Broadcasting Services Clarification Notice 2001 (Cth)
Broadcasting Services Clarification Notice 2001
as amended
made under paragraph 19(1)(b) of the
Broadcasting Services Act 1992
This compilation was prepared on 4 May 2011
taking into account amendments up to the Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1)
Prepared by the Australian Communications and Media Authority
Contents
Page
Part 1 Preliminary
1 Name of Notice 2
2 Commencement 2
3 Definitions 2
Part 2 Clarification for AM and FM radio services
4 Purpose of Part 2 3
5 Low power transmitter: urban centres and localities 3
6 Limited period 3
7 Special event 4
8 Pre-recorded, regularly repeated audio content 4
9 Information service 4
10 Religious service 5
11 Non-English language service 5
12 Racing service 5
13 Ancillary service 6
Schedule 1 Open narrowcasting services 7
Part 1 Preliminary
Name of Notice
This Notice is the Broadcasting Services Clarification Notice 2001.
Commencement
This Notice commences on gazettal.
Definitions
In this Notice:
Act means the Broadcasting Services Act 1992.
locality means a population cluster that is classified as a locality by the Australian Bureau of Statistics in accordance with the Australian Standard Geographical Classification (ASGC) 2001.
urban centre means a population cluster that is classified as an urban centre by the Australian Bureau of Statistics in accordance with the Australian Standard Geographical Classification (ASGC) 2001.
Part 2 Clarification for AM and FM radio services
Purpose of Part 2
(1) For paragraph 19 (1) (b) of the Act, this Part clarifies the criteria specified in section 18 of the Act as they apply to a broadcasting service:
(a) provided as a radio service; and
(b) provided using an AM or FM signal within the broadcasting services bands; and
(c) that is not made available only on payment of subscription fees (whether periodical or otherwise).
(2) If a broadcasting service does not comply with a particular section of this Part, the broadcasting service may still be an open narrowcasting service under section 18 of the Act because of its individual characteristics.
Low power transmitter: urban centres and localities
(1) This section applies if the broadcasting service is provided:
(a) in an urban centre or locality; and
(b) within the FM radio broadcasting band; and
(c) using a transmitter with a maximum effective radiated power of 1 watt or less.
Note In broad terms, under the Australian Standard Geographical Classification (ASGC) 2001, an urban centre is a population cluster of 1 000 or more people while a locality is a population cluster of between 200 and 999 people.
(2) The broadcasting service is not an open narrowcasting service by reason only of the maximum effective radiated power of the transmitter used to provide the broadcasting service.
Limited period
(1) This section applies if the broadcasting service is provided for:
(a) a continuous period of not more than 30 days in any 12 month period; or
(b) separate periods which, in total, are not more than 30 days in any 12 month period;
in accordance with the conditions of the transmitter licence or licences issued by the ABA for the provision of a limited-period service.
(2) The broadcasting service is an open narrowcasting service.
Special event
(1) This section applies if the broadcasting service is provided for a continuous period of not more than 30 days to cover an event that:
(a) has major cultural significance, sporting significance or other community significance; and
(b) is organised by 1 or more persons.
(2) The broadcasting service is an open narrowcasting service.
Comment
While it is likely that cultural and sporting events of major significance will be organised by 1 or more persons, it should not be presumed that all events are organised in a way that meets the requirements of subsection (1).
For example, events such as the Moomba Festival and the Sydney to Hobart Yacht Race are clearly organised.
On the other hand, the ski season, which occurs if and when particular weather conditions exist, is an example of an event which is not an ‘organised’ event for the purposes of this section.
Pre-recorded, regularly repeated audio content
(1) This section applies if the broadcasting service has the following characteristics:
(a) the content of the broadcasting service consists solely of not more than four hours of pre-recorded material, which is repeated in the same order; and
(b) the material is not updated or otherwise varied more than once in any week.
Comment
A service of this kind is also known as a pre-recorded, regularly repeated audio content service.
(2) The broadcasting service is an open narrowcasting service.
