15 February 2006
ACMA seeks comments on proposed guidelines for narrowcasting television services
The Australian Communications and Media Authority is seeking comments on its proposed guidelines regarding the types of services that may be provided as narrowcasting television services under the Broadcasting Services Act 1992.
‘Narrowcast television has significant potential to offer Australian audiences a broader choice of digital niche television programming,’ said Chris Chapman, ACMA Chairman.
‘Once finalised, these guidelines will assist those who are contemplating providing narrowcasting television services on the two new digital channels, Channel A and Channel B, as well as those who wish to provide such services on other platforms’.
The draft guidelines are set out in a paper entitled, Narrowcasting services on television – Guidelines and information about open narrowcasting television and subscription television narrowcasting services (PDF 904 kb), released today.
Narrowcasting services are broadcasting services that have a more targeted audience than a commercial broadcasting service , such as by being pitched to a special interest group or by providing programs that appeal to a niche audience. The paper sets out ACMA’s proposed approach to deciding whether a broadcasting service falls into a narrowcasting category.
Prospective providers of narrowcasting television services are also strongly encouraged to seek a binding opinion from ACMA under section 21 of the Broadcasting Services Act 1992, on the category into which their proposed service falls. Such opinions can be sought from ACMA at any time and, once given, remain valid for a minimum of five years. Information on how to apply for a section 21 opinion is available on the ACMA website.
The paper containing the proposed guidelines is available on the ACMA website. The closing date for submissions is 9 March 2007. Instructions as to how to make submissions are provided in the paper containing the proposed guidelines. A Fact Sheet entitled Media reform – guidelines for narrowcasting television services (PDF 63 kb) is also available on the ACMA website.
Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.
Backgrounder
Categories of broadcasting services are defined in the Broadcasting Services Act 1992 (the Act). The definitions of subscription narrowcasting and open narrowcasting services are provided in sections 17 and 18. The provisions indicate that the defining characteristic of narrowcasting services is that their reception is limited in some way. In the case of open narrowcasting services, subsection 18(1) of the Act provides that reception may be limited:
- by being targeted to special interest groups; or
- by being intended only for limited locations, for example, arenas or business premises; or
- by being provided during a limited period or to cover a special event; or
- because they provide programs which are of limited appeal; or
- for some other reason.
A subscription narrowcasting service must be limited for one of the above reasons and satisfy the additional criterion that it is made available only upon the payment of a subscription fee.
There are legal penalties for providing broadcasting services without the appropriate licence.
Under section 21 of the Act, a person may apply to ACMA for an opinion about the category into which a service or proposed service falls. ACMA must consider certain matters set out in section 22 of the Act when providing such an opinion. These include the audience to which the service is targeted and the nature of the programs to be provided on the service.
ACMA has 45 days from the receipt of a valid and complete application to provide its opinion. An opinion is effective for a minimum of five years if the service remains substantially the same as that described in the application, or in additional information supplied further to the application.
In October 2006, Federal Parliament passed legislation to allow the allocation of spectrum for two new national digital television services – known as Channel A and Channel B. Channel A will be able to be used for free-to-air datacasting, narrowcasting and community television that can be received on a standard digital television receiver. Channel B can be used for a wider range of services, including mobile television. Neither channel can be used to provide a commercial broadcasting service or subscription television service that can be received by a domestic digital television receiver. ACMA released a consultation paper in December 2006 seeking comments on the technical, licensing and allocation arrangements for Channel A and Channel B. Submissions on that consultation paper closed on 5 February 2007.