Australian Communications and Media Authority—Report for 2013-14 (2025)

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

Australian Communications and Media Authority—Report for 2013-14

Download PDF

Annual report 2013 -14

Annual report 2013-14

Copyright notice

http://creativecommons.org/licenses/by/3.0/au/

With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence.

We request attribution as: © Commonwealth of Australia (Australian Communications and Media Authority) 2014.

All other rights are reserved.

The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material.

Written enquiries may be sent to: Manager, Editorial Services PO Box 13112 Law Courts Melbourne VIC 8010 T: 03 9963 6968 E: candinfo@acma.gov.au

ISSN 1834-1519

This report is available on the ACMA website at www.acma.gov.au/annualreport.

Contents

10 Chairman’s foreword

14 Highlights

26 Chapter 1: About the ACMA

27 Functions and responsibilities

28 Structure 28 The Authority

31 Corporate structure

33 Revenue collection

34 Chapter 2: Regulatory environment

36 Regulatory functions 36 The ACMA’s response to emerging issues and regulatory pressures

37 Better targeted regulation

37 Sunsetting

38 Ownership and control 38 Register of Controlled Media Groups 38 Compliance with ownership and control provisions

39 Local content 39 Regional television 42 Regional radio

43 Digital broadcasting 43 Digital television 44 Digital radio

45 Spectrum management 45 Expiring spectrum licences 46 Conversion of the 2.5GHz mid-band gap 46 Relocation of ENG services 46 Early access to the 700 MHz band 47 Wireless microphones and the digital dividend

ACMA Annual report 2013-14 | 5

48 Five-year spectrum outlook 48 Mobile phone jammer trial at Lithgow Correctional Centre 48 Low-power open narrowcasting (LPON) services review 49 Deployment of body scanner devices at Australia’s international airports 49 Trial of advanced power limit for advanced amateurs 49 1800 MHz band 49 European Space Agency Earth station coordination arrangements 49 Satellite coordination 50 Mobile broadband activities

50 Allocation and licensing 50 Radiocommunications licensing 56 Broadcasting licence area plans and variations 57 Broadcasting licensing 57 Telecommunications licensing

58 Telecommunications numbering 58 Numbering reform activities 58 New arrangements for mobile calls to 1800 and 13/1300 numbers 58 Numbering Advisory Committee 59 Number allocations register 59 Numbering transactions 61 Portability 61 Pre-selection

61 Revenue and fees 61 Stakeholder engagement 63 Annual carrier licence charges 63 Do Not Call Register access fees 63 Numbering charges 64 Number auctions 64 Apparatus licence taxes 64 Spectrum licence tax 64 Broadcasting licence fees and datacasting charge

65 Technical regulation and related matters 66 Regulatory arrangements—technical standards and labelling notices 67 Telecommunications standards 67 Radiocommunications standards 67 Electromagnetic compatibility standards 68 Electromagnetic energy standards 68 Broadcasting technical standards—digital television 68 Cabling regulation 69 Quality-of-service issues for standard telephone services 70 Advice to the minister on NBN level playing field exemption requests 70 Telecommunications infrastructure regulation 71 Submarine cable protection

71 Compliance and enforcement 72 Radiocommunications compliance 78 Cabling and labelling compliance 78 Telecommunications consumer compliance 79 The TCP Code 83 Mobile premium services

6 | Contents

83 Unsolicited communications compliance 88 Broadcasting compliance—complaints and investigations 96 Online content complaints 99 Interactive gambling

100 National interest issues 100 Identity-checking requirements for prepaid mobile phone services 100 Interception exemption for trial services 100 Disclosure of customer information to law enforcement and

national security agencies 100 Disclosure of Integrated Public Number Database data for telephone-based emergency warning systems 101 Emergency call service 102 Integrated Public Number Database 103 Cybersecurity

105 International matters 105 International spectrum activities 106 Other international activities

108 Chapter 3: Content regulation and consumer information

110 The ACMA’s role 110 Australian content in advertising 110 Australian content 110 Australian music code 111 Children’s television 113 Declaration of primary services 113 High definition broadcasting 113 Subscription television drama expenditure 114 Captioning

