Australian Broadcasting Authority Annual Report 2001–02 Sydney 2002 Annual Report 2001–02 © Commonwealth of Australia 2002 ISSN 1320-2863 Design by Media and Public Relations, Australian Broadcasting Authority Printed in Australia by Printing Headquarters, NSW For inquiries about this report, contact: Publisher Australian Broadcasting Authority at address below For inquiries relating to freedom of information, contact: FOI Coordinator Australian Broadcasting Authority Level 15, 201 Sussex Street Sydney NSW 2000 Tel: (02) 9334 7700 Fax: (02) 9334 7799 Postal address: PO Box Q500 Queen Victoria Building NSW 1230 Email: [email protected] Website: www.aba.gov.au 2 Letter of transmittal 3 Annual Report 2001–02 4 Contents Letter of transmittal 3 The year in review 2001–02 7 Chapter 1 — The Australian Broadcasting Authority 14 Achievements against the Corporate Plan 21 Managed regulation of broadcasting Chapter 2 — Regulation of broadcasting services Codes of practice 28 Australian content 29 Review of the Australian content standard 29 Pay TV 31 Children’s television 31 Commercial radio 33 Research 33 Anti-siphoning 35 Anti-hoarding 35 Ministerial directions 35 Submissions to parliamentary committees, public inquiries and reviews 36 Clarification of criteria for open narrowcasting services 36 Variation of conditions for open narrowcasting services 37 Investigations Investigations into programming matters 39 Regional TV news investigation 41 Loudness of advertisements investigation 42 Remote commercial radio services 43 Control of broadcasting services 43 Licence fees 45 Chapter 3 — Internet content regulation Codes of practice 47 Complaints 48 Research 50 Community education 51 Domestic initiatives 52 International initiatives 52 Interactive gambling 53 Licensing of broadcasting services Chapter 4 — Licence area planning and licence allocation Planning the radiofrequency spectrum 56 Licence area plans 56 Planning tools 62 ANAO report 62 Licence allocation 64 Chapter 5 — Digital broadcasting New digital services commenced 69 Conversion schemes 69 Digital channel plans 69 5 Annual Report 2001–02 Implementation plans 70 Advice on technology 71 Public consultation 71 Continuous improvement and leadership strategies Chapter 6 — Management improvement and information management Management improvement 72 Information and knowledge management 79 Appendixes 1 Freedom of information 84 2 Staffing 94 3 Australian content and children’s television standards compliance 98 C & P classified programs 99 Children’s television consultants 101 4 Investigations completed in 2000–01: Breach finding 102 No breach finding 107 Summaries of breaches in 2000–01 114 5 Temporary community broadcasting licences 134 6 Arrangements for outside participation 136 7 Licence area planning and licensing 139 8 Commonwealth disability strategy 156 9 Publications of the Australian Broadcasting Authority 158 10 Legislation 160 11 Litigation summary 161 12 Financial statements 164 Index 195 Tables 1 C and P program classifications 33 2 Investigations resulting in breach findings 40 3 Code breaches (by type of service) 40 4 Licence condition breaches (by type of service) 40 5 Broadcasting Services Act breaches (by type of service) 40 6 Remote commercial radio services 43 7 Licence fees collected 45 8 Internet content complaints investigated 48 9 Action taken in relation to prohibited and potentially prohibited content 49 10 Total number of licences on issue 65 11 Section 36 commercial radio licences allocated 65 12 Section 40 commercial broadcasting licences allocated 65 13 Community radio licences allocated 67 14 Subscription television licences allocated 68 6 The year in review 2001–02 In 1992, there were only a handful of commercial FM radio services in Australia outside of the metropolitan markets. Now, all radio markets, The most notable event of the Australian except Launceston (where there is currently a Broadcasting Authority’s year was the completion lack of suitable FM frequencies) and some of the radio planning exercise started nine years remote areas, have, or soon will have, at least ago under the Broadcasting Services Act 1992. one commercial FM radio service. With the objective of increasing the number and Community radio has also shown exceptional diversity of radio services available to growth, with the number of transmitters having Australians, the ABA’s planning has resulted in grown from 202 servicing 129 stations in 1992 to nearly one thousand new services (national, 532 transmitters planned for 304 stations. This commercial, community and narrowcast) clearly reflects the public’s increasing interest becoming available around Australia. and involvement in the many radio formats The ABA response to public and industry available. There are