Opinion on Category of Broadcasting Service pursuant to section 21 of the Broadcasting Services Act 1992 - Crocmedia Pty Ltd

Opinion on Category of Broadcasting Service

Pursuant to section 21 of the Broadcasting Services Act 1992

Crocmedia Pty Ltd (the Applicant) has applied to the Australian Communications and Media Authority (ACMA) under section 21 of the Broadcasting Services Act 1992 (the Act) for an opinion as to which category of broadcasting service a proposed radio service falls into (the Application).

The Applicant has submitted that the proposed service is an open narrowcasting service.

In forming its opinion, the ACMA has taken into account information provided by the Applicant in the Application received by the ACMA on 14 December 2018, and additional information received from the Applicant on 25 January 2019 in response to the ACMA’s request under subsection 21(3) of the Act.

The ACMA has assessed the information having regard to the matters set out in section 22 of the Act, and the relevant service category criteria set out in the provisions of Part 2 of the Act. 

Proposed Service

The proposed service, SEN SA (the Service), would:

• be provided using the 1629 AM medium frequency narrowband area service (MF NAS[1]) band in Adelaide;
• not be encrypted;
• operate permanently and on a continuous basis, for 168 hours per week;
• focus on the broadcast of hosted sports talkback programs, live sport broadcasts and news and weather bulletins. Content would also include advertisements, station announcements and promotions;
• would include hosted talkback sports programs across the day, with differing hosts and presenters. The discussion and topics canvassed by these hosted talkback programs would be focused on general topical sporting events and news that were the subject of more widespread media commentary and analysis. These programs would also feature listener interactions and feedback and other elements such as quizzes and competitions;
• would also provide hosted talkback programs focused on specific sports topics including NFL, greyhound racing, mental health (from a sportsperson’s perspective), VFL, lawn bowls, tennis, AFL team selection, fishing, horseracing, golf and motor sports;
• regularly feature live broadcasts of sporting events such as the Australian Open (tennis), A-League (a professional men's soccer league run by Football Federation Australia), NRL (professional men's rugby league), Cricket Test Matches, Big Bash Matches (Australian professional men’s Twenty20 cricket league, run by Cricket Australia), Women’s AFL (Australian Rules Football league for female players run by the AFL), NBL (professional men's basketball league in Australia and New Zealand), NBA (a professional men’s basketball league in North America) and NFL (a professional men’s American football (grid-iron) league);
• the programming of the Service would include regular news and weather bulletins, comprising 25 minutes out of each 24-hour programming cycle; and
• not include music, traffic reports or current affairs programs.

Category of Broadcasting Service

On the basis that the proposed Service operates in accordance with the details provided to the ACMA in the Application, and in the additional information supplied by the Applicant, it is the opinion of the ACMA that the proposed Service falls into the commercial broadcasting category of service, as defined by section 14 of the Act.

Criteria in subsection 14(1) of the Act

The ACMA considers that the Service would:

• provide programs that, when considered in the context of the service being provided, appear to be intended to appeal to the general public [subparagraph 14(1)(a)]

The Applicant described the Service as providing programs of limited appeal because it would be a service with a sole ‘sports focus’ and targeted to a special interest group.

Having regard to the proposed programming elements of the Service as a whole, the ACMA considers that the programming appears to be intended to appeal to the general public. The Service would broadcast live radio coverage of many sports that appeal to the general public. The variation in hosted talkback programs across the day, with differing hosts and presenters, would interest a broad audience. The Service’s access to a diverse range of high-profile interviewees, who have the ability to provide a unique insight into recent and upcoming events on and off sporting fields, would be of broad appeal.

The hosted talkback programs provided by the Service would also feature other elements such as quizzes and competitions, which are program components that would commonly be found in services of general appeal.

Overall, the programs proposed for broadcast would be of general appeal to persons who are generally interested in sport, and do not rely on the audience being individuals who necessarily maintain an extreme interest in sport.

• provide programs that are able to be received by commonly available equipment and are made available free to the general public [paragraph 14(1)(b)]

The Service would be able to be received by commonly available equipment and the Service would be made available free to the general public.  

• usually be funded by advertising revenue [paragraph 14(1)(c)]

The Applicant stated in its Application that the Service would carry paid advertisements. The ACMA considers that it would usually be funded by advertising revenue.

• be operated for profit or as part of a profit‑making enterprise [paragraph 14(1)(d)]

The Applicant stated in its Application that the Service would be operated as part of a profit-making enterprise.

There are no relevant determinations or clarifications under section 19 of the Act in relation to commercial broadcasting services [paragraph 14(1)(e)].

Duration of Opinion

Subsection 21(5) of the Act provides that, if the ACMA has given an opinion under section 21 to the provider of a broadcasting service, neither the ACMA nor any other Government agency may, while the circumstances relating to the broadcasting service remain substantially the same as those advised to the ACMA in relation to the application for the opinion:

(a)     take any action against the provider of the service during a period of 5 years commencing on the day on which the opinion is given on the basis that the service falls into a different category, or different categories, of broadcasting service than that advised in the opinion; or

(b)     unless the ACMA has made a determination or clarification under section 19 of the Act after the opinion was given that places the broadcasting service in a different category or different categories - take any action against the provider of the service after the end of that period on the basis that the service falls into a different category, or different categories, of broadcasting service.

[signed]        [signed]

Nerida O’Loughlin                    Creina Chapman

Chair        Deputy Chair

[1] MF NAS is an acronym for a broadcasting apparatus licence authorising a medium frequency narrowband area service in the sub-band 1605.5 to 1705 kHz.