Annual report Annual report Canberra Melbourne Sydney Purple Building Level 44 Level 5 Benjamin Offices Melbourne Central Tower The Bay Centre Annual report Chan Street 360 Elizabeth Street 65 Pirrama Road Belconnen ACT Melbourne VIC Pyrmont NSW 2011–12 PO Box 78 PO Box 13112 PO Box Q500 Belconnen ACT 2616 Law Courts Queen Victoria Building Melbourne VIC 8010 NSW 1230 T +61 2 6219 5555 F +61 2 6219 5353 T +61 3 9963 6800 T +61 2 9334 7700 F +61 3 9963 6899 1800 226 667 F +61 2 9334 7799 2011 – 12 acma.gov.au engage.acma.gov.au Annual report 2011–12 Copyright notice http://creativecommons.org/licenses/by/3.0/au/ With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence. We request attribution as: © Commonwealth of Australia (Australian Communications and Media Authority) 2012. All other rights are reserved. 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ISSN 1834-1519 Contents 10 Chairman’s foreword 11 Convergence and regulatory pressures 12 Telecommunications—Reconnecting the Customer 13 Spectrum and the digital dividend 13 The National Broadband Network (NBN) 13 Broadcasting and online investigations 14 The IPND 14 Numbering 14 Cybersafety 14 TUSMA 15 Research and reporting 16 Highlights 17 Public inquiry into telecommunications customer care 19 Spectrum management 19 Digital dividend 20 Digital television 21 Codes of practice 22 Broadcasting investigations 23 Numbering 23 Consolidated compliance mark 24 Marine radio 24 Online content complaints 24 Do Not Call Register 25 Anti-spam 25 Cybersafety 26 Conferences and events 26 Communications and engagement 27 Research and reporting 27 International activities 28 Chapter 1: About the ACMA 29 Functions and responsibilities 30 Structure 30 The Authority 33 Corporate structure 35 Revenue collection 35 Governance ACMA Annual report 2011–12 | 5 36 Strategic and business planning 36 Strategic planning 37 Business planning 38 Chapter 2: Regulatory environment 40 Regulatory functions 40 The ACMA’s responses to convergence and regulatory pressures 41 Ownership and control 41 Register of Controlled Media Groups 41 Interactive media control database 41 Compliance with ownership and control provisions 43 Local content 45 Digital broadcasting 45 Digital television 47 Digital radio 48 Spectrum management 48 Allocation of 700 MHz and 2.5 GHz bands 50 Radiocommunications 50 Stakeholder engagement 51 International activities 53 Expiring spectrum licences 54 400 MHz band implementation 55 Mobile broadband project 56 Conversion of the 2.5 GHz mid-band gap 56 Proposed mobile phone jammer trial at Lithgow Correctional Centre 56 Deployment of bodyscanner devices at Australia’s international airports 57 Trial of advanced power limit for advanced amateurs 57 LTE trials in the 700 MHz band 57 Space regulation 57 Radiocommunications research and analysis 58 Allocation and licensing 58 Market-based resource management 58 Radiocommunications licensing 59 Spectrum licensing 60 Class licensing 63 Broadcasting licence area plans and variations 65 Digital channel plans and variations 65 Broadcasting licensing 67 Telecommunications licensing 68 Telecommunications numbering 68 Numbering Plan administration 68 Numbering work program 68 Numbering Advisory Committee 69 Number allocations register 69 Numbering transactions 70 Portability 71 Pre-selection 71 Geographic numbering amendments 72 Revenue and fees 73 USO funding and subsidies 73 Annual carrier licence charges 73 Do Not Call Register access fees and cost recovery 73 Numbering charges 75 Number auctions 6 | Contents 75 Apparatus licence taxes 75 Spectrum licence tax 75 Broadcasting licence fees and datacasting charge 76 Technical regulation 77 Regulatory arrangements—technical standards and labelling notices 79 Telecommunications standards 79 Radiocommunications standards 80 Broadcasting technical standards—digital television 80 Electromagnetic compatibility standards 81 Electromagnetic energy standards 81 Cabling regulation 82 Advice to the minister on NBN level playing field exemption equestsr 82 Certification bodies 83 Telecommunications infrastructure regulation 84 Submarine cable protection 84 Compliance and enforcement 85 Radiocommunications compliance 88 Cabling and labelling compliance 88 Telecommunications compliance 91 Telemarketing and fax marketing compliance 94 E-marketing compliance 97 Broadcasting compliance—complaints and investigations 103 Online content complaints 108 Interactive gambling 108 National interest issues 108 Law enforcement