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Australian broadcasting - Report on structure of Australian broadcasting system and associated matters by F. J. Green - Report, dated 10 September 1976
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Parliamentary Paper No. 358/1976
The Parliament of the Commonwealth of Australia
A U S T R A L IA N B R O A D C A STIN G
A report on the structure of the Australian broadcasting system and associated matters
Postal and Telecommunications Department
September 1976
Presented by Command 9 November 1976
Ordered to be printed 18 November 1976
The Commonwealth Government Printer
Canberra 1977
© COMMONWEALTH OF AUSTRALIA 1976
Printed by Watson Ferguson & Co., Brisbane
Postal & Telecom m unications Departm ent
1 53 W alker Street
North Sydney 2060
P.0. Box 471 North Sydney 2060
Telephone 922 1 188 Telegraphic code: MEDIA Telex: MEDIA 25193
The Hon. Eric L. Robinson MP Minister for Post and Telecommunications and Minister Assisting the Treasurer Parliament House
CANBERRA 2600
My dear Minister
I refer to the Government's decision of 13 April 1976 arising from which you requested me to in quire into the Australian broadcasting system, with particular regard to the machinery and pro
cedures for the control, planning, licensing, regulation, funding and administration of the system.
I have now completed this Inquiry and I am pleased to present my Report to you.
Over six hundred submissions were received and many of these were of a particularly high standard.
In submitting my Report, I would like to acknowledge the interest shown and co-operation extended by many individuals, organisations, government departments and instrumentalities to the Department through the provision of these submissions, in subsequent dis cussions and in response to requests for additional
information.
incerely
EyJ. Green Secretary 10 September 1976
CONTENTS
Section Page
A INTRODUCTION 1
B HISTORICAL DEVELOPMENT OF BROADCASTING 7
POLICY
C THE PRESENT SYSTEM 13
D OBJECTIVES OF THE SYSTEM 25
E THE PROPOSED SYSTEM 43
F PLANNING AND DEVELOPMENT 51
G LICENSING 69
H REGULATION 83
I ENGINEERING ISSUES 95
J AUSTRALIAN BROADCASTING COMMISSION ISSUES
.. Composition of the Commission 113
.. Funding the Commission 117
.. Staffing the Commission 127
.. Radio Australia 135
.. Entrepreneurial Activities of the 137
Commission
K SYSTEM DEVELOPMENT POLICY ISSUES
.. Cable Television 139
.. Satellite Broadcasting Systems 143
.. VHP FM Broadcasting 145
.. UHF Television 153
L SUMMARY OF RECOMMENDATIONS 157
M LEGISLATION 173
N ISSUES FOR FUTURE CONSIDERATION 175
ATTACHMENTS
ATTACHMENTS
Att. No. Page
1. Organisations and Individuals who made A1
Submissions to the Inquiry
2. List of Reports of Previous Inquiries which A17 have been Considered by the Inquiry
3. Legislation and other Significant Events in the A21 Evolution of Broadcasting in Australia
4. Basic Information on the Grant of all Commercial A29 Licences and Population Served
5. Commercial Radio Stations in Operation on A39
30 June 1976 - Medium Frequency Services
6 . National Radio Stations in Operation on 30 June A45 1976 - Medium and High Frequency Services
7. National Radio Stations in Operation on 30 June A49 1976 - Frequency Modulation Services
8 . Radio Stations Licensed under the Wireless A51 Telegraphy Act 1905
9. Commercial Television Stations in Operation on A53 30 June 1976
10. National Television Stations in Operation on A57 30 June 1976
11. Commercial Television Translator Stations in A63 Operation on 30 June 1976
12. National Television Translator Stations in A69 Operation on 30 June 1976
13. Television Repeater Stations in Operation on A73 30 June 1976
14. The Australian Broadcasting System - Summary of A75 Present and Proposed Functions
15. Broadcasting Administration - Cost and Staffing Comparison of Existing and Proposed Systems A83
Att. No. Page
16. Proposed Initial Amendments to the Broadcasting A85 and Television Act 1942
17. Proposed Amendments to be taken into Consider- A97 ation in Drafting a Bill for a new Broadcasting Act to Replace the existing Broadcasting and Television Act 1942
18. Proposed Amendments to be taken into Consider- A129 ation in Drafting a Bill for a new Radio Frequency Management Act to Replace the existing Wireless Telegraphy Act 1905
19. Proposed Amendments to Related Legislation A137
20. Location of Statutory Bodies A139
Some Issues for Future Consideration 2 1 . A141
SECTION A: INTRODUCTION
Background of The Inquiry
1. Australia has always depended heavily on effective
systems of communication as a prerequisite for industrial and
resource development, for the collection and dissemination of
information, and for the expression of shared social and
cultural values. Without planned and well developed
communications systems Australia would literally cease to
function as a cohesive nation.
2. Like the rest of the industrialised world, Australia is
presently undergoing a revolution in communications. The speed
of personal movement has now been far outstripped by the speed with which ideas and information can be transmitted over long
distances, and into the homes and minds of people everywhere.
3. Since the electronic media reach audiences of such size,
with such influence on their opinions and their attitudes, as
well as significantly affecting their way of life, no Government can remain indifferent to them.
4. This Inquiry will examine how the people of Australia can best participate in and achieve a satisfactory degree of
collective control over broadcasting on the basis that such
participation is seen as a means of preserving and strengthening
the social, economic and political fabric of Australia.
5. The Australian broadcasting system has now been in existence for over 50 years. During that time it has been
necessary to make many structural, legislative and
administrative adjustments so that the system might respond to social and technological change.
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6 . The need to further improve and update the system has
again become apparent. On 13 April 1976, the Government decided
that:
(i) the Minister for Post and Telecommunications
direct his Department to inquire into the
Australian broadcasting system with particular
regard to the machinery and procedures for the
control, planning, licensing, regulation, funding
and administration of the system;
(ii) the Inquiry give particular attention to the
structure, powers and functions of the Australian
Broadcasting Control Board, the Australian
Broadcasting Commission and other relevant bodies
and their inter-relationships including their relationship to the Public Service Board; and
(iii) the Department invite and take account of
submissions from Commonwealth Departments and
authorities and from the public, to be received
not later than 30 June 1976.
7. The Minister was also requested to bring to Cabinet a submission canvassing the future of the Australian broadcasting
system. The time scale set for this submission necessitated
completion of a Report on the Inquiry in less than five months from the date of the Government's decision, using existing
Departmental staff resources.
8 . After a press statement by the Minister, the Honourable
Eric L. Robinson, on 13 April 1976, all interested organisations
and members of the public were invited through press advertise ments and written invitations to make submissions to the Postal
and Telecommunications Department prior to 30 June 1976. It was also made clear that confidential representations would be accepted.
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Definition of "Broadcasting
9. For the purposes of the Inquiry the term "broadcasting"
is to be taken to refer to broadcast communications services in
which transmissions are intended for reception by the public.
These services may include sound transmissions, television and
other types of transmissions.
Submissions Received
10. 621 formal submissions were received by the Inquiry
from organisations involved in Australian broadcasting and from
other interested bodies and individuals. (Attachment 1)
11. In addition, the Inquiry received many letters,
petitions and other informal submissions commenting on various
issues associated with broadcasting.
12. The submissions reflect the views of a wide range of
organisations and members of the general public.
13. Copies of non confidential formal submissions have been
deposited with the National Library of Australia, the N.S.W.
State Library and the Victorian State Library, since mid July 1976.
Previous Inquiries
14. There have been many previous inquiries into the
Australian broadcasting system, but the last directed towards structure, machinery and procedures relevant to the whole system
was the Joint Committee on Wireless Broadcasting ("Gibson Committee") which reported in 1942. The present Inquiry has
also taken into account those further reports on specific
elements in the system which have been produced since that date. (Attachment 2)
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Issues to be Considered
15. Given the fact that most Australians now have available to them at least one radio and television service, it is clear
that future development of the system will be more consciously
directed to the achievement of social and cultural goals than it has been in the first fifty years. There will be increasing justification for dissent if, at this stage of our development,
we allow technology alone to determine our priorities. It is well recognised that a number of new services which are now
technically feasible may not be immediately compatible with our
social needs or economic capacity.
16. These factors point to the necessity for a much higher
level of public participation and involvement in those processes
of policy formulation, licensing, and regulation which play such a major part in shaping the system to meet the best interests of
the Australian people.
17. It is important to distinguish between two quite separate elements of the broadcasting system which are often confused:
(i) the structure of the control and operating
components of the system: and
(ii) the programs which constitute the output of
the system.
The structure of the system is properly a matter for the
Government because it is related to its overall communications policy and the need for government management of the radio frequency spectrum.
18. However, the regulation and administration of
programming is a totally different matter which should be seen to be removed from the direct influence of the Government. Many of
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the submissions received by the Inquiry drew attention to the
need for a restructuring of the system in a manner which would allow for a greater degree of industry self-regulation in
programming matters. The view taken in many of these sub
missions was that, inasmuch as government is involved in
programming, this involvement should be through independent statutory authorities, or by legislation which is open to scrutiny through the process of Parliamentary debate.
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SECTION B: HISTORICAL DEVELOPMENT OF BROADCASTING POLICY
The Constitutional Power
19. Section 51 of the Constitution provides that:
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to ...
(v) Postal, telegraphic, telephonic, and other like services:
In the seventy-five years since the Constitution came into
effect, technological developments in electronic communications
have required the High Court on several occasions to interpret
this "communications power". The Court's interpretation has
favoured Commonwealth rather than State control of broadcasting,
and both radio and television broadcasting have been held to be
within the power of the Commonwealth Government under Section
51(v). Cable television, community television aerial systems
and other electronic communications services such as telex,
picturegrams and mobile radio-telephone also fall within the
communications power.
Significant Events in Australian Broadcasting
20. Attachment 3 summarises legislative actions and other
events of significance in Australia's broadcasting history.
Departmental Control of Broadcasting (1901-1931)
21. The Wireless Telegraphy Act 1905 brought early
experiments in radio broadcasting under the control of the
Postmaster-General.
22. The Royal Commission on Wireless, 1927, recommended continuation of departmental control of broadcasting. It also
opposed the establishment of a national broadcasting corporation.
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When the Government decided, in 1928, to take over the A class
stations (i.e. those stations financed from receiver licence
fees, as distinct from B class stations financed by advertising
revenue) operation of the stations was made a function of the
Postmaster-General's Department. However, a government
department was regarded as an unsuitable vehicle for the
production of programs. The supply of programs was put out
to tender and a three year contract was awarded to the
Australian Broadcasting Company. It was at this stage that the
Government decided that B class stations would constitute a
commercial sector.
23. It can therefore be said that, for nearly thirty years
while broadcasting was in its infancy, successive governments
found departmental control a satisfactory means of exercising
the communications power. During this period, all radio
stations were licensed by the Postmaster-General under the
Wireless Telegraphy Act 1905 (W T Act). Receiver licence fees
were collected by his Department, which also allocated
frequencies and determined operating power.
24. During this period, a pattern was set for Australian
broadcasting which was to last for many years. Although the
origins of the national and commercial sectors were very
similar, at this stage the distinction between their roles was already clearly acknowledged. The national sector would be
government owned; it would have the most powerful transmitters
and the best frequencies; its programs would be nationally
oriented and transmitted through national and country relays; it
would cover small States and country areas where the population
density was insufficient to support stations dependent upon the
sale of advertising; and it would be financed from receiver
licence fees. The commercial sector, on the other hand, would
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be privately owned; it would have less powerful transmitters;
its programs would be locally oriented and so would its coverage;
and it would be financed from the sale of time to advertisers.
Development of the Dual System (1932-1948)
25. The 1930's brought great changes in radio, which soon
became a communications medium of major importance. As the Gibson Committee put it:
In its comparatively short history, broadcasting has progressed from the position of a novel source of enter tainment to the status of an essential public service.
Its influence on the lives of the people is now so far reaching that its control has become a problem of major national importance.
The commercial sector grew rapidly and Attachment 4 shows that
most of the commercial radio stations now broadcasting in Australia were licensed during that decade.
26. In 1932 the Government, adopting the model of the
British Broadcasting Corporation (BBC), set up a statutory
authority to operate the national sector. The enabling
legislation, entitled the Australian Broadcasting Commission Act
1932, established the Australian Broadcasting Commission (ABC),
which was required to produce "adequate and comprehensive"
programs and to "take in the interests of the community all such
measures as in the opinion of the Commission are conducive to
the full development of suitable broadcasting programs".
Responsibility for the technical services of the national
broadcasting service, including studio equipment and the opera
tion and maintenance of transmitters, remained with the
Postmaster-General's Department. The Commission was to take over the production studios of the Australian Broadcasting
Company before its contracts expired and to make its own
staffing arrangements. Finance was to come from a fixed propor tion of receiver licence fees.
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27. During this period program standards stemmed from two
sources - regulations made under the W T Act (and contained in
Statutory Rules) and a voluntary code of rules adopted by the
commercial stations' trade association, the Australian
Federation of Commercial Broadcasting Stations. The national
stations were not subject to either of these influences since
the ABC was expected to set its own standards. The only
sanctions available to the Postmaster-General were to cancel a
licence or refuse to renew it, so regulation was largely
self-imposed.
28. In 1942, as a result of the recommendations of the
Gibson Committee, the legislation governing broadcasting was
consolidated into a single Act - the Australian Broadcasting Act
1942. It reproduced many of the provisions previously contained
in the Australian Broadcasting Commission Act 1932 (national
sector) and the Wireless Telegraphy Act 1905 (commercial sector)
governing the licensing and regulation of radio stations.
Statutory Regulation of Broadcasting (1949 onwards)
29. On 28 September 1948, the Prime Minister announced that the Government had decided to establish a statutory body to
regulate and control broadcasting. Although control by the
Postmaster-General's Department had been satisfactory, the remarkable post-war development of broadcasting made part-time
control and regulation impracticable. The Australian Broad
casting Act 1942 was amended to create the Australian Broadcasting Control Board (ABCB), giving it very much the same
powers that it has today. However, a number of very important
powers, principally the power to grant, renew, suspend or revoke radio broadcasting licences, remained with the Minister.
30. It would appear that the main concern of commercial
broadcasters at that time was the refusal of the Postmaster- General's Department to agree to their requests for power
10
increases. They saw the new authority largely as a means of
rationalising technical facilities. However, the new Act gave
the Board a role both in planning the broadcasting system and
in regulating programs. Section 6K(1) of the new Act defined
the following functions for the Board:
(a) to ensure the provision of services by broadcasting stations, television stations and facsimile stations, and services of a like kind, in accordance with plans from time to time prepared by the Board and approved by the Minister7
(b) to ensure that the technical equipment and operation of such stations are in accordance with such standards and practices as the Board considers to be appropriate: and
(c) to ensure that adequate and comprehensive programmes are provided by such stations to serve the best interests of the general public,
and shall include such other functions as are prescribed in relation to broadcasting stations, television stations and facsimile stations.
Section 6K (2) required the Board in pursuance of these functions:
.. to consult both the ABC and commercial stations:
.. to ensure a reasonable variety of programs;
.. to ensure adequate programming of divine worship;
.. to ensure the provision of facilities on an equitable
basis for the broadcasting of political or
controversial matter:
.. to determine the extent of advertising on commercial
stations: and .. to fix transmission hours.
31. The Television Act 1953 empowered the Minister to grant
commercial television licences, subject to recommendation by
the ABCB, and made provision for television on the national
service. The Australian Broadcasting Act 1942 and the
Television Act 1953 were consolidated in the Broadcasting and
Television Act in 1956.
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SECTION C: THE PRESENT SYSTEM
Ministerial Powers in Broadcasting
32. Under the present Broadcasting and Television Act 1942
(B & T Act) overall responsibility for broadcasting resides with
the Government through the Minister for Post and Telecommunica
tions. The Act confers wide powers on the Minister in terms of
the overall control he exercises as to the manner in which the Australian broadcasting system is planned, structured and
administered.
33. He has power to:
approve plans prepared from time to time by the
Australian Broadcasting Control Board to ensure the
provision of services by radio and television stations;
determine the situation and operating power of stations;
determine the frequencies of stations;
order inquiries into any matter relating to the affairs
or operations of stations;
grant, renew, suspend or vary the conditions of
commercial radio and television station licences;
direct stations to broadcast matter which he considers
is in the national interest; and
implement a number of administrative functions which fall within his authority.
In certain of these areas the Minister is required to seek a
report from the Australian Broadcasting Control Board (ABCB) before reaching his decision.
34. The Minister also has wide powers under the Wireless Telegraphy Act 1905 (W T Act) in regard to the management of the radio frequency spectrum and the control and supervision of radiocommunication services in Australia and the Territories.
13
35. The other Acts for which the Minister is responsible,
apart from those dealing with postal and telecommunications
matters, are complementary to these two Acts.
Postal and Telecommunications Department
36. The Postal and Telecommunications Department is
responsible for providing the Minister with policy advice, as
required, in regard to his responsibilities in postal, telecommunications, broadcasting and radiocommunications matters.
37. As Parliament can only appropriate moneys from
Consolidated Revenue for purposes of annual appropriations
through a department of state, the Postal and Telecommunications
Department also processes the annual funds for the Australian
Broadcasting Control Board, the Australian Broadcasting
Commission, the Australian Telecommunications Commission and the
Australian Postal Commission through its own vote. These
appropriations are then paid out by the Department to each of
the statutory bodies in accordance with individual arrangements
made with them.
38. The Department is divided into three divisions:
(i) Radio Frequency Management Division: This Division
is responsible for a number of functions of relevance
to broadcasting. These include spectrum planning and
allocation of frequency bands for broadcast use in
Australia. It also investigates complaints of inter
ference to radio and television reception on behalf
of the ABCB.
The Division represents the Australian viewpoint on
the radio frequency spectrum and allied matters at an
international level, and carries out any necessary
collaboration with the International Telecommunication
Union with respect to frequency usage.
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It administers the W T Act and the Wireless
Telegraphy Regulations Act 1970, as well as the
Regulations annexed to the International
Telecommunication Convention, involving the control
and supervision of radiocommunications services in Australia and the Territories.
It issues licences under the W T Act for special
broadcasting services not covered by the B & T Act,
and investigates and supervises the technical
arrangements for these services.
(ii) Broadcasting Division: The Broadcasting Division is
responsible for the provision of advice to the Minister on broadcasting policy development and
administration, including advice to him in regard to
his powers under the B & T Act and associated Acts.
As part of its activities, it prepares background and position papers and conducts or commissions research
on various aspects of broadcasting. It processes
representations made to the Minister on broadcasting
matters, and assists in the preparation and drafting of legislation in the broadcasting area. Until
1 October 1976 the Division will be responsible for
the operation of the two ethnic radio stations - 2EA
(Sydney) and 3EA (Melbourne). This responsibility will pass to the ABC from that date. In all the
above activities the Department undertakes the
necessary co-ordination or liaison between
government instrumentalities, industry bodies and
the public.
(iii) Postal and Telecommunications Division: The Postal
and Telecommunications Division is responsible for the provision of policy advice to the Minister in
regard to postal and telecommunications matters and
the exercise of his powers under relevant Acts. Its
activities do not directly relate to broadcasting. 15
Australian Broadcasting Control Board
39. The major powers and functions of the Board are set out
in Section 16 of the B & T Act which states:
(1) The functions of the Board are -(a) to ensure the provision of services by broadcasting stations and television stations in accordance with plans from time to time prepared by the Board and
approved by the Minister;
(b) to ensure that the technical equipment and operation of such stations are in accordance with such standards and practices as the Board considers to be appropriate;
(c) to ensure that adequate and comprehensive programmes are provided by commercial broadcasting stations and commercial television stations to serve the best interests of the general public; and
(d) to detect sources of interference, and to furnish advice and assistance in connexion with the prevention of interference with the transmission or reception of the programmes of broadcasting stations and television stations,
and shall include such other functions in relation to broadcasting stations and television stations as are prescribed.
(2) The Board may make recommendations to the Minister as to the exercise by the Minister of any power under Part IV of this Act.
(3) The Board shall have power -(a) subject to any direction of the Minister, to deter mine the situation and operating power of a broadcasting station or television station;
(b) subject to any direction of the Minister, to deter mine the frequency of a broadcasting station and the frequencies of a television station, within bands of frequencies notified to the Board by the Minister administering the Wireless Telegraphy Act
1905-1973 as being available;
(c) to determine the hours during which programmes may be broadcast or televised;
(d) to determine the conditions subject to which advertisem*nts may be broadcast or televised by licensees; and * * * * * * * * * * * *
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(f) to conduct examinations as to the competency of persons to operate the technical equipment of broadcasting stations and television stations and to charge fees in respect of those examinations...
(The Part IV of the Act, referred to in Section 16(2) , relates
to the commercial radio service and commercial television
service, and covers the grant, renewal, revocation and suspens
ion of licences, and the provisions concerning ownership or
control of these licences.)
40. Under the B & T Act, the ABCB is responsible for
planning the extension of national transmitting facilities and
for the licensing and regulation of all commercial broadcasting services. The Australian Broadcasting Commission (ABC) retains
sole responsibility for the programs of the national service under Section 59 of the Act.
41. The B & T Act provides that the ABCB shall consist of
three full-time and two part-time members. The ABCB1s Head Office organisation comprises four Divisions - the Secretary's
Division, the Policy and Licensing Division, the Technical
Services Division and the Program Services Division. In
addition the ABCB has branch offices in each State and
inspecting and monitoring staff located throughout Australia.
National Sector
42. By "national sector" the Inquiry refers to stations
operated by the Australian Broadcasting Commission.
43. The major role of the ABC is set out in Section 59(I) of the B & T Act which states:
Subject to this Act, the Commission shall provide, and shall broadcast or televise from transmitting stations made available by the Australian Telecommunications Commission, adequate and comprehensive programmes and shall take in the
17
interests of the community all such measures as, in the opinion of the Commission, are conducive to the full development of suitable broadcasting and television programmes.
44. The ABC is also required under the provisions of the
Parliamentary Proceedings Broadcasting Act 1946 to broadcast
certain of the proceedings of the Senate and the House of
Representatives.
45. Thus the ABC is essentially a program producer and
distributor operating from its own studios. It does not own,
operate or maintain its transmitters.
46. Latest figures supplied by the ABCB show that, at
30 June 1976, there were 87 national AM radio stations operating,
4 FM stations, and 6 short wave stations which serve remote
outback areas (Attachments 6 and 7). The ABC also provides the
programming input for Australia's international radio service,
Radio Australia, which operates through 13 transmitters through out the country.
47. At 30 June 1976 the national television network
consisted of 84 stations and utilised 59 translator stations for
extended service coverage. (Attachments 10 and 12)
48. The objective of the national service is to provide an
Australia-wide broadcasting service as a public utility.
Consistent with this objective, it provides, in part, a complementary service to that provided by commercial stations.
In the implementation of this policy, stations have been sited
so as to ensure, as far as practicable, nationwide reception of
the programs provided by the ABC. At the present time, the ABC
provides one television outlet to virtually all areas throughout
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Australia. In addition, it has two radio outlets in each of
the major capital cities (the "first" and "second" networks)
and a further service, the "third" network (a balanced selection
of programs from the other two networks), in country areas. In
recent years the ABC has established an experimental access
radio station (3ZZ) in Melbourne and an experimental young-style
radio station (2JJ) in Sydney. It has also commenced FM radio
services in Sydney, Melbourne, Adelaide and Canberra.
49. The B & T Act provides that the ABC shall consist of
nine Commissioners, at least one of whom must be a woman. It employs a staff of approximately 7 ,000 people throughout
Australia.
50. The ABC is funded by annual appropriations made by
Parliament. In the financial year 1975/76 the total
appropriation to the ABC was $142.196m. of which $124.23m. was
for operating purposes and $17.966m. was for capital works and services.
51. As indicated above, the ABC is solely responsible for
the programs of the national service and accordingly is not
required to adhere to the standards promulgated by the ABCB.
It reports on its activities directly to Parliament through the Minister for Post and Telecommunications.
52. In addition to its broadcasting activities, the ABC is
empowered under Section 59(2) of the Act to hold, organise or
subsidise any public concert or entertainment provided that it will be broadcast in whole or part, or that it is held in
co-operation with an educational, religious or other non
commercial institution and that no charge is made for admission by the ABC. The Act also requires the ABC to establish and utilise groups of musicians.
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53. It is also required to broadcast daily from all
national stations regular sessions of news and information
relating to current events and to make all necessary arrangements
to collect or procure such news or information.
Commercial Sector
54. By "commercial sector" the Inquiry refers to those
stations operated by licensees with a view to making a profit.
55. At 30 June 1976, there were 120 commercial radio
stations and 48 commercial television stations. In addition,
there were 59 television translator stations. (Attachments 5,
9 and 11)
56. Most commercial stations are members of either the
Federation of Australian Radio Broadcasters (FARE) or the
Federation of Australian Commercial Television Stations (FACTS).
57. Commercial stations are funded primarily from
advertising revenue earned from the sale of broadcast time.
They are licensed and regulated by the ABCB and, under Section 16(1)(c) of the B & T Act, the ABCB is required to ensure that
they provide adequate and comprehensive programs to serve the best interests of the general public. In the course of their
operations, commercial stations are required to adhere to a
variety of requirements administered by the ABCB in regard to
programming, technical, advertising, network and ownership
matters.
58. The establishment of new commercial services in any
particular area, through recommendation by the ABCB and approval by the Minister for Post and Telecommunications, has generally
20
depended on the availability of suitable frequencies, the
extent of need and the potential financial viability of the
proposed services.
Public Sector
59. By "public sector" the Inquiry refers to stations
operated by non-profit orqanisations and licensed to serve a
defined or special interest section of the population.
60. At present a number of experimental public broadcasting
stations have been licensed under the W T Act. No satisfactory provision exists under the present B & T Act for the licensing
and regulation of public broadcasting stations, and a more
effective means of licensing and regulating the public sector
is one of the matters considered by this Inquiry.
61. Public broadcasting stations operating at the present
time under the W T Act are listed in Attachment 8 .
62. These stations are variously funded by way of grants from government or educational bodies, subscriptions
etc. Ultimately it is anticipated that some will also derive
funds from program sponsorship.
63. In addition to the above, a licence has been issued
under the B & T Act to station 3CR in the Armadale area of
Melbourne, Victoria, to serve an area within 16 km of the
transmitter site. A similar licence has been recommended by the
ABCB for the 0ampbelitown area of Sydney, N.S.W. Although these
stations have been authorised by the ABCB to accept a restricted
type of local advertising, they will operate on a non-profit basis, and have therefore been regarded as public stations.
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64. The stations licensed under the W T Act are required ,
by conditions attached to their licences, to adhere to the
technical standards of the ABCB, and a number are also
restricted in the type of programming they are to provide.
Australian Telecommunications Commission (Telecom)
65. Telecom is responsible, under the provisions of the
B & T Act, for the design, construction, operation and maintenance of all transmitting stations and ancillary equipment
of the national service. These facilities are provided and
operated under the provisions of the Act by Telecom and are
funded directly by an annual appropriation from Parliament,
through a broadcasting vote. This vote is designated in the Appropriation Bills:
... for payment to the Australian Telecommunications Commission in respect of technical services provided pursuant to Sections 73 and 74 of the Broadcasting and Television Act.
Telecom exercises no policy role in the extension of national
services which, as noted earlier, is the responsibility of the
ABCB.
66. Telecom also provides relay facilities, as required, to
both national and commercial stations on a fee for service basis.
Overseas Telecommunications Commission (Australia)
67. This Commission was constituted by the Overseas
Telecommunications Act 1946. The Commission's statement of its
functions shows it to be responsible for:
... the establishment, maintenance, operation and develop ment of telecommunications services between Australia and other countries and with ships at sea. These overseas services which comprise public message telegraph, telephone,
telex, phototelegraph, switched data, television and leased circuits are provided by means of submarine cables, communication space satellites and high frequency radio.
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The internal distribution of the services detailed in the above
statement is the responsibility of Telecom.
Deficiencies in the Present System
68. The Inquiry believes that the present Australian
broadcasting system is basically a good system possessing many
positive and worthwhile characteristics. It compares favourably
with many of the overseas systems. However, it is apparent that
demands of the community, new technologies, and the need for
better deployment of broadcast responsibilities and resources,
necessitate a revision of the present system so that it may
respond to changing conditions.
69. Some of the major deficiencies which are now apparent
within the system may be summarised in terms of a lack of:
.. an overall strategic policy for broadcasting services,
which has led to ad hoc planning and sporadic develop
ment of the system;
.. clarity on the functions and responsibilities of
Government and its instrumentalities in the planning,
control and administration of broadcasting; .. separation of quasi-judicial functions such as
licensing and the conduct of public inquiries from
those responsibilities involved in planning, regulation
and other areas of broadcasting administration; .. effective deployment, and avoidance of substantial
duplication in some instances, of the Government's
broadcasting engineering resources, as well as those
research resources necessary to investigate the social,
economic and technical aspects of broadcasting services; .. appropriate machinery and procedures to ensure the
necessary level of regular consultation between
government bodies and broadcasting industry groups;
23
.. accountability for station performance; and
.. more open inquiry and reporting processes during the
grant and renewal of licences.
70. It is also apparent that a complete revision is
necessary of the present broadcasting standards which are now
substantially out of date. During this process there should
be adequate opportunity within the system for an input from
both the public and the industry in the drafting of new codes
of programming and advertising practice, which would facilitate
a greater degree of industry self-regulation.
71. In addition, there is need to revise many of the
present substantially outmoded provisions of the B & T Act, and,
in particular, to provide for legislation to accommodate public
broadcasting.
24
SECTION D: OBJECTIVES OF THE SYSTEM
Present Objectives of the System
72. Sections 16(1)(c) and 59(1) of the Broadcasting and
Television Act 1942 (B & T Act) are generally recognised as
expressing the objectives of the Australian broadcasting system.
Section 16(1)(c) empowers the Australian Broadcasting Control
Board (ABCB):
... to ensure that adequate and comprehensive programmes are provided by ... stations to serve the best interests of the general public ...
and Section 59(1) explains the objectives of the Australian
Broadcasting Commission (ABC):
... the Commission shall provide ... adequate and comprehensive programmes and shall take in the interests of the community all such measures as, in the opinion of the Commission, are conducive to the full development of
suitable broadcasting and television programmes.
73. Experience has revealed, however, that broad expressions
of purpose such as these are open to various interpretations in
the course of implementation, and do little to ensure that the
programming output of the system meets the needs of the various sectors or groups within our society.
Need for Statement of Objectives
74. Whilst recognising the difficulties in attempting to
define the objectives of the broadcasting system in a more
explicit form, it is most important that such an attempt be made, in order that the overall performance of the system may be
judged against its stated objectives.
25
Vincent Committee
75. An inquiry conducted in Australia in 1963, by the Senate
Select Committee on the Encouragement of Australian Productions
for Television ("Vincent Committee"), addressed itself to the
question of an interpretation of the objectives for the
Australian broadcasting system presently contained in the B & T
Act. The Committee's interpretation (in paragraphs 9 and 11 of
its Report) was:
9. Section 16(1)(c) imposes an obligation upon the Australian Broadcasting Control Board "to ensure that adequate and comprehensive programmes are provided by ... stations to serve the best
interests of the general public;".
11. In the Committee's view the clear meaning of the section is as follows (1) The expression "adequate" programme means, inter alia, that programmes should have a high standard of quality - technical and artistic.
(2) The expression "comprehensive" programmes means that programmes should have an overall balance as to subject-matter, content and variety. The Committee accepts the British concept in this respect, namely, that programmes should "inform, educate and entertain".
(3) "To serve the best interests of the general public" means neither to cater almost exclusively for majority interests, nor to play down almost exclusively to the lowest common denominator of public taste. Expressed in a positive sense, it means, inter alia, to serve the widest interests
of the general public by including special interests and minority interests. "Best" interests also means, inter alia, to utilize the tremendous power of television to influence and enrich both the emotional and intellectual values of the people and to improve moral standards in society.
76. This Inquiry would endorse the spirit of the above interpretation, but in the following paragraphs will canvass
those individual aims which it considers appropriate to each sector of broadcasting (national, commercial and public) prior
26
to detailing a number of statements which reflect its views of
the objectives for the broadcasting system as a whole.
Objectives of the National Sector
Current Responsibilities
77. The Australian Broadcasting Commission has accepted
responsibility for interpreting the terms "adequate and compre
hensive" programs and "in the interests of the community" within
the intent of the B & T Act.
78. The ABC's understanding of these responsibilities has
been outlined in its submission to this Inquiry:
The Australian Broadcasting Commission as currently organised should continue to provide a National Broadcasting Service for all Australians - a diversified service, predominantly Australian in content and character, embracing a balanced but adequate, varied and comprehensive service of information, culture, entertainment and education for people of different ages,
tastes and interests. The National Service should take due account of the special needs of people living in rural areas. It should also contribute to the develop ment of national unity and provide for a continuing
expression of Australian identity. The Commission interprets this emphasis of its national responsibilities as requiring it to operate stations serving particular community needs not fulfilled by other types of stations,
and stations devoted to experimental and/or innovative programming ... The signal importance of the Australian Broadcasting Commission in Australian life is that it is the one national information service. Nothing should be done to weaken the ABC's role in this regard.
79. This re-statement of the ABC's perception of the programming role of the national broadcasting service reflects
an appreciation by the Commission of a number of special obligations.
80. These obligations emanate from its responsibility to
provide a public service, and as this service is funded through
27
Consolidated Revenue, the satisfaction of the overall needs of
the Australian people is the major determinant of its
broadcasting policy. Being free from commercial pressure, it
need not place undue emphasis on attracting mass audiences, but
through diversification of its program formats, should also try
to meet the more specific requirements of special interest and
minority groups.
81. However, to operate a service which provided only
serious programs would be the most effective way of limiting the
audience for those programs. The ABC must therefore have popular
programs in order to attract the largest possible audiences for
its more serious ones, and to provide a diversity of programming
for those in rural areas who can only receive the national
service.
82. Minority programs of quality are, however. . often the
most expensive to produce, and one of the reasons for having a
national broadcasting service financed by public money, is that
such a service is able to allocate funds to its program output
on different criteria from those employed by the commercial
stations.
83. The ABC provides the national news service, and while
it is incumbent on all broadcasters to present a balanced,
adequate and unbiased coverage of news and current affairs, the
ABC, as a public body, is especially bound to be impartial and
objective in this area of programming. It should have no
editorial policy.
84. As the national broadcasting service, it is implicit
also that the Commission has a major part to play in the
development of the national identity and culture. This is a role
it shares with national broadcasting bodies in other countries.
28
In the case of Canada, for example, the appropriate legislation
requires the national service to:
... contribute to the development of national unity and provide for a continuing expression of Canadian identity.
Independence of the ABC
85. Considerable concern was expressed in many submissions to the Inquiry that the independence of the Commission was undQr
threat. This concern was stimulated by public debate about possible funding of the ABC from advertising revenue or licence
fees, and its subjugation to some new form of single broad casting authority.
86. The Inquiry believes that the programming objectives
set for the national service can only be achieved by maintaining
the independent position of a Commission which is free from
Government influence or intervention. It must also be free from
the commercial pressures which limit the broadcaster:s ability
to experiment with the unconventional and innovative, and to
program for special interest audiences.
The Role of the ABC in Relation to Other Sectors
87. The view was expressed in a number of submissions that
the national broadcasting service should be regarded purely as
an alternative outlet to the commercial service and that it
should thus provide complementary programming, with strong
emphasis being placed on cultural, experimental and information
material. The Inquiry agrees that the Commission should give
recognition to these requirements, but is especially conscious that, as the national broadcasting service, the Commission has
the duty to program for all Australians. Accordingly, the Commission must provide programs that appeal to mass as well as
minority audiences.
29
responsibilities of the national sector.
93. It is considered by the Inquiry that the satisfactory
achievement of its objectives by the Australian Broadcasting
Commission will involve, in the long term, the establishment of
further national broadcasting services. Looking particularly
towards the future development of educational, ethnic and
special interest programming, it is apparent that the Commission
will ultimately need a second television network and a fourth
radio network to cater for the full range of its future program
ming responsibilities.
94. Furthermore, in radio, the needs of non-metropolitan
audiences will be met more adequately by the extension of AM
Radio Networks 1 and 2 and the FM Network to regional areas.
Objectives of the Commercial Sector
Program Responsibilities
95. The Inquiry recognises the role that the commercial
broadcasting sector has played, and will continue to play, in
providing programs of wide popular appeal to the mass audiences
of the Australian community. The level of audiences regularly
attracted to commercial radio and television stations in both
metropolitan and regional areas has amply demonstrated the
skills developed within the commercial sector in designing program formats which will attract a high percentage of the
available audience.
96. These skills have evolved through the competitive
nature of commercial broadcasting, and the fundamental need to
expose revenue producing commercial announcements to audiences
which are commensurate in size with the cost of advertising time
on the broadcast media.
32
97. The Inquiry thus has full appreciation of the need for
the commercial sector to seek to serve community needs within the context of private enterprise operations, which have a responsi
bility to shareholders to achieve an appropriate profit result in relation to capital investment.
98. it also accepts the view of the commercial sector that
both the public and those advertisers who, in effect, pay for
the programs presented on commercial stations, have legitimate
claims in requiring that the commercial operators provide a
broadcasting service which meets their respective needs, even though these may be in conflic.t on some occasions.
99. However, it cannot unreservedly endorse the rather over
simplified premise that because the commercial sector has been
successful in gaining substantial audiences by the presentation
of entertainment or information programs which meet popular
taste, it is "giving the public what it wants", and is therefore
discharging its responsibilities in the best interests of both
the public and those advertisers who use the medium.
100. in this regard the Inquiry would support the sentiments
expressed in the 1962 Report of the Pilkington Committee, which included an examination of British commercial television:
No-one can say he is giving the public what it wants, unless the public knows the whole range of possi bilities which television can offer and, from this range chooses what it wants to see ... what the
public wants and what it has a right to get is the freedom to choose from the widest possible range of programme matter. Anything less than this is deprivation.
101. It is well recognised that many programs which appeal to the lowest common denominator of public taste also have the inherent ability to gain high audience ratings, but do little by
way of contribution to the increased satisfaction of audiences
33
through their deeper involvement in more diverse or innovative
styles of programs, or the enrichment of their social, cultural
or moral values.
102. From the findings of much of the overseas research into
the social effects of television, it would appear that there is
substantial evidence to suggest that a surfeit of popular appeal
programs, many of which tend to place undue emphasis on the
undesirable aspects of the culture of other countries, do not
assist in the development of a socially stable and healthy
society. These research findings do not, of course, have the
same relevance to the structuring of radio program formats.
103. This Inquiry has endorsed the basic philosophy that the
right to broadcast is in the nature of a public trust which
carries with it obligations as well as privileges. It recognises
the past efforts of commercial operators in providing much by
way of popular appeal or community service programming which is
commendable and of desirable social relevance.
104. The desire for relaxation and entertainment in our
society, and the role of the commercial broadcast media to assist in meeting this public need by means of programs of wide
popular appeal, is also acknowledged. However, in addition to
directing their efforts to the presentation of the relatively
stereotyped styles of programs which are known to attract high
numbers of viewers and listeners, it is most desirable that the
commercial sector should at the same time attempt to introduce
a measure of innovation and experimentation in programs catering
to more sizeable, if not mass, audiences. This would also
assist in achieving a diversity of programming over all three
sectors of the broadcasting system.
105. It is appreciated that this task is one which may entail higher risk in terms of the audiences achieved in
34
relation to production or purchase costs, but it is thought that
the expertise involved in today1s production techniques is such
that programs of more substance or social consequence can be
produced to contain entertainment or involvement values which
will serve to attract levels of audience commensurate with
program cost. The Inquiry would not therefore regard such an
approach to programming as being incompatible with the role of commercial broadcasting.
106. In their efforts in this direction the commercial
operators should be able to expect full encouragement,
co-operation and assistance from advertisers and their agencies
in initiatives to present programs which will meet the social
responsibilities, or further the social aims of the commercial
service.
107. The Inquiry also believes that, as commercial broad
casting is an important source of news and information, it should
present extensive and impartial news services, backed by balanced
and informed news commentary and like programs.
Objectives of the Public Sector
Rationale of Public Broadcasting
108. The continued development of the public sector is an integral part of any plan to meet the overall objectives of broadcasting outlined later in this Section. It will
encourage diversity in our broadcasting system, and allow for
greater participation in broadcasting by individual special
interest and minority groups. In addition, it will foster
community oriented programs and increase the relevance of
broadcasting services to people in more localised areas.
35
±09. However, the Inquiry is conscious of the fact that
public broadcasting in Australia is still in an embryonic form,
and care must be taken to set guidelines for its future develop
ment which contain sufficient flexibility to enable it to meet
changing conditions and demand. It recognises that the essence
of development in the public sector is community initiative and
it is therefore appropriate that its growth should be encouraged
rather than dictated.
110. Interest in public broadcasting licences has to date
been expressed by education, community, ethnic, religious, local
government and music bodies, as well as a number of other special
interest groups. The Report of the Working Party on Public
Broadcasting makes the point that:
The greatest demand so far has been in the education sector. However, it would be a mistake to infer from this that the educational institutions are necessarily the area of greatest need. The great demand is probably simply a reflection of the fact that these organisations have structures which easily accommodate broadcasting. The point to be made strongly is that while this is an important area of public broadcasting, it is by no means the complete answer to providing diversity by the public sector. The responsibility of the system is to provide all neglected and minority interests effective participa tion in broadcasting.
(Report to the Minister for the Media by the Working Party on Public Broadcasting, Canberra, 1975.)
111. While a number of licences have already been granted to
educational institutions, there has also been development in
other areas. For example, there are two fine music stations
(2MBS-FM in Sydney and 3MBS-FM in Melbourne) which are
contributing to the need in those cities for quality music
transmitted in the FM band.
112. In its submission to the Inquiry, the Public Broadcast
ing Association of Australia anticipated the development of
36
"special interest - spoken word" stations, which would use city
wide coverage "... to increase the flow of information within
the community with particular representation of those generally
excluded from discussions in the national or private sectors".
113. Additionally, there is a demand for local or suburban
public (i.e. micro-coverage) broadcasting stations catering for
smaller geographically defined communities. Such stations, it is proposed, would provide programs based on specific community
needs such as reports of local council meetings, announcements
of local events, the activities of local service organisations,
historical items on the region, and programs generally concerned with the enrichment of local community life.
114. The need for stations which will provide access to individuals or groups who may require very infrequent use of a
public broadcasting service, as well as those who may require
short term licences, should also be taken into account in establishing the role of the public sector.
Operating and Programming Responsibilities
115. The control and ownership of services should be in the
hands of the communities served by public broadcasting stations,
and all services should operate on a non-profit basis.
116. The Inquiry accepts that there should be no requirement
on the public broadcasting sector to provide "comprehensive
programming" since, by its very nature, public broadcasting seeks to program for community, special or minority interests
in response to demand. In so doing, however, it should not seek
to duplicate the kinds of programs already available, and should thus tend to concentrate its efforts in the areas of information and education.
37
117. The Inquiry is essentially concerned that public
broadcasting should be developed in a way which will meet the
needs of its nominated audiences, and encourage and stimulate
both individual and community participation in public broadcast
ing. In the main, it would anticipate that the public
broadcasting sector would fill many of the "gaps" in the overall
programming spectrum for which the national and commercial
sectors are not well suited.
Overall Objectives of the System
Towards a Philosophy
118. The broad outline of the basic objectives for the three
sectors of broadcasting in the foregoing emphasises that the
effectiveness and value of a broadcasting system rests in its
programming output. Insofar as Australian society is diverse, and encompasses a wide variety of interests, tastes and needs,
so the broadcasting system should attempt to provide, within the
framework of economic feasibility, a diversity of services to
satisfy the requirements of special interest or minority groups
as well as those of the mass audiences.
119 . As the broadcasting system is one of the essential
services for the distribution of information, entertainment and
education, it should operate in a manner which will satisfy
these basic public needs in the widest sense. It should there
fore be utilised not only for the purposes of entertainment and
relaxation, but also to foster the development of an Australian
society which has a suitable awareness of public affairs, and the opportunity for an expanded interest in cultural or artistic
pursuits, religious or political issues, and in the various
areas of learning.
120. The system must therefore be structured in such a way
that the mass interest does not erase the special or minority
38
interest, and social issues are not ignored.
121. Inherent also in the philosophy should be the basic
principle of freedom of communication. The system should
therefore be structured in a manner which will permit a balanced
dissemination of information, particularly in matters of a
political, religious or controversial nature. This implies diversity of outlets in terms of stations operating within the
national, commercial and public sectors, and a diversity of both
ownership and funding methods for the outlets within those sectors.
122. As the broadcasting system must play a large part in
the development of a national identity and culture, every effort should be made to ensure that emphasis is given, in the design
of station program formats, to the use of programs which have
been produced in Australia. This will assist in the development of a viable local program production industry which, in turn,
will encourage increasing levels of professionalism and greater utilisation of Australian performing and creative talent.
123. Adequate opportunity should be maintained for exposure
to overseas cultures. This aim would be assisted by the presentation of suitable programs from the widest possible range
of countries.
Proposed Objectives of the Broadcasting System
124. Having regard to the philosophies for broadcasting out
lined in the foregoing and the views expressed in earlier inquiries, this Inquiry is of the opinion that a number of more detailed statements should be made which will give some guidance
and purpose to both short and long term plans for the development of a broadcasting system, and also provide a broad framework
39
within which standards can be set for the general conduct of
broadcasting operations.
