Australian Broadcasting Tribunal Annual Report 1980-81 Annual Report Australian Broadcasting Tribunal 1980-81
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AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1980-81 ANNUAL REPORT AUSTRALIAN BROADCASTING TRIBUNAL 1980-81 Australian Government Publishing Servi(;e Canberra 1981 © Commonwealth of Australia 1981 Printed by Courier-Mail Printing Service, Campbell Street, Bowen Hills, Q. 4006 The Honourable the Minister for Communications In conformity with the provisions of section 28 of the Broadcasting and Television Act 1942, as amended, I have pleasure in presenting the Annual Report of the Australian Broadcasting Tribunal forthe period l July 1980 to 30 June 1981. David Jones Chairman 11 August 1981 CONTENTS PART/ INTRODUCTION Page Legislation 1 Addresses given by Tribunal Members and Staff 4 Membership of the Tribunal 6 Functions of the Tribunal 7 Meetings of the Tribunal 7 Organisation and staffof the Tribunal 8 Locationof Tribunal's offices 8 Overseas visits 9 Financial accounts of the Tribunal 11 PART II GENERAL Broadcasting and television services in operation since 1952 12 Financial results - commercial broadcasting and television stations 12 Fees forlicences forcommercial broadcasting and television stations 15 Broadcasting and televising of political· matter 16 Poiitical advertising 24 Complaints about programs and advertising 25 Appeals or reviews of Tribunal decisions and actions by Commonwealth 27 Ombudsman, Administrative Review Council, and Administrative Appeals Tribunal Senate Standing Committee on Education and the Arts 29 PART/II PUBLIC INQUIRIES Introduction 31 Legislation 31 Proceduresfor inquiries 32 Licence renewal inquiries 32 Licence grant inquiries 35 Licences granted without inquiries 36 Inquiries into transactions relating to the ownership or control of stations 36 Revocationof Licence 2CT Campbelltown, NSW 37 Reports 38 Inquiry into Cable and Subscription Television Services and Related 38 Matters PART IV LICENSING - BROADCASTING Current licences forcommercial broadcasting stations 40 Grant of licences and commencement of operation 40 Transferof licences and operation of stations 40 Ownership or control of commercial broadcasting stations 41 Changes in shareholdings in broadcasting stations 41 Memorandum and Articles of Associationof licensee companies 42 Networks of commercial broadcasting stations 42 Broadcasting translator stations 43 Commercial broadcasting translator stations 43 Public broadcasting stations 44 Grant of licences forpublic broadcasting stations 44 Allocationof callsigns 44 Permits for test transmissions 44 V PARTV PROGRAM SERVICES - BROADCASTING STATIONS Page Broadcasting program and advertising standards 46 Complaints about radio programs and advertising 46 Types of programs 46 Australian content 49 Advertising 55 News and current affairs 56 Religious programs 56 Community service 56 Program research 57 Hours of service 58 PARTVI LICENSING - TELEVISION Current licences for commercial television stations 60 Transferof licences 60 Ownership or control of commercial television stations 60 Changes in shareholding in television stations 61 Memorandum and Articles of Associationof licensee companies 62 Television translator stations 62 Commercial television translator stations 62 Commencement of service of television translator stations 62 Grant of licences fortelevision translator stations 64 Television translator stations licensed but not yet in operation as at 30 June 1981 64 Television repeater stations 64 Community television aerial system0 65 PART VII PROGRAM SERVICES - TELEVISION STATIONS Television program and advertising standards 66 Complaints about television programs and advertising 66 Analysis of programs 66 Australian content of programs 68 Children's programs 72 Advertising 77 Film censorship and classificationof programs - television 81 News and current affairs 86 International year fordisabled persons 87 Religious programs 87 Program research 88 Children's Program Committee 89 Hours of service 91 Acknowledgements 92 PART VIII APPENDIXES A. Commercial broadcasting stations in operation on 30 June 1981 - 93 medium frequency services B. Commercial broadcasting stations in operation on 30 June 1981- 99 frequency modulation services C. National broadcasting stations in operation on 30 June 1981- 100 medium frequency services D. National broadcasting stations in operation on 30 June 1981 - 103 frequency modulation services E. Public broadcasting stations in operation on 30 June 1981 104 F. Broadcasting stations established by the Special Broadcasting 107 Service under the Broadcasting and Television Act 1942 as amended, in operation on 30 June 1981 vi Page G. Commercial broadcasting translator stations in operation on 30 108 June 1981 H. 1Commercial television stations in operation on 30 June 1981 109 I. :National television stations in operation on 30 June 1981 113 J. 