liaison 109 Identity-checking requirements for prepaid mobile phone services 109 Disclosure of customer information to law enforcement and national security agencies 109 Disclosure of Integrated Public Number Database (IPND) data for telephone-based emergency warning systems 109 Emergency call service 110 Industry code—Emergency Call Service Requirements 111 Integrated Public Number Database 111 e-Security 112 International matters 113 Hosting delegations from overseas stakeholders 113 INHOPE 114 Chapter 3: Content regulation and consumer information 116 The ACMA’s regulatory role 116 Australian content 116 Australian content in advertising 117 Australian music code 117 Children’s television 118 Declaration of primary services 119 High definition broadcasting 120 Subscription television drama expenditure 121 Anti-siphoning provisions 121 Review of commercial radio standards 122 Quality of captioning ACMA Annual report 2011–12 | 7 122 Consumer safeguards 122 Reconnecting the Customer public inquiry 123 Implementation of consumer safeguard reforms 124 Telecommunications Industry Ombudsman (TIO) 125 Universal service obligation (USO) 125 Payphone performance 126 Customer Service Guarantee 127 Network Reliability Framework 127 Priority assistance 128 Local presence plan 128 National Relay Service 129 Consumer Consultative Forum (CCF) 129 Do Not Call Register 130 Protection of consumer information 131 Community awareness 131 Cybersafety—the Cybersmart program 135 Consumer awareness—new communications technologies 137 Research and reporting 137 Consumer and audience research 137 Research into online safety 137 Unsolicited communications and malware 138 Exploratory research into location services 138 Regulatory design best practice 139 Market trends and service developments 139 Communications report series 141 Transition to digital television 142 Chapter 4: Managing and developing our resources 143 Our people 144 Performance payments 144 Workplace Diversity Program 145 Changes to disability reporting in annual reports 145 Ethical standards 146 Health and safety 147 Consultation and workplace relations 147 People and capability development 148 Performance management 148 Creating Knowledge program 148 ACMA transformation program 149 Client Service Charter 149 Information management 149 Transformation agenda 150 Technology platform 150 Client services 151 Information management 151 Corporate governance 151 Audit 151 Risk management 151 Security 152 Communications and engagement 8 | Contents 152 Financial management 153 Procurement and contract management 153 Grant programs 153 Asset management 153 Property management 153 Ecologically sustainable development and environmental performance 154 Appendixes 155 Appendix 1: ACMA offices 156 Appendix 2: ACMA committees, memberships and attendance at meetings 160 Appendix 3: Staffing information 168 Appendix 4: Licensing and licence allocations 208 Appendix 5: Programs and content 210 Appendix 6: Broadcasting investigations outcomes 2011–12 231 Appendix 7: Freedom of information—Information Publication Scheme 232 Appendix 8: Legislation 234 Appendix 9: Notifications, directions and instruments 235 Appendix 10: Disclosures of information 236 Appendix 11: Judicial and administrative decisions 2011–12 237 Appendix 12: Consultancies, advertising expenditure and competitive tendering 239 Appendix 13: Outcome table 2011–12 240 Appendix 14: Agency resource statement 2011–12 242 Appendix 15: Performance against PBS KPIs and deliverables 2011–12 244 Appendix 16: Regulatory impact analysis compliance report 245 Appendix 17: Compliance index 249 Appendix 18: Financial statements 318 Glossary 323 Index ACMA Annual report 2011–12 | 9 Chairman’s foreword Few things are more certain in A lot happened in 2011–12, and it happened at a considerable pace. Our day job was the world of communications no less demanding but we did spend time and media than change. focusing on the longer term, taking time to identify themes and likely directions, particularly In this environment, it has in the context of rapidly changing technology been necessary for the ACMA and services. We also tried to envisage the future and anticipate likely scenarios that to transform, adapt and will test our preparedness and resilience consistently reinvent itself as a regulator. over the last few years. Convergence and regulatory We have worked to develop pressures into a flexible learning During the year, media and communications— including