116 Consumer safeguards 116 International mobile roaming standard 116 Telecommunications Industry Ombudsman scheme 117 Universal service obligation 117 Payphone performance 117 Customer Service Guarantee 118 Network Reliability Framework 119 Priority assistance 119 Informed consent arrangements for NBN battery back-up services 119 Transition of legacy over-the-top services to the NBN 119 NBN-related web materials 119 Local presence plan 119 Reconnecting the Customer Mobile Network Performance Forum 120 Consumer Consultative Forum (CCF) 120 Do Not Call Register 121 Protection of consumer information 121 Review of 190 phone service rules

121 Community awareness 121 Cybersafety—the Cybersmart program 124 Digital citizens guide

ACMA Annual report 2013-14 | 7

126 Research and reporting 126 Market developments 127 Media content and culture 127 Social and economic participation 128 Citizen and consumer safeguards 128 Regulatory best practice and development

130 Chapter 4: Managing and developing our resources

131 Governance 131 Corporate planning 132 Risk management 132 Audit 132 Security

133 Our people 133 Performance payments 133 Workplace Diversity Program 134 Changes to disability reporting in annual reports 134 The ACMA Agency Multicultural Plan (AMP) 134 Ethical standards 134 Health and safety 135 Consultation and workplace relations 136 Workforce planning 136 People and capability development 137 Outcomes of the examination of ACMA professional streams 137 Performance management 137 Creating Knowledge program 137 Client Service Charter

138 Information management 138 Transformation agenda 138 Highlights

141 Communications and engagement 141 Social media 142 Email outreach 142 Media engagement 142 Award nominations

142 Financial management 143 Procurement and contract management 143 Grant programs 143 Asset management

143 Property management 143 Ecological sustainable development and environmental performance

8 | Contents

144 Appendixes

145 Appendix 1: ACMA offices 146 Appendix 2: ACMA committees, memberships and attendance at meetings 150 Appendix 3: Staffing information 157 Appendix 4: Licensing and licence allocations 183 Appendix 5: Programs and content 186 Appendix 6: Broadcasting investigations outcomes 2013-14 203 Appendix 7: Freedom of information—Information Publication Scheme 204 Appendix 8: Legislation 206 Appendix 9: Directions and legislative instruments 210 Appendix 10: Disclosures of information 211 Appendix 11: Judicial and administrative decisions 214 Appendix 12: Consultancies, advertising expenditure and competitive tendering 216 Appendix 13: Outcome table 217 Appendix 14: Agency resource statement 219 Appendix 15: Performance against PBS KPIs and deliverables 221 Appendix 16: Regulatory impact analysis compliance report 222 Appendix 17: Compliance index 225 Appendix 18: Financial statements

295 Glossary

300 Index

ACMA Annual report 2013-14 | 9

Chairman’s foreword

The Australian Communications and Media Authority, created as a ‘converged’ regulator, continued to engage energetically during 2013-14 with the challenge of constant pressures for change, bridging the ‘legacy worlds’ of telecommunications, broadcasting, radiocommunications and the internet to emerging technologies and social trends.

The ACMA’s practical thought-leadership work in the ‘first principles’ Contemporary community safeguards inquiry review of the framework of broadcasting codes regulation was brought to a successful resting point with publication in March 2014 of our consolidated report. This outlined the directions emerging from the inquiry, associated consultation and our very useful research findings.

Recent high-profile outcomes demonstrate the rigour of our work in broadcasting investigations, which are frequently matters of considerable public interest. In June 2014, the Federal Court of Australia dismissed three separate applications for judicial review of adverse investigation findings. These matters covered compliance with requirements in the Commercial Television Industry Code of Practice 2010 to present factual material accurately and represent viewpoints fairly.

There was generally supportive stakeholder reception for another broadcasting investigation decision, finalised after careful consideration, on an ABC television broadcast of The Hamster Decides. The ACMA found this broadcast breached the ABC Code of Practice 2011 requirement that content that is likely to cause harm or offence must be justified by its editorial context.

The year also saw the launch of the researchacma brand program with the tagline ‘evidence that informs’, a neat and useful summary of our intent. This ACMA sub-brand is designed to communicate the conceptual framework and context of our research program, as well as to make accessible its output, which examines a broad cross-section of topical issues representing a suite of research products for different audiences.