Information service
(1) This section applies if the content of the broadcasting service:
(a) relates only to specific information about a subject; and
(b) does not include general news.
Comment
Information services may include stock market reports, weather services, real estate information and entertainment information.
(2) The broadcasting service is an open narrowcasting service.
Religious service
(1) This section applies if the broadcasting service is provided for 1 or more of the following purposes, and for no other purpose:
(a) the propagation of religious beliefs, religious values and religious lifestyles;
(b) the broadcasting of religious rituals and events of religious significance;
(c) the provision of information and services relevant to religious beliefs, religious values and religious lifestyles.
(2) A broadcasting service does not comply with subsection (1) if the content of the service includes material that is not relevant to 1 or more of those purposes.
Comment
‘Mainstream’ music which has no obvious religious significance, and is not broadcast for the purpose of analysis or commentary, is material that is not relevant to the purposes mentioned in subsection (1).
(3) The broadcasting service is an open narrowcasting service.
Non-English language service
(1) This section applies if the content of the broadcasting service is provided:
(a) wholly in a language other than English; or
(b) in a language other than English, except to the extent that the broadcasting service includes content in English that is incidental to the provision of the service in the other language.
Comment
Examples of incidental content for paragraph (1) (b) are:
· interviews broadcast in English with a translation into the other language;
· broadcasts in English of station identification.
(2) The broadcasting service is an open narrowcasting service.
Racing service
(1) This section applies if the broadcasting service has the characteristics set out in subsections (2), (3) and (4).
(2) At least 80% of the content of the broadcasting service on a day (except Christmas Day or Good Friday) is:
(a) descriptions of any combination of horse races, harness races and greyhound races; and
(b) the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and
(c) material (such as music, news reports, weather reports, announcements and advertisements) that is:
(i) incidental to the provision of the content mentioned in paragraphs (a) and (b); and
(ii) provided only during periods between particular races on that day; and
(iii) provided to the minimum extent practicable between particular races; and
(iv) provided for a total of not more than 15 minutes in each hour of the day.
Comment
For subparagraph (2) (c) (iv), the hours to be used are the hours starting at midnight, 1 am, 2 am, and so on).
(3) A significant proportion of the content of the broadcasting service to which subsection (2) does not apply is:
(a) relevant to horse racing, harness racing or greyhound racing; or
(b) of interest mainly to persons involved in horse racing, harness racing or greyhound racing;
provided throughout the period to which subsection (2) does not apply.
(4) The broadcasting service is promoted, in the content of the broadcasting service:
(a) as a service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or
(b) using the words ‘racing radio service’.
(5) The broadcasting service is an open narrowcasting service.
Ancillary service
(1) This section applies if the broadcasting service is provided using only a subcarrier channel.
Comment
A service of this kind is also knows as an ancillary service.
(2) The broadcasting service is an open narrowcasting service.
Schedule 1 Open narrowcasting services
(from section 18 of the Broadcasting Services Act 1992)
Open narrowcasting services
Open narrowcasting services are broadcasting services:
(a) whose reception is limited:
(i) by being targeted to special interest groups; or
(ii) by being intended only for limited locations, for example, arenas or business premises; or
(iii) by being provided during a limited period or to cover a special event; or
(iv) because they provide programs of limited appeal; or
(v) for some other reason; and
(b) that comply with any determinations or clarifications under section 19 of the Act in relation to open narrowcasting services.
A multi-channelled national television broadcasting service (within the meaning of Schedule 4 to the Act) is not an open narrowcasting service.
Notes to the Broadcasting Services Clarification Notice 2001
Note 1
The Broadcasting Services Clarification Notice 2001 (in force under paragraph 19(1)(b) of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification in Gazette or FRLI registration | Date of | Application, saving or |
| Broadcasting Services Clarification Notice 2001 | 9 January 2002 (see Gazette 2002 No. GN1) | 9 January 2002 | |
| Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1) | 2 May 2011 (see F2011L00665) | 3 May 2011 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 8......................................... | rs. 2011 No. 1 |
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