Broadcasting

• Introduction
• What is a broadcasting licence?
• Broadcasting services bands
• Licensing options
  • Broadcast service station
    • Community, commercial and national services
    • Temporary community broadcasting licences
  • Narrowcasting service station
  • Narrowband area service station
  • High frequency (HF) broadcasting stations
    • HF overseas (IBL) service station
    • HF overseas service station
    • HF domestic service station
  • Spectrum use
  • International broadcasting licence (IBL)
  • Nominated broadcaster declaration
  • Provisional international broadcasting certificate
• Licence conditions
  • Licence conditions determinations
  • Special conditions
  • Advisory notes
• Callsigns
• Duration
• Applying for an apparatus licence
• Fees
  • Licence fee exemptions and concessions
• Transfers of apparatus licences
• Third party operation
• Further information

Introduction

This information paper provides details of the licensing arrangements applicable to the broadcasting licence type.

Regulatory regimes administered by the ACMA under the Broadcasting Services Act 1992 (the BSA) and the Radiocommunications Act 1992 (the Radcomm Act) have a direct impact on broadcasting services using the radiofrequency spectrum as a means of delivery.

Under the BSA, the ACMA plans the broadcasting services bands for community, commercial and national radio and television services. As well as planning the broadcasting services bands (AM and FM radio and VHF and UHF television) the ACMA is responsible for regulating the broadcasting industry, including licensing, programming and ownership and control of broadcasting services.

Under the Radcomm Act, the ACMA is responsible for regulating the use of the radiofrequency spectrum in Australia. The operation of all radiocommunications transmitters, including broadcasting transmitters, in Australia must be authorised by a licence issued under the Radcomm Act.

What is a broadcasting licence?

The operation of transmitters used for broadcasting is authorised under the broadcasting licence type. That is, a broadcasting licence is issued to authorise one or more transmitters that are operated for the purposes of delivering, by means other than by satellite, television programs or radio programs to persons having commonly available equipment to receive the service. Such licences may also authorise engineering tests for stations intended to be used to broadcast television or radio programs.

Broadcasting licences are issued to authorise one or more stations that:

1. are operated for the purpose of delivering, by means other than by satellite, television programs or radio programs to persons having equipment appropriate for receiving the service, if the service is not:

2. may be operated for engineering tests if each station is intended to be used for the purpose of transmitting a service which paragraph (a) applies.

The broadcasting licence type is defined in the Radiocommunications (Interpretation) Determination 2000.

Broadcasting services bands

Stations authorised under broadcasting licences may operate in the broadcasting service bands or, subject to certain conditions, outside the broadcasting services bands.

The broadcasting services bands are:

Licensing options

Within the Broadcasting licence type, six licensing options are available:

• Broadcast service station;
• Narrowcasting service station;
• Narrowband area service station;
• HF domestic service station;
• HF overseas service station; and
• HF overseas (IBL) service station.

Broadcast service station

Community, commercial and national services

Broadcasting licences authorise broadcast service stations (that is community, commercial or national broadcasting services) to transmit in the radiofrequency spectrum. Community, commercial and national broadcasting services are defined in the BSA and operate in the broadcasting services bands. If such services do not operate in the broadcasting services bands, they would probably operate under a broadcasting licence authorising narrowband area service stations.

Under the BSA, the ACMA plans and regulates community, commercial and national radio and television services in the broadcasting services bands. Under the Radcomm Act, the ACMA assigns spectrum to those broadcasting services that operate outside the broadcasting services bands. Irrespective of the bands in which they intend to operate (or whether they use cable or satellite as a means of delivery, for that matter) community and commercial radio and television services must have a broadcasting services licence from the ACMA before beginning transmission.

National broadcasting services are Australian Broadcasting Corporation (ABC) radio and television services, Special Broadcasting Service (SBS) radio and television services and the Parliamentary and News Network of the Australian Broadcasting Corporation. New national services transmission facilities are established by Broadcast Australia in accordance with the Government's priorities. Broadcast Australia also maintains and operates established transmission facilities for national services.

Relevant frequency assignments are printed on the licence.

Temporary community broadcasting licences

Under the BSA, the ACMA is able to allocate temporary community broadcasting licences (TCBLs) in the broadcasting services bands.

TCBLs allow for a flexible temporary licensing regime that, where spectrum is available, should include greater access to broadcasting air-time for most aspirant community broadcasters.

