Notice of Application for Renewal of Licence - Broadcasting Service Licences for Community Radio Licensees

Overview

The Broadcasting Services Act 1992 (the Act) was enacted by the Parliament of Australia to address the need for a regulatory framework governing the provision of broadcasting services within Australia. The Act aims to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the promotion of diversity in broadcasting content and the protection of community interests. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including the renewal of broadcasting service licences under section 90(2). The policy objective of the Act is to maintain a broadcasting system that serves the Australian public by providing a wide range of high-quality services that reflect Australia's cultural, social and economic diversity. ACMA is required to renew broadcasting service licences unless it decides that an applicant is no longer a suitable licensee, taking into account factors such as the business record of the company and its record in situations requiring trust and candour. ACMA may also refuse to renew a community broadcasting licence if it considers that it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that hold broadcasting service licenses in Australia, including both commercial and community broadcasters. This legislation governs the conduct, operations, and transactions of these broadcasters, ensuring compliance with specific broadcasting standards and conditions. The Act's jurisdiction spans the entire Commonwealth of Australia, and its provisions apply uniformly across all states and territories. However, certain exclusions and exemptions exist within the Act, particularly concerning community broadcasting services, where ACMA is not mandated to hold investigations or hearings before deciding on licence renewals. Additionally, the Act allows for the renewal of broadcasting service licences through subordinate instruments, which can extend or restrict the application of the Act's provisions based on specific conditions and circumstances. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act and ensuring that licensees meet the necessary criteria to continue providing broadcasting services.

Key Provisions

The Broadcasting Services Act 1992 (the Act) includes provisions for the renewal of broadcasting service licences, as detailed in section 90(2). In this instance, the Australian Communications and Media Authority (ACMA) has notified the public of applications from several community and commercial radio entities seeking licence renewals. These entities include Swan Hill and District Community FM Inc, Radio Geeveston Youth Inc, Launceton Christian Broadcasters Inc, and others, each operating within specific regional areas across various states. The Act stipulates that ACMA is mandated to renew these broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. A company qualifies as a suitable licensee if ACMA does not find that subsection 83(2) of the Act applies to them. ACMA may consider subsection 83(2) applicable if it believes that permitting the licensee to provide or continue to provide either a commercial or community broadcasting service would pose a significant risk of an offence against the Act or the regulations being committed, or a breach of licence conditions occurring. In making this determination, ACMA must consider the business record of the company, the company's record in situations requiring trust and candour, and the records of individuals who control the licence or hold positions of authority within the company. Under subsection 91(2A) of the Act, ACMA may also refuse to renew a community broadcasting licence if, based on the matters outlined in subsection 84(2)(a) to (f), it believes that it would not allocate such a licence if it were initially deciding whether to grant the licence to the applicant. Importantly, the Act does not mandate ACMA to conduct an investigation or hearing to determine whether a community licence should be renewed, as specified in subsection 91(3). Should ACMA find that an applicant is not a suitable licensee, or if it decides not to renew a licence based on the criteria mentioned, the applicant may face the cessation of their broadcasting services. This outcome could have significant implications for the communities served by these broadcasters and the individuals or entities involved in the operation of these services. The determination of suitability and the decision to renew or not renew a licence are therefore critical, impacting the continuity of broadcasting services and the entities responsible for them.