Regulation of Community Broadcasting – Allocations and Renewals Jason Ives Licensing Officer Community Allocations and Renewals ACMA International Training Program 7 September 2006 Melbourne

Introduction Overview of broadcasting regulation Background to community licence regime Allocation and renewal processes for community licences Questions

Broadcasting regulation: an overview Broadcasting Services Act 1992 (‘the Act’) Industry codes. Self-regulating, complaints-based regime. Community broadcasting: an additional level of regulation – allocation and renewal processes.

Background: community broadcasting The purpose of community broadcasting. “To cater for and reflect the widest possible spectrum of information, opinions, values and interests in Australian society.” – Anthony Staley Minister for Post and Telecommunications 5 April 1978 Community licences can be allocated for the “general” community, or for specific interests (ie Muslim, youth). Number of licences:  83 community television licences.  361 community radio licences. Community broadcasting regulation designed so as to preserve the objects of the regime.

Distribution of Community Radio Licences – August 2005

Community licences: Allocation and Renewal Most broadcasting licences allocated via a price-based process. Community broadcasting licences allocated via a merit- based process. ie a “beauty contest”. Renewals assessed via a similar process (since 2002). Allows additional regulatory opportunity to ensure that objects of licensing regime are preserved.

Community licences: Allocation and Renewal Under section 84 of the Act, ACMA is to have regard to a number of criteria as part of the licence allocation process:  the extent to which the proposed service would meet the existing and perceived future needs of the community within the licence area of the proposed licence;  the nature and diversity of the interests of that community;  the nature and diversity of other broadcasting services (including national broadcasting services) available within that licence area;  the capacity of the applicant to provide the proposed service;  the undesirability of one person being in a position to exercise control of more than one community broadcasting licence that is a broadcasting services bands licence in the same licence area; and  the undesirability of the Commonwealth, a State or a Territory or a political party being in a position to exercise control of a community broadcasting licence.

Public allocation process ACMA assesses each applicant against s84 criteria. Licence is allocated to most suitable applicant. ACMA may decide not to allocate the licence. Licences are held for five years before being considered for renewal. Community licences: Allocation process

Community licences: Renewal process Licensees invited to apply to renew licence one year before expiry. Since 2002, the renewal process allows ACMA to review a licensee against the s84 criteria. ACMA may ask for further information, or conduct a renewal investigation. If the licensee meets the criteria its licence is renewed. If the licensee is not up to an adequate standard, ACMA may:  Request licensee to address concerns before licence is renewed;  Renew the licence upon receiving undertakings from licensee;  Impose conditions; or  Decide not to renew the licence.

Community licensees operating a service for profit:  Marketing products through the service;  Paying Directors;  Contracting with businesses owned by members. Failing to encourage community access:  Low membership or volunteer levels;  Restrictive membership provisions;  Misrepresenting the community of interest. Poor management capacity:  Operating at a financial loss;  Negligent or incompetent management;  Ongoing technical faults Common problems during renewal

Proper allocation process important to ensure selection of suitable licensees. Renewal process useful to keep an ongoing watch over community licensees. Conclusion