125. it is the view of the Inquiry that the Australian
broadcasting system should seek to provide programs which:
.. are adequately diverse, and embrace the traditional
triad of information, entertainment and education;
.. satisfy the requirements of not only the mass
audiences, but also those of special interest or
different language groups, minority interests,
and the under privileged;
.. cater for national, regional and local needs with
emphasis on differences in metropolitan and rural
requirements;
.. present news, commentary, information and like
services in an objective and balanced manner;
.. give adequate expression to diversity of opinion
on political or other controversial issues;
.. lead to a better understanding of community problems;
.. enrich the intellectual, cultural and moral values
of our society;
.. advance education at all levels;
.. create respect for religious convictions and
humanistic values;
.. avoid undue presentation of dramatic programs which
feature violence and aggression as major elements
of the program theme;
.. embrace high artistic and technical standards;
.. are produced in Australia using Australian creative and performing talent;
40
encourage the development of a national identity
by presentation of the characteristics of
Australian history, geography, culture, and way
of life of its people;
are of an experimental or innovative nature, or
of conceptual value or social relevance; and
contribute to the healthy psychological and
intellectual development of children.
The system should also be structured so that it:
is effectively owned and controlled by Australians, with avoidance of undue concentration of interest;
is capable of preparing for, and adapting to,
changes in community needs, attitudes and tastes,
and to the integration of new technologies;
facilitates the necessary machinery for public and industry participation in the regulation and
planning of the system;
operates as far as possible on a basis of industry self-regulation with minimum requirements only for
a necessary reserve of government authority in the national interest; and
ensures that the electromagnetic spectrum is used in the best interests of the Australian public.
41
127. It is the view of this Inquiry that broadcasting
legislation should contain a statement which summates the major
programming objectives for the broadcasting system as a whole.
This is a practice which has been adopted in the legislation of
a number of overseas countries and it is suggested that a state
ment should be drafted for the Australian broadcasting system
along the following lines:
The Australian broadcasting system should offer varied
and comprehensive programs catering for diverse tastes
within mass, special interest and minority audiences
on a national, regional and local basis. An Australian
national identity should be fostered, and programs
should enrich the social, cultural and moral values of
the Australian people. News and other information
services should be presented in an objective and
balanced manner. There should be regular pursuit of
high standards, innovation and exprimentation, and
wherever possible, programs should be produced in
Australia using Australian creative and performing talent.
42
SECTION E: THE PROPOSED SYSTEM
128. Broadcasting is the only medium of expression under
direct regulation by the Commonwealth Government. It has
emerged over its half century of existence as a crucial
component of our society, shaping values and opinions to an
extent unrivalled by other forms of media. Yet, unlike books,
newspapers, magazines or films, communication through this
medium is not open to all. Only a few groups may obtain
broadcasting licences and only a limited number of programs
will be broadcast from the stations licensed to these groups.
As Justice Frankfurther said of radio:
Freedom of utterance is abridged to many who wish to use the limited facilities of radio. Unlike other modes of expression, radio inherently is not available to all. That is its unique characteristic and that is why, unlike
other modes of expression, it is subject to government regulation. (Media and the First Amendment in a Free Society, U.S.A., 1972, p.1021)
129. Every modern society regulates broadcasting and the
justification usually given is the principle of scarcity. The
electromagnetic spectrum is a limited national resource; the number of frequencies available for broadcasting is therefore
also limited. Allocation of scarce national resources is the business of government, which must establish a process by which
choices can be made between the many who apply.
130. However, regulation may also be justified by reference
to the uniquely powerful impact of broadcasting on society.
No exaggerated claims are required: accepting that mass media generally set the agenda for public discussion and debate is
enough. Since the broadcast media appear to be accepted as
inherently credible, they do not have to be shown to be dictating what is thought - only what is thought about.
The Rationale of Broadcasting Control
43
131. Finally, it may be argued that regulation is justified
because the public owns the airwaves. Since frequencies are
scarce, and the broadcast media are influential, to grant a broadcasting licence is to bestow a privilege. This privilege
carries with it an obligation to provide the public with
programs which meet the standards it expects.
132. The Commonwealth Government must be concerned that the
broadcast system as a whole operates in a way which it judges
to be in the national interest.
The Role of Government in Broadcasting
133. This inquiry sees the Commonwealth Government's role
to be as follows:
.. to establish overall philosophies, objectives and
policies for the development of an Australian
broadcasting system comprising commercial, national and public sectors, which will offer a diverse range
of entertainment, information and educational programs
catering to mass, minority and special interest audiences. The plans which stem from these policies
should have the ability to adapt to new forms of
broadcasting, as well as allowing for the integration of broadcasting and other telecommunications services;
.. to provide a firm base in legislation which will define
the manner in which radio and television stations in
all three sectors will be licensed or established, and
clearly enunciate the powers of the Minister and
statutory or other bodies or authorities charged with
the administration and regulation of each sector;
.. to protect the frequency spectrum as a national
resource by accepting full responsibility for its management and allocation, as well as for representation
and participation in international planning; and
44
.. to grant funds for the operation and extension of the
national broadcasting service as well as for develop
ment of assistance in both the commercial and public
sectors as may be required.
The Proposed Administrative Structure
134. Later sections of this Report will propose a number of
changes in the administrative structure of our broadcasting
system and will provide the rationale for these changes.
135. To assist understanding, however, it is indicated at
this stage that the Inquiry proposes:
.. that the Australian Broadcasting Control Board be
disbanded;
.. that licensing and broadcasting inquiries be the
responsibility of a new statutory body, the
Australian Broadcasting Tribunal;
.. that the planning function be performed either by a
new statutory body, the Broadcasting Planning Board,
or in the Postal and Telecommunications Department;
.. that a body be established to represent broadcasters
in both the planning process and the administration of standards.
136. The relationship and functions of these bodies, together
with the existing and proposed functions of the Australian
Broadcasting Commission and the Postal and Telecommunications
Department, are summarised (in both chart and tabulated form) on the pages which follow.
137. Attachment 14 provides a summary comparing present and proposed powers and functions.
45
138. The cost of operating the Australian Broadcasting
Tribunal, the Broadcasting Planning Board (or a similar function
in the Department) and the Broadcasting Council is estimated to
be less than the current costs of operating the Australian
Broadcasting Control Board, and cost comparisons are supplied in
Attachment 15.
46
FUNCTIONS; Produce, purchase or commission the production of programs
for the national services, including the overseas short wave service.
Establish, operate and maintain studio facilities.
Operate and maintain the national transmitting facilities on behalf of the Postal and Telecommunications
Department. (These functions to continue to be undertaken by Telecom on a contract basis until some or all of them are assumed by the ABC on an area by
area basis.)
AUSTRALIAN BROADCASTING TRIBUNAL
FUNCTIONS: Public inquiries into: . Licence grants; . Licence renewals;
. Minimum standards of broadcasting practice; . Breaches of licence conditions; . Policies & performance
of the ABC (every seven years); . Matters referred by Minister or BC. Grant, renew, suspend or
revoke licences in the commercial and public sectors. Impose penalties.
Authorise changes in ownership and control. Prepare and publish reports on all inquiries. COMPOSITION:
. Commissioners (4 full time) Associate Commissioners
(6 part time) Support staff (30 full time) One Commissioner to have functional responsibilities in each of the
National Commercial and Public Sectors.
BROADCASTING PLANNING BOARD
FUNCTIONS: Broadcasting system planning comprising: . Social and economic
planning, research and development; . Technical planning, research and
development, including the setting of station operating parameters and the recommendation of operating frequencies for broadcasting stations.
Assemble industry data relevant to BPB functions.
COMPOSITION: . Members (3 full time) . Support staff
Non technical (39 full time) Technical (36 full time) . Two of the Members
(other than the Chairman) to have functional responsibilities in:
. Research (social etc.) . Engineering*
MINISTER
DEPARTMENT
BROADCASTING COUNCIL
*PLANNING & STANDARDS COMMITTEE â¦TECHNICAL
LIAISON COMMITTEE
FUNCTIONS: Comment on planning proposals submitted by
the Broadcasting Planning Board and others.
Liaise with the Depart ment and the Broadcasting Planning Board on technical matters.
Overview the administration of advertising, program and technical standards.
Assemble industry data relevant to BC functions,
COMPOSITION: Independent Chairman (1 part time) National Sector
(2 part time) Commercial Sector (2 part time) Public Sector
(2 part time) Department (2 part time) . Support staff
(12 full time) Each member of the Council may elect to serve on either or both of the Committees or may
lominate alternate representation.__________
FUNCTIONS: Communications policy.
Legislation.
Advisory and other services to the Minister
Broadcasting system technical management including: ITU liaison;
Radio frequency management; . Allocation of frequency bands;
Approval of the allocation of operating frequencies; Issue of frequency warrants;
Interference investigations; Field studies and field strengthsurveys; Establishment of trans mitting facilities for
the national services; Engineering resources management;
Setting of technical standards; Qualifications of technical operating personnel;
Technical research.
Financial programming and estimating.
Co-ordination;
Consultation and liaison.
AUSTRALIAN BROADCASTING COMMISSION
SUMMARY OF PROPOSED FUNCTIONS
Undertake public inquiries into:
.. Licence grants;
.. Licence renewals;
.. Minimum standards of broadcasting practice in programming and advertising;
.. Alleged breaches of licence conditions;
.. Policies and performance of the ABC (every 7 years);
.. Matters referred by Minister or Broadcasting Council.
Grant, renew, suspend or revoke licences in the commer cial and public sectors.
Impose penalties.
Authorise changes in ownership and control.
Prepare and publish reports on all public inquiries.
Assemble industry data relevant to ABT functions.
139. Australian Broadcasting Tribunal
140. Broadcasting Planning Board
Undertake broadcasting system planning comprising:
.. Social and economic planning, research and develop ment ;
.. Technical planning, research and development, including the setting of station operating para meters and the recommendation of operating frequencies for broadcasting stations.
Assemble industry data relevant to BPB functions.
141. Broadcasting Council
Comment on planning proposals submitted by the Broad casting Planning Board and others.
Overview the administration of advertising, program and technical standards, and receive and respond to complaints.
Liaise with the broadcasting industry, the public and other interested parties.
Assemble industry data relevant to BC functions.
48
142. Australian Broadcasting Commission
Produce, purchase or commission the production of programs for the national service, including the overseas short wave service.
Establish, operate and maintain studio facilities.
Operate and maintain the national transmitting facili ties on behalf of the Postal and Telecommunications Department. (These functions to continue to be undertaken by Telecom on a contract basis until some or all of them are assumed by the ABC on an area by area basis.)
143. Postal and Telecommunications Department
Communications policy.
Legislation.
Advisory and other services to the Minister.
Broadcasting system technical management including:
.. ITU liaison;
.. Radio frequency management;
.. Allocation of frequency bands;
.. Approval of the allocation of operating frequencies;
.. Issue of frequency warrants;
.. Interference investigations;
.. Field studies and field strength surveys; .. Design and construction of transmitting facilities for the national services;
.. Engineering resources management; . . Setting of technical standards;
.. Qualifications of technical operating personnel;
.. Technical research.
Financial programming and estimating.
Co-ordination.
Consultation and liaison.
49
SECTION F: PLANNING AND DEVELOPMENT
The Definition of Broadcasting Planning
144. It is apparent that many of the organisations and
individuals making submissions to this Inquiry did not have a
clear understanding of the meaning of the term "planning" as
intended in the terms of reference. It is appropriate therefore
to define the responsibilities of government in formulating
policies for the development of the Australian broadcasting
system, as distinct from the planning function which converts
these policies into detailed plans for implementation.
Policy Formulation
145. The Government is, of course, responsible for the
establishment of overall communications policy, and one
component of that responsibility_is strategic policy for the development of the Australian broadcasting system. This
involves government decisions on such questions as:
.. the sectors which will make up the system (e.g.
national, commercial, public);
.. the programming role of each sector and the adequacy
of the total output;
.. the need for additional or new kinds of services (e.g.
FM, educational, foreign language etc.);
.. the need for services involving new technologies (e.g.
cable, Pay TV, satellites etc.); and
.. the availability of frequencies for sound and vision broadcasting services.
146. A more detailed explanation of the manner in which broadcasting policy is developed may be illustrated through
the processes involved following a government proposal to introduce, for example, an educational television network.
51
As already outlined above, the setting up of such a network
would have direct relevance to the Government1s overall social
and economic policies for the development of the total
communications system.
147. It is thus clear that a decision on the priorities and
timing involved in the necessary allocation of the nation's
economic, broadcasting frequency spectrum and other resources,
for purposes of educational television, would be a matter for
government determination. This would be particularly so when
there are strong competing demands within the total
communications system.
148. Initiatives for an educational network could arise from
representations from a variety of government and non-government
sources. For the Government to arrive at an informed decision
on a major broadcasting development of this nature, it would be
necessary for substantial consultation to take place with a
number of Commonwealth Government departments and instrumental
ities , some State Government bodies, and other interested
parties.
149. The Department advising the Minister on broadcasting
affairs would be in the most favourable position, not only to carry out all necessary consultation, liaison and co-ordination
processes, but also to assess the issues and considerations involved in the light of its knowledge of the background of
government policy.
150. The Department would also be the most suitable body to draw on research which might be available from broadcasting
planning authorities, other instrumentalities or interested
parties, in the educational area.
52
151. It would also be the appropriate authority to prepare,
on behalf of the Minister, a "Green Paper" advising the
Government's thinking on the matter so that the general public,
the industry, and other interested parties could have the
opportunity to comment or issue their views prior to any formal
adoption of the policy proposed. (Other opportunities for
public participation are dealt with in Section G (Licensing)
and Section H (Regulation).)
152. Following these processes the Government would be in a
position to:
(i) make the decision to establish an educational
television network;
(ii) broadly decide the areas of education to be covered; and
(iii) determine the method of funding.
It would then refer the matter for the preparation of detailed
planning proposals by the planning authority.
153. Having regard to the above, it is interesting to note
the relevant comments of the Australian Broadcasting Control
Board in its submission to the Inquiry:
Finally, decisions must be by Government which must take the responsibility. Furthermore, almost invariably such policy decisions and the processes which lead up to them involve other Departments and Ministers (e.g. Treasury,
if the spending of money is involved). Thus broadcasting policy (to be carefully distinguished from matters involving individual licensees) is no different from other matters of public policy. Therefore, the body to conduct
such matters is an ordinary department of state...
Later in the same statement the Board also suggests:
There is furthermore, an organisational and systems need for there to be a single body to generate and process in-house advice to the Minister (as distinct from a public inquiry and public reporting process to the Parliament which is a different matter). If two or more bodies are
53
formally involved a process of referral of briefs from one to the other before they reach the Minister will result, which is inefficient, and which is the situation under the present Act, where the Board exercises policy advising functions, as does the Department of Postal and Telecommunications as adviser to the Minister.
Therefore, it is considered that the formal strategic policy advising role to the Minister in all areas of communications, including broadcasting, should be a function solely of the Department ...
154. As indicated by the ABCB, the Postal and Telecommuni
cations Department is already carrying out a policy formation
advisory role to the Minister on broadcasting matters.
155. In its policy advisory role, the Postal and Tele
communications Department will work in close liaison with the
planning authority and receive from it all necessary research
data and other information which may be relevant to its
responsibilities.
156. Based on the above, the broadcasting policy formation
role of government will be seen as clearly distinct from the
detailed planning role.
157. To further clarify the role and responsibilities of the
Minister and the Department, it would be desirable for the
Administrative Arrangements Order to be varied so that they
refer much more specifically to broadcasting responsibilities.
In addition, it would be appropriate for the Minister for Post
and Telecommunications to become the Minister for Communi
cations, with his Department being known as the Department of
Communications. This would follow the practice already
adopted in Canada and a number of European countries where the
role of a Ministry of Communications in broadcasting policy
development is more clearly recognised.
54
158. This proposal would also assist in removing much of the
confusion and misunderstanding which presently occurs in regard
to the various responsibilities of the Postal and Telecommuni
cations Department in broadcasting matters, as distinct from
telecommunications and postal functions (now undertaken respect
ively by the Australian Telecommunications Commission and the
Australian Postal Commission).
Detailed Planning
159. All references to planning in this Report will refer
only to the translation by a separate planning authority of
the Government's strategic broadcasting policy into detailed
plans for implementation in accordance with assessed priorities, and the availability of resources.
160. The implementation of the overall strategic plan will
involve detailed planning by a separate planning authority of
new stations or other outlets designed to extend and improve
services within the system. The kinds of matters dealt with
at this stage would be:
.. detailed investigations of needs
.. evaluation of economic factors
.. assessment of other relevant considerations (environmental, industrial etc.)
.. station coverage areas
.. situation of studios and transmitters
.. operating power
.. recommendations on frequencies .. other relevant technical planning considerations .. all necessary liaison with industry and other bodies
.. drafting of detailed planning proposals for ministerial approval.
55
These processes would be facilitated by the structuring 161. of:
.. machinery to provide a continuous feedback on the
adequacy of existing services in all three sectors
of broadcasting;
.. necessary research facilities and programs to undertake
needs assessments as well as studies of the economics
of the industry and other factors relevant to its
planned and orderly development; and
.. facilities for technical planning investigations
embracing all types of sound and vision services.
Planning Need
162. The importance and influence of broadcasting in modern
society, together with the limited nature of the radio frequency
spectrum, necessitates the planned and orderly development of
the Australian broadcasting system. All plans evolved must
ensure that the services within the system meet the changing
needs of the Australian people, and are of appropriate technical quality.
163. The plans should have flexibility to take advantage of
technical developments (e.g. cable, satellites etc.), so that
these advances can be integrated into the system without
disruptive effect on established services.
164. To be taken into account also is the interrelatedness of
all communications services transmitting sound, visual images
and signals by means of conduction or electromagnetic radiation,
and the need to ensure that proposed developments are in accord
with international agreements.
56
Planning Research
165. A competent broadcasting planning function must rely
heavily on a carefully structured research effort.
166. The present fragmentation of the research responsib
ility, coupled with a lack of funds and adequate research
staffing within those government bodies presently involved in
broadcasting, has resulted in many areas of important broad
casting research receiving little or no attention.
167. As far back as 1963, the Report of the Select Committee
on the Encouragement of Australian Productions for Television
("Vincent Committee") stated:
(1) The amount of research already carried out in Australia has been totally inadequate, having regard to the importance of the subject and to the general nature of the findings thus far arrived at.
(2) The Board [a b c b ] , in collaboration with some of the universities, has done some interesting and valuable work in the field of research; the Commission CABQj has virtually done little in the field of true scientific research, its
activities being mainly limited to questions relating to programme analysis and audience appreciation. But the overall picture presented by the research activities is that the research is rather of a sporadic nature; that
there is no attempt at the co-ordination of . this work at a national level, or even as between the activities of the Board and the Commission; and that some important aspects of research have not as yet been commenced. For example,
little or no research has been attempted as to the best uses that can be made of television ...
This Inquiry is of the view that the above statement remains
largely true of broadcasting research over recent years.
168. In order to fulfil its planning functions within the
new structure, it is proposed that the authority responsible
for detailed planning for the development of the Australian
57
broadcasting system be assigned responsibility for research
into all areas related to those functions and in particular,
for research into the social, economic and technical aspects
of broadcasting services.
169. The social research program would concentrate on the
ascertainment of needs for new broadcasting services, including
the projection of future demands.
170. Its economic research would investigate the impact of
government policies and industry regulations on the rate of
growth and other factors affecting the development of the
system, and also the cost/benefit of new broadcasting servicesâ
171. In the technical area, the planning authority should
draw heavily on the broadcast engineering data likely to be
available from government and non-government sources involved
in engineering research relevant to technical planning.
172. In addition, it would undertake the procurement and
compilation of general industry statistics, and other data
relevant to its functions, and would then analyse and publish
them as required.
173. The above forms of research are basic to the planning
process, and appropriate research staffing and funds should be
made available to the newly constituted planning authority,
which is discussed later in this Section.
Present Planning Responsibilities
174. At the present time the planning and development for
both the national and commercial sectors of broadcasting is
carried out by the Australian Broadcasting Control Board (ABCB)
58
under Section 16(1)(a) of the Broadcasting and Television Act
1942 ( B & T Act). This section states that the functions of the Board are (in part):
to ensure the provision of services by broadcasting stations and television stations in accordance with plans from time to time prepared by the Board and approved by the Minister;
175. The ABCB has thus been responsible for all planning
involved in the establishment of new stations and the extension
or improvement of existing services. Section 16 of the B & T
Act goes on to make specific reference to the Board's planning
responsibilities in regard to the determination (subject to
any direction of the Minister) of the situation and operating
power of stations. The ABCB may also determine the frequencies
of stations within bands of frequencies notified to it by the
Minister for Post and Telecommunications in his capacity as
Minister administering the Wireless Telegraphy Act 1905.
176. It should be noted that Section 16(1)(d) of the Act
also provides that one of the functions of the Australian
Broadcasting Control Board is:
to detect sources of interference, and to furnish advice and assistance in connexion with the prevention of inter ference, with the transmission or reception of the
programmes of broadcasting stations and television stations,
177. The proposed reallocation of the above functions is
dealt with later in this Section.
Proposed Planning Responsibilities
178. Many of the submissions received by the Inquiry have
been critical of the somewhat ad hoc nature of broadcasting
planning and the apparent lack of an overall plan. Although
59
a great deal of effort has been devoted to individual aspects
of broadcasting development as they arose, the planning method
overall has not seemed capable of responding in an orderly and
effective manner to the demand for new and improved broadcasting services.
179. It is considered that this situation has developed to
some extent because the functions of the present planning
authority (ABCB) have been spread over a wide range of
responsibilities - planning, public inquiries, licensing,
regulation and general administration. This has had the
effect of taxing the ABCB's staffing and financial resources
and inhibiting the concentrated and continuous effort
essential to planning processes.
180. In addition, this diversity of roles has had the
tendency of placing a single control body in the difficult
position of being both "judge and jury" in carrying out a
number of its major responsibilities = It is required, for
example, to set standards and then administer and arbitrate on
them. It also plans the establishment of new stations and then
conducts the inquiries which lead to recommendations for the
grant of licences for such stations.
181. This Inquiry believes that such an arrangement, with its
conflicting priorities and demands, severely restricts innova tive and objective planning. Such planning must be free from the possibility of unconscious compromise which may arise
through heavy involvement in the other areas of broadcasting
administration.
60
182. As the planning function is the keystone of a properly
structured broadcasting system, it is proposed that translation
of Government strategic policy into detailed plans should be
carried out by a separate independent statutory authority which
concerns itself exclusively with planning and research (social,
economic, technical etc.), as well as the gathering of industry
data necessary for this purpose.
Broadcasting Planning Board
183. It is proposed that an independent statutory body to be
known as the Broadcasting Planning Board (BPB) be established,
with powers and functions summarised as follows:
.. implement Government policy for the development of the
Australian broadcasting system by undertaking detailed
planning for the introduction or extension of broad
casting services in the national, commercial and public sectors, including -. social and economic planning, research and develop ment
. technical planning, research and development,
including determination of stations operating
parameters and the recommendation of operating
frequencies for broadcasting stations
.. assemble industry data relevant to its functions.
184. Some of the key processes involved in the foregoing
responsibilities will require the BPB to:
.. receive all planning requests referred by the Minister
and report on them by an agreed date;
.. receive and respond to planning representations;
.. submit all planning proposals to the Broadcasting
Council for comment (see Section E); and
.. submit all planning proposals to the Minister for his
approval.
61
185. Arising from its exercise of the above responsibilities
and functions, the BPB would also have the right to bring to
the attention of the Minister any matters which it considers
should be taken into account in broadcasting policy formation.
186. The BPB should consist of three full-time members all
of whom should be appointed by the Governor-General. One
member should be appointed as Chai Ïι ~.
187. A person having a direct or indirect pecuniary interest
in the broadcasting industry should not be eligible to be a
member of the BPB because of a possible conflict of respon sibilities .
188. Each member should be appointed for a period not
exceeding five years and should be eligible for reappointment.
189. Two of the three members, being those other than the
Chairman, should assist the Chairman by undertaking functional
responsibilities relating to:
.. research (social, economic etc.)
.. engineering.
190. The Chairman and one other member should constitute a
quorum for meetinc^ of the Board, and the Chairman should have
a casting vote.
Location of the Broadcasting Planning Board
191. The necessary consultation and liaison process of the
BPB would be substantially assisted by the Board being
located in Sydney, which is also the location proposed else
where in this Report for the Broadcasting Council and the
62
Australian Broadcasting Tribunalâ The Head Office of the
Australian Broadcasting Commission, the Federation of Australian
Commercial Television Stations, the Federation of Australian
Radio Broadcasters and the Broadcasting Division of the Postal
and Telecommunications Department are also in Sydney. Each of these bodies would have representation on the Broadcasting Council. (Attachment 20)
192. It is recognised however, that a significant group of
people with engineering and other planning skills are presently
located in Melbourne, and this would present some problems in
relocation. In balance therefore, the Inquiry recommends that
the Broadcasting Planning Board should be located in Melbourne.
Alternative Planning Body
193. As the functions of detailed planning are a natural extension of the processes of policy formulation, the Inquiry
considered at some length the possibility of placing the
planning responsibilities proposed for the Broadcasting Plann
ing Board within the Postal and Telecommunications Department.
194. A number of the major submissions strongly advocated
the separation of the planning function away from a government
department. However, it was also noted that this stand was
often adopted as part of a "total package" approach which
usually placed the major areas of broadcasting control and development (planning, licensing, regulation, administration
etc.) within a single authorityâ Alternative placement of the
planning function alone had not been dealt with in the event
of an allocation of these major responsibilities among
different authorities. In such circ*mstances there may not
have been a strong body of opinion against the planning
function becoming an extension of the strategic policy
responsibilities carried out by the Department.
63
195. There would be slight cost advantages in the Department
taking over the planning role (i.e. by comparison with the costs
of the set up and administration of the Broadcasting Planning
Board), and also some streamlining of the consultative and
liaison processes which would result from the reduction in the
number of authorities involved in broadcasting matters.
196. However, in recognition of the general view that the
more detailed or day-to-day aspects of broadcasting
administration should not fall within the responsibility of
government, the Inquiry has proposed the formation of a
Broadcasting Planning Board. In so doing, it also believes
that it should record the view that the planning function
could be undertaken by the Department, or alternatively by a
Broadcasting Planning Bureau within the Department.
Planning the National Sector (New Stations)
197. The planning of extensions to the national service
will involve assessment of:
(i) need for the service in accordance with public
demand or the general objectives of the sector;
(ii) adequacy of present services in the area;
(iii) availability of spectrum space; and
(iv) economic considerations.
198. It is envisaged that the impetus for new national
services will arise mainly through initiatives of the Government,
submissions by the Australian Broadcasting Commission (ABC)
and representations from the community. The Broadcasting
Planning Board may also take initiatives in this area but,
with the national service, its planning role will be
concerned mainly with the determination of priorities for
64
new stations, the preparation of detailed plans, and the
submission of those plans for comment by the Broadcasting
Council and approval by the Minister. All necessary consul
tation and liaison with the ABC would be undertaken during
the planning process, and the Commission would also have the
opportunity of assessing the final planning proposals through
its membership of the Broadcasting Council.
Planning the Commercial and Public Sectors (New Stations)
199. In the commercial and public sectors, it is anticipated
that initiatives for the establishment of new stations will
largely arise from potential operators themselves in respect
of areas which they feel are of sufficient size to support
an economically viable operation. However, the Broadcasting
Planning Board would also keep other areas under regular
review so that consideration is given from time to time as
to whether additional services should be provided»
200. This process will require careful evaluation of such
matters as:
.. level of demand;
.o adequacy of present services in the area;
.. audience potential;
.. availability of spectrum space; .. financial viability; and
.» effect upon existing services.
Extension or Technical Improvement of Existing Services
201. The Broadcasting Planning Board should be responsible
for planning improvements to the national, commercial and
public services to ensure satisfactory reception of the program
services of all stations within their approved coverage areas.
65
These responsibilities should extend to domestic shortwave
stations and also the overseas service, Radio Australia.
New Kinds of Services (All Sectors)
202. Following announcements of Government policies for the
introduction of new kinds of services (e.g. FM broadcasting,
Pay TV etc.), or the introduction of new technologies (e.g.
cable, satellites etc.) in the national, commercial or public
sectors, the Broadcasting Planning Board will take all of the
actions necessary for implementation of the Government1s
decisions, through to the completion of planning proposals.
Program Planning
203. The Broadcasting Planning Board will have no involvement
in the planning of program formats of the Australian Broad
casting Commission or formats of commercial or public stations.
In recognition of its overall planning responsibilities,
however, it will maintain a statistical overview of the total
programming spectrum of all three sectors in relation to
Government objectives for each sector. This will form part of
the process of ensuring that the programming services of all
three sectors are sufficiently complementary in terms of
providing a range of programming designed to meet, as far as
possible, the diversified interests of a pluralistic Australian society.
204. In carrying out their station programming functions,the
national service, as well as stations in each of the commercial
and public sectors, will be responsible for planning their own
quantitative audience research, and also the more qualitative
research into audience reactions and general acceptance of
6 6
individual programs or categories of programs presented on their
stations. The broadcasters will also have full responsibility
for the production, purchase or commissioning of such programs.
Planning Consultation
205. A number of submissions to the Inquiry dealt with an
absence of "open-ness" in the planning process and the lack of
adequate public and industry knowledge of the broadcasting
plans submitted by the Australian Broadcasting Control Board
for ministerial approvalâ It is the firm view of the Inquiry
that wherever possible, opportunity for public and industry-
comment and advice on broadcasting planning proposals should
be facilitated.
206. With the establishment of a separate Broadcasting
Planning Board which can focus its full attention on planning
matters, the necessary consultative and liaison processes can
be more easily accommodated than was previously the case.
207. Full consultation with the industry would be accompli
shed in meetings of the Broadcasting Council which would be
made up largely of representatives from the national, commercial
and public sectors of broadcasting. Planning proposals
prepared by the Broadcasting Planning Board would be submitted
to meetings of the Council as a standard procedure. Each
sector of the industry would therefore be informed on planning
proposals and have opportunity to offer comment or to debate
the issues involved.
Approval of Planning Proposals
208. Because planning proposals prepared by the Broadcasting
Planning Board have relevance to the Government1s overall
67
communications policy (as dealt with earlier in this Section),
utilise national resources and, in some cases, involve
government funding, it is proposed that the Minister for Post
and Telecommunications should retain his present powers, under
Section 16 of the B & T Act, to approve plans for the develop
ment of the Australian broadcasting system.
209. Accordingly, the Broadcasting Planning Board should be
required to submit all of its planning proposals to the Minister,
accompanied by a summation of comment from the Broadcasting
Council.
210. In the normal course of events the Minister would refer
the proposals to the Postal and Telecommunications Department
for any advice which may be required in terms of the Govern
ment's overall communications policy.
211. The Minister would then accept or reject each planning
proposal of the Broadcasting Planning Board, or return the
proposal to the Board for further consideration. Any revised
plans of the BPB resulting from the Minister's rejection or
return of their earlier proposal would again be submitted to
the Broadcasting Council for further consideration.
212. In the case of the national service, the Minister's
approval would lead to the project being listed for funding
consideration.
213. When commercial or public stations are involved, the
Minister's approval would lead him to invite applications for
the licence in due course, with the applications received
being referred to the Australian Broadcasting Tribunal for
public inquiry and decision on the most suitable applicant
to be granted a licence.
6 8
SECTION G: LICENSING
214. Since broadcasting frequencies are scarce national
resources, and since the control of such frequencies confers
upon broadcasters both a valuable asset and a considerable
measure of public influence, the licensing process must be seen
to be a fair and open one. The Inquiry accepts the view put
forward in every submission which touched on this point that
licensing must proceed by the application of general criteria to
particular cases; there should be no suspicion of undue
influence by any individual or group.
215. The Inquiry also accepts the view put forward in many submissions that the whole of the licensing process is a
legitimate area of public interest. As such, it should be
performed in the course of public inquiries, the proceedings and reports of which are fully available to interested parties.
216. It would also seem to be desirable that the licensing
authority should err on the side of generosity in granting
access to its proceedings. While frivolous or irrelevant sub
missions should be disallowed, there is a very real area of
public concern involved whenever the control of such socially
important commodities as broadcasting licences is to be decided.
Again, it would seem to be desirable that participation in such proceedings should not depend upon sponsorship of a competing
petition. There will be many instances in which those wishing
to make submissions regarding a licence have no consequent
desire, or capacity, to themselves apply for a licensee.
217. A special kind of "licensing" process is required for
the national sector. The ordinary licensing process is clearly an inadequate means of assessing the performance of a body like the Australian Broadcasting Commission (ABC), which is the only
69
true network operator in Australia (both in radio and tele
vision), one of the world's largest broadcasting organisations, and wholly funded by government.
218. The only comparable organisations are the British
Broadcasting Corporation (BBC) and the Canadian Broadcasting
Corporation (CBC), both of which are subject to periodic reviews.
In the case of the BBC, the practice has been to set up a major, independent review of broadcasting at fairly regular intervals
which considers, inter alia, the performance of the BBC in the
preceding period. The BBC is granted a Royal Charter, usually
for twelve years; a Licence and Agreement, drawn up by the
responsible Minister, is subject to approval by Parliament.
Licences for CBC stations are issued by the Canadian Radio
Television and Telecommunications Commission (which is the
licensing authority for all stations) and are subject to renewal
after three years.
219. The Inguiry has carefully considered both examples,
each of which was recommended for adoption in submissions, and
regards neither as a wholly satisfactory system. Indeed, in
neither case do the systems work exactly as described by their
proponents. It is therefore proposed to recommend periodic reviews of the ABC by the same quasi-judicial statutory body which controls the licensing process for stations in the public
and commercial sectors.
220. The Inquiry was impressed with the Australian
Broadcasting Control Board's analysis of its experiences in the licensing field. The Board's submission points out that there are conflicting requirements for licensing and regulation. The
first is a quasi-judicial matter in which the licensing body is best kept aloof from the individual licensees; the latter is
intimately bound up with day to day operation of the industry,
and demands that the regulatory body has close contact with both
70
the licensees and the public. And the Board wrote:
For the above reasons, together with those enumerated elsewhere, especially under licensing, the Board recommends a separation of the administrative and day-to-day regulatory role on the one hand, from the
licensing, standard setting and appeal hearing side, on the other.
221o In line with this approach, the Inquiry envisages a
representative Broadcasting Council performing the regulatory
role and a quasi-judicial Australian Broadcasting Tribunalâ
The Australian Broadcasting Tribunal
222. The Inquiry recommends that the Australian Broadcasting Tribunal be empowered to:
(i) hold public inquiries into -(a) the grant of licences in the commercial and public sectors
(b) the renewal of licences in the commercial and
public sectors
(c) the setting of minimum standards of broadcasting
practice in programming and advertising and the
periodic review of these standards
(d) alleged breaches of licence conditions
(e) the policies and performance of the Australian
Broadcasting Commission
(f ) any aspect of broadcasting referred to it by the
Minister or Broadcasting Council;
(ii) grant, renew, suspend or revoke licences;
(iii) authorise changes in the ownership and control of
licences, whether by lease, transfer or changes in
shareholdings; (iv) impose penalties on licensees as provided in the Act;
(v) prepare and publish reports on all public inquiries;& (vi) assemble industry data relevant to its functions.
71
223. It will be seen that the proposed Tribunal would
perform three specific functions of the present Australian
Broadcasting Control Board - holding public inquiries,
licensing commercial broadcasting stations and setting minimum
standards of broadcasting practice. However, there are also
significant extensions of the ABCB1s functions involved. Firstly,
the Tribunal would license public as well as commercial stations.
Secondly, it would hold public inquiries for the renewal of
licences. Thirdly, it would review the performance of the ABC.
Fourthly, it would assume a number of functions at present
performed by the Minister - specifically, it would grant,
renew, suspend or revoke licences and exercise the powers now
held by the Minister concerning the ownership and control of
licences.
224. The Tribunal would be administratively responsible to
Parliament through the Minister for Post and Telecommunications
and would report annually. In all other respects it should
be seen as independent of the Minister and responsible to
Parliament as the community's representative. The Tribunal may
wish to obtain advice or information from the Broadcasting
Council, the Broadcasting Planning Board or the Department, but
it is suggested that this be provided either as commissioned
research or in the form of submissions to specific public
inquiries. Ideally, the Tribunal would remain aloof both
from the broadcasting industry and from the day-to-day
processes of government. Because it is expected to exercise
substantial powers, decisions of the ABT should be subject
to the Administrative Appeals Tribunal,
72
225. The Inquiry recommends that the Australian Broadcasting
Tribunal should have no less than three and no more than five
full-time members appointed by the Governor-General for terms
of five years, one of whom would be designated Chairman and
another as Vice-Chairman. It is expected that the Tribunal
will be very busy for the first five years, and will initially
require a membership of at least four.
226. There should also be provision for the appointment of
associate members, who would be appointed for the term of a
particular inquiry or inquiries because of their special
knowledge of subjects or areas. Associate Commissioners are
appointed to the Industries Assistance Commission in a similar fashion.
227. Appointments of full members should be staggered, so
that the Tribunal would always retain a pool of experience.
It would be desirable that at least one full member should
sit on any hearing and it would not be necessary for the full
Tribunal to sit unless the importance of the hearing justified this o
228. The Inquiry envisages a support staff of thirty
officers, four of whom would act as personal assistants to the
full members, and suggests that full members might be allotted
functional responsibilities.
229. It is further recommended that wherever possible the
Tribunal should avoid legalism and that any necessary
legislation should contain a provision, similar to Section 21
of the Trade Practices Act 1974, ensuring as little formality
and technicality as is consistent with the requirements of the
legislation and proper consideration of the matters before the
Tribunal. The Tribunal should have the same powers to take
73
evidence on oath, hear matters privately, and accept written
evidence as the Trade Practices Commission, Members of the
Tribunal or persons appearing before it should enjoy the same
protections as those specified for the Trade Practices
Commission.
The Calling of Applications for Licences
230. It is recommended that the Minister should retain his
present power to invite applications for the grant of
commercial radio and television licences and should also
have this power concerning a new class of licence:
public broadcasting licences.
231. The Minister need not only call for applications for
one station, but could also choose to notify that certain
frequencies were available, then call for applications for
licences from those wishing to use them. Having received
applications, the Minister would then refer them to the Tribunal
for public inquiry and grant of licences. It is recommended
that the Minister should be able, when referring applications,
to specify a period within which the Tribunal should grant a
licence or licences.
The Grant of Licences
232. It is recommended that public inquiries by the Tribunal into the grant of licences should be chaired by a full member
and that the chairman of the particular inquiry should have a
casting vote. If the casting vote is used, this should be recorded in the published report and, if desired by the
dissenting member or members, dissenting opinions should also
be recorded in the report.
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233. Applicants should not use legal counsel and the
Tribunal should have discretion to decide which individuals or
organisations should be allowed to appear at the inguiry. There
should be no requirement that those seeking to appear be
applicants for a licence.
234. It would seem to be desirable that applications for
the grant of licences should contain a specific "promise of
performance" by which successful applicants may be judged at
renewal hearings by the Tribunal. Although the particular
components of this "promise of performance" would vary from
radio to television, commercial to public sector, and place
to place, it is expected that the Tribunal would take the
opportunity provided by the first series of hearings to spell
out its criteria for the granting of licences in such a way
that applicants might reasonably seek to meet the standards set.
235. The criteria to be applied for grant of a licence
would be particularly important in the area of public broad
casting. The Inquiry regards public broadcasting as special
interest broadcasting which should not seek to compete
directly for audiences with either the national or public
sectors. It would be of some importance, particularly in the
early years, that the "promise of performance" for public
stations should spell out very clearly the special public, the
area of coverage and the type of program for which the licence
has been granted. It would seem to be at least as important that promises in the area of programs be fulfilled as it is for
the station to conform to the technical requirements of its
licence.
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The Renewal of Licences
236. It is recommended that licences be issued for an
initial period not exceeding five years, then renewed after
public hearings for periods ranging from six months to three
years, as decided by the Tribunal. The presumption at hearings
for renewal of licences should be that the licence will be
renewed. Only if a prima facie case is established for denying
renewal should the licensee be required to defend his
performance during the preceding period. It is hoped that the
Tribunal would quickly establish guidelines for a "petition to
deny", so that both licensees and those wishing to contest
renewals would be able to judge the strength or weakness of their case.
237â The foregoing is not intended to imply that only those
persons seeking to substitute for the licensee should be heard;
as in the hearings for grant of licences, it is recommended that
the measure of a petition's worth should be the strength of the
case presented. To turn everyone seeking to present a case into
an adversary is to distort the whole renewal process.
238. However, should the Tribunal be convinced that the
"promise of performance" made by the licensee has not been met,
or that the licensee has in some other way failed to meet his
obligations, it should be empowered to vary the term of the licence, renew the licence subject to compliance with
directives, or deny renewal.
239. The Inquiry believes that renewal hearings should be held on an area basis, i.e. that all licences in a given area should expire simultaneously and that the hearings should
consider the performance of all radio or television stations, as the case might be, in that area at the same hearing.
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240. It is expected that in, say, the Sydney area the
Tribunal might elect to narrow its focus, so that it would hear
renewals for commercial radio licences on one occasion, and for
commercial TV licences on another. Such a process would also
demand an initial staggering of renewal periods to establish
a series of hearing dates spread over the three year period.
Nevertheless, the Inquiry feels that this is a matter of some
importance. Until all licences in an area are heard
simultaneously, it is inevitable that individual licensees
would feel that the mere setting of a hearing implies
dissatisfaction with their performance; and until the total
program requirements of the audience in that area are assessed
as a whole, it would not be possible for those wishing to
argue for more licences or different (as distinct from better) programs to present a case to the Tribunal.
241. It is recommended that the ABC should not be a respondent at these area licence renewal hearings. However, it
would seem to be desirable that the service provided by the ABC
in the area should also be included in the assessment by the
Tribunal and that these assessments should be taken into account
when the Tribunal carries out its periodic review of the
national service. The findings of the Tribunal in each area should take the form of published reports.
The Setting of Minimum Standards
242. The setting of minimum standards of broadcasting
practice by the Tribunal would provide a firm base for
discussion and development of further standards by broadcasters and the public. While wishing to maximise self-regulation, the
Inquiry recognises that a large number of people (many of whom made submissions) feel that a basic, irreducible core of
standards should be set. This feeling is particularly strong
with regard to two areas: Australian content and advertising.
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243. The Inquiry therefore recommends that the Minister
should direct the Tribunal to hold a public inquiry into
minimum standards of broadcasting practice in programming and
advertising, and that the Tribunal should be empowered
periodically to review these standards. It is envisaged that
the Tribunal might choose to set standards in areas other than
Australian content and advertising, but that it would be
required to set minimum standards at least in these two areas.
The process whereby industry associations would prepare draft
proposals for further standards is discussed in Section Hâ
Breaches of Licence Conditions
244. The Inquiry envisages only very rare occasions on
which the Tribunal would need to consider breaches of licence
conditions, as the regular public renewal process should be
ample safeguard against abuse. However, there must be somewhere
in the system a reserve of authority sufficient to revoke or
suspend a licence if a licensee deliberately and repeatedly
breaches his undertakings. Between renewal hearings,
complaints against licensees would first be heard by the
relevant industry association, then by the Broadcasting Council,
and only if both these failed to resolve the matter would the
Council report to the Minister and refer it to the Tribunal
for decision (see Section H). Even when this process has been
fully played out, the licensee should be entitled to the most
favourable conditions for his defence.
245. Accordingly, the Inquiry recommends that hearings
concerning breach of licence conditions should be conducted by a full Tribunal, consisting of all full members, and that
the Tribunal be required to provide and publish written judge
ments stating the reasons for decisions. These decisions like others made by the ABT would be subject to appeal to the
Administrative Appeals Tribunal.
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Policies and Performance of the ABC
246. Many submissions to the Inquiry commented upon the ABC,
and some commented adversely. However, most expressed an
attitude of proprietary interest in the Commission as the
national element in the Australian broadcasting system and many
showed a deep concern that critical examination might be
transmuted into recommendations which would weaken the ABC's
role and independence.
247. The Inquiry is convinced that the ABC is the corner
stone of the Australian broadcasting system. An innovative
national service, sensitive to changing needs while faithful to
its original service role, is necessary to the success of the
whole broadcasting system as we know it. Nevertheless, national
broadcasting authorities with which the ABC is proud to be
compared, such as the BBC in Britain and the CBC in Canada, are
subject to periodic reviews of their performance. The Inquiry
therefore recommends that the Tribunal should be required to
review and report upon the performance of the ABC initially in 1980, and then at intervals of seven years.
248. The recommendation is consistent with the attitudes of
the Commission itself, which said in its submission to the Inquiry that "it should be publicly accountable, and be seen to
be so". The Commission went on to argue that it should be accountable direct to Parliament, a point of view which the
Inquiry has carefully considered.
249. As suggested in Section A, a constant distinction must
always be made between the structure of the broadcasting system
and the programs which are the output of the system. The structure is clearly a legitimate concern of government and must
remain under the direct control of the Government of the day,
particularly the structure of the national service; however, it
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is not practicable for Parliament as an institution to review
the program performance of one of the world's largest broad
casting services in an informed, continuous, and comprehensive
way.
250. The Tribunal, which has the responsibility for
oversighting the rest of the broadcasting system, is capable of
such a review and the periodic public hearings which it holds
should not be regarded as investigations of the ABC; rather they
should be careful and rational discussions of the Australian
national broadcasting service, of its mandate, its philosophy,
its accomplishments, its future orientations.