A key researchacma output was The economic impacts of mobile broadband on the Australian economy, from 2006 to 2013. Among many other fascinating facts, the report demonstrated that every Australian now effectively has, on average, $652 more cash in their pocket each year additional to what they would have if mobile broadband spectrum was not being released and utilised. The release of this work was a particular highlight of another in the highly successful series of RadComms conferences.

ACMA Annual report 2013-14 | 11

The ACMA has undertaken a strategic approach in supporting the growth of mobile broadband demand to meet the associated spectrum requirements. We are actively engaged with the Department of Communications’ review of Australia’s spectrum policy and management framework, which we see as a once-in-a-generation opportunity to give Australia the necessary toolkit to continue our leadership in spectrum management.

Internationally, the ACMA continues to be an active contributor on spectrum management issues at forums such as the International Telecommunication Union (ITU) and Asia- Pacific Telecommunity (APT). The ACMA hosted the successful third meeting of the APT Preparatory Group meeting (better known as APG15-3) for the 2015 World Radiocommunication Conference (WRC), as part of coordinating the Australian contribution to the WRC in November 2015.

The ACMA also made a very substantial contribution to the Communications portfolio deregulation agenda, marked particularly by the first Repeal Day on 26 March—for example, revoking 46 spent instruments and removing nearly 1,000 pages of redundant regulation. In other initiatives, we revoked the Premium Services Determination, determined more cost-effective and efficient identity-checking arrangements for prepaid mobile carriage services, and lessened industry burdens for consumer safeguards regulatory reporting by removing and reducing quarterly reporting for the Customer Service Guarantee and payphones.

During the reporting period, the ACMA continued to actively assist the transition to the NBN, working with all sectors of the communications industry to enable consumers to confidently move to the new broadband environment. We have facilitated access to critical spectrum, worked with industry and consumer groups to update existing regulatory arrangements for customer equipment and quality of service, and developed a web portal with relevant information about consumer safeguards and industry obligations and processes.

Working within the current framework of traditional voice telephony, the ACMA announced a new approach to mobile phone call charges to 1800 and 13/1300 numbers. Developed in close consultation with industry, the new arrangements take account of market changes in recent years and are intended to deliver a range of consumer benefits— in particular, low- or zero-cost calls. I find it particularly satisfying to note that these clear consumer wins have been achieved without direct regulatory intervention. It was a culmination of our facilitative approach to this particular issue that we were able to congratulate industry for not only coming on board with updating the arrangements, but also for adopting a leadership role that aligns with the importance of mobile phone services to so many people.

As an agile and flexible regulator, the ACMA acts as a ‘bridge’ between what we have described as the ‘broken concepts’ of the non-converged legislation and the emerging connections (exemplified by the rise of ‘over-the-top’ services and social media) of the rapidly evolving networked society, which are challenging both the regulatory system and the market.

This theme of facilitation is very important to me and to the regulatory practice of the ACMA, which is illustrated in our corporate strapline—to ‘communicate, facilitate (and then if all else fails) regulate’. We adopted this strapline as part of an early acceptance of the necessity to transform the ACMA and shift from the traditional regulatory stance in the face of a world of constant change. Indeed, I feel that in our current environment, here in Australia, regionally and probably globally, our commitment to facilitate endures as perhaps the most powerful element in that summary statement.

12 | Chairman’s foreword

The breadth of our portfolio, the depth of our work and the quality of the results of our endeavours never cease to amaze me—our cybersafety work keeps delivering, the anti-spam and Do Not Call Register teams keep faith with enormous numbers of Australians, and our internet complaints section copes with higher and higher numbers of reports of online child exploitation material through great teamwork and innovative ICT deployment. Our corporate service functions provide an essential, if usually invisible, support and backdrop to all our activities. For example, the agency has accomplished two major office relocations this year and has scarcely skipped a beat, thanks in large part to their skills and expertise.

I proudly present this report of the ACMA’s work over the financial year just concluded.

Chris Chapman Chairman

ACMA Annual report 2013-14 | 13

Highlights

Spectrum management— beyond the digital dividend In an environment of increasing demand, managing access to scarce radiofrequency spectrum continues to create challenges. This demand stems from a variety of existing users and uses, and the continual evolution of wireless and other technologies. A key part of the ACMA’s task is to balance these competing needs.