now few communities in demand has resulted not only in a massive Australia that do not have their own community expansion of the radio sector, but also a greater radio station. choice of listening. During the year, the ABA auctioned new The outcomes of the planning process can be commercial radio licences for Perth, Western measured in statistics, but a more meaningful Australia and Gosford, New South Wales. DMG way to evaluate the ABA’s achievements is to Radio was the successful bidder in both consider the impact of its decisions on the instances, bidding $25 million for the Perth quality and range of broadcasting services at a licence and $13.5 million for the Gosford one. community level. It has always been critical to The ABA allocated 24 community radio licences achieve a sustainable balance at each location during the year. These were to serve Byron Bay, between the number and types of services Casino, Coraki, Hornsby and Nimbin (New South available. The huge growth in the number of Wales); Camberwell, Colac, Geelong, Melbourne transmitters reflects the tremendous increase in (3 licences), Melbourne City and Waverley coverage and availability of both new and (Victoria); Beaudesert, Brisbane (2 licences), existing services to Australians. Cunnamulla, Gayndah, Gold Coast (3 licences), Since October 1992, the ABA has planned a total Gympie and Noosa (Queensland); Adelaide and of 1,468 new radio transmitters. This compares to the Barossa Valley (South Australia) and the 908 transmitters operating at that date. A Geraldton (Western Australia). similar number of low powered narrowcast The ABA’s radio planning activity has shifted services, such as for tourist radio, have also been focus to consolidating its work to date, made available. Radio audiences in regional and addressing some unresolved service issues and remote Australia have benefited most. evaluating its planning methods, to meet the With the finalisation of plans for services in demand for even more services across all types Tasmania and Western Victoria in December of radio broadcasting. 2001, the ABA completed the licence area The Government has declared its interest in planning process, as identified in its Planning funding improvements for commercial radio Priorities (1993). Together with plans for services in ‘blackspot’ areas of poor reception, metropolitan Adelaide and Perth and radio which may follow on from its television markets in South Australia, Victoria and New blackspots program, and possibilities for digital South Wales, the ABA planned 135 transmitters radio in Australia. The ABA will continue to plan for 90 new services during 2001. transmitters for the roll-out of ABC and SBS 7 Annual Report 2001–02 services and work with AM broadcasters to Television (TNT9) Pty Ltd and WIN Television improve day-time coverage. Tas Pty Ltd) to provide a digital television The ABA continued the planning for the service. introduction of analog and digital television The Broadcasting Services Act allows for the services in regional markets during the year. allocation of an additional commercial television Spectrum was made available for second analog licence to a company that is jointly owned by the commercial television services in Broken Hill, existing licensees in a two-station market, such NSW and the South Australian regional markets as the Tasmanian television market. The ABA of Mt Gambier, Riverland and Spencer Gulf. was pleased to release a draft variation to the Digital channel plans and variations to digital digital channel plan for Tasmania to make the channel plans were completed for the following necessary modifications to the channel regional areas: New South Wales South Coast assignments. (including the areas of Nowra North, Ulladulla, In December 2001, the Australian National Batemans Bay/Moruya, Narooma, Bega, Eden Auditors’ Office tabled in Parliament a report into and Bega/Cooma); Inland NSW and ACT (Upper the performance of the ABA’s planning and Namoi, Central Western Slopes, Central licensing functions. The ABA welcomed the Tablelands, SW Slopes/E Riverina, Bombala, report, in particular the acknowledgement the Cooma Town, Cooma/Monaro, Tuggeranong and report gives to the work the ABA has already Weston Creek/Woden); Regional Victoria and undertaken towards improving its processes and Tasmania (Upper Murray, La Trobe Valley, systems. The ABA was happy to accept all seven Goulburn Valley, Bendigo, Ballarat, Western of the auditor’s recommendations. Victoria, Murray Valley, Nhill, Horsham and NE Tasmania); Regional Queensland (Southern Regional TV news Downs, Darling Downs, Wide Bay, Rockhampton, Mackay, Townsville and Cairns); In November 2001 the ABA commenced an Broken Hill, Regional Victoria and Regional SA investigation into the