Ownership and Control of Licences
251. The provisions governing the ownership and control of
commercial licences in the Broadcasting and Television Act 1942
are extremely complex and cover no less than twenty-five pages of
fine print. It must be doubted whether most broadcasters have
ever read, let alone understood, them. Yet their intention is
simply to limit the number of commercial broadcasting licences
that any one person or organisation may control and to prevent
the control of such licences by non-residents of Australia.
252. The Inquiry does not suggest that any form of words
it puts forward can meet what is clearly an extremely difficult
drafting requirement. However, it recommends that the Australian Broadcasting Tribunal be given substantial
discretionary powers in matters relating to ownership and control
of licences, both commercial and public. These discretionary powers should not allow any relaxation of the limitations of interests as defined in the Act, but should give the Tribunal
sufficient flexibility to determine that limits have been
breached outside the constraints of a literal interpretation of
the Act. Perhaps the best example that can be given is that
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the Tribunal might have discretion to aggregate the interests
of members of the same family and close business associates when
assessing a "prescribed interest" or "control" of a company.
253. The Inquiry recommends that the Tribunal be given all
the powers presently available to either the Minister or the
Australian Broadcasting Control Board in the area of ownership
and control of licences. To these should be added a requirement
that the Tribunal keep a register containing material relating
to ownership and control of licences which is available to it,
similar to the requirement in Section 95 of the Trade Practices
Act 1974. There should also be provision for inspection of this register by the public, as in Section 165 of the same Act.
254. Finally, if the Tribunal is given the powers presently
available to the Minister in this area, these will include the
power to grant or refuse approval to proposed changes in the
ownership of shares in companies_ holding a prescribed interest
in a licence, or changes in the Memorandum or Articles of
Association of companies holding a licence. It is recommended
that provision be made for persons proposing to acquire shares,
the acquisition of which may affect a prescribed interest in a
licence, or proposing to change such Memorandum and Articles, to give notice to the Tribunal, and for the Tribunal to give
notice in writing stating whether such an acquisition would in its judgement breach the ownership and control provisions of the
Broadcasting and Television Act 1942. Similar provisions exist
in Section 94 of the Trade Practices Act 1974.
255. As discussed in Section M, the licensing of public broadcasters will require substantial additions to the law. In this context it is only necessary to say that public broadcasting
licences, since they are granted on the basis of serving special publics on a non-profit basis, must necessarily place great
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emphasis upon fidelity of purpose. The Tribunal should regard
departure from either the licensee's "promise of performance"
or the original ownership and control as matters requiring
automatic revocation of the licence, even if it is later
re-issued to substantially the same licensee.
Location of the Australian Broadcasting Tribunal
256. Of necessity, members of the Tribunal will be
constantly moving about Australia for inquiries. The Inquiry
believes that the Tribunal's base should be in Sydney for the
reasons set out in Attachment 20.
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SECTION H: REGULATION
257. It was argued in Section E that government regulation
of broadcasting was justified on the grounds of the scarcity
of frequencies, the influence of the broadcast media and
public ownership of the airwaves. Such a position necessarily
implies governmental involvement in the licensing process, but
implies no specific attitude to the regulation of the system.
Regulation by which is meant administration of the industry
and the setting and application of standards - is essentially
a process depending upon a series of value judgements. Since
these judgements will differ from one individual to another,
it can therefore be persuasively argued that the form of
regulation adopted by a society reflects with some accuracy its own self image.
258. As a democratic society accepting the multiplicity of
values which compete for allegiance in a modern nation state,
Australia tolerates a great deal of difference among its
citizens. They are required to conform in many ways, but in
the realm of ideas and opinion the area of choice allowed to
individuals is at least as wide as in most comparable countries.
It would therefore seem appropriate, especially in an area so
crucial to the formation and dissemination of ideas as broad
casting, to fashion procedures for regulating the behaviour of
broadcasters which maximise freedom of choice.
259. This point of view was put with considerable force by
the organisations representing broadcasters in all three
sectors - national, commercial and public. Broadcasters will
be seen to be true professionals and held to be responsible for their profession, they said, only when they themselves are
seen to be setting its standards of behaviour. The Federation of Australian Commercial Television Stations wrote:
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There is an underlying sense of bureaucratic paternalism in a system which permits the regulatory agency the right to determine what is good for the community, the right to decide what the community ought to have irrespective of what the community may actually want. This concept is all the more questionable when it is the broadcaster who must stand or fall according to the community's response to his programming and not the agency.
The regulatory agency in question is the Australian Broadcasting
Control Board (ABCB) which also accepts this point of view and
itself argued strongly for a system of professional self
regulation:
By whatever methods are feasible, the growth of self-regulation should be fostered. This should apply equally to industry self-regulation through bodies such as FACTS, FARE and PBAA (thus becoming more comparable with the ABC's own internal management of its stations) and to other professional bodies covering those who work in the industry...
260. The powers which the Board presently holds in the area
of program standards stem from the debate over the introduction
of television, some twenty years ago. Until 1956 broadcasting
was virtually self-regulatory, with the responsible department
and then the Board issuing guidelines to stations as specific
new questions arose. However, the Royal Commission on
Television, 1954, was persuaded that self-regulation would
not ensure programs of a sufficiently high standard on
commercial television and argued for a "reserve of authority"
which could be invoked by the ABCB when it could not reach
agreement with licensees on program standards. The result was
a new provision in the Act stipulating that licensees should
provide programs "in accordance with standards determined by the Board". This has applied not only to television, but also
to radio since 1956.
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261. Regulation, as practised by the ABCB, covers a wide
diversity of matters some of which are not readily identifiable
as concerned with technical or program standards. In its
submission, the Board listed the following as an indicative,
but not exhaustive, list (it is drawn from recent Board agenda):
. . Technical matters -. adherence to technical standards
. station coverage
. qualifications of operating personnel
. station operating conditions
.. Australian content -. monitoring of levels
. allocation of points under the points system
.. Program standards -. receiving and handling complaints from the public
. monitoring of programs
. liaison with licensees
.. Advertising -
. monitoring
. liaison with industry (advertisers and licensees)
.. Meetings with industry bodies, including industry associations and unions
.. Administration of electoral provisions of the Act
.. Ownership and control regulations -. monitoring, advising on share transfers
.. Miscellaneous -. allocation of call signs
. times of station services
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262. The Inquiry was impressed by the number of submissions
from the industry itself, the ABCB and the interested public
advocating self-regulation. It believes that minimum standards
of broadcasting practice must remain the responsibility of a
statutory body, and provision was made for this in Section G.
However, it is also possible for regulations to proliferate to
the point where they begin to defeat their original purpose.
(An example of regulations which no longer meet the
requirements of the system is the "points system".)
263. Accordingly, the Inquiry has approached the task of
suggesting procedures for the regulation of broadcasting with
the intention of maximising the involvement of the broadcasters
themselves, both in the setting of standards and in their
application. A great deal is already expected of broadcasters;
they should be given the opportunity to do even more.
Broadcasting Council
264. As set out in Section Î , the Inquiry recommends the
establishment of a statutory authority in the area of regulation,
to be called the Broadcasting Council, which would be empowered to:
(i) consider and comment on planning proposals for the
introduction, extension or development of broadcasting services;
(ii) overview the administration of standards as defined
in codes of broadcasting practice set out by the
industry;
(iii) receive and respond to complaints on the administration of standards;
(iv) liaise with the broadcasting industry, the public and other interested parties;
8 6
(v) assemble industry data relevant to its functions.
265. It will be seen that the proposed Council would
perform many of the functions presently attributed to the
ABCB in the field of regulation. However, in two important
respects the Council would differ radically from the Board.
Firstly, a majority of its members would be representatives
of the broadcasters. Secondly, it would not set standards
although it would administer them.
266. The Inquiry envisages a positive role for the Broad
casting Council in developing codes of broadcasting practice and
policing standards. It believes that one of the factors
preventing the ABCB from fully developing its role as a focal
point for the industry in this area is that it has been
perceived by broadcasters primarily as a government agency.
The intention is that a Broadcasting Council should be seen
as the broadcasters' representative, which would encourage
approaches from those in the industry whether the subject
concerned is planning, licensing or regulation of broadcasting.
267. The Broadcasting Council should be administratively
responsible to Parliament through the Minister for Post and
Telecommunications and should report annually. Since its
functions are intended to be representative rather than
executive, its members would be expected to remain actively
involved with the industry. Broadcasters should regard the
Council as an extension of their own industry associations,
representing them at the national level of the whole broadcast ing system.
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268. The Inquiry recommends that the Broadcasting Council
should have nine part-time Councillors appointed by the
Governor-General; an independent Chairman, elected for a
maximum of five years; two Councillors to represent the national
sector; two to represent the commercial sector; two to represent
the public sector; and, two officials from the Postal and
Telecommunications Department. The representative members
should be chosen from among persons whose names have been
submitted by the following organisations:
The Australian Broadcasting Commission (ABC) (2)
The Federation of Australian Radio Broadcasters (FARE) (1)
The Federation of Australian Commercial Television
Stations (FACTS) (1)
The Public Broadcasting Association of Australia (PBAA) (2)
269. It is proposed that the relevant provisions in
legislation should be similar to Section 5 of the Dairy Produce
Act 1975. It is also proposed that members should be part-time,
holding office until nomination is withdrawn by the body they
represent, and that each member of the Council might elect to
serve on either or both of two committees: a Planning and
Standards Committee and a Technical Liaison Committee (they
might also nominate alternates for these Committees). The
Inquiry envisages a support staff of twelve officers.
270. The system as described represents a fundamental change
in approach to the regulation of broadcasting and this carries
with it important implications for staffing and structure.
Perhaps the most striking example is in the continuous program
inspection and monitoring presently performed by the ABCB.
Under a system of self-regulation, the state offices of the
ABCB, which exist almost wholly for purposes of this "control"
8 8
function, would become redundant. Accordingly, the Inquiry
recommends that the Broadcasting Council have no state office
organisation and perform no random monitoring of broadcasts.
It is estimated that eliminating monitoring activities will
lead to savings of some $500,000 a full year and will release
approximately 30 officers for other duties.
271. It further recommends that the provisions of the
legislation be widened from those set out, e.g., in Sections 99
and 117A of the Broadcasting and Television Act 1942 (B & T Act),
in order to provide that both the ABC and licensees be required
to cause a recording to be made of all programs broadcast or,
if the programs are televised, of the programs in so far as
they consist of sound. There should also be provision for such
recordings to be retained by the Commission or licensees for
six weeks, or longer if directed by the Broadcasting Council,
and for these recordings to be made available to either the
Council or any court on receipt of a notice in writing. The
technical quality of these recordings should meet the standards
set by the Postal and Telecommunications Department. This
recommendation and further detailed proposals for legislation
are set out in Section M.
272. The staffing and financing of the new bodies, as
compared with the ABCB, are considered in detail in Attachment
15.
Planning Proposals
273. The proposed Council's functions relating to planning
are discussed in Section F.
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Administration of Program Standards
274. The Inquiry envisages a system for setting program
standards as follows:
(i) the Minister directs the Australian Broadcasting
Tribunal to hold a public inquiry into broadcasting
standards. The terms of reference of the inquiry
require that it should set minimum program and
advertising standards;
(ii) the Tribunal invites the ABC, FARB, FACTS and the
PBAA to prepare and submit to it draft proposals for
minimum program and advertising standards. It also
invites submissions from other interested parties;
(iii) the Tribunal holds a public inquiry, and, in due
course, sets minimum program and advertising standards;
(iv) the Council, in turn, refers these minimum program
and advertising standards to the industry
associations it represents with the request that they
be used as a base from which each sector should
develop and publish its own code of broadcasting
practice;
(v) the industry associations provide the Council with
codes of broadcasting practice for each sector.
275. The Inquiry sees these codes of broadcasting practice
as analogous to those developed by the National Association of
Broadcasters (NAB) in the United States of America. (The NAB
Television Code and NAB Radio Code cover the same general areas
as the present ABCB standards but are developed and adopted
by the broadcasters themselves). However, as stated above, the Inquiry sees no continuous program inspection or monitoring
function for the Council.
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Complaints Procedure
276. The Inquiry examined the functioning of Complaints
Commissions and similar bodies in several other countries.
Although these have some very attractive features, it was
finally decided that to set up such a body would be to depart
substantially from the concept of self-regulation. The precise
way in which a complaint should be handled in the system
recommended by the Inquiry would depend initially upon the
complainant, e.g. matters regarded as being of major
importance could be placed directly before the Broadcasting
Council. In the ordinary course of events, however, it is
expected that complaints would first go to the relevant
industry association for consideration. The complaint would then be processed as follows:
(i) the industry association (ABC, FARE, FACTS, PBAA)
attempts to meet the complaint; if it fails, (ii) the Broadcasting Council considers the complaint
and records the matter in its public register. If it
fails to resolve the complaint, it publishes its
findings and submits a report to the Australian
Broadcasting Tribunal;
(iii) the Tribunal may then decide to -(a) take disciplinary action, e.g. reprimand the
station, or note the matter for consideration
at the next licence renewal hearing (or periodic review of the ABC),
(b) hold a public inquiry on the complaint, then
(c) suspend/revoke the licence, or
(d) dismiss the complaint.
Whatever its findings, it is suggested that the Tribunal should
publish a report; similarly, it is suggested that the Council
should keep a public register of all complaints, annotated with
the action (if any) taken as a result of the complaint.
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277. The Inquiry believes that the use of such a complaints
procedure will not only satisfy those members of the public
who wish to complain, but substantially reduce the number of
representations made through the Minister and the Parliament.
Review of Self-Regulation
278. Self-regulation will prove to be successful only if
broadcasters are willing and able to be professionally
responsible. The Inquiry expects that they will be shown to
be just that. However, since self-regulation represents
such an important step, it recommends that its progress
should be reviewed at the end of the first three years by the
Australian Broadcasting Tribunal and that the Tribunal should
recommend any changes in procedures it considers necessary.
Administration of Technical Standards
279. The Inquiry regards the administration of technical
standards as largely a matter for broadcasters themselves,
although the initial setting of technical standards and the
regulation and control of interference is regarded as a proper
concern of the Postal and Telecommunications Department. The
topic is discussed in detail in Section I.
Liaison with the Industry, the Public and Others
280. As mentioned earlier in this Section, the Inquiry
expects that a Council of the kind it envisages would remain
actively involved with industry. Indeed, if it failed to do
so there would be no point in having set up such an authority. However, the Council would be expected to do rather more than
simply represent the collective industry in planning and
program standards matters. The Inquiry believes that a body
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such as has been described would be a valuable bridge between
the industry, government and other interested parties · act
as a contact point for all those interested in understanding a
highly complex broadcasting system ; and serve as a means of
collecting and disseminating authoritative industry data.
Industry Data
281. A very real problem for those concerned with policy
making in the area of broadcasting has been the lack of
up-to-date, reliable and comprehensive industry data. There
are, of course, difficulties in collecting the raw material
for this, from the confidential nature of, say, financial
information, to the commitment of time and energy required of
those who have to answer questions. Nevertheless, accurate,
authoritative, comparative data is of crucial importance. The
Inquiry therefore recommends that the ABT, the BPB and the
Council be empowered to collect data relevant to their functions.
In particular, the ABT should be empowered to require licensees
to provide financial accounts in respect of the operations of
their stations in the same way that this is now required of
them under Section 106 of the B & T Act. Wherever it can be
done without commercial disadvantage to individual licensees,
the Inquiry believes that this material should be published.
Exchange of Information
282. Perhaps the most important single user of industry·'
information, outside the statutory bodies, would be the
Postal and Telecommunications Department, whose functions
require it to advise the Minister, and therefore the Government,
on communications policy. It should be clearly noted that a
considerable amount of information in aggregated form will be
required and it is recommended that the provision of such
information to the Department be made a statutory obligation of all three bodies.
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Ownership and Control of Licences
283. This matter has already been discussed in Section G.
The Inquiry does not regard ownership and control provisions
as relevant to a regulatory body and has recommended that all
such provisions be within the purview of the Australian
Broadcasting Tribunal.
Location of the Broadcasting Council
284. Since the Council is representative of broadcasters,
it should be located in the same city as the broadcasting
industry associations and the ABC, i.e., Sydney. Material
relevant to this point is at Attachment 20.
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SECTION I: ENGINEERING ISSUES
285. Any investigation into the Australian broadcasting
system requires a detailed examination of the administration of
broadcast engineering. In looking at the system, the Inquiry
has isolated several major areas in the field of engineering for consideration: engineering resources and responsibilities, the
provision and operation of national transmitters, the
administration of technical standards and the handling of interference and reception problems.
286. It has not been possible, in considering these matters, to deal solely with broadcast engineering. It has been· necessary to give consideration to its relationship with radio
communications engineering generally, because all forms of communication make demands upon the radio frequency spectrum.
Present Engineering Resources and Responsibilities
287. Under present arrangements the administration of
broadcast engineering functions is divided amongst the Australian Broadcasting Control Board (ABCB), the Australian
Telecommunications Commission (Telecom), the Australian Broadcasting Commission (ABC) and the Postal and Tele
communications Department.
288. The management of the radio frequency spectrum is the responsibility of the Department, which allocates bands of
frequencies for broadcasting and non-broadcasting purposes. The
Department is further responsible for the allocation of individual frequencies for non-broadcasting uses and the ABCB is
responsible for the allocation of individual frequencies for
radio and television services.
289. Technical planning and the determination of technical
95
standards for all broadcasting services are conducted by the
ABCB.
290. The provision, operation and maintenance of trans
mitting facilities for the national service is the responsibility
of Telecom. The Department co-ordinates preparation of the
annual estimates of expenditure for these facilities.
291. The provision, operation and maintenance of studio
facilities for the national service is the responsibility of the ABC.
292. Field studies relating to interference problems,
reception difficulties and associated broadcasting matters are
the responsibility of the ABCB under the Broadcasting and Television Act 1942 ( B & T Act). However, due to the existence
of appropriate resources within the Department to investigate
interference problems, it has been the practice for the ABCB to
contract these studies out to the Radio Frequency Management
Division of the Department, which has similar responsibilities
in the non-broadcasting area of radiocommunications.
293. Research and development into technical matters are
conducted at present by the ABCB and the ABC in regard to system
hardware and the ABCB and Telecom in regard to pure research into propagation, modulation methods etc.
294. The planning, establishment, operation and maintenance
of broadcast relay facilities is carried out by Telecom.
295. At present, there is no statutory requirement for the formulation of technical standards for consumer equipment.
However, the ABCB, in liaison with the broadcasting industry,
has developed appropriate standards on an informal basis. In
recent years, the Standards Association of Australia has also
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produced standards for certain types of broadcasting hardware.
296. As stated in Section F, strategic policy for the development of the Australian broadcasting system is the
responsibility of the Government and any necessary international
liaison with the International Telecommunication Union or other bodies is conducted by the Department.
Resulting Deficiencies
297. Full consideration of the technical aspects of each
problem is vital to the provision and operation of program
generating and transmitting facilities, and also to spectrum
planning, system and equipment development and the evolution of
new broadcasting services of the future.
298. Many of the submissions to the Inquiry comment on the inadequacy of the present arrangements for managing the technical aspects of broadcasting.
299. Fragmentation of engineering responsibilities has led to piecemeal, ad hoc decisions and policy formulation, and caused confusion and frustration amongst broadcast engineering
personnel. Such problems are a serious handicap to the further technological development of broadcasting.
300. A dominant theme in the submissions has been that successful planning of future extensions and improvements to the
Australian broadcasting system is dependent upon satisfactory
arrangements being made to utilise, in the most efficient manner,
the limited professional engineering resources available to the Commonwealth Government.
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Effect of Future Technical Developments
301. The Inquiry believes that any consideration of changes
to present arrangements for the management of engineering
functions must be made against a background of impending
developments in technology which will change the transmission
methods used in the broadcasting system.
302. Ultimately, the development of satellite and cable
distribution systems will make present methods of broadcast
transmission largely obsolescent. Inasmuch as these developments
in Australia are likely to occur within the context of a total
new communications network, it is probable that such systems will
be developed as national initiatives and will remain under government control in much the same way as present communications
services such as telephonic and telegraphic services. The
development of these systems could possibly obviate the need for
separate transmission facilities for each broadcasting station
and, in the future, licensees would, as the originators of
program material, need only own and operate studio facilities for
the making of programs. These would be fed into the common
carrier network and then distributed by cable or by satellite.
In the long term, therefore, the Inquiry believes that if the above predictions are realised, it will be necessary for the
Government to provide transmission and distribution facilities
for all broadcasting services.
303. As we progress towards this system, the Inquiry believes
there is great advantage in developing within the traditional
broadcast system the beginnings of common transmission
facilities. This has already happened to the extent that some 70
transmitter installations are presently shared by national and
commercial services. Further opportunities to rationalise trans
mitter establishment and operation costs, and to maximise
effective use of the spectrum, will occur with the impending
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development of VHF sound and UHF television services.
304. There are immediate technical, economic and environ
mental advantages to be gained from encouraging the development of common transmitting facilities amongst broadcasters. These are:
.. it would allow more efficient management of the
technical aspects of broadcasting, particularly in regard to the use of directional aerials and
more effective utilisation of available spectrum space;
.. it would ease the cost burden on commercial and public broadcasters who otherwise would face ever
rising costs in regard to more and more sophisticated transmission facilities; and
.. it would remove the necessity for a proliferation of broadcasting antennae, particularly in view of
the impending developments in VHF sound and UHF
television.
305. As the Government is required to provide transmission
facilities for the national service in any case, the Inquiry believes that there would be advantage to all broadcasters if
such facilities could be adapted in due course to serve all
sectors of the broadcasting system.
306. In the short term, the Inquiry does not recommend that
existing transmission facilities of commercial and public broadcasters be acquired by government but that, as opportunity arises, and in consultation with the broadcasting industry,
centralised transmission facilities be made available for the
use of all sectors.
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307. Some commercial broadcasters feared that this could lead
to a system similar to that applying in the UK and that the
Government would acquire a more direct and immediate control of
broadcasting through its control of centralised facilities. The
commercial stations also expressed the reservation that
industrial action on the part of technicians employed on
government-owned transmitters would automatically affect their
interests. The Inquiry, while acknowledging that these views
have some validity, believes that in the long term the benefits
outlined above outweigh the objections of the commercial
broadcasters.
Provision and Operation of National Transmitters
308. Under the present system, responsibility for design,
procurement, installation, operation and maintenance of national
transmitters rests with Telecom. The Inquiry believes that this
responsibility is not consistent with the major function of
Telecom, i.e. as the common carrier in the provision of tele
communications services.
309. As a first step towards the Commonwealth Government
providing and operating all transmission facilities, the Inquiry
recommends that responsibility for the national transmitters be
transferred from Telecom to the Postal and Telecommunications Department.
310. The design, procurement and installation function
associated with national transmitters could be readily trans
ferred from Telecom to the Department. However, the widespread
distribution of the transmitting facilities, and the difficulty of separating the broadcast work from general telecommunications activity in many areas, will require careful planning of the
transfer of the operating and maintenance work, and some years
may elapse before this change can be fully accomplished.
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311. In this interim period the Inquiry proposes that:
(i) the ABC should have responsibility for operation
and maintenance of national transmitters on
behalf of the Department;
(ii) the ABC should request Telecom to continue its
present "operate and maintain" functions on a contract basis until the ABC is ready to assume
the responsibility on an area by area basis.
312. Although the transfer of the responsibility for this
work can and should be undertaken immediately, the actual time table for the transfer should only be undertaken after
consultation with the Public Service Board, Telecom, the ABC and
the staff involved. It is proposed that the Department should
arrange these consultations and co-ordinate other transitional processes.
Technical Standards
313. There are three major sub-divisions of the standards
required to control the technical performance of the Australian broadcasting system:
(i) System standards which set the required transmission
standards for the total system and which are necessary to ensure compatibility between the
various separate sections of the chain which
exists between the originating program generating
equipment and the final receiving equipment in a
home. These standards are necessarily derived
from international standards for broadcasting
systems.
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(ii) Station Equipment Standards which set the
technical performance requirements for individual
items of equipment and for combinations of such
equipment as sub-systems. The station equipment
standards should also desirably set standards of
reliability for technical plant, operating
practices, testing methods, etc.
(iii) Consumer Equipment Standards which should apply
to the performance of radio and television
receivers and other equipment used by the general public.
314. Under the present situation, the ABCB is responsible for
formulating and regulating technical standards for broadcasters.
The Postal and Telecommunications Department is responsible for
formulating and regulating technical standards for all other radio services. The Inquiry believes that there would be more
effective use of engineering resources if the administration of
all technical standards for all radio users was placed with one
body, and this should be the Department.
315. It is proposed that the Department should co-ordinate
the setting of minimum technical standards in consultation with
the Broadcasting Council and after liaison with equipment and
receiver manufacturers and other interested parties, to the
point where these become the minimum technical requirements for all broadcasters.
Regulation of Standards
316. The Inquiry has argued in earlier sections of this Report that the most desirable procedure for the regulation of
program and advertising standards is self-regulation. The Inquiry believes that the same principle should apply as far as
possible in the regulation of technical standards, except
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inasmuch as the standards adopted by one radio user may affect the activities of another radio user.
317. It is anticipated under this proposal for a high degree
of self-regulation, that government regulation of technical
standards will be limited mainly to problems of interference
between radio users and to cases of departures from transmission
standards which lead to difficulty in the operation of receivers. This will result in a substantial reduction in the technical
workload within the government area.
318. In the case of system standards, a substantial amount
of self-regulation already exists as individual stations must
work closely within the established standards if compatibility of
successive stages of the transmission chain, as well as picture
or sound quality acceptable to the public, are to be achieved.
319. It is the view of the Inquiry that the regulation of
station equipment standards can be left in the hands of station
operators to a much greater extent than is the case at present, with the major government involvement being the undertaking of
type approval measurements on individual items of equipment and
intervention by departmental field staff in the case of mal practice which harms other broadcasting or non-broadcasting
radio spectrum users or which causes degradation in the -quality
of reception by the public.
320. Again, in the case of receiver standards, the major
government regulatory role would be to undertake type certifica tion measurements on receivers being offered for sale in
Australia and, by field studies, detection of offending receivers
in the case of interference to reception from excessive local oscillator radiation.
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321. At present there are no statutory requirements for
technical standards for consumer equipment. The Inquiry believes
that it is highly desirable that some measure of protection be
afforded to broadcast consumers in this area. This is a matter
which will require further detailed study but it is proposed
that the principle be accepted and that appropriate legislation
be prepared.
Interference and Reception
322. In the past, responsibility for dealing with problems
of interference and reception difficulties in broadcasting has
rested with the ABCB. In practice, however, the ABCB has
arranged for the interference work to be carried out by the
Department, using staff engaged on similar field work. It is
proposed that, under the new arrangements for broadcast
engineering, these responsibilities continue to be undertaken by the Department.
323. It is also intended that, where the Broadcasting Planning Board requires studies of interference and reception
problems as part of its planning activities, the Department will
undertake field studies and field strength surveys for the Planning Board.
Qualifications of Operating Staff
324. In conformity with the requirements of the International Radio Regulations, Australia has always ensured that all
technical personnel taking responsibility for the operation of
transmitting facilities used for the radiation of radio and television transmissions are suitably qualified.
325. All such technical personnel are required to have passed (or, by virtue of their possession of equal or superior
qualification, to have been exempted from the need to pass) the
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Broadcast Station Operators Certificate of Proficiency (BCOP) or
the Television Station Operators Certificate of Proficiency (TVOCP).
326. At present the BCOP examination is conducted by the
Department (within the group conducting the other examinations
required for other classes of radio operators) on behalf of the
ABCB, while the TVOCP is conducted by the ABCB.
327. It is the view of the Inquiry that the responsibility
for the conducting of both examinations should be assigned to
the Postal and Telecommunications Department, along with
responsibility for issuing appropriate certificates to technical
personnel who have passed or been exempted from these examinations.
328. Consideration should also be given to the possibility
of arranging for appropriate technical qualifications to be
gained through existing technical educational facilities.
Rationalisation of Resources and Responsibilities
329. Having regard to the nature of government involvement
in broadcasting, and also to the underlying policies as adopted
throughout this Report, the Inquiry believes that the most important single requirement in remedying the deficiencies in
the management of the technical aspects of broadcasting is to
join the engineering groups working on broadcasting within the
ABCB, Telecom, the ABC and the Postal and Telecommunications Department into the smallest possible number of engineering
groups. The Inquiry considers that this would have the
additional benefit of providing a more satisfactory career structure for government broadcast engineering personnel.
105
330. There are certain technical functions which either must
be, or most desirably should be, the responsibility of a
Department of State. These include:
(i) spectrum management;
(ii) international co-ordination of Australian
broadcasting activities such as membership of the
United Nations agencies, ITU etc.;
(iii) strategic technical planning of the broadcasting
service as an element of Australian communication
policy;
(iv) strategic technical planning for the inter
national broadcasting service, Radio Australia.
331. In addition, the Inquiry proposes that the establishment
and operation of national transmitters should in the long term be
a Departmental function.
332. This proposal stems from the view, expressed
previously, that it will ultimately be necessary for the Common
wealth Government to provide and operate common transmitting
facilities to radiate the programs of all services to a particular area. It is believed that, under this arrangement,
the ABC will come closer to total management of its own operating
resources.
333. The Inquiry believes that the separation of the
technical administration of broadcasting from the technical administration of radiocommunications generally has been a most
wasteful and ineffective application of resources. It is felt
that impending developments in communications will necessitate
a greater degree of interaction between broadcasting, radio
communications and telecommunications.
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334. Consideration of all these factors leads the Inquiry to
the view that major broadcast engineering groups should be located as follows:
(i)
(ii)
335.
engineering resources to be available to:
(i) the Broadcasting Planning Board for technical
planning purposes;
(ii) the ABC for use in the operation and maintenance
of national transmitters.
336. Accordingly, it is proposed that such engineering
personnel would be drawn from departmental sources and outposted to those bodies. This would be a somewhat comparable arrangement to that which applies within some Government Departments where
legal officers are outposted from the Attorney-General's Department.
Summary of Proposed Allocation of Engineering Responsibilities
Postal and Telecommunications Department
337. The Inquiry has considered carefully the role which the Department should play in the administration of the technical
functions associated with broadcasting and proposes it should be:
the existing studio engineering staff of the ABC
should remain with the Commission as they are
essential to its present role of generating the
national television and radio program services;
all other Commonwealth Government broadcast
engineering staff should be located organisationally within the Department.
The Inquiry recognises, however, the need for
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(i) responsibility for policy including international
liaison through the International Telecommunication
Union and other bodies;
(ii) radio frequency management including the allocation
of frequency bands for broadcasting and all other
purposes. In the case of broadcasting stations it
is proposed that, in addition to the grant of a
licence by the Australian Broadcasting Tribunal, a
frequency warrant for the operation of the station
on a particular radio frequency channel should be
issued by the Minister.
The channel to be used would be recommended by the
Broadcasting Planning Board to the Department and
also considered in the course of the Broadcasting Council's study of the Broadcasting Planning Board's
proposals for new stations (or amendments to the
operating parameters of existing stations) and, in
the case of commercial and public stations, the issue of the frequency warrant by the Minister
would follow a recommendation from the Australian Broadcasting Tribunal;
(iii) overall responsibility for technical standards
within the broadcasting area. These standards
include system standards, equipment standards, station operating standards and performance
standards for consumer equipment. Technical
standards would be set in consultation with the Broadcasting Council and the various areas of the
industry;
(iv) design, procurement and installation of national
transmitters. For an interim period, the management of operation and maintenance functions will be
undertaken by the ABC on behalf of the Department (see paragraphs 308-312);
1 0 8
(v) provision of capital program funds in the case of
the transmitting facilities for the national
service. (Until the ABC assumes responsibility
for operation and maintenance of the transmitters, funds covering those activities may also need to
be administered by the Department);
(vi) field studies for the Broadcasting Planning Board
in connection with the establishment of new
stations and upon representation from the public
in the case of interference to reception of
broadcasting services; and
(vii) initiation and oversight of pure research into propagation, modulation methods, etc. in
connection with the evolution of new broadcasting technology.
Australian Broadcasting Control Board
338. With the proposed replacement of the ABCB by the
Australian Broadcasting Tribunal and the Broadcasting Planning Board, the existing technical planning functions of the ABCB
would be transferred to the Broadcasting Planning Board. Other
technical functions would, as indicated above, go to the Department.
Telecom
339. It is the recommendation of the Inquiry that the
existing Telecom responsibilities for engineering work in broadcasting be transferred to the Department (with the ABC
undertaking the operation and maintenance of transmitters), and that the specialist staff involved on this work be transferred to the Department and outposted to the ABC in the case of transmitter operations.
109
340. As a number of Telecom engineers directing construction,
operation and maintenance of national transmitters are located
in Melbourne, it is recommended that the ABC personnel on this
work also be located in Melbourne. Those engineers involved in
this aspect of engineering in State offices of Telecom would
remain in the States but would be attached to the ABC State
offices.
341. Apart from the engineering and technical grade staff
involved on broadcasting work in Telecom, the Inquiry became
aware of a special group of administrative officers concerned
with the control of the funds appropriated for the implementing
of capital works programs in the national service and for the
operation and maintenance of the existing stations.
342. Because of the special expertise of this staff, the
Inquiry believes they should also be transferred to the
Department and/or to the ABC. If any difficulties arise in
transferring the officers concerned, consideration might be
given to their temporary secondment until the necessary
expertise is built up within the Department.
343. The Inquiry strongly recommends that part-time broadcasting activities undertaken by general Telecom staff in
remote areas continue as at present, but on behalf of the ABC
and the Department, and that the methods, including timing of the transfer of Telecom staff exclusively associated with broadcast
ing work, be studied very carefully to avoid unnecessary
transfers. These studies should include consultations with the Public Service Board, Telecom and the ABC and should be convened by the Department.
110
Australian Broadcasting Commission
344. It is proposed that the ABC retain responsibility for
technical aspects of program generation, as at present, and studio engineering staff.
345. The Inquiry recommends that the Commission manage the
operation and maintenance of national transmitters on behalf of
the Department. It recommends that this responsibility should
include the preparation of estimates and management of funds involved in this task.
Broadcasting Planning Board
346. As discussed under the heading "Rationalisation of Resources and Responsibilities", the Inquiry sees the need for a small group of engineers and technical staff from the Department
to be attached to the Broadcasting Planning Board. The BPB will
have responsibilities for:
(i) technical planning for all services, including
the development of plans and programs for the
extension or improvement of existing broadcasting
services. Field tests for proposed new services
as required by the BPB engineering staff would be
undertaken by field staff of the Postal and Telecommunications Department;
(ii) establishment of operating parameters for all new
stations and for changes in the parameters of
existing stations.
(iii) applied research and development of systems and equipment. The responsibility for this work should be vested in the BPB which would commission studies
within Government areas, private contractors, tertiary educational institutions etc., to ensure
the logical and appropriate technological
111
development of the Australian broadcasting system.
Broadcasting Council
347. It is proposed that the Broadcasting Council would be
consulted on the administration of technical standards for
broadcasters formulated by the Department.
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SECTION J: AUSTRALIAN BROADCASTING COMMISSION ISSUES
Composition of the Commission
348. The Broadcasting and Television Act 1942 ( B & T Act)
currently provides in Section 31 that the Australian Broadcasting Commission (ABC) shall consist of nine Commissioners, at least
one of whom shall be a woman.
349. All of the present Commissioners were appointed for a
period of three years to the following dates:
Mr Kevin Jacobsen
Mr Albert Harris
Mrs Concetta Benn
Prof. Richard Harding
Mr Marius Webb
Mr Thomas Smith
Mr Laurence Short Sir Henry Bland (Chairman)
6 September 1977
6 September 1977
22 July 1978
22 October 1978
22 October 1978
15 January 1978
11 February 1979
25 July 1979
350. The position of Vice-Chairman has remained vacant since Dr Earle Hackett1s appointment expired on 25 July 1976.
History of Number of ABC Commissioners
351. The Australian Broadcasting Commission Act 1932 provided for a total of 5 Commissioners.
352. In 1942 the Joint Parliamentary Committee on Broad casting recommended that one Commissioner should be a woman but that:
They (the Commissioners) should be regarded as having a joint responsibility in the control of national broadcasting and should not consider themselves as individual units for the purpose of exercising specialised supervision over the service. Their main functions should be major matters of policy and finance.
113
353. In 1948 amendments to the Broadcasting Act increased
the number of Commissioners to 7. The new Commissioners were to
be "representatives of the Postmaster-General's Department and
the Treasury". The difficult position of departmental
representatives has been discussed in the Public Accounts
Committee's Report on the Australian Aluminium Production
Commission.
354. In 1956 departmental representation on the Commission
was discontinued but the number of Commissioners was left at 7.
The Postmaster-General said in introducing the Second Reading
of the Broadcasting and Television Bill:
The Government considers that the members of the Commission should be so chosen as to ensure that the people as a whole are represented by a broad cross-section of the community; if that principle is adhered to, there is little danger of the great power of the national services being employed for sectional interests.
355. In 1967 the number of Commissioners was increased to 9.
The Postmaster-General gave as reasons for the increase the
expansion of the Commission's services, the recommendations of
the Royal Commission on Television and of a Committee of the
Senate, and an endeavour to ensure that the national service was
not employed in the interests of any particular group.
356. It would seem, therefore, that the Commission's current
membership of 9 is mainly based on the premise that the current
size of the Commission brings a wider spectrum of knowledge and
ability to enable the Commission to undertake its management
functions. The Inquiry, however, found it difficult to justify
this approach and recommends that the number of Commissioners
be reduced to 7 including the Chairman and Vice-Chairman.
114
357. As the Act stands, the Chairman has not merely a
deliberative but a casting vote. If the number of Commissioners
were even at any one time, the Chairman could determine the
Commission's policy by converting a minority into a majority.
There is, thus, good reason for having an odd number of Commissioners.
358. However, the Chairman's deliberative and casting vote
should be retained to cope with the situation where there is not
full attendance at a Commission meeting. One would expect,
however, that the Chairman would not exercise his two votes on a
matter of high policy in a situation where there is less than full attendance.
359. The Inquiry noted that in both the two major Commissions
created in recent years, the Postal Commission and the
Telecommunications Commission, there are 7 members only.
360. It also seems to have been the accepted view that each
State should be represented and, while this may have had some
validity in the early days of the Australian Broadcasting
Commission during the development of broadcasting throughout
Australia, there would seem to be no force now in this argument. As far as the existing constitution of the Commission is
concerned, New South Wales is more heavily represented, with
4 members, than any other State. The Inquiry believes this
imbalance should be rectified as soon as convenient, although
it does not support the view that there should be a representa tive on the Commission from each State.
361. The Inquiry also noted that there is a statutory
requirement that one woman should be appointed to the ComnvLssion. The Inquiry believes that this prescription is at least
anachronistic or at worst sexist. The Inquiry could not see any
115
justification in retaining this provision in legislation but
believes that women should be appointed to the Commission.
Since at any one time women represent approximately half of the
listening and viewing audience, the Inquiry believes that the
Government should appoint suitably qualified women to the
Commission. The Inquiry believes that if it was true in the
past that there was a shortage of suitably qualified women,
such is not the case now.
362. The Inquiry believes also that an argument can be
sustained to support the appointment of a suitable person
with a trade union background. However, the Inquiry doubts
whether a person from one of the many Associations or
Unions covering employees of the ABC should be appointed to
the Commission. The present appointment of a Commissioner
with extensive trade union background appears to be ideal
in representing the employee interest. The arrangement
is different from the situation which applies in the Postal
and Telecommunications Commissions, where there are appoint
ments to the Commissions of full-time paid officers of the
Associations who are not however employees of either
Commission. Another important difference is that the
Chief Executives of the Postal and Telecommunications
Commissions are appointed to the Board, which is not the
case with the ABC.
363. It is important that there should be continuity in the
membership of the Commission. Greater attention should there
fore be paid in the future to the distribution of terms of
appointments and to age distribution. As to the terms of
appointment, the Inquiry believes that this should be increased
to 5 years but, when appointments are being made, terms of
appointment should be staggered to avoid "bunching-up" of terms
which would mean retirement of a number of Commissioners over
a short period.
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364. In addition, the Act does not provide for any maximum
retiring age for Commissioners, and it would seem desirable that
some maximum retiring age should be introduced. As the role of
the Commissioner is part-time, the Inquiry believes that a
maximum retiring age of 70 should be prescribed in the
legislation. The Inquiry also believes that the maximum period
of membership should be lO years, although there may be
occasions where this period of membership, because of the term
of appointment, may be less than that period.
Funding the Commission
Background
365. The Australian Broadcasting Commission (ABC) was formed in 1932 and its services were then financed solely from receiver
licencee fees.
366. The Parliamentary Standing Committee on Broadcasting in
its Fifteenth Report (1947) recommended that the ABC in future
years should estimate its requirements over three year periods,
and that grants from Consolidated Revenue should supplement
receipts from licence fees. A Cabinet sub-committee subsequently
recommended that the Act be amended to allow the ABC to be
financed by an annual parliamentary appropriation. The necessary amendment was duly passed in 1949.
367. Licence fees were still paid by owners of radio, and
later, television sets, and these fees were collected by the
Postmaster-General's Department and paid into Consolidated Revenue.
368. The present Government, on coming to office, expressed concern at the mounting costs of the ABC and consideration was
given to the reintroduction of licence fees. However, it was
decided to defer action on this matter.
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369. As stated above, since 1949 the national broadcasting
service has been funded by means of parliamentary appropriation.
Up until the abolition of broadcast and television receiver
licensing in 1974 these calls on public funds would have been
at least partially offset by licence fee collections paid into
Consolidated Revenue.
370. A small amount of revenue from the sale of programs,
publications and from public concerts is retained by the ABC
and utilised for general expenditure purposes.
371. It has been suggested in some submissions to this
Inquiry that the ABC should promote these peripheral activities
more competitively in order to obtain additional revenue which
could then be channelled into program production. This, however,
is a matter for the Commission to consider as part of its
internal policy and will not be pursued here.
372. It has also been suggested that the ABC should make a
charge for service it provides outside the category of general
entertainment and information for national audiences (such as
schools and parliamentary broadcasts), and for the provision of
material and preparation of program tapes used by non-ABC
repeater stations (e.g. Western Australian mining company
stations). This proposition could be argued at some length
but would ultimately revolve around the Commission's defined
role and obligations in serving the community interest. Further,
if a policy of charging for these services was initiated, the results would be largely cosmetic as the costs would continue
in the main to be attributed to the public purse.
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Funding Alternatives
373. Major alternatives for funding the ABC are:
(i ) advertising revenue
(ii) broadcast receiver licence fees
(iii) annual parliamentary appropriations
(i) Advertising Revenue
374. Suggestions for the ABC to accept some form of
advertising, in order to subsidise its rising costs, have been
raised on many occasions throughout the Commission's history.
Of the many arguments raised for and against the proposal the
most prevalent appears to have been that the ABC 1s independence
would be jeopardised.
375. It has been said that the Commission, once having
experienced the benefits of this additional revenue, would
compromise its program standards in efforts to maximise its
audiences. It is also suggested that the sponsors, once having
gained entry with promises of low profile advertising, would
soon apply pressure to either increase permissible advertising
time or bring about changes in programming policies.
376. in addition to these fears, there is also the possibi
lity that, because advertising revenue could not support the
total ABC operation, the annual appropriation from Parliament
might be reduced by the amount of revenue earned from advertising.
377. The community at large, whether they be ABC users or
not, appear to have built up an image of objectivity and
independence around the Commission, and this could only suffer
if its role was no longer seen as one of exclusive service to
the public. It is clear that the great majority of listeners
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and viewers strongly object to the introduction of advertising
into the national service. It is the opinion of the Inquiry
that it would be undesirable to prejudice the image and
programming independence of the ABC by supplementing its revenue
by the sale of advertising.
(ii) Broadcast Receiver Licence Fees
378. In the early years of Australian broadcasting, the
licence fee method of financing the national sector was very
practical. There were fewer receivers which meant that the
user pays principle was equitable, and for some time it was
quite possible to obtain all necessary revenue from this source.
379. As the radio receiver population advanced rapidly,
and despite the introduction of television which attracted
higher licence fees, licence fee revenue began to fall
progressively behind operating expenditure. This trend contin
ued until 1974 when licence fees were discontinued. In effect,
therefore, the call on public funds since that year has been significantly greater.
380. The arguments which were advanced in favour of dis
continuing licence fees can be summarised as follows:
.. the licence represented a poll tax which, being
uniformly applied throughout the community, tended
to place a heavier burden on the less affluent viewer or listener;
.. the cost of collecting licence fees in 1973/74 was
approximately $3.4 million, representing about 5% of
the total licence fee revenue. By comparison, funds obtained through the income tax system cost about 1% to collect;
1 2 0
further costs of about $1 million were imminent for
the replacement of worn out equipment used for
processing receiver licence renewals;
92% of homes in Australia have television and almost
all have radio; and
a sizeable staff was employed in detecting and
prosecuting people with unlicensed receivers (23,000
people were prosecuted in 1973/74 but even then it is
estimated that some $11 million was lost through
evasion each year).
381. In his second reading speech on the Broadcasting and
Television Bill 1974 proposing the abolition of licence fees,
the then Minister for Science stated:
The National Broadcasting and Television Services should not be regarded as resembling a business undertaking in which receipts are related to expenditure. The National Service provides an information, educational, cultural and enter
tainment service to the community. All people should have equal access to such services and it is therefore proper for the cost of these services to be a charge on the
community as a whole through taxation.
