 14/12/05–17/10/06 Charters Towers Qld RTQ 63 1/11/05–17/10/06 Churchill Qld VTV 50 1/11/05–31/10/06 Collinsville Qld ABC 56 01/03/06–28/02/11 Eidsvold Qld ABC 56 01/11/05–31/10/10 Emerald Qld RTQ 7 1/11/05–17/10/06 Foster Qld VTV 65 1/11/05–31/10/06 Gladstone East Qld TNQ 42 26/10/05–17/10/06 Gladstone West Qld TNQ 49 26/10/05–17/10/06 Goondiwindi Qld ABC 56 01/02/06–31/01/11 Herberton Qld ABC 67 17/10/05–16/10/10 Hervey Bay Qld TNQ 68 26/10/05–17/10/06 Hervey Bay Qld SBS 53 21/06/05–20/09/06 Hervey Bay Qld RTQ 62 22/11/05–17/10/06 Hervey Bay Qld RTQ 62 1/9/05–30/11/05 Horsham Qld VTV 52 1/11/05–31/10/06 Kiewa Qld VTV 46 1/11/05–31/10/06 Mareeba Qld ABC 42 17/10/05 - 16/10/10 Miles Qld ABC 63 01/03/06–31/05/06 Miriam Vale Qld ABC 56 01/11/05–31/10/10 Mission Beach Qld ABC 56 01/03/06–28/02/11 Monto Qld ABC 57 01/05/06–30/04/11 Mossman Qld ABC 40 1/10/05–30/09/05 Mossman Qld SBS 38 25/9/05–24/9/10 Murgon Qld ABC 56 01/03/06–25/02/11 Port Douglas Qld ABC 54 1/10/05–30/09/05

Continued/... ACMA ANNUAL REPORT 2005–06 75 Continued from page 75 Area State Broadcaster Channel Licence period Portland Qld VTV 56 1/11/05–31/10/06 Proserpine Qld TNQ 61 6/2/06–17/10/06 Proserpine Qld ABC 52 1/9/05–31/08/05 Proserpine Qld STQ 58 26/8/05–3/10/07 Proserpine Qld RTQ 64 1/11/05–17/10/06 Ravenshoe Qld ABC 42 01/03/06 -28/02/11 Redlynch Qld ABC 61 1/9/05–31/08/05 Redlynch Qld SBS 58 22/8/05–21/8/10 Rockhampton East Qld RTQ 66 22/11/05–17/10/06 Rockhampton East Qld RTQ 66 1/9/05–30/11/05 Shute Harbour Qld TNQ 62 6/2/06–17/10/06 Shute Harbour Qld SBS 53 10/7/05–9/10/06 Shute Harbour Qld STQ 59 26/8/05–3/10/07 Shute Harbour Qld RTQ 65 1/11/05–17/10/06 Stuart Qld ABC 54 01/10/06 -30/09/07 Sunshine Coast Qld BTQ 53 16/3/06–15/03/07 Sunshine Coast Qld QTQ 59 16/3/06–15/3/07 Sunshine Coast Qld TVQ 56 16/3/06–15/3/07 Tara Qld ABC 56 01/05/06–30/04/11 Texas Qld ABC 56 01/02/06–31/01/11 Tully Qld ABC 56 01/03/06–28/02/11 Wangetti Qld ABC 42 1/9/05–31/08/05 Warrnambool Qld VTV 45 1/11/05–31/10/06 Warrnambool City Qld VTV 56 1/11/05–31/10/06 Yeppoon Qld TNQ 63 26/10/05–17/10/06 Yeppoon Qld STQ 60 26/8/05–3/10/07 Yeppoon Qld RTQ 66 22/11/05–17/10/06 Yeppoon Qld RTQ 66 1/9/05–30/11/05 Coffin Bay SA ABC 45 01/05/06–31/04/011 Corryong SA ABC 32 01/03/06 - 28/02/11 Cowell SA ABC 44 01/05/06–31/04/11 Port Lincoln SA ABC 59 01/03/06–28/02/11 Quorn SA ABC 55 01/03/06–31/05/06 Tumby Bay SA ABC 49 01/03/06–28/02/11 Bendigo Vic BCV 51 14/10/05–13/1/06 Bright Vic ABC 31 01/03/06–28/02/11 Kiewa Vic ABC 41 1/10/05–30/09/05 Mildura/Sunraysia Vic MDV 33 7/11/05–26/01/10 Myrtleford Vic ABC 53 1/10/05–30/09/05 Myrtleford Vic SBS 58 23/9/05–22/9/10 Portland Vic SBS 68 22/06/05–21/09/06 Rosebud Vic ABC 60 01/11/05–31/10/06 Warnambool City Vic ABC 59 01/01/06–31/10/10 Warrnambool Vic SBS 53 23/06/05–22/09/06 Warrnambool City Vic SBS 68 23/06/05–22/09/06 Northam WA SBS 54 21/10/02–20/10/2010 Mission Beach Qld SBS 50 2/5/06–1/5/07 Warwick Qld SBS 53 3/5/06–2/5/07 Boonah Qld SBS 39 3/5/06–2/5/037 Esk Qld SBS 51 3/5/06–2/5/07 Bega NSW CBN 30 16/5/06–30/5/07 Clare SA SBS 52 9/6/06–8/6/2011 Kingston SE/Robe SA SBS 52 12/6/06–11/6/2011 Naracoorte SA SBS 47 9/6/06–8/6/2011 Cowell SA SBS 61 9/6/06–8/6/2011 Waikerie SA SBS 52 28/6/06–27/6/2011 Meander Tas SBS 47 28/6/06–27/6/2011 Burnie Tas SBS 66 1/7/06–30/6/2011 Bathurst NSW CBN 10 20/06/06 - 19/06/07 Eden NSW CBN 67 20/06/06–19/06/07 Kiewa Vic AMV 44 20/06/06–19/06/07 Narooma NSW CBN 65 20/06/06 - 19/06/07 Warrnambool City Vic AMV 65 20/06/06–19/06/07 Murwillumbah NSW NEN 35 20/06/06–19/06/07 Warrnambool Vic AMV 51 20/06/06–19/06/07

76 ACMA ANNUAL REPORT 2005–06 Table 35: Radio Black Spots program—licences State Broadcaster Location Callsign/frequency Licence number Qld Rebel Radio Network Gin Gin 4RBL/92.1 MHz 1149666 Qld Rebel Radio Network Barrington 4RBL/97.7 MHz 1149667 NSW Rebel Radio Network Tenterfield 4RBL/93.7 MHz 1145532 Qld Rebel Radio Network Theodore 4RBL/104.3 MHz 1145534 Qld Rebel Radio Network Hope Vale 4RBL/104.5 MHz 1143341 Qld Rebel Radio Network Kowanyama 4RBL/102.9 MHz 1143330 Qld Rebel Radio Network Pompuraaw 4RBL/102.9 MHz 1143339 Qld Rebel Radio Network Aurukun 4RBL/104.5 MHz 1143336 SA Freshstream FM Woomera 8SAT/101.7 MHz 1145064 Qld Rebel Radio Network Gununa 4RBL/104.5 MHz 1149186 Qld Rebel Radio Network Bamaga 4RBL/93.5 MHz 1149668 Qld Coastal Broadcasters Pty Ltd Murray Falls 4KZ/92.3 MHz 1158568 Qld Coastal Broadcasters Pty Ltd Hinchinbrook 4KZ/97.7 MHz 1158567 SA Freshstream FM Kingston 8SAT/107.3 MHz 1144875 NT Freshstream FM Tennant Creek 8SAT/100.5 MHz 1145258 SA Freshstream FM Coober Pedy 8SAT/99.7 MHz 1145261 Qld Rebel FM Inglewood 4RBL/97.3 MHz 1145533 Qld Rebel FM Meandarra 4RBL/99.5 MHz 1146166 Qld Rebel FM Texas 4RBL/94.5 MHz 1147323 Qld Rebel FM Yelarbon 4RBL/95.5 MHz 1149185 Vic Freshstream FM Marysville 8SAT/89.3 MHz 1151268 Qld Rebel FM Childers 4RBL/106.7 MHz 1145530 Qld Rebel FM Mt Tamborine 4RBL/99.4 MHz 1145536 Qld Rebel FM Tara 4RBL/91.1 MHz 1146167 NSW Rebel FM Bourke 4RBL/104.9 MHz 1147322 NSW Rebel FM Wilcannia 4RBL/104.7 MHz 1147321

Table 36: Number of apparatus licences Licence type 30 June 2001 30 June 2002 30 June 2003 30 June 2004 30 June 2005 30 June 2006 Aeronautical 2,473 2,157 2,326 2,225 2,412 2,174 Aircraft 4,946 107 47 26 25 17 Amateur 15,017 14,536 14,363 14,047 14,041 14,475 Broadcasting 6,083 6,439 7,674 8,154 8,655 8,840 Defence n/a n/a n/a n/a 73 71 Earth 208 226 270 287 291 287 Fixed 39,775 37,979 40,428 39,810 41,403 41,307 Land mobile 57,471 55,091 56,988 56,200 59,045 57,284 Maritime coast 3,876 3,517 3,477 3,370 3,373 3,468 Maritime ship 50,722 14,239 12,163 10,928 10,286 9,644 Multipoint distribution station 123 87 52 0 0 0 Outpost 13,886 11,934 10,481 8,957 7,885 7,011 Public telecommunication service 3 6 3 3 3 9 Radiodetermination 2,089 1,821 1,991 1,832 2,112 1,876 Scientific 790 584 738 676 579 550 Space 32 38 34 41 39 45 Major coast receive 1 16 34 17 17 17 Earth receive 102 117 178 217 239 242 Fixed receive 285 453 559 643 654 783 Space receive 18 18 18 28 30 40 Total 197,900 149,365 151,824 147,461 151,162 148,140 n/a: not applicable Note: these figures include multi-year licences

ACMA ANNUAL REPORT 2005–06 77 Table 37: Apparatus licence variations, 2005–06 Applicant Area served Frequency/channel Star FM (2DBO) Dubbo, NSW 93.5 MHz North West Radio Pty Ltd Redwave Coorow, WA 101.9 MHz ABC – Digital Laurieton, NSW BushVision Incorporated Mt Gambier, SA 590.25 MHz Eurobodalla Access Radio Inc Narooma, NSW 102.9 MHz Yirrkala Dhanbul Community Association Inc Yirrkala, NT Ch 66 Shire of Laverton Laverton, WA Ch 63 Shire of Laverton Laverton, WA Ch 60 ABC Cooma/Monaro Ch 29 ABC Stuart Ch 54 ABC Rosebud Ch 60 ABC Wollongong 1431 kHz Alex Kencevski Port Kembla 99.3 MHz Racing & Wagering WA Narrogin 88.0 MHz Radio Sport 927 Moe 88.0 MHz Warlpiri Media Assoc Lajamanu, NT 98.9 MHz Warlpiri Media Assoc Yuendumu, NT 100.5 MHz Warlpiri Media Assoc Yuendumu, NT 98.1 MHz Warlpiri Media Assoc Yuelamu, NT 100.1 MHz Warlpiri Media Assoc Laramba, NT 100.5 MHz Warlpiri Media Assoc Kintore, NT 98.9 MHz Rebel FM Cooktown 99.3 MHz Prime TV Southern Bathurst Ch 11

Table 38: Temporary community broadcasting licences allocated

State/licence area Licensee Frequency (MHz)

New South Wales Coffs Harbour RA3 Coffs Harbour Christian Broadcasters Inc 94.1 MHz Lord Howe RA1 Lord Howe Island Radio Station Association Inc 100.1 MHz Narrandera RA1 Narrandera District Community Radio Inc 92.3 MHz Sanctuary Point RA1 Bay and Basin Community Resources Inc 92.7 MHz Taree RA3 Manning Great Lakes Christian Broadcasters Inc 106.5 MHz Ulladulla RA1 Milton Ulladulla and Districts Community Radio Association Inc 102.7 MHz Young RA2 Lambing Flat Community Broadcasting Inc 92.3 MHz Northern Territory Alice Springs RA2 8CCC Community Radio Incorporated 102.1 MHz Community Radio Association of Central Australia Inc 102.1 MHz Queensland Bundaberg RA2 Bundaberg Burnett Community Broadcasting Association Inc 96.3 MHz Bundaberg Media Aboriginal Corporation 96.3 MHz Esk RA1 Brisbane River Valley Radio Inc 95.9 MHz Palm Island RA1 Queensland Police-Citizens Youth Welfare Association – Palm Island Branch 97.3 MHz Tiaro RA1 Tiaro Shire Community Centre Inc 107.1 MHz Weipa RA1 Cape Care Association Inc 94.5 MHz South Australia Goolwa RA1 Radio Alexandrina (Alex FM) Community Broadcasters Association Inc 96.5 MHz The Fleurieu Christian Broadcasters Inc 96.5 MHz Riverland RA1 Riverland Christian Radio Inc 93.9 MHz Tasmania Oatlands RA1 Southern Midlands Community Radio Station Inc 97.1 MHz Victoria Bendigo RA4 Central Victorian Gospel Radio Inc 101.5 MHz Kilmore RA1 Mitchell Community Radio Inc 97.1 MHz Upper Murray RA1 High Country Christian Broadcasters Association Inc 94.9 MHz Wodonga RA1 Albury Wodonga Christian Broadcasters Inc 100.7 MHz Victoria and New South Wales Upper Murray RA1 Upper Murray Community Radio Inc 88.7 MHz & 107.7 MHz Western Australia Geraldton RA2 Midwest Aboriginal Media Association 100.5 MHz Kalgoorlie RA2 Tjuma Pulka (Media) Aboriginal Corporation 96.3 MHz Perth RA2 Western Sports Media Inc 90.5 MHz Capital Community Radio Inc 90.5 MHz Port Hedland RA2 Hedland Community Radio Inc 101.3 MHz

78 ACMA ANNUAL REPORT 2005–06 Table 39: Community radio licences allocated Date applications State General area served sought Decision date Frequency Licensee New South Wales Moss Vale 1 June 2005 12 May 2006 92.5 MHz MVH FM Inc

Sanctuary Point 27 April 2005 5 May 2006 92.7 MHz Gay and Basin Community Resources Inc

Queensland Mackay & District Aboriginal & Islander Mackay 13 January 2006 5 May 2006 105.9 MHz Media Association

Victoria & 88.7 MHz, Upper Murray New South Wales Upper Murray 17 June 2005 7 March 2006 98.9 MHz, 107.7 MHz Community Radio Inc

Table 40: S102 Licences, 2005–06 Applicant Radio/TV Area Frequency/channel Period Tweed Radio & Broadcasting Co Pty Ltd R Mullumbimby, NSW 103.5 MHz 18/7/05 – 12/9/09 Rebel Radio Network R Childers, Qld 102.5 MHz 6/2/06 – 5/2/07 Spencer Gulf Telecasters T Quorn SA 681.25 MHz / Ch 50 13/3/06 – 23/4/07 Spencer Gulf Telecasters T Clare SA 772.25 MHz / Ch 63 13/3/06 – 23/4/07 Spencer Gulf Telecasters T Burra SA 765.25 MHz / Ch 62 13/3/06 – 23/4/07 Western Broadcasters PL R Dubbo City 91.1 MHz 5/6/06 – 14/3/11 Western Broadcasters PL R Dubbo City 89.5 MHz 5/6/06 – 14/3/11 Moree Broadcasting & Development Co R Collarenebri 103.5 MHz 4/12/03 - 3/12/06 Moree Broadcasting & Development Co R Lightning Ridge 92.9 MHz 4/12/03 – 3/12/06 Northern Broadcasters R Warialda NSW 102.9 MHz 5yrs Amalgamated Marketing P/L R Dalby Qld 95.9 MHz 5yrs New England Broadcasters R Walcha NSW 89.3 MHz 5yrs Parkes Broadcasting Co. R Condobolin NSW 90.5 MHz 5yrs

Table 41: Special events, 2005–06

Radio or Location Applicant Purpose/event Frequency / Start date End date Television Channel MHz Australian Capital Territory R Canberra Canberra Islamic Centre Ramadan 103.1 MHz 01/10/05 20/10/05 T Canberra The Bridge Networks DVB-H Showcase 536.5 MHz 02/03/06 03/03/06 R Canberra Street Machine Services Summernats 99.1 MHz 04/01/06 08/01/06 TV Canberra The Bridge Networks ACMA Conference 29 MHz 08/11/05 10/11/05 R Canberra Watchtower Bible & Tract Society of Australia Watchtower Convention 99.5 MHz 13/07/06 16/07/06 R Canberra Watchtower Bible & Tract Society of Australia Watchtower Convention 99.5 MHz 19/08/05 21/08/05 R Canberra Canberra Islamic Centre Ramadan 103.1 MHz 21/10/05 13/11/05 New South Wales R Bathurst W F Sound Services P/L Bathurst 1000 103.9 MHz 07/10/05 09/10/05 T Bathurst W F Sound Services P/L Bathurst 1000 814.25 MHz 07/10/2005 09/10/05 R Eastern Creek NSW Bel-Pacific WSID 91.7 MHz 15/09/05 19/09/05 R Nambucca Heads Drag-ens Hot Rod Club Valla Rod Run 90.5 MHz 25/09/05 02/10/05 R Narellan Oran Park Raceway Pty Ltd V8 Supercars 91.7 MHz 10/08/06 14/08/06 R Newcastle Octapod Association National Youth Week 100.5 MHz 01/04/06 30/04/06 R Newcastle Octapod Association International Womens Day 100.5 MHz 07/03/06 21/03/06 R Newcastle Octapod Association Stomp Festival 100.5 Mhz 15/05/06 02/06/06 R Newcastle Octapod Association Shoot Out Festival 100.5 MHz 3/07/06 14/07/06 R Newcastle The Octapod Association This is not Art Festival 100.5 MHz 26/09/05 25/10/05 R St Albans Shahzada 400 Incorporated Endurance Horse Ride 90.9 MHz 18/08/06 27/08/06 R Stuarts Point Loren pordage Religious Camp 90.1 MHz 29/09/05 08/10/05 T Sydney The Bridge Networks DVB-H Showcase 43 MHz 03/04/06 05/04/06 R Sydney Royal Agricultural Society of NSW Royal Easter Show/Show Radio 100.5 MHz 04/04/06 20/04/06 R Sydney 2CR Radio China Autumn Moon Festival 90.9 MHz 05/09/05 02/10/05 R Sydney Islamic Council of NSW Ramadan 100.5 MHz 05/10/05 04/11/05

Continued/...