With spectrum an economic enabler, the ACMA’s work program seeks to facilitate the adoption of new technologies and services so that both industry and consumers benefit. The radiocommunications regulatory framework must quickly respond to the changing spectrum environment and continue to meet stakeholder needs. The ACMA continues to advance the public interest by applying effective regulation to optimise the productive, allocative and dynamic efficiency of the spectrum. This involves a blended regulatory strategy of both market mechanisms and centrally planned decisions.

Following the completion of the digital dividend auction in May 2013, this reporting period saw the ACMA focus on preparing the 700 MHz and 2.5GHz bands for future spectrum-licensed use. This involved work on the following spectrum projects.

Early access to the 700 MHz band The ACMA worked to facilitate early access to the 700 MHz band for Telstra and Optus, the winning bidders of the digital dividend auction for that band. The main outcomes of this work were:

> finalising the coordination and apparatus licensing procedures to enable early access

> amending the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No.2) to specify tax for a 700 MHz PMTS Class B licence—this is the licence type that will be issued to any 700 MHz early access base station.

Clearing television broadcasting from the 700 MHz band Work continued to restack television broadcasting services to their final channels, in order to clear the 700 MHz digital dividend spectrum. While overall management of the implementation phase of the restack project rests with the Department of Communications, the ACMA continued to support the project by:

> providing advice to the department, broadcasters and the project implementation manager on frequency planning-related issues

> assessing and advising on the risk of coverage changes

> issuing new licences for the services that are changing channels

> liaising with self-help retransmission providers who must either restack or adjust their services as the input channels received from other sites changes.

ACMA Annual report 2013-14 | 15

Wireless microphones The ACMA continued its support of the transition of wireless microphones from the 700 MHz band. This included:

> creating a dedicated website, wirelessmicrophones.gov.au, as an information and resource hub for users and suppliers

> releasing a short video, featuring popular television presenter Shelley Craft, explaining the changes and what users need to do

> developing an online channel finder tool and publishing regional fact sheets that explain the changes and identify channels available for wireless microphoneuse.

These activities formed part of the ACMA’s stakeholder engagement plan to transition wireless audio transmitters out of the 694-820 MHz band from 1 January 2015, in accordance with revised legislative instruments. During 2013-14, the ACMA also approved changes that will give indoor users greater opportunities to use wireless microphones in the frequency range 520-694 MHz.

Relocation of electronic news-gathering services The ACMA continued work to support the relocation of electronic news-gathering (ENG) services from the 2.5GHz band to the 1980-2110 and 2170-2300 MHz bands, culminating in the establishment of inter-service coordination requirements in May 2014.

Conversion of the 2.5 GHz mid-band gap In December 2013, the ACMA offered broadcasters the opportunity to convert existing ENG apparatus licences in the 2.5 GHz mid-band gap to spectrum licences. These will come into effect on 1October 2014.

As a key consumer awareness tool in the transition of wireless microphones from the 700MHz band, the ACMA’s How to get ready for 1 January 2015 video has had over 12,000 views.

16 | Highlights

Online content investigations and partnerships In 2013-14, the ACMA concluded a number of revised memorandums of understanding (MoUs) with Australian police forces in New South Wales, Tasmania, South Australia and Western Australia. A new MoU between the ACMA and the Northern Territory Police is the first time such an arrangement has been concluded between the two agencies.

The agreements allow the ACMA to notify sufficiently serious content to state and territory police forces where there is evidence that the content is being provided or accessed from, or has been produced in, the relevant jurisdiction.

Sufficiently serious content includes child sexual abuse material, content providing instruction in crime or violence and material advocating the doing of a terrorist act.

The MoUs promote greater efficiency in identifying and removing websites containing illegal child exploitation images and mean law enforcement agencies receive rapid reports where Australian children may be in danger or Australian offenders are involved. The agreements allow the ACMA to be at its most effective as a frontline agency dealing with reports from the Australian public about child sexual abuse material and other illegal online content.

In the reporting period, complaints about online child sexual abuse material and the number of items of this material investigated both rose significantly. The number of complaints increased by 29 per cent on 2012-13 and the number of items investigated rose to 7,663—a 551 per cent increase on 2012-13. The increase in complaints suggests greater citizen awareness of the ACMA Hotline as a reporting mechanism. The introduction of new software and processes facilitated the investigation of a much greater number of items of child sexual abuse material.