382. The ABC, in its submission to the Inquiry, also stated:
In Australia, the key relationship is between the National Broadcasting Service and the other elements of the national endeavour. The financial needs of the National Broadcasting Service are not considered in isolation, but are related
to the financial requirements of the Government's overall policy and the economic state of the country.
383. Having regard to the foregoing considerations and the
costs involved in reinstating the licence fee system, it is
the view of the Inquiry that the national sector should not be
funded by means of licence fees.
121
(iii) Annual Parliamentary Appropriation
384. In a country such as Australia, with its vast distances
and relatively small population, the development of an
important national facility such as broadcasting requires the
collective support of the community as a whole.
385. It is the view of the Inquiry, therefore, that the
continuing development of an effective and efficient national
broadcasting service in the overall interests of the Australian
people, will be best facilitated by a continuation of funding by
means of annual parliamentary appropriation.
Present Funding
386. Under present arrangements the ABC is funded (with the exception, as mentioned earlier, of a small amount of revenue
gained from the sale of programs and publications, as well as
from public concerts) through annual parliamentary appropriations
which are included in the vote of the Postal and Telecommunica
tions Department.
387. Appropriation Act No. 1 (Division 482) for the "National
Broadcasting and Television Service" is shown as two items:
1. for payment to the Australian Broadcasting Commission
2. for payment to the Australian Telecommunications
Commission in respect of technical services provided
pursuant to Sections 73 and 74 of the Broadcasting and
Television Act 1942, for the National Broadcasting
Service.
These votes cover the cost of operations and maintenance of the
ABC (item 1), and the charges of the Australian Telecommunica tions Commission for the operation and maintenance of ABC
transmitters (item 2).
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388. Appropriation Act No. 2 (Division 909) is again divided
into two amounts under the heading of "Capital Works and
Services" which are similarly designated items 1 and 2 as
above. The funds provided in this Appropriation cover the
capital costs involved in the site, buildings and equipment of
ABC studios (which are the responsibility of the ABC) (item 1),
and like capital costs for ABC transmitters (which are
established, operated and maintained by the Australian
Telecommunications Commission on behalf of the ABC) (item 2).
Funding Issues
389. Various aspects of the present funding arrangements
are seen by the ABC as inhibiting its efficient operation and
reducing its overall responsibility for budget management.
390. As indicated above, the costs of ABC operations and
maintenance and capital works are funded by means of two
single line appropriations (Divisions 482/1 and 909/2/01).
When drawing up its estimates for these purposes the ABC is
presently required to dissect requirements into quite narrow
categories (e.g. school broadcasts, external broadcasts etc)
for approval by the Treasurer in accordance with Section 70(2)
of the Broadcasting and Television Act 1942. Under present
arrangements, expenditure under the individual dissections
may vary from estimate by 5%: where variation beyond these
limits is contemplated, the prior approval of the Treasurer
must be sought. These constraints apply in the case of all non
business statutory authorities, the only exception being that
power to approve variations beyond the agreed limits is, in some instances, it is understood, vested in the relevant
Minister rather than the Treasurer.
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391. In their Submission to the Inquiry on this matter, the
ABC maintained that for its independence "to be genuine and
lasting it must be the Commission alone which determines how
the overall Appropriation is apportioned to meet current
requirements and future developments". They therefore argue
not only for a one line appropriation, embracing funds for expen
diture on both operations and capital works and equipment,
but also for complete freedom to depart if necessary from
originally approved itemised estimates without reference to
an outside authority.
392. While the Inquiry endorses the general concept of one
line appropriations, it is not prepared to support the degree of
autonomy advocated by the Commission in this area. Firstly, it
is considered that for purposes of Appropriation Acts, funds for
expenditure by the ABC should continue to be provided by means
of two separate one line appropriations i.e. Appropriation Act
No. 1 for the "National Broadcasting and Television Service"
(to cover operations, maintenance and administrative costs for
which they would be responsible under the proposals of this
Inquiry), and Appropriation Act No. 2 for "Capital Works and
Services" (for capital costs in relation to ABC studios).
393. The Inquiry is also of the opinion that these two one
line appropriations should continue to be supported by itemised
estimates for the purposes of initial justification. Such
data is necessary to enable Parliament to make an informed
decision in relation to the total estimates, and the information
in effect becomes a statement of financial accountability as
published in the budget documents - Estimates of Receipts and
Expenditure 1976-77, Table 18 refers.
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394. However, in regard to operational expenditure as
provided for in Appropriation Act No. 1 (Division 480/1), the
Inquiry considers that after approval of the itemised estimates
by the Treasurer, the power to approve variations between items
should be vested in the Commission itself. Such a move would
provide flexibility necessary to rearrange funds at short
notice to meet unforeseen developments.
395. If this is not acceptable then the Inquiry would
advocate the vesting of this power in the Minister for Post and
Telecommunications.
396. The Inquiry feels, however, that Capital Works
Expenditure (Division 909/2/01) should continue to be subject to
the current form of control i.e. variations in excess of the
prescribed 5% tolerance should be effected only with the prior
approval of the Treasurer. The recommendation in this case
recognises the significant bearing of capital works expenditure
on the total strategic plan and resources utilisation generally,
and the consequent need to keep expenditure of this type under
close and continuing scrutiny at Government level.
397. A further budgetary difficulty which the ABC claims is
inhibiting proper management is the current practice of an
annual allocation of funds. The ABC asks for a three or five year "understanding if not a commitment" on the level of funds it could expect to receive during that period with appropriat
ions still being made on an annual basis. This would assist in
forward planning and be more in keeping with the kinds of lead
time and forward commitment, which are a necessary part of
program production and other areas of broadcasting operations.
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398. The Inquiry endorses the proposal for a three year
commitment arrangement with the retention of annual
appropriations. To a large extent, the opportunity to
have forward commitments formally endorsed was presented to
all Departments and Authorities in conjunction with the
1976-77 estimates of expenditure. However, there are
obvious limits to which a Government can go in this direction
and clearly no firm assurances can be given as to the
total of funds in any future years. The Commission should
institute a system of 3-year rolling financial plans and
identify projects which it would wish to commit in particular
years and to seek the endorsem*nt of Budget Cabinet accord
ingly, at the time annual estimates are submitted. It would
appear that the ABC did not avail itself fully of this
facility in 1976-77. Discussions should be held between
officers of the Commission and Treasury if uncertainty exists
as to the appropriate measures to be taken regarding the
longer term commitment of funds.
399. In the same spirit of more autonomous management,
the ABC has also made representation to the effect that it
should be an "exempted organisation" from the provisions of
the Lands Acquisition Act 1955. Under that Act, the Commission
is required to have the Department of Administrative Services
negotiate all leases and acquisitions on its behalf.
400. Similarly, the Commission believes that it should be
free to use the services of private builders and architects,
rather than being obliged to use the Department of Construction
exclusively for all its new building requirements.
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401. The Inquiry would agree that the ABC should have at
least some authority to negotiate matters of urgency in the best
interests of economic management within the Commission, as well
as in the best interests of the public.
402. The Inquiry considers, therefore, that the ABC should be placed on a similar basis to the Australian Telecommunications
Commission and, with this in mind, it is suggested that
discussions should take place between the ABC and the Department
of Administrative Services on land acquisition, and the
Department of Construction on services provided by that
Department, with a view to giving to the ABC a working but limited delegation in these areas.
Staffing the Commission
403. One of the questions raised with increasing frequency over the last few years has been that of the terms and conditions
of the employment of the staff of the Australian Broadcasting
Commission, with particular emphasis on two issues: the extent to which the Commonwealth Public Service Board should have
jurisdiction over ABC employment, and the role of the Common
wealth Public Service Arbitrator in industrial disputes.
Current Provisions
404. The Public Service Board has a statutory involvement in
matters affecting the ABC in terms of several Sections of the Broadcasting and Television Act 1942:
43(4) ... a person shall not be appointed to the service of the Commission unless ...
(b) he possesses such educational qualifications and such other qualifications (if any), as are determined by the Commission with the approval of the Public Service Board.
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(6) Subject to this Division, the terms and conditions of employment of officers and temporary employees appointed in pursuance of this section are such as are determined by the Commission with the approval of the Public Service Board.
45(i) ... the Commission may, from time to time, create any position in the service of the Commission and, with the approval of the Public Service Board, determine the salary, or the range of salary, applicable to that position.
46(i ) ... the Commission may, with the approval of the Public Service Board, from time to time reclassify any position in the service of the Commission by raising or lowering the salary, or the range of salary, applicable to the position.
As well, the ABC is required to take industrial disputes to the
Public Service Arbitrator rather than the Conciliation and
Arbitration Commission, and is subject to Ministerial agreement
to determination of salaries over $9500 per annum.
Submissions Arguing in Favour of Separation from the Public Service Board and the Public Service Arbitration Act
405. A number of significant organisations were highly
critical of the current situation. The Commission itself stated:
The Commission considers that its statutory relationship with the Public Service Board is inhibiting. At present the Board has the right to approve the salaries and terms and conditions of employment determined by the Commission
as appropriate for its officers and employees. Taken in conjunction with the provisions of the Public Service Arbitration Act, under which all industrial disputes involving the ABC (including the granting or variation of
salary awards) must be referred to the Public Service Arbitrator, the result is that salaries and employment conditions primarily designed for public servants are applied to ABC staff - the objective being to achieve as far as possible, uniformity of employment conditions throughout the Australian Government sector of the work force. The fact is that there are many categories of staff employed by the ABC for which there is no counterpart in the Public Service, e.g., announcers, television producers, wardrobe assistants.
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The application to such staff of salaries and employment conditions, based to the maximum extent possible on what obtains in the Public Service, presents considerable difficulty. ... It would be more appropriate ... if certain ABC staff were employed under the same terms and conditions as apply to staff employed in other sectors of
the broadcasting industry, and that industrial disputes involving such ABC staff should be referred ... to the Conciliation and Arbitration Commission.
406. The ABC Staff Association stated:
The role played by the Public Service Board has inhibited the development of a responsible and meaningful industrial relationship between ABC staff and management. It is our opinion that the Public Service Board should have no role
in the staffing and industrial relations policy of the ABC, which is a highly specialised and unique undertaking in a competitive environment ...
The ABC Staff Association supports the establishment of a separate arbitral authority to hear and determine claims arising in relation to service with the ABC.
The McKinsey Report
407. In 1973 McKinsey & Company Inc, completed a Report
commissioned by the ABC entitled The Use of ABC Resources. As part of its conclusions, the McKinsey Report suggested the
following action be taken:
3.(9) Seek to have the ABC removed from the jurisdiction of the Public Service Board, (ref. Section 45(1) and 46(1) of the Broadcasting & Television Act).
Establish a suitable arbitration process (e.g. a specialised arbitration tribunal) in lieu of the Public Service Arbitrator. These moves would put the ABC on the same basis as some other statutory corporations, for example
QANTAS and TAA ...
... Its disadvantage, the need for increased job classification determination, should not benefits particularly since about a third of
research on outweigh the the ABC 1s job
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categories are not comparable with other Public Service Board classifications and only one or two ABC researchers would have to be added. (McKinsey & Company, Inc; The Use of ABC Resources:
Overall Review, Sydney, 1973, pp 3-8)
Submissions Arguing in Favour of Retention of the Current
Situation
408. Only one major organisation argued that the ABC should
retain its ties with the Public Service Board. The Department of
Employment and Industrial Relations stated;
It is almost inevitable that an individual Commonwealth employing authority, such as the ABC, will tend to view pay and conditions matters from a local angle, with little emphasis being given to the ramifications of any decisions for the total Commonwealth employment area and the Govern ment's overall responsibility for management for that area.
The interests of individual management units need to be reconciled with the interests of the government in the management of the total area of Commonwealth employment and application of the Government's industrial relations policies therein.
The Attitude of the Public Service Board
409. In its submission to the Inquiry, the Public Service Board made a number of relevant comments:
.. that the current provisions of the Broadcasting and
Television Act 1942 give the Board greater and more
specific control over the staff of the ABC than over
most other authorities in statutory relationship with
the Board, and more than is necessary just to maintain co-ordination of terms and conditions of employment,
which is the duty placed on the Board by Parliament; .. that the Board would wish to be consulted if any
redrafting of the Broadcasting and Television Act 1942
were contemplated, because of difficulties which have
arisen because of the wording of certain sections of the current Act;
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.. that Commonwealth Government authorities which employ
staff outside the Public Service Act and which are not
in statutory relationship with the Board are required
to consult with the Department of Employment and
Industrial Relations on any change in salary range or
conditions of employment which may be contemplated.
Before any change in terms and conditions can be
effected, proposals must also go to a co-ordination
committee, consisting of representatives of the
Department of Employment and Industrial Relations and
the Public Service Board;
.. that if ABC staff with no close affinity to the
Commonwealth Public Service could be properly
identified, it might be appropriate to exclude them
from "the service of the Commission" and from general
conditions of service currently laid down by staff rules
and other prescriptions, a course of action which could
more closely relate their employment to that of their
counterparts in private industry; and
.. that, of the current statutory relationship provisions,
the Board would seek to retain only Section 43(6) ,
relating to the co-ordination of terms and conditions
of employment.
410. There have been two recent government inquiries which
have considered the subject of Public Service Board relation ships with statutory authorities. These are the Commission of
Inquiry into the Australian Post Office ("Vernon Commission")
and the Royal Commission on Australian Government Administration
("Coombs Commission").
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411. The Vernon Commission concluded that two separate
statutory authorities be established and that:
.. the new authorities be given as much autonomy as
possible as well as clear responsibilities;
.. the corporations be seen to be the employers and that
as employers they enter into relationships with
employees as responsible entities;
.. it be the responsibility of each corporation to
develop its own management philosophy and its own
corporate morale which cannot be achieved if the
responsibility for industrial relations is divided
between the corporations and an external authority;
.. responsibility should be placed on each corporation
to determine pay and classification and service
conditions of its employees;
.. there should be no formal or direct link between the
Public Service Board or other departments on pay and
other conditions of service of corporation employees;
.. the managements of the corporations will consult with
other employers on industrial issues where there is a
community of interest; and
.. industrial disputes concerning the services of the
corporations be not dealt with by the Public Service
Arbitrator. Separate arbitral authorities be
established to hear and determine claims.
412. In reaching these conclusions, the Commission was
influenced by the large work force which would be employed by
the corporations. It was considered that in order to meet their
financial objectives the corporations would be subject to many of the disciplines which apply to commerce and industry
generally. For these reasons it was felt that the career service
needs of the two corporations and those of the Public Service
would be likely to diverge.
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413. The Royal Commission on Australian Government
Administration recommended that:
.. the Public Service Board (retitled "Commonwealth
Personnel Commission") be responsible for administering
all legislation prescribing conditions of employment
applying generally to Commonwealth employees (including
statutory bodies);
.. the Public Service Board be recognised as the employer
of those employed under the Public Service Act and
those employed under other Acts;
.. the Public Service Board be given the power to make
determinations on terms and conditions of employment;
.. the Public Service Arbitrator1s jurisdiction be
abolished and the whole of Commonwealth employment be
placed under the Conciliation and Arbitration Commission;
and endorsed a Public Service Board proposal that all major
legislative conditions of service be brought together under one
separate "Administration Act". At this stage the Government
has not accepted the recommendations of the Royal Commission.
414. The Inquiry believes, after discussing all the factors involved, that the present Public Service Board constraints are
limiting to the management of the ABC in its day-to-day
relationships with its employees. The Inquiry therefore recommends that the ABC be given maximum autonomy in the matters
listed below, subject to the constraints shown:
(i) The determination of salary and conditions of employment
of officers and employees other than officers at
Second Division level. In determining these conditions,
the ABC should be required to consult with the Committee
on Co-ordination of Pay and Conditions to ensure there is a consistent approach to the setting of such con
ditions for all Commonwealth Government employees. In
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respect of salaries of officers at Second Division
level, it is proposed that the Public Service Board's
approval should still be sought. Ministerial involve
ment in the approval of salaries should be terminated,
(ii) The Inquiry also believes that the ABC should consult
with the Public Service Board where any significant
changes in conditions of employment or major salary
changes are proposed.
415. These proposals would allow the ABC to determine salary
classifications and conditions of service appropriate to
specialised broadcasting requirements. At the same time the
Public Service Board will retain the power to approve Second
Division positions. This will ensure that the ABC senior
executive structure is based on sound management principles,
and that for senior management positions, comparability of
salary of such positions are established with the public service
generally and other statutory authorities.
416. Adoption of the above proposals would mean that the ABC
would thus be removed from the Public Service Arbitrator's
jurisdiction. The ABC would negotiate direct with Staff
Associations and where disputes arise these should be notified
to the Conciliation and Arbitration Commission. The Inquiry
believes that these recommendations can improve management/staff
relationships between the ABC and its officers and employees,
and it also believes that, if the recommendations are adopted,
they would not pre-empt any action which may arise from the
recommendations of the Royal Commission on Australian Government
Administration.
417. Should the Government accept the above recommendations,
it is suggested that the legislative provisions along the lines
suggested in Attachment 17 be included in the proposed Broad
casting Act. Discussion on the provisions in Attachment 17
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should take place between the Public Service Board, the ABC
and the Postal and Telecommunications Department.
Radio Australia
General Policy and Responsibilities
418. It is the view of the Inquiry that the Radio Australia
service be continued as an effective means of projecting abroad
Australia's views, policies and way of life.
419. In arriving at this view, the Inquiry is conscious that
the particular attributes of external broadcasting enable ready
communication across national boundaries without consideration
of the quality of relations between the nations concerned. Nor
does it depend entirely upon the provision of offices or staff
in foreign countries for the purposes of generating or maintaining contacts with people.
420. Because of the necessity to co-relate Radio Australia
program content and target areas with other components of
Australia's overseas information and cultural activity, it is
considered essential that guidelines concerning strategy and
target audience should be set by the Department of Foreign
Affairs in consultation with the Department of Overseas Trade.
Program Preparation and Presentation
421. Programs should be prepared and presented by the
Australian Broadcasting Commission in conformity with these
guidelines and the Commission should supply, equip and staff the
studios required. Special budget provision should be made for
Radio Australia so that the appropriation to this activity is
not included in an overall provision for ABC operations.
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Transmitting Stations - Provision, Control and Operation
422. The Inquiry recommends that ownership and control of
all Radio Australia transmitting stations and associated remote
control facilities should be vested in the Postal and
Telecommunications Department on behalf of the Commonwealth
Government.
423. Operation and maintenance of the transmitters should
be on the same basis as that proposed for national transmitting
stations elsewhere in this Report.
Funding and Financial Responsibilities
424. The estimating and provision of funds for capital works
and equipment should be the responsibility of the Postal and
Telecommunications Department, in the case of transmitting
stations and associated facilities; and the Australian Broad casting Commission, in the case of capital works and equipment
for studios and studio facilities.
425. The estimating and provision of funds for operating
expenditure including maintenance of the transmitters, should
be the responsibility of the Australian Broadcasting Commission.
Status of Transmitting Plant
426. If Radio Australia is to continue, the Inquiry is of
the opinion that the status of the transmitting plant demands
urgent consideration. This situation was recognised by the
Government in 1971 when the then Postmaster-General
directed that an Interdepartmental Committee be formed to prepare a submission to a Committee of Ministers (the Treasurer,
the Minister for Foreign Affairs and the Postmaster-General).
The submission was presented in May 1972 but had not
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been finally considered before the 1972 election. Further
deliberations were delayed by the intrusion of a proposal to
make use of Christmas Island as a transmitting base and the
demolition of all the aerials and all transport facilities at
Darwin by the 1974 cyclone.
427. Finally, an Independent Inquiry was commissioned in
1975 by the previous Government and the report by Sir Keith
Waller and Professor W . N. Christiansen is now available.
428. While consideration of the Report of the Independent
Inquiry into Radio Australia is not within the specific terms of
reference of this present Inquiry, it should be noted that it
is under study within the Postal and Telecommunications Depart ment. The result of this study will be available during N ovember 1976.
Entrepreneurial Activities of the Commission
429. The Australian Broadcasting Commission has an entrepreneurial role imposed on it by Sections 59 and 67 of the Broadcasting and Television Act 1942 which states:
59(2). Where the Commission considers it necessary for the proper carrying out of its objects or for any purpose incidental thereto, the Commission may make arrangements
for the holding of, or may organise or subsidise, any public concert or other public entertainment provided -(a) the whole or part of the concert or entertainment is broadcast or televised; or
(b) the concert or entertainment is held in co-operation with an educational, religious or other non commercial institution and no charge for admission is made by the Commission.
67. The Commission shall endeavour to establish and utilize, in such manner as it thinks desirable in order to confer the greatest benefit on broadcasting or television, groups of musicians for the rendition of orchestral, choral and band music of high quality.
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430. In order to fulfil this role, the ABC maintains
orchestras in several States. In the financial year 1974/75
almost 800 concerts were given. The Inquiry believes that
during this same period the cost of employing full-time
musicians in the ABC's symphony orchestras was just over
$8 million, while receipts from concerts totalled about
$1.8 million. Other costs incurred in maintaining the
orchestras and holding public concerts are not known.
431. The Inquiry believes that subsidising symphony
orchestras is now a largely anachronistic and inappropriate
activity for the ABC as the National Broadcasting Service.
If the Government intends that such subsidies should be made,
they should more properly be administered through some other
body, such as the Australia Council, which already subsidises
the Elizabethan Trust and Western Australian Arts Orchestra
to the extent of about $1.7 million a year, as well as
giving ad hoc grants to amateur orchestras.
432. If the ABC were left with the sum of approximately
$6 million (when concert receipts are subtracted from the
salaries bill), it could reasonably be expected to deploy
that money more effectively in other areas of radio and
television programming.
433. The Inquiry recommends that the number of orchestras
employed by the ABC be held to that number required to under
take broadcasting functions and that the ABC initiate
discussions with the Australia Council on the future of those
orchestras which may be disbanded.
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SECTION K: SYSTEM DEVELOPMENT POLICY ISSUES
Cable Television
Background
434. It is not the purpose of this Inquiry to make detailed
recommendations on the future development of cable television
services within the Australian broadcasting system.
435. However, it is considered necessary to briefly canvass
some of the more important issues which arise in connection with
any proposals for the wider establishment of community
television aerial systems (CTAS) and cable television (CTV)
services in Australia. (CTAS refers to a cable system designed
to distribute only the programs of local television stations.
Cable television refers to the use of broadband cable for
distribution of program material additional to that from local television stations).
436. To date only limited progress has been made towards
the development of government policy in this area. Consideration
of the joint Report of the Australian Broadcasting Control Board
(ABCB) and the Australian Post Office presented to the Government
in August 1974 has been deferred pending the preparation of an
additional submission by the ABCB and Telecom after consultation
with other interested departments. Nor have any firm
recommendations yet been made on the basis of the study of cable
television by the National Telecommunications Planning Branch of
Telecom, included in the Telecom 2000 Report.
437. Presently there are a small number of CTAS services in operation. These have been authorised by the ABCB under
Section 130A of the Broadcasting and Television Act 1942 as a means of overcoming pockets of poor reception within the
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coverage areas of existing television stations. Additional
applications for permits to operate community television
aerial systems have so far been held in abeyance until an
overall cable television policy is formulated.
Development Issues
438. Cable television has the capability of bringing a
multiplicity of channels into the home by wire transmission and
in this way assists in the conservation of the valuable radio
frequency spectrum for services which must use radiated
signals.
439. Expanded services offered by cable systems overseas
have included the provision of channels for educational
television, and access channels for community expression and
information. The choice of programming can also be increased
by CTV by way of greater diversity of entertainment material
such as major sporting events, foreign language films,
documentaries and new release movies. Telecom in the Telecom
2000 Report, have suggested that the establishment of a Pay-TV
system to provide these types of services might serve as a major
catalyst to cable development, in meeting the prime cost of
establishing the cable distribution system.
440. Should this be achieved cable television could then be
extended to offer special interest type services, as well as
information and data retrieval services, using return audio and
video channels.
441. To date, the huge capital outlay involved in the
provision of the underground ducting system favoured for Australian conditions has been seen as a major barrier to cable
television development. A further associated constraint is the
extent to which extensive terrestrial communications systems
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have already been established in Australia. However, it is
possible that future technological advances in broadband
cable systems, particularly in the area of guided wave systems
using optical fibre may enhance the feasibility of CTV services.
442. The introduction of data and videophone services by
Telecom can be expected to lead to the replacement of the
present low capacity (narrow band) telephone cable networks,
by high capacity (broadband) networks which are capable of
providing a full range of CTV services to all telephone
subscribers.
443. The timing of the introduction of other telecommunic
ations technologies will also affect the rate of growth of
cable television services.
444. Meanwhile there are several other alternative kinds of
service which may compete in priority with CTV development:
.. expanded television and sound services could
be provided by means of domestic broadcast
satellite through terrestrial community aerials,
with cable distribution to individual receivers;
.. improved technology in direct satellite broad casting could provide a service which would be
available to all homes in Australia;
.. the increasing availability of video cassettes for domestic use could be seen as an alternative means of increasing program choice, in the areas
of entertainment, education and information; and
.. the expansion of UHF television services may
reduce the need for cable services to meet the demands for access and community service channels,
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as well as for upgraded services in poor
reception areas.
445. There are a number of other factors which will effect
the way in which cable services are developed in Australia.
Key questions which must be resolved include the assigning of
responsibility for the establishment and ownership of the
physical distribution plant, the programming and marketing of
the system, including the pricing of services, and the
design of appropriate control structures for the licensing,
regulation and administration of the total system.
446. Careful consideration should also be given to the
social and economic implications of the development of CTV in
Australia. Such questions as the possible disruption to
existing broadcasting services through fragmentation of their
regular audiences, and the necessity to build in to CTV systems
the required safeguards against any abuse of privacy, which may
be inherent in data retrieval services, would need detailed
evaluation.
447. The Inquiry supports the recommendation of Telecom that
a task force be established to evaluate the development of
cable systems and the policy implications of a more widespread
introduction of such systems. This government sponsored group
should be convened by the Postal and Telecommunications
Department, with representation from Telecom, the Broadcasting
Planning Board, the Australian Broadcasting Commission, and the
Broadcasting Council.
448. For the present, the Inquiry believes that cable methods should be restricted to the distribution of existing
television transmission in areas where radiated services are
inadequate, and where cable provides an appropriate technical
solution.
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449. The Australian Telecommunications Commission should
remain the common carrier for cable services, and thus would
be responsible for the setting up and installing of
distribution facilities (although outside contractors should
be considered in the situation where Telecom costs were
uneconomic, or their resources were unavailable).
450. However, it is the Inquiry's view that the develop
ment of policy as to the content of cable reticulated television
and radio services, or the marketing of these services where
they are run in conjunction with the existing broadcasting
system, is properly a responsibility of Government working on
the advice of the appropriate Department.
Satellite Broadcasting Systems
451. The Inquiry has considered submissions and discussed
the role of satellite services in the future development of
Australian broadcasting services.
452. It believes that although the introduction of a
domestic satellite system offers significant advantages in the
field of broadcasting, such a system would be of maximum use
if it were to form the centre of the national telecommunications
system.
453. Particular consideration was given to Telecom's
National Telecommunications Planning Branch Report, Telecom 2000,
which stated:
3.2.6 Satellites. Satellite technology is mentioned only briefly here as it is being studied in depth elsewhere within the Commission. However, NTP findings support the case for an Australian domestic satellite system in the early
1980's. This support stems from the desirability of introducing a video-conferencing facility between capital cities, extended progressively to selected provincial centres. This is seen as a viable
143
strategy for introduction of video-services on a point-point basis, pending development of low-cost wideband media suitable for local network application, which would permit eventual extension of the service to subscriber's premises. A satellite will also provide solutions to rural
communications problems.
The Inquiry endorses the view that satellite transmissions will
be required some time in the future to improve and to extend
the present terrestrial services.
454. The Inquiry also accepts the view that any decision
to introduce satellite transmissions will depend on cost/benefit
judgments based on the costs of establishing satellite
transmitting facilities and the associated charges or additions
to domestic equipment used by the general public, on the one
hand, and the costs of extending or improving the existing
terrestrial television and sound broadcasting system, on the other hand.
455. In considering the methods by which satellite
transmissions might first be introduced in Australia, the Inquiry
has noted the case which can be made for utilising a relay type
service which might be achieved by adding the necessary number
of broadcasting transponders to a general purpose domestic
satellite. By using appropriate terrestial receiving facilities,
the satellite broadcasting transmissions could provide instant
aneous programs to remote areas of Australia not at present
receiving television transmissions. The same relay type
satellite facility could also serve as a means of effecting nationwide relays of television programs should it become
necessary to augment the conventional Telecom trunk relay network.
456. The ease with which new nation-wide services can be
established is one of the most attractive features of direct
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broadcasting satellites. The significance for the establish
ment of a national educational television channel or additional
radio and television services to rural areas cannot be overrated.
457. From its studies of the economics of satellite services,
the Inquiry sees little prospect of direct broadcasting
satellite transmissions being justified within the near future.
However, the Inquiry acknowledges that the costs of both the
space and terrestrial hardware may be reduced substantially
within the near future as plans for the establishment of 12GHz
satellite broadcasting services in Europe, Japan and North
America are implemented after the completion of the forthcoming
World Administrative Radio Conference on these services.
458. The Inquiry recommends that the task force established
to study cable television also undertake a study of satellite broadcasting systems.
VHF FM Broadcasting
Background
459. In March 1974, the Independent Inquiry into Frequency Modulation Broadcasting ("McLean Inquiry") recommended to the
Government that FM broadcasting be commenced as soon as possible on the following basis:
(i) use of the Pilot Tone Stereo System in the VHF band (88-108 MHz);
(ii) ABC to establish a network of FM stations and FM
licences to be issued to both commercial broadcasters and to non-profit community broadcasters; and (iii) sufficient FM stations to be established to meet the
demands of the next seven to eight years.
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460. Following the acceptance in principle of the
recommendations of the McLean Inquiry, the way became clear for
the establishment of widespread FM broadcasting services in the
internationally accepted 88-108 MHz band.
461. Subsequently the then Government approved the licensing
of two public subscription stations - 2MBS FM (Sydney) and
3MBS FM (Melbourne) - on an experimental basis under the Wireless
Telegraphy Act 1905 (W T Act). In 1975 FM experimental
licences were offered to a number of educational institutions
throughout Australia and the first of these, 4ZZZ (Brisbane),
began transmissions in December. During the same period,
planning was completed for the first phase of FM broadcasting
services by the Australian Broadcasting Commission and on
24 January 1976 the ABC FM service began in Sydney, Melbourne,
Adelaide and Canberra.
462. In recent years there has been substantial debate on FM
broadcasting in Australia - on the technical aspects of FM
broadcasting in the VHF band, the role of FM broadcasting in the
commercial, public and national sectors, the general programming
policy for FM broadcasting and the licensing of FM broadcasting
stations. The Inquiry believes it to be important that further
development of FM broadcasting occur within the framework of the
administrative system proposed in this Report.
Technical Considerations
463. It is generally recognised that FM broadcasting has the
following advantages:
.. higher volume without receiver noise .. extended audio frequency
.. stereophonic transmission
.. freedom from the effects of atmospheric and man-made
noises
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.. closer geographic sharing of the same channel through
its potential for directional transmissions ⢷ no fade or distortion.
464. On the other hand, AM broadcasting has the following
advantages:
.. penetration to more distant audiences
.. better coverage in areas of variable topography
.. less extravagant use of frequency spectrum space.
Planning
465. The Inquiry suggests that one of the immediate tasks of
the Broadcasting Planning Board will be to plan the development
of FM broadcasting. The following points should be emphasised:
.. although it is popular to refer to the new service as
"FM broadcasting", the advantages which will accrue
from this service arise "rather more from the use of the
very high frequency portion of the radio spectrum than
from the use of the frequency modulation method;
.. because of its superior capabilities, the Inquiry
supports the earliest possible introduction of FM
services. It also recommends the earliest possible finalisation of plans to increase the capacity of the
88-108 MHz band by the transfer of the existing
television services to new bands; .. the Inquiry has also considered the novel feature of
the Australian standards which provide for the radiation
of a lower quality monophonic sound transmission
simultaneously with the normal high quality stereophonic
transmission. The Inquiry draws attention to the many
valuable uses to which this transmission could be put
and recommends that its application be carefully
considered within the near future.
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The Role of FM Broadcasting
466. FM broadcasting on the VHF band is a qualitatively
different medium from AM broadcasting on the medium frequency
band. The Inquiry believes that the maximum advantage should be
taken of its potential. In the more closely settled areas
full development of FM broadcasting will provide great
opportunities for separate, improved programming services.
These should be used to add to the range and diversity of radio
in Australia, adding a new dimension to existing programs and
not merely duplicating them.
467. The directional broadcasting qualities of FM will be
particularly significant in reaching specific audiences in
defined geographic areas. AM broadcasting, however, is better
adapted to providing high-powered, far-reaching coverage in
sparsely populated regions.
468. The Inquiry proposes that each of the three sectors of
the Australian broadcasting system have access to FM broadcasting.
It supports the recommendation of the McLean Inquiry that the
national radio service be expanded to include a network of FM
stations and that FM licences be issued as soon as possible to
both commercial and public broadcasters.
469. The Inquiry recommends that the criterion for choosing
to grant AM rather than FM licences (or vice versa) should simply
be which mode is technically the more appropriate to the
programming involved.
148
Planning Considerations
470. In a country with the topographical features and
population distribution of Australia, there are great advantages
to be had by reserving the medium frequency (MF) band to coverage
of sparsely populated areas. AM broadcasting (which uses the
medium frequency band) offers advantages in, for example, outback
areas. Used with high power transmitters and directional
aerials, it will give daytime coverage over wide areas of country
in a way which presents difficulties for FM VHF broadcasting.
471. The inverse consideration applies in densely populated
areas like the major capital cities on the eastern seaboard.
There it is possible to take advantage of hilly topography
deliberately to limit coverage by using the very high frequency
band. It is therefore an attractive planning approach to
consider a total broadcasting system for Australia which uses mainly VHF for settled areas and mainly MF for less densely
settled areas.
472. When this general concept is applied to the long-term future development of broadcasting, it will be seen that there
are other advantages to such an approach. If the number of radio
services available is to be maximised, the present planning of
the medium frequency band will need to be revised (some revisions
have already begun). However, this revision entails substantial costs to operators. The existing capital city operators in
Sydney and Melbourne, for example, will be involved in
considerable costs if they are directed to equip themselves with
directional aerials. This would require them to move further out of the cities (to the larger sites required) and to increase
substantially the power of their transmitters.
149
473. To put the same point differently, there are substantial
costs involved even if we continue using the medium frequency
band in capital cities. It would seem that the costs involved
in setting up a completely new VHF FM service in Sydney and
Melbourne would not be significantly different from those
involved in staying in MF AM. It is therefore of great
importance to the proper planning of development that space be
provided in the VHF band to accommodate all existing AM broad
casters in the major capital cities.
474. Space can be provided for existing AM (medium frequency)
broadcasters only if this is planned from the beginning; it will
become increasingly difficult if frequencies are first allocated
to other uses. The prime consideration should be to ensure
that the whole band (88-108 MHz) is made available for FM broad
casting. This means that the planned transfers of television
Channels 3 and 4 to another part of the spectrum should
be expedited. At present, there are two alternatives available:
(i) transfer the Civil Aviation Service elsewhere and
make a further television channel 9A available
between Channels 9 and 10 in the VHF band;
(ii) transfer at least some of the Channel 3 and 4
television services out of the VHF band into the
UHF band.
Whichever alternative is chosen, there is a compelling need to
finalize plans for the removal of Channels 3 and 4 (at least in
proximity to capital cities) from 88-108 MHz in time to allow
AM operators to transfer to FM.
Licensing FM Broadcasters
475. It will be seen from the discussion of planning
considerations that a policy on FM broadcasting involves a great
deal more than simply deciding who gets a licence. However,
decisions will have to be made in this area, and the Inquiry
150
suggests the following general points for consideration by the Australian Broadcasting Tribunal:
(i) Ownership and control provisions: If FM licences are
regarded as separate licences under the B & T Act (or appropriate
new legislation), it will not be possible for many existing AM
operators to take up a controlling interest in an FM licence.
The Inquiry believes that there should be no relaxation of the
present ownership and control provisions. However, it accepts
that existing AM operators have a legitimate claim to participate
in the development of FM broadcasting, which in the long term
means the future development of radio broadcasting. It is
therefore recommended that FM licences be regarded as separate licences, but that existing AM broadcasters be offered an FM
licence, to be substituted for their AM licence at any time in
the next ten years. This would allow AM broadcasters to
participate in FM (through a less than controlling interest in
licences), and also allow these broadcasters to choose for
themselves when they wish to make the transition to FM. It
would, however, prevent an undesirable concentration of licences
under the same control at any point in time.
(ii) Coverage area: Compared to AM broadcasting, VHF FM broad
casting can easily be tailored to suit quite specific coverage
areas. It is therefore possible, using FM, to provide a
particular city with a range of local, medium coverage and wide
coverage stations.
The Inquiry believes that it would be a needless
dissipation of this quality to allow licensees to broadcast
beyond their specified coverage area. It therefore recommends
that licences should limit the height of mast, design of aerial
pattern and power of transmitters to that required for such
specific coverage, and that it should be a breach of the
technical standards for a licensee to propagate a signal outside
this coverage area.
151
(iii) Simulcasting: Simulcasting, by which is meant the
simultaneous broadcasting of the same signal on an AM and an FM
station, was a problem in the United States of America. For a
long time it delayed the full development of FM broadcasting by
allowing FM stations to be treated as an appendage to an AM
licence. It will be clear from the comments above that the
Inquiry opposes such a waste of valuable frequencies. The over
riding principle should always be that any new licence extends
the diversity of programs available to listeners. Accordingly,
the Inquiry recommends that simulcasting should only be allowed
in two circ*mstances:
(a) for particular programs where separate production
would only waste resources. Good examples are news and live coverage of sporting events, concerts etc.;
(b) in country areas where the population base is too
small to allow an independent FM broadcaster to be
viable.
Clearly both circ*mstances are a matter of judgment and must
ultimately be left to the Australian Broadcasting Tribunal for
decision.
(iv) Advertising: Consistent with the views expressed above, the
Tribunal recommends against simultaneous ownership of AM and FM
licences in the same coverage area except in country areas where
the population base is too small to allow an independent FM
broadcaster to be viable. Even in this case the Inquiry believes that commercial licensees holding AM and FM licences
might be required to limit the amount of advertising on the FM
station.
(v) Transmission facilities: Section I dealt with the possibility that operators might use a joint transmitting
facility. The Inquiry regards such cost saving arrangements as particularly appropriate for the introduction of FM broadcasting in provincial and country areas.
152
(vi) VHF FM sound receivers: The Inquiry is concerned that
discussions should be held between the Postal and Telecommunica
tions Department, the Broadcasting Council, and equipment
suppliers as soon as possible to ensure that radio receivers
offered for sale in Australia should have the capacity to
receive transmissions in the 88 - 108 MHz band.
UHF Television
476. Following its consideration of the future utilisation of
the newly available UHF channels for television transmissions,
the Inquiry draws particular attention to the need to reserve
sufficient channels for possible new television services.
477. UHF television has already become firmly established in
many overseas countries. The Federal Communications Commission
has promoted the development of such services in the U.S.A.
since 1952, and there are now over 240 UHF commercial television
stations and more than 140 UHF educational stations. In Britain
the use of the UHF band was prompted by the impending intro
duction of 625 line colour television, and the establishment of
the BBC 2 service. It is intended to gradually phase out use of
the original 405 line television services, and a later step will
be the establishment of new 625 line colour services in the UHF
band.
478. Preliminary measures to prepare for the introduction of
UHF in Australia have been taken by the Australian Broadcasting
Control Board, which has incorporated the channelling arrange
ments for UHF determined in May 1974, in the fourth edition of
the Technical Standards for the Australian Television Service.
In mid 1975 the Board informed manufacturers of the need for new
television receivers to be equipped for operation on the UHF channels within the near future. In addition, adaptors to enable
existing VHF receivers to be also used for UHF reception will
153
become available once plans for the radiation of these services
are announced.
479. Initial interest in UHF has arisen from the need to
improve services in areas where it is no longer possible to
allocate VHF channels for translator services.
480. Recent developments in FM radio have further reduced
the availability of VHF television channels. This results from
the immediate clearing of Channel 5 (and the ultimate clearing
of both Channels 3 and 4) to accommodate FM broadcasting
stations as recommended by the Independent Inquiry into Frequency Modulation Broadcasting 1974 for this purpose. The
transfer of some television services to the VHF Channel 5A
should not be regarded as a permanent solution if the management
of the radio spectrum is to accord with international agreements,
and the future requirements of FM radio broadcasting, as
discussed earlier, are to be met.
481. With the likely reduction in VHF channels from thirteen
to a possible maximum of only nine, it will be necessary to study the arrangements which might be made to provide for
additional VHF television channels in Australia, and to make
extended use of UHF channels.
482. It would also seem that expansion into the UHF band,
for purposes of improving the reception of existing services in
and adjoining capital cities, is a necessary development. The Inquiry agrees with present proposals along these lines, in view
of the cost advantages over the alternative of using cable reticulation systems to service poor reception areas.
154
483. However, the Inquiry is concerned that undue use of UHF
channels to transmit existing programs through translator
services may jeopardise the effective future use of the UHF band
to provide alternative programming. This concern applies
particularly to the low or medium coverage public broadcasting
services ideally suited to the higher frequencies.
484. It is also anticipated that the demand for television
which caters for special interests such as educational, community
and ethnic programs will continue to develop, and preparations
should be made for the initiation of new services in the UHF band
in approximately five years.
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SECTION L: SUMMARY OF RECOMMENDATIONS
485. This Inquiry recommends as follows:
1. That the Australian Broadcasting Control Board be disbanded.
2. That the administrative structure of the Australian
broadcasting system be rearranged as follows:
(a) the planning involved in the implementation of
government policy to be carried out by a
Broadcasting Planning Board;
(b) licensing and public inquiries on broadcasting
matters to be the responsibility of an Australian
Broadcasting Tribunal;
(c) broadcasters to be represented in planning and
regulation through a Broadcasting Council.
3. That the disbandment of the Australian Broadcasting Control
Board and the establishment of the Broadcasting Planning
Board, the Australian Broadcasting Tribunal and the
Broadcasting Council take effect upon a date to be proclaimed. 4
4. That the powers and functions of the Broadcasting Planning Board be as outlined in detail in paras 183 to 185 and
summarised as follows:
(a) undertake detailed planning for the introduction
or extension of broadcasting services in the national, commercial and public sectors including:
(i) social and economic planning, research and development
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(ii) technical planning, research and develop
ment including determination of station
operating parameters and the recommendation
of operating frequencies for broadcasting
stations; and
(b) assemble industry data relevant to its functions.
5. That the Broadcasting Planning Board should consist of
three full-time members, all of whom should be appointed by
the Governor-General. (Paras 186 to 190)
6. That if Recommendation 2(a) is not accepted, planning
responsibilities be allocated to the Postal and
Telecommunications Department. (Paras 193 to 196)
7. That the powers and functions of the Australian Broadcasting
Tribunal be as outlined in detail in paras 222 to 224 and
summarised as follows:
(a) hold public inquiries into:
(i) the grant of licences in the commercial and
public sectors
(ii) the renewal of licences in the commercial and public sectors
(iii) the setting of minimum standards of broad
casting practice in programming and
advertising and the periodic review of
these standards
(iv) alleged breaches of licence conditions
(v) the policies and performance of the
Australian Broadcasting Commission
(vi) any aspect of broadcasting referred by the Minister or Broadcasting Council (b) grant, renew, suspend or revoke licences;
158
(c) authorise changes in the ownership and control
of licences, whether by lease, transfer or
changes in shareholdings;
(d) impose penalties on licensees as provided in the Act;
(e) prepare and publish reports on all public inquiries;
and
(f) assemble industry data relevant to its functions.
8. That the Australian Broadcasting Tribunal should consist of
not less than three and not more than five full-time members
and six associate members, all of whom should be appointed
by the Governor-General. (Paras 225 to 227)
9. That the powers and functions of the Broadcasting Council be as outlined in detail in paras 264 to 267 and summarised as follows:
(a) consider and comment on planning proposals for the
introduction, extension or development of Australian broadcasting services;
(b) overview the administration of standards as defined
in codes of broadcasting practice endorsed by the
bodies representing the national, commercial and public sectors;
(c) overview the administration of technical standards
set by the Postal and Telecommunications Department;
(d) receive and respond to complaints on the administra
tion of standards and maintain public registers of
such complaints;
(e) liaise with the industry, the public and other
interested parties on matters concerned with the functions of the Council, and
159
(f) receive, record and analyse, and publish where
applicable, all forms of industry data relating
to its functions.
10. That the Broadcasting Council should consist of nine part
time Councillors appointed by the Governor-General. (Paras 268 and 269)
11. That the Broadcasting Planning Board, the Australian
Broadcasting Tribunal and the Broadcasting Council be
required to provide data relevant to their functions, upon
request to the Postal and Telecommunications Department to
assist it in its policy advisory responsibilities and that
they be authorised to publish such data where appropriate.
(Para 282)
12. That:
(a) the staff of the Broadcasting Planning Board, the
Australian Broadcasting Tribunal and the Broadcasting Council be employed under the Public Service Act 1922;
(b) the Postal and Telecommunications Department be
responsible for management services required by the
Broadcasting Planning Board, Australian Broadcasting Tribunal and Broadcasting Council;
(c) the Permanent Head of the Department be Chief Officer
for the staff concerned.