ACMA ANNUAL REPORT 2005–06 79 Continued from page 79 R Sydney Islamic Council of NSW Ramadan 100.5 MHz 05/11/05 06/11/05 R Sydney McCall Communications V8 Super cars 91.7 MHz 11/08/05 14/08/05 T Sydney Nokia Australia Special Event 43 12/11/05 18/11/05 R Sydney Fusion Australia Awakening 2006 90.9 MHz 16/04/06 16/04/06 R Sydney TJH Systems Pty Ltd SMPTE 100.5 18/07/05 24/07/05 R Sydney 2SSR – FM Carols by Cruiser 100.5 MHz 18/12/05 18/12/05 R Sydney Watchtower Bible & Tract Society of Australia Watchtower Convention 100.5 MHz 19/08/05 21/08/05 R Sydney Watchtower Bible & Tract Society of Australia Watchtower Convention 100.5 MHz 20/07/06 30/07/06 R Sydney Islamic Council of NSW Hajj 100.5 MHz 20/12/05 19/01/06 R Sydney 2CR Radio Chinese NY 90.9 MHz 21/01/06 19/02/06 (22/01/06) (13/02/06) R Sydney Epic Attractions Year of The Eucharist Procession 90.9 MHz 21/10/05 23/10/05 R Sydney University of Sydney Union O Week/Media Month 90.9 MHz 27/02/06 24/03/06 R Sydney Epic Attractions Pty Ltd Procession of the Blessed Sacrament 90.9 MHz 15/06/06 19/06/06 R Sydney University of Sydney Union Verge Arts Festival 90.0 MHz 4/09/06 22/09/06 R Tamworth Watchtower Bible & Tract Society of Australia Watchtower Convention 101.5 MHz 03/08/06 06/08/06 R Tamworth Watchtower Bible & Tract Society of Australia Watchtower Convention 101.5 MHz 22/07/05 24/07/05 R Wyong Radio Yesteryear Rockin Back to Wyong 100.5 MHz 09/05/06 14/05/06 Northern Territory R Darwin Watchtower Bible & Tract Society of Australia Watchtower Convention 96.1 MHz 10/08/06 13/08/06 R Marrara Watchtower Bible & Tract Society of Australia Watchtower Convention 96.1 MHz 29/07/05 31/07/05 Queensland R Brisbane Watchtower Bible & Tract Society of Australia Watchtower Convention 91.5 MHz 10/08/06 20/08/06 R Brisbane Watchtower Bible & Tract Society of Australia Watchtower Convention 91.5 MHz 12/08/05 21/08/05 R Coolangatta Wintersun Festival Association Inc Wintersun Festival 98.5 MHz 2/06/06 12/06/06 R Dakabin Seventh Day Adventist Annual Conference 91.5 MHz 04/09/05 18/09/05 R Kurrawa JD Sound SLSA Championships 98.5 MHz 26/03/06 02/04/06 R Peaks Crossing Ivorys Rock Conference Centre Elan Vital Conf Various 19/09/05 02/10/05 R Rockhampton Queensland Cancer Fund/Relay for Life Relay for Life – Rockhampton 88.5 MHz 18/05/06 21/05/06 Rockhampton R Surfers Paradise Gold Coast Motor Events Co (client No 572292) Lexmark Indy 500 98.5 MHz 19/10/2005 23/10/05 R Townsville Watchtower Bible & Tract Society of Australia Watchtower Convention 93.5 MHz 05/08/2005 07/08/05 R Townsville Queensland Cancer Fund Relay for Life Townsville 93.5 MHz 13/05/2006 14/05/06 R Townsville Watchtower Bible & Tract Society of Australia Watchtower Convention 93.5 MHz 20/07/2006 30/07/06 South Australia R Adelaide Uniting Church in SA National Christian Youth Convention 94.3 MHz 01/09/05 09/01/05 R Adelaide Adelaide Horse Trials Management Adelaide Horse Trials 94.3 MHz 02/11/06 06/11/06 R Adelaide Adelaide Horse Trials Management Adelaide Horse Trials 94.3 MHz 10/11/05 14/11/05 R Adelaide Clipsal 500 Clipsal 500 94.3 MHz 23/03/06 26/03/06 R Hindmarsh Watchtower Bible & Tract Society of Australia Watchtower Convention 94.3 MHz 12/08/05 14/08/05 R Hindmarsh Watchtower Bible & Tract Society of Australia Watchtower Convention 94.3 MHz 27/07/06 30/07/06 R Port Gawler Anthems Entertainment Enchanted 2004 99.1 MHz 02/12/05 04/12/05 R Victor Harbor Encounter Youth Schoolies Festival Cancelled 24/11/05 29/11/05 R West Beach Uniting Church in Australia KUCA Camp Out 94.3 MHz 31/03/06 02/04/06 Tasmania R Burnie Tas Burnie TEN Inc Burnie Skilled TEN 100.1 MHz 08/10/05 10/10/05 R Deloraine Rotary Club of Deloraine Tasmanian Craft Fair 89.5 MHz 04/11/05 07/11/05 R Glenorchy Watchtower Bible & Tract Society of Australia Watchtower Convention 98.5 MHz 15/07/05 17/07/05 R Hobart Watchtower Bible & Tract Society of Australia Watchtower Convention 94.9 MHz 20/07/06 23/07/06 Victoria R Beaufort Christopher Armstrong Christopher Armstrong 26/01/06 31/01/2006 R Bendigo Watchtower Bible & Tract Society of Australia Watchtower Convention 95.1 MHz 06/07/06 09/07/06 R Bendigo Watchtower Bible & Tract Society of Australia Watchtower Convention 95.1 Mhz 08/07/05 10/07/05 R Caveat Scout Assoc. Aust (Vic Branch) Mudbash 2006 94.9 MHz 07/06/06 12/06006 R Cohuna Bicycle Victoria Bike Ride 89.9 MHz 27/11/05 28/11/05 R Echuca Bicycle Victoria Bike Ride 89.9 MHz 28/11/05 30/11/25 T Geelong Geelong Racing Club Geelong Cup 716.25 MHz 19/10/05 19/10/05

Continued/...

80 ACMA ANNUAL REPORT 2005–06 Continued from page 80 R Hadfield Australian Muslim Media Ramadan 99.7 MHz 03/10/05 30/10/05 R Hadfield Australian Muslim Media Ramadan 99.7 MHz 31/10/05 07/11/05 R Heathcote Bicycle Victoria Bike Ride 95.1 MHz 30/11/05 01/12/05 R Melbourne Swinburne Student Radio O Week 13/03/06 09/04/06 TV Melbourne Broadcast Australia DVB-H Trial for C’wealth Games 35 13/03/06 31/03/06 R Melbourne Swinburne Student Radio Inc O Week 99.7 MHz 15/08/05 11/09/05 R Melbourne Sportal Australia Australian tennis Open 99.7 MHz 16/01/06 29/01/06 R Melbourne Toyota Toyota Open Day 99.7 MHz 18/09/05 18/09/05 R Melbourne Watchtower Bible & Tract Society of Australia Watchtower Convention 99.7 MHz 24/08/06 27/08/06 R Melbourne Watchtower Bible & Tract Society of Australia Watchtower Convention 99.7 MHz 26/08/05 28/08/05 R Melbourne Australian Grand Prix Corporation Australian Grand Prix 99.7 MHz 27/03/06 03/04/06 R Melbourne Australian Grand Prix Corporation 2005 Formula One Foster’s Australian 91.5 MHz 29/02/05 07/03/05 Grand Prix R Melbourne City of Melbourne NYE 99.7 MHz 30/12/05 01/01/06 R Mildura Mildura District and Returned Services, Mildura Show 92.3 MHz 10/10/05 16/10/05 Horticultural Society R Mildura Mildura Country Music Festival Mildura Country Music Festival 92.3 MHz 19/09/05 03/10/05 R Mildura Earthbeat Mildura Mildura/Wentworth Music Festival 92.3 MHz 30/10/05 13/11/05 R Murrabit Bicycle Victoria Bike Ride 89.9 MHz 25/11/05 27/11/05 R Newstead Bicycle Victoria Bike Ride 95.1 MHz 01/12/05 02/12/05 T Phillip Island Australian Grand Prix Corporation 2005 Australian Motorcycle Grand Prix 800.25 MHz 10/10/05 19/10/05 R Rose Valley McCall Communications Cattleman’s Get Together 98.1 MHz 13/01/06 16/01/06 R Springvale (Sandown Raceway) McCall Communications V8 Super cars 99.7 MHz 29/08/05 11/09/05 R Warragul State Youth Games Vic State Youth Hames 91.1 MHz 09/06/06 12/06/06 R Whittlesea Bicycle Victoria Bike Ride 95.9 MHz 03/12/05 04/12/05 R Woodend Bicycle Victoria Bike Ride 95.1 MHz 02/12/05 03/12/05 Western Australia R Augusta Bicycle Victoria Great WA Bike Ride 94.9 MHz 25/03/06 26/03/06 R Bayswater Pails Sound & Lighting World Canoe Championships 89.1 MHz 08/10/05 16/10/05 R Boddington Telstra Rally Australia/Tourism WA Telstra Rally 101.1 MHz 28/10/05 15/11/05 R Bullsbrook Palis Sound & Lightning ADF Air Show 106.5 MHz 18/11/05 20/11/05 TV Bunbury Bunbury Turf Club Horse Racing Carnival 62 14/03/06 16/03/06 R Burswood Watchtower Bible & Tract Society of Australia Watchtower Convention 106.5 Mhz 22/07/05 24/07/05 R Busselton Bicycle Victoria Great WA Bike Ride 94.9 MHz 29/03/06 30/03/06 R Chidlow Telstra Rally Australia/Tourism WA Telstra Rally 88.9 MHz 28/10/05 15/11/05 R Denmark Bicycle Victoria Great WA Bike Ride 103.3 MHz 18/03/06 20/03/06 R Dwellingup Telstra Rally Australia/Tourism WA Telstra Rally 101.1 MHz 28/10/05 15/11/05 R Freshwater Bay WA Yachting Foundation Inc Yacht Racing 106.5 MHz 28/10/05 02/02/06 TV Kalgoorlie/Boulder CFM Technology Pty Ltd/Kalgoorlie Horse Racing Cup Carnival 765.25 Mhz 16/09/05 17/09/05 Boulder Racing Club R Maida Vale Seventh-Day Adventist Church (WA Conference) Easter Camp 89.1 MHz 13/04/06 18/04/06 R Maida Vale Uniting Church in Australia (Synod of WA) KUCA Camp Out 89.1 MHz 25/03/06 26/03/06 R Manjimup Bicycle Victoria Great WA Bike Ride 96.5 MHz 22/03/06 24/03/06 R Margaret River Bicycle Victoria Great WA Bike Ride 94.9 MHz 26/03/06 29/03/06 R Mundaring Telstra Rally Australia/Tourism WA Telstra Rally 88.9 MHz 28/10/05 15/11/05 R Nannup Bicycle Victoria Great WA Bike Ride 96.5 MHz 24/03/06 25/03/06 R Newdegate Palis Sound & Hire Newdegate Field Days 93.1 MHz 06/09/05 08/09/05 TV Northam CFM Technology Pty Ltd/Northam Race Club Horse Racing Cup Carnival 807.25 MHz 22/10/05 23/10/05 R Perth Curtin UNI/Palis Sound UNI open day 106.5 MHz 13/08/05 14/08/05 R Perth PVI Collective Future Belongs to the Crowds 106.5 MHz 22/05/06 04/06/06 R Perth Watchtower Bible & Tract Society Watchtower Convention 106.5 MHz 20/07/06 23/07/06 R Perth Telstra Rally Australia/Tourism WA Telstra Rally 88.9 MHz 28/10/05 15/11/05 R Pinjarra Bicycle Victoria Great WA Bike Ride 94.9 MHz 31/03/06 1/04/06 R Shannon River Bicycle Victoria Great WA Bike Ride 104.5 MHz 21/03/06 22/03/06 TV Toodyay CFM Technology Pty Ltd/Northam Race Club Horse Racing Cup Carnival 807.25 MHz 01/10/05 02/10/05 R Walpole Bicycle Victoria Great WA Bike Ride 104.5 MHz 20/03/06 21/03/06 TV York CFM Technology Pty Ltd/York Beverley Racing Club Horse Racing Cup Carnival 807.25 MHz 24/09/05 25/09/05

ACMA ANNUAL REPORT 2005–06 81 Appendix 6: Programs and content

Table 42: Programs granted children’s or preschool classification in 2005–06 Program title Style Type Origin Applicant Provisional—PRC (series 2, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Dive Olly Dive (series 1, episodes 1-26) Animation Drama Australia Yoram Gross EM TV Pty Ltd Erky Perky (series 1, episodes 1-26) Animation Drama Australia Ambience Concept Pty Ltd FARMkids (series 1, episodes 1-26) Animation Drama Australia FARMkids Pty Ltd Gumnutz (series 1, episodes 1-26) Animation Drama Australia John Cook I Got A Rocket! (series 1, episodes 1-52) Animation Drama Australia SLR Productions Pty Ltd Parallax – Stormworld (series 2, episodes 1-26) Live action Drama Australia Great Western Entertainment Pty Ltd Penrose Street (series 1, episodes 1-13) Live action Drama Australia Endemol Southern Star Roly in the Country with Blue (series 1, episodes 1-26) Animation Drama Australia Dreamcloud Entertainment Pty Ltd Australia/ Seaside Hotel (series 2, episodes 1-26) Animation Drama Yoram Gross EM TV Pty Ltd Sleepover Club (series 3, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Staines Down Drains (series 1, episodes 1-26) Animation Drama Australia Yoram Gross EM TV Pty Ltd Streetsmartz (series 3, episodes 27-39) Live action Drama Australia Great Western Entertainment Pty Ltd Sumo Mouse (series 1, episodes 1-52) Animation Drama Australia Moody Street Kids Pty Ltd Swamp (series 1, episodes 1-52) Animation Drama Australia Upstage Productions Pty Ltd The Fomorian (series 1, episodes 1-26) Live action Drama Australia Muskoka Australia Pty Ltd Wormwood (series 1, episodes 1-26) Live action Drama Australia AIP Entertainment Pty Ltd Provisional—PRP Light entertainment- Southern Star Entertainment Pty Ltd (series 1, episodes 1-65) Live action- animation variety Australia Preschool—P Here’s Humphrey (series 5, Live action- episodes 0091-0135) puppetry Light entertainment-variety Australia Banksia Productions Pty Ltd Hi-5 (series 8, episodes 1-45) Live action Light entertainment-variety Australia Kids Like Us Pty Ltd New MacDonald’s Farm (series 3, Live action- episodes 91-135) puppetry Light entertainment-variety Australia Pacific and Beyond Pty Ltd Live action- Raggs (series 1, episodes 1-65) animation Light entertainment-variety Australia Southern Star Entertainment Pty Ltd Live action- The Fairies (series 1, episodes 1-52) animation Light entertainment-variety Australia The Fairies Development Pty Ltd Children’s—C Bush Beat (series 1, episodes 1-26) Live action Information-magazine Australia Nine Network Australia Pty Ltd Bush Beat (series 2, episodes 27-39) Live action Information-magazine Australia Nine Network Australia Pty Ltd I was a Rat! Live action Drama Canada Nine Network Australia Pty Ltd Light entertainment- It’s Academic (series 2, episodes 1-65) Live action competition/game show Australia Seven Network (Operations) Limited Light entertainment- It’s Academic (series 3, episodes 1-65) Live action competition/game show Australia Seven Network (Operations) Limited Light entertainment- Mighty Good Kids (series 1, episodes 1-90) Live action magazine Australia Might Good Productions Pty Ltd Scary Godmother Animation Drama Canada Nine Network Australia Pty Ltd Scope (series 1, episodes 1-65) Live action Information-magazine Australia Network Ten Pty Ltd The Blue Butterfly Live action Drama Canada Nine Network Australia Pty Ltd The Night Before Christmas – A Mouse Tale Animation Drama US Nine Network Australia Pty Ltd The Shak (series 1, episodes 1-65) Live action Light entertainment-magazine Australia Nine Network Australia Pty Ltd The Shak(series 2, episodes 1-65) Live action Light entertainment-magazine Australia Nine Network Australia Pty Ltd The Tale of Jack Frost – The Boy with the Frozen Touch Animation Drama UK Nine Network Australia Pty Ltd Totally Wild (series 15, episodes 1-180) Live action Light entertainment-magazine Australia Network Ten Pty Ltd

Continued/...

82 ACMA ANNUAL REPORT 2005–06 Continued from page 82 Program title Style Type Origin Applicant –Australian children’s drama—CD

Anna and the King Animation Drama Australia Burbank Animation Studios Pty Ltd D4 – The Trojan Dog Animation Drama Australia Burbank Animation Studios Pty Ltd Deadly (series 1, episodes 1-13) Animation Drama Australia SLR Productions Pty Ltd Dogstar (series 1, episodes 1-13) Animation Drama Australia Media World Pictures Pty Ltd Dogstar (series 1, episodes 14-26) Animation Drama Australia Media World Pictures Pty Ltd Easter in Bunnyland Animation Drama Australia Burbank Animation Studios Pty Ltd Erky Perky (series 1, episodes 1-13) Animation Drama Australia Erky Perky Pty Ltd Erky Perky (series 1, episodes 14-26) Animation Drama Australia Erky Perky Pty Ltd FARMkids (series 1, episodes 1-13) Animation Drama Australia FARMkids Pty Ltd Faireez (series 2, episodes 40-52) Animation Drama Australia Moody Street Kids Pty Ltd H2O – Just Add Water (series 1, episodes 1-13) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd H2O – Just Add Water (series 1, episodes 14-26) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd I Got A Rocket! (series 1, episodes 1-26) Animation Drama Australia SLR Productions Pty Ltd Jungle Girl and the Lost Island of the Dinosaurs Animation Drama Australia Burbank Animation Studios Pty Ltd Lockie Leonard – Human Torpedo (series 1, episodes 1-13) Live action Drama Australia RB Films Pty Ltd Lockie Leonard – Human Torpedo (series 1, episodes 14-26) Live action Drama Australia RB Films Pty Ltd Australian Children’s Television Mortified (series 1, episodes 1-13) Live action Drama Australia Foundation Australian Children’s Television Mortified (series 1, episodes 14-19) Live action Drama Australia Foundation Australian Children’s Television Mortified (series 1, episodes 20-26) Live action Drama Australia Foundation Outriders (series 1, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Pirate Islands 2 – The Lost Treasure of Fiji (episodes 1-13) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd Australia/ Seaside Hotel (series 2, episodes 1-26) Animation Drama France Yoram Gross EM TV Pty Ltd Silent Night – The Story of the First Christmas Animation Drama Australia Burbank Animation Studios Pty Ltd Streetsmartz (series 2, episodes 14-26) Live action Drama Australia Great Western Entertainment Pty Ltd Streetsmartz (series 3, episodes 27-39) Live action Drama Australia Great Western Entertainment Pty Ltd The Canterville Ghost Animation Drama Australia Burbank Animation Studios Pty Ltd The Little Drummer Boy Animation Drama Australia Burbank Animation Studios Pty Ltd The Real Macaw Live action Drama Australia Nine Network Australia Pty Ltd The Tribe – The New Tomorrow Australia/ (series 1, episodes 1-13) Live action Drama New Zealand Little White Cloud Development The Tribe – The New Tomorrow Australia/ (series 1, episodes 14-26) Live action Drama New Zealand Little While Cloud Development

Table 43: Children’s television consultants in 2005–06

Name Expertise

Dina Browne Production

Robert Greenberg Script writing/assessment/editing

Alan Hardy Production

Simon Hopkinson Script writing/editing

Stephen Measday Script writing/editing

Fiona Mitchell Curriculum/child development/early childhood

Carole Wilkinson Script writing/editing

ACMA ANNUAL REPORT 2005–06 83 APPENDIX 7: Investigations into complaints Please note: media releases and breach reports relating to these complaints are available on the ACMA website, at www.acma.gov.au.

Table 44: Investigations completed in 2005–06

Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Inappropriate references to sexual behaviour in PG viewing period. TEN Sydney The OC promotion Failure to provide substantive Complaints handling written response.

Factual accuracy and creating public Factual accuracy and complaints ATN Sydney – Lipitor panic. Complaints handling. handling

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

CTC Sthn NSW Monk Inappropriate violent images. PG Classification - violence.

TCN Sydney Today Tonight – Chicken Meat False and misleading claims. Factual accuracy.

Victoria

Fair and impartial presentation of GTV Melbourne Nightline news. Complaints handling. Complaints handling.

Queensland

Inappropriate adult themes, sexual TVQ Brisbane & NEW Perth Big Brother Uncut references and nudity. MA Classification.

Tasmania

Regard for feelings of relatives and TVT Tasmania WIN News invasion of privacy. Complaints Complaints handling. handling.

Western Australia

No captions or summaries only of STW Perth National some news segments. Captioning.

NEW Perth The OC promotion Inappropriate language. G Classification – language.

TVW Perth Family Guy Inappropriate sexual references. PG Classification - sexual references.

COMMERCIAL RADIO

New South Wales

Comments likely to perpetuate hatred 2UE Sydney John Laws against or vilify. Complaints handling. Complaints handling. Failure to meet contemporary Content unsuitable for standards of decency and broadcast of 2DAY Sydney Lowies Hot30 young audience. program with explicit sexual theme as core component.