In addition to the TCBL issued under the BSA, a broadcasting licence authorising a broadcast service station, issued under the Radcomm Act, is required. TCBLs may be granted for a period up to 12 months.

Relevant frequency assignments are printed on the licence.

Narrowcasting service station

Broadcasting licences authorise narrowcasting service stations to transmit an open narrowcasting service or subscription narrowcasting service as defined in the BSA. These services operate in the broadcasting services bands.

Licences for higher power open and subscription narrowcasting services are usually granted by the ACMA following a price-based allocation (or auction).

Broadcasting licences authorising low power open narrowcasting (LPON) services are issued by the ACMA for operation within the FM radio sub-band 87.5 - 88.0 MHz. Broadcasting licences authorising these narrowcasting service stations are allocated using a price-based allocation process.

Relevant frequency assignments are printed on the licence.

Narrowband area service station

Broadcasting licences authorise narrowband area service (NAS) stations to transmit one-way radio transmission to at least four NAS receivers and use a bandwidth not exceeding 4 MHz. These services operate outside the broadcasting services bands.

Broadcasting licences authorising NAS stations outside the broadcasting services bands are allocated by the ACMA on a first-come, first-served basis.

Relevant frequency assignments are printed on the licence.

New limitations have been placed on NAS station licences and they are detailed in the narrowband area service stations information paper.

High frequency (HF) broadcasting stations

HF broadcasting describes the operation of broadcasting services designed to provide either a domestic service within Australia and its territories, or an overseas service, in the HF bands.

In December 2000, the Radcomm Act and the BSA, were amended to enable non-national broadcasters to provide an HF broadcasting service. The legislative changes were specifically designed so that HF international broadcasters should undergo a vetting process involving both the ACMA and the Minister for Foreign Affairs. The successful outcome of this vetting process would be an international broadcasting licence (IBL) issued under the BSA.

The ACMA has developed three licensing options in the broadcasting licence type to accommodate HF broadcasting.

HF overseas (IBL) service station

This broadcasting licensing option accommodates the operation, in the frequency range 5.9 MHz to 26.1 MHz, of HF overseas (IBL) service station(s), operated by non-national broadcasters for the purpose of providing international broadcasting services. An international broadcasting licence (IBL) must be in force authorising the operation of the international broadcasting service.

HF overseas service station

This broadcasting licensing option accommodates the operation of HF overseas service station(s) in the frequency range 5.9 MHz to 26.1 MHz for the purpose of providing broadcasting services to overseas locations.

This licensing option is used only to authorise HF overseas service station(s) operated by national broadcasting services (that is, the ABC and the SBS) and other 'exempt broadcasting' services (as defined in the BSA). Holding an IBL is not a requirement of this licensing option.

HF domestic service station

This broadcasting licensing option accommodates the operation of HF domestic service station(s) in the frequency range 2.3 MHz to 26.1 MHz, within Australia and its territories.

An IBL may be required if the broadcasting service is targeted to a significant extent to audiences outside Australia. That would require the potential licensee to be also licensed under the appropriate overseas licensing option.

Spectrum use

International high frequency broadcasting uses the frequency range 5.9 MHz to 26.1 MHz (see Table 1). Frequency assignment within this frequency range is subject to the provision of Article S12 of the International Telecommunication Union (ITU) Radio Regulations. In addition, assignments in bands shared with non-broadcasting services must be coordinated by the ACMA.

Table 1 - Bands that may be used for HF international broadcasting 

For more detailed information see the Australian Radiofrequency Spectrum Plan.

Domestic HF broadcasting services may, in addition, use the frequency range indicated in Table 2. Services operating in these bands are not subject to Article S12 of the ITU Radio Regulations, although they are subject to frequency coordination by the ACMA.

Table 2 - Bands that may be used for HF domestic broadcasting

International broadcasting licence (IBL)

Broadcasters must hold an IBL in respect of each international broadcasting service, before the relevant transmitter licence (apparatus licence) will be issued.

Applications for IBLs must be made to the ACMA.

Nominated broadcaster declarations

Nominated broadcaster declarations may be issued by the ACMA. The issue of a nominated broadcaster declaration, provides that, in circumstances where IBLs and the associated apparatus licences are held by different persons, the holder of the apparatus licence, for the purposes of the Radcomm Act, is taken not to be the provider of the international broadcasting service and the holder of the IBL is taken not to operate the transmitter.

The content provider will still need to obtain an IBL prior to the ACMA issuing the related apparatus licence.