13. That:
(a) the Broadcasting Planning Board be located in Melbourne;
(b) the Australian Broadcasting Tribunal and the Broadcasting Council be located in Sydney.
(Attachment 20)
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14. That new broadcasting legislation contain a statement of
programming objectives for the Australian broadcasting system. (Para 120)
15. That the Australian broadcasting system be comprised of national, commercial and public sectors. (Paras 112 to 117)
16. That new broadcasting legislation provide for the admini
stration of stations in all three sectors and for the
licensing of public as well as commercial stations.
(Para 223)
17. That the Australian Broadcasting Tribunal be required to hold public inquiries when considering:
(a) the grant of licences;
(b) the renewal of licences; and
(c) alleged breaches of licence conditions,
in the commercial and public sectors. (Paras 232 to 245)
18. That frequency warrants be issued as part of the process of
allocating frequencies for broadcasting and radiocommunica tion services. (Attachment 18)
19. That the Australian Broadcasting Tribunal be granted all the powers presently available to either the Minister or the
Australian Broadcasting Control Board in the administration
of ownership and control provisions applicable to broadcast ing licences. Further, that the Tribunal be required to
keep a register containing material available to it relating
to ownership and control of licences, similar to the requirement in Section 95 of the Trade Practices Act 1974, and to provide for inspection of this register by the
public, as in Section 165 of the same Act. (Paras 251 to 255)
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20. That a substantial degree of self regulation be introduced
to broadcasting administration and that the Australian
Broadcasting Tribunal be directed to:
(a) hold public inquiries into the setting of minimum standards of broadcasting practice in programming
and advertising from which each sector will be
required to develop its own code;
(b) hear complaints against licensees and the
Australian Broadcasting Commission regarding
alleged breaches of their codes of broadcasting
practice;
(c) impose penalties as provided in the relevant
legislation, and publish written judgments stating the reasons for decisions;
(d) undertake periodic review of the minimum standards.
(Paras 257 to 279)
21. That as part of the self regulatory process, the Broadcast
ing Council be required to:
(a) overview the administration of standards as
defined in the codes of broadcasting practice;
(b) receive and respond to complaints on the admini stration of standards; and
(c) maintain a public register of complaints submitted
to it and annotate this register with the action
(if any) taken as a result of each complaint.
(Paras 276 to 277)
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22. That both the Australian Broadcasting Commission and
licensees be required to cause a sound recording to be made of all programs broadcast and:
(a) to retain such recordings for six weeks or longer
if required by the Broadcasting Council7
(b) to make these recordings available to either the
Council or any court on receipt of a notice in writing 7
(c) ensure that the technical quality of these
recordings meets the standards set by the Postal
and Telecommunications Department.
(Para 271)
23. That, at the end of the first three years of "self
regulation", the Australian Broadcasting Tribunal review it
and report to the Minister, making recommendations for change if required. (Para 278)
24. That the decisions of the Australian Broadcasting Tribunal
should be subject to review by the Administrative Appeals Tribunal. (Para 224)
25. That the Postal and Telecommunications Department be
responsible for:
(a) the setting of technical standards including system
standards, equipment standards, station operating
standards, and performance standards for consumer
equipment, in consultation with the Broadcasting Council and industry bodies 7 and
(b) administration of technical standards in consulta tion with the Broadcasting Council.
(Paras 313 to 321)
163
26. That because, in the long term, it may be necessary for the
Government to provide transmission and distribution
facilities for all broadcasting services, the planning of
new services be based wherever possible upon the establish
ment of common transmission facilities. (Paras 301 to 307)
27. That responsibility for the design, procurement, installa
tion, operation and maintenance of transmitting facilities
for the national broadcasting service be transferred from Telecom to the Postal and Telecommunications Department and
that:
(a) for an interim period, the Australian Broadcasting
Commission should have responsibility for operation
and maintenance of the national transmitters on
behalf of the Department;
(b) in the interim period, the Australian Broadcasting Commission should request Telecom to continue its
present "operate and maintain" functions on a
contract basis until the Australian Broadcasting
Commission is ready to assume responsibility on an
area by area basis;
(c) the Department should co-ordinate the transitional
processes involved and should arrange appropriate consultations with the Public Service Board,
Telecom, the Australian Broadcasting Commission
and the staff concerned.
(Paras 308 to 312)
28. That broadcast engineering staff currently on the staff of Telecom and the Australian Broadcasting Control Board be
invited to transfer to the staff of the Postal and
Telecommunications Department, in accordance with the transfer of responsibilities referred to in Recommendation
27, and that:
164
(a) such staff involved in broadcasting planning be
outposted by the Department to the Broadcasting Planning Board;
(b) such staff involved in the operation and
maintenance of the national transmitters be out
posted by the Department to the Australian Broadcasting Commission;
(c) the Department co-ordinate these transfers in
consultation with the Public Service Board,
Telecom, the Australian Broadcasting Commission
and the Broadcasting Planning Board.
(Paras 329 to 336)
29. That, in addition to its present functions and the further
functions referred to in Recommendations 25 to 28, the
Department should assume responsibility for:
(a) investigation of interference and reception problems;
(b) carrying out field studies and field strength
surveys;
(c) examining qualifications of operating staff.
(Paras 322 to 328)
30. That the Australian Broadcasting Commission retain
responsibility for the establishment, operation and
maintenance of its studios, and the administration of its
studio engineering staff. (Para 334)
31. That the Australian Broadcasting Commission continue to be
responsible to Parliament through the Minister for Post and Telecommunications.
165
32. That legislation relating to the Australian Broadcasting
Commission be amended to provide for:
(a) a reduction in the number of Commissioners from
nine (9) to seven (7) members including the
Chairman and Vice Chairman;
(b) appointments to the Commission for periods of up to five (5) years;
(c) a maximum period of membership of ten (10) years;
and
(d) an obligatory retiring age of seventy (70) years.
(Paras 348 to 364)
33. That the policies and performance of the Australian
Broadcasting Commission be subject to review by the
Australian Broadcasting Tribunal every seven years, and that
the first of these reviewd take place in 1980. (Paras 246 to 250)
34. That legislation relating to the Australian Broadcasting Commission be amended:
(a) to allow the Commission to determine the terms and
conditions of employment of officers and employees, other than those at Second Division level, subject
to necessary consultation with the Committee on
Co-ordination of Pay and Conditions and the Public Service Board;
(b) to allow the terms and conditions of employment of
officers and employees of the Commission to be
removed from the jurisdiction of the Public Service Arbitrator. (Paras 403 to 417)
35. That the Australian Broadcasting Commission:
(a) continue to be funded from Consolidated Revenue;
166
(b) receive a "one line" annual parliamentary
appropriation for operations and maintenance
and a further "one line" annual parliamentary
appropriation for capital works and services,
both through the vote of the Postal and Telecommunications Department;
(c) be granted appropriations made in accord with
agreed arrangements for a forward three year
"commitment" of funds.
(Paras 365 to 398)
36. That the Australian Broadcasting Commission hold
discussions with the Department of Administrative Services on land acguisition and the Department of Construction on
services provided by that Department with a view to giving
to the ABC a working but limited delegation in these areas. (Paras 399 to 402)
37. That the number of orchestras employed by the Australian
Broadcasting Commission be limited to that number reguired
to undertake broadcasting functions, and that the Commission
initiate discussions with the Australia Council on the future of those orchestras which may be disbanded.
(Paras 429 to 433)
38. That:
(a) guidelines concerning strategy for programming and
coverage of target areas of Radio Australia be set by the Department of Foreign Affairs in consultation with the Department of Overseas Trade;
167
(b) programs for Radio Australia be prepared and
presented by the Australian Broadcasting
Commission in conformity with these guidelines;
(c) the Commission supply, equip and staff the studios
required;
(d) special budget provisions be made so that the
annual parliamentary appropriations for the programming and studio costs of Radio Australia
are separated from the general appropriations of
the Australian Broadcasting Commission;
(e) the responsibility for radio transmitting stations
and associated remote control facilities for Radio
Australia be transferred from Telecom to the Postal
and Telecommunications Department; (Paras 418 to 428)
(f) the establishment, operation and maintenance of
the transmitters of Radio Australia be on the
same basis as that outlined in paras 308-312.
39. That:
(a) with regard to the development of VHF FM
broadcasting:
(i) the clearing of 88-108 MHz for FM broad
casting be finalised as soon as possible
(ii) the utilisation of the supplementary mono
phonic transmission (on the FM service) be
encouraged,
(b) with regard to the licensing of FM broadcasters:
(i) each of the three sectors of the Australian
broadcasting system have access to FM
broadcasting
168
(ii) the national radio service be expanded to
include a network of FM stations as
resources become available;
(iii) FM licences be issued as soon as possible
to both commercial and public broadcasters
(iv) the criterion for choosing to grant AM
rather than FM licences (or vice versa) be
which mode is technically the more
appropriate to the programming involved;
(c) with regard to the granting of FM broadcasting licences
by the Australian Broadcasting Tribunal, the Tribunal be requested to consider the general points outlined
in para 475 concerning ownership and control
provisions, coverage areas, simulcasting, advertising and transmission facilities;
(d) with regard to VHF FM sound receivers, the Postal
and Telecommunications Department arrange discussions
between officers of the Department, the Broadcasting
Council and equipment suppliers to ensure that radio
receivers offered for sale in Australia should have the capacity to receive transmissions in the 88-108 MHz band.
(Paras 466 to 475)
40. That sufficient channels be reserved in the UHF band so
that, in addition to its use in overcoming television
reception problems, this band will accommodate new television services providing for wider diversification of
programming. (Paras 476 to 484)
41. That a task force be established to evaluate the development
of cable radio and television systems and the policy impli cations of a more widespread introduction of such systems. (Paras 434 to 450)
169
42. That the task force established to study cable radio and
television systems also undertake a study of satellite
broadcasting systems. (Paras 451 to 458)
43. That present ministerial powers and responsibilities,
insofar as they apply to licences for commercial and public
broadcasting stations, translators, repeaters and related
services, be transferred to the Australian Broadcasting
Tribunal as follows:
(a) grant of licences, based on applications invited
by the Minister and referred to the Australian
Broadcasting Tribunal for public inquiry and decision
(b) imposition of licence conditions
(c) renewal, suspension and revocation of licences,
and imposition of penalties
(d) changes in shareholdings, memoranda and articles
of association of the licensee companies, and other matters covered by ownership and control
provisions.
(Paras 222 to 223)
44. That the present ministerial powers and responsibilities,
insofar as they apply to the Australian Broadcasting Commission, be varied by:
(a) deleting Section 43(5) of the B & T Act. (This
provides at present for the Minister to approve
the appointment to the Australian Broadcasting Commission of a person who is not a British subject and who has not made the oath or affirmation of allegiance.)
170
(b) deleting Section 46A of the B & T Act. (This
provides at present for the Minister to approve
the salary of a position in the service of the
Australian Broadcasting Commission in excess of $9500 per annum.)
(c) amending Sections 61 and 62 of the B & T Act to
provide that the Australian Broadcasting Commission shall not, except with the approval of the Minister,
enter into a contract for an amount exceeding
$250,000 (rather than the present provision of
$ 100,000).
(Paras 485 to 486)
45. That the Administrative Arrangements Order be varied so that
it refers specifically to broadcasting responsibilities and
that:
(a) the Minister for Post and Telecommunications
become the Minister for Communications;
(b) the Postal and Telecommunications Department
become the Department of Communications.
(Paras 157 to 158)
46. That as a first step the Minister for Post and Telecommuni
cations be authorised to prepare legislation immediately amending the Broadcasting and Television Act 1942 to disband
the Australian Broadcasting Control Board and establish the
Broadcasting Planning Board, the Australian Broadcasting Tribunal and Broadcasting Council, allowing the present functions and responsibilities of the Australian Broadcast
ing Control Board to be assigned to the new bodies and the Postal and Telecommunications Department without delay.
(Attachment 16)
171
47. That as a second step the Minister for Post and Telecommuni
cations be authorised to prepare legislation to create two
new Acts titled:
Broadcasting Act
Radio Frequency Management Act
and to prepare also consequential amendments to other
legislation. (Attachment 17 and Attachment 18)
48. That funds be appropriated for the establishment and
operation of the Broadcasting Planning Board, the Australian
Broadcasting Tribunal and the Broadcasting Council, and
that current appropriations be reviewed having regard for
the disbandment of the Australian Broadcasting Control Board
and the transfer of some of its technical functions to the
Postal and Telecommunications Department.
These recommendations are necessarily restricted to the terms of
reference of this Inquiry. However, as noted in Section N, a
wide range of other matters have been canvassed in the
submissions to the Inquiry and these should become the subject
of further investigation and report to the Minister.
172
SECTION M: LEGISLATION
486. Both the Broadcasting and Television Act 1942 and the
Wireless Telegraphy Act 1905 are considered to be outmoded and
inappropriate to the present and future requirements of the
broadcasting system. Accordingly, it is proposed that this opportunity be taken to create two new Acts titled:
.. Broadcasting Act
.â Radio Frequency Management Act
487. It is further proposed that:
.. the Broadcasting and Television Act 1942 be amended
immediately to disband the Australian Broadcasting
Control Board and establish the Broadcasting Planning
Board, the Australian Broadcasting Tribunal and the
Broadcasting Council, all on a date to be advised by
Proclamation, so that the present functions and
responsibilities of the Australian Broadcasting
Control Board can be assigned to the new bodies, as
summarised in Attachment 16;
.. a bill for a new Broadcasting Act be drafted as
soon as possible to replace the existing Broadcasting
and Television Act 1942. This should take into consideration the proposed amendments to this Act
outlined in Attachment 17;
.. a Bill for a new Radio Frequency Management Act be
drafted as soon as possible to replace the existing
Wireless Telegraphy Act 1905. This should take into
consideration the proposed amendments to this Act
outlined in Attachment 18; and
â. consequential amendments be undertaken to related legislation as summarised in Attachment 13. ,
173
488. It should be noted that the proposed amendments cover
the changes in legislation which will be necessary if the
recommendations of this Inquiry are accepted and, in addition,
they cover amendments which have been under discussion for
some time but which have been deferred pending a major review
of the legislation, such as that now contemplated0
174
SECTION N: ISSUES FOR FUTURE CONSIDERATION
489. The Inquiry, in its deliberations and in the
preparation of this Report, has endeavoured to concentrate on
matters directly covered in the terms of reference established
by the Minister. However, it is clear from the wide range of
subjects canvassed in the submissions that there are a number
of issues outside this brief, or only indirectly related to
the concern of the current Inquiry, which should rightly
become the subject of future investigation,
490. Individuals, community and industry groups alike
revealed a most responsible interest in many aspects of
broadcasting, and went to considerable effort to draw the
attention of the Inquiry to areas where they perceived
improvements to be needed, where worthwhile changes could
possibly be effected,or where further research was necessary.
491_ Attachment 21 lists some of these topics under the
general heading of "Summary of Issues for Future Consideration".
It is proposed that these matters be referred to the bodies
recommended in this Report to accept authority for those
particular areas of broadcasting or, where appropriate, they
should be the subject of further investigation by the Department.
175
ATTACHMENT 1
ORGANISATIONS AND INDIVIDUALS WHO MADE
SUBMISSIONS TO THE INQUIRY
Access Video, Carlton, Vic. Actors' & Announcers' Equity Association of Australia, Jolimont, Vic. Adco*ck, K., Rockhampton, Qld Advertising Federation of Australia, North Sydney, N.S.W. Aitchison, Professor R. E., North Ryde, N.S.W. Albon, P ., Ballarat, Vic. Allen, W. & J., Gympie, Qld Amalgamated Television Services Pty Ltd (Channel 7), Epping,
Sydney, N.S.W. (Confidential) Amalgamated Wireless (Australasia) Ltd, Sydney, N.S.W. Ambrose, M., Tarragindi, Qld Anderson, A., Kensington Gardens, S.A. Anderson, R., Kensington Gardens, S.A. Andrews, V., Hendra, Qld Anglican Radio Unit, Sydney, N.S.W. Antill, F., Manly, N.S.W.
Apel, P ., Rockhampton, Qld Apelt, Dr. C. J., Indooroopilly, Qld Arts Council of Australia, North Sydney, N.S.W.
Association of Teachers of Film & Video, North Carlton, Vic. Associazone Nazionale Famiglie degliemigrati, Mile End, S.A. Aunty's nieces & nephews, Camberwell, Vic. Australian Association for Cultural Freedom, Sydney, N.S.W. Australian Association of National Advertisers, North Sydney,
N.S.W.
Australian Broadcasting Commission, Sydney, N.S.W. Australian Broadcasting Commission, N.S.W. State Advisory Committee, Sydney, N.S.W. Australian Broadcasting Commission, State Advisory Committee of
Western Australia, Floreat Park, W.A. Australian Broadcasting Commission, News Division Journalists, Sydney, N.S.W. ABC Senior Officers Association, Sydney, N.S.W.
ABC Staff Association, St. Leonards, N.S.W. Australian Broadcasting Control Board, Melbourne, Vic. Australian Broadcasting Control Board, the Engineers, Melbourne, Vic.
Australian Broadcasting Control Board, the Engineers of the State Offices, Melbourne, Vic. A.C.T. Council for Children's Film & T.V., Canberra, A.C.T. A.C.T. Council of Cultural Societies Inc., Canberra, A.C.T. Australian Children's Television Action Committee, Melbourne,
Vic.
A1
Australian Churches Media Association, Melbourne, Vic. Australian Council for Children's Films & Television, Vermont, Vic. Australian Council of State School Organisations, Sydney, N.S.W. Australian Federation of Consumer Organisations, Canberra, A.C.T. Australian Geography Teachers'Association, Bald Hills, Qld Australian Greek Welfare Society, Melbourne, Vic. Australian Labor Party, Darlington Branch, Sydney, N.S.W. Australian Labor Party, Nottinghill Branch, Nottinghill, Vic. Australian Labor Party, Toowong Branch, Indooroopilly, Qld A.L.P. Federal Electorate Council (Hughes), Austinmer, N.S.W. A.L.P. Federal Electorate Council (Shortland), Kotara, N.S.W. Australian Telecommunications Commission, Melbourne, Vic. Australian Telecommunications Employees' Association, Melbourne,
Vic.
Australian Theatrical & Amusem*nt Employees' Association, Glebe, N.S.W. '
Australian Trade Union Training Authority, Carlton South, Vic. Australian Writers’ Guild, North Sydney, N.S.W. Austrama Television Pty Ltd (ATV-0) and United Telecasters Sydney Ltd (TEN-10), North Ryde, N.S.W. (Confidential)
Ayers, Rowan, Forestville, N.S.W.
Baker, P., Lane Cove, N.S.W. Ballard, A. M . , Upper Mt. Gravatt, Qld Balzer, N . , Dunoon, N.S.W. Baptist Church, Cleveland, Qld Barrow, Î. A., Penrith, N.S.W. Bate, R. E., Bayswater, Vic. Bauman, A. M., Rockhampton, Qld Baxter, A., Glen Iris, Vic. Baxter, J. & G., Orange, N.S.W. Baxter, J. R., Glen Iris, Vic. Bayside Ladies Group, Manly, Qld Beard, W. E., Melbourne, Vic. (Confidential) Beattie, G., Beaumaris, Vic. Beech, J. & 0., Coorparoo, Qld Beer, P. R., Armidale, N.S.W. Bell, L., Ballarat, Vic. Benfield, R. E., Sandringham, Vic. Bennetts, G., Turramurra, N.S.W. Berserker St. Infants State School, Rockhampton, Qld Berserker St. Methodist Church, Rockhampton, Qld Sevan, J., Corinda, Qld Birman, J., Nedlands, W.A. Blanche, C ., Glebe, N.S.W. Bleakley, T ., Buderim, Qld Bluk, H., East Perth, W.A.
A2
Bond, C ., Rockhampton, Qld Bond, M . , Malvern, Vic. Bond, N., Rockhampton, Qld Booth, J. F., Ryde, N.S.W. Boschan, P., Rockhampton, Qld Bouman, F., Cremorne, N.S.W. Boundy, Î. E., Balwyn, Vic. Bourke, D. E., Rockhampton, Qld Bower, R. , St. Leonards, N.S.W.
Boyd, J., Traralgon, Vic. Boyle, A., Mondure, Qld Bradly, B. J., Sassafras, Vic. Bragg, A. F., Seaforth, N.S.W. Brennan, J., Hendra, Qld Briggs, T . L., Penshurst, N.S.W. Broadcast Amalgamated Ltd, Tamworth, Brown, A., New Farm, Qld Brown, B. B., North Rockhampton, Qld Brown, F. Î. K., Northwood, N.S.W. Browne, J . , Dalby, Qld Brudenell, B., Hampton, Vic. Burgis, P., Pearce, A.C.T. Burke, J., Rockhampton, Qld Bush, A. C ., Nunawading, Vic. Bush, C., South Yarra, Vic.
N.S.W.
Cairns, J. D. & A. P ., Merricks, North Vic. Cairns, L. G., Milperra, N.S.W. Carroll, M. J., Labrador, Qld Carroll, W. S ., Aitkenvale, Qld Cassidy, F., Canberra, A.C.T. Catholic Diocese of Rockhampton, Qld Catholic Presbytery, West Cairns, Qld Catholic Radio & Television, Adelaide, S.A. Catholic Radio & Television Council, Perth, W.A. Catholic Research Group, Brisbane, Qld
Catholic Women's League, Sydney, N.S.W. Catholic Women's League, Toowoomba, Qld Chapman, P . E ., Dartmouth, Qld Cheesman, L., Corinda, Qld
Chesterfield-Evans, A., Glebe, N.S.W. Christ Centred Radio Incorporated, Walkerville, S.A. Christian Broadcasting Association, Five Dock, N.S.W. Christian Television Association, Albion, Qld Christian Television Association, (Womens Auxiliary of Sydney),
Lane Cove, N.S.W. Church of Christ Scientist, Sydney, N.S.W. Church of England, Diocese of Sydney, N.S.W. Church of England, Board of Education (Sydney Diocese), N.S.W.
A3
Clanfield St. Neighborhood Group, North Rockhampton, Qld Clarke, B . C ., Eagle Junction, Qld co*ker, J. P ., Melbourne, Vic. Coman, J. A., Bilgola Plateau, N.S.W. Commission on Advanced Education, Canberra, A.C.T. (Confidential) Commissioner for Community Relations, Canberra, A.C.T. Community Aid Abroad, North Sydney, N.S.W. Community Radio Federation Ltd, Melbourne, Vic. Community Standards Organisation, Brisbane, Qld Compton, H., Darwin, N.T. Concerned Parents, Carina, Qld Connell, W . , Sydney, N.S.W. Connor, Dr. B. H., Armidale, N.S.W. Conservation and Wildlife Study Group, Sydney, N.S.W. Conservation Council of South Australia Inc., Adelaide, S.A.
Consolidated Press Holdings Ltd, Sydney, N.S.W. Council of Churches in N.S.W., Artarmon, N.S.W. Courvisanos, J., Mascot, N.S.W. Cowan, J. R . , East Malvern, Vic. Cox, D . M . , Deniliquin, N.S.W. Cfase, C. R., Stirling, S.A. Crawford, K. E., North Carlton, Vic. Crawford, M. A., Holt, A.C.T. Crossman, J. L., Canterbury, Vic. Crow, A. P ., Rockhampton, Qld Crowe, Dr. P ., North Quay, Qld (Confidential) Crowley, Dr. D. W . , Sydney, N.S.W. Cseti, D . & V., Neutral Bay, N.S.W. Gumming, A., Manypeaks, W.A. Cummings, Î. M . , Currumbin Beach, Qld Curriculum Development Centre, Woden, A.C.T.
Darling, P ., Melbourne, Vic. Darmo, P. G., Fairfield, N.S.W. Davies, W. M. Perth, W.A. Davis, M . , Manjimup, W.A. Dawson, G. H., Gympie, Qld Denis, Mother M . , and Sisters of St. Joseph, North Sydney,
N.S.W.
Department of Aboriginal Affairs (Commonwealth) Canberra, A.C.T. Department of Agriculture (Victoria), Melbourne, Vic. Department of Agriculture (Western Australia), South Perth, W.A. Department of Agriculture & Fisheries, (South Australia),
Adelaide, S.A. Department of Construction (Commonwealth), Melbourne, Vic. Department of Defence (Commonwealth), Canberra, A.C.T. Department of Education (Commonwealth), Woden, A.C.T. Department of Employment & Industrial Relations (Commonwealth)
Melbourne, Vic. Department of Foreign Affairs (Commonwealth), Canberra, A.C.T.
A4
Department of Health (Commonwealth), Canberra, A.C.T. Department of Primary Industries, (N.S.W.), Minister D . Day, Sydney, N.S.W. Department of Primary Industry (Commonwealth), Canberra, A.C.T. Department of Science (Commonwealth), Phillip, A.C.T. Department of Social Security (Commonwealth), Canberra, A.C.T. Dingley, L. M . , Rockhampton, Qld Director-General of Further Education, Adelaide, S.A. Directors-General of Education of the States of Australia,
Melbourne, Vic. Dobson, A. J . & Family, Rockhampton, Qld Doggrell, K. H., Gympie, Qld Donoghue, S., Sandgate, Qld Dougall, Î. M . , Rockhampton, Qld
Duffield, L. R., Sydney, N.S.W. Dunsmuir, H., Prahan, Vic. Dunsmuir, I., Gardenvale, Vic.
Dunster, E., Coorparoo, Qld Durkin, L., Rockhampton, Qld
Eadie, K., Drummoyne, N.S.W. Edens, V., Notting Hill, Vic. E.M.I, (Australia) Ltd, Sydney, N.S.W. Electronics Importers' Association, Sydney, N.S.W. Emmingham, D., Warrimoo, N.S.W. Employers Broadcasting Ltd, Hawthorn, Vic. Everingham, H. C., Wauchope, N.S.W.
Fable Records Co. Pty Ltd, North Sydney, N.S.W. (Confidential) Farran, Dr. A. C. C., Clayton, Vic. Federation of Australian Commercial Television Stations, Sydney, N.S.W.
Federation of Australian Radio Broadcasters, Milsons Point, N.S.W. Federation of Parents & Citizens' Associations of N.S.W., Sydney, N.S.W.
Fenton, B . C., Beaumaris, Vic. Ferguson, M . , Manly, Qld Ferguson, S ., Hurstbridge, Qld Festival of Light, Melbourne, Vic.
Festival of Light, Northgate, Qld Festival of Light, The Australian, Sydney, N.S.W. (Confidential) Festival of Light & Community Standards Organisation of South Australia, Adelaide, S.A.
Film and Television Production Association of Australia, Sydney, N.S.W. Film and Television School, North Ryde, N.S.W, Film, Radio & Television Board, Australia Council, North Sydney,
N.S.W.
Finlay, N . , Rockhampton, Qld First International Research Secretariat: . Ptv Ltd, Sydney, N.S.W.
A5
Fist, S., Crows Nest, Sydney, N.S.W. Fitzgerald, V. A., Adderley, Qld Fountain, A. N . , Swan Hill, Vic. 4ZZZ-FM, (University of Queensland Union), St. Lucia, Qld
Foster, Î. E., Belmont, Vic. Fowler, J. L., Beaumaris, Vic. Free Media, St. Lucia, Qld Friends of the ABC, Lindfield, N.S.W. Frost, M., Petersham, N.S.W. Fry, B. H., Ashburton, Vic.
Gallardo, M . , East Caulfield, Vic. Gaynor, N., Toorak, Vic. Geaney, M. J., Rockhampton, Qld Gibb, P. A., Burwood, Vic. Gillespie, O., Caboolture, Qld Gippsland Community Radio Society, Churchill, Vic. Glasson, G. J., Dubbo, N.S.W. Glover, S. K., Mt. Waverley, Vic. Good News Broadcasters Pty Ltd, Perth, W.A. Gould-Hurst, Dr. P. R. S., Campbelltown, S.A. Grace Gibson Radio Productions Pty Ltd, North Sydney, N.S.W. Graham, D., South Bentley, W.A. Grantham, S. R., Hendra, Qld Graziers Association of New South Wales, Sydney, N.S.W. Gree, L., Silver Creek, Vic. Green, E. L., Taroom, Qld Greenwood, I. A . , Shenton Park, W.A. Grossbard, J., & Wall, B ., Croydon, N.S.W. Group Television Services Pty Ltd, Ringwood, Vic. (Confidential) Guardian Angels Parish, Wynnum, Qld Gubbins, R., Yallourn, Vic. Guest, G. T., Mont Albert North, Vic.
Haggarty, A. T ., Griffith, N.S.W. Hampton, J. L. & H. G., Mentone, Vic. Hanlon, Î. V. 0., Ainslie, A.C.T. Hansen, D. K., Glen Waverley, Vic. Hardie, E. K., Box Hill North, Vic. Hardy-Atkins, P ., Mount Lawley, W.A. Harrison, J. C ., Rockhampton, Qld Harrison, K. B., Caringbah, N.S.W. Harris, W. M . , Glen Iris, Vic. Hartley, B ., Greensborough, Vic. Hatfield, A., Weetangera, A.C.T. Hatton, D., Templestowe, Vic. Haughton, H., North Carlton, Vic. Hawkins, J. C., Ashgrove, Qld Haydon, T., & Levy, C., North Sydney, N.S.W.
A6
Hayes, J . , Coopers Plain, Qld Henderson, B., Reid, A.C.T. Herald-Sun T.V. Proprietary Limited, Melbourne, Vic. Higgins, W. , North Ryde, N.S.W. Hill, Archdeacon F. M . , Mossy Point, N.S.W. Hilton, C . , Hendra, Qld Holmes, M . , Airlie Beach, Qld Hope Foundation Ltd, Newtown, Tas. Horsham, City of, Vic. Horsley, K., Corinda, Qld Howard, E., Eltham, Vic. Howard, E . J ., Rockhampton, Qld Howarth, J., Weymouth, Tas. Howe, A. G., Woolooga, Qld Hughes, R. E. M . , North Ryde, N.S.W. Humanist Society of Queensland, Brisbane, Qld Hutchinson, E. R . , Heathwood, N.S.W. Hynes, J . , Rockhampton, Qld
Illawarra Broadcasters Pty Ltd, Wollongong, N.S.W. Inner City Radio Coalition, Glebe, N.S.W. Institution of Radio & Electronics Engineers Australia, Sydney, N.S.W. Interim A.C.T. Schools Authority, Canberra, A.C.T. Ireland, R. W. & L . , Caringbah, N.S.W. Ivory, P. D . , Glebe, N.S.W.
Jackson, E. R., Chermside, Qld Jagaw, B., Seaford, Vic. Jakimoff, A.&family, Chadstone, Vic. James-Bailey, J., North Ryde, N.S.W. Jeffree, D . , Penrith, N.S.W. Jell, A., Annerley, Qld Jenson, C., Bundaberg, Qld
Johnson, B., Hunters Hill, N.S.W. Johnson, J., Wellington, N.S.W. Johnston, C., Miranda, N.S.W.. Johnston, M. C., Chatswood, N.S.W.
Joint Committee for the Study of Film & Television, Carlton, Vic. Jones, C., Hawthorn, Vic. Jones, D . , Rozelle, N.S.W. Jones, I., Rockhampton, Qld
Jones, P., Randwick, N.S.W. Joyner, 1., Woody Point, Qld Joyner, L., Woody Point, Qld
Keane, S. A., Ashgrove, Qld Kelly, T. P., Ashgrove , Qld
A7
Kempson, F. A., Rostrevor, S.A. Keogh, M . , Killara, N.S.W. Ketley, A., & Van Der Mark, J . , Canberra, A.C.T. Keyser, B., & Molnar, H., Melbourne, Vic. Rightly, P ., Mitcham, Vic. Killin, M . , Sydney, N.S.W. Kirk Session, Alexander Thomson Presbyterian Church, Belmont,
Vic.
Kirk Session, St. James' Presbyterian Church, Herne Hill, Vic. Kirk Session of the Presbyterian Church, Queenscliff, Vic. Kirkby, M . , Mosman Junction, N.S.W. Korwill, F. C ., Nedlands, W.A.
Laird, P. G., & Nillsen, R. V., Keiraville & Gwynneville, N.S.W. Law, M . , Paddington, Sydney, N.S.W. Lawson, R., Cremorne Point, N.S.W. Lepper, A. E., New Farm, Qld Levien, B. J., Armidale, N.S.W. Levy, W . , Malvern, Vic. Liberal Party (Victoria Division), Migrant Affairs Committee,
South Melbourne, Vic. Library Association of Australia, Perth, W.A. Library Association of Australia, Sydney, N.S.W. Little, E. J., Trundle, Vic. Little, J., Croydon, Vic. Liverpool-Green Valley Community Radio, Miller, N.S.W. Longbottom, T . N., Eccleston, N.S.W. Lourdes Hill Past Pupils Association, Newmarket, Qld Lowe, J., Boronia, Vic. Lucas, A., Burwood, Vic. Lucas, A. B., Ensay, Vic. Lynch, T. B., Rockhampton, Qld
Mace, A. R. & P . A., Woronora River, N.S.W. McAuley, I., Curtin, A.C.T. McDermott, A., Rockhampton, Qld Machliss, B., Northwood, N.S.W. McKay, H. C., Mildura, Vic. McKee, B ., Rockhampton, Qld MacKenzie, D . , West Ryde, N.S.W. MacKinnon, D. B., Lambton, N.S.W. MacKinnon, R., Pearce's Creek, N.S.W. McLay, C ., Cottles Bridge, Vic. MacLean, R. J . , Clontarf, Qld McNaught, P., St. Lucia, Qld MacPherson, L., Wynnum, Qld Maddock, R., Ashgrove, Qld
Majellan Club, St Kevins Church, Geebung, Qld Manly Warringah Media Co-operative, Dee Why, N.S.W. Mann, C., Coorparoo, Qld
A8
Manuel, A. T ., Rockhampton, Qld Marsden, A., Balwyn, Vic. Martin, D., Surry Hills, N.S.W. Martin, J. G., Nunawading, Vic. Massy-Westropp, F. W. , Jamberoo, N.S.W. Mastect, H., Slack's Creek, Qld
Mawick, L., Pomona, Qld May, Professor J. D., St. Lucia, Qld May, Mrs., Upper Mt. Gravatt, Qld May, T., Mosman, N.S.W. Mayer, Professor H., Sydney, N.S.W. Melbourne Archdiocese, Diocesan Commission on Migration,
Fitzroy, Melbourne, Vic. Meredith, K. B., Malvern, Vic. Methodist Church, Belmont, Vic. Methodist Church, East Brisbane, Qld Methodist Church Circuit, Wynnum, Qld Michie, J. A., Collaroy, N.S.W. Miller, J. B., Berwick, Vic. Miller, M . , Elsternwick, Vic.
Minge, B. R . , Beenleight, Qld Mooney, B. V., Hendra, Qld Mooney, J. W . , Hendra, Qld Moore, G., Rockhampton, Qld
Moore, T., Hackett, A.C.T. Morrell, S., Seven Hills, N.S.W. Morris, R . , Goodna, Qld
Mosse, V. F. U., Glenroy, Vic. Mumford, R., Dee Why, N.S.W. Mumme, M. C., Brighton, Vic. Murray, G., Williamstown, Vic. Murray, N. W . , North Clayton, Vic. Music Broadcasting Society of New South Wales Cooperative Ltd,
(2MBS-FM), St. Leonards, N.S.W. Music Broadcasting Society of Victoria, (3MBS-FM), Kew, Vic. Musicians Union (Sydney Branch), N.S.W. Musicians Union of Australia, Windsor, Vic. Mutton, A., Richmond, Vic.
Mutzelburg, L. J., Margate, Qld
Napier, F., Paddington, N.S.W. Nash, J . , North Ryde, N.S.W. National Action Group, Taroom, Qld National Council of Women of Australia, Manuka, A.C.T. National Council of Women of Australian Capital Territory (Inc),
Canberra, A.C.T. National Institute of Dramatic Art, Sydney, N.S.W. National People's Party of Australia, East Maitland, N.S.W.
A9
Neave, G. , Mannum, S.A. Nepean College of Advanced Education, Kingswood, N.S.W. Nepean Community Radio Society, Penrith, N.S.W.
New South Wales Labor Women's Committee, Sydney, N.S.W. N.S.W7. Liberal Communication Committee, Sydney, N.S.W. N.S.W. Methodist Conference, Burwood, N.S.W. N.S.W. Teachers' Federation, Sydney, N.S.W. Niland, A., Sunnybank, Qld Northern Rivers College of Advanced Education, Lismore, N.S.W.
O'Brien, D . , Stafford Heights, Qld O'Brien, H., Aspley, Qld O'Connor, D . , Surrey Hills, Vic. O'Connor, E . M . , Hampton, Vic. O'Connor, J., Hampton, Vic. 0'Doherty, N., Camberwell, Vic. Officer, M. J., Camberwell, Vic. Old Post Office Community Arts Centre, St. Marys, N.S.W. Oliva, M. L., Tatura, Vic. O'Sullivan, J. T ., Rockhampton, Qld Our Lady of Graces Parish, Carina, Qld Our Lady of the Assumption Church, Norman Park, Qld Owen, T. H., West Heidelberg, Vic.
P. A. Consulting Services Pty Ltd, North Sydney, N.S.W. (Confidential) Palmer, D., Everton Park, Qld Palmer, R. W . , Cottonvale, Qld Parker W . , Norman Park, Qld Partridge, N., Perth, W.A. (Confidential) Pegrum, E. F., Narrabundah, A.C.T. Pelly, A., Killara, N.S.W. Pemberton, F. A., Taringa, Qld Peters, M., Georges Hall, N.S.W. Peterson, G., Bundaberg, Qld Petty, B ., Woollahra, N.S.W. Phillips Industries Holdings Ltd, Sydney, N.S.W. (Confidential) Pigram, J. J . , Armidale, N.S.W. Pinwill, A., G yndah, Qld Planned Music Sydney Pty Ltd, Sydney, N.S.W. Potter, T., Adelaide, S.A. Power, F. R., Sandringham, Vic. Presbyterian Church, Mayfield, Qld Presbyterian Church of Queensland, Bell Charge, Qld Priddle, V. J. F., Rockhampton, Qld Producers' & Directors' Guild of Australia, Double Bay, N.S.W. Professional Radio and Electronics Employees' Institute of
Australasia, Sydney, N.S.W.
A10
Prulewicz, G., McGregor, Qld Pryor, L, , Frenchville, Qld Public Broadcasting Association of Australia, North Sydney, N.S.W.
Public Broadcasting Association of Australia, (Broadcasting Legislation Study), North Sydney, N.S.W. Public Broadcasting Association of Australia, (Technical Committee), North Sydney, N.S.W. Public Service Board, Canberra, A.C.T. Purnell, W. E., Camberwell, Vic.
Queensland Country Women's Association, Brisbane, Qld Queensland Housewives'Association, North Quay, Qld Queensland Music Broadcasting Society, Toowong, Qld
Rackl, E., North Bondi, N.S.W. Radford, P., Wattle Park, Vic. Radio CHY, Goff's Harbour, N.S.W. Radio for the Blind Committee, Pascoe Vale South, Vic. Regina Gaeli Parish, Coorparoo, Qld Regional Dailies of Australia, Melbourne, Vic. Renshaw, P .,
Renwick, Professor C., Tighes Hill, N.S.W. Richards, R., Bourke, P., & Brine, R., East Burwood, Vic. Ritchie, R., Burwood, Vic. Robinson, G. R., Mt. Gravatt, Qld Robinson, P., Engadine, N.S.W.
Roberts, M. L., Kew, Vic. Robertson, J., Eastwood, N.S.W. Roder, J . , East Oakleigh, Vic.
Royal Australian College of General Practitioners, Sydney, N.S.W. Royal Melbourne Institute of Technology, Media Studies Students, Melbourne, Vic. Royce Smeal Group of Companies, Crows Nest, Sydney, N.S.W.
Ryan, K., Blackburn South, Vic.
Salvation Army, Sydney, N.S.W. Santamaria, B. A., Hawthorn, Vic. Saunders, R., Sydney, N.S.W. Savin, C., Beaumaris, Vic. (Confidential)
Sayer, S. B., Sydney, N.S.W. Schacht, S., Rochedale, Qld Schaefer, E., Mont Albert, Vic. Scragg, Rev. M . , Brisbane, Qld
Sebire, L. D., Parkdale, Vic. (Confidential) Serrurier, J. & V., Mentone, Qld Seymour, M . , Glebe, N.S.W.
Shannon, E. M . , Rockhampton, Qld
All
Sharpe, H. W. , St. Kilda, Vic. Shaw, D . H., Sandringham, Vic. Sheridan, R. J . , Westmead, N.S.W. Shilson, P. B ., Cheltenham, Vic. Shoobert, R., A. & J., Hornsby Heights, N.S.W. Silberberg, J., Alphington, Vic. Sinclair, K. E., Lane Cove, N.S.W.
Sisters of Perpetual Adoration, Fortitude Valley, Qld 6UWA-F.M., (University of W.A.) Nedlands, W.A. Skinner, Dr. R. J., Annerley, Qld Smith, J. North Manly, N.S.W. Smith, N. V., Oakleigh, Vic. Smith, S., Tempe, N.S.W. Smith, S. W . , Heathcote, N.S.W. Society to Outlaw p*rnography & Committee Against Regressive
Education, Sandgate, Qld South, Î. T ., Eastwood, N.S.W. South Australian Council for Childrens Films & Television Inc, Coromandel Valley, S.A. Southwest Sydney Access Radio Committee, Bardwell Park, N.S.W. Spencer Gulf Telecasters, Port Pirie, S.A. Sprigg, M., M t . Waverley, Vic. St. Andrews Church Colac, Vic. St. John Vianney Catholic Church (Parishioners of), Manly, Qld St. Maria Coretti Parish Guild, Rockhampton, Qld St. Mary's Catholic Parish, North Rockhampton, Qld St. Nicholas Parish Guild, Rockhampton, Qld St. Peter's Church, Wynnum, Qld St. Vincent De Paul Society, Rockhampton, Qld Staunton, A. J., Brunswick, Vic. Steels, J. P ., & M. R., Kin Kin, Qld Stephens, D . M . , Rockhampton, Qld Stephenson, S. J., Rockhampton, Qld Stewart, J. D., Rozelle, N.S.W. Stewart, R. & S., Mooloolaba, Qld Strahle, D . G., Beaumont, S.A. Stringer, C. A., Ermington, N.S.W. Sunshine Association for Literacy through Broadcasting, Sun
shine, Vic. Svendson, R., Cairns, Qld Svensson, H., Taringa East, Qld Swan, J., Wallumbilla, W.A. Swan Television & Radio Broadcasters Ltd, Tuart Hill, W.A.
(Confidential) Sydes, M . , Coorparoo, Qld Sydney Public Broadcasting Association, Broadway, Sydney, N.S.W. Sydney Public Broadcasting Association, (Policy Development
Group), Broadway, Sydney, N.S.W.
A12
Sydney Jazz Club Co-operative Ltd, Parramatta, N.S.W. Sydney Symphony Orchestra, Musicians' Association, Chatswood, N.S.W. Sykes, B., Traralgon, Vic.
Tandy, M . , Tambellup, W.A. Tasmanian Television Limited, Hobart, Tas. Taylor, G., Caboolture, Qld
Television Program Distributors' Association, North Sydney, N.S.W. Television Society of Australia, Melbourne, Vic. T.V.W. Ltd, Tuart Hill, W.A. Temple, P. & A., Willoughby, N.S.W. Thom, M- J., & A. L ., Red Hill South, Vic. Thompson, C. W . , Camberwell, Vic. Thompson, M . , Mt. Waverley, Vic. Thomson, R. M . , Melbourne, Vic.
Thorne, J. A. C ., Mortdale, N.S.W. Thornton, S., Wesley College, Newtown, N.S.W. Thorpe, R. J., Brisbane, Qld 3SA, St. Kilda Broadcasting, East St. Kilda, Vic.
Tindall, K., Reid, D., Goodwin, N., Newtown, N.S.W. Tonkin, R., Concord West, N.S.W. Tracey, D ., & Bentley, M. , Maryborough, Qld Trethewey, I. S ., Canberra, A.C.T.
Turner, Associate Professor K., Sydney, N.S.W. 2ARM-FM (Armidale Community Radio), Armidale, N.S.W. 2JJ Radio Station, Potts Point, N.S.W. 2MCE-FM (Mitchell College of Advanced Education, Bathurst,
N.S.W. (Confidential) 2RDJ-FM Community Radio, Concord, N.S.W. 2SM Pty Ltd, Sydney, N.S.W. 2TBS-FM (Tamworth Broadcasting Society, Tamworth, N.S.W.
2XX (Australian National University Student Union), Canberra, A.C.T.
Union of Australian Women, Sydney, N.S.W. United Associations of Women, Sydney, N.S.W. University of Adelaide, Department of Adult Education, Adelaide, S.A. University, Australian National, Students of Master of
Administrative Studies Program, Canberra, A.C.T. University, La Trobe, Centre for the Study of Educational Communication & Media, Bundoora, Vic. University, Macquarie, Media Students, North Ryde, N.S.W.
University of Melbourne, Department of Architecture and Building, Parkville, Vic. University of Melbourne, Radio Planning Group, Parkville, Vic.
A13
University of Melbourne, Department of Town and Regional Planning, Parkville, Vic. University, Monash, Clayton, Vic. University of Newcastle, N.S.W. University of Queensland, Academic Staff Association, St. Lucia,
Qld
University of Queensland Union, St. Lucia, Qld University of Wollongong, Student Representative Council, Wollongong, N.S.W.