Queensland

Content of advertisement unsuitable 4MCY Nambour Dare to be Bare advertisement for broadcast. Complaints handling. Complaints handling.

Continued/...

84 ACMA ANNUAL REPORT 2005–06 Continued from page 84 Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered COMMUNITY RADIO

New South Wales

Sponsorship announcements in 2GLA Forster John Laws excess of 5 minutes per hour and Advertising broadcast advertisements

Sponsorship announcements in 2GLF Liverpool Radio Lehren excess of 5 minutes per hour and Advertising broadcast advertisements

Sponsorship announcements in 2GLF Liverpool Radio Lehren excess of 5 minutes per hour and Sponsorship limit broadcast advertisements

Sponsorship announcements in 2BCR Bankstown Radio Rim Jhim Ka Sangam and excess of 5 minutes per hour and Sponsorship limit Radio Jhankaar broadcast advertisements

Sponsorship announcements in excess 2BCR Bankstown Dosti of 5 minutes per hour and broadcast Advertisements advertisements

2BCR Bankstown No conflict resolution policy Conflict resolution

Not retaining recordings of news Failure to retain a record for the 2WAY Port Macquarie bulletins required 6 weeks Sponsorship announcements in 2PAR Ballina Radio on Toast excess of 5 minutes per hour and Advertising and sponsorship limits broadcast advertisements 2OOO Sydney Darpan Broadcast advertisements Advertisements

2SWR Blacktown Talash Broadcast advertisements Advertisements

2RES Waverley Monika Geetmala Broadcast advertisements Advertisements

Victoria Sponsorship announcements in excess 3SFM Swan Hill of 5 minutes per hour and broadcast Advertisements advertisements Sponsorship announcements in excess 3BBB Ballarat Community Voices of 5 minutes per hour and broadcast Advertisements advertisements Western Australia Not encouraging community 6YCR York participation; no conflict resolution Conflict resolution policy policy 6KCR Kalamunda Broadcast advertisements Advertisements Complaints received about 6AR Perth membership and other participation Represent community; encourage issues, as well as a lack of local, participation indigenous content Queensland Sponsorship announcements in excess of 5 minutes per hour, broadcast 4FRB Brisbane advertisements; operating for profit Advertisements and not continuing to meet its community interest Tasmania Vilification; factual accuracy of news and current affairs; distinguish factual 7THE Hobart material from commentary and Complaints handling analysis. Complaints handling

ACMA ANNUAL REPORT 2005–06 85 Table 45: Non-breach findings Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Offensive language used when Intense dislike, serious contempt, ATN Sydney Sunrise referring to Japanese people severe ridicule

Manipulation in editing answers to ATN Sydney Today Tonight different questions Representation of viewpoints.

Represent viewpoints fairly; portray in ATN Sydney Today Tonight Unfair representation of Muslim youth a negative light

Too many advertisements broadcast CBN Southern NSW Lost during Lost Hourly limits of non-program matter Comedy segment featuring the Pope was offensive and ridiculed him CTC Southern NSW Rove Live due to his age and his frailty/illness. Ridicule; complaints handling Complaints handling Perpetuate or provoke intense dislike, CTC Southern NSW The Ronnie Johns Comedy skit regarding the crucifixion severe ridicule or serious contempt on Half Hour promotion was offensive grounds of religion Inappropriate language during Care is exercised in selection of CTC Southern NSW Channel Ten News weather report material broadcast during news PG Classification – nudity TEN Sydney Big Brother – Live Surprise Nudity and consumer advice warning Consumer advice Program provoked serious contempt Contempt, ridicule people with a TEN Sydney Law & Order: Criminal Intent based on mental disability mental illness

Inappropriate nudity and sexual PG Classification – TEN Sydney Big Brother behaviour nudity and sexual behaviour

TEN Sydney Sex and the City References to smoking Tobacco advertising Perpetuate or provoke intense dislike, TEN Sydney The Ronnie Johns Comedy skit regarding the crucifixion severe ridicule or serious contempt on Half Hour promotion was offensive grounds of religio. Report on Srebrenica was biased in NBN Northern NSW 60 Minutes that it referred to a para-military Intense dislike on grounds of religion brigade as 'Christians' Program denigrated Christians and Provoke or perpetuate intense dislike NRN Northern NSW Law & Order: Criminal Intent their beliefs on grounds on religion

TCN Sydney Getaway & Getaway promotion Inappropriate language PG Classification – language

Care in selecting material for TCN Sydney 60 Minutes Inappropriate nudity broadcast - news & current affairs

Severe ridicule against a group of TCN Sydney Comedy Inc – The Late Shift Comedy skit vilified Muslims persons on religious grounds Use of material relating to personal or WIN Southern NSW A Current Affair Invasion of privacy and personal space private affairs, or which invades an individual's privacy

Victoria

ATV Melbourne Big Brother Uncut Excessive nudity MA Classification – nudity

Appropriate regard to feelings of ATV Melbourne Channel Ten News News item showed a child with a knife viewers; provide warning prior to lodged in his forehead broadcast The 2005 International Comedy ATV Melbourne Festival promotion Inappropriate sexual references G Classification – sexual references

Offensive comedy skit regarding BCV Western Vic Rove Live Saddam Hussein Dislike, contempt or ridicule

Comedy skit ridiculed Catholics and GTV Melbourne Comedy Inc – The Late Shift Christians. Complaints handling. Severe ridicule, complaints handling Distinguishing material from other Coverage of a story effectively content where payment has been GTV Melbourne A Current Affair amounted to product promotion. received for promoting a product; Complaints handling. complaints handling Report invaded the privacy of a HSV Melbourne Today Tonight single mother and her child. Invasion of privacy

HSV Melbourne Prison Break Excessive advertising. Scheduling of non-program matter

Continued/...

86 ACMA ANNUAL REPORT 2005–06 Continued from page 86 Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered Queensland

BTQ Brisbane Today Tonight Invasion of privacy. Invasion of privacy

Use of a concealed camera to tape Factual accuracy; unfairly identify a BTQ Brisbane Today Tonight footage regarding story on bad single business when commenting on a service. group

Comedy skit regarding crucifixion Intense dislike, serious contempt, RTQ Regional Qld Comedy Shift – The Late Shift was offensive. severe ridicule.

Footage of traffic accident was Factual accuracy; regard to feelings of RTQ Regional Qld WIN News inaccurate, insensitive and an relatives;privacy; identification of invasion of privacy. accident victims.

TVQ Brisbane 2005 Melbourne Comedy Festival Offensive comments about the Provoke intense dislike, serious Christian religion. contempt or severe ridicule.

Regard to the feelings of viewers when TVQ Brisbane Channel Ten News Sensationalist coverage of news. including images of dead or seriously wounded people.

MA Classification – sex, nudity, TVQ Brisbane Big Brother Up Late Sexual content, adult themes. language.

TVQ Brisbane Smallville Excessive violence. PG Classification – violence.

Weather reports incorrectly use TVQ Brisbane Channel Ten News millilitres rather than millimetres as Factual accuracy. unit of measurement. 'Joke of the Day' was offensive, STQ Regional Queensland Sunrise smutty and involved coarse Care in the selection of material for language. Complaints handling. broadcast; complaints handling.

Use of violent images to promote STQ Regional Qld Queensland Transport Ad road safety message. M Classification – violence.

‘Joke of the Day’ had inappropriate Exercising care in selecting material for STQ Regional Qld Sunrise content. broadcast.

Contestant wearing German Cross was TNQ Regional Qld Australian Idol offensive to Jewish people and others. Seriously offend cultural sensitivities.

Provoke or perpetuate serious dislike; TNQ Regional Qld Johnnie Walker Classic – Golf Sexist comments. Complaints handling. exercise care in selection of material; complaints handling.

Factual inaccuracy and Present factual material accurately, QTQ Brisbane A Current Affair misrepresentation of viewpoints. represent viewpoints fairly.

South Australia Provoked or perpetuated intense dislike, serious contempt or severe ADS Adelaide Channel Ten News Reference to ‘wog hairstyle’ was ridicule against a group of persons on offensive. the grounds of nationality or ethnic origin.

Care in selecting material for NWS Adelaide Sunday Excessive foul language. broadcast.

Illegal use of a listening device without the knowledge of the Licensee subject to state and SAS Adelaide Today Tonight participant, invasion of privacy federal laws; invasion of privacy. and was insensitive. Western Australia

No warning given in introduction to TVW Perth Channel violent content. Provide warning.

TVW Perth Sunrise Excessive advertising. Hourly limits of non-program matter.

Tasmania

Report on Telstra employees was Factual accuracy; present news fairly TNT Tasmania Southern Cross Nightly News inaccurate and politically biased. and impartially.

Inappropriate sexual themes TVT Tasmania Analyse That promotion and nudity. PG Classification – sex and nudity.

ACMA ANNUAL REPORT 2005–06 87 Continued from page 87 Callsign Non-breach finding: Code/program Program name Substance of complaint standard/licence condition or section of the Broadcasting Services Act COMMERCIAL RADIO considered Australian Capital Territory 2ROC Canberra Dear Bill Review of movie was racist to Chinese. Vilification. 2CC Canberra Community announcement Degrading and negative to young people. Contemporary standards of decency New South Wales Comments about non-English speakers vilified on 2MMM Sydney The Cage basis of ethnicity. Vilification. Comments about Asians amounted to racial 2SYD Sydney Merrick and Rosso vilification. Vilification. Material broadcast was below common 2UE Sydney John Laws decency levels. Contemporary standards of decency.

2PTV Sydney Angela Catterns Offensive language. Gratuitous language.

Queensland Incite or perpetuate hatred against; 4EL Cairns Mornings with John McKenzie Broadcast of racist and other illegal comments. vilification. South Australia 5AA Adelaide Bob Francis Comments advocating violence in the community. Incite or encourage violence. 5AA Adelaide Racist comments about the French. Vilification. Tasmania Misrepresentation of viewpoints; Segment regarding SBS journalist opportunity to provide significant 7XXX John Laws misrepresented viewpoints and incited viewpoints; inciting violence and violence. Complaints handling. complaints handling. Vilification; contemporary 7TTT Hobart Benchwarmers Offensive, sexist, degrading comments. standards of decency. Victoria Present news to create unnecessary 3TTT Melbourne News Violent and disturbing content. distress. Inappropriate and offensive language in an 3FOX Melbourne Kyle and Jackie O Show interview about gay marriage. Gratuitous language. Western Australia 6PR Perth Comments about mass murderer were indecent. Contemporary standards of decency. Inappropriate language used in discussing 6PR Perth Howard Sattler indigenous Australians. Vilification. COMMUNITY RADIO

New South Wales Numerous complaints regarding defamatory on- 2SWR Blacktown air comments not responded to. Complaints Complaints handling. handling. Various complaints including that a Director is cross-promoting his business on-air; that the amount of ethnic programming is not consistent Represent the community; encourage 2BCR Bankstown with the community interest; that the licensee is participation; operating for profit; not encouraging participation; and that a Board broadcast advertisements. Member pockets advertising/sponsorship funds rather than all monies going to the station. Represent community interest; 2GLF Liverpool Concerns that licensee not meeting requirements encourage community; policies to after program cancelled. oppose prejudice. Broadcasting advertisements and sponsorship 2SWR Blacktown Punjabi program announcement exceeding 5 mins per hour. Advertisements; sponsorship limits. 2SWR Blacktown Punjabi program Offensive language. Consideration to likely audience. Complaint about sponsorship announcements 2RES Waverley Voice of India exceeding 5 mins per hour and interview Advertisements; sponsorship limits. amounting to advertising. Broadcasting of advertisements and sponsorship 2PAR Ballina announcements exceeding 5 mins per hour. Advertisements; sponsorship limits. Not operating for profit or as part of a 2SER Sydney Station making a profit. profit-making enterprise. Station operating as part of a profit-making Not operating for profit or as part of a 2SER Sydney Dhanak enterprise in broadcasting the Dhanak program. profit-making enterprise. Victoria Licensee did not keep a record of matter 3EON Bendigo broadcast for required period. Retain copy of broadcast. 3JOY Melbourne No political tag given in various broadcasts. Tagging political broadcasts. Broadcasting advertisements and sponsorship 3JOY Melbourne T-Cell Variety Hour announcement exceeding 5 mins per hour. Advertisements; sponsorship limits. Entire broadcast was an advertisement or sponsorship announcement for Melbourne Queer 3JOY Melbourne Film Festival and contained advertisement for Advertisements; sponsorship limits. Volkswagon.

Continued/...

88 ACMA ANNUAL REPORT 2005–06 Continued from page 88 Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered Queensland

4FRB Brisbane Focus on the Family Comments vilified homosexuals. Vilification.

4RHI Gold Coast Board members acting inappropriately. Suitability to hold licence.

Western Australia Licensee not adequately 6PCR Fremantle representing the community interest. Representing community. Tasmania

Various complaints regarding inappropriate song lyrics and Incite violence; consideration of announcers comments and that the audience; stereotype/incite hatred; 7EDGE Hobart mandatory number of on-air programming practices; announcements regarding codes were consent/privacy; CBAA announcement; not broadcast. Complaints handling. complaints handling.

TEMPORARY COMMUNITY BROADCASTING LICENCES

Cape Care Association Inc Weipa Broadcasting advertisements. Advertising.

ABC TELEVISION

ABN Northern NSW Anti-George Bush bias. Impartiality/balance.

Item about fixed term elections was ABT The 7.30 Report false, biased and misrepresented the Accuracy; bias. situation. Story on murder trial was inaccurate, ABN Sydney Four Corners unfair and unbalanced. Accuracy; impartiality/balance. Two females depicted in a sexually ABW Perth Roller Coaster suggestive way - excessive for a G Content involving sexual activity in G rated program. classification. Language which was derogatory or ABW Remote and Regional Victoria The Glass House Vilification of the Catholic religion. discriminatory of persons on account of religious belief. Bias during discussion based on ABN Sydney Enough Rope Middle East conflict. Factual accuracy. Inaccuracy in references to a ABV Melbourne Midday Report company and no right of reply Factual accuracy; impartiality/balance. accorded to the company. ABN Sydney ABC News Coarse language. Language. Pro-Israel bias in news reporting ABN Sydney ABC News about the Middle East. Impartiality/balance; complaints Complaints handling. handling. ABC RADIO

3ABCF Albury Morning Program Report not factually accurate. Factual accuracy.

SBS RADIO

6SBSF Perth Lo Scandaglio Complainant alleges left wing bias. Balance over time.

SBS TELEVISION

'M' rated program broadcast in SBS Regional Qld Faust a 'PG' time zone featured nudity. Classification.

Impartiality and bias in news SBS Sydney World News report about Middle East. Fairness; objectivity and balance. Use of the term 'lunatics' was SBS Northern NSW Speedweek discriminatory against people with Discrimination on the basis of mental mental illness. disability. Portrayal of marijuana smoking as SBS Brisbane Pizza Does Nimbin desirable. M Classification - drug use. Sexist comment made about SBS Melbourne The World Game women in commentary on this Care and sensitivity in portrayal of show which is devoted to soccer. women. Care and sensitivity in portrayal of SBS Northern NSW The Real Family of Jesus Disrespectful of Christians. religion.

Offensive material - animal M Classification – religion, violence, SBS Perth Speaking in Tongues cruelty and religious vilification. classification category) PG Classification – sex and nudity, SBS Brisbane The Movie Show Inappropriate content. classification categories. Classification symbol.

ACMA ANNUAL REPORT 2005–06 89 Table 46: Terminated investigations

Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Today Tonight - Report did not accurately portray a ATN Sydney The Battle of Brittany neighbourhood dispute Complaint lodged out of time Complaint withdrawn – problem CBN Southern NSW Channel Seven News News not captioned identified as digital set top box

Queensland

TVQ Brisbane Complaints handling Complaint withdrawn

Victoria

WOW Remote and regional Vic Big Brother Uncut Offensive content Specific broadcast details not provided

COMMERCIAL RADIO

Victoria

Complaint not made according 3AW Melbourne Drive Character assassination to s.148 of Broadcasting Services Act

COMMUNITY RADIO

New South Wales

Untagged sponsorship 2OOO Sydney Urdu program announcements Complaint withdrawn

Victoria

Failure to encourage community participation; failure to represent 3EON Bendigo community interest and broadcasting Complaint withdrawn in excess of 5 minutes per hour of sponsorship announcements

SUBSCRIPTION BROADCASTING TV Language, failure to provide The Simpsons substantive response Complaint withdrawn

90 ACMA ANNUAL REPORT 2005–06 Appendix 8: Freedom of Information SECTION 8 STATEMENT The Freedom of Information Act 1982 (FOI Act) creates a right to access information in the possession of Commonwealth Government agencies by making information available about their organisation, functions and operations, and methods and practices adopted in making decisions affecting members of the public. Section 8 of the FOI Act requires each agency to publish details of its nature and functions including its powers, kinds of decisions made, arrangements for public involvement in its work and how members of the public can obtain access to information. This appendix supplements information in the body of this report about the role and functions of ACMA, for the purposes of section 8 of the FOI Act and is correct at 30 June 2006. FOI PROCESSES Anyone is entitled to request access to information held by ACMA (including information previously held by the ABA and the ACA). Applications must be in writing (letter, fax or email) and accompanied by an application fee of $30 or a request for waiver of that fee. Applicants requesting waiver are advised to provide evidence of financial hardship or explain how granting their request is in the public interest. If the documents are publicly available it is not necessary to make an FOI request. ACMA makes a large amount of information available free of charge on its website and through central offices. See Appendix 1 for contact details. If the documents sought are not publicly available, contact should be made with ACMA’s FOI Coordinator on telephone (02) 9334 7823. Correspondence on FOI matters (including FOI applications) should be sent to: Attention: Freedom of Information Coordinator Australian Communications and Media Authority PO Box Q500 Queen Victoria Building NSW 1230 The Chair of ACMA has powers to grant or refuse access to information held by ACMA and to impose charges for processing an FOI application. The Chair has authorised some nominated officers in the agency to exercise these powers. ACMA usually gives access by providing photocopies or emailed scans of the original records. It may be possible to arrange for personal inspection of records, or computer terminal access to some records, at ACMA’s offices. DOCUMENTS Records are held by ACMA in various forms, including paper files, audiovisual recordings and computer media. Files are maintained on topics relating to the functions of ACMA and are managed by ACMA’s Information Management Section. Computer databases are maintained for bulk record keeping. For example, ACMA maintains a database called the RADCOM database that contains technical, licensing and financial information on radiocommunications licensing. The types of documents held by ACMA include: • brochures, bulletins and information papers; • correspondence; • field staff guidelines; • financial records and reports; • legal instruments; • mailing lists; • ministerial briefing papers; • policy advice; • research and discussion papers; • submissions to committees; • technical journals; • technical operating instructions; • workplace agreements; • working party reports; and • records related to staffing and other human resources activities.

ACMA ANNUAL REPORT 2005–06 91 ACMA also holds a variety of documents produced by its predecessors (the ABA, the ACA, the Australian Broadcasting Tribunal, AUSTEL and the Spectrum Management Agency). However, documents produced by the former Competition Branch of AUSTEL are held by the ACCC. Various registers were maintained by AUSTEL, the ABA and the ACA. Those registers are now held by ACMA or the ACCC, including registers that are no longer maintained. DOCUMENTS FREELY AVAILABLE Documents available free of charge include brochures, bulletins, discussion papers and reports, and technical information papers. The best source for these documents is the ACMA website at www.acma.gov.au. Legislative instruments made by ACMA are available on the Federal Register of Legislative Instruments at www.comlaw.gov.au. DOCUMENTS AVAILABLE FOR PURCHASE ACMA had a number of documents available for purchase, including: • Broadcast Transmitter Data; • Radio and Television Broadcasting Stations 2005; and • annual Broadcasting Financial Results 2004–05. ACMA also produces CD-ROMs of technical and licensing information that are available to the public. FREEDOM OF INFORMATION ENQUIRIES 2005–06 During 2005–06, ACMA received 11 requests under the FOI Act for access to documents (see Table 47).

