AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF ADDITIONAL LICENCE CONDITION ON COMMERCIAL RADIO BROADCASTING LICENCE NO. 3032
Pursuant to subsection 43(4) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority hereby imposes an additional condition on the commercial radio broadcasting licence identified by the licence number 3032, held by Today FM (Sydney) Pty Ltd (the Licensee), in the following terms.
Additional licence condition
For a period of three (3) years from the date of Gazettal of this condition, the Licensee must comply with clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any equivalent provision or provisions replacing clause 6.1 in any replacement code registered by the Australian Communications and Media Authority.
Overview
The Broadcasting Services Act 1992, enacted by the Commonwealth of Australia Parliament, was introduced to regulate broadcasting services, including commercial radio, television, and digital radio, in Australia. This Act aimed to fill a gap in the regulation of broadcasting services to ensure they operate in a manner that is efficient, effective, and in the public interest. One of the key policy objectives of the Act is to maintain a diverse and vibrant broadcasting industry that reflects Australia’s cultural diversity and meets the needs and interests of the Australian public. The Australian Communications and Media Authority (ACMA) is the body responsible for enforcing this Act, and it has the power to impose additional licence conditions on broadcasters to ensure compliance with industry standards and practices. The additional licence condition imposed on the commercial radio broadcasting licence number 3032, held by Today FM (Sydney) Pty Ltd, is an example of how the ACMA exercises its regulatory authority under the Act.
Scope and Application
The Australian Communications and Media Authority (ACMA) has implemented an additional licence condition under the Broadcasting Services Act 1992, applying to commercial radio broadcasting licence number 3032 held by Today FM (Sydney) Pty Ltd. This condition is specifically aimed at ensuring that the licensee adheres to certain broadcasting standards and practices for a period of three years from the date of the gazette. The condition mandates that Today FM (Sydney) Pty Ltd must comply with clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any equivalent provisions in any replacement code that might be registered by the ACMA. This legislative measure ensures that the licensee's broadcasting activities align with prescribed industry standards, maintaining quality and consistency across the commercial radio sector. The Act applies directly to the licensee, governing their conduct and operations within the specified timeframe.
Key Provisions
The Australian Communications and Media Authority (ACMA) has introduced an additional licence condition on commercial radio broadcasting licence number 3032 held by Today FM (Sydney) Pty Ltd. This condition, pursuant to subsection 43(4) of the Broadcasting Services Act 1992, is set to last for a period of three years from the date of the Gazettal. The specific requirement is that the licensee must adhere to clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any equivalent provisions that may replace it in any subsequent codes registered by the ACMA. This clause typically pertains to community engagement and the broadcasting of community affairs content, ensuring that the licensee maintains a certain standard of community service through its programming.
The obligations imposed by this additional licence condition are primarily focused on the content and community engagement aspects of Today FM's broadcasting. The licensee must ensure that its programming meets the specified community affairs content requirements as outlined in clause 6.1. This may involve broadcasting segments that cover local news, events, and issues relevant to the community served by the station. Additionally, the licensee must ensure compliance with any updates or changes to the Codes of Practice and Guidelines that the ACMA may introduce during the three-year period. This includes staying informed about any new provisions that might replace or amend clause 6.1 and integrating these changes into their broadcasting practices.
Failure to comply with this additional licence condition could result in various consequences. Under the Broadcasting Services Act 1992, non-compliance can lead to enforcement actions by the ACMA. The Act provides for both civil and criminal penalties, depending on the nature and severity of the breach. For civil penalties, the ACMA may issue a direction to comply, which the licensee must follow within a specified timeframe. If the licensee fails to comply with this direction, the ACMA may impose a financial penalty. The maximum penalty for contravening the licence conditions, as specified in the Act, can be significant, often reaching up to several thousand Australian dollars. Additionally, continued non-compliance could lead to more severe actions, such as licence suspension or revocation, which would effectively cease the licensee's broadcasting operations.