Applications for a nominated broadcaster declaration must be made to the ACMA.

Provisional international broadcasting certificates

Provisional international broadcasting certificates may be issued by the ACMA to persons proposing to make an application for a transmitter licence authorising the operation of a radiocommunications transmitter for the purpose of transmitting an international broadcasting service.

Provisional international broadcasting certificates are intended to provide the applicant for an international broadcasting transmitter licence some certainty of obtaining a transmitter licence for an international broadcasting service, once all the necessary conditions have been fulfilled.

A provisional international broadcasting certificate remains in force for 240 days from the date of issue.

Provisional international broadcasting certificates will, in accordance with section 131AF of the Radcomm Act, state that the ACMA will be disposed to issue a transmitter licence for an international broadcasting service, if the following conditions are satisfied:

1. the applicant applies for the transmitter licence when the certificate is in force and
2. at the time when the application for the transmitter licence is made:
   1. there is in force an international broadcasting licence that authorises the provision of the international broadcasting service concerned and
   2. spectrum is available for use for the provision of that service and
3. such other conditions (if any) as are specified in the certificate.

Licence conditions

The operation of radiocommunications equipment authorised by a broadcasting licence is subject to:

• conditions specified in the Radcomm Act, including an obligation to comply with the Act
• a condition that any radiocommunication device operated under the licence must comply with all the standards applicable to it
• conditions specified in the Radiocommunications Licence Condition (Apparatus Licence) Determination 2003 and any other determinations made by the ACMA under section 107(1)(f) of the Radcomm Act
• in respect of TCBLs, conditions specified in a determination made by the ACMA under section 108A of the Radcomm Act
• conditions specified in the licence and
• any further conditions imposed by the ACMA under section 111 of the Radcomm Act. Generally, conditions are applied to licences to enable users to communicate effectively with a minimum of interference. All conditions relating to a licence must be complied with.

Licensees are also required to comply with the provisions of the BSA. The technical planning guidelines and licence conditions relating to program standards, codes of practice and advertisements are administered by the ACMA under the BSA.

Licence conditions determinations

The ACMA may determine, by written instrument, conditions relating to apparatus licences. These conditions are known as licence conditions determinations (LCDs).

The Radiocommunications Licence Condition (Apparatus Licence) Determination 2003 (the Apparatus LCD) contains conditions of licence that are common to all apparatus licences issued under sections 100 or 100B of the Radcomm Act. On 1 March 2003, the Apparatus LCD came into effect and applies to national, narrowcasting (including LPON services), and NAS services operating under broadcasting licences. The Apparatus LCD:

• provides that a licensee may only operate a radiocommunications transmitter under certain circumstances
• restricts the exposure of the general public to electromagnetic radiation (EMR) from radiocommunications transmitters to a level below recognised exposure limits and
• requires a licensee, in certain circumstances, to demonstrate to the ACMA that EMR from radiocommunications transmitters operated by the licensee does not expose the general public above recognised exposure limits.

Licensees of community and commercial broadcasting services must comply with Section 4 of Part 1 and Parts 2, 3 and 4 of the Apparatus LCD as required in a special condition on their apparatus licences issued under sections 102 and 102A of the Radcomm Act. In addition, conditions applicable to national, narrowcasting and NAS services operating under broadcasting licences (including LPON services) are contained in the Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998 (the Broadcasting LCD). The Broadcasting LCD includes conditions relating to the types of use, interference provisions and associated technical restrictions such as modulation, power and bandwidth.

Licensees of community and commercial broadcasting services must comply with Parts 1 and 2 of the Broadcasting LCD as required in a special condition on their apparatus licences, issued under sections 102 or 102A of the Radcomm Act.

The conditions applicable to temporary community broadcasting licences are contained in the Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2003 (the TCBL LCD). The TCBL LCD:

• provides that a licensee may only operate a radiocommunications transmitter under certain circumstances
• restricts the exposure of the general public to EMR from radiocommunications transmitters to a level below recognised exposure limits and
• requires a licensee, in certain circumstances, to demonstrate to the ACMA that EMR from radiocommunications transmitters operated by the licensee does not expose the general public above recognised exposure limits.

In addition, advisory notes are automatically attached to licences where a LCD is in force. The note references the applicable LCDs.

The licence conditions, imposed through the relevant LCD, may change from time to time. Licensees should ensure that they have informed themselves of the current conditions imposed by the ACMA.

