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

Administered by Department of Communications and the Arts

Legislation au C2019G00931 In force Gazette

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Opinion on Category of Broadcasting Service

Pursuant to section 21 of the Broadcasting Services Act 1992

 

Name of service

SEN SA

Applicant

Crocmedia Pty Ltd

Application date

Application received 14 December 2018

Additional information received 25 January 2019

Service category nominated by applicant

Open narrowcasting service

Service category determined

Commercial broadcasting service

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

 

 

Dated: 8th March 2019

Australian Communications and Media Authority

 

 

 

[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.

Overview

The Broadcasting Services Act 1992 was enacted to establish a regulatory framework governing the provision of broadcasting services in Australia, aiming to address issues related to content regulation, classification, and the allocation of broadcasting services. The Act was enacted by the Australian Parliament with the policy objective of ensuring that broadcasting services are managed in a manner that protects and promotes the public interest. Under section 21 of the Act, the Australian Communications and Media Authority (ACMA) was tasked with providing opinions on the classification of proposed broadcasting services. This process ensures that services are correctly categorised, which in turn informs the regulatory approach taken by ACMA and other government agencies. The ACMA’s opinion on the classification of a proposed broadcasting service, such as SEN SA by Crocmedia Pty Ltd, is based on the information provided by the applicant and the criteria set out in the Act, ensuring that the service is appropriately regulated according to its intended audience and content.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide broadcasting services within Australia, and it governs the classification, regulation, and licensing of these services. This Act extends to all forms of broadcasting, including radio and television, and applies nationally across the Commonwealth of Australia, as well as in the states and territories. The Act provides for the classification of broadcasting services into different categories such as commercial, community, or subscription television services, and it outlines the criteria for determining these categories. The Act also allows for the Australian Communications and Media Authority (ACMA) to provide opinions on the classification of proposed services, as demonstrated in the case of Crocmedia Pty Ltd's application for an opinion on the classification of its proposed SEN SA service. The ACMA determined that the proposed service, which features sports talkback programs, live sports broadcasts, and news and weather bulletins, falls into the commercial broadcasting category. The Act does not specify exclusions or exemptions but allows for the extension of its application through subordinate instruments, which provide detailed rules and regulations for specific aspects of broadcasting services.

Key Provisions

The Broadcasting Services Act 1992, specifically sections 21 and 22, provide the framework for the Australian Communications and Media Authority (ACMA) to assess and determine the category of a proposed broadcasting service. Under section 21, a service provider can request an opinion from the ACMA as to which category their proposed service falls into, which can be either a commercial broadcasting service or a non-commercial broadcasting service. This opinion is based on the service's content, its availability to the public, its funding mechanisms, and its commercial nature. Section 22 outlines the criteria that the ACMA uses to form this opinion, focusing on the service's intended audience and the nature of its programming. The obligations imposed on parties applying for such an opinion include submitting detailed information about the proposed service, including its content, audience targeting, and funding sources. The applicant must provide this information to the ACMA, which will then assess whether the service meets the criteria for either a commercial or non-commercial broadcasting service. The ACMA's assessment is comprehensive, taking into account the programming elements, the potential audience reach, and the service's commercial intent and operations. This process ensures that the service aligns with the regulatory definitions provided in the Act. The Act does not explicitly state offences, penalties, or specific civil/criminal consequences for incorrectly categorising a broadcasting service. However, the ACMA's opinion carries significant implications. If the ACMA determines that a service falls into the wrong category and subsequent actions are taken against the provider based on this incorrect opinion, the provider may have grounds to challenge the decision. The statutory protection under subsection 21(5) prevents the ACMA or any other government agency from taking action against the provider for five years if the circumstances remain unchanged. After this period, such action can only be taken if there is a determination or clarification under section 19 that places the service in a different category.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.