An infographic highlighted the work of the ACMA Hotline in combating online child sexual abuse material in 2013-14.

ACMA Annual report 2013-14 | 17

Litigation During the reporting year, the ACMA was involved in a number of significant court cases. These were important in themselves, but also in giving the ACMA and the industry useful guidance on a number of matters. In the area of broadcasting, this included the:

> application of the commercial television broadcasting licence condition that prohibits the broadcast of tobacco advertisements

> operation of the commercial radio broadcasting licence condition relating to the use of a broadcasting service in the commission of an offence.

They also confirmed that the ‘ordinary reasonable viewer (or listener)’ approach, used by the ACMA to identify the meaning of material that has been broadcast, is appropriate.

In the telecommunications area, the Court’s finding that TPG Internet Pty Ltd failed to comply with its obligation to provide access to the Triple Zero emergency call service provided an important reminder to all telecommunications providers of the importance of the obligations to give Triple Zero access.

Summaries of the main decisions are in Appendix11.

Contemporary community safeguards inquiry In March 2014, the ACMA’s Contemporary community safeguards inquiry concluded with the publication of a consolidated report. The ACMA established the inquiry to explore the matters that should be addressed in contemporary broadcasting industry codes of practice. A key aim was to ensure that codes of practice are fit-for-purpose in a converging and rapidly transforming media environment.

The report captured contributions garnered from a very broad stakeholder group during the inquiry. Input was received via social media engagement and included the Citizen conversations series as well as a more formal submission process and commissioned attitudinal and economic research.

The inquiry was a unique opportunity for a range of contemporary sensibilities and priorities to be articulated. The Citizen conversations in particular proved an effective forum for robust debate, bringing together many voices on how to regulate convergent content. The inquiry outcomes will be invaluable in informing contemporary code reviews and, significantly, will constructively contribute to the ongoing policy debate and discussion about content regulation.

18 | Highlights

Broadcasting investigations During the reporting period, the ACMA completed 180 investigations into licensees’ compliance with codes of practice, licence conditions and standards related to the Broadcasting Services Act 1992 (BSA). Two investigations in particular attracted a significant amount of public attention and comment.

‘All-Asian Mall’ The ACMA found breaches of three clauses of the Commercial Television Industry Code of Practice in the ‘All-Asian Mall’ story on TCN Channel Nine’s A Current Affair. The story was about changes at a suburban Sydney shopping centre. The ACMA considered that the broadcast contained inaccurate factual material, placed gratuitous emphasis on ethnic origin, and was likely to provide intense dislike and serious contempt on the grounds of ethnic origin.

The ACMA does not have the power to direct licensees to make on-air statements acknowledging ACMA findings. However, it recommended to TCN that it make such a statement and also remove the segment from Channel Nine’s website. In a move welcomed by the ACMA, TCN agreed to both actions.

The Hamster Decides The ACMA found that an ABC television broadcast of The Hamster Decides, which contained a manipulated image of journalist Mr Chris Kenny, breached standard7.1 of the ABC Code of Practice 2011. Standard 7.1 requires that content that is likely to cause harm or offence must be justified by its editorial context.

The ACMA found that the 11 September 2013 broadcast breached the standard because it was intrinsically likely to have caused a high level of offence; and, despite the comedic and satirical nature of the skit and other considerations, its broadcast was nonetheless not justified by the editorial context. As a result of the decision, the ACMA has suggested that the ABC Board consider whether its code is operating effectively and as intended in the context of dealing with content causing harm and offence.

ACMA Annual report 2013-14 | 19

Extending cybersafety into Indigenous communities Building on the successes of the ACMA’s cybersafety program, in April 2014 Cybersmart launched Be Deadly Online, Australia’s first online cybersafety resources targeted at Indigenous Australians. The program comprises a series of short animations, posters and a behind-the-scenes ‘making of’ video, all hosted on a specially created portal within the Cybersmart website.

