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

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth of Australia Parliament, addresses the need for regulation in the broadcasting sector to ensure compliance with national standards and the protection of public interest. This legislation establishes the framework for the licensing of broadcasting services, ensuring that both commercial and community broadcasters adhere to specific conditions that safeguard the quality and integrity of broadcasting content. The Act was introduced to address the gaps in broadcasting regulation and to provide a structured approach to managing broadcasting services to prevent breaches and offences that could undermine public trust. The Australian Communications and Media Authority (ACMA) is tasked with overseeing the licensing process, including the renewal of broadcasting service licences, and ensuring that broadcasters remain suitable to operate within the regulatory environment. The policy objective of the Act is to maintain a reliable and responsible broadcasting sector that serves the public interest effectively.

Scope and Application

The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services within Australia, including both commercial and community broadcasters. The Act governs the licensing of these services and sets out the criteria for suitability, including considerations such as the business record, trustworthiness, and compliance history of the applicant. The Australian Communications and Media Authority (ACMA) is responsible for managing the renewal of these licences and can refuse to renew a licence if it determines that the applicant is no longer suitable based on the outlined criteria. The Act also provides for specific considerations when assessing community broadcasting licence renewals, though it does not mandate formal investigations or hearings for these decisions. The ACMA’s decisions on licence renewals are influenced by the broader regulatory framework and any relevant subordinate instruments that may extend or modify the application of the Act.

Key Provisions

The Broadcasting Services Act 1992 (the Act) contains provisions for the renewal of broadcasting service licences, including community radio licences (section 90(2)). This notice from the Australian Communications and Media Authority (ACMA) informs that certain community radio companies have applied for the renewal of their broadcasting licences. These companies include Eden Community Radio Inc., Community Radio Melbourne Pty Ltd, Shoalhaven Community Radio Inc., Narrabri Shire Community Radio Inc., and The University of Newcastle. The ACMA must renew these licences unless it determines that an applicant is no longer a suitable licensee under sub-section 83(2) of the Act. This determination hinges on whether allowing the licensee to continue broadcasting would result in a significant risk of committing an offence against the Act or the regulations, or breaching the conditions of the licence. To decide if a licensee is suitable, the ACMA must consider several factors, including the business record of the company, its record in situations requiring trust and candour, and the records of individuals who control or are significant to the company (sub-section 83(3)). For commercial broadcasters, this includes the business record of anyone who would control the licence; for community broadcasters, it includes the chief executive and each director and secretary of the applicant. Additionally, the ACMA considers whether any of these individuals have been convicted of offences under the Act or the regulations. The ACMA may also refuse to renew a community broadcasting licence if it would not have allocated the licence initially based on specific criteria outlined in sub-section 84(2)(a) to (f) of the Act. In accordance with sub-section 91(2A) of the Act, the ACMA has the authority to refuse the renewal of a community broadcasting licence under certain circumstances, aligning with the criteria it would use when initially deciding to allocate a licence. However, it is important to note that the Act does not mandate the ACMA to conduct an investigation or hold a hearing specifically for the renewal of a community broadcasting licence (sub-section 91(3)). This means the renewal process does not necessarily involve a formal inquiry unless the ACMA deems it necessary based on the information provided in the application. The Act imposes several obligations on the ACMA regarding the renewal of broadcasting service licences. Primarily, it requires the ACMA to renew the licences unless it finds that the applicant is unsuitable based on the criteria mentioned. The ACMA must assess the business and personal records of the applicants and any individuals in a controlling position. If the ACMA finds grounds to believe that the continuation of broadcasting would lead to a significant risk of legal violations or breaches, it can refuse to renew the licence. Furthermore, the ACMA must ensure that its decision aligns with the criteria it would use in the initial allocation of a licence. There is no requirement for formal investigations or hearings in most cases, simplifying the renewal process. However, the ACMA retains the discretion to initiate such processes if deemed necessary.