The ACMA’s annual report has been tabled in Parliament, summarising the regulator’s year of activities across a wide range of broadcast and telecommunications issues.
The ACMA collects revenue on behalf of the Australian Government through broadcasting, radiocommunications and telecommunications taxes, charges and licence fees. It also administers non-regular revenue from spectrum auctions. In 2012–13, the regulator administered $2,022.046 million of revenue (2011–12: $646.375 million) and $145.512 million of expense (2011–12: $161.940 million) on behalf of the government.
One of the big issues for radio broadcasters is regional regulation, as we reported in our coverage of various CRA conference sessions earlier this month. On this topics the ACMA reported on its review of the local content licence condition and activities in that area during the year, saying:
On 28 June 2013, following a ministerial direction, the ACMA commenced a review to investigate the operation and effectiveness of section 43A of the BSA, which sets out local content requirements for regional commercial television broadcasters. The review is considering a range of issues, including the importance of and access to local content in regional areas, the economic circumstance of regional commercial television broadcasters and whether local content requirements should be extended to other regional areas. The outcomes of the review are scheduled for reporting to the minister by December 2013.
Local content—all regional commercial radio broadcasting licensees
A licence condition in place since1 January 2008 requires regional commercial radio licensees to broadcast prescribed amounts of material of local significance (local content) between 5 am and 8 pm on business days.
In April 2012, the BSA was amended to:
Local content—all regional commercial radio broadcasting licensees
A licence condition in place since1 January 2008 requires regional commercial radio licensees to broadcast prescribed amounts of material of local significance (local content) between 5 am and 8 pm on business days.
In April 2012, the BSA was amended to:
- exempt section 40, racing service and remote area service licences from the local content licence condition
- reduce the operation of the local content obligation from 52 weeks to 47 weeks per year.
Annual reporting from licensees submitted on 30 September 2012 for the 2011–12 financial year showed a high level of compliance with the local content licence condition. All 222 licensees met their local content quotas as required.
Investigations—local content licence condition
During the reporting period, there were no complaints or investigations into compliance with the local content licence condition.
Local content and presence obligations due to a trigger event
Since April 2007, regional commercial radio licensees affected by a trigger event have been obliged to:
Investigations—local content licence condition
During the reporting period, there were no complaints or investigations into compliance with the local content licence condition.
Local content and presence obligations due to a trigger event
Since April 2007, regional commercial radio licensees affected by a trigger event have been obliged to:
- maintain existing levels of local presence (local staff and facilities)
- broadcast specified amounts of local news and information.
In April 2012, the BSA was amended to:
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exempt racing service and remote area service licences from the local presence and local news and information obligations (section 40 licences were already exempt)
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reduce the period for maintaining existing levels of local presence to 24 months from the date of the trigger event
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reduce the operation of the local news and information requirement from 52 weeks to 47 weeks per year.
The definition of a ‘trigger event’ was amended with effect from 16 October 2012 so that, subject to certain exceptions, a trigger event is defined as:
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the transfer of a regional commercial radio broadcasting licence
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a change in control of a regional commercial radio licence
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the formation of a new registrable media group where a regional commercial radio broadcasting licence is in the group
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a change of controller of a registrable media group where a regional commercial radio broadcasting licence is in the group.
Once a trigger event occurs for a licence, a licensee must give the ACMA a draft local content plan within 90 days of the trigger event. Local content plans approved by the ACMA are kept on a register available on the ACMA website. There were 95 regional commercial radio licensees affected by a trigger event as at 30 June 2013.
During the reporting period, there were no investigations or complaints into compliance with the local news and information obligations.
During the reporting period, there were no investigations or complaints into compliance with the local news and information obligations.
Other major ACMA projects highlighted in the report include:
- The launch of the Contemporary community safeguards inquiry, to assess what protections the community expects and whether those protections are being maintained in line with rapid changes in society. One outcome of the inquiry will be to focus on regulation that matters—and to strip out what doesn’t.
- The registration of the new Telecommunications Consumer Protections (TCP) Code, giving consumers more effective and timely protection against bill shock, confusing mobile plans, and poor complaints-handling and customer service.
- A new standard that requires mobile service providers to offer a range of consumer protection features to help overseas travellers manage their mobile use and avoid bill shock. These features include SMS alerts, spend management tools and opt-out arrangements.
To download the full report, click here.