Table 47: Freedom of Information statistics, 2004–05

Requests received Number received 11

Access in full 3

Access in part 2

Access refused/no documents located 1 Action on requests Transferred 0

Withdrawn 4

Current as at 30 June 2005 1

0–30 days 3

Response time 31–60 days 3

61–90 days 0

Internal review Applications received 0

Review by Administrative Appeals Tribunal Applications received 0

Fees and charges Total application fees collected $300

92 ACMA ANNUAL REPORT 2005–06 Appendix 9: Legislation ACMA performed its principal functions under the following legislation. Table 48: Legislation

Acts and amending Acts 2005–06 Act number Date of assent Date of commencement

Ss. 3-68: 1 July 2005 Remainder: Australian Communications and Media Authority Act 2005 44, 2005 1 April 2005 Royal Assent

Broadcasting Services Act 1992 as amended in 2004–05 by: 110, 1992 14 July 1992

Schedule 1 (items 6-58) and Schedule Australian Communications and Media Authority 45, 2005 1 April 2005 4: 1 July 2005 Schedule 2: I July (Consequential and Transitional Provisions) Act 2005 2005 Broadcasting Services Amendment (Subscription Television Schedule 1: 1 January 2006 Drama and Community Broadcasting Licences) Act 2006 71, 2006 23 June 2006 Remainder: Royal Assent

Datacasting Charge (Imposition) Act 1998 98, 1998 27 July 1998

Schedules 1 and 2: 1 July 2005 Datacasting Charge (Imposition) Amendment Act 2005 49, 2005 1 April 2005 Remainder: Royal Assent

Interactive Gambling Act 2001 84, 2001 11 July 2001

Schedule 1 (items 68-70) and Schedule Australian Communications and Media Authority 45, 2005 1 April 2005 4: 1 July 2005, Schedule 2: 1 July (Consequential and Transitional Provisions) Act 2005 2005

Radiocommunications Act 1992 174, 1992 11 December 1992

Schedule 1 (items 71-118) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005 Offshore Petroleum (Repeals and Consequential Schedule 2 (items 99-102): upon Amendments) Act 2006 17, 2006 29 March 2006 proclamation

Radio Communications Taxes Collection Act 1983 133, 1983 22 December 1983

Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 45, 2005 1 April 2005 Schedule 2, Schedule 4: 1 July 2005

Radio Licence Fees Act 1964 119, 1964 24 November 1964

Schedules 1 and 2: 1 July 2005 Radio Licence Fees Amendment Act 2005 53, 2005 1 April 2005 Remainder: Royal Assent

Spam Act 2003 129, 2003 12 December 2003

Schedule 1 (items 121-123) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005

Telecommunications Act 1997 47, 1997 22 April 1997

Schedule 1 (items 127–160) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005 Schedule 1 (items 1-7): 20 September Telecommunications and Other Legislation Amendment 2005 Schedule 1 (items 8-105): 20 (Protection of Submarine Cables and Other Measures) 104, 2005 23 August 2005 September 2005 Schedule 2: 24 Act 2005 August 2005 Remainder: Royal Assent Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005 117, 2005 23 September 2005 Schedule 3: 23 March 2006 Schedules 1, 3, 8, 10 and 13: 24 Sept Telecommunications Legislation Amendment (Competition 119, 2005 23 September 2005 2005 Schedule 2: 21 October 2005 and Consumer Issues) Act 2005 Schedule 11 (items 1–7): 1 Jan 2006 Schedule 1 (items 24A–24G): 13 June Telecommunications (Interception) Amendment Act 2006 40, 2006 3 May 2006 2006

Do Not Call Register (Consequential Amendments) Act 2006 89, 2006 30 June 2006 Schedule 1 (items 1–41): Royal Assent

Telecommunications (Consumer Protection and Service Standards) Act 1999 50, 1999 5 July 1999 Schedule 1 (items 161–165) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 (Consequential and Transitional Provisions) Act 2005 Schedule 2: 1 July 2005 Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005 117, 2005 23 September 2005 Schedules 1 and 2: Royal Assent Offshore Petroleum (Repeals and Consequential Schedule 2 (item 112): commences on Amendments) Act 2006 17, 2006 29 March 2006 proclamation

Television Licence Fees Act 1964 118, 1964 24 November 1964

Schedules 1 and 2: 1 July 2005 Television Licence Fees Amendment Act 2005 48, 2005 1 April 2005 Remainder: Royal Assent

ACMA ANNUAL REPORT 2005–06 93 Appendix 10: ACMA instruments The instruments made by ACMA in 2005–06 are shown in Table 49.

Table 49: ACMA instruments made since 1 July 2005

Title Act Section Date/detail

Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2005 (No.1) Radcom Act 1992 s.134 18/08/2005 Reg:23/8/05 F2005L02339

Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 Radcom Act 1992 s.135 18/08/2005 Reg:23/8/05 F2005L02340

Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 Radcom Act 1992 s.86 & 88 2/09/2005 Reg:8/9/05 F2005L02543

Radiocommunications (Defence Spectrum Access Charge) Determination 2005 Radcom Act 1992 s.294 2/9/05

Radiocommunications (20 GHz and 30 GHz Bands) Conversion Plan 2005 Radcom Act 1992 s.38 2/09/2005 GN:36 14/9/05

Telecommunications (Minor Variation to Numbering Plan) Declaration 2005 Telecom Act 1997 p.460(3)(a) 29/09/2005 Reg:4/10/05 F2005L02943

Telecommunications Numbering Plan Variation 2005 (No.3) Telecom Act 1997 s 455 29/09/2005 Reg:4/10/05 F2005L02942

Radiocommunications (Communication with AUSSAT C 156E GOV Satellite Network) Class Licence 2005 Radcom Act 1992 ss 132(1) 13/10/2005 Reg:18/10/05 F2005L03097

Radiocommunications (Accreditation - Prescribed Certificates) Amendment Principles 2005 (No.1) Radcom Act 1992 s.266 13/10/2005 Reg:18/10/05 F2005L03100

Radicommunications (section 145(3) Certificates) Amendment Determination 2005 (No.1) Radcom Act 1992 s.266A 13/10/05 Reg:18/10/05 F2005L03101

Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No.1) Radcom Act 1992 p. 107(1)(f) 13/10/05 Reg:18/10/05 F2005L03106

Radiocommunications (Qualified Operators) Determination 2005 Radcom Act 1992 s.119 13/10/2005 Reg:18/10/05 F2005L03116

Radiocommunications (Interpretation) Amendment ACA Act 1997 & 54(1) s5 p7(1)(a) Determination 2005 (No.2) Radcom Act 1992 (b), 10A (1) etc 13/10/2005 Reg:18/10/05 F2005L03125

Radiocommunications (Charges) Amendment Determination 2005 (No.2) ACMA Act 2005 ss 60(1) 13/10/2005 Reg:18/10/05 F2005L03126

Radiocommunications Amendment Standard 2005 (No.1) Radcom Act 1992 ss 162 (1 17/11/2005 Reg 22/11/05 F2005L03647

Telecommunication Numbering Plan Variation 2005 (No.4) Telecom Act 1997 s 455 17/11/2005 Reg22/11/05 F2005L03651

Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No.1) Telecom Act 1997 ss 419 (1) 17/11/2005 Reg22/11/05 F2005L03649

Telecom (Consumer Notice of Approval of Variation to Approved Standard Protection & Service s 12X & 12W 24/11/2005 GN 48 7/12/05 Marketing Plan (Telstra Corporation Limited) Standards) Act 1999

Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No.1) Radcom Act 1992 p 16(1)(ca) 8/12/2005 Reg:14/12/05 F2005L04041

Radiocommunications (Interpretation) Amendment ACA Act 1997 & 54(1) s5 p7(1)(a) Determination 2005 (No.3) Radcom Act 1992 (b), 10A (1) etc 8/12/2005 Reg:14/12/05 F2005L04043

Continued/...

94 ACMA ANNUAL REPORT 2005–06 Continued from page 94 Title Act Section Date / detail

Telecommunications Technical Standard (Safety of Information Technology Equipment – AS/NZS 60950:2000 (Incorporating Telecom Act 1997 ss 376 (1) 8/12/2005 Reg:14/12/05 F2005L04042 Amendment No. 1)) 2005

Telecommunications Technical Standard ( Information Technology Equipment – Safety, Part 1:General requirements AS/NZS Telecom Act 1997 ss 376 (1) 8/12/2005 Reg:14/12/05 F2005L04044 60950:1:2003) 2005

Telecommunications Cabling Provider Amendment Rules 2005 (No.1) Telecom Act 1997 ss 421 (1) 8/12/2005 Reg:14/12/05 F2005L04052

Radiocommunications (Certificates - 27 GHz Band) Determination (Revocation) 2005 Radcom Act 1992 s 266A 8/12/2005 Reg:14/12/05 F2005L04054

Telecommunications Technical Standard (Analogue Interworking a nd non-interference requirements for Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF Telecom Act 1997 ss 376(1) 22/12/05 Reg:6/1/06 F2006L00085 S002:2005) 2005

Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telecom Act 1997 ss 376(1) 22/12/2005 Reg:6/1/06 F2006L00087 Telephone Network - AS/ACIF S041:2005) 2005

Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Telecom Act 1997 ss 376(1) 22/12/2005 Reg:6/1/06 F2006L00086 Part 3:GSM Customer Equipment - AS/ACIF S042.3:2005) 2005

Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No.2) Radcom Act 1992 p 107 (1)(f) 22/12/2005 Reg:6/1/06 F2006L00083

Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No.1) Radcom Act 1992 s.182 2/02/2006 Reg: 8/2/06 F2006L00342

Telecommunications (Date of Imposition of Charge) Telecom Numbering Determination 2006 Charges) Act 1997 ss 18(2) 19/01/2006 Reg:24/1/06 F2006L00219

Radiocommunications (Receiver Licence Tax) Amendment Radcom (Rec Lic Tax) Determination 2006 (No.1) Act 2983 ss 7(1) 3/02/2006 Reg:8/2/06 F2006L00343

Radiocommunications (Transmitter Licence Tax) Amendment Radcom (Trans Lic Tax) Determination 2006 (No.1) Act 1983 ss 7(1) 2/02/2006 Reg: 8/2/06 F2006L00344

Telecommunications (Approved Auditors and Auditing Requirements) Determination 2006 Telecom Act 1997 ss 136C(5) 24/03/2006 Reg:24/3/06 F2006L00924

Telecommunications (Non-refundable Code Development Costs) Determination 2006 Telecom Act 1997 ss 136E(1) 24/03/2006 Reg:24/3/06 F2006L00920

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No.1) Telecom Act 1997 s.407 30/03/2006 Reg:4/4/06 F2006L01010

Telecommunications (Submarine Cable Permit - Application Charge) Determination 2006 ACMA Act 2005 s.60 30/3/06 Reg:4/4/06 F2006L01009

Telecommunications (Amounts of Annual Charge) Telecom (Numbering Determination 2006 Charges) Act 1997 ss20(1) 13/04/2006 Reg:24/4/06 F2006L01177

Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) Telecom Act 1997 ss 480A(2) 27/04/2006 Reg:5/5/06 F2006L01408

Radiocommunications (Prohibited Device) (AFP testing of Mobile Telephone Jamming Devices) Exemption Determination 2006 Radcom Act 1992 ss27(2) 11/05/2006 Reg: 15/5/06 F2006L01517

Telecommunications Numbering Plan Variation 2006 (No.1) Telecom Act 1997 455 25/05/2006 Reg:30/5/06 F2006L01628

Continued/...

ACMA ANNUAL REPORT 2005–06 95 Continued from page 95 Title Act Section Date/detail

Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No.1) Radcom Act 1992 p.16(1)(ca) 25/05/2006 Reg:30/5/06 F2006L01629

Telecom (Annual Carrier Telecommunications (Annual Carrier Licence Licence Charges) Act ss 14(1) 8/6/06 Reg:13/6/06 F2006L01794 Charge) Determination 2006 1997

Telecom (Annual Carrier Telecommunications (Costs Attributable to Telecommunications Licence Charges) Act p 15 (1)(a) 8/6/06 Reg:13/6/06 F2006L01808 Functions and Powers) Determination 2006 1997

Telecom (Annual Carrier Telecommunications (Recovery of ITU Budget Contribution) Licence Charges) Act p 15 (1)(c) 8/6/06 Reg:13/6/06 F2006L01805 Determination 2006 1997

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No.2) Telecom Act 1997 s. 407 22/6/06 Reg:27/6/06 F2006L01983

Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01977 Part 1:General – AS/ACIF S042.1:2006) 2006

Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01976 network – Part 2:CDMA (IS-95) AS/ACIF S042.2:1999) 2006

Telecommunications Technical Standard (Requirements for customer cabling products AS/ACIF S008:2006) 2006 Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01981

Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01980 network – Part 1:General AS/ACIF S042.1:1999) 2006

Telecommunications (Submarine Cable Permit – Application Charge) Determination 2006 (No.2) ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01963

Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2006 ACMA Act 2005 ss 60` 22/6/06 Reg:27/6/06 F2006L01967

Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2006 ACMA Act 2005 s.60 22/6/06 Reg:27/6/06 F200601975

Telecommunications (Freephone and Local Rate Numbers Auctions - Registration Charge) ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01974 Determination 2006 (No.1)

Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01971

Radiocommunications (Charges) Determination 2006 ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01973

Telecommunications (Charges) Determination 2006 ACMA Act 2005 s.60 22/6/06 Reg:27/6/06 F2006L01968

96 ACMA ANNUAL REPORT 2005–06 Appendix 11: Notifications, directions and instruments Section 14 of the Australian Communications and Media Authority Act 2005 requires copies of directions and instruments to be included in ACMA’s annual report.

Table 50: Documents included in this appendix

Date Document

Broadcasting Services (Anti-Siphoning Monitoring) 21 September 2005 Direction (No 1) 2005

ACMA ANNUAL REPORT 2005–06 97 Appendix 12: Disclosures of information Under section 57(2)(g) of the Australian Communications and Media Authority Act 2005, ACMA is required to provide statistical information relating to information or documents disclosed under Division 3 of Part 13 of the Telecommunications Act 1997 during the financial year and covered in a report to ACMA under section 308 of the Telecommunications Act 1997. This information is provided in Table 51.

Table 51: Disclosures of information reported under section 308, 2005–06

Reason for disclosure Section of Telecommunications Act 1997 No. of disclosures

Authorised by or under law 280 13,634

Made as a witness under summons 281 69

For the enforcement of the criminal law—not certified 282(1) 396,430

For the enforcement of the criminal law—certified 282(3) 285,206

For the enforcement of a law imposing a pecuniary penalty or protection of public revenue—not certified 282(2) 14,240

For the enforcement of a law imposing a pecuniary penalty—certified 282(4) 1,530

To protect public revenue—certified 282(5) 89,325

To assist ACMA 284(1) 13

To assist the ACCC 284(2) 187

To assist the TIO 284(3) 5,877

To avert a threat to a person's life or health 287 4,085

Communications for maritime purposes 288 1

With the knowledge or consent of person concerned 289 133,765

In circumstances prescribed in Telecommunications Regulations 2001 292 5

Its use is connected with an exempt disclosure 293 0

Total number of disclosures 944,367

98 ACMA ANNUAL REPORT 2005–06 Appendix 13: Consultancies, advertising expenditure and competitive tendering During 2005–06, 21 new consultancies were entered into, with total actual expenditure of $522,931. In addition, 10 consultancies from previous years continued, incurring a cost of $289,008. Table 52: Summary of new consultancies for 2005–06

Consultant Description Contract Value $ Selection method Principal justification

AON 2006 Asset revaluation 27,857 Direct sourcing Skill

Ascent Governance P/L Review and update of ACMA IT security policy 33,925 Direct sourcing Skill Australian Communications Industry Forum Cost-Benefit Study into a Single Consumer Code 25,000 Direct sourcing Skill Conduct a review of digital data holdings and Clear Lead P/L management 61,776 Direct sourcing Independent Consumers Support to Global Collaboration Standards Telecommunications Network Workshop #10 33,710 Direct sourcing Skill Planning of FM radio retransmission services for Gibson Quai – AAS P/L ABC and SBS 339,768 Open tender Skill Audit of customer cabling installations for Gibson Quai – AAS P/L compliance with codes 98,800 Open tender Skill Gibson Quai – AAS P/L Support to the voice, video and data upgrade project 34,639 Direct sourcing Skill Support to Asia Pacific Telecommunity Standardisation GSA Information Consultants Program Workshop and Meeting #10 13,750 Direct sourcing Skill Support to Asia Pacific Telecommunity Standardisation GSA Information Consultants Program Workshop and Meeting #11 12,500 Direct sourcing Skill Indicium Technology Group Conduct a network threat and risk assessment 26,415 Direct sourcing Skill McNair Ingenuity Research P/L Qualitative research on commercial radio consumers 41,610 Direct sourcing Independent Microsoft Support for installation of Active Directory 27,390 Direct sourcing Skill

Newspoll Survey of public awareness of 000 service 34,100 Direct sourcing Independent Provision of advice on indigenous PBM Group P/L telecommunications issues 15,000 Direct sourcing Skill PBM Group P/L Support to the APEC Telecommunications forum #32 19,822 Direct sourcing Skill

PBM Group P/L Support to the APEC Telecommunications forum #33 30,000 Direct sourcing Skill Ponderosa Support to Asia Pacific Telecommunity Standardisation Communications P/L Program Workshop and Meeting #10 22,000 Direct sourcing Skill Review of ACMA’s Business Classification System Siller Systems component of records management 16,560 Direct sourcing Skill SMS Consulting Group Ltd Update of IT Strategic Plan 19,800 Direct sourcing Independent The Slater Marketing Group P/L Telecommunications consumer information research 84,040 Restricted tender Skill Total value 1,018.462

Notes 1. Open tender means a procurement process where a request for tender is published inviting all suppliers who meet the conditions for participation to submit tenders. 2. Direct sourcing means a procurement process where one or several potential suppliers with appropriate expertise are invited to bid for the supply of goods or services. 3. Skill means that the justification for the service is the requirement for specialised skills. 4. Independent means that the justification for the service is the requirement for an independent view. ADVERTISING During the year, ACMA placed advertising for a range of purposes including public notices, recruitment, tender notices and calls for submissions. Direct mail was used for periodicals and other information material. Expenditure by ACMA on advertising in 2005–06 was $0.470 million. COMPETITIVE TENDERING No contracts have been let that contract out delivery of government activities previously performed by a Commonwealth agency. ACCESS BY AUDITOR GENERAL No contracts have been let that prevent access by the Auditor General. EXEMPTIONS FROM THE PURCHASING AND DISPOSALS GAZETTE No exemptions have been sought or granted.

ACMA ANNUAL REPORT 2005–06 99 Appendix 14: Outcome and output structure

Table 53: Outcome 1—An efficient industry and a competitive market

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 0 303 303 180

Price of departmental outputs

Revenue from government for departmental outputs

Output 1.1—Managed Regulation of Radiocommunications 29,069 32,681 3,612 30,634

Output 1.2—Managed Regulation of Telecommunications 12,375 12,667 292 14,845

Output 1.3 - Managed Regulation of Postal Services 2,596 0 (2,596) 0

Total revenue from government for departmental outputs 44,040 45,348 1,308 45,479

Revenue from other sources 2,335 3,108 773 1,280

Total price of departmental outputs 46,375 48,456 2,081 46,759

Total for Outcome 1 46,375 48,759 2,384 46,939

Explanation of overspend for Output 1.1—Managed Regulation of Radiocommunications The overspend of $3.612 million is due to the recognition of $0.957 million of expenses owing to the International Telecommunication Union which was not budgeted for, and a general underspend in Outputs 2.1, 2.2, 3.1 and 3.2 which has resulted in a greater attribution of overheads to this output. Overheads are allocated based on staff numbers. Explanation of underspend for Output 1.3—Managed Regulation of Postal Services The underspend in Output 1.3 of $2.596 million is due to the fact the legislation for this function was withdrawn and this function was not performed. The funding has been returned to government.

