Notice of Application for Renewal of Licence Under Subsection 90(2) of the Broadcasting Services Act 1992 - October 2021

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to regulate broadcasting services across Australia, ensuring that they comply with national standards and contribute to a diverse and vibrant media landscape. The Act established the framework for the licensing and regulation of broadcasting services, including radio and television, and the Australian Communications and Media Authority (ACMA) was tasked with administering this framework. The primary policy objective of the Act is to promote the availability of a diverse range of broadcasting services that cater to the interests and needs of the Australian public, while also protecting freedom of expression and ensuring fair competition in the industry. In October 2021, the ACMA issued a notice of application for the renewal of broadcasting service licences under subsection 90(2) of the Broadcasting Services Act 1992. This notice informs the public that certain community radio licensees, such as the Community Radio Coraki Association Incorporated and Wangki Yupurnanupurru Aboriginal Corporation, have submitted applications for the renewal of their respective licences. The renewal process ensures that these broadcasters continue to provide valuable community-focused content while adhering to the regulatory requirements set out in the Act.

Scope and Application

The Broadcasting Services Act 1992 governs the licensing and regulation of broadcasting services in Australia, applying to entities that provide broadcasting services, including commercial, community, and subscription television services. Specifically, the Act applies to both the providers of these services and the Australian Communications and Media Authority (ACMA), which is responsible for the administration and enforcement of the Act. The Act operates on a national level, covering all states and territories of Australia, thereby ensuring a uniform regulatory framework across the country. The Act's jurisdiction encompasses a broad spectrum of activities including the provision, content, and quality of broadcasting services, and it includes provisions for the renewal of broadcasting service licences as stipulated in subsection 90(2). The Act does not apply to non-broadcasting services such as telecommunications services. The renewal process for broadcasting service licences, as evidenced by the recent applications from Community Radio Coraki Association Incorporated and Wangki Yupurnanupurru Aboriginal Corporation, is a key component of the ongoing regulatory oversight provided by ACMA.

Key Provisions

The Broadcasting Services Act 1992 (the Act) mandates that the Australian Communications and Media Authority (ACMA) must provide public notice of applications for the renewal of broadcasting service licences under subsection 90(2). This requirement is aimed at ensuring transparency and public awareness regarding the entities seeking to renew their broadcasting licences. Specifically, in this case, the notice informs the public that the Community Radio Coraki Association Incorporated and Wangki Yupurnanupurru Aboriginal Corporation have applied for the renewal of their respective community radio broadcasting service licences in the areas of CORAKI RA1 in New South Wales and FITZROY CROSSING RA1 in Western Australia (subsection 90(2)). Under the Act, the primary obligation on the entities applying for licence renewal is to submit their applications to the ACMA. These applications must include all necessary documentation and information required by the ACMA to assess the suitability of the applicants to continue operating their broadcasting services. This includes providing details on the community service provided, compliance with broadcasting standards, and any relevant financial and operational records (subsection 90(1)). The Act ensures that the ACMA has the information it needs to determine whether the applicants meet the criteria for licence renewal. Breaches of the provisions under the Broadcasting Services Act 1992 can lead to serious consequences. While the specific details of these consequences are not outlined in the notice, generally, the Act allows for the imposition of fines, the revocation of broadcasting licences, or other regulatory actions against entities that fail to comply with its requirements. For instance, failure to submit a complete and accurate application for licence renewal could result in the rejection of the application, preventing the entity from continuing their broadcasting services. Additionally, if an entity is found to have breached broadcasting standards or other regulatory requirements, the ACMA may impose penalties, including substantial fines and, in severe cases, the suspension or revocation of the broadcasting licence. The maximum penalties for such breaches are determined based on the severity and nature of the offence, with potential fines reaching up to several thousand Australian dollars, as stipulated in other sections of the Act.