Tackling cyberbullying, sexting and digital reputation management, these unique and culturally appropriate resources were designed in close consultation with Indigenous communities throughout Australia. At its heart, Be Deadly Online had the goal of being developed by community, for community, and to be flexible enough to allow the integration of community cultural protocols.

Real-life stories and community experiences shaped and refined Be Deadly Online, resulting in a program that empowers communities to discuss technology, address some of the problems they’re facing and, just as importantly, see how technology can be a positive contributor to the preservation of community and culture.

Feedback from community leaders has been very positive, with initial results reinforcing Cybersmart’s evidence-based approach to cybersafety education. The ACMA also received international recognition for the Be Deadly Online program, winning a Gold Medal in the General Education category at the prestigious World Media Festival in Germany.

The Be Deadly Online resource suite includes a series of animations on topical online issues.

20 | Highlights

Telecommunications consumer compliance In 2013-14, the ACMA continued to focus its telecommunications compliance activities on areas that matter most to consumers, such as billing, complaints-handling, customer transfers and usage alerts.

During the reporting period, the ACMA issued seven directions to comply with the Telecommunications Consumer Protections Code 2012 (TCP Code) and 106 formal warnings. Significantly, the ACMA issued its first infringement notice for a breach of the TCP Code—to Telstra for failing to comply with a direction that required it to keep customers’ personal information protected.

A usage alert review conducted during the reporting period resulted in a formal warning to Dodo for failing to send alerts to some customers about their data use during October and November 2013. The ACMA also issued a formal warning to Live Connected after completing an investigation into its direct debit practices. The investigation found Live Connected had failed to give customers at least 10 working days to check their bill before making a direct debit and also took credit management action on disputed amounts that were the subject of unresolved complaints.

The ACMA’s continued focus on improving industry compliance with the TCP Code was rewarded with a continued reduction in complaints to the Telecommunications Industry Ombudsman (TIO). Data released by the TIO for the nine months to March 2014 indicates that overall there was a 9.2 per cent drop in complaints compared to the same period in the previous year. The ACMA welcomes the continued reduction in TIO complaints.

New identity-checking arrangements for prepaid mobile phone services In October 2013, new rules were introduced to streamline the identity-checking requirements for prepaid mobile services.

The Telecommunications (Service Provider—Identity Checks for Prepaid Mobile Carriage Services) Determination 2013 allows mobile providers to verify a person’s identity information through a range of new methods, including confirming an existing post-paid account and using government online verification services.

Industry is moving to take advantage of the new methods, which should result in more accurate and timely information for law enforcement agencies, and improved privacy and added convenience for consumers.

ACMA Annual report 2013-14 | 21

Research into the economic benefits of mobile broadband During the reporting period, the ACMA released a groundbreaking study on the significant effect of spectrum planning and allocation decisions on the Australian economy. The economic impacts of mobile broadband on the Australian economy, from 2006 to 2013 found that:

> mobile broadband led to an increase in Australia’s economic activity in 2013 of $33.8 billion

> the mobile communications sector has achieved a substantial productivity growth of 11.3 per cent every year from 2006 to 2013, despite this sector only accounting for a small component of the Australian economy (0.2 per cent of employment and 0.5 per cent of economic activity).

The study was undertaken to understand the economic impacts of the ACMA’s spectrum planning and allocations activities. The report will contribute to the development of a broader mobile broadband strategy to identify and prioritise spectrum planning and allocation activities that the ACMA will undertake for mobile data services.

This report also forms part of the ACMA’s future spectrum research framework and associated research program. The spectrum research program informs the ACMA of conditions in contemporary communications and media, and reflects up-to-date information on key consumer, market and technology trends that affect industry’s requirement for spectrum.

Aussies are mobile-data hungry. We’re consuming more and more data via mobile networks and adding billions to the economy along the way. We connect to mobile networks using dongles, tablets, data cards and smartphones—and future use is set to explode.