100 ACMA ANNUAL REPORT 2005–06 Table 54: Outcome 2—An informed community with consumer safeguards

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 211,430 219,347 7,917 158,492

Price of departmental outputs

Revenue from government for departmental outputs

Output 2.1—Consumer Safeguards 10,243 9,212 (1,031) 16,369

Output 2.2—Consumer Information 4,292 3,488 (804) 5,416

Total revenue from government for departmental outputs 14,535 12,700 (1,835) 21,785

Revenue from other sources 84 319 235 400

Total price of departmental outputs 14,619 13,019 (1,600) 22,185

Total for Outcome 2 226,049 232,366 6,317 180,677

Explanation of underspend for Output 2.1—Consumer Safeguards The underspend for Output 2.1 is primarily due to the Authority's need to reconsider a number of its key functions relating to this output and delays in these considerations due to the restructure. ACMA has also taken the opportunity presented by the merger and restructure to review its practices in a number of areas which contribute to Output 2.1. Under section 59 of the ACMA Act, ACMA is required to establish a Consumer Consultative Forum (CCF). Deliberations on the membership and focus of ACMA's CCF took place throughout 2005–06 and consequently no meetings of the CCF were held. The Authority also considered new approaches to its compliance practices, which curtailed the normal volume of activity in this area which also contributes significantly towards Output 2.1. Expenditure will return to former levels in 2006–07. Explanation of underspend for Output 2.2—Consumer Information The underspend of $804,000 in Output 2.2 is attributable to the suspension of the program of consumer information activities in order to develop a new consumer education strategy that aligns with the goals and priorities of the merged and restructured ACMA. Expenditure will return to former levels on completion and implementation of the strategy.

ACMA ANNUAL REPORT 2005–06 101 Table 55: Outcome 3—Accessible, diverse and responsible electronic media

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 0 0 0 0

Price of departmental outputs

Revenue from government for departmental outputs

Output 3.1—Planned and Licensed Electronic Media Services 8,980 8,061 (919) 8,789

Output 3.2—Managed Performance and Review of Electronic Media 8,290 6,748 (1,542) 5,016

Total revenue from government for departmental outputs 17,270 14,809 (2,461) 13,805

Revenue from other sources 498 544 46 0

Total price of departmental outputs 17,768 15,353 (2,415) 13,805

Total for Outcome 3 17,768 15,353 (2,415) 13,805

Explanation of underspend for Outputs 3.1 and 3.2 Significant underspends in both of these outputs resulted primarily from staff attrition, coupled with reduced recruitment action. This was a period in which ACMA developed and populated a 'converged' structure more appropriate to a merged regulator. The new structure incorporated elements of the legacy agency previously working on these outputs with elements of the other legacy agency in new configurations. Before this structure was implemented in February, recruitment had been constrained until operational needs were better understood. Afterwards, there was a lag between implementation of the new structure and new starters arriving as a result of recruitment. Merger related activity and staff attrition also contributed to slippages and reductions in some non-staff related expenditure. Expenditure is expected to be on budget for 2006–07.

102 ACMA ANNUAL REPORT 2005–06

Appendixes to annual report 2005–06 S E X I D N E

6. Programs and content P

7. Investigations into complaints P

8. Freedom of Information A 9. Legislation 10. ACMA instruments 11. Notifications, directions and instruments 12. Disclosures of information 13. Consultancies, advertising expenditure and competitive tendering 14. Financial statements Appendix 6: Programs and content

Table 42: Programs granted children’s or preschool classification in 2005–06 Program title Style Type Origin Applicant Provisional—PRC Blue Water High (series 2, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Dive Olly Dive (series 1, episodes 1-26) Animation Drama Australia Yoram Gross EM TV Pty Ltd Erky Perky (series 1, episodes 1-26) Animation Drama Australia Ambience Concept Pty Ltd FARMkids (series 1, episodes 1-26) Animation Drama Australia FARMkids Pty Ltd Gumnutz (series 1, episodes 1-26) Animation Drama Australia John Cook I Got A Rocket! (series 1, episodes 1-52) Animation Drama Australia SLR Productions Pty Ltd Parallax – Stormworld (series 2, episodes 1-26) Live action Drama Australia Great Western Entertainment Pty Ltd Penrose Street (series 1, episodes 1-13) Live action Drama Australia Endemol Southern Star Roly in the Country with Blue (series 1, episodes 1-26) Animation Drama Australia Dreamcloud Entertainment Pty Ltd Australia/ Seaside Hotel (series 2, episodes 1-26) Animation Drama France Yoram Gross EM TV Pty Ltd Sleepover Club (series 3, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Staines Down Drains (series 1, episodes 1-26) Animation Drama Australia Yoram Gross EM TV Pty Ltd Streetsmartz (series 3, episodes 27-39) Live action Drama Australia Great Western Entertainment Pty Ltd Sumo Mouse (series 1, episodes 1-52) Animation Drama Australia Moody Street Kids Pty Ltd Swamp (series 1, episodes 1-52) Animation Drama Australia Upstage Productions Pty Ltd The Fomorian (series 1, episodes 1-26) Live action Drama Australia Muskoka Australia Pty Ltd Wormwood (series 1, episodes 1-26) Live action Drama Australia AIP Entertainment Pty Ltd Provisional—PRP Light entertainment- Southern Star Entertainment Pty Ltd Raggs (series 1, episodes 1-65) Live action- animation variety Australia Preschool—P Here’s Humphrey (series 5, Live action- episodes 0091-0135) puppetry Light entertainment-variety Australia Banksia Productions Pty Ltd Hi-5 (series 8, episodes 1-45) Live action Light entertainment-variety Australia Kids Like Us Pty Ltd New MacDonald’s Farm (series 3, Live action- episodes 91-135) puppetry Light entertainment-variety Australia Pacific and Beyond Pty Ltd Live action- Raggs (series 1, episodes 1-65) animation Light entertainment-variety Australia Southern Star Entertainment Pty Ltd Live action- The Fairies (series 1, episodes 1-52) animation Light entertainment-variety Australia The Fairies Development Pty Ltd Children’s—C Bush Beat (series 1, episodes 1-26) Live action Information-magazine Australia Nine Network Australia Pty Ltd Bush Beat (series 2, episodes 27-39) Live action Information-magazine Australia Nine Network Australia Pty Ltd I was a Rat! Live action Drama Canada Nine Network Australia Pty Ltd Light entertainment- It’s Academic (series 2, episodes 1-65) Live action competition/game show Australia Seven Network (Operations) Limited Light entertainment- It’s Academic (series 3, episodes 1-65) Live action competition/game show Australia Seven Network (Operations) Limited Light entertainment- Mighty Good Kids (series 1, episodes 1-90) Live action magazine Australia Might Good Productions Pty Ltd Scary Godmother Animation Drama Canada Nine Network Australia Pty Ltd Scope (series 1, episodes 1-65) Live action Information-magazine Australia Network Ten Pty Ltd The Blue Butterfly Live action Drama Canada Nine Network Australia Pty Ltd The Night Before Christmas – A Mouse Tale Animation Drama US Nine Network Australia Pty Ltd The Shak (series 1, episodes 1-65) Live action Light entertainment-magazine Australia Nine Network Australia Pty Ltd The Shak(series 2, episodes 1-65) Live action Light entertainment-magazine Australia Nine Network Australia Pty Ltd The Tale of Jack Frost – The Boy with the Frozen Touch Animation Drama UK Nine Network Australia Pty Ltd Totally Wild (series 15, episodes 1-180) Live action Light entertainment-magazine Australia Network Ten Pty Ltd

Continued/...

82 ACMA ANNUAL REPORT 2005–06 Continued from page 82 Program title Style Type Origin Applicant –Australian children’s drama—CD

Anna and the King Animation Drama Australia Burbank Animation Studios Pty Ltd D4 – The Trojan Dog Animation Drama Australia Burbank Animation Studios Pty Ltd Deadly (series 1, episodes 1-13) Animation Drama Australia SLR Productions Pty Ltd Dogstar (series 1, episodes 1-13) Animation Drama Australia Media World Pictures Pty Ltd Dogstar (series 1, episodes 14-26) Animation Drama Australia Media World Pictures Pty Ltd Easter in Bunnyland Animation Drama Australia Burbank Animation Studios Pty Ltd Erky Perky (series 1, episodes 1-13) Animation Drama Australia Erky Perky Pty Ltd Erky Perky (series 1, episodes 14-26) Animation Drama Australia Erky Perky Pty Ltd FARMkids (series 1, episodes 1-13) Animation Drama Australia FARMkids Pty Ltd Faireez (series 2, episodes 40-52) Animation Drama Australia Moody Street Kids Pty Ltd H2O – Just Add Water (series 1, episodes 1-13) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd H2O – Just Add Water (series 1, episodes 14-26) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd I Got A Rocket! (series 1, episodes 1-26) Animation Drama Australia SLR Productions Pty Ltd Jungle Girl and the Lost Island of the Dinosaurs Animation Drama Australia Burbank Animation Studios Pty Ltd Lockie Leonard – Human Torpedo (series 1, episodes 1-13) Live action Drama Australia RB Films Pty Ltd Lockie Leonard – Human Torpedo (series 1, episodes 14-26) Live action Drama Australia RB Films Pty Ltd Australian Children’s Television Mortified (series 1, episodes 1-13) Live action Drama Australia Foundation Australian Children’s Television Mortified (series 1, episodes 14-19) Live action Drama Australia Foundation Australian Children’s Television Mortified (series 1, episodes 20-26) Live action Drama Australia Foundation Outriders (series 1, episodes 1-26) Live action Drama Australia Southern Star Entertainment Pty Ltd Pirate Islands 2 – The Lost Treasure of Fiji (episodes 1-13) Live action Drama Australia Jonathan M Shiff Productions Pty Ltd Australia/ Seaside Hotel (series 2, episodes 1-26) Animation Drama France Yoram Gross EM TV Pty Ltd Silent Night – The Story of the First Christmas Animation Drama Australia Burbank Animation Studios Pty Ltd Streetsmartz (series 2, episodes 14-26) Live action Drama Australia Great Western Entertainment Pty Ltd Streetsmartz (series 3, episodes 27-39) Live action Drama Australia Great Western Entertainment Pty Ltd The Canterville Ghost Animation Drama Australia Burbank Animation Studios Pty Ltd The Little Drummer Boy Animation Drama Australia Burbank Animation Studios Pty Ltd The Real Macaw Live action Drama Australia Nine Network Australia Pty Ltd The Tribe – The New Tomorrow Australia/ (series 1, episodes 1-13) Live action Drama New Zealand Little White Cloud Development The Tribe – The New Tomorrow Australia/ (series 1, episodes 14-26) Live action Drama New Zealand Little While Cloud Development

Table 43: Children’s television consultants in 2005–06

Name Expertise

Dina Browne Production

Robert Greenberg Script writing/assessment/editing

Alan Hardy Production

Simon Hopkinson Script writing/editing

Stephen Measday Script writing/editing

Fiona Mitchell Curriculum/child development/early childhood

Carole Wilkinson Script writing/editing

ACMA ANNUAL REPORT 2005–06 83 APPENDIX 7: Investigations into complaints Please note: media releases and breach reports relating to these complaints are available on the ACMA website, at www.acma.gov.au.

Table 44: Investigations completed in 2005–06

Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Inappropriate references to sexual behaviour in PG viewing period. TEN Sydney The OC promotion Failure to provide substantive Complaints handling written response.

Factual accuracy and creating public Factual accuracy and complaints ATN Sydney Today Tonight – Lipitor panic. Complaints handling. handling

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

TEN Sydney, NEW Perth, GTV Adult themes, sexual Melbourne, TVQ Brisbane & ADS Big Brother Uncut references/behaviour, nudity and MA Classification. Adelaide language.

CTC Sthn NSW Monk Inappropriate violent images. PG Classification - violence.

TCN Sydney Today Tonight – Chicken Meat False and misleading claims. Factual accuracy.

Victoria

Fair and impartial presentation of GTV Melbourne Nightline news. Complaints handling. Complaints handling.

Queensland

Inappropriate adult themes, sexual TVQ Brisbane & NEW Perth Big Brother Uncut references and nudity. MA Classification.

Tasmania

Regard for feelings of relatives and TVT Tasmania WIN News invasion of privacy. Complaints Complaints handling. handling.

Western Australia

No captions or summaries only of STW Perth National Nine News some news segments. Captioning.

NEW Perth The OC promotion Inappropriate language. G Classification – language.

TVW Perth Family Guy Inappropriate sexual references. PG Classification - sexual references.

COMMERCIAL RADIO

New South Wales

Comments likely to perpetuate hatred 2UE Sydney John Laws against or vilify. Complaints handling. Complaints handling. Failure to meet contemporary Content unsuitable for standards of decency and broadcast of 2DAY Sydney Lowies Hot30 young audience. program with explicit sexual theme as core component.

Queensland

Content of advertisement unsuitable 4MCY Nambour Dare to be Bare advertisement for broadcast. Complaints handling. Complaints handling.

Continued/...

84 ACMA ANNUAL REPORT 2005–06 Continued from page 84 Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered COMMUNITY RADIO

New South Wales

Sponsorship announcements in 2GLA Forster John Laws excess of 5 minutes per hour and Advertising broadcast advertisements

Sponsorship announcements in 2GLF Liverpool Radio Lehren excess of 5 minutes per hour and Advertising broadcast advertisements

Sponsorship announcements in 2GLF Liverpool Radio Lehren excess of 5 minutes per hour and Sponsorship limit broadcast advertisements

Sponsorship announcements in 2BCR Bankstown Radio Rim Jhim Ka Sangam and excess of 5 minutes per hour and Sponsorship limit Radio Jhankaar broadcast advertisements

Sponsorship announcements in excess 2BCR Bankstown Dosti of 5 minutes per hour and broadcast Advertisements advertisements

2BCR Bankstown No conflict resolution policy Conflict resolution

Not retaining recordings of news Failure to retain a record for the 2WAY Port Macquarie bulletins required 6 weeks Sponsorship announcements in 2PAR Ballina Radio on Toast excess of 5 minutes per hour and Advertising and sponsorship limits broadcast advertisements 2OOO Sydney Darpan Broadcast advertisements Advertisements

2SWR Blacktown Talash Broadcast advertisements Advertisements

2RES Waverley Monika Geetmala Broadcast advertisements Advertisements

Victoria Sponsorship announcements in excess 3SFM Swan Hill of 5 minutes per hour and broadcast Advertisements advertisements Sponsorship announcements in excess 3BBB Ballarat Community Voices of 5 minutes per hour and broadcast Advertisements advertisements Western Australia Not encouraging community 6YCR York participation; no conflict resolution Conflict resolution policy policy 6KCR Kalamunda Broadcast advertisements Advertisements Complaints received about 6AR Perth membership and other participation Represent community; encourage issues, as well as a lack of local, participation indigenous content Queensland Sponsorship announcements in excess of 5 minutes per hour, broadcast 4FRB Brisbane advertisements; operating for profit Advertisements and not continuing to meet its community interest Tasmania Vilification; factual accuracy of news and current affairs; distinguish factual 7THE Hobart material from commentary and Complaints handling analysis. Complaints handling

ACMA ANNUAL REPORT 2005–06 85 Table 45: Non-breach findings Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Offensive language used when Intense dislike, serious contempt, ATN Sydney Sunrise referring to Japanese people severe ridicule

Manipulation in editing answers to ATN Sydney Today Tonight different questions Representation of viewpoints.

Represent viewpoints fairly; portray in ATN Sydney Today Tonight Unfair representation of Muslim youth a negative light

Too many advertisements broadcast CBN Southern NSW Lost during Lost Hourly limits of non-program matter Comedy segment featuring the Pope was offensive and ridiculed him CTC Southern NSW Rove Live due to his age and his frailty/illness. Ridicule; complaints handling Complaints handling Perpetuate or provoke intense dislike, CTC Southern NSW The Ronnie Johns Comedy skit regarding the crucifixion severe ridicule or serious contempt on Half Hour promotion was offensive grounds of religion Inappropriate language during Care is exercised in selection of CTC Southern NSW Channel Ten News weather report material broadcast during news PG Classification – nudity TEN Sydney Big Brother – Live Surprise Nudity and consumer advice warning Consumer advice Program provoked serious contempt Contempt, ridicule people with a TEN Sydney Law & Order: Criminal Intent based on mental disability mental illness

Inappropriate nudity and sexual PG Classification – TEN Sydney Big Brother behaviour nudity and sexual behaviour

TEN Sydney Sex and the City References to smoking Tobacco advertising Perpetuate or provoke intense dislike, TEN Sydney The Ronnie Johns Comedy skit regarding the crucifixion severe ridicule or serious contempt on Half Hour promotion was offensive grounds of religio. Report on Srebrenica was biased in NBN Northern NSW 60 Minutes that it referred to a para-military Intense dislike on grounds of religion brigade as 'Christians' Program denigrated Christians and Provoke or perpetuate intense dislike NRN Northern NSW Law & Order: Criminal Intent their beliefs on grounds on religion

TCN Sydney Getaway & Getaway promotion Inappropriate language PG Classification – language

Care in selecting material for TCN Sydney 60 Minutes Inappropriate nudity broadcast - news & current affairs

Severe ridicule against a group of TCN Sydney Comedy Inc – The Late Shift Comedy skit vilified Muslims persons on religious grounds Use of material relating to personal or WIN Southern NSW A Current Affair Invasion of privacy and personal space private affairs, or which invades an individual's privacy

Victoria

ATV Melbourne Big Brother Uncut Excessive nudity MA Classification – nudity

Appropriate regard to feelings of ATV Melbourne Channel Ten News News item showed a child with a knife viewers; provide warning prior to lodged in his forehead broadcast The 2005 International Comedy ATV Melbourne Festival promotion Inappropriate sexual references G Classification – sexual references

Offensive comedy skit regarding BCV Western Vic Rove Live Saddam Hussein Dislike, contempt or ridicule

Comedy skit ridiculed Catholics and GTV Melbourne Comedy Inc – The Late Shift Christians. Complaints handling. Severe ridicule, complaints handling Distinguishing material from other Coverage of a story effectively content where payment has been GTV Melbourne A Current Affair amounted to product promotion. received for promoting a product; Complaints handling. complaints handling Report invaded the privacy of a HSV Melbourne Today Tonight single mother and her child. Invasion of privacy

HSV Melbourne Prison Break Excessive advertising. Scheduling of non-program matter

Continued/...

86 ACMA ANNUAL REPORT 2005–06 Continued from page 86 Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered Queensland

BTQ Brisbane Today Tonight Invasion of privacy. Invasion of privacy

Use of a concealed camera to tape Factual accuracy; unfairly identify a BTQ Brisbane Today Tonight footage regarding story on bad single business when commenting on a service. group

Comedy skit regarding crucifixion Intense dislike, serious contempt, RTQ Regional Qld Comedy Shift – The Late Shift was offensive. severe ridicule.

Footage of traffic accident was Factual accuracy; regard to feelings of RTQ Regional Qld WIN News inaccurate, insensitive and an relatives;privacy; identification of invasion of privacy. accident victims.

TVQ Brisbane 2005 Melbourne Comedy Festival Offensive comments about the Provoke intense dislike, serious Christian religion. contempt or severe ridicule.

Regard to the feelings of viewers when TVQ Brisbane Channel Ten News Sensationalist coverage of news. including images of dead or seriously wounded people.

MA Classification – sex, nudity, TVQ Brisbane Big Brother Up Late Sexual content, adult themes. language.

TVQ Brisbane Smallville Excessive violence. PG Classification – violence.