'Television stations established by the Special Broadcasting Service 118 under the. Broadcasting and Television Act 1942 as amended, in operationon 30 June 1981 Commercial television translator stations in operation on 30 June 119 K. 1981 L. National television translator stations in operation on 30 June 1981 126 M. Television repeater stations in operation on 30 June 1981 133 N. Details of successful applicants for grants of licences 134 0. Commercial television stations - principal shareholders in 136 licensee companies Multiple shareholding interests of newspapers and others in 144 P. broadcasting and television stations Newspaper shareholding interests of a minor nature in commercial 163 Q. broadcasting stations and commercial television stations R. Shareholding transactions requiring approval which occurred but 166 which had not been approved at the time of preparation of report Statistical analysis of broadcasting programs 167 s. Statistical analysis of television programs 172 T. Australian content of television programs points system 178 u. effectivefrom 8 February 1976 V. Children's Program Committee - Progress Report 216 w. Australian Broadcasting Tribunal - Consolidated list of 'C' 227 classifiedprograms x. Current research publications 237 Y. List of reportson public inquiries 239 z. Determinations made by the Australian Broadcasting Tribunal 242 AA. Financial Statement - Australian Broadcasting Tribunal 249 vii PART/ INTRODUCTION LEGISLATION 1. The broadcasting and television services of Australia operate under the provisions of the Broadcasting and Television Act 1942, as amended. Other relevant Acts are the Broadcasting Stations Licence Fees Act 1964, the Television Stations Licence Fees Act 1964 and the Parliamentary Proceedings Broadcasting Act 1946. Under the last-named Act, the Australian Broadcasting Commission (ABC) is obliged to broadcast the proceedings of the Senate or the House of Representatives from one of the national broadcasting stations in each capital city and Newcastle, and fromsuch other national broadcasting stations as are prescribed, according to the determination of the Joint Committee on the Broadcasting of Parliamentary Proceedings. 2. The Broadcasting and Television Act 1942 was amended on two occasions during the year: by the Broadcasting and Television Amendment Act 1980 (No. 143 of 1980) and the Broadcasting and Television Amendment Act 1981 (No. 113 of 1981 ). 3. Insofaras it relates to the Tribunal, significant changes introduced by the firstof these Amendment Acts included: • clarification of powers of Associate Members; • broadening of the range of inquiries that the Tribunal may be directed to conduct by the Minister or may conduct of its own motion; • provision for the licensing of national translator stations to private persons; • provision forthe licensing of public broadcasting and television translator stations; • clarification of the Minister's powers in relation to variation of specifications included as conditions of licence and designation of stations whose programs are to be re-transmitted by proposed translator stations; and • provision for the issue of permits to allow test transmissions of broadcasting or television programs, having no advertising content, forperiods not exceeding seven days. 4. The provisions clarifying the Minister's powers relating to variation of specifications were deemed to come into operation on 1 January 1978, the date of commencement of the Broadcasting and Television Amendment Act 1977 (No. 160 of 1977) which, inter alia, transferred certain of the Minister's licensing powers to the Tribunal. The other provisions commenced on 1 January 1981. 5. The 1981 Amendment Act, insofaras it relates to the Tribunal, provides for: • reference of questions of law by the Tribunal, of its own motion or at the request of a person having an interest in proceedings before the Tribunal, to the Federal Court of Australia; • supplementary broadcasting licences; • a requirement for the lodgement of an undertaking, relating to the conduct of operations pursuant to the licence, by the licensee or prospective licensee before the grant, renewal or transfer of the licence; • prescription of "public interest" and other criteria to which the Tribunal is limited in considering grant, renewal, revocation, suspension or transfer of licences or share transactions; • revised procedures forapproval of share transactions; • limited exemption from ownership and control provisions relating to television for approved investments and registered lenders; and • revised provisions relating to foreignownership. 6. The Amendment Act received assent on 24 June 1981 and immediately came into effect with the exception of those sections dealing with exemptions for approved