Van der Bergen, A., Scoresby, Vic. Van Lonkhuyzen, Î. M . , Drewvale, Qld Vichie, P. E., & P., Stanthorpe, Qld Victorian College of the Arts, Melbourne, Vic. Victorian Council for Children's Films & Television, East
Prahan, Vic. Victorian Society for Social Responsibility in Science, Melbourne, Vic.
Wagner, P., Ryde, N.S.W. Waite, D., Shenton Park, W.A. Walker, M., Sydney, N.S.W. Walker, N., Surrey Hills, Vic. Wall, T. D., Chippendale, N.S.W. Walsh, D., Neutral Bay, N.S.W. Walsh, P., Pascoe Vale South, Vic. Walsh, P. J., Kingsford, N.S.W. Want, R. L., & J. P., Mount Eliza, Vic. Ward, Professor J. M . , Sydney, N.S.W. Watt, B., Yeronga, Qld
Watterson, W. C., North Ryde, N.S.W. Wayside Chapel, Potts Point, N.S.W. Weatherall, C. E., Rockhampton, Qld West Head Independent Secondary School, Terrey Hills, N.S.W. Western, Professor, J. S., & Stokes, C. H., St. Lucia, Qld Western Australia Arts Council, West Perth, W.A. Wheeler, N. R., Cowra, N.S.W. Whiteley, G., Peakhurst, N.S.W. Wilkins, M . , Melbourne West, Vic. Williams, F. H. J., Rockhampton, Qld Williams, H., Wollstonecraft, N.S.W. Williams, J., Crows Nest, N.S.W. Willoughby Council, Sydney, N.S.W. Wilson, A. M . , M t . Hawthorn, W.A. Wilson, G., Ballarat, Vic. Wing, F., Deakin, A.C.T. Winser, K., Caulfield, Vic. Wireless Institute of Australia, Toorak, Vic. Witt, T., Rockhampton, Qld Wolfs, C., Rockhampton, Qld
A14
Wolfs, H., Rockhampton, Qld Wollongong City Radio Ltd, Port Kembla, N.S.W. Women's Action Alliance, Cairns, Qld Women's Action Alliance (Darling Downs Region), Toowoomba, Qld Women's Action Alliance, Rockhampton, Qld Wood, A. C., Buderim, Qld Wood, J., & Oldmeadow, P ., Canberra, A.C.T. Woolfe, I. J., Bathurst, N.S.W. Woolford, D ., Collinswood, S.A. Workers' Educational Association, Sydney, NS.W. Worth, D . , Woodridge, Qld
Young, R. E., Turramurra, N.S.W. Young Women's Christian Association, Rockhampton, Qld Youll, A. & P ., Sans Souci, N.S.W.
A15
ATTACHMENT 2
LIST OF REPORTS OF PREVIOUS INQUIRIES
WHICH HAVE BEEN CONSIDERED BY THE INQUIRY
1. Australia Royal Commission on Wireless Report. Melbourne, 1927 (Chairman: T. H. Hammond)
2. " Parliament
Joint Committee on Wireless Broadcasting Report. Canberra, 1942 (Chairman: Senator W. G. Gibson)
3.
4.
5.
6 .
Parliament Standing Committee on Broadcasting Reports Nos. 1-17. Canberra, 1943-48
Royal Commission on Television Report. Canberra, 1954 (Chairman: G. Paton)
Postmaster-General's Department Radio Freguency Allocation Review Committee Report. Canberra, 1961 (Chairman: Prof L. G. Huxley)
(P.p. No. 110 of 1961)
Parliament Senate Select Committee on the Encouragement of Australian Productions for Television Report. Canberra, 1963
(Chairman: Senator V. C. Vincent)
7. Australian Broadcasting Control Board Advisory Committee on Educational Television Services Report. Melbourne, 1964
(Chairman: W. J. Weeden)
8. Australian Broadcasting Control Board Freguency Modulation Broadcasting: Report of the Australian Broadcasting Control Board, June 1972. Melbourne, 1972
A17
9. Australia
10 .
11.
12.
13.
14.
15.
16.
Parliament Senate Standing Committee on Education, Science and the Arts Progress Report on all aspects of television and broadcasting, including Australian content of television programs, October 1972 Canberra, 1972
(P.p. No. 254 of 1972)
Tariff Board Tariff Revision Report Motion picture films and television programs
Canberra, 1973
Parliament Senate Standing Committee on Education, Science and the Arts Second Progress Report on all aspects of television programs, August 1973 Canberra, 1974
(P.p. No. 108 of 1973)
Independent Inquiry into Frequency Modulation Broadcasting Report, March 1974. Sydney, 1974 (Chairman: Sir Francis McLean)
McKinsey and Company The Use of ABC Resources: Overall Review, Sydney Australian Broadcasting Commission, 1973 (Also available as P.p. No. 18 of 1974)
Australian Broadcasting Control Board Cable Television Services in Australia: a Report submitted by the Australian Broadcasting Control Board and the Australian Post Office to the Minister for the Media and the Postmaster- General. Melbourne, 1974
Australia Priorities Review Staff Report on Radio Canberra, 1974
" Parliament
Senate Standing Committee on Education, Science and the Arts Third Progress Report on all aspects of television and broadcasting, including Australian content of television programs. Canberra, 1975
A18
17. Australia Working Party on Public Broadcasting Public broadcasting report to the Minister for the Media Canberra, 1975
18. Australian Telecommunications Commission National Telecommunications Planning Branch Telecom 2000: an exploration of the long-term development of telecommunications in Australia Melbourne, 1975
19. Australian Broadcasting Control Board Advisory Committee on Program Standards Report. Melbourne, 1976 (Chairperson: Dr P. Edgar)
A19
ATTACHMENT 3
LEGISLATION AND OTHER SIGNIFICANT EVENTS
IN THE EVOLUTION OF BROADCASTING IN AUSTRALIA
1897 First recorded experiments in wireless transmission
by Charles Todd.
1900 The Commonwealth of Australia Constitution Act gave
the Commonwealth Parliament the power to make laws
with respect to "postal, telegraphic, telephonic and
other like services". (Section 51(v)).
1905 Early experiments in broadcasting during the period
1900-1905. The Wireless Telegraphy Act 1905 (W T
Act) gave control of wireless broadcasting to the
Postmaster-General1s Department.
1915-20 The administration of the W T Act was transferred to the Naval Department for security reasons,
because of World War I .
1919 The W T Act was amended to give the Commonwealth Government the same power to control wireless tele
phony as it had over wireless telegraphy.
1920 First public demonstration of broadcasting in Australia was given by Sir Ernest Fisk.
1920 The administration of the W T Act was resumed by the Postmaster-General's Department.
1923 The first broadcasting system was established ("sealed set" system). Listeners paid a subscription
to one or more stations to have their sets "sealed"
to that particular station or stations. A licence
fee was also paid.
1923 The first broadcasting station (2SB) commenced operations. Four stations were established under the
new "sealed set" system: 2SB (later 2BL), 2FC, 3AR
and 6WF.
A21
1924 The "open set" system of broadcasting replaced the
"sealed set" arrangement. Two classes of stations
were created. "A" class stations received their
revenue from listeners1 licence fees and broadcast
limited advertising. "B" class stations received
their entire revenue from advertising.
1926 A Royal Commission was appointed to investigate all
aspects of wireless broadcasting. The Commission
did not recommend any basic change.
1929-30 The Commonwealth Government acquired all "A" class
stations (designated "national"), which were to be
operated by the Postmaster-General's Department with
programs supplied under contract by the Australian
Broadcasting Company. "B" class stations were
designated "commercial" and were still regulated by
the W T Act.
1929-36 The number of commercial stations grew from 12 to 73.
1930 The Australian Federation of Commercial Broadcasting Stations was formed because of the need for a unified
industry approach to matters such as copyright,
royalty payments and the relationship between the
national and commercial services. (In 1962 it
became the Federation of Australian Commercial
Broadcasters and in 1976 the Federation of Australian
Radio Broadcasters).
1932 The Australian Broadcasting Commission Act was passed, establishing the Australian Broadcasting Commission
(ABC) which was to control the "national" stations.
1935 The High Court ruled that the Commonwealth Government had power over "broadcasting".
A22
1935 A regulation made under the W T Act restricted the
number of commercial stations which could be owned
by a company or individual.
1939 Radio Australia began service.
1942 The Report of the Joint Committee on Wireless
Broadcasting ("Gibson Committee").
1942 The Australian Broadcasting Act was ^passed. The
regulation of commercial stations was transferred
from the Wireless Telegraphy Act to this Act.
Many provisions of the Act were identical with the
recommendations of the Joint Committee on Wireless
Broadcasting.
1942 The Commercial Broadcasting Stations Licence Fees Act was passed.
1943 The first Report of the Parliamentary Standing
Committee on Broadcasting.
1946 Parliamentary Proceedings· Broadcasting Act passed.
This Act required the ABC to record and broadcast
Parliamentary proceedings.
1946 Australian Broadcasting Act of 1942 was amended.
Amendments included the requirement that the ABC
broadcast news sessions and employ its own news
gathering staff.
1947 Experimental VHF FM transmissions commenced.
1948 The Australian Broadcasting Act of 1942 was amended,
to establish the Australian Broadcasting Control
Board (ABCB).
A23
1951 Joint Resolution of both Houses of Parliament:
In the opinion of this House, it is undesirable that any person not an Australian should have any substantial measure of ownership or control over any Australian commercial broadcasting station, whether such ownership or control be exercisable directly or indirectly.
1953 Television Act passed.
(It authorised the Minister to grant commercial
licences for television "under such conditions, and
in such form, as the Minister determines", and
authorised him to direct the ABC to broadcast
television.)
1954 Report of the Royal Commission on Television ("Paton
Commission").
1954 Australian Broadcasting Act 1942 amended to provide two part-time members of the Australian Broadcasting
Control Board.
1955 First television licences granted.
1956 Australian Broadcasting Act 1942 amended to become the Broadcasting and Television Act 1942 (B & T Act).
1956 Television transmissions commenced.
1956 Broadcasting and Television Stations Licence Fees
Act passed.
1957-59 Inquiry by ABCB into introduction of FM broadcasting.
1960 The Federation of Australian Commercial Television
Stations (FACTS) was formed.
1960 Report of the Radio Frequency Allocations Review Committee.
1963 Report of Senate Select Committee on the Encourage ment of Australian Productions for Television
("Vincent Committee").
A24
1963 High Court ruling invalidated licence conditions not specific enough to permit reasonable interpretation.
1964 The Broadcasting Stations Licence Fees Act was passed jointly with the Television Stations Licence Fees Act.
1965 High Court ruling validated the incorporation and operations of the ABC.
1966 High Court ruling validated the ownership and control provisions of the B & T Act.
1966 First direct telecast by satellite from Western Australia to England.
1970 East-west microwave radio system linking Western Australia to the eastern States opened.
1972 ABCB Report on the Introduction of Frequency
Modulation Broadcasting recommended that FM services
should operate in the UHF band.
1972 Department of the Media was established.
1972-75 The Senate Standing Committee on Education, Science
and the Arts presented three progress reports.
1973 Tariff Board Report on Motion Picture Films and Television Programs.
1973 The Australian music performance quota for commercial radio stations was raised to 10%.
1973 The "points system" for television productions became effective.
1974 Report of the Independent Inquiry into FM Broad casting ("The McLean Report") recommended that FM
Broadcasting should begin as soon as possible in the
VHF band.
A25
1974
1974
1974
1974
1975
1975
1975
1975
1975
1975
1975
1975
1974 The Australian music performance quota for
commercial radio stations was raised to 12^2%.
The joint ABCB-Australian Post Office report on
cable television was submitted to the Minister for
the Media and the Postmaster-General.
The Priorities Review Staff Report on Radio was
presented.
Listeners' and viewers' licence fees were abolished.
The first regular FM transmissions began on 2MBS
(Sydney).
The Australian music performance quota for commercial
radio stations was raised to 15%.
The ABC established an experimental "young audience"
radio station, 2JJ (Sydney).
The educational station SUV, operated by University
of Adelaide, was transferred to the AM band.
Regular colour television transmissions commenced.
The ABC established an experimental "community
access" radio station, 3ZZ (Melbourne).
Two experimental ethnic broadcasting stations
commenced transmission, 2EA (Sydney) and 3EA
(Melbourne). The licences were issued by the
Postmaster-General under the Wireless Telegraphy
Act 1905.
Administrative Appeals Tribunal Act passed.
The Commonwealth Government offered experimental radio licences to twelve tertiary institutions around
Australia. The licences were to be issued by the
Postmaster-General under the Wireless Telegraphy Act 1905.
A26
1975
1976
1976
1976
The Department of the Media was abolished. The
Department's Broadcasting Division was transferred
to the Postal and Telecommunications Department.
The Government decided that the Postal and
Telecommunications Department would conduct an
inquiry into the Australian broadcasting system with
emphasis upon the machinery and procedures for the
planning, control, licensing,regulation, funding and
administration of the system.
The Australian Broadcasting Control Board began a
public inquiry into the leasing and transfer of
licences for commercial radio and television stations.
The Government decided to provide full funding for
ethnic broadcasting, which was to be undertaken by
the ABC from 1 October.
A27
'
ATTACHMENT 4
BASIC INFORMATION ON THE GRANT OF ALL
COMMERCIAL LICENCES AND POPULATION SERVED
This listing refers only to commercial licences issued under the Broadcasting and Television Act 1942.
Since accurate figures for audiences at the time transmission
commenced are not readily available, care must be taken in the
interpretation of the figures given. These figures have been
derived as follows:
A. Commercial Radio
(i) Potential audiences for December 1975 were taken from the
George Patterson Pty Ltd Report: Status of the Media, April 1976.
(ii) Population figures from the Australian Bureau of
Statistics for the census years 1921 and 1971 were used to obtain average yearly rates of population increase for
each State and Territory. These rates were then applied to the 1975 Patterson estimates to arrive at audience
estimates for each station at the time transmission
commenced.
B. Commercial Television
(i) The figures listed represent estimates for television
homes in the coverage areas rather than audiences.
(ii) Figures for the years 1969, 1971, 1973 and 1975 were
extracted from the Patterson Reports for 1970, 1972, 1974
and 1976, and an exponential curve was placed through this
data to arrive at the estimated TV homes in the
appropriate coverage areas for the year transmission
commenced.
A29
A. COMMERCIAL RADIO
Call Sign and Location
NEW SOUTH WALES -
Transmission Commenced
Metropolitan
Estimated Audience at Time
Transmission Commenced
2UE Sydney 26.1.25 1,362,400
2UW Sydney 13.2.25 1,362,400
2KY Sydney 31.10.25 1,362,400
2GB Sydney 23.8.26 1,383,500
2SM Sydney 24.12.31 1,494,000
2CH Sydney 15.2.32 1,517,200
NEW SOUTH WALES - Provincial 2HD Newcastle 27.1.24 178,000
2M0 Gunnedah 16.6.30 16,200
2AY Albury 17.12-30 39,200
2WL Wollongong 18.7.31 -L-Ll / luu
2K0 Newcastle 1.8.31 198,300
2GN Goulburn 17.12.31 16,300
2WG Wagga 29.6.32 41,800
2GF Grafton 15.12.33 ll , z!00
2BH Broken Hill 30.6.34 14,700
2TM Tamwor th 27.2.35 23,400
2KA Katoomba 7.9.35 23,900
2GZ Orange 31.10.35 29,200
2QN Deniliquin 2.11.35 20,200
2 AD Armidale 5.2.36 20,OOO
2 DU Dubbo 3.7.36 31,000
2RG Griffith 14.9.36 22,000
2LM Lismore 21.9.36 40,000
2BS Bathurst 1.1.37 23,600
2NZ Inverell 25.1.37 17,400
2XL Cooma 30.8.37 7,700
2MW Murwillumbah 2.9.37 90,900
2KM Kempsey 20.9.37 42,500
2PK Parkes 5.10.37 15,800
2BE Bega 10.10.37 15,000
2LF Young 16.2.38 26,800
2MG Mudgee 2.7.38 24,OOO
2LT Lithgow 30.6.39 7,400
2RE Taree 21.2.53 21,200
2NM Muswellbrook 1.1.54 17,300
2NX Bolwarra 1.1.54 282,400
2VM Moree 12.1.57 31,800
2GO Gosford 19.11.71 104,300
2ST Nowra 4.6.72 47,700
Potential Audiences Dec. 1975
2.938.900 2.938.900 2.938.900 2.938.900 2.938.900 2.938.900
390.000 32.400 78.400 218,600 390.000
32,100 81.000 30.900
27,600 43.300 44.200 54.100 37.300 36.400 56,500 40.100 72.900 42.400
31.200 13.900 163,100 76.300
28.400 26.900 47.400 42.400 12.900 29,700 23.900 390.000
41.900 110,900 50.000
A30
Estimated Audience at Time Potential
Call Sign Transmission Transmission Audiences
and Location Commenced Commenced Dec. 1975
VICTORIA - Metropolitan 3UZ Melbourne 8.3.25 1,241,900 2,794,800
3DB Melbourne 21.2.27 1,282,900 2,794,800
3KZ Melbourne 8.12.30 1,346,800 2,794,800
3AK Melbourne 29.11.31 1,368,900 2,794,800
3AW Melbourne 22.2.32 1,391,300 2,794,800
3XY Melbourne 8.9.35 1,460,600 2,794,800
VICTORIA - Provincial 3BA Ballarat 31.7.30 40,400 83,800
3TR Sale 29.9.30 42,600 88,500
3GL Geelong 3.12.30 63,900 132,500
3SR Shepparton 5.1.31 39,200 80,100
3BO Bendigo 4.6.31 29,800 60,900
3SH Swan Hill 27.8.31 21,800 44,500
3HA Hamilton 24.10.31 17,100 35,000
3MA Mildura 25.5.33 18,500 36,600
3YB Warrnambool 18.1.36 21,200 40,000
3LK Horsham 24.12.36 29,000 54,600
3UL Warragul 18.5.37 48,600 90,OOO
3CV Maryborough 31.3.38 12,500 22,700
3CS Colac 7.10.39 23,400 41,900
3NE Wangaratta 27.3.54 36,600 51,500
QUEENSLAND - Metropolitan 4BC Brisbane 16.8.30 461,400 1,005,200
4BK Brisbane 29.9.30 461,400 1,005,200
4BH Brisbane 2.1.32 477,700 1,005,200
4IP Brisbane 2.9.35 503,lOO 1,005,200
4KQ Brisbane 7.5.47 619,200 1,005,200
QUEENSLAND - Provincial 4GR Toowoomba 16.8.25 55,900 132,700
4MK Mackay 12.1.31 31,600 67,600
4T0 Townsville 5.10.31 67,700 145,000
4R0 Rockhampton 2.7.32 43,900 92,400
4MB Maryborough 16.8.32 17,700 37,200
4AY Ayr 1.10.34 71,300 145,000
4WK Warwick 6.5.35 66,400 132,700
4AK Oakley 31.8.35 66,400 132,700
(Relay ex 4BK) 4BU Bundaberg 16.12.35 22,400 44,700
4VL Charleville 12.2.36 5,900 11,600
4CA Cairns 2.5.36 32,800 64,400
4LG Longreach 5.5.36 13,200 26,000
A31
Estimated Audience at Time Potential
Call Sign Transmission Transmission Audiences
and Location Commenced Commenced Dec. 1975
4ZR Roma 23.7.37 11,600 22,300
4SB Kingaroy 11.3.38 15,000 28,400
4GY Gympie 3.11.41 12,400 22,400
4LM Mount Isa 5.5.61 36,300 46,300
4NA Nambour 9.10.64 48,300 58,400
4AM Atherton 15.9.67 22,900 26,300
4GG Gold Coast 30.9.67 142,000 163,100
4KZ Innisfail 30.9.67 19,200 22,000
4CD Gladstone 17.8.70 23,700 25,800
SOUTH AUSTRALIA - Metropolitan
SDN Adelaide 12.6.24 416,300 986,100
SKA Adelaide 25.3.27 437,900 986,lOO
SAD Adelaide 2.8.30 460,700 986,100
5AA Adelaide 1.2.76 986,100 986,100
SOUTH AUSTRALIA - Provincial 5PI Crystal Brook 7.1.32 48,OOO 99,400
(Relay ex SAD) 5MU Murray Bridge 16.9.34 12,200 24,400
(Relay ex SAD) 5RM Renmark 30.9.35 15,700 30,900
5SE Mount Gambier 3.7.37 24,800 47,lOO
(Relay ex SAD) 5AU Port Augusta 25.5.38 53,200 99,400
(Relay ex SKA)
WESTERN AUSTRALIA â - Metropolitan 6PR Perth 14.10.31 306,400 812,600
6IX Perth 27.11.33 320,300 812,600
6PM Perth 22.4.37 350,000 812,600
6KY Perth 23.10.41 382,500 812,600
WESTERN AUSTRALIA - - Provincial 6KG Kalgoorlie 16.9.31 13,500 35,700
(Relay ex 6PM) 6AM Northam 1.6.34 9,300 23,000
(Relay ex 6PM) 6WB Katanning 26.9.36 5,800 13,700
6GE Geraldton 6.10.37 12,700 29,500
6TZ Bunbury 11.10.39 23,500 52,100
6MD Merredin 5.7.41 6,700 14,300
6CI Collie 29.5.48 28,600 52,100
A32
Estimated Audience at Time Potential
Call Sign Transmission Transmission Audiences
and Location Commenced Commenced Dec. 1975
6NA Narrogin 20.6.51 8,500 14,500
(Relay ex 6KY) 6BY Bridgetown 24.1.53 8,600 14,000
6VA Albany 10.3.56 22,300 34,000
TASMANIA - Metropolitan
7HO Hobart 13.8.30 114,300 194,500
7HT Hobart 19.4.37 124,200 194,500
TASMANIA - Provincial
7LA Launceston 13.12.30 47,600 81,000
7AD Devonport 6.8.32 36,500 60,700
7BU Burnie 19.10.35 28,200 45,300
7QT Queenstown 29.5.37 6,600 lO,300
7EX Launceston 5.2.38 52,300 81,000
7SD Scottsdale 5.9.54 4,700 6,000
NORTHERN TERRITORY 8DN Darwin 12.12.60 16,OOO 40,000
8HA Alice Springs 2.3.71 11,900 15,200
AUSTRALIAN CAPITAL TERRITORY 2CA Canberra 14.11.31 7,000 227,100
2CC Canberra 31.10.75 227,100 227,100
A3 3
B. COMMERCIAL TELEVISION
Est. TV Homes
Trans- when Est. TV
Call Sign mission Trans. Homes
and Location Commenced Commenced Dec. 1975 Translators
NEW SOUTH WALES - Metropolitan
TCN-9 Sydney 16.9.56 360,500 961,700
ATN-7 Sydney 2.12.56 360,500 961,700
TEN-10 Sydney 5.4.65 580,300 961,700
NEW SOUTH WALES - Provincial NBN-3 Newcastle 4.3.62 96,100 146,700 io Upper Hunter CBN-8 Orange 17.3.62 45,200 67,900 6 Lithgow
10 Kandos- Rylstone 4 Portland- Wallerawang
WIN-4 Wollongong 18.3.62 49,600 87,300 11 Bateman 1s Bay-Moruya 6 Bega 3 Wollongong
RTN-8 Lismore 12.5.62 36,500 68,400 5 Bonalbo
5 Kyogle 5 Murwillumbah
RVN-2 Wagga 19.6.64 29,lOO 39,000
NRN-11 Grafton- 23.1.65 41,900 68,400
Kempsey
NEN-9 Tamworth 10.4.65 43,400 73,700 1 Armidale
3 Glen Innes 10 Inverell 1 Walcha
CWN-6 Dubbo 1.12.65 49,800 67,900 9 Mudgee
(Relay ex CBN-8) IO Cobar
MTN-9 Griffith 15.12.65 14,700 17,300 ECN-8 Taree 27.5.66 45,900 73,700 11 Gloucester
(Relay ex NEN-9) BKN-7 Broken Hill 16.8.68 7,800 8,500 6 Menindee
VICTORIA - Metropolitan
HSV-7 Melbourne 4.11.56 301,300 870,500 GTV-9 Melbourne 19.1.57 319,200 870,500 ATV-0 Melbourne 1.8.64 478,200 870,500
A34
Est. TV Homes
Trans- when Est. TV
Call Sign mission Trans. Homes
and Location Commenced Commenced Dec. 1975 Translators
VICTORIA - Provincial
GLV-10 Traralgon 9.12.61 23,100 37,100 (Relay ex BCV-8) BCV-8 Bendigo 23.12.61 36,900 62,000 11 Swan Hill
GMV-6 Shepparton 23.12.61 39,400 66,lOO io Alexandra 3 Eildon
BTV-6 Ballarat 27.4.62 57,000 79,900 7 Nhill
11 Portland 9 Warrnambool- Port Fairy
AMV-4 Albury 7.9.64 24,800 33,900 11 Bright
(Relay ex RVN-2) IO Corryong-
Khancoban 9 Myrtleford 6 Young
STV-8 Mil dura 27.11.65 10,800 11,100
QUEENSLAND - Metropolitan QTQ-9 Brisbane 16.8.59 102,900 336,400 BTQ-7 Brisbane 1.11.59 102,900 336,400 TVQ-0 Brisbane 1.7.65 163,400 336,400
QUEENSLAND - Provincial DDQ-10 Toowoomba 13.7.62 40,700 50,700 5 Toowoomba TNQ-7 Townsville 1.11.62 16,600 36,600 1 Bowen
5 Cardstone 9 Townsville
RTQ-7 Rockhampton 7.9.63 16,000 32,000 IO Blackwater 5 Cracow 10 Gladstone
SEQ-8 Maryborough 10.4.65 21,700 34,000 1 Gympie 5 Monto 10 Nambour
SDQ-4 South Downs 26.2.66 43,500 50,700 (Relay ex DDQ-IO) FNQ-10 Cairns 7.9.66 8,200 26,800
MVQ-6 Mackay 9.8.68 13,800 24,400 11 Collinsville
11 Goonyella-Moranbah 8 Nebo
ITQ-8 Mount Isa 11.9.71 5,200 9,200
A35
Est. TV Homes
Call Sign and Location
Trans mission Commenced
when Trans. Commenced
Est. TV Homes Dec. 1975 Translators
SOUTH AUSTRALIA -â Metropolitan
NWS-9 Adelaide ADS-7 Adelaide SAS-10 Adelaide
31.8.59 24.10.59 26.7.65
126.500 126.500 178,600
308.200 308.200 308.200
SOUTH AUSTRALIA - Provincial SES-8 Mt Gambier GTS-4 Port Pirie 25.3.66
1.3.68
19,500 24,300
20,200 37,900 8 Cowell
5 Port Lincoln
WESTERN AUSTRALIA - Metropolitan TVW-7 Perth STW-9 Perth 16.10.59
12.6.65
7 2,400 119,200 265.500 265.500
WESTERN AUSTRALIA - Provincial BTW-3 Bunbury GSW-9 Albany (Relay ex BTW-3) VEW-8 Kalgoorlie
10.3.67 23.8.68
18.6.71
29,300 29,900
⢠7,200
35.800 35.800
15,100
11 Katanning lO Albany
3 Kambalda
TASMANIA TVT-6 Hobart 23.5.60 34,600 56,800 8 Maydena
8 Queenstown- Zeehan lO Rosebery-Renison Bell
8 Strathgordon 8 Taroona 8 Swansea-
TNT-9 Launceston 26.5.62
Bicheno
36,600 57,500 11 Derby
1 Gowrie Park 11 South Launceston 11 St Marys-
Fingal Valley 7 Savage River 6 Stanley 10 Waratah
A36
Est. TV Homes
Trans- when Est. TV
Call Sign mission Trans. Homes
and Location Commenced Commenced Dec. 1975
NORTHERN TERRITORY NTD-8 Darwin 11.11.71 8,300 11,000
AUSTRALIAN CAPITAL TERRITORY CTC-7 Canberra 2.6.62 24,200 68,200
Translators
lO Goulburn 10 Cooma
A37
ATTACHMENT 5
COMMERCIAL RADIO STATIONS IN OPERATION ON 30 JUNE 1976
MEDIUM FREQUENCY SERVICES
Call Location Frequency Power Ï Î¯ r-on=:<=o Sign of Station (kHz) (watts) ________
AUSTRALIAN CAPITAL TERRITORY
2CA Canberra 1050 5000
2CC Canberra 1210 5000
NEW SOUTH WALES - Metropolitan
2CH Sydney 1170 5000
2GB Sydney 870 5000
2KY Sydney 1020 5000
2SM Sydney 1270 5000
2UE Sydney 950 5000
2UW Sydney 1110 5000
NEW SOUTH WALES - Country 2AD Armidale 1130 2000
2 AY Albury 1490 2000
2BE Bega 1480 D2000
N1000
2BH Broken Hill 570 500
2BS Bathurst 1500 2000
2 DU Dubbo 1250 2000
2GF Grafton 1210 2000
2GN Goulburn 1380 2000
2GO Gosford 1310 2000
2GZ Orange 990 2000
2 HD Newcastle 1140 2000
Canberra Broadcasters Pty Ltd, Canberra. Capital City Broadcasters Pty Ltd, Canberra.
Council of Churches in NSW Broadcasting Co Pty Ltd, Darlinghurst. Broadcasting Station 2GB
Pty Ltd, Sydney. 2KY Broadcasters Pty Ltd, Potts Point. Broadcasting Station 2SM Pty Ltd, Sydney. Radio 2UE Sydney Pty Ltd, North Sydney. Commonwealth Broadcasting
Corporation Pty Ltd, Sydney.
New England Broadcasters Pty Ltd, Armidale. Amalgamated Wireless (Ahsia) Ltd, Sydney. Radio 2BE Pty Ltd, Bega.
Radio Broken Hill Pty Ltd, Broken Hill. Bathurst Broadcasters Pty Ltd, Sydney. Western Broadcasters Pty Ltd, Dubbo. Amalgamated Wireless
(A'asia) Ltd, Sydney. Amalgamated wireless (A'asia) Ltd, Sydneyâ Central Coast Broadcasting
Pty Ltd, Gosfordo Country Broadcasting Services Pty Ltd, Orange.
Airsales Broadcasting Co Pty Ltd, Sandgate.
A39
Call Location Frequency Power Sign of Station (kHz) (watts)
Licensee
2KA Katoomba 780 2000
2KM Kempsey 530 2000
2K0 Newcastle 1410 2000
2LF Young 1340 2000
2LM Lismore 900 2000
2LT Lithgow 1370 500
2 MG Mudgee 1450 2000
2MO Gunnedah 1080 D2000
N1000
2MW Murwillumbah 970 2000
2NM Muswellbrook 1460 D2000 N1000
2NX Bolwarra 1360 2000
2NZ Inverell 1190 2000
2PK Parkes 1400 2000
2QN Deniliquin 1520 2000
2 RE Taree 1560 2000
2RG Griffith 1070 D2000
N1000
2ST Nowra 1000 2000
2TM Tamworth 1290 2000
2VM Moree 1530 2000
2WG Wagga 1150 2000
2WL Wollongong 1430 2000
2XL Cooma 920 D2000
N1000
Transcontinental Broadcast ing Corporation Ltd, Crows Nest. Radio Kempsey Ltd, Crows Nest. Radio 2KO Newcastle Pty Ltd, Newcastle. Young Broadcasters Pty Ltd, Crows Nest. Richmond River Broadcasters Pty Ltd, Lismore. Lithgow Broadcasters Pty Ltd, Crows Nest. Mudgee Broadcasting Co Pty Ltd, Sydney. 2M0 Gunnedah Pty Ltd, Gunnedah. Tweed Radio & Broadcasting Pty Ltd, Murwillumbaho Hunter Broadcasters Pty Ltd Sydney. Hunter Broadcasters Pty Ltd Sydney. Northern Broadcasters Pty Ltd, Orange. Parkes Broadcasting Co Pty Ltd, Parkes. Haig-Muir Broadcasting Pty Ltd, Melbourne VIC. Manning Valley Broadcasting Pty Ltd, Taree. 2RG Broadcasters Pty Ltd, Griffith. South Coast & Tablelands Broadcasting Pty Ltd, Nowra. Tamworth Radio Development Co Pty Ltd, Tamworth. Moree Broadcasting & Development Co Ltd,Moree. Riverina Broadcasters
(Holdings) Pty Ltd, Canberra A.C.T. Wollongong Broadcasting Pty Ltd, Sydney. Cooma Broadcasters Pty Ltd, Cooma.
A40
Call Location Frequency Power Licensee Sign of Station (kHz) (watts) VICTORIA - Metropolitan
3AK Melbourne 1500 5000 General Television Corpora tion Pty Ltd, Richmond.
3 AW Melbourne 1280 5000 3AW Broadcasting Co Pty Ltd,
Melbourne.
3DB Melbourne 1030 5000 The Herald & Weekly Times
Ltd, Melbourne.
3KZ Melbourne 1180 5000 The Industrial Printing &
Publicity Co Ltd, Richmond.
3UZ Melbourne 930 5000 Nilsen's Broadcasting
Service Pty Ltd, Melbourne.
3XY Melbourne 1420 5000 Station 3XY Pty Ltd, East
Melbourne
VICTORIA - Country 3BA Ballarat 1320 2000 Ballarat Broadcasters Pty
Ltd, Ballarat.
3B0 Bendigo 960 2000 Amalgamated Wireless
(A'asia) Ltd, Sydney N oS.W,
3CS Colac 1130 2000 Enterprise Broadcasters Pty
Ltd, Colac.
3CV Maryborough 1060 2000 Cameron Broadcasting Services Pty Ltd, Swan Hill.
3GL Geelong 1350 2000 Geelong Broadcasters Pty
Ltd, Geelong.
3HA Hamilton 980 2000 Washington Broadcasting
(3HA) Service Pty Ltd, Bendigo.
3LK Horsham 1090 2000 Sunraysia Broadcasters Pty
Ltd, Mildura.
3MA Mildura 1470 2000 Sunraysia Broadcasters Pty
Ltd, Mildura.
3NE Wangaratta 1600 2000 Wangaratta Broadcasting Co Pty Ltd, Wangaratta.
3SH Swan Hill 1330 2000 Cameron Broadcasting
Services Pty Ltd, Swan Hill0
3SR Shepparton 1260 2000 Associated Broadcasting Services Ltd, Melbourne^
3TR Sale 1240 2000 Victorian Broadcasting
Network Ltd, Bendigo.
3UL Warragul 530 2000 Associated Broadcasting
Services Ltd, Melbourne.
3YB Warrnambool 880 2000 Associated Broadcasting Services Ltd, Melbourne,
QUEENSLAND - Metropolitan
Call Location Frequency Power Sign of Station (kHz) (watts)
4BC Brisbane 1120 5000
4BH Brisbane 880 5000
4BK Brisbane 1300 5000
4KQ Brisbane 690 5000
QUEENSLAND - Country
4AK Oakey 1240 2000
4AM Atherton - 560 5000
Mareeba
4AY Ayr 940 5000
4BU Bundaberg 1330 2000
4CA Cairns 1010 2000
4CD Gladstone 930 2000
4GG Gold Coast 1200 2000
4GR Toowoomba 860 2000
4GY Gympie 600 2000
4IP Ipswich 1010 5000
4KZ Innisfail- 530 5000
Tully
4LG Longreach 1100 2000
4LM Mount Isa 1370 2000
4MB Marybox ough 1160 2000
4MK Mackay 1380 2000
4NA Nambour 830 5000
Commonwealth Broadcasting Corporation (Qld) Pty Ltd, Brisbane. Broadcasters (Aust) Pty Ltd, Brisbane. Queensland Newspapers Pty Ltd, Bowen Hills. Labor Broadcasting Station Pty Ltd, Newstead.
Queensland Newspapers Pty Ltd, Bowen Hillsâ Far Northern Radio (Table lands) Pty Ltd, Mareeba. Ayr Broadcasters Pty Ltd, Townsville. Bundaberg Broadcasters Pty Ltd, Bundaberg. Amalgamated Wireless
(A'asia) Ltd, Sydney N.S.W. Gladstone District Broad casting Pty Ltd, Gladstone =
Gold Coast Radio Broadcast ing Co Pty Ltd, Surfers Paradise. Gold Radio Service Pty Ltd, Brisbane.
Gympie Noosa Broadcasters Pty Ltd, Gympie. South Queensland Broadcast ing Corporation Pty Ltd, Ipswich. Coastal Broadcasters Pty Ltd
Innisfail. Central Queensland Broad casting Corporation Pty Ltd, Longreach â North Queensland Broadcast
ing Corporation Pty Ltd, Brisbane. Maryborough Broadcasting Co Pty Ltd, Brisbane. Barrier Reef Broadcasting Pty Ltd, Mackayâ Sunshine Coast Broadcasters Ltd, Nambour.
A42
Call Location Frequency Power Licensee Sign of Station (kHz) (watts) 4R0 Rockhampton 980 2000 Rockhampton Broadcasting Co Pty Ltd, Brisbane = 4SB Kingaroy 1060 2000 South Burnett Broadcasting
Co Ltd, Kingaroy.
4T0 Townsville 780 2000 Amalgamated Wireless
(A'asia) Ltd, Sydney N.S.W,
4VL Charleville 920 D2000 Radio 4VL Pty Ltd,
N1000 Charleville .
4WK Warwick 960 D5000 South Queensland Broadcast-
N2000 ing Corporation Pty Ltd, Ipswich .
4ZR Roma 1480 D2000 Maranoa Broadcasting Co Ltd
N1000 Roma .
SOUTH AUSTRALIA - Metropolitan 5AA Adelaide 1390 5000 Festival City Broadcasters
Ltd, Adelaide .
SAD Adelaide 1310 2000 Advertiser Newspapers Ltd,
Adelaide .
SDN Adelaide 970 2000 Hume Broadcasters Pty Ltd,
North Adelaide .
SKA Adelaide 1200 2000 SKA Broadcasters Pty Ltd,
Adelaide .
SOUTH AUSTRALIA - Country 5AU Port Augusta 1450 2000 5AU Broadcasters Pty Ltd, Adelaide . 5MU Murray Bridge 1460 D2000 Murray Bridge Broadcasting
N1000 Co Ltd, Murray Bridge.
5PI Crystal Brook 1040 2000 Midlands Broadcasting Services Ltd, Adelaide.
5RM Renmark 800 2000 River Murray Broadcasters
Pty Ltd, Adelaide.
5SE Mount Gambier 1300 2000 South Eastern Broadcasting Co Ltd, Adelaide.
WESTERN AUSTRALIA - Metropolitan 6IX Perth 1080 2000 6IX Radio Network Pty Ltd,
Tuart Hill.
6KY Perth 1210 2000 Swan Television Ltd,
Nollamara.
6 PM Perth 1000 2000 Consolidated Broadcasting
System (WA) Pty Ltd, Subiaco.
6 PR Perth 880 2000 Nicholsons Broadcasting
Services Pty Ltd, Perth.