Weather reports incorrectly use TVQ Brisbane Channel Ten News millilitres rather than millimetres as Factual accuracy. unit of measurement. 'Joke of the Day' was offensive, STQ Regional Queensland Sunrise smutty and involved coarse Care in the selection of material for language. Complaints handling. broadcast; complaints handling.

Use of violent images to promote STQ Regional Qld Queensland Transport Ad road safety message. M Classification – violence.

‘Joke of the Day’ had inappropriate Exercising care in selecting material for STQ Regional Qld Sunrise content. broadcast.

Contestant wearing German Cross was TNQ Regional Qld Australian Idol offensive to Jewish people and others. Seriously offend cultural sensitivities.

Provoke or perpetuate serious dislike; TNQ Regional Qld Johnnie Walker Classic – Golf Sexist comments. Complaints handling. exercise care in selection of material; complaints handling.

Factual inaccuracy and Present factual material accurately, QTQ Brisbane A Current Affair misrepresentation of viewpoints. represent viewpoints fairly.

South Australia Provoked or perpetuated intense dislike, serious contempt or severe ADS Adelaide Channel Ten News Reference to ‘wog hairstyle’ was ridicule against a group of persons on offensive. the grounds of nationality or ethnic origin.

Care in selecting material for NWS Adelaide Sunday Excessive foul language. broadcast.

Illegal use of a listening device without the knowledge of the Licensee subject to state and SAS Adelaide Today Tonight participant, invasion of privacy federal laws; invasion of privacy. and was insensitive. Western Australia

No warning given in introduction to TVW Perth Channel Seven News violent content. Provide warning.

TVW Perth Sunrise Excessive advertising. Hourly limits of non-program matter.

Tasmania

Report on Telstra employees was Factual accuracy; present news fairly TNT Tasmania Southern Cross Nightly News inaccurate and politically biased. and impartially.

Inappropriate sexual themes TVT Tasmania Analyse That promotion and nudity. PG Classification – sex and nudity.

ACMA ANNUAL REPORT 2005–06 87 Continued from page 87 Callsign Non-breach finding: Code/program Program name Substance of complaint standard/licence condition or section of the Broadcasting Services Act COMMERCIAL RADIO considered Australian Capital Territory 2ROC Canberra Dear Bill Review of movie was racist to Chinese. Vilification. 2CC Canberra Community announcement Degrading and negative to young people. Contemporary standards of decency New South Wales Comments about non-English speakers vilified on 2MMM Sydney The Cage basis of ethnicity. Vilification. Comments about Asians amounted to racial 2SYD Sydney Merrick and Rosso vilification. Vilification. Material broadcast was below common 2UE Sydney John Laws decency levels. Contemporary standards of decency.

2PTV Sydney Angela Catterns Offensive language. Gratuitous language.

Queensland Incite or perpetuate hatred against; 4EL Cairns Mornings with John McKenzie Broadcast of racist and other illegal comments. vilification. South Australia 5AA Adelaide Bob Francis Comments advocating violence in the community. Incite or encourage violence. 5AA Adelaide Racist comments about the French. Vilification. Tasmania Misrepresentation of viewpoints; Segment regarding SBS journalist opportunity to provide significant 7XXX John Laws misrepresented viewpoints and incited viewpoints; inciting violence and violence. Complaints handling. complaints handling. Vilification; contemporary 7TTT Hobart Benchwarmers Offensive, sexist, degrading comments. standards of decency. Victoria Present news to create unnecessary 3TTT Melbourne News Violent and disturbing content. distress. Inappropriate and offensive language in an 3FOX Melbourne Kyle and Jackie O Show interview about gay marriage. Gratuitous language. Western Australia 6PR Perth Comments about mass murderer were indecent. Contemporary standards of decency. Inappropriate language used in discussing 6PR Perth Howard Sattler indigenous Australians. Vilification. COMMUNITY RADIO

New South Wales Numerous complaints regarding defamatory on- 2SWR Blacktown air comments not responded to. Complaints Complaints handling. handling. Various complaints including that a Director is cross-promoting his business on-air; that the amount of ethnic programming is not consistent Represent the community; encourage 2BCR Bankstown with the community interest; that the licensee is participation; operating for profit; not encouraging participation; and that a Board broadcast advertisements. Member pockets advertising/sponsorship funds rather than all monies going to the station. Represent community interest; 2GLF Liverpool Concerns that licensee not meeting requirements encourage community; policies to after program cancelled. oppose prejudice. Broadcasting advertisements and sponsorship 2SWR Blacktown Punjabi program announcement exceeding 5 mins per hour. Advertisements; sponsorship limits. 2SWR Blacktown Punjabi program Offensive language. Consideration to likely audience. Complaint about sponsorship announcements 2RES Waverley Voice of India exceeding 5 mins per hour and interview Advertisements; sponsorship limits. amounting to advertising. Broadcasting of advertisements and sponsorship 2PAR Ballina announcements exceeding 5 mins per hour. Advertisements; sponsorship limits. Not operating for profit or as part of a 2SER Sydney Station making a profit. profit-making enterprise. Station operating as part of a profit-making Not operating for profit or as part of a 2SER Sydney Dhanak enterprise in broadcasting the Dhanak program. profit-making enterprise. Victoria Licensee did not keep a record of matter 3EON Bendigo broadcast for required period. Retain copy of broadcast. 3JOY Melbourne No political tag given in various broadcasts. Tagging political broadcasts. Broadcasting advertisements and sponsorship 3JOY Melbourne T-Cell Variety Hour announcement exceeding 5 mins per hour. Advertisements; sponsorship limits. Entire broadcast was an advertisement or sponsorship announcement for Melbourne Queer 3JOY Melbourne Film Festival and contained advertisement for Advertisements; sponsorship limits. Volkswagon.

Continued/...

88 ACMA ANNUAL REPORT 2005–06 Continued from page 88 Non-breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered Queensland

4FRB Brisbane Focus on the Family Comments vilified homosexuals. Vilification.

4RHI Gold Coast Board members acting inappropriately. Suitability to hold licence.

Western Australia Licensee not adequately 6PCR Fremantle representing the community interest. Representing community. Tasmania

Various complaints regarding inappropriate song lyrics and Incite violence; consideration of announcers comments and that the audience; stereotype/incite hatred; 7EDGE Hobart mandatory number of on-air programming practices; announcements regarding codes were consent/privacy; CBAA announcement; not broadcast. Complaints handling. complaints handling.

TEMPORARY COMMUNITY BROADCASTING LICENCES

Cape Care Association Inc Weipa Broadcasting advertisements. Advertising.

ABC TELEVISION

ABN Northern NSW Lateline Anti-George Bush bias. Impartiality/balance.

Item about fixed term elections was ABT The 7.30 Report false, biased and misrepresented the Accuracy; bias. situation. Story on murder trial was inaccurate, ABN Sydney Four Corners unfair and unbalanced. Accuracy; impartiality/balance. Two females depicted in a sexually ABW Perth Roller Coaster suggestive way - excessive for a G Content involving sexual activity in G rated program. classification. Language which was derogatory or ABW Remote and Regional Victoria The Glass House Vilification of the Catholic religion. discriminatory of persons on account of religious belief. Bias during discussion based on ABN Sydney Enough Rope Middle East conflict. Factual accuracy. Inaccuracy in references to a ABV Melbourne Midday Report company and no right of reply Factual accuracy; impartiality/balance. accorded to the company. ABN Sydney ABC News Coarse language. Language. Pro-Israel bias in news reporting ABN Sydney ABC News about the Middle East. Impartiality/balance; complaints Complaints handling. handling. ABC RADIO

3ABCF Albury Morning Program Report not factually accurate. Factual accuracy.

SBS RADIO

6SBSF Perth Lo Scandaglio Complainant alleges left wing bias. Balance over time.

SBS TELEVISION

'M' rated program broadcast in SBS Regional Qld Faust a 'PG' time zone featured nudity. Classification.

Impartiality and bias in news SBS Sydney World News report about Middle East. Fairness; objectivity and balance. Use of the term 'lunatics' was SBS Northern NSW Speedweek discriminatory against people with Discrimination on the basis of mental mental illness. disability. Portrayal of marijuana smoking as SBS Brisbane Pizza Does Nimbin desirable. M Classification - drug use. Sexist comment made about SBS Melbourne The World Game women in commentary on this Care and sensitivity in portrayal of show which is devoted to soccer. women. Care and sensitivity in portrayal of SBS Northern NSW The Real Family of Jesus Disrespectful of Christians. religion.

Offensive material - animal M Classification – religion, violence, SBS Perth Speaking in Tongues cruelty and religious vilification. classification category) PG Classification – sex and nudity, SBS Brisbane The Movie Show Inappropriate content. classification categories. Classification symbol.

ACMA ANNUAL REPORT 2005–06 89 Table 46: Terminated investigations

Breach finding: Code/program standard/licence condition or section Callsign Program name Substance of complaint of the Broadcasting Services Act considered

COMMERCIAL TELEVISION

New South Wales

Today Tonight - Report did not accurately portray a ATN Sydney The Battle of Brittany neighbourhood dispute Complaint lodged out of time Complaint withdrawn – problem CBN Southern NSW Channel Seven News News not captioned identified as digital set top box

Queensland

TVQ Brisbane Complaints handling Complaint withdrawn

Victoria

WOW Remote and regional Vic Big Brother Uncut Offensive content Specific broadcast details not provided

COMMERCIAL RADIO

Victoria

Complaint not made according 3AW Melbourne Drive Character assassination to s.148 of Broadcasting Services Act

COMMUNITY RADIO

New South Wales

Untagged sponsorship 2OOO Sydney Urdu program announcements Complaint withdrawn

Victoria

Failure to encourage community participation; failure to represent 3EON Bendigo community interest and broadcasting Complaint withdrawn in excess of 5 minutes per hour of sponsorship announcements

SUBSCRIPTION BROADCASTING TV Language, failure to provide FOXTEL The Simpsons substantive response Complaint withdrawn

90 ACMA ANNUAL REPORT 2005–06 Appendix 8: Freedom of Information SECTION 8 STATEMENT The Freedom of Information Act 1982 (FOI Act) creates a right to access information in the possession of Commonwealth Government agencies by making information available about their organisation, functions and operations, and methods and practices adopted in making decisions affecting members of the public. Section 8 of the FOI Act requires each agency to publish details of its nature and functions including its powers, kinds of decisions made, arrangements for public involvement in its work and how members of the public can obtain access to information. This appendix supplements information in the body of this report about the role and functions of ACMA, for the purposes of section 8 of the FOI Act and is correct at 30 June 2006. FOI PROCESSES Anyone is entitled to request access to information held by ACMA (including information previously held by the ABA and the ACA). Applications must be in writing (letter, fax or email) and accompanied by an application fee of $30 or a request for waiver of that fee. Applicants requesting waiver are advised to provide evidence of financial hardship or explain how granting their request is in the public interest. If the documents are publicly available it is not necessary to make an FOI request. ACMA makes a large amount of information available free of charge on its website and through central offices. See Appendix 1 for contact details. If the documents sought are not publicly available, contact should be made with ACMA’s FOI Coordinator on telephone (02) 9334 7823. Correspondence on FOI matters (including FOI applications) should be sent to: Attention: Freedom of Information Coordinator Australian Communications and Media Authority PO Box Q500 Queen Victoria Building NSW 1230 The Chair of ACMA has powers to grant or refuse access to information held by ACMA and to impose charges for processing an FOI application. The Chair has authorised some nominated officers in the agency to exercise these powers. ACMA usually gives access by providing photocopies or emailed scans of the original records. It may be possible to arrange for personal inspection of records, or computer terminal access to some records, at ACMA’s offices. DOCUMENTS Records are held by ACMA in various forms, including paper files, audiovisual recordings and computer media. Files are maintained on topics relating to the functions of ACMA and are managed by ACMA’s Information Management Section. Computer databases are maintained for bulk record keeping. For example, ACMA maintains a database called the RADCOM database that contains technical, licensing and financial information on radiocommunications licensing. The types of documents held by ACMA include: • brochures, bulletins and information papers; • correspondence; • field staff guidelines; • financial records and reports; • legal instruments; • mailing lists; • ministerial briefing papers; • policy advice; • research and discussion papers; • submissions to committees; • technical journals; • technical operating instructions; • workplace agreements; • working party reports; and • records related to staffing and other human resources activities.

ACMA ANNUAL REPORT 2005–06 91 ACMA also holds a variety of documents produced by its predecessors (the ABA, the ACA, the Australian Broadcasting Tribunal, AUSTEL and the Spectrum Management Agency). However, documents produced by the former Competition Branch of AUSTEL are held by the ACCC. Various registers were maintained by AUSTEL, the ABA and the ACA. Those registers are now held by ACMA or the ACCC, including registers that are no longer maintained. DOCUMENTS FREELY AVAILABLE Documents available free of charge include brochures, bulletins, discussion papers and reports, and technical information papers. The best source for these documents is the ACMA website at www.acma.gov.au. Legislative instruments made by ACMA are available on the Federal Register of Legislative Instruments at www.comlaw.gov.au. DOCUMENTS AVAILABLE FOR PURCHASE ACMA had a number of documents available for purchase, including: • Broadcast Transmitter Data; • Radio and Television Broadcasting Stations 2005; and • annual Broadcasting Financial Results 2004–05. ACMA also produces CD-ROMs of technical and licensing information that are available to the public. FREEDOM OF INFORMATION ENQUIRIES 2005–06 During 2005–06, ACMA received 11 requests under the FOI Act for access to documents (see Table 47).

Table 47: Freedom of Information statistics, 2004–05

Requests received Number received 11

Access in full 3

Access in part 2

Access refused/no documents located 1 Action on requests Transferred 0

Withdrawn 4

Current as at 30 June 2005 1

0–30 days 3

Response time 31–60 days 3

61–90 days 0

Internal review Applications received 0

Review by Administrative Appeals Tribunal Applications received 0

Fees and charges Total application fees collected $300

92 ACMA ANNUAL REPORT 2005–06 Appendix 9: Legislation ACMA performed its principal functions under the following legislation. Table 48: Legislation

Acts and amending Acts 2005–06 Act number Date of assent Date of commencement

Ss. 3-68: 1 July 2005 Remainder: Australian Communications and Media Authority Act 2005 44, 2005 1 April 2005 Royal Assent

Broadcasting Services Act 1992 as amended in 2004–05 by: 110, 1992 14 July 1992

Schedule 1 (items 6-58) and Schedule Australian Communications and Media Authority 45, 2005 1 April 2005 4: 1 July 2005 Schedule 2: I July (Consequential and Transitional Provisions) Act 2005 2005 Broadcasting Services Amendment (Subscription Television Schedule 1: 1 January 2006 Drama and Community Broadcasting Licences) Act 2006 71, 2006 23 June 2006 Remainder: Royal Assent

Datacasting Charge (Imposition) Act 1998 98, 1998 27 July 1998

Schedules 1 and 2: 1 July 2005 Datacasting Charge (Imposition) Amendment Act 2005 49, 2005 1 April 2005 Remainder: Royal Assent

Interactive Gambling Act 2001 84, 2001 11 July 2001

Schedule 1 (items 68-70) and Schedule Australian Communications and Media Authority 45, 2005 1 April 2005 4: 1 July 2005, Schedule 2: 1 July (Consequential and Transitional Provisions) Act 2005 2005

Radiocommunications Act 1992 174, 1992 11 December 1992

Schedule 1 (items 71-118) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005 Offshore Petroleum (Repeals and Consequential Schedule 2 (items 99-102): upon Amendments) Act 2006 17, 2006 29 March 2006 proclamation

Radio Communications Taxes Collection Act 1983 133, 1983 22 December 1983

Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 45, 2005 1 April 2005 Schedule 2, Schedule 4: 1 July 2005

Radio Licence Fees Act 1964 119, 1964 24 November 1964

Schedules 1 and 2: 1 July 2005 Radio Licence Fees Amendment Act 2005 53, 2005 1 April 2005 Remainder: Royal Assent

Spam Act 2003 129, 2003 12 December 2003

Schedule 1 (items 121-123) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005

Telecommunications Act 1997 47, 1997 22 April 1997

Schedule 1 (items 127–160) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 Schedule 2: 1 (Consequential and Transitional Provisions) Act 2005 July 2005 Schedule 1 (items 1-7): 20 September Telecommunications and Other Legislation Amendment 2005 Schedule 1 (items 8-105): 20 (Protection of Submarine Cables and Other Measures) 104, 2005 23 August 2005 September 2005 Schedule 2: 24 Act 2005 August 2005 Remainder: Royal Assent Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005 117, 2005 23 September 2005 Schedule 3: 23 March 2006 Schedules 1, 3, 8, 10 and 13: 24 Sept Telecommunications Legislation Amendment (Competition 119, 2005 23 September 2005 2005 Schedule 2: 21 October 2005 and Consumer Issues) Act 2005 Schedule 11 (items 1–7): 1 Jan 2006 Schedule 1 (items 24A–24G): 13 June Telecommunications (Interception) Amendment Act 2006 40, 2006 3 May 2006 2006

Do Not Call Register (Consequential Amendments) Act 2006 89, 2006 30 June 2006 Schedule 1 (items 1–41): Royal Assent

Telecommunications (Consumer Protection and Service Standards) Act 1999 50, 1999 5 July 1999 Schedule 1 (items 161–165) and Australian Communications and Media Authority 45, 2005 1 April 2005 Schedule 4: 1 July 2005 (Consequential and Transitional Provisions) Act 2005 Schedule 2: 1 July 2005 Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005 117, 2005 23 September 2005 Schedules 1 and 2: Royal Assent Offshore Petroleum (Repeals and Consequential Schedule 2 (item 112): commences on Amendments) Act 2006 17, 2006 29 March 2006 proclamation

Television Licence Fees Act 1964 118, 1964 24 November 1964

Schedules 1 and 2: 1 July 2005 Television Licence Fees Amendment Act 2005 48, 2005 1 April 2005 Remainder: Royal Assent

ACMA ANNUAL REPORT 2005–06 93 Appendix 10: ACMA instruments The instruments made by ACMA in 2005–06 are shown in Table 49.

Table 49: ACMA instruments made since 1 July 2005

Title Act Section Date/detail

Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2005 (No.1) Radcom Act 1992 s.134 18/08/2005 Reg:23/8/05 F2005L02339

Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 Radcom Act 1992 s.135 18/08/2005 Reg:23/8/05 F2005L02340

Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 Radcom Act 1992 s.86 & 88 2/09/2005 Reg:8/9/05 F2005L02543

Radiocommunications (Defence Spectrum Access Charge) Determination 2005 Radcom Act 1992 s.294 2/9/05

Radiocommunications (20 GHz and 30 GHz Bands) Conversion Plan 2005 Radcom Act 1992 s.38 2/09/2005 GN:36 14/9/05

Telecommunications (Minor Variation to Numbering Plan) Declaration 2005 Telecom Act 1997 p.460(3)(a) 29/09/2005 Reg:4/10/05 F2005L02943

Telecommunications Numbering Plan Variation 2005 (No.3) Telecom Act 1997 s 455 29/09/2005 Reg:4/10/05 F2005L02942

Radiocommunications (Communication with AUSSAT C 156E GOV Satellite Network) Class Licence 2005 Radcom Act 1992 ss 132(1) 13/10/2005 Reg:18/10/05 F2005L03097

Radiocommunications (Accreditation - Prescribed Certificates) Amendment Principles 2005 (No.1) Radcom Act 1992 s.266 13/10/2005 Reg:18/10/05 F2005L03100

Radicommunications (section 145(3) Certificates) Amendment Determination 2005 (No.1) Radcom Act 1992 s.266A 13/10/05 Reg:18/10/05 F2005L03101

Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No.1) Radcom Act 1992 p. 107(1)(f) 13/10/05 Reg:18/10/05 F2005L03106

Radiocommunications (Qualified Operators) Determination 2005 Radcom Act 1992 s.119 13/10/2005 Reg:18/10/05 F2005L03116

Radiocommunications (Interpretation) Amendment ACA Act 1997 & 54(1) s5 p7(1)(a) Determination 2005 (No.2) Radcom Act 1992 (b), 10A (1) etc 13/10/2005 Reg:18/10/05 F2005L03125

Radiocommunications (Charges) Amendment Determination 2005 (No.2) ACMA Act 2005 ss 60(1) 13/10/2005 Reg:18/10/05 F2005L03126

Radiocommunications Amendment Standard 2005 (No.1) Radcom Act 1992 ss 162 (1 17/11/2005 Reg 22/11/05 F2005L03647

Telecommunication Numbering Plan Variation 2005 (No.4) Telecom Act 1997 s 455 17/11/2005 Reg22/11/05 F2005L03651

Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No.1) Telecom Act 1997 ss 419 (1) 17/11/2005 Reg22/11/05 F2005L03649

Telecom (Consumer Notice of Approval of Variation to Approved Standard Protection & Service s 12X & 12W 24/11/2005 GN 48 7/12/05 Marketing Plan (Telstra Corporation Limited) Standards) Act 1999

Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No.1) Radcom Act 1992 p 16(1)(ca) 8/12/2005 Reg:14/12/05 F2005L04041

Radiocommunications (Interpretation) Amendment ACA Act 1997 & 54(1) s5 p7(1)(a) Determination 2005 (No.3) Radcom Act 1992 (b), 10A (1) etc 8/12/2005 Reg:14/12/05 F2005L04043

Continued/...