Special conditions

Any other conditions of operation which apply to individual licences but are not included in the LCD, will be printed on the licence under the heading 'Special Conditions'.

An accredited person may ask the ACMA to impose one or more special conditions on the licence according to the circumstances in which the frequency assignments for the licence are made.

Advisory notes

Advisory notes, providing information that may be of interest to a licensee, will be printed on the licence under the heading 'Advisory Notes'.

An accredited person may ask the ACMA to impose one or more advisory notes on the licence according to the circumstances in which the frequency assignments for the licence are made.

Callsigns

Callsigns are a unique series of letters and/or numbers allocated to a radiocommunications user to identify a station. Broadcasting station callsigns are issued by the ACMA.

Duration

While it is possible for apparatus licences to be issued for any period from one day up to five years, licences for many broadcasting services in the broadcasting services bands cannot be issued to a date that extends beyond the date for which the spectrum has been made available by the ACMA. This particularly affects narrowcasting service stations. A broadcasting licence authorising a narrowcasting service station may only operate while spectrum is made available to it by the ACMA under section 34 of the BSA.

Broadcast licences authorising broadcast service stations for the transmission of community and commercial radio and television services are only in effect while the broadcasting service licence, issued under the BSA, is in effect.

Applying for an apparatus licence

Applications for an apparatus licence may be made to Radiocommunications Licensing and Telecommunications Deployment, ACMA, Canberra. Applicants should complete the ACMA form Application for apparatus licence(s) (R057). If frequency assignments are required with this licence, the frequency coordination work may be performed either by the ACMA or an accredited person.

If the work is to be done by the ACMA a form Application for Additional Station Information (R077) should also be submitted with the licence application.

Alternatively if you wish to use the services of an accredited person you should refer to the List of Accredited Persons for contact details. An accredited person will issue you with a frequency assignment certificate and this should be submitted with the licence application to the ACMA. Accredited persons are not employed by the ACMA, nor is the ACMA responsible for the work of accredited persons.

More information about Accreditation can be found on the ACMA website.

Fees

Spectrum is a valuable resource. Fees are intended to ensure a fair return to the Commonwealth for the private use of this valuable public resource. Licence fees are set having regard to spectrum location, geographical location, amount of spectrum occupied and coverage area authorised by the licence.

Detailed information about fees is provided in the Apparatus Licence Fee Schedule booklet.

Licence fee exemptions and concessions

Individuals and organisations may be eligible for an exemption or concession from the payment of licence fees. For further information see Licence Fee Exemptions and Concessions.

Transfers of apparatus licences

Apparatus licences may be transferred. Applicants wishing to transfer an apparatus licence should complete and submit to the ACMA, the form Application for Transfer of Apparatus Licence(s) (R060). Both the transferer and the transferee must sign the transfer form. Applicants are required to pay a transfer charge to cover the ACMA's administrative expenses.

There are a number of limitations on the transfer of apparatus licences.  The Radiocommunications (Transfer of Apparatus Licences) Determination 2000 specifies these limitations.

Where an apparatus licence has been issued authorising the transmission of an international broadcasting service, the licence cannot be transferred except to a person where there is in force a current IBL in relation to the proposed international broadcasting service.

Where an apparatus licence has been issued to the ABC or the SBS, authorising the transmission of a HF overseas service station, in the frequency range 2.3 MHz to 26.1 MHz, the licence cannot be transferred except to the ABC or the SBS.

Where an apparatus licence has been issued to an exempt broadcasting service, authorising the transmission of a HF Overseas Service station, the licence cannot be transferred except to a similarly exempt broadcasting service.

A device authorised by the transferred licence is still required to operate under the same technical conditions (including transmission site) specified on that licence.

Third party operation

Licensees may authorise, by written instrument, other persons to operate radiocommunications devices under the apparatus licences. These are known as third party authorisations.

There are a number of limitations on third party authorisations. The Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000 specifies these limitations.

A person authorised to use a radiocommunications device under a third party authorisation is subject to all of the conditions applicable to that device under the licence.

Further information

If you have any additional queries relating to this, or any, licence type, please contact Radiocommunications Licensing and Telecommunications Deployment.

Further information about operation in the broadcasting services bands, callsigns for broadcasting stations, program content of broadcasting services and broadcasting matters generally is available.

If you have any queries about reception of national broadcasting services, please contact Broadcast Australia on (02) 6256 8000.

If you have any queries about national radio or television programs, please contact the ABC or the SBS.

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