A43
Call Sign
Location of Station Frequency (kHz)
Power (watts)
Licensee
WESTERN AUSTRALIA
6AM Northam
- Country
860 2000 Consolidated Broadcasting
6BY Bridgetown 900 2000
System (WA) Pty Ltd, Subiaco. 6IX Radio Network Pty Ltd,
6CI Collie 1130 2000
Tuart Hill . South Western Telecasters
6GE Geraldton 1010 2000
Ltd, Bunbury Great Northern Broadcasters
6 I Ltd, Subiaco. Consolidated Broadcasting 6MD Merredin 1100 2000 System (WA) Pty Ltd, Subiaco. Mid District Radio Broad- 6NA Narrogin 920 2000 casting Pty Ltd,Merredin Swan Television Ltd, 6TZ Bunbury 960 2000 Nollamara. South Western Telecasters 6VA Albany 780 2000 Ltd, Bunbury. Albany Broadcasters Ltd, 6WB Katanning 1070 2000 Albany. 6IX Radio Network Pty Ltd, Tuart Hill. TASMANIA - Metropolitan 7H0 Hobart 860 2000 Commercial Broadcasters Pty Ltd, Hobart. 7HT Hobart TASMANIA - Country 1080 2000 Murrumbidgee Television Ltd, Griffith N.S.W. 7AD Devonport 900 D2000 N1000 Northern Tasmania Broad casters Pty Ltd, Launceston. 7BU Burnie 560 D2000 N1000 Burnie Broadcasting Service Pty Ltd, Launceston= 7 EX Launceston 1010 2000 7EX Pty Ltd, Launceston. 7LA Launceston 1100 2000 Amalgamated Wireless (A'asia) Ltd, Sydney N.S.W. 7QT Queenstown 840 500 West Coast Broadcasters Pty Ltd, Launceston. 7SD Scottsdale NORTHERN TERRITORY 540 2000 North East Tasmanian Radio Broadcasters Pty Ltd, Launceston. SDN Darwin 1240 2000 Darwin Broadcasters Pty Ltd, Canberra A.C.T. 8HA Alice Springs 900 2000 Alice Springs Commercial Broadcasters Pty Ltd, Alice Springs. " A44 ATTACHMENT 6 NATIONAL RADIO STATIONS IN OPERATION ON 30 JUNE 1976 MEDIUM FREQUENCY SERVICES Call Sign Location of Station Frequency Power ________ ___________________ (kHz) (watts) AUSTRALIAN CAPITAL TERRITORY 2CN Canberra 1440 2000 2CY Southern Tablelands Service (Canberra) 850 10000 NEW SOUTH WALES - Metropolitan 2BL Sydney 740 50000 2FC Sydney 610 50000 2 JJ Sydney 1540 10000 NEW SOUTH WALES - Regional 2AN Armidale 720 50 2 BA Far South Coast Service (Bega) 810 10000 2 BY Byrock 660 10000 2CO Riverina & North-East Victoria Service (Albury) 670 10000 2CP Cooma 1570 50 2CR Western Districts Service (Orange) 550 50000 2GL New England Service (Glen Innes) 820 10000 2KP Mid-North Coast Service(Kempsey) 680 10000 2 LG Lithgow 1570 200 2ML Murwillumbah 560 200 2NA Newcastle 1510 10000 2NB Broken Hill 1000 2000 2NC Newcastle 1230 10000 2NR Northern Rivers Service(Grafton) 700 50000 2NU Northern Tablelands Service (Tamworth) 650 10000 2TR Taree 760 2000 2UH Muswellbrook 1040 1000 2WA Wilcannia 1570 100 2WN Wollongong 1580 2000 VICTORIA - Metropolitan 3AR Melbourne 620 50000 3LO Melbourne 770 50000 3ZZ Melbourne 1220 2000 A45 Call Sign Location of Station Frequency Power (kHz) (watts) VICTORIA - Regional 3GI Gippsland Service (Sale) 830 10000 3MT Omeo 720 2000 3WL Warrnambool 1570 200 3WV Western Victoria Service (Horsham) 590 50000 QUEENSLAND - Metropolitan 4QG Brisbane 790 10000 4QR Brisbane 580 50000 QUEENSLAND - Regional 4AT Far North Queensland Service (Atherton) 720 4000 4GM Gympie District Service (Gympie) 1570 200 4HU Hughenden 1570 50 4JK Julia Creek 570 10000 4MI Mount Isa 1080 200 4MS Mossman 600 1000 4QA Pioneer District Service (Mackay) 760 2000 4QB Wide Bay District Service (Maryborough) 910 10000 50000 4QD Central Western Queensland Service (Emerald) 1550 4QL Western Queensland Service (Longreach) 540 10000 4QN Northern Queensland Service (Townsville) 630 50000 4Q0 Upper Burnett Service (Eidsvold) 910 10000 4QS Darling Downs Service (Toowoomba) 750 10000 4QW South West Queensland Service (St George) 710 10000 4QY Far North Queensland Service (Cairns) 800 2000 4RK Central Queensland Service (Rockhampton) 840 10000 4S0 Southport 1590 200 4WP Weipa 1040 500 SOUTH AUSTRALIA - Metropolitan SAN Adelaide 890 50000 5CL Adelaide 730 50000 A46 Call Sign Location of Station Frequency Power (kHz) (watts) SOUTH AUSTRALIA - Regional 5CK Lower North Service (Port Pirie) 640 10000 5LC Leigh Creek 1570 50 5LN Port Lincoln 1530 200 5MG South-East Service (Mount Gambier) 1580 200 5MV South Australian Upper Murray Service (Renmark) 1590 2000 5PA South-East Service (Naracoorte) 1160 10000 5SY Streaky Bay 690 2000 5WM Woomera 1580 50 WESTERN AUSTRALIA - Metropolitan 6WF Perth 720 50000 6WN Perth 810 10000 WESTERN AUSTRALIA - Regional 6AL Western Australian Regional Service (Albany) 650 400 6BE Broome 670 50 6BS Busselton 680 4000 6CA Carnarvon 850 200 6DB Derby 870 2000 6DL Dalwallinu 530 10000 6 ED Esperanee 840 1000 6GF Goldfields Regional Service (Kalgoorlie) 660 2000 6GN Geraldton Regional Service (Geraldton) 830 2000 6KW Kununurra 760 100 6NM Western Australian Regional Service (Northam) 600 200 6PH Port Headland 600 2000 6WA Western Australian Regional Service (Wagin) 560 50000 6WH Wyndham 1020 100 6XN Exmouth 1190 2000 TASMANIA - Metropolitan 7ZL Hobart 600 10000 7ZR Hobart 940 10000 TASMANIA - Regional 7NT North Tasmanian Service (Launceston) 710 10000 7QN West Coast Service (Queenstown) 630 400 A47 Call Sign Location of Station Frequency (kHz) Power (watts) NORTHERN TERRITORY SAL Alice Springs 1530 200 SDR Darwin 650 2000 8GO Gove 990 500 8KN Katherine 670 50 8TC Tennant Creek 680 1000 HIGH FREQUENCY SERVICES VLH VLI VLM VLQ VLR VLW Melbourne, Victoria Sydney, New South Wales Brisbane, Queensland Brisbane, Queensland Melbourne, Victoria Perth, Western Australia (two services on two frequencies with a short overlap service on a third frequency) 10000 2000 10000 10000 10000 (a) 10000 (b) 50000 A48 ATTACHMENT 7 NATIONAL RADIO STATIONS IN OPERATION ON 30 JUNE 1976 FREQUENCY MODULATION SERVICES Frequency Power(kw e.r.p.) Call Sign Location of Station (MHz) & Polarisation 2ABC-FM Canberra 101.9 50 Vert 2ABC-FM Sydney 92.9 50 Hor. 3ABC-FM Melbourne 105.7 50 Hor. 5ABC-FM Adelaide 92.1 50 Hor. A49 ATTACHMENT 8 RADIO STATIONS LICENSED UNDER THE WIRELESS TELEGRAPHY ACT 1905 Call Sign Location of Station Frequency (MHz) Power (kW) & in case of FM Stations, Polarisation Operated By (i) In operation on 30 June 1976 2EA (a) Sydney 0.80 (d) Ethnic Radio Experiment Committee 2MBS-FM (b) (g) Sydney 92.1 10 Hor. (f) Music Broadcasting Society of NSW 2MCE-FM (b) (h) Bathurst 92.3 1 .6 Vert. (e) Mitchell College of Advanced Education 3EA (a) Melbourne 1.12 (d) Ethnic Radio Experiment Committee 3MBS-FM (b) (i) Melbourne 93.7 10 Hor. (f) Music Broadcasting Society of Vic. 4ZZZ-FM (b) (j) Brisbane 102.1 5-10 Hor. or Mixed (e) Queensland Uni versity Union SUV (a) Adelaide 0.53 0.5 (c) University of Adelaide (ii) Licensed prior to 30 June 1976 , but not in operation at 30 June 1976 3GCR-FM Churchill 103.5 1 Hor. Hor. & or Vert. Gippsland Community Radio Society Not Issued Mt Nelson 92.1 1 Hor. (f) Tasmanian College of Advanced Education 5UWA-FM Bickley 92.1 5 Hor. Hor. & or Vert. (k) University of Western Australia 2XX(a) Canberra 1.01 0.3 (1) Walter Pearson, Nominee of Radio ANU (Staff) Club 2NCR-FM Lismore 92.5 3 Hor. Hor. & or Vert. Northern Rivers College of Advanced Education A51 Power (kW) & in case of Call Sign Location of Station Frequency (MHz) FM Stations, Polarisation Operated By 6NR (a) South Bentley 0.93 0.5 Western Aust. Institute of Technology 2ARM-FM Armidale 92.3 0.1 Hor. & Vert, (f) Radio UNE Co-op. Ltd 3RMT-FM Carlton 102.7 3 Hor. or Hor. & Vert. (f) Royal Melb. Institute of Technology Not Issued Mt Sugar Loaf 103.9 10 Hor. or Hor. & Vert, (f) University of Newcastle A licence is being processed (at time of publication) to Darling Downs Institute of Advanced Education (Toowoomba). Notes: (a) Medium frequency station (b) VHP frequency modulation station (c) Aerial input power (d) Power to be such as to provide an unattenuated field strength of not greater than 130 mV/m at 1 kilometre (e) Effective radiated power in direction of maximum radiation (f) Effective radiated power omni-directional (g) Presently operating on 200 watts e.r.p. and vertically polarised (h) Temporarily operating on 170 watts e.r.p. omni directional from campus providing coverage to the Bathurst township pending final installation at Mt Panorama (i) Presently operating on 4kW e.r.p. (j) Temporarily operating on 1 kW e.r.p. omni directional horizontally polarised, on a frequency of 105.7 MHz, from campus pending final installation at Mt Coot-tha (k) E.r.p. 120° arc towards Perth. Low radiation outside this arc (l) Power to be such as to provide an unattenuated field strength of not greater than 150 mV/m at 1 kilometre. (This list does not include stations operating outside the broadcasting band.) A52 ATTACHMENT 9 COMMERCIAL TELEVISION STATIONS IN OPERATION ON 30JUNE 1976 Call Area Frequencies Power Sign (MHz) (kW e.r.p.)& Licensee Polarisation AUSTRALIAN CAPITAL TERRITORY CTC-7 Canberra V182.258 V100)Verto Canberra Television S187.758 S 10) Ltd, Canberra NEW SOUTH WALES - Metropolitan ATN-7 Sydney V182.25 V100)Hor0 Amalgamted Televis- S187.75 S 10) ion Services Pty Ltd, Epping TCN-9 Sydney V196.25 V100)Hor0 Television Corpor- S201.75 S 10) ation Ltd, Sydney TEN-10 Sydney V209.25 V100)Hor0 United Telecasters S214.75 S 10) Sydney Ltd, North Ryde NEW SOUTH WALES - Country BKN-7 Broken Hill V182.25 V 5)Vert. Broken Hill Televis- S187.75 S 0.5) ion Ltd, Broken Hill CBN-8 Central V189.258 V100)Vert. Country Television Tablelands S194.758 S 10) Services Ltd, Orange CWN-6 Central V175.26 V100)Vert. Country Television Western S180.76 S 10) Services Ltd, Slopes Orange ECN-8 Manning RiverV189.25 V100)Vert0 Television New S194.75 S 10) England Ltd, Tamworth MTN-9 Murrumbidgee V196.24 V100)Hor. Murrumbidgee Tele-Irrigation S201.74 S 10) vision Ltd, Areas Griffith NBN-3 Newcastle- V 86.25 V100)Horâ Newcastle Broadcast- Hunter River S 91.75 S 10) ing and Television Corporation Ltd, Newcastle NEN-9 Upper Namoi V196.24 V100)Hor0 Television New Eng- S201.74 S 10) land Ltd, Tamworth NRN-11 Grafton- V216.26 V100)Horâ Northern Rivers Kempsey S221.76 S 10) Television Ltd, Lismore A53 Area Call Sign Frequencies Power (MHz) (kW e.r.p.)& Licensee Polarisation ________ RTN-8 Richmond- V189.26 V100)Horâ Richmond-Tweed TV Ltd Tweed S194.76 S 10) Lismore RVN-2 South- V 64.24 V100) Hor. Riverina & North East Western S 69.74 S 10) Victoria TV Ltd Slopes and Riverina Kooringal WIN-4 Illawarra V 95.25. V100 )Hor0 Television Wollongong S100.75 S 10) Transmissions Ltd, Wollongong VICTORIA - Metropolitan ATV-0 Melbourne V 46.26 V100 )Hor. Austarama Television S 51.76 S 10) Pty Ltd, Nunawading GTV-9 Melbourne V196.248 V100)Hor. General Television S201.748 S 10) Corporation Pty Ltd, Richmond HSV-7 Melbourne V182.25 V100)Hor. Herald-Sun TV Pty S187.75 S 10) Ltd, Melbourne VICTORIA - Country AMV-4 Upper V 95.26 V100)Hor. Riverina & North East Murray S100.76 S 10) Victoria TV Ltd, Kooringal N 0SâWâ BCV-8 Bendigo V189.25 V100)Vert0 Victorian Broadcast- S194.75 S 10) ing Network Ltd, Bendigo BTV-6 Ballarat V175.248 V100)Hor. Ballarat and Western S180.748 S 10) Victoria Television Ltd, Ballarat GLV-10 La Trobe V209.246 V100 )Horo Victorian Broadcast-Valley S214.746 S 10) ing Network Ltd, Bendigo GMV-6 Goulburn V175.256 V100)Vert. Goulburn-Murray Tele- Valley S180.756 S 10) vision Ltd, Melbourne STV-8 Mildura V189.27 V100)Hor. Sunraysia Television S194.77 S 10) Ltd, Mildura QUEENSLAND - Metropolitan BTQ-7 Brisbane V182.25 V100)Horo Brisbane TV Ltd, S187.75 S 10) Mount Cooth-tha QTQ-9 Brisbane V196.25 V100 )Hor0 Queensland Televis- S201.75 S 10) ion Ltd,Brisbane TVQ-0 Brisbane V 46.25 V100 )Hor. Universal Telecasters S 51.75 S 10) Qld Ltd, Mount Cooth- tha A54 Area Licensee Call Sign Power Frequencies (kW e.r.p.)& (MHz) ____ Polarisation QUEENSLAND - Country DDQ-10 Darling V209.26 V100)Hor. Darling Downs TV Downs S214.76 S 10) Ltd, Toowoomba FNQ-10 Cairns V209.25 V100)Hor. Far Northern S214.75 S 10) Television Ltd, Townsville ITQ-8 Mount Isa V189.25 VO.5 )Hor. Mount Isa Televi- S194.75 SO.05) sion Pty Ltd, Mount Isa MVQ-6 Mackay V175.25 V100)Hor. Mackay Television S180.75 S 10) Ltd, Mackay RTQ-7 Rockhamp- V182.26 V100)Hor. Rockhampton Tele- ton S187.76 S 10) vision Ltd, Rockhampton SDQ-4 Southern V 95.24 V100)Hor. Darling Downs TV Downs S100.74 S 10) Ltd, Toowoomba SEQ-8 Wide Bay- V189.24 V100)Vert. Wide Bay-Burnett Burnett S194.74 S 10) Television Ltd, Maryborough TNQ-7 Townsville V182.25 V100)Hor. Telecasters North S187.75 S 10) Queensland Ltd, Townsville SOUTH AUSTRALIA - Metropolitan ADS—7 Adelaide V182.26 V100)Hor. Television Broad- S187.76 S 10) casters Ltd,North Adelaide NWS—9 Adelaide V196.26 V100)Hor. Southern Televi- S201.76 S 10) sion Corp. Ltd, North Adelaide SAS-10 Adelaide V209.25 V100)Hor. South Australian S214.75 S 10) Telecasters Ltd Gilberton SOUTH AUSTRALIA - Country GTS-4 Spencer V 95.25 V 50)Vert. Spencer Gulf Tele- Gulf S100.75 S 5) casters Ltd, Port North Pirie SES-8 South East V189.26 V100)Hor. South East Tele- S194.76 S 10) casters Ltd, Mount Gambier WESTERN AUSTRALIA - Metropolitan STW-9 Perth V196.25 V100)Hor. Swan Television S201.75 S 10) Ltd, Hayes Ave, Nollamara TVW-7 Perth V182.25 V100)Hor. TVW Limited, S187.75 S 10) Tuart Hill A55 Area Call Sign Frequencies Power (MHz) (kW e.r.p.)& Licensee Polarisation WESTERN AUSTRALIA - Country BTW-3 Bunbury V 86.24 S 91.74 GSW-9 Southern Agricult ural VEW-8 Kalgoorlie V196-24 5201-74 V189.25 S194.75 V 50)Hor. S 5) V 50)verto S 5) V 8)Hor0 SO. 8) South Western Telecasters Ltd, Bunbury South Western Telecasters Ltd, Bunbury Mid-Western Televis ion Pty Ltd, Kalgoorlie TASMANIA - Metropolitan TVT-6 Hobart V175.258 S180.758 V100)Hor0 Tasmanian Television S 10) Ltd, Newtown TASMANIA - Country TNT-9 North Eastern Tasmania V196.238 V100)Hor. S201.738 S 10) Northern Television (TNT-9) Pty Ltd, Launceston NORTHERN TERRITORY * * NTD-8 Darwin V189.25 S194.75 V 10)Hor0 Territory Television S 1) Pty Ltd, Darwin * V=Vision S=Sound A56 ATTACHMENT 10 NATIONAL TELEVISION STATIONS IN OPERATION ON 30 JUNE 1976 AUSTRALIAN CAPITAL TERRITORY Call Sign Power * Area Frequencies * (kwe.rip.) & (MHz) Polarisation V100)Vert. ABC-3 Canberra V 86.24 S 91.74 S 10) NEW SOUTH WALES - Metropolitan ABN-2 Sydney V 64.25 V100)Hor. S 69.75 S 10) NEW SOUTH WALES - Country ABCN-1 Central Tablelands V 57.258 V100) Vert. S 62.758 S 10) ABDN-2 Grafton-Kempsey V 64.26 V100 )Hor. S 69.76 S 10) ABGN-7 Murrumbidgee V182.24 V100 )Hor. Irrigation Areas S187.74 S 10) ABHN-5 Newcastle-Hunter V102.258 V100 )Hor. River S107.758 S 10) ABLN-2 Broken Hill V 64.25 V 5) Vert. S 69.75 SO.5) ABMIN-10 Mungindi V209.25 V0.05 )Hor. S214.75 SO.005) ABMN-0 South-Western V 46.24 V100) Hor0 Slopes &Eastern Riverina S 51.74 S 10) ABQN-5 Central Western V102.24 V100) Vert. Slopes S107.74 S 10) ABRN-6 Richmond-Tweed V175.26 V100 )Hor. S180.76 S 10) ABSN-8 Bega-Cooma V189.24 V100) Vert= S194.74 S 10) ABTN-1 Manning River V 57.25 V100 )Verfc, S 62.75 S 10) ABUN-7 Upper Namoi V182.24 V100) Hor. S187.74 S 10) ABWN-5A Illawarra V138.25 V100 )Hor. S143.75 S 10) VICTORIA - Metropolitan ABV-2 Melbourne V 64.25 V100) Hor. S 69.75 S 10) A57 Power Call Sign Area Frequencies* (kW e.r.p.) (MHz) Polarisation VICTORIA - Country ABAV-1 Upper Murray V 57.25 V100)Hor. S 62.75 S 10) ABEV-1 Bendigo V 57.26 V100)Vert· S 62.76 S 10) ABGV-3 Goulburn Valley V 86.23 V100)Vert. S 91.73 S 10) ABLV-4 La Trobe Valley V 95.24 V100)Hor. S103.74 S 10) ABMV-4 Mildura V 95.27 V100)Hor. S100.77 S 10 ABRV-3 Ballarat V 86.238 V100)Hor. S 91.738 S 10) ABSV-2 Murray Valley V 64.26 V100) Vert. S 69.76 S 10) QUEENSLAND - Metropolitan ABQ-2 Brisbane V 64.24 V100)Hor. S 69.74 S 10) QUEENSLAND - Country ABAAQ-11 Augathella V216.25 V 0.01)Hor. S221.75 SO.001) ABAQ-8 Alpha V189.2 V 0.01)Hor= S194.7 SO.001) ABBQ-10 Barcaldine V209.2 V 0.01)Hor. S214.7 SO.001) ABBLQ-9 Blackall V196.2 V 0.01)Hor. S201.7 SO.001) ABCAQ-10 Cunnamulla V209.25 V 0.01)Hor= S214.75 SO.001) ABCEQ-9 Charleville V196.25 V 0.25)Hor° S201.75 SO.025) ABCLQ-7 Cloncurry V182.24 V 0.1)Hor. S187.74 ΰ u .01) ABCTQ-10 Clermont V209.2 V 0.05)Hor- S214.7 SO.005) ABDIQ-7 Dirranbandi V182.25 V 0.01)Vert. S187.75 SO.001) ABDQ-3 Darling Downs V 86.252 V 100)Hor. S 91.752 S 10) ABEQ-11 Emerald V216.25 V0.125)Hor. S221.75 SO.0125) ABGQ-6 Goondiwindi V175.25 V 0.25)Hor. S180.75 SO.025) ABHQ-9 Hughenden V196.26 V 0.1)Hor. S201.76 S 0.01) A58 Power Call Sign Area Frequencies* (MHz) (kW eiT.p.) & Polarisation ABIQ-6 Mount Isa V175.26 V 0.5) Hor. S180.76 S 0.05) ABJQ-10 Julia Creek V209.26 V 0.1) Hor. S214.76 S 0.01) ABLQ-6 Longreach V175.2 V0.650) Hor. S180.7 SO.065) ABMQ-4 Mackay V 95.25 V 100) Hor. S100.75 S 10) ABMKQ-9 Mary Kathleen V196.25 V 0.05)Hor. S201.75 SO. 005) ABMLQ-6 Mitchell V175.25 V 0.1) Hor. S180.75 S 0.01) ABMNQ-7 Morven V182.25 V 0.05)Hor. S187.75 SO.005) ABMSQ-9 Miles V196.25 V 0 .16)Vert- S201.75 SO.016) ABNQ-9 Cairns V196.24 V 100) Hor. S201.74 S 10) ABRAQ-7 Roma V182.25 V 1 )Hor· S187.75 S 0.1) ABRQ-3 Rockhampton V 86.26 V 100)Hor. S 91.76 S 10) ABRDQ-6 Richmond V175.24 V 0.1)Hor. S180.74 S 0.01) ABSEQ-9 Springsure V196.2 V 0.01)Hor, S201.7 SO.001) ABSGQ-8 St. George V189.25 V0.065)Hor. S194.75 SO.0065) ABSQ-1 Southern Downs V 57.26 V 100)Hor. S 62.76 S 10) ABTQ-3 Townsville V 87.27 V 100 )Hor. S 92.77 S 10) ABWNQ-8 Winton V189.25 V 1.0) Hor. S194.75 S 0.1) ABWQ-6 Wide Bay V175.24 V 100) Vert. S180.74 S 10) SOUTH AUSTRALIA - Metropolitan ABS-2 Adelaide V 64.26 V 100) Hor. S 69.76 S 10) SOUTH AUSTRALIA - Country ABCS-7 Ceduna V182.25 V 0.1) Hor. S187.75 S 0.01) ABGS-1 South East V 57.25 V 100) Hor. S 62.75 S 10) ABNS-1 Spencer Gulf North V 57.25 V 100) Vert. S 62.75 S 10) A59 Power Call Sign Area Frequencies* (kw e.r.p. (MHz) Polarisation ABRS-3 Central East V 86. 248 V 100)Vert. S 91.748 S 10) ABWS-7 Woomera V182.25 V 0.005)Hor. S187.75 SO.0005) WESTERN AUSTRALIA - Metropolitan ABW-2 Perth V 64.25 V 100)Hor. S 69.75 S 10) WESTERN AUSTRALIA - Country ABAW-2 Southern Agricultural V 64.24 V 100)Vert. S 69.74 S 10) ABCW-4 Central Agricultural V 95.26 V 100)Hor. S100.76 S 10) ABCMW-8 Morawa V189.26 V 10)Hor· S194.76 S 1) ABCNW-7 Carnarvon V182.25 V 0.1)Hor. S187.75 S 0.01) ABDW-10 Dampier V209.25 V 0.02)Horc S214.75 SO.002) ABEW-10 Esperance V209.24 V 1.0)Hor. S214.74 S 0.1) ABGW-6 Geraldton V175.24 V 10) Hor = S180.74 S 1) ABKAW-7 Karratha V182.25 V 0.025)Horâ S187.75 SO.0025) ABKW-6 Kalgoorlie V175.25 V 8 )Hor. S180.75 S 0.8) ABMW-10 Moora V209.25 V 10)Hor. S214.75 S 1) ABNW-7 Norseman V182.24 V 0 .05)Horâ S187.74 SO.005) ABPHW-7 Port Hedland V182.25 V 0.34)Hor. S187.75 SO. 034) ABRBW-9 Roebourne V196.25 V 1.0)Hor o S201.75 S 0.1) ABSW-5 Bunbury V102.25 V 100)Hor. S107.75 S 10) ABSBW-9 Southern Cross- V196.26 V 1.0)Hor. Bullfinch S201.76 S 0.1) TASMANIA - Metropolitan ABT-2 Hobart V 64.24 V 100)Hor. S 69.74 S 10) AGO Call Sign Area Frequencies* (MHz) Power * (kW e .r.p .) & Polarisation TASMANIA - Country ABKT-11 King Island V216.24 V 2)Hor= S221.74 s 0 .2) ABNT-3 North Eastern V 86.20 V 100)Hor. Tasmania S 91.70 s 10 NORTHERN TERRITORY ABD-6 Darwin V175.25 V 10)Hor. S180.75 s 1 ) ABAD-7 Alice Springs V182.25 V 0.025)Hor. S187.75 so .0025) ABKD-7 Katherine V182.25 V 0.03)Hor. S187.75 s 0.003) ABTD-9 Tennant Creek V196.25 V 0 .1 )Hor. S201.75 s 0 .01) * V=Vision S=Sound A61 ATTACHMENT 11 COMMERCIAL TELEVISION TRANSLATOR STATIONS IN ______OPERATION ON 30 JUNE 1976 Area Call Input Sign Chnl. (Parent Station) Output Chnl. Power (watts)& Polarisation Licensee NEW SOUTH WALES Armidale NEN 9 1 5 Hor. Television New England Ltd Bateman's Bay-Moruya WIN 4 11 50 Hor. Television Wollong ong Transmissions Ltd Bega WIN 11(via 6 Bateman's Bay- Moruya Trans lator ) 100 Hor. Television Wollongong Trans missions Ltd Bonalbo RTN 8 6 (a 5 ) 10 1 Vert. Richmond-Tweed TV Ltd Cobar CWN 50 Vert. Country Television Services Ltd Cooma CTC 7 10 1000 Vert. Canberra Televis ion Ltd Deniliquin GMV 6 10 1000 Hor. Goulburn-Murray Television Ltd Glen Innes NEN 9 3 5 Hor. Television New England Ltd Gloucester ECN 8 11 200 Hor. Television New England Ltd Goulburn CTC 7 10 50 Vert. Canberra Television Ltd Inverell NEN 9 10 10 Hor. Television New England Ltd Kandos- Rylstone CBN 8 10 5 Vert. Country Television Services Ltd Kyogle RTN 8 5 1 Vert. Richmond-Tweed TV Ltd Lithgow CBN 8 6 modi fied -1000 kHz ⢠5 Vert. Country Television Services Ltd Mudgee CWN 6 9 1 Vert. Country Television Services Ltd Murwill- umbah RTN 8 5 5 Hor. Richmond-Tweed TV Ltd A63 Area Call Input Output Power Sign Chnl. Chnl. (watts)& (Parent Polarisation Licensee ____ Station)_____ ______ ____________ ________ Portland-Wallera-CBN 8 4 50 Hor. Country Television Services Ltd wang Upper Hunter NBN 3 10 100 Hor. Newcastle Broad casting and Tele vision Corporat ion Ltd Walcha NEN 9 1 5 Hor. Television New England Ltd Wollon gong WIN 4 (b) 3 200 Hor. Television Wollon gong Transmiss ions Ltd VICTORIA Alexandra GMV 6 10 50 Hor. Goulburn-Murray Television Ltd Bright AMV 4 11 2.5 Hor. Riverina & North East Victoria TV Ltd Corryong-Khancoban AMV 4 10 100 Hor. Riverina & North East Victoria TV Ltd Eildon GMV 10 (via Alexan dra Tra- 3 5 Hor. Goulburn-Murray Television Ltd Myrtleford AMV nslajtojr) 6 {d) 9 10 Hor. Riverina & North East Victoria TV Ltd Nhill BTV 7 500 Vert.Ballarat and Wes tern Victoria Television Ltd Portland BTV 6 8 (e) 11 500 Hor. Ballarat and Wes tern Victoria Television Ltd Swan Hill BCV 11 1000 Vert. Victorian Broad casting Network Ltd Warrnam-bool-Port Fairy BTV 6 9 500 Vert. Ballarat and Wes tern Victoria Television Ltd QUEENSLAND Blackwater Bluff RTQ 7 10 5 Hor. Utah Development Company A64 Area Call Input Output Power Sign Chnl. Chnl. (watts)& (Parent Polarisation Licensee ___ Station) _____ __ Bowen TNQ y(f ) 1 100 Hor. Telecasters North Queensland Ltd Cardstone Village TNQ 7 5 1 Vert.Northern Elec tric Authority of Queensland Collins ville MVQ 6 11 5 Hor. Mackay Televis ion Ltd Cracow RTQ 7 5 1 Hor. Golden Plateau No Liability Dysart MVQ 1 1 (via Moran- 6 250 Vert.Utah Develop ment Company bah Goony-ella Trans lator Gladstone RTQ 7 8 (g) 10 10 Hor. Rockhampton Television Ltd Gun powder ITQ 10 10 Hor. Consolidated Gold Fields Australia Ltd Gympie SEQ 8 1 500 Vert. Wide Bay-Burnett Television Ltd Mon to SEQ 8 5 100 Vert. Wide Bay-Burnett Television Ltd Moranbah-Goonyella MVQ 8 (via Nebo Trans lator ) 11 2000 Hor. Utah Develop ment Company Nambour SEQ 1 (via Black Mt.trans lator ) 10 3000 Hor. Wide Bay-Burnett Nebo MVQ 6 8 100 Hor. Utah Develop ment Company Toowoomba DDQ 10 5 100 Hor. Darling Downs TV Ltd Townsville TNQ 7 5A 25 Hor. Telecasters North Queensland Ltd A65 Area Call Input Sign Chnl. (Parent Station) _____ Output Power Chnl. (watts)& Polarisation Licensee SOUTH AUSTRALIA Cowell GTS 4 8 50 Vert.Spencer Gulf Telecasters Ltd Port GTS 8 5 50 Hor. Spencer Gulf Lincoln WESTERN AUSTRALIA (via Cow ell Trans lator ) Telecasters Ltd Albany GSW 9 10 50 Vert.South Western Telecasters Ltd Kambalda VEW 8 3 5 Hor. Mid-Western Tele vision Pty Ltd TASMANIA Derby TNT 9 11 0.2 Hor. Northern Televis ion (TNT9)Pty Ltd Maydena TVT 6 8 1 Hor. Tasmanian Tele vision Ltd Queens town-TVT 6 8 50 Hor. Tasmanian Tele vision Ltd Zeehan Rosebery- Renison Bell TVT 8 (via Queens town Trans lator ) 10 5 Hor. Tasmanian Tele vision Ltd Savage River-Luina TNT 10 (via Waratah Trans lator ) 7 5 Hor. Northern Televis ion (TNT9)Pty Ltd South Launce-TNT 9 11 1 Hor. Northern Televis ion (TNT9)Pty Ltd ston St Mary 's- Fingal TNT 9 11 50 Vert.Northern Televis ion (TNT9)Pty Ltd Valley Stanley TNT 9 6 50 Vert.Northern Televis ion (TNT9)Pty Ltd Strath-gordon TVT 6 8 10 Hor. Tasmanian Tele vision Ltd Î66 Area Call Sign (Parent Station) Input Chnl. Output Chnl. Power (watts)& Polarisation Licensee Swansea- Bicheno TVT 6 8 50 Hor . Tasmanian Tele vision Ltd Taroona TVT 6 8 50 Hor . Tasmanian Tele vision Ltd Waratah TNT 9 10 5 Hor. Northern Tele- vision (TNT9) Pty Ltd Footnotes: (a) (b) (c) (d) (e) ( f ) (g) Via microwave - intermediate repeater stations at Hermidale and Mount Poppy Via VHF-UHF Translator at WIN Studios Via UHF relay at Mount Stanley Via UHF relay at Mount Arapiles Via UHF relay at Gredgwin Via UHF relays at Dick's Rise and Main Creek Via UHF relay at ATC microwave site 4141 A67 ATTACHMENT 12 NATIONAL TELEVISION TRANSLATOR STATIONS IN OPERATION ON 30 JUNE 1976 Area Call Sign (Parent Station) Input Channel Output Channel Power(watts) Polarisation NEW SOUTH WALES Armidale ABUN 7 4 5 Hor. Bateman 1s Bay- ABWN 5A 9 50 Hor. Moruya Bonalbo ABRN 6 2(a) 3 1 Vert. Bourke- ABN 4 lOOO Hor. Brewarrina Cobar ABN 2 U) 2 10 Vert. Cooma ABSN 8 0 5 Mixed Deniliquin ABGN 7(b) 9 lOOO Vert. Glen Innes ABUN 7 0 5 Hor. Gloucester ABTN 1 6 200 Hor. Goulburn ABC 3 0 50 Vert. Hay ABGN 7 10 2500 Hor. Inverell ABUN 7 2 5 Hor. Jerilderie ABGN 7 (b) 11 5000 Hor. Kandos- ABCN 1 0 5 Vert. Rylstone Kyogle ABRN 6 3 1 Vert. Lithgow ABCN 1 5 5 Vert. Mudgee ABQN 2 (a) 11 1 Vert. Nyngan ABN 3 5 Vert. Portland- ABCN 1 0 50 Hor. Wallerawang Upper Hunter ABHN 5 2 IOO Hor. Walcha ABUN 7 5 5 Hor. VICTORIA Alexandra ABGV 3 5A 50 Hor. Corryong- ABAV 1 9 IOO Hor. Khancoban Eildon ABGV 5A 1 1.25 Hor. Myrtleford ABGV (via Alexandra Translator) 2 25 Hor. Nhill ABRV 9 500 Vert. Orbost ABLV 4 2 20 Vert. A69 Area Call Sign Input Output Power(watts) & (Parent Channel Channel Polarisation ____ Station) _______ _______ ______________ Portland ABRV 2 (via Warr-nambool Translator) 4 500 Hor. Warrnambool- Port Fairy ABRV 3 2 500 Vert. QUEENSLAND Blackwater Bluff ABRQ 3 8 500 Hor. Bowen ABTQ 3 5 100 Hor. Collinsville ABMQ 4 8 5 Hor. Gladstone ABRQ 3 5 10 Hor. Gympie ABWQ 6 4 500 Vert. Mon to ABWQ 6 1 50 Vert. Townsville ABTQ 3 1 10 Hor. Whitsunday Islands-Shute Harbour ABMQ 4 2 25 Hor. SOUTH AUSTRALIA Bordertown ABS 2 (e ) 2 100(f)Vert Cowell ABNS 1 6 50 Vert. Keith ABS 2 (e) 4 50 Vert. Port Lincoln ABNS 6 3 50 Hor. (via Cowell Translator) WESTERN AUSTRALIA Albany ABAW 2 7 50 Vert. Kambalda ABKW 6 5 5 Hor. Katanning ABW 2 (g) 4 50 Vert. Merredin ABW 2 ill 11 20 Hor. Wagin ABW 8 lOOO Hor. TASMANIA Lileah (Circular Head Area) ABNT 3 (via UHF link) 8 2000 Vert. Queenstown-Zeehan ABT 2 4 50 Hor. Rosebery-Renison ABT 4 (via Queens town Trans lator ) 1 5 Hor. Savage River-Luina ABNT 2 (via Waratah Translator) 4 5 Hor. A70 Area Call Sign (Parent Station) Input Channel Output Channel Power(watts) Polarisation Smithton ABNT 3 (h) 4 5 Hor. South Launceston ABNT (via UHF link) 3 1 1 Hor. St Mary 1s - ABNT 3 1 50 Vert. Fingal Valley Stanley ABNT 3 1 50 Vert. Strahan ABT 4 10 1 Hor. Strathgordon ABT (via Queens town Translator) 2 5 5 Hor. Swansea-Bicheno ABT 2 4 500 Hor. Waratah ABNT 3 2 35 Hor. NORTHERN TERRITORY Warrego Mine ABTD 9 10 100 Hor. Footnotes (a) Microwave relay from Sydney (b) Via UHF relay at Argoon (c) Via UHF relay at Mount Stanley (d) Via UHF relay at Mount Arapiles (e) Microwave relay from Adelaide (f) Operating at 100 watts instead of 500 watts initially proposed, pending review of results of survey (g) Microwave relay from Perth (h) Via UHF relay at Sisters Hills as a temporary arrangement A71 - ATTACHMENT 13 TELEVISION REPEATER STATIONS IN OPERATION ON 30 JUNE 1976 Call Sign Area Channel QUEENSLAND WEQR WESTERN We ip a AUSTRALIA 7 CKWR Koolan Island 7 CKWR co*ckatoo 9 Island (Relays Programs of CKWR Koolan Island) HTWR Mount Tom Price 7 HTWR Mount 9 Nameless (Relays Programs of HTWR Mt Tom Price) HTWR Paraburdoo 11 (Relays Programs of HTWR Mt Tom Price via HTWR Mt Nameless) NEWR Newman 7 Power (watts) & Polarisa tion Licensee 10 Hor. Commonwealth Aluminium Corp. Ltd 10 Hor. Dampier Mining Co. Ltd 10 Hor. Dampier Mining Co. Ltd 10 Hor. Hamersley Iron Pty Ltd 10 Hor. Hamersley iron Pty Ltd 25 Hor. Hamersley iron Pty Ltd 5 Hor. Mt Newman Mining Co Pty Ltd A73 Power (watts) & Call Sign Area Channel Polarisa tion Licensee NORTHERN TERRITORY GEMR Groote Eylandt 7 10 Hor. Groote Eylandt Mining Co Pty Ltd GOVR Nhulunbuy 11 100 Hor. Nhulunbuy Corporation Ltd GOVR Yirrkala Mission 9 (Relays Programs of GOVR Nhulunbuy) 5 Hor. Nhulunbuy Corporation Ltd A74 ATTACHMENT 14 THE AUSTRALIAN BROADCASTING SYSTEM SUMMARY OF PRESENT AND PROPOSED FUNCTIONS ABBREVIATIONS ABCB . Australian Broadcasting Control Board ABC . Australian Broadcasting Commission BPB . Broadcasting Planning Board ABT . Australian Broadcasting Tribunal BC . Broadcasting Council Policy Present Proposed Establish communications policy (including strategic policy for the development of the broadcasting system). Government Government Provide advisory services to the Minister. Department Department Prepare legislation. Radio Frequency Management Department & ABCB Department Undertake international liaison (through ITU and others). Department Department Allocate frequency bands for broad casting and other purposes. Approve the allocation of operating frequencies for: Department Department .. broadcasting stations: ABCB Department .. other purposes. Department Department Issue frequency warrants - Minister A75 Planning (All Sectors) Present Proposed Translate the Government's strategic policy into detailed plans for the development of the broadcasting system including the undertaking of: .. social and economic planning; ABCB BPB .. social and economic research and development; ABCB BPB .. technical planning through to determination of station operating parameters; ABCB BPB .. technical planning research and development. ABCB BPB Receive and respond to planning representations. ABCB BPB Consult with the national, commercial and public sectors on planning proposals. ABCB BPB & BC Submit planning proposals to the Minister for approval. ABCB BPB Assemble industry data relevant to planning and provide this information to the Department, BC and ABT as required. ABCB BPB Extensions or Improvements to the National Services Approve of planning proposals. Minister Minister Co-ordinate funding etc. Department Department Licence Grants for Commercial and Public Stations Approve of planning proposals. Minister Minister Invite applications for licences. Minister Minister Refer applications received for public inquiry. Minister Minister Conduct public inquiries into the grant of licences. ABCB ABT Prepare and publish reports of inquiries into the grant of licences. ABCB ABT Grant licences. Minister ABT A76 Licence Renewals for Commercial and Public Stations Receive applications for renewal of Minister licences. Conduct public inquiries into the - renewal of licences. Prepare and publish reports of - inquiries into licence renewals. Renew licences. Minister Suspension and Revocation of Licences for Commercial and Public Stations Conduct public inquiries into ABCB alleged breaches of licence conditions. Present Suspend licences. Revoke licences. Impose penalties. Minister Minister Minister Prepare and publish reports of ABCB public inquiries into alleged breaches of licence conditions. . Ownership and Control of Commercial and Public Stations Authorise changes in the ownership Minister and control of commercial and public stations. Assemble industry data relevant to ABCB ownership and control and provide this information to the Department, BC and BPB as required. Policies and Performance of the ABC Conduct public inquiries to review - the policies and performance of the ABC, initially in 1980, and then at intervals of seven years. Prepare and publish reports on such - inquiries. ABT ABT ABT ABT ABT ABT ABT ABT ABT ABT ABT ABT ABT Proposed A77 Public Inquiries on Matters Referred by the Minister Present Proposed Conduct public inquiries into any ABCB aspect of broadcasting referred by the Minister. Prepare and publish reports on such ABCB inquiries. Regulation Conduct a public inquiry to determine and publish minimum standards of broadcasting practice in programming and advertising. Prepare and publish sectoral codes of broadcasting practice in programming and advertising based upon the ABT's minimum codes: National Sector Commercial Sector - radio - television Public Sector Conduct public inquiries to review standards of broadcasting practice periodically. Overview the administration of sectoral codes of broadcasting practice in programming and advertising. Receive and respond to complaints on the administration of sectoral codes of broadcasting practice in programming and advertising, and report breaches of standards or licence conditions to the ABT. Liaise with the Department and BPB - on technical standards. Assemble industry data relevant to - regulations and provide this information to the Department, ABT and BPB as required. ABT ABT ABT ABC FARE FACTS PBAA ABT BC BC BC BC A78 Present Proposed National Programs Produce, purchase or commission the production of programs for the national services. ABC ABC Establish, operate and maintain studio facilities for the national services. National Transmitters ABC ABC Program co-ordination, management, estimating etc. Establishment of transmitting facilities for the national services: Department Department .. design and specifications of sites, buildings, equipment etc. Telecom Department .. procurement of sites, buildings, equipment etc. Telecom Department .. installation of equipment etc. Operation and maintenance of transmitting facilities for the national services: Telecom Department Long term Telecom Department Short term Technical Standards (all Sectors) Telecom ABC (on be half of the Department) but using Telecom services on a contract basis until staff trans fers arranged System standards ABCB Department Equipment standards ABCB Department Qualifications of technical staff Investigation and approval of equipment: ABCB Depa rtment .. transmitting equipment ABCB & Telecom Department .. studio equipment ABC & ABCB Department & ABC A79 Technical Standards for Consumer Ecruipment Present Proposed Liaison with industry. ABCB Department Type certification. ABCB Department Field Studies Interference studies. ABCB & Department Department Reception difficulty studies. ABCB Department Field strength surveys. ABCB Department General field studies. ABCB & Department Department Research and Development Applied research and development of system hardware. ABCB, ABC 6 Department < Department & ABC Pure research into propagation, modulation methods etc. ABCB & Telecom Department & BPB Social and Economic Research. ABCB BPB Broadcast Relay Facilities Planning, establishment, operation and maintenance of broadcast relay facilities. Telecom Telecom Engineering Personnel Resources Administer engineering personnel engaged in the following: International liaison Department Department Radio Frequency Management Department Department Approval of the allocation of operating frequencies: broadcasting stations; ABCB Department other purposes. Department Department Issue of frequency warrants - Department Technical planning ABCB BPB (but using per sonnel out posted by the Depart ment ) Technical standards ABCB Department A80 Present Proposed Engineering Personnel Resources (cont'd) Studios and productions for the national service ABC ABC National transmitters: .. establishment of national transmitting facilities; Telecom Department .. operation and maintenance of national transmitting facilities Telecom ABC (but using personnel outposted by the Department) Interference studies ABCB & Department Department Reception difficulty studies ABCB Department for BPB Field strength surveys ABCB Department for BPB General field studies ABCB & Department Department Research and development: .. Applied research and development of system hardware; ABCB & Department Department .. Research into propagation, modulation methods etc. ABCB & Telecom & Department BPB (but using personnel outposted by Department) Broadcast relay facilities Telecom Telecom A81 Ministerial Powers and Responsibilities From the foregoing it will be seen that the following ministerial powers and responsibilities, insofar as they apply to commercial and public broadcasting stations, translators, repeaters and related services, are proposed by the Inquiry for transfer to the Australian Broadcasting Tribunal (ABT): 1. The grant of licences (based on applications invited by the Minister and referred to the ABT for public inquiry and decision). 2. The imposition of licence conditions. 3. The renewal, suspension and revocation of licences, and the imposition of penalties. 4. Changes in shareholdings, memoranda and articles of association of the licensee companies, and other matters covered by ownership and control provisions. It is further proposed that: .. Section 43(5) of the B & T Act be deleted. (This provides for the Minister to approve the appointment to the ABC of a person who is not a British subject and who has not made the oath or affirmation of allegiance). .. Section 46a of the B & T Act be deleted. (This provides for the Minister to approve the salary of a position in the service of the ABC in excess of $9500 per annum). .. Sections 61 & 62 of the B & T Act be amended to provide that the ABC shall not, except with the approval of the Minister, enter into a contract for an amount exceeding $250,000 (rather than the present provision of $100,000). All other powers and responsibilities awarded under existing legislation would remain with the Minister for Post and Telecommunications. A82 ATTACHMENT 15 BROADCASTING ADMINISTRATION COST AND STAFFING COMPARISON OF EXISTING AND PROPOSED SYSTEMS The following table provides a comparison of existing and proposed costs and staffing of broadcasting administration. The net result, on a preliminary estimate basis, is that in a normal year of operation a minimum saving of approximately $519,000 and 55 staff would be achieved following implementation of the proposed system. In the initial year of operation, the saving would ap proximate $286,000 after allowing $232,500 for setting up costs of the three statutory bodies. These are expected to be: Australian Broadcasting Tribunal - $ 60,000 Broadcasting Planning Board - $145,000 Broadcasting Council - $ 27,500 $232,500 To minimise costs, the staffing principles adopted in calculating the costs of administration were that: .. all staff should be employed under the Public Service Act; .. all staff should be part of the Postal and Telecommuni cations Department outposted to the statutory bodies; .. salaries, establishment, accounts, purchasing, etc. functions for the statutory bodies should be performed by departmental management services on behalf of each body, thereby avoiding the need to set up separate management service groups. Over a period, additional savings would occur as the gradual transfer of functions performed by Telecom reduced the amount it charged in mark up to the Department and the ABC. A83 ATTACHMENT 16 PROPOSED INITIAL AMENDMENTS TO THE BROADCASTING AND TELEVISION ACT 1942 It is proposed that the Broadcasting and Television Act 1942 (B & T Act) be amended immediately to disband the Australian Broadcasting Control Board and establish the Broadcasting Planning Board, the Australian Broadcasting Tribunal and the Broadcasting Council, all on a date to be advised by Proclamation, so that the present functions and responsibilities of the Australian Broadcasting Control Board can be assigned to the new bodies. The suggested amendments are summarised below. Australian Broadcasting Control Board (ABCB) Powers & Functions The principal powers and functions of the ABCB are defined in Section 16(1), (2) and (3) of the present Act and it is proposed that, following the disbandment of the ABCB, these powers and functions should be allocated to other bodies as follows: (i) a Broadcasting Planning Board to undertake planning for the introduction, extension or development of Australian broadcasting services, subject to the same Ministerial approvals which exist in 16(1)(a) and 16(3)(a) of the present Act, and to assemble industry data relating to its functions (refer Section F of this Report); (ii) an Australian Broadcasting Tribunal to under take public inquiries into the grant and renewal of licences and other matters and make decisions on such licensing and other matters (refer Section G of this Report); A85 (iii) a Broadcasting Council to act as a consultative body on broadcasting planning and to overview the administration of codes of broadcasting practice in programming and advertising (refer Section H of this Report); (iv) the Postal and Telecommunications Department to allocate frequency bands for broadcasting and other purposes, approve the allocation of operating frequencies, issue frequency warrants, set technical standards, undertake interference investigations, conduct examinations as to the competency of persons operating technical equip ment , and be responsible for a number of other functions (refer Section I of this Report). The program and advertising standards referred to in (iii) would be set by the Australian Broadcasting Tribunal following public inquiry. The technical standards would be set by the Postal and Telecommunications Department after consultation with the Broadcasting Council, equipment and receiver manufacturers. Until the new standards are set, the existing standards should continue to apply. Broadcasting Planning Board (BPB) Establishment and Constitution of the Board The Act should establish a Broadcasting Planning Board. The BPB should consist of three full-time members, all of whom should be appointed by the Governor-General. One full-time member should be appointed as Chairman of the BPB. A86 A person having a direct or indirect pecuniary interest in the broadcasting industry should not be eligible to be a member of the Board. Each member should be appointed for a period not exceeding five years and should be eligible for reappointment. Powers and Functions of the BPB The powers and functions of the BPB are outlined in detail in Section F of this Report but are summarised as follows: .. undertake planning for the introduction, extension or development of Australian broad casting services in the national, commercial and public sectors including - . social and economic planning ^research and development; . technical planning, research and develop ment, including the setting of station operating parameters and the recommendation of operating frequencies for broadcasting stations; .. submit all planning proposals to the Broadcasting Council for comment; .. submit all planning proposals to the Minister for his approval; .. receive and respond to planning representations; .. assemble industry data relevant to BPB functions and provide this information to the Department, BC and ABT as required. AS 7 Remuneration of Members, Conditions of Appointment, Meetings of the BPB, and Delegations etc. Normal provision should be made for an instrumentality of this type. Two of the three full-time members, being those other than the Chairman, should assist the Chairman in functional responsibilities relating to: .. research (social, economic etc.); . . engineering. The Chairman and one other member should constitute a quorum for meetings of the Board, and the Chairman should have a casting vote. Australian Broadcasting Tribunal (ABT) Establishment and Constitution of the Tribunal The Act should establish an Australian Broadcasting Tribunal. The ABT should consist of not less than three and not more five full-time members, and six associate members, all of whom should be appointed by the Governor-General. One full-time member should be appointed as Chairman of the ABT and another as Vice-Chairman. A person having a direct or indirect pecuniary interest in the broadcasting industry should not be eligible to be a member of the Tribunal. Each member should be appointed for a period not exceeding five years and should be eligible for reappointment. A88 Powers and Functions of the Tribunal The powers and functions of the ABT are outlined in detail in Section G of this Report but are summarised as follows: .. conduct public inquiries into the grant of licences in the commercial and public sectors (based on applications invited and referred by the Minister) and grant such licences; .. conduct public inquiries into the renewal of licences in the commercial and public sectors (based on licence renewal periods ranging from 6 months to 3 years) and renew such licences; .. conduct public inquiries into minimum standards of broadcasting practice in programming and advertising and set such standards; .. conduct public inquiries periodically into ABC policies and performance as relating to all of the national broadcasting services; .. conduct public inquiries into prima facie breaches of licence conditions and have the power to impose penalties provided in the Act and to suspend or revoke licences; .. conduct public inquiries into any aspect of broadcasting referred by the Minister; .. hear and decide on appeals referred by the Minister or the Broadcasting Council against decisions of the broadcasting bodies charged with self-regulatory responsibilities; AS 9 .. issue licences in the commercial and public sectors; .. authorise changes in ownership and control; .. prepare and publish reports on all public inquiries; .. assemble industry data relevant to ABT functions and provide this information to the Department, BPB and BC as required. Inquiries by the Tribunal The ABT should have the power to undertake a public inquiry at its discretion, or at the direction of the Minister. The ABT should inform interested parties of its intention to hold each inquiry. It should also prepare and publish formal reports of each inquiry. Provisions should be made for inquiries to be conducted by one or more or all of the full-time members, as directed by the Chairman. Associate members may participate in the conduct of inquiries as also directed by the Chairman. It is proposed that, wherever possible, the Tribunal should avoid legalism and that any necessary legislation should contain a provision, similar to Section 21 of the Trade Practices Act 1974, ensuring as little formality and technicality as is consistent with the requirements of the legislation and proper consideration of the matters before the Tribunal. The Tribunal should have the same powers to take evidence on oath, hear matters privately, and accept written evidence as the Trade Practices Commission and members of the Tribunal or other persons appearing before it should enjoy the same protections as those specified for the Trade Practices Commission. A90 Based upon ABCB experience with Sections 18 to 25 of the Broadcasting and Television Act 1942, it is proposed that: (i) the Tribunal should be protected against "contempt of court" when conducting its inquiries, and be empowered to refer such matters to the Attorney-General to institute such proceedings as may be necessary under this provision: (ii) the Tribunal should be empowered to compel production of documents and subpoena witnesses; (iii) there should be provision for the Tribunal to determine the merit of an objection lodged against an application for the renewal of a licence, and what persons it will hear in such cases, during the course of the relevant inquiry. Remuneration of Members, Conditions of Appointment, Meetings of the Tribunal, and Delegations etc. Normal provision should be made for an instrumental ity of this type. However, consideration should be given to the following points: (i) a major part of the time of members and associate members of the ABT will be devoted to the conduct of public inquiries and these inquiries will be held in all capital cities and many provincial locations: A91 (ii) some inquiries will involve one member only, whereas others may involve all members; (iii) associate members will generally (but not exclusively) be appointed because of their special knowledge of a particular State or Territory and may be directed to participate in inquiries appropriate to that State or Territory. The Chairman and one other member, or the Vice Chairman and one other member, should constitute a quorum for meetings of the Tribunal. Each of the full-time members should have functional responsibilities as allocated by the Chairman. Broadcasting Council (BC) Establishment and Constitution of the Council The Act should establish a Broadcasting Council. The BC should consist of nine part-time Councillors as follows: (i) an independent Chairman appointed by the Governor-General; (ii) two representatives from the national sector of broadcasting nominated by the Australian Broadcasting Commission; (iii) two representatives from the commercial sector of broadcasting nominated one each by the Federation of Australian Radio Broadcasters and the Federation of Australian Commercial Television Stations; A92 (iv) two representatives from the public sector of broadcasting nominated by the Public Broadcasting Association of Australia; (v) two representatives from the Postal and Telecommunications Department nominated by the Secretary of that Department, one of whom will act as deputy Chairman. The Chairman should be appointed for a period not exceeding five years and should be eligible for reappointment. Each Councillor mentioned in (ii) , (iii) , (iv) and (v) will hold office until his or her nomination is withdrawn by the person or body responsible for such nomination. Powers and Functions of the Council The powers and functions of the Council are outlined in detail in Section H of this Report but are summarised as follows: .. consider and comment on planning proposals for the introduction, extension or development of Australian broadcasting services; .. overview the administration of program and adver tising standards as defined in codes of broad casting practice published by the bodies representing the national, commercial and public sectors and endorsed, in the case of the commercial and public stations, by their members; A93 .. overview the administration of technical standards set by the Postal and Telecommunications Department; .. receive and respond to complaints on the administration of program and advertising standards on national, commercial and public stations and maintain public registers of such complaints; .. liaise with the industry, the public and other interested parties on matters concerned with the functions of the Council; .. assemble industry data relevant to BC functions and provide this information to the Department, BPB and ABT as required. Remuneration of Members, Conditions of Appointment, Meetings of the Council, and Delegations etc. Normal provision should be made for an instrument ality of this type. The Council may commence to perform its functions when the Chairman and six other Councillors have been appointed. The performance of its functions should not be affected because of a vacancy or vacancies in the membership of the Council. The Chairman (or Deputy Chairman) plus five Councillors should represent a quorum for meetings of the Council. A94 The Council should be required to create two Committees as follows: .. Planning and Standards Committee; .. Technical Liaison Committee. Each Councillor may elect to serve on either or both of these Committees, or may nominate alternate representation. The Chairman (or Deputy Chairman) of the Council should convene and chair meetings of these Committees. The Chairman (or Deputy Chairman) plus five Committee Members should represent a quorum for meetings of each of the Committees. Staff and Administrative Services of the BPB, ABT and BC Officers of the three bodies should be employed under the Public Service Act 1922. The Postal and Telecommunications Department should be responsible for management services and the Permanent Head should be Chief Officer for the staff concerned. Staff should be on the Departmental establishment as with e.g. Prices Justification Tribunal and the Department of Business and Consumer Affairs. Consequential Amendments Consequential amendments will become necessary with regard to various sections of existing Acts and Regulations including the following: Broadcasting and Television Act 1942 Broadcasting and Television Regulations Television Stations Licence Fees Act 1964 Broadcasting Stations Licence Fees Act 1964 Wireless Telegraphy Act 1905 A95 ATTACHMENT 17 PROPOSED AMENDMENTS TO BE TAKEN INTO CONSIDERATION IN DRAFTING A BILL FOR A NEW BROADCASTING ACT TO REPLACE THE EXISTING BROADCASTING AND TELEVISION ACT 1942 It is proposed that a Bill for a new Broadcasting Act be drafted as soon as possible to replace the existing Broadcasting and Television Act 1942. This should take into consideration the amendments to this Act proposed in the preceding Attachment 16 and others summarised in this Attachment 17. It should be noted that the proposed amendments cover changes in legislation which will be necessary if the recommen dations of this Inquiry are accepted and, in addition, they cover amendments which have been under discussion for some time but