94 ACMA ANNUAL REPORT 2005–06 Continued from page 94 Title Act Section Date / detail

Telecommunications Technical Standard (Safety of Information Technology Equipment – AS/NZS 60950:2000 (Incorporating Telecom Act 1997 ss 376 (1) 8/12/2005 Reg:14/12/05 F2005L04042 Amendment No. 1)) 2005

Telecommunications Technical Standard ( Information Technology Equipment – Safety, Part 1:General requirements AS/NZS Telecom Act 1997 ss 376 (1) 8/12/2005 Reg:14/12/05 F2005L04044 60950:1:2003) 2005

Telecommunications Cabling Provider Amendment Rules 2005 (No.1) Telecom Act 1997 ss 421 (1) 8/12/2005 Reg:14/12/05 F2005L04052

Radiocommunications (Certificates - 27 GHz Band) Determination (Revocation) 2005 Radcom Act 1992 s 266A 8/12/2005 Reg:14/12/05 F2005L04054

Telecommunications Technical Standard (Analogue Interworking a nd non-interference requirements for Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF Telecom Act 1997 ss 376(1) 22/12/05 Reg:6/1/06 F2006L00085 S002:2005) 2005

Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telecom Act 1997 ss 376(1) 22/12/2005 Reg:6/1/06 F2006L00087 Telephone Network - AS/ACIF S041:2005) 2005

Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Telecom Act 1997 ss 376(1) 22/12/2005 Reg:6/1/06 F2006L00086 Part 3:GSM Customer Equipment - AS/ACIF S042.3:2005) 2005

Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No.2) Radcom Act 1992 p 107 (1)(f) 22/12/2005 Reg:6/1/06 F2006L00083

Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No.1) Radcom Act 1992 s.182 2/02/2006 Reg: 8/2/06 F2006L00342

Telecommunications (Date of Imposition of Charge) Telecom Numbering Determination 2006 Charges) Act 1997 ss 18(2) 19/01/2006 Reg:24/1/06 F2006L00219

Radiocommunications (Receiver Licence Tax) Amendment Radcom (Rec Lic Tax) Determination 2006 (No.1) Act 2983 ss 7(1) 3/02/2006 Reg:8/2/06 F2006L00343

Radiocommunications (Transmitter Licence Tax) Amendment Radcom (Trans Lic Tax) Determination 2006 (No.1) Act 1983 ss 7(1) 2/02/2006 Reg: 8/2/06 F2006L00344

Telecommunications (Approved Auditors and Auditing Requirements) Determination 2006 Telecom Act 1997 ss 136C(5) 24/03/2006 Reg:24/3/06 F2006L00924

Telecommunications (Non-refundable Code Development Costs) Determination 2006 Telecom Act 1997 ss 136E(1) 24/03/2006 Reg:24/3/06 F2006L00920

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No.1) Telecom Act 1997 s.407 30/03/2006 Reg:4/4/06 F2006L01010

Telecommunications (Submarine Cable Permit - Application Charge) Determination 2006 ACMA Act 2005 s.60 30/3/06 Reg:4/4/06 F2006L01009

Telecommunications (Amounts of Annual Charge) Telecom (Numbering Determination 2006 Charges) Act 1997 ss20(1) 13/04/2006 Reg:24/4/06 F2006L01177

Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No.1) Telecom Act 1997 ss 480A(2) 27/04/2006 Reg:5/5/06 F2006L01408

Radiocommunications (Prohibited Device) (AFP testing of Mobile Telephone Jamming Devices) Exemption Determination 2006 Radcom Act 1992 ss27(2) 11/05/2006 Reg: 15/5/06 F2006L01517

Telecommunications Numbering Plan Variation 2006 (No.1) Telecom Act 1997 455 25/05/2006 Reg:30/5/06 F2006L01628

Continued/...

ACMA ANNUAL REPORT 2005–06 95 Continued from page 95 Title Act Section Date/detail

Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No.1) Radcom Act 1992 p.16(1)(ca) 25/05/2006 Reg:30/5/06 F2006L01629

Telecom (Annual Carrier Telecommunications (Annual Carrier Licence Licence Charges) Act ss 14(1) 8/6/06 Reg:13/6/06 F2006L01794 Charge) Determination 2006 1997

Telecom (Annual Carrier Telecommunications (Costs Attributable to Telecommunications Licence Charges) Act p 15 (1)(a) 8/6/06 Reg:13/6/06 F2006L01808 Functions and Powers) Determination 2006 1997

Telecom (Annual Carrier Telecommunications (Recovery of ITU Budget Contribution) Licence Charges) Act p 15 (1)(c) 8/6/06 Reg:13/6/06 F2006L01805 Determination 2006 1997

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No.2) Telecom Act 1997 s. 407 22/6/06 Reg:27/6/06 F2006L01983

Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01977 Part 1:General – AS/ACIF S042.1:2006) 2006

Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01976 network – Part 2:CDMA (IS-95) AS/ACIF S042.2:1999) 2006

Telecommunications Technical Standard (Requirements for customer cabling products AS/ACIF S008:2006) 2006 Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01981

Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications Telecom Act 1997 ss 376(1) 22/6/06 Reg:28/6/06 F2006L01980 network – Part 1:General AS/ACIF S042.1:1999) 2006

Telecommunications (Submarine Cable Permit – Application Charge) Determination 2006 (No.2) ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01963

Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2006 ACMA Act 2005 ss 60` 22/6/06 Reg:27/6/06 F2006L01967

Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2006 ACMA Act 2005 s.60 22/6/06 Reg:27/6/06 F200601975

Telecommunications (Freephone and Local Rate Numbers Auctions - Registration Charge) ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01974 Determination 2006 (No.1)

Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01971

Radiocommunications (Charges) Determination 2006 ACMA Act 2005 ss 60(1) 22/6/06 Reg:27/6/06 F2006L01973

Telecommunications (Charges) Determination 2006 ACMA Act 2005 s.60 22/6/06 Reg:27/6/06 F2006L01968

96 ACMA ANNUAL REPORT 2005–06 Appendix 11: Notifications, directions and instruments Section 14 of the Australian Communications and Media Authority Act 2005 requires copies of directions and instruments to be included in ACMA’s annual report.

Table 50: Documents included in this appendix

Date Document

Broadcasting Services (Anti-Siphoning Monitoring) 21 September 2005 Direction (No 1) 2005

ACMA ANNUAL REPORT 2005–06 97 Appendix 12: Disclosures of information Under section 57(2)(g) of the Australian Communications and Media Authority Act 2005, ACMA is required to provide statistical information relating to information or documents disclosed under Division 3 of Part 13 of the Telecommunications Act 1997 during the financial year and covered in a report to ACMA under section 308 of the Telecommunications Act 1997. This information is provided in Table 51.

Table 51: Disclosures of information reported under section 308, 2005–06

Reason for disclosure Section of Telecommunications Act 1997 No. of disclosures

Authorised by or under law 280 13,634

Made as a witness under summons 281 69

For the enforcement of the criminal law—not certified 282(1) 396,430

For the enforcement of the criminal law—certified 282(3) 285,206

For the enforcement of a law imposing a pecuniary penalty or protection of public revenue—not certified 282(2) 14,240

For the enforcement of a law imposing a pecuniary penalty—certified 282(4) 1,530

To protect public revenue—certified 282(5) 89,325

To assist ACMA 284(1) 13

To assist the ACCC 284(2) 187

To assist the TIO 284(3) 5,877

To avert a threat to a person's life or health 287 4,085

Communications for maritime purposes 288 1

With the knowledge or consent of person concerned 289 133,765

In circumstances prescribed in Telecommunications Regulations 2001 292 5

Its use is connected with an exempt disclosure 293 0

Total number of disclosures 944,367

98 ACMA ANNUAL REPORT 2005–06 Appendix 13: Consultancies, advertising expenditure and competitive tendering During 2005–06, 21 new consultancies were entered into, with total actual expenditure of $522,931. In addition, 10 consultancies from previous years continued, incurring a cost of $289,008. Table 52: Summary of new consultancies for 2005–06

Consultant Description Contract Value $ Selection method Principal justification

AON 2006 Asset revaluation 27,857 Direct sourcing Skill

Ascent Governance P/L Review and update of ACMA IT security policy 33,925 Direct sourcing Skill Australian Communications Industry Forum Cost-Benefit Study into a Single Consumer Code 25,000 Direct sourcing Skill Conduct a review of digital data holdings and Clear Lead P/L management 61,776 Direct sourcing Independent Consumers Support to Global Collaboration Standards Telecommunications Network Workshop #10 33,710 Direct sourcing Skill Planning of FM radio retransmission services for Gibson Quai – AAS P/L ABC and SBS 339,768 Open tender Skill Audit of customer cabling installations for Gibson Quai – AAS P/L compliance with codes 98,800 Open tender Skill Gibson Quai – AAS P/L Support to the voice, video and data upgrade project 34,639 Direct sourcing Skill Support to Asia Pacific Telecommunity Standardisation GSA Information Consultants Program Workshop and Meeting #10 13,750 Direct sourcing Skill Support to Asia Pacific Telecommunity Standardisation GSA Information Consultants Program Workshop and Meeting #11 12,500 Direct sourcing Skill Indicium Technology Group Conduct a network threat and risk assessment 26,415 Direct sourcing Skill McNair Ingenuity Research P/L Qualitative research on commercial radio consumers 41,610 Direct sourcing Independent Microsoft Support for installation of Active Directory 27,390 Direct sourcing Skill

Newspoll Survey of public awareness of 000 service 34,100 Direct sourcing Independent Provision of advice on indigenous PBM Group P/L telecommunications issues 15,000 Direct sourcing Skill PBM Group P/L Support to the APEC Telecommunications forum #32 19,822 Direct sourcing Skill

PBM Group P/L Support to the APEC Telecommunications forum #33 30,000 Direct sourcing Skill Ponderosa Support to Asia Pacific Telecommunity Standardisation Communications P/L Program Workshop and Meeting #10 22,000 Direct sourcing Skill Review of ACMA’s Business Classification System Siller Systems component of records management 16,560 Direct sourcing Skill SMS Consulting Group Ltd Update of IT Strategic Plan 19,800 Direct sourcing Independent The Slater Marketing Group P/L Telecommunications consumer information research 84,040 Restricted tender Skill Total value 1,018.462

Notes 1. Open tender means a procurement process where a request for tender is published inviting all suppliers who meet the conditions for participation to submit tenders. 2. Direct sourcing means a procurement process where one or several potential suppliers with appropriate expertise are invited to bid for the supply of goods or services. 3. Skill means that the justification for the service is the requirement for specialised skills. 4. Independent means that the justification for the service is the requirement for an independent view. ADVERTISING During the year, ACMA placed advertising for a range of purposes including public notices, recruitment, tender notices and calls for submissions. Direct mail was used for periodicals and other information material. Expenditure by ACMA on advertising in 2005–06 was $0.470 million. COMPETITIVE TENDERING No contracts have been let that contract out delivery of government activities previously performed by a Commonwealth agency. ACCESS BY AUDITOR GENERAL No contracts have been let that prevent access by the Auditor General. EXEMPTIONS FROM THE PURCHASING AND DISPOSALS GAZETTE No exemptions have been sought or granted.

ACMA ANNUAL REPORT 2005–06 99 Appendix 14: Outcome and output structure

Table 53: Outcome 1—An efficient industry and a competitive market

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 0 303 303 180

Price of departmental outputs

Revenue from government for departmental outputs

Output 1.1—Managed Regulation of Radiocommunications 29,069 32,681 3,612 30,634

Output 1.2—Managed Regulation of Telecommunications 12,375 12,667 292 14,845

Output 1.3 - Managed Regulation of Postal Services 2,596 0 (2,596) 0

Total revenue from government for departmental outputs 44,040 45,348 1,308 45,479

Revenue from other sources 2,335 3,108 773 1,280

Total price of departmental outputs 46,375 48,456 2,081 46,759

Total for Outcome 1 46,375 48,759 2,384 46,939

Explanation of overspend for Output 1.1—Managed Regulation of Radiocommunications The overspend of $3.612 million is due to the recognition of $0.957 million of expenses owing to the International Telecommunication Union which was not budgeted for, and a general underspend in Outputs 2.1, 2.2, 3.1 and 3.2 which has resulted in a greater attribution of overheads to this output. Overheads are allocated based on staff numbers. Explanation of underspend for Output 1.3—Managed Regulation of Postal Services The underspend in Output 1.3 of $2.596 million is due to the fact the legislation for this function was withdrawn and this function was not performed. The funding has been returned to government.

100 ACMA ANNUAL REPORT 2005–06 Table 54: Outcome 2—An informed community with consumer safeguards

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 211,430 219,347 7,917 158,492

Price of departmental outputs

Revenue from government for departmental outputs

Output 2.1—Consumer Safeguards 10,243 9,212 (1,031) 16,369

Output 2.2—Consumer Information 4,292 3,488 (804) 5,416

Total revenue from government for departmental outputs 14,535 12,700 (1,835) 21,785

Revenue from other sources 84 319 235 400

Total price of departmental outputs 14,619 13,019 (1,600) 22,185

Total for Outcome 2 226,049 232,366 6,317 180,677

Explanation of underspend for Output 2.1—Consumer Safeguards The underspend for Output 2.1 is primarily due to the Authority's need to reconsider a number of its key functions relating to this output and delays in these considerations due to the restructure. ACMA has also taken the opportunity presented by the merger and restructure to review its practices in a number of areas which contribute to Output 2.1. Under section 59 of the ACMA Act, ACMA is required to establish a Consumer Consultative Forum (CCF). Deliberations on the membership and focus of ACMA's CCF took place throughout 2005–06 and consequently no meetings of the CCF were held. The Authority also considered new approaches to its compliance practices, which curtailed the normal volume of activity in this area which also contributes significantly towards Output 2.1. Expenditure will return to former levels in 2006–07. Explanation of underspend for Output 2.2—Consumer Information The underspend of $804,000 in Output 2.2 is attributable to the suspension of the program of consumer information activities in order to develop a new consumer education strategy that aligns with the goals and priorities of the merged and restructured ACMA. Expenditure will return to former levels on completion and implementation of the strategy.

ACMA ANNUAL REPORT 2005–06 101 Table 55: Outcome 3—Accessible, diverse and responsible electronic media

2005–06 2006–07

Budget Actual Variance Budget

(1) (2) (2) minus (1)

$000s $000s $000s $000s

Administered Expenses (including third party outputs)

Total administered expenses 0 0 0 0

Price of departmental outputs

Revenue from government for departmental outputs

Output 3.1—Planned and Licensed Electronic Media Services 8,980 8,061 (919) 8,789

Output 3.2—Managed Performance and Review of Electronic Media 8,290 6,748 (1,542) 5,016

Total revenue from government for departmental outputs 17,270 14,809 (2,461) 13,805

Revenue from other sources 498 544 46 0

Total price of departmental outputs 17,768 15,353 (2,415) 13,805

Total for Outcome 3 17,768 15,353 (2,415) 13,805

Explanation of underspend for Outputs 3.1 and 3.2 Significant underspends in both of these outputs resulted primarily from staff attrition, coupled with reduced recruitment action. This was a period in which ACMA developed and populated a 'converged' structure more appropriate to a merged regulator. The new structure incorporated elements of the legacy agency previously working on these outputs with elements of the other legacy agency in new configurations. Before this structure was implemented in February, recruitment had been constrained until operational needs were better understood. Afterwards, there was a lag between implementation of the new structure and new starters arriving as a result of recruitment. Merger related activity and staff attrition also contributed to slippages and reductions in some non-staff related expenditure. Expenditure is expected to be on budget for 2006–07.

102 ACMA ANNUAL REPORT 2005–06

Appendix 15: Financial statements

Contents • Independent Audit Report • Statement by the Chair and the Chief Financial Officer of the Australian Communications and Media Authority • Income Statement • Balance Sheet • Statement of Cash Flows • Statement of Changes in Equity • Schedule of Commitments • Schedule of Contingencies • Schedule of Administered Items • Notes

ACMA ANNUAL REPORT 2005–06 103 104 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 105 106 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 107 108 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 109 110 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 111 112 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 113 114 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 115 116 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 117 118 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 119 120 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 121 122 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 123 124 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 125 126 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 127 128 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 129 130 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 131 132 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 133 134 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 135 136 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 137 138 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 139 140 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 141 142 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 143 144 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 145 146 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 147 148 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 149 150 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 151 152 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 153 154 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 155 156 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 157 158 ACMA ANNUAL REPORT 2005–06 ACMA ANNUAL REPORT 2005–06 159 160 ACMA ANNUAL REPORT 2005–06

Glossary

3G Third generation mobile telecommunications Mobile telecommunications systems that can provide global mobile communications and support multimedia applications. ABA Australian Broadcasting Authority Former Commonwealth regulatory authority responsible for broadcasting. ACA Australian Communications Authority Former Commonwealth regulatory authority responsible for radiocommunications and telecommunications. ACCC Australian Competition and Consumer Commission Commonwealth regulatory body with responsibilities derived from the Trade Practices Act 1974. ACE Australian Communication Exchange Current National Relay Service provider and emergency call person for the text-based emergency call service. ACIF Australian Communications Industry Forum Communications industry self-regulatory body established in May 1997 and responsible for developing standards, codes of practice and service specifications. ACMA Australian Communications and Media Authority New regulatory authority from 1 July 2005 responsible for broadcasting, the internet, radiocommunications and telecommunications. ANAO Australian National Audit Office Office responsible for financial and performance audits of Commonwealth departments and authorities. BPL Broadband power line Communications technique using the electricity grid or mains cabling within premises to deliver broadband services at higher data rates than previous power line communications.

ACMA ANNUAL REPORT 2005–06 161 Carrier The holder of a telecommunications carrier licence in force under the Telecommunications Act 1997. CDMA Code division multiple access Digital coding technique used primarily for mobile telecommunications and satellite services, employing a bandwidth much larger than the original signal. Each signal is uniquely encoded and decoded, allowing many signals to occupy the same spectrum. Churn Transfer (authorised or unauthorised) of a telecommunications service from one provider to another. Communications satellite Orbiting radio relay station that receives, amplifies and redirects radiocommunications signals. Coverage area Geographic area in which calls are able to be made successfully. For instance, the area between a base station and a mobile phone handset. CPRs Cabling Provider Rules Rules to support telecommunications cabling industry self- regulation. CSG Customer Service Guarantee Standard covering provision of the standard telephone service that provides for financial compensation to customers if the requirements in the standard are not met. The new CSG Standard came into effect from 30 June 2000, replacing the original 1998 standard, and was amended in 2004. CSP Carriage service provider Person supplying or proposing to supply services to the public using carrier networks. DCITA Department of Communications, Information Technology and the Arts Commonwealth department responsible for development of communications policy and legislation. DDSO Digital data service obligation Obligation to provide digital data services to all people in Australia on an equitable basis, wherever they reside or carry on business. The provider must make available on request, to at least 96 per cent of the Australian population, a data transmission service broadly comparable to a 64 kbit/s service. DSL Digital subscriber line Transmission system allowing high data rate communication over copper wires. EMC Electromagnetic compatibility Ability of an electrical or electronic device or system to function satisfactorily without causing electromagnetic interference to other devices. EME Electromagnetic energy Energy of electric and magnetic field components of a radio wave. EMR Electromagnetic radiation Transmission of energy in the form of waves having an electric and magnetic component.

162 ACMA ANNUAL REPORT 2005–06 ENUM Electronic NUMbering A protocol that translates numbers into a format that can be recognised by the internet system, and enables the linking of telephone numbers or internet addresses with communications services such as email, facsimile transmission and mobile telephony. ESAC Emergency Services Advisory Committee Committee that advises on emergency services matters. ESO Emergency Service Organisation Organisation providing an emergency service, such as police, ambulance or fire brigade. Fixed cellular terminal A device carrying more than one SIM card, which enables fixed- to-mobile or mobile-to-mobile calls to be delivered onto a mobile network.

FLRN Freephone and local rate number Telephone numbers commencing with the digits 180 (freephone) and 13 (local rate). FOI Act Freedom of Information Act 1982 Legislation dealing with access by the general public to information gathered and held by Commonwealth agencies. GHz Gigahertz One billion Hertz (where one Hertz is the measurement of frequency equal to one cycle of electromagnetic radiation per second). GSM Global system for mobiles Digital cellular network standard that uses a time division multiple access technique to multiplex signals onto a single channel in a rotated sequence of time slots, with each user having exclusive access to a time slot. HF High frequency Radiofrequency spectrum in the 3–30 MHz frequency range. IEEE Institute of Electrical and Electronics Engineers Inc Professional association that is a leading authority in areas such as computer engineering and telecommunications. The IEEE Standards Association develops international technical standards. IMT-2000 International Mobile Telecommunications – 2000 Term adopted by the ITU to refer to third generation mobile telecommunications systems and services. INMS Industry Number Management Services Ltd Company established by carriers and carriage service providers to manage and allocate portable freephone and local rate numbers from a pool, under delegation from ACMA. IPND Integrated Public Number Database Database of information about customers of telecommunications services in Australia, arranged by number, for all carriers and carriage service providers. IRAC International Radiocommunications Advisory Committee Committee established to advise ACMA on international radiocommunications matters.

ACMA ANNUAL REPORT 2005–06 163 ISP Internet service provider Service provider offering internet access. ITU International Telecommunication Union United Nations agency that coordinates international telecommunications matters. ITU-R ITU – Radiocommunication Sector ITU body dealing with international radiocommunications matters. ITU-T ITU – Telecommunication Standardization Sector ITU body dealing with international telecommunications standards. kbit/s Kilobits per second Data communication rate of one thousand bits per second. kHz Kilohertz One thousand Hertz (see also GHz). LEAC Law Enforcement Advisory Committee Committee that advises on communications law enforcement matters. LPON Low power open narrowcasting Radiocommunications class licence type authorising radio services operating at very low power outputs in the frequency range 87.5–88.0 MHz. MF Medium frequency MHz Megahertz One million Hertz (see also GHz). ‘The Minister’ Minister for Communications, Information Technology and the Arts Minister responsible for ACMA and its governing legislation. NAC Numbering Advisory Committee Committee established to advise on numbering matters. NGN Next generation network General term for developments in network architecture using various access and core technologies covering wired, wireless and mobile communications. A primary characteristic is the decoupling of services and networks, allowing these to be offered separately and to evolve independently. NRF Network Reliability Framework Requirement on Telstra from January 2003 to provide regular reports to ACMA on the reliability of its fixed line services, and to remediate the network in areas with particularly poor performance. NRS National Relay Service Translation service between voice and non-voice telephone users providing access to the standard telephone service for people with communication impairment. Relays voice, modem or telephone typewriter communications. Number portability Arrangements allowing customers to transfer from one telecommunications service provider to another without changing their number. Payphone Public telephone where calls may be paid for with coins, phone cards, credit cards or reverse charge facilities.

164 ACMA ANNUAL REPORT 2005–06 Portability See number portability. PSTN Public switched telecommunications network Public telecommunications network for which a carrier is responsible and which provides services to the public. RLAN Radio local area network High data rate two-way wireless data communications network. Uses radiocommunications to provide low-cost data communications infrastructure for a limited geographic area. SIM Subscriber identity module Card inserted inside mobile phones or terminals to provide secure user authentication for network connection and roaming. The card is embedded with small metal-coated microprocessor silicon chips capable of storing data and adding, deleting, or manipulating information in the card memory. TIO Telecommunications Industry Ombudsman Industry-funded independent dispute resolution service for consumers who are unable to resolve individual complaints with their carriers and carriage service providers. TS Technical standard Standard for communications customer equipment or networks. TTY Teletypewriter Telephone typewriter where the caller types the communication after the call is connected, enabling people with communication impairment to use the standard telephone service. UHF Ultra high frequency Part of the radiofrequency spectrum between 300 and 3,000 MHz. USO Universal service obligation Obligation under the Telecommunications Act 1997 to ensure that standard telephone, payphone and prescribed carriage services are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business. UWB Ultra wideband Wireless technology for transmitting digital data over a wide spectrum of frequency bands with very low power, which can transmit data at very high rates for a range of applications including wireless local area networks. VHF Very high frequency Portion of the radiofrequency spectrum between 30 and 300 MHz. VoIP Voice over internet protocol A protocol for transmitting voice over packet-switched data networks. Also called IP telephony. WLAN Wireless local area network Network using short-range radiocommunications transmission links, for example, a private network of computer terminals, which may or may not be connected to the public network. WRC World Radiocommunication Conference ITU conference held every three or four years to review and amend international radio regulations.

ACMA ANNUAL REPORT 2005–06 165 166 ACMA ANNUAL REPORT 2005–06 Index

A Chairman ix, 3 committees 60 corporate structure 3, 5, 6 access code 33 Executive Group 60 accredited persons scheme 13 functions 2 ACMA Agreement 2006–07 ix, 52, 53 legislation 2 advertising expenditure 99 Members 3, 4 allocations (see also Licensing) 11, 23, 25, 68 notifications, directions and instruments 97 allocations register 23 offices 59 alternative technical solutions program 16 vision 1 amateur radio operator examinations 14 Australian Communications Authority ix, 2 amateur service regulation 11 Australian Communications and Media Authority Act Anderson, Gerard 4 (see Legislation) annual notifications 10 Australian Communications Industry Forum (ACIF) anti-hoarding 44 25, 27, 30, 32, 33 anti-siphoning 44 Cabling Advisory Group 31 anti-spam activities 44 Customer Equipment and Cabling Reference Panel 32 complaints handling 44 Australian Competition and Consumer Commission 25, enforcement 45 33, 35 Korean Information Security Agency 45 Australian content 41, 83 London Action Plan 45 in advertising 41 review of legislation 45 standard 41 APECTEL36, 45 Australian Federal Police 12, 23 apparatus licensing 11, 12, 13, 77 Australian National Study Groups 36 licence fees 17 Asia–Pacific Telecommunity 36 B Asia–Pacific Wireless Forum 36 Associated Newspaper Register 11 Big Brother x, 21 auctions (number) 19 Black Spots Program 16 audit 54 broadband over power line communications 30 Committee 6, 61 Broadcast Australia 9 Auditor-General 55, 99 broadcasting codes 40 Australian Broadcasting Authority ix, 2, 6, 21, 37, Broadcasting Financial Results 11 40, 52, 55 broadcasting licences 16 Australian Broadcasting Corporation (ABC) 15, 40, 42 commercial radio 17 Australian Communication Exchange 34, 48 community radio 17 Australian Communications and Media Authority fees 19 ix, 2, 6, 12, 13, 24, 29, 30, 45, 46, 47, 52, 53, 55 international 17

ACMA ANNUAL REPORT 2005–06 167 temporary community 17 UWB vehicular short-range radars 8 Broadcasting Services Act (see Legislation) Wireless Spectrum Strategies 2006 8 consumer codes 40 C Consumer Fraud Taskforce 50 consumer information products 49 cabling 21 consumer safeguards 45 building design industry awareness survey 31 National Relay Service 48 Cabling Advisory Group (ACIF) 31 Network Reliability Framework 47 compliance 31 priority assistance 48 registration scheme 31 Telecommunications Industry submarine cable protection 32 Ombudsman 45 carrier licensing 17 universal service obligation 46 annual licence charge 19 content standards 41 industry development plan exemptions 17 corporate governance 6 changes in control 10 audit 54 Chapman, Chris ix, 3 client service charter 55 Cheah, Chris 3 external scrutiny 55 children’s television 41 risk management 55 children’s and preschool programs 43, 82 security 54 Children’s Television Standards 2005 41 Credit Management Code 40 consultants 83 Customer Service Guarantee 45 Clarity1 45 Cybersmart Detectives 49 classification (programs and content) 82 Cybersmart Guide 49 class licensing 15 Cybersmart Kids 49 client service charter 55 CYGNET 9 code compliance 42 codes of practice 40 Commercial Radio Australia 9, 16 D commercial radio licences 17 defence 9, 12, 14, 15, 18 commercial radio standards 42 defence earth stations 15 committees (ACMA) 60 spectrum12 Commonwealth Disability Strategy 66 station 13 Commonwealth Games 27, 41 Department of Communications, Information Commonwealth Procurement Guidelines 56 Technology and the Arts 2, 10, 16, 25, 27, 28, communications 55 35, 40, 45, 46, 47, 48 media 55 Deployment of Mobile Phone Network publishing 55 Infrastructure Code 33 community awareness 49 digital community radio licences 17 broadcasting 8 competitive tendering 99 channel plans 9 compliance investigations 20 data service obligation 46 Connect Outstanding Code 40 field surveys 10 consultants 83, 99 licences 75 consultation 23 radio trials 9 Associated Newspaper Register 11 television channels 8 broadband over power line variations 9 communications 30 Digital Radio Mondiale 9 cabling provider rules 32 directions 97 deployment of mobile phone network disclosure of customer information 35 infrastructure 33 disclosures of information 98 Improving Identity Check process for Pre- Do Not Call Register 47 Paid Mobile Services 35 mobile premium services 26 E National Relay Service 48 education campaigns 50 Numbering Advisory Committee 23 electromagnetic compatibility 27, 30 Numbering for VoIP Services 24 electromagnetic energy 17 radiofrequency identification devices trial 15 electromagnetic radiation 27, 30, 56 spectrum licensing 14 Elmie Investments x, 21 staff 52 e-Marketing Code of Practice 40 Strategies for Wireless Access Services 8 emergency call service management 34 submarine cable protection 32 Emergency Services Advisory Committee 34

168 ACMA ANNUAL REPORT 2005–06 ENUM 25 Safer Internet Action Plan 37 environmental performance 56 safety 37 extended zones agreement 27 spam (see also anti-spam) 40 external scrutiny 55 take-down notices 23 Internet Industry Association 40, 43 F Internet Industry Spam Code of Practice 40 investigations x, 10, 20, 21, 22, 23, 31, 42, 43, fees 17 44, 45, 47 field surveys 10 financial management 55 Financial Management and Accountability Act J (see Legislation) jamming devices 12 financial statements 103 fixed cellular terminals 34 K fixed system microwave protection criteria Korean Information Security Agency 45 review 14 fraud control plan 54 freedom of information 91 L enquiries 92 labelling 28 section 8 statement 91 law enforcement 33 frequency assignments 13 Advisory Committee 33 functions (of ACMA) 2 legislation 93 ACMA’s principal functions 93 G amendments 34 Australian Communications and Media Galileo 9 Authority Act 2005 2, 35 government administered programs 15 Broadcasting Services Act 1992 x, 10, 11, graduate program 53 16, 17, 21, 40, 42, 43 Financial Management and Accountability H Act 1997 ix, 6, 55 high definition broadcasting requirements 42 Interactive Gambling Act 2001 23, 40 home content distribution 29 Public Service Act 1999 6, 52 Hotkey Internet Services 46 Radiocommunications Act 1992 8, 13, 20, 27 Hutchison Telecommunications Australia 26 Spam Act 2003 x, 41, 44, 45 Telecommunications Act 1997 20, 21, 25, 26, I 32, 33, 35, 40, 42,43, 45, 49 licence area plans 15 independent review of government spectrum licence fees 17 holdings 14 apparatus licence fees 17 Indigenous communities 47 broadcasting licence fees 19 industry codes 40 carrier licensing charges 19 industry development plan exemptions 17 number auctions 19 Industry Number Management Service 24 numbering charges 18 information management 54 licensing 11 INHOPE 23, 37 amateur service regulation 11 instruments (ACMA) 94 apparatus licences 77 Integrated Public Number Database 43 apparatus licence variations 78 interactive gambling 23 broadcasting 16 Interactive Gambling Act (see Legislation) carrier licensing 17 interception capability plan compliance 35 class licensing 15 interference management 30 commercial radio broadcasting licences 17 international broadcasting licences 17 communication by satellite 12 international matters 35 community radio licences 17, 78 International Radiocommunications Advisory digital 75 Committee 35 international broadcasting licences 17 International Telecommunication Union 36 low power open narrowcasting licences 14 internet national services 74 codes of practice 40, 43 Radio Black Spots Program 16, 77 content 23 radiocommunications 11 INHOPE 23, 37 retransmission services 70 interactive gambling 23 s102 licences 79 Oxford Internet Institute 37

ACMA ANNUAL REPORT 2005–06 169 spectrum licences 14 Plante, Johanna 4 telecommunications 17 portability (numbering) 26 temporary community broadcasting pre-paid mobile phone user information 35 licences 17, 78 Pre-selection, Mobile Number Portability and test transmissions 74 Commercial Churn Codes 40 local content on regional television 42 price-based spectrum allocation 11 Local Number Portability Code 40 pricing17, 18, 19, 20 London Action Plan 45 priority assistance 48 Long, Malcolm 4 prisons, mobile phone jammers in 12 low interference potential devices 15 programs and content 82 low power open narrowcasting services 14, 20 property management 56 protection of customer information 43 M Public Service Act (see Legislation) Purchasing and Disposals Gazette 99 Maddock, Lyn 3 Macquarie Bank Limited x, 21 marine radio operator examinations 13 Q market-based resource management 11 qualified operators 13 meetings (of ACMA) 60 Members (of ACMA) 3 R Minister for Communications, Information radio 8 Technology and the Arts 2, 8, 14, 27, 44, 45, Black Spots Program 16 46, 47, 48, 49 digital radio trials 9 mobile phone 26 radioastronomy 8 coverage 27 Radiocommunication Advisory Group 36 jammers 12 Radiocommunications Act (see Legislation) premium services 26 radiocommunications (see also Licensing) third generation (3G) network 27 apparatus licences 13 electromagnetic compatibility30 N electromagnetic radiation 30 national interest issues 33 interference management 30 National Relay Service 48 licensing 11 NetAlert 49 regulatory arrangement 29 Network Reliability Framework 47 standards 29 Network Ten 21 Radiocommunications (Communications with next generation networks 25 Space Objects) Class Licence 1998 12 non-emergency calls 34 Radiocommunications (Foreign Space Objects) numbering 17, 18, 19 Determination 2000 12 allocations register 22 Radiocommunications (Interpretation) auctions 19 Determination 2000 13 charges18 Radiocommunications Licence Conditions ENUM 25 (Scientific Licence) Determination 1997 13 Advisory Committee 23 Radiocommunications (Prohibited Devices) Numbering Plan 23 (AFP Testing of Mobile Telephone Jamming portability 26, 40 Devices) Exemption Determination 2006 13 pre-selection 27, 40 radiofrequency identification devices 15 transactions 24 Regional Equalisation Plan 20 regional telecommunications activities 36 O resource management 11 revenue 17 occupational health and safety 53 collection 2 office locations 59 retransmission services (see also Licensing) 70 online tool kits 50 risk management 55 Optus 9, 15, 46 ownership and control10 S P s102 licences 79 Safety Measures Notice 49 Parliamentary News Network 15 satellites (see Space regulation) 12 payphone performance 47 SBS 40, 42, 44 peer-to-peer networks 28 security 54 personal information 35

170 ACMA ANNUAL REPORT 2005–06 self-regulation 20, 27 Telecommunications (Freephone and Local Rate Shogren, Rod 4 Numbers) Allocation Determination 2005 (No. 1) 19 significant events 28, 29 Telecommunications (Freephone and Local Rate smartnumbers® 2, 19 Numbers –Charities) Allocation Determination 2005 space regulation 9 (No.1) 19 CYGNET 9 Telecommunications Industry Ombudsman 45 defence earth stations 15 Telecommunications licensing 17 Galileo 9 Telecommunications Numbering Plan 1997 23, 26, 40 satellite system filings 9 Telecommunications (Service Provider – Identity Checks spam (see also anti-spam) 40 for Pre-paid Public Mobile Telecommunications Spam Act (see legislation) Services) Determination 2000 35 special events 79 Telecommunications Service Provider (Mobile Premium spectrum planning 8, 14 Services) Determination 2005 (No.1) 49 auctions 14 Telecommunications (Standard Form of Agreement broadcasting 8 Information) Amendment Determination 2006 42 licences and licensing 14 Telecommunications (Standard Form of Agreement radio 8 Information) Determination 2003 42 reform 14 Telecommunications Standardization Advisory Group 36 secondary trading 14 television technical planning 14 Alternative Technical Solutions Program 16 Square Kilometre Array 8 Black Spots Program 16 staff 52, 62 consultants 83 ACMA Agreement 2006–07 ix, 52, 53 digital 8 Australian Workplace Agreements 52 unassigned channels 8 details 62 Telstra18 employment arrangements 52 ‘Communic8’ 27 development and training 53 Customer Service Guarantee 45 graduate program 53 emergency call services 34 non-salary benefits 52 extended zones agreement 27 occupational health and safety 53 Network Reliability Framework 47 performance management 53 payphone performance 47 salary ranges 64 priority assistance service 48 workplace diversity 52 Standard Marketing Plan 47 workplace relations 53 third generation (3G) mobile phone network 27 standard forms of agreement 42 universal service obligation 46 Standard Marketing Plan (Telstra) 47 temporary community broadcasting licences 78 Standards Australia 27, 29, 30 test transmissions 74 structure (of ACMA) 3 third generation (3G) mobile phone network27 submarine cable protection 32 tool kits (See Online tool kits) 50 subscription television drama expenditure 43 U T ultra wideband technology 13 take-down notices 23 ultra wideband transmitters 8 technical planning (spectrum) 14 unassigned television channels 8 technical regulation 27 universal service obligation 46 technical standards 28 technology studies 28 V home content distribution 29 Vodafone 27, 37 peer-to-peer networks 28 voice over internet protocol (VoIP) 8, 25, 28, 34 VoIP 28 numbering 24 telecommunications (see also Licensing) 20 regulation of services 25 access code 33 service information 50 industry codes 40 infrastructure regulation 32 licensing 17 W numbering 23 wireless access services ix, 8, 14 Telecommunications Act (see Legislation) Wireless Spectrum Strategies 2006 8 Telecommunications Code of Practice 1997 20 Workplace Diversity Program 52 Telecommunications (Emergency Call Service) World Radiocommunication Conference 35, 36 Determination 2002 34

ACMA ANNUAL REPORT 2005–06 171 172 ACMA ANNUAL REPORT 2005–06