which have been deferred pending a major review of the legislation, such as that now contemplated. Section numbers from the Broadcasting and Television Act 1942 will be indicated in brackets, where appropriate, after the sub-headings which followc Title Broadcasting Act (Section 1) It is proposed that the title of the present Act be varied so that the Act may be cited as "The Broadcasting Act". "Broadcasting" in the present Act is taken to refer specifically to radio broadcasting. This creates confusion because it is now widespread practice to refer to both radio and television under the generic term broadcasting. A97 Public Broadcasting The present B & T Act provides for national and commercial stations only. The proposed Act should provide additionally for the establishment and operation of public broadcasting stations z being stations operated by non-profit organisations and licensed to serve a defined or special interest section of the population. Preamble (Before Section 4) The Act should contain a preamble which will clearly establish a national broadcasting policy through a statement of objectives for the Australian broadcasting system. Refer ences in the present Act to the generalised objective "adequate and comprehensive programs" should be related to and strengthened by the proposed statement of objectives = Definitions (Section 4) All definitions in the present Act should be reviewed to bring them into line with internationally accepted terms and meanings, including the use of broadcasting as a term referring to both radio and television. Additional definitions will be required as a consequence of other proposals which follow. A98 Australian Broadcasting Control Board (ABCB) (Section 7 + others) It is proposed in Attachment 16 that the Broadcasting and Television Act be amended immediately to disband the Australian Broadcasting Control Board and establish the Broadcasting Planning Board, the Australian Broadcasting Tribunal and the Broadcasting Council, all on a date to be advised by proclamation, so that the present functions and responsibilities of the Australian Broadcasting Control Board can be assigned to the new bodies. Financial Assistance for Broadcasting Stations (Section 16(5)) This section provides that the ABCB shall have the power, subject to the approval of the Minister and of the Treasurer, to provide financial assistance and other assistance to commercial radio broadcasting stations, for the purpose of ensuring that programs of adequate extent, standard and variety are provided in the areas served by those stations. It is proposed that this provision should remain but that the Minister for Post and Telecommunications and the Treasurer should have this power, rather than a statutory authority. A99 Australian Broadcasting Tribunal (ABT) Inquiries by the Tribunal Proposals relating to Existing Legislation (Sections 18 to 25) Based upon ABCB experience with Sections 18 to 25 of the Broadcasting and Television Act 1942, it is proposed that: (i) the Tribunal should be empowered to compel production of documents and subpoena witnesses; and (ii) there should be provision for the Tribunal to determine the merit of an objection lodged against an application for the renewal of a licence, and what persons it will hear in such cases, during the course of the relevant inquiry. (iii) there be provision for the offence of contempt of the Tribunal, similar to the provisions which exist in the Royal Commissions Act 1902 in respect of proceedings before a royal commission, with authority for the Attorney-General to institute proper proceedings in respect of any alleged contempt. Broadcasting Planning Board (BPB) Australian Broadcasting Tribunal (ABT) Broadcasting Council (BC) Finances of the Instrumentalities (Sections 27A(2), 27C and 28(3) It is suggested that, to conform with recent statutory authority legislation, Sections 27A and 27C should be replaced by wording along the following lines: 27C(1). The ..... shall prepare estimates, in such form as the Minister directs, of its receipts and expenditure for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the ..... shall submit estimates so prepared to the Minister not later than such date as the Minister directs. (2). The moneys of the ..... shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister. A100 Similarly, Section 28(3) should be amended to bring the legislation into line with recent provisions, along the following lines: 28(3). The Minister shall cause copies of the report and financial statements together with a copy of the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister. It appears to be normal for statutory authority legislation to include a provision governing the authority's power to purchase or dispose of assets without the Minister's approval. The following is suggested as an appropriate wording: The........... shall not, except with the approval of the Minister: (i) enter into a contract involving the payment or receipt by the........ of an amount exceeding 100,000 ‘ dollars; or (ii) enter into a lease of land for a period exceeding 10 years. In addition, the present Act is silent on the question of the ABCB's liability to taxation. A more or less standard provision in recent statutory authority legislation for comparable organisations appears to be: The.......... is not subject to taxation under any law of the Commonwealth or of a State or Territory. A101 Australian Broadcasting Commission (ABC) Establishment & Constitution of the ABC (Sections 30(4) Sub-section (4) of Section 30 of the present Act provides that "...the Head Office of the Commission shall be established in the Australian Capital Territory on or before a date fixed by the Minister". The Head Office of the ABC is inextricably involved with a major centre of population and program production activity. This sub-section should be deleted. Establishment and Constitution of the ABC (Sections 31 to 34) These sections should be amended to provide that the Commission shall consist of a Chairman, Vice-Chairman and five other Commissioners, together with further amendments necessary to make it clear that all members of the Commission are appointed on a part-time basis, for specified periods up to five years, or not exceeding five years. Since the appointments of some existing Commissioners would need to be terminated to meet the requirements of the amended Act, it is proposed that the Remuneration Tribunal be required to determine the amount of compensation, if any, which should be paid to those Commissioners whose appointments are terminated. Provision for the reappointment of Commissioners should be retained, subject to a maximum period of membership of 10 years. A102 The present requirement that at least one Commissioner "shall be a woman" should be eliminated or revised to indicate that a balance of the sexes is desirable. Section 34(2) of the present Act seems to refer to: (a) a Commissioner to act as Chairman at a meeting of the Commission; and (b) a person including a person not being a Commissioner appointed by the Governor—General to act in the office of Chairman. In view of the experience following the death of Professor Downing, this section requires clarification. Consideration should also be given to points raised in Section J of the Report - Composition of the Commission. Absence of Commissioners etc. (Sections 35 to 57) It is arguable that the Commission might not be properly constituted when there are not nine Commissioners as provided in Sections 31(1) of the present Act. Section 35 should be amended to provide that the powers and functions of the Commission are not affected by reason of there being a vacancy or vacancies. Section 37(1)(c) provides that the office of a Commissioner may be declared vacant if he is absent from "all meetings of the Commission held during two consecutive months". This should specify ordinary meetings, lest a Commissioner be in breach through missing one or more emergency meetings without having adequate opportunity to obtain Ministerial leave. Three consecutive ordinary meetings would be more appropriate. A103 Australian Broadcasting Commission Meetings of the Commission (Sections 38 and 39) These sections should be amended to provide that: (i) the quorum for meetings of the Commission shall be four members, or the quorum shall be a majority of the persons who are Commissioners; and (ii) the Chairman shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote. Delegations by the Commission (Section 40(2)) Section 40(2) of the present Act provides that the Commission may delegate to the General Manager the power to appoint officers of the Commission. The General Manager is the only delegate and is required to sign personally the documents covering the appointment of each officer. This should be amended to empower the Commission to delegate the power to appoint officers not only to the General Manager, but also to another officer or officers. A104 Appointment of Officers (Section 43) The following requirements in the present Act should be deleted: .. 43(4)(a) relating to the "British subject" qualification; .. 43(4)(d) relating to the making of an oath or affirmation of allegiance; and .. 43(5) providing for Ministerial approval of the appointment of a person who is not a British subject and has not made an oath or affirmation of allegiance. Appointment of Officers (Sections 43, 45 and 46) Under the Broadcasting and Television Act 1942 the ABC has primary responsibility for personnel matters but deter minations by the Commission on the following matters are subject to the approval of the Public Service Board: .. the educational qualification for appointment (section 43(4)(b)); .. the terms and conditions of employment (section 43(6)); .. the salary applicable to a position (section 45(1); .. reclassification of positions (section 46(1)). The ABC claims that these sub-sections represent a derogation of the Commission's powers by reason of an enforced relation ship with the Public Service Board. A105 The ABC states that it is preferable for certain ABC staff to be referrable for salaries and employment conditions to the Conciliation and Arbitration Commission for industry awards rather than to the Public Service Arbitrator. The Inquiry supports the ABC's view on this matter and proposes that the legislation be amended in accordance with the recommendations in Section J of this Report - Staffing of the Commission, which are summarised as follows: (i) The Commission may appoint such officers, engage such temporary or casual employees and make such contracts for the services of persons as it thinks necessary for the purposes of this Act; (ii) The terms and conditions of employment of persons appointed or engaged shall be as determined by the Commission; (iii) Except in relation to positions agreed by the Chairman of the Commission and the Public Service Board as positions whose duties and functions are more closely akin to the broadcasting industry, the Commission shall not, without consultation with the Public Service Board, determine in respect of matters not provided for by this Act the major terms and conditions of employment applicable to such positions; (iv) The Commission shall not, except with the approval of the Public Service Board, determine the salary of a position at a rate exceeding $ per annum, i.e. the bottom of Level 1 Second Division, or: (a) if the regulations provide for a higher rate - that higher rate; or (b) if the regulations provide for a method of ascer taining a rate and the rate so ascertained is a higher rate - that rate so ascertained. A106 (v) The Public Service Arbitration Act does not apply in relation to the employment of officers or employees of the Commission; (vi) Item (ii) does not prevent the making of an industrial award, order, determination or agreement under any Act (other than the Public Service Arbitration Act) in relation to officers or employees of the Commission; (vii) Nothing in this Act shall affect the operation of any award of the Conciliation and Arbitration Commission or of any determination made by the Public Service Arbitrator prior to the commencement of this Act and applicable to the Commission and any of its officers or employees; (viii) Where an officer is promoted to a vacant position of the class not excepted in (iii) and that officer is not the choice of a selection committee constituted in accordance with rules approved by the Commission (including an officer nominated by the organisation of which it is appropriate for a person occupying the vacant position concerned to be a member), an officer who considers he should have been promoted in prefer ence to the officer promoted may appeal to the Promotions Appeals Board on the grounds of superior efficiency; (ix) Where an officer is dismissed, retired otherwise than under (x) or (xi), or reduced in position or salary for reasons of misconduct, inefficiency or incompet ency or unfitness or incapacity to discharge the duties of his position, the officer may appeal to the Disciplinary Appeal Board= A107 (x) An officer appointed after the commencement of this Act who has attained the age of 60 years shall be retired unless the Commission certifies that it is in the Commission's interests that retirement should not occur, in which case the officer may continue until he is retired by the Commission, elects to retire or attains the age of 65 years, whichever first happens. (xi) An officer who is an officer at the date of commencement of this Act who has attained the age of 60 years shall be entitled to retire if he elects but if he does not so elect the officer may be retired by the Commission before age 65. (This is the substance of the present section 51.) (xii) The Commission is an approved authority for the purposes of the Superannuation Act but that does not preclude the Commission with the approval of the Treasurer providing benefits by way of insurance or super annuation in particular classes of officers or employees of the Commission that are more appropriate to their circ*mstances. (xiii) Usual Officers Rights Declaration Act provisions. Approval of Minister to Certain Classifications (Section 46A) This section requires the approval of the Minister of the salary of a position in the service of the Commission in excess of $9,500 per annum. This section should be deleted. A10 8 Tenure of Office (Section 51) The minimum age of sixty for voluntary or compulsory retirement is considered too high for some types of staffs There should be provision for earlier retirement other than on the grounds of invalidty for certain creative staff with appropriate pension benefits. Dismissal etc, of an Officer (Sections 56 & 57) These sections deal with the dismissal, reduction in status, fine etc. of an officer of the Commission for misconduct, and with the appeals procedure. It is proposed that, when punishment is awarded for misconduct, the matter should be subject to appeal to the Disciplinary Appeal Board only if the misconduct took the form of a deliberate acto In all other cases, the Commission should be the appellate bodyâ Powers and Functions of the ABC Section 59(1) ) There should be added: Subject to this Act, the Commission is responsible to the Parliament through the Minister for Post and Telecommunications. There should be included reference to the Commission's responsibility to provide an external broadcasting service. A109 Powers and Functions of the ABC Section 59(2)) It is proposed that amendment be made to the present Act. With the expansion of its concert activities the ABC now has to present some public paid concerts with repeat performances of the same musical programs. The Act should be amended to exclude the requirement to broadcast part or all of such repeat performances if the ABC does not wish to do so for its program purposes. Power to Purchase and Dispose of Assets (Sections 61 & 62) These sections should be replaced with the following to bring the provision into line with more recent legislation. The Commission shall not, except with the approval of the Minister: (i) enter into a contract involving the payment or receipt by the Commission of an amount exceeding 250,000 dollars; or (ii) enter into a lease of land for a period exceeding 10 years. Studios of the ABC (Section 63) The Act should be amended so that approval for the location of the studios of the Commission shall vest in the Minister for Post and Telecommunicationsâ A110 Finances of the ABC (Sections 70(2). 71A and 72) It is suggested that Sections 70(2) and 71A be replaced by the following: 7lA(1). The Commission shall prepare estimates, in such form as the Minister directs, of its receipts and expenditure for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the Commission shall submit estimates so prepared to the Minister not later than such date as the Minister directs. (2). The moneys of the Commission shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister. Section 72 should be replaced by the following new Section: 72. The Commission is not subject to taxation under the laws of Australia or of a State or Territory0 (Section 68(1)) It is proposed that this section should specify that the appropriation is to be provided in accordance with the recommendations of the Inquiry in Section J of this Report - Funding of the Commission. (Section 70(1) ) Certain financial obligations are placed upon the Commission by the Parliamentary Proceedings Broadcasting Act. This should be recognised in an amended Section 70(1). A l l l Technical Services - Translators (Section 73) Provision should be made that, where a Commonwealth Government-owned facility is not available or justified, the rights to establish and operate a translator service radiating national,commercial and/or public programs, may be licensed by the BPB subject to approval by the Minister. Technical Services - Transmitters (Sections 73, 74 and 75) Under the present system, responsibility for design, procurement, installation, operation and maintenance of national transmitters rests with the Australian Tele communications Commission (Telecom). The Inquiry believes that this responsibility is not consistent with the major function of Telecom, i.e. as the common carrier in the provision of telecommunications services. As a first step towards the Commonwealth Government providing and operating all transmission facilities, the Inquiry recommends that responsibility for the national transmitters be transferred from Telecom to the Postal and Telecommunications Department. The design, procurement and installation function associated with national transmitters could be readily transferred from Telecom to the Department. However, the widespread distribution of the transmitting facilities and the difficulty of separating the broadcast work from general telecommunications activity in many areas, will require careful planning of the transfer of the operating and maintenance work and some years may elapse before this change can be accomplished. A112 In this interim period the Inquiry proposes that the ABC should have responsibility for operation and mainten ance of national transmitters on behalf of the Department. It is further proposed that the ABC should request Telecom to continue its present "operate and maintain" functions on a contract basis until the ABC is ready to assume the responsibility on an area by area basis. The Department should co-ordinate the transitional processes referred to above. A113 (Sections 78(1) and 78(2)) It is considered that sub-sections 78(1) and 78(2) should be replaced by provisions along the following lines: 78(1). The Commission shall, as soon as practicable after 30 June in each year, prepare and submit to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves. (2). Before submitting financial statements to the Minister under sub-section (1), the Commission shall submit them to the Auditor-General, who shall report to the Minister: (a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and records; (c) whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and (d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister. (3). The Minister shall cause copies of the report and financial statements together with a copy of the report of the Auditor—General to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister. A114 Commercial Radio & Television Stations Grant of Licences (Sections 80 to 84) These five sections of the present Act should be revised to accommodate the following procedure: (i) the Broadcasting Planning Board (BPB) will submit recommendations to the Minister for the introduction, extension or development of all Australian broadcasting services; (ii) the Minister will accept or reject each BPB recommendation, or he may return a recommendation to the BPB for further consideration; (iii) in the case of a commercial or public radio or television station, the Minister's approval will lead him to inviting applications for the licence, and such applications will need to be made in a manner determined by the Minister; (iv) the Minister will refer applications received to the Australian Broadcasting Tribunal (ABT) for public inquiry and decision by that Tribunal; (v) the ABT will be required to publish its report of the inquiry and its decision; (vi) the ABT will have the power to grant a licence for an initial period of five years, commencing on the date specified in the licence. A115 Renewal of Licences (Section 85) The introduction of a provision for public hearings on the renewal of licences will raise complex administrative problems. There are at present 122 commercial radio stations and 48 commercial television stations with licences currently renewable every twelve months. If all of these were to be subject to inquiry upon renewal, the ABT would find it difficult indeed to cope with this commitment in addition to its other responsibilities. Accordingly, it is contemplated that public inquiries on the renewal of licences would be conducted on a service area basis, e.g. one inquiry would cover all three commercial television stations serving Sydney, another would cover all six commercial and public radio stations serving Brisbane, and so on. To achieve such an objective, it will be necessary to: (i) specify in amendments of the Act that public hearings into licence renewals shall begin at a time to be proclaimed; (ii) make provision, on some transitional basis, for licence renewals to be granted for any period between 1 and 364 days so that, in each service area or territory, interim licence renewals can be granted for various periods so that, for example, the licences for all three commercial television stations serving Sydney can be aligned to expire on one date, all six commercial and public radio stations serving Brisbane expire on another date, and so on. A116 Section 85 of the present Act should be amended to provide for the following procedure: (i) for a period of six months preceding the expiry date of their present licence, each commercial licensee will be required to announce regularly, through their station, the pending licence expiry; (ii) through the same period, the ABT will notify the pending expiry by notices in the Gazette and other appropriate means; (iii) any person or persons who may wish to object to the renewal of a licence will do so by providing to the ABT written advice of the grounds on which such objection is based; (iv) if no objections are received, or if the ABT regards the objection/s received as being without sound basis, the licence will be renewed by the ABT for a period being not less than six months and not more than three years; (v) if objection is received and if the ABT supports the basis of the objection, or if the ABT itself wishes to question any aspect of the licensee's performance, a public inquiry will be held into the renewal of the licence by the ABT; (vi) following the public inquiry, the ABT will decide to: (a) renew the licence of the station for a period being not less than six months and not more than three years; or (b) revoke the licence of the station (vii) the ABT will be required to publish its report of the inquiry into the renewal of the licence, together with its decision. A117 Sub-section (2) of Section 85 of the present Act should be amended to require any application for licence renewal to be lodged with the ABT not less than six months before the expiration of the current licence. This will allow time for a public hearing, should such be desirable, to take place before the licence expires. Revocation & Suspension of Licences (Sections 86 & 87) Sections 86 and 87 of the present Act should be amended so that the power to revoke or suspend a licence rests with the Australian Broadcasting Tribunal, following a public inquiry. Sub-section (1) of the present Act should be amended to empower the ABT to suspend, revoke or not renew a licence if significant, undesirable changes in ownership or control have occurred without approval. The Act as it now stands seems as though it could allow a successful legal challenge to a suspension, revocation, or non-renewal because of ownership/ control breaches. (Section 87A) Section 87A of the present Act requires amendment to ensure that decisions of the Australian Broadcasting Tribunal on the grant or renewal of licences may be subject to an appeals procedure under the Administrative Appeals Tribunal Act. Transfer of Licences (Section 88) The Act should be amended so that the nominal owner of the licence of a station must retain complete responsibility for the licence, and be prevented from leasing the station to another party. A118 Limitation of Ownership or Control It is suggested that consideration be given to combining the current Divisions 2 and 3 into a single Division, perhaps titled "Limitation of Ownership or Control of Commercial Radio and Television Stations". This would eliminate the duplication that occurs in the Act as it now stands, where many sections of identical or almost identical wording are contained in both Divisions 2 and 3. The new Division would, of necessity, contain some provisions that would differ as for radio* and television (e.g. definitions of prescribed interest, limitation of interests, etc) but, in the main, most sections apply equally to both radio and television as they currently stand. Some provisions that, for no apparent reason, currently differ as between radio and television might be amended to apply equally (e.g. Division 3 considers debentures in the calculation of prescribed interests and has a more complex definition of a prescribed interest). Discretionary Powers relating to Ownership and Control to ABT It is proposed that a new section be inserted giving the ABT certain discretionary powers when determining if ownership/ control limits have been breached. The discretionary powers should not allow any relaxation of the limitations of interests as defined by the Act, but should give the ABT sufficient flexibility to meet any situation when deciding if limits have been breached and to avoid any rigid or narrow definitions of ownership/control that might hinder the effective workings of the Act. A119 It is expected that the discretionary powers would be used in matters such as the tracing of shareholding interests through a series of companies, shares held by trustees of superannuation funds, shares held by trusts and nominee holdings, etc. Public Access to Information on Ownership and Control It is proposed that the ABT be required to keep registers and records of ownership/control information and to allow public access to such information (other than certain prescribed classes of documents)and copying facilities. The Act as it now stands does not require disclosure by the Board of such information. (Section 90C) The Act as it now stands provides protection for those companies which held, before a prescribed date, interests in excess of those contemplated by law. As there are no longer any protected interests as far as radio is concerned, it is proposed to delete those sub sections of Section 90 which deal with such interests. (Sections 90G and 92D) It is proposed that Sections 90G and 92D be amended to require the term "controlled" to have the same meaning as it has in other parts of the Act (e.g. Sections 90E and 92B - "Meaning of control of a company"), i.e. 15%, and not 50% or more. (Section 92) The Act as it now stands provides protection for those companies which held, before a prescribed date, interests in excess of those contemplated by law. A120 There are no longer any protected interests in radio. In television, however, it is proposed that protection should be removed in respect of those excess interests which still remain, so that such interests will be reduced to a level which conforms with the provisions of the Act. Accordingly, those companies which now hold excess television interests should be required to dispose of such interests over a period of time to be determined by the Tribunal, and under such arrangements as are proposed by the Tribunal and approved by the Minister. A phased reduction of excess interests is desirable as it would be contrary to the interest of the members of the general public who might be relatively small shareholders in the companies concerned, if a situation were created where a number of shares were placed on the market at one time, or shares were required to be sold in heavily depressed market conditions. Companies which are required to make a divestment of excess interests will, however, be required to satisfy the Tribunal at the end of each twelve month period dating from the time of the Act coming into force, that satisfactory progress has been made in respect of the arrangements approved. In cases where the Minister is satisfied that the licensee has made a genuine effort to meet such arrangements, he may extend the period, or approve alternative arrangements from time to time. A121 Provision of Information relating to Ownership and Control It is suggested that a new section be inserted empowering the Tribunal to require a person to furnish informa tion to the Tribunal, to produce documents to the Tribunal and to appear before the Tribunal to give evidence on oath and produce documents. Commercial Radio & Television Stations Programs (Section 99) Section 99 should be extended to provide that the rules and standards as prescribed for programs are obligatory on licensees, and that they are also required under this section to provide the Broadcasting Council or ABT, on request, with a record of any program as broadcast. Items of National Interest (Section 104) Section 104 should be amended so that the Australian Broadcasting Commission, as well as a licensee, shall be required to broadcast, under the provisions of this section, such items of national interest as the Minister may direct. Accounts and Records (Section 106) Section 106(1)(c) should be amended so that licensees shall furnish their financial statements to the BPB within three months after the thirtieth day of June in each year. Public Broadcasting Stations A new Part V of the Act should be created to provide for legislation covering public broadcasting stations. A122 In providing for this legislation, it should be specified that applications for licences for these stations will be invited by the Minister on his own initiative or on the recommendation of the BPB, and that applications received will be referred to the ABT for public inquiry and decision. Licences will be issued subject to conditions which are determined by the ABT. Wherever relevant, the provisions of the Act in respect of commercial stations will also apply to these stations. It is also to be made clear that such stations: (i) will operate on a non-profit basis; (ii) will serve specific interest, or community groups, or be used for other special purposes; and (iii) may be shared by various interest groups. The provisions in respect of translator stations and repeater stations now dealt with in Divisions 5A and 5B of the Act, respectively, will also be made to apply to public broad casting stations. A123 Encouragement of Australian Production (Section 114) Section 114 should be amended to provide: (i) when rules or standards are laid down by the ABT for Australian content in the production and presentation of broadcast programs, licensees will be required to comply with such rules; (ii) that the Australian Broadcasting Commission should give recognition to an obligation to meet levels of Australian content at least equal to that provided by licensees; (iii) that the term "Australian content" as used in this and other relevant sections of the Act shall relate to the use of Australian performers, writers, composers and technical and production staff used in the production and presentation of broadcast programs; and (iv) that the ABT be empowered to decide upon the action to be taken if the rules and standards for "Australian content" in programs are not complied with. Political & Controversial Matter (Sections 116 & 117) This section was copied from the Canadian Broadcasting Act 1936, which has subsequently been repealed. The ABCB in its 1973/74 Annual Report said: "S116 of the Act is in need of total revision in almost every area". It is recommended that S116 be amended to provide that the Australian Broadcasting Tribunal should declare for each "election period" a formula for the allocation of free time to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period. This formula should be used pro rata A124 by all broadcasters in allocating free broadcast time to parties - A licensee of a commercial broadcasting station should be required to afford equal opportunities to all political parties contesting the election (as defined above) to buy broadcast time. However, nothing in this section should require a licensee to broadcast matter free of charge. Dramatisation of Political Matter (Section 116 (2)) This sub-section is recommended for deletion. "Black-out" Period (Section 116 (4)) It is proposed that the "election period" be defined as the period commencing on the day of issue of the writ or writs for an election and ending at midnight on the day preceding the day of the poll, thereby limiting the "black-out" period to those hours between midnight and the close of the poll. Name of Speakers to be Announced (Section 117) The matters in this section appear to be adequately covered by Section 164A of the Commonwealth Electoral Act 1918. Recording of Political Matter, etc. (Section 117A) This section appears to be unnecessary. However, the principles embodied in it should be extended to cover all broadcast material, so that it provides for the ABC and licensees to: A125 (i) record the sound of all broadcast material; (ii) retain these recordings for six weeks after broadcast or for such longer period as the Minister directs; (iii) provide these recordings to the Australian Broadcasting Tribunal or any court on receipt of a written request; (iv) upon being served with written notice of a request by the Tribunal or any court, retain the recordings until the proceedings to which the notice of request refers are finally determined (except that when such proceedings have not been instituted within three months, this provision lapses. Further, this obligation does not apply when the recordings are in the possession of the Tribunal or a court): and (v) provide copies of such recordings to any person as directed by the Minister, but subject to fair compensation. Publication (Section 120) A suitable amendment should be made to make it clear that a person shall not publish, reprint or reproduce in any form, any matter transmitted, without the consent of the licensee and the approval of the Broadcasting Council on the one hand, or without the consent of the ABC, where applicable. Broadcasting Programs of Other Stations (Section 121) Section 121 should be amended so that approval is not required for satellite broadcasts from overseas. A126 Defamatory Statements (Section 124) Section 124 should be amended to provide that qualified privilege should be afforded to the ABC and licensees in respect of matter presented in the national interest by direction of the Minister under Sections 64 and 104. Medical Talks (Section 122) Section 122 should be repealed so that all references to the need for the text of a talk on a medical subject to be approved by the Director-General of Health be deleted from the Act. Penalties (Section 132) Provision should be made for more adequate fines, for both summary and indictable offences, as specified by the Attorney-General, in respect of contravention or failure to comply with any provision/s of the Act. Lands Acquisition Act The requirement upon the ABC to operate within this Act in purchase and rental of properties is not conducive to speedy and effective results. Exemption which is available under the Lands Acquisition Act should be accorded the ABC. Consequential Amendments Consequential amendments arising from the above be undertaken in respect of the Broadcasting and Television Act 1942, the Broadcasting Stations Licence Fees Act 1964, the Television Stations Licence Fees Act 1964, the Parliamentary Proceedings Broadcasting Act 1946 and other related legislation identified by the Attorney-General. A127 â ATTACHMENT 18 PROPOSED AMENDMENTS TO BE TAKEN INTO CONSIDERATION IN DRAFTING A BILL FOR A NEW RADIO FREQUENCY MANAGEMENT ACT TO REPLACE THE EXISTING WIRELESS TELEGRAPHY ACT 1905 It is proposed that a Bill for a new Radio Frequency Management Act be drafted to replace the present Wireless Telegraphy Act 1905 (W T Act). This Bill should: (i) incorporate amendments consequential upon decisions by the Government on the recommendations of the Inquiry; (ii) take this opportunity to implement other amendments to the W T Act which have been under consideration for some time. Section numbers from the W T Act will be indicated in brackets, where appropriate, after the sub-headings which follow. Title Radio Frequency Management Act (Section 1) It is proposed that the new Act be titled "Radio Frequency Management Act" as this would be more descriptive of its functions. "Wireless Telegraphy" is a term now inapprop riate with advances in technology and reflects terminology current when the Wireless Telegraphy Act was passed in 1905. Definitions (Section 2) All definitions in the Wireless Telegraphy Act 1905 should be reviewed. A129 Application of Act This Act-should bind the Crown in right of Australia or a State or Territory. For many years doubts existed as to whether the powers vested in the Wireless Telegraphy Act 1905 extended to Common wealth, State and Territory Governments and their departments and instrumentalities. While there is now general recognition of the Commonwealth's responsibility for radio control, it is considered necessary to secure this position to avoid any possibility of embarrassment by failure to comply with inter national requirements. Application of the provisions of the International Telecommunication Convention and the Radio Regulations Wireless Telegraphy Regulation 15 stipulates that the International Telecommunication Convention and the Radio Regulations apply to "all stations available for the transmission or reception of messages by wireless telegraphy and to all messages transmitted or received by those stations". It is proposed to include the requirement in the new Act without any limitation as to the type of station affected. Frequency Warrants It will be necessary to draft clauses to provide for the issue and revocation of frequency warrants, as recommended by the Inquiry. The intention of these procedures is to rationalise the allocation of radio frequencies in accordance with guidelines set by the International Telecommunication Union. A13 0 Licences for the operation of commercial and public broadcasting stations will be issued by the Australian Broad casting Tribunal (ABT). Licences for privately operated radio communications services will be issued by the Minister for Post and Telecommunications. The ABC and Commonwealth Govern ment departments will not-require licences. Frequencies in the broadcasting bands will be recommend ed by the BPB and approved by the Department. Frequencies in the non-broadcasting bands will be allocated by the Department. Frequency warrants for all broadcasting and radio communications services will be issued by the Minister. In the case of commercial and public broadcasting stations, this will follow upon recommendation from the ABT. With national stations, it will follow upon a recommendation from the BPB. With all other services the issue of a frequency warrant will follow the Minister's agreement to license or,approve the establishment of the service. A frequency warrant shall not be issued for a commercial or public broadcasting station except to a body as defined in the proposed Broadcasting Act. A frequency warrant may not be transferred and will remain in force for the period under which the appropriate broadcasting or radiocommunications licence is issued unless revoked by the Minister. The Minister may vary conditions and shall have power to revoke frequency warrants if: A131 (i) the ABT revokes or suspends a broadcasting station licence and so advises the Minister; (ii) the operator of any broadcasting station or radio communications station operates contrary to the tech nical standards. Appeals against the Minister's action in revoking a frequency warrant may be made to the Administrative Appeals Tribunal. Licence to Operate Radio Equipment for Radiocommunications Service (Section 5) The Minister for Post and Telecommunications may grant a licence for a specified period to a person or organisation to possess and operate prescribed radio equipment specified in a licence for the purpose of providing or receiving a radio communications service. The Minister may set or vary conditions to which the licence is subject and if there has been a contravention of these conditions shall have the power to suspend or revoke the licence. Licence to Operate Radio Equipment Other than for the Purpose of Providing or Receiving a Radiocommunications Service The W T Act views radio solely as a message passing medium. Despite this restriction, licences have been issued for numerous types of radio devices used for determining direction and distance. These include devices such as radar, radio beacons and other equipment used for automatically indicating or recording measurements (telemetering) . It is proposed that the Minister's power of control be extended. A132 Operation of Radio Equipment No person shall operate prescribed radio equipment for the purposes of providing or receiving a radiocommunications service unless the person is the holder of a licence, the agent of a licensee or the service has been approved by the Minister. Licence to Possess Prescribed Radio Equipment for the Purposes of Testing or for Demonstrating Equipment to a Prospective Purchaser It will be necessary to allow manufacturers, importers and retailers to possess prescribed radio equipment for the pur poses of manufacturing, testing and demonstrating that equipment for purchasers. It is proposed to issue licences for these purposes and to include in the licence conditions the requirement that the purchaser's name and address be notified to the Postal and Telecommunications Department within seven days of the sale. Broadcast Receivers Broadcast receivers manufactured, imported or sold must meet technical standards as determined by the Department. Type Testing of Equipment In order to ensure that licensed services meet technical specifications it is the practice of radio manufacturing and importing firms to submit their equipment to the Postal and Telecommunications Department for testing. This practice has proved costly for the Department and it is proposed to set a fee for this service designed to cover the costs involved. A133 Possession of Radio Equipment (Section 6) No person shall possess or have under his control pre scribed radio equipment unless he is the holder of a licence or the agent of the licensee. The present Wireless Telegraphy Act prohibits the estab lishment, erection, maintenance or use, without a licence, of a station or appliance for the purpose of transmitting or receiv ing radiocommunications but it does not prohibit the possession of such equipment. Because of the difficulty in proving the establishment, etc., of a radiocommunications service, offenders are often able to escape court proceedings or conviction. It is proposed, therefore, to prohibit the possession of radiocommunications equipment without a licence. Technical Standards and Specifications As mentioned in Section H of this Report, the Postal and Telecommunications Department will establish standards for tech nical equipment and the operation of broadcasting stations. Technical standards and specifications for radio communications equipment will also be determined by the Department. Detection and Prevention of Sources of Harmful Interference It will become the responsibility of the Postal and Telecommunications Department to detect and prevent sources of harmful interference to the transmission and reception of broad cast and radiocommunications services. A134 Crown Not Liable to Prosecution Nothing in the Act shall be taken to subject the Crown in Australia or a State or Territory to prosecution for an offence, although this does not absolve any person acting on be half of the Crown. Exemption of Crown The Minister may exempt the Crown in right of Australia from the operation of this Act. Access to Premises (Section 8) The W T Act provides for search warrants to be granted to break in and enter "any place or ship". It is proposed to broaden this definition to include "aircraft or vehicle". Penalties for Offences (Section 9) The W T Act provides for penalties which have not changed since the Act was passed in 1905, It is proposed that the maximum fines provided for in the Act should be raised to more appropriate penalties in order to act as a stronger deterrent to offenders. Notice Any notice, requirement or consent to be given or made under any provisions of the new Act by the Minister or the Department may be served by hand or sent by registered letter addressed to the usual or last-known place of residence or business of the broadcast or radiocommunications station operator. A13 5 Delegation of Powers by Minister The W T Act makes no provision for the Minister to delegate his powers to officers of his Department. It is proposed that a suitable delegation provision be included in the Act as is the practice in other legislation. Application of Act to Australian Ships and Aircraft Outside Australia The Act will apply to radio equipment installed in Australian ships and aircraft operating outside Australia. Foreign Ships and Aircraft (Section 6) Foreign ships are exempted from the provisions of the W T Act and it is proposed to extend this exemption to foreign aircraft. However, where prescribed radio equipment is on board a foreign ship or foreign aircraft in Australia, it must be operated in accordance with the authority of the Minister. Transmission of Certain Messages Broadcasting stations shall not receive or transmit messages except for the purposes of broadcasting. Radio communications stations shall only transmit messages in accord ance with the conditions of the licence. A136 ATTACHMENT 19 PROPOSED AMENDMENTS TO RELATED LEGISLATION It is proposed that consequential amendments be undertaken to related legislation, which includes the following: Broadcasting and Television Act 1942 Broadcasting Stations Licence Fees Act 1964 Parliamentary Proceedings Broadcasting Act 1946 Telecommunications Act 1975 Television Stations Licence Fees Act 1964 Wireless Telegraphy Act 1905 Wireless Telegraphy Regulations Act 1970 A137 ATTACHMENT 20 LOCATION OF STATUTORY BODIES The three statutory authorities recommended by the Inquiry will be continuously involved in one or other form of interaction with the broadcasting industry. The question of their physical location is therefore of some importance. The Inquiry believes that, whenever possible, the statutory bodies should be located in Sydney. The Australian Broadcasting Commission, the Broadcasting Division of the Postal and Telecommunications Department and the bulk of the industry, including the major industry associations, are already located there, as listed on the following page. Since the Broadcasting Planning Board will be staffed in part by a core of engineers and technicians presently on the staff of the Australian Broadcasting Control Board, which is located in Melbourne, it may not be practicable to locate the BPB with the other bodies in Sydney. The Inquiry expects the question to be decided after consultation with the Public Service Board and the members of the staff affected. A139 Broadcasting and Related Organisations Located in Sydney Australian Broadcasting Commission ABC Staff Association ABC Senior Officers' Association Actors' and Announcers 1 Equity Association of Australia Advertising Federation of Australia Advertising Institute of Australia Australia Council Australian Association of National Advertisers Australian Copyright Council Australian Film Commission Australian Film Council Australian Journalists' Association Australian-Owned Advertising Agencies Council Australian Record Industry Association Australian Theatrical and Amusem*nt Employees' Association Australian Writers' Guild Australasian Performing Rights Association Electrical Trades Union of Australia Federation of Australian Commercial Television Stations Federation of Australian Radio Broadcasters Film Censorship Board Film Editors' Guild of Australia Film and Television Production Association of Australia Film and Television School Institution of Radio and Electronics Engineers Australia Media Council of Australia Music Arrangers' Guild of Australia Postal and Telecommunications Department (Broadcasting Division) Producers' and Directors' Guild of Australia Professional Radio and Electronics Institute of Australasia Public Broadcasting Association of Australia Television Program Distributors' Association A140 ATTACHMENT 21 SOME ISSUES FOR FUTURE CONSIDERATION Special Programming Needs - Aboriginal - Access - Children - Womens - Educational - Ethnic - Local community - Religious - Rural or provincial Standards: Their Establishment and Enforcement - Advertising - Programming - Technical - Transmission hours - Complaints procedures - Consumer equipment Encouragement of Local Production - Financial assistance - Tax concession incentives to local production - Co-production of television programs - Restrictions on imported programs - Factors affecting independent production studios - Establishment of foundations/centres - Sharing/exchange of program and other resources - Staff training schemes A141 4. Legislative Arrangements - Copyright - Ownership and control - Appeals procedures - Programming - Defamation, blasphemy and obscenity - Public access 5. Extensions to the National Service - Additional television channel/s - Additional radio network/s - FM services - Rural services - Services to iemote communities - Educational broadcasting services 6. Technical Issues - Standardisation of receiving equipment - Cost structure of common carrier facilities - Provision of advisory services for public broadcasters - Co-siting and centralisation of transmitting facilities - Liaison with equipment manufacturers - Engineering research 7. Procedures to be Followed at Licensing Hearings - Legal representation - Notification of hearings - Parties permitted to take part in hearings and/or lodge submissions - Relevant files to be open for public inspection A142 8. Introduction and Extension of New Technologies - Automated broadcasting - UHF television - FM radio (including commercial FM) - Cable television - Broadcast satellites - Community Television Aerial Systems - Pay TV 9. Potential Areas for Increasing Efficiency in the Commercial Sector - Networking of stations - Newsgathering services 10. Need for a Continuing Program of Research into Australian Broadcasting - Establishment of a communications research institute - Encouragement of academic research - Establishment of consultation and liaison between media research organisations RS76/20009 A143