Mobile broadband—the dollars & the data

* One petabyte (PB) = 1,000,000 gigabytes or 1,000,000,000,000,000 bytes. Source: ACMA, The economic impacts of mobile broadband on the Australian economy, from 2006 to 2013. Percentage figures may vary due to rounding. acma.gov.au

It’s all about growth Boosting the economy

38%

Mobile data use predicted to grow a year

from 22.2 PB* a month in 2013

81.1 PB

to

in 2017

UP BY

265%

4G devices 3GB 1.7 GB

of data

to use an average of

up from in 2013

a month by 2017

AN

INCREASE OF 78%

Business mobile broadband use to grow to

up from 6.1PB in 2013

a month by 2017

20PB

A

INCREASE 231%

INCREASE

A

260%

76%a year (2013-17) TOTAL INCREASE 866%

4G data traffic to grow

In 2013, mobile broadband has added

Private/household mobile data traffic to grow to

57PB a month by 2017

up from 16 PB in 2013

$26.5billion of economic activity in Australia, with due to time savings for business

(78%)

billion $33.8 (that’s 2.28% of our GDP)

A quarter of businesses surveyed said adopting mobile broadband reduced costs

Growth in mobile broadband productivity, use and demand has increased competition and affordability:

Average cost of a mobile telecommunications connection fell by 21%

In 2013, purchasing power increased by an estimated $652 per person

Australia’s mobile communications sector employs

21,000 people $7.3 billion to the economy

and adds Sector productivity grew 11.3 %

a year (2006-13)

An ACMA infographic outlined the growing impact of mobile broadband on the Australian economy.

22 | Highlights

Better targeted regulation As part of its ongoing commitment to regulate better and reduce the burden on industry, the ACMA delivered a significant package of deregulatory initiatives in conjunction with the government’s Repeal Day 1 on 26 March 2014. This included reducing unnecessary rules and removing nearly 1,000 pages of redundant regulation.

Other reforms proposed additional regulatory flexibility by giving the ACMA discretion whether to investigate complaints about broadcast content, interactive gambling and online content; and whether to require audited accounts from broadcasting licensees, for the purposes of determining a licensee’s broadcasting licence fee.

New live odds codes registered In July 2013, the ACMA registered five new broadcasting industry codes of practice to limit gambling advertising and the promotion of betting ads during live sports broadcasts. The codes were developed by the commercial television and radio and subscription television and radio sectors to acknowledge and respect community concerns about a perceived increase in the number of gambling promotions in sports broadcasts.

The ACMA was satisfied that the codes provided appropriate community safeguards as they dealt with key community concerns such as the appearance of gambling representatives on commentary teams and on-field. Since registration of the codes, the ACMA has received significantly fewer citizen complaints about the broadcast of live odds during sports broadcasts.

ACMA Annual report 2013-14 | 23

Local television content in regional areas Following a ministerial direction, the ACMA reviewed the operation and effectiveness of the current regulatory arrangements for the provision of local content in certain regional commercial television areas. The Regional Commercial Television Local Content Investigation 2013, which was completed in December 2013, found that regional Australians value local content and are largely satisfied with the current levels of local content available to them.

Overall, 91 per cent of regional Australians surveyed in mid-2013 said access to local content was important or very important to them. The same proportion also said they had access to all of the local content they would like.

The investigation report, which was sent to the Minister for Communications in January 2014, drew heavily on the content of research analysis; in particular, the survey of regional Australians, audience ratings data, a series of local content case studies and a peer-reviewed economic analysis. These sources provided insights into the prevailing attitude to, and value placed on, local content in regional Australia, as well as the economic circumstances of regional broadcasters. With the report being published by both the ACMA and the Department of Communications (DoC), this research serves as a benchmark of local content, its provision and its value.

Customer Service Centre The ACMA has implemented a significant new strategy for dealing with its customers by launching a new Customer Service Centre, operating initially within the Communications Infrastructure Division. Opening in March 2014, the centre is a new way of communicating for the ACMA—offering a single phone number and email provides a seamless point of contact for customers seeking advice, information or services on a range of areas. These include applying for a licence, reporting interference to radiocommunications services and television or radio reception, buying a smartnumber or enquiring about cabling.

Creating a considerable repository of the ACMA’s products and services means customers receive an even higher quality of service. In the next reporting period, the ACMA will expand the scope of the centre across the organisation, creating a single point of contact for customers seeking any product or service.

24 | Highlights

ACMA Annual report 2013-14 | 25

Chapter 1 About the ACMA

Chapter 1 details the functions, structure and corporate governance that enable the ACMA to perform its role, administer regulations and legislation, and deliver its services.

The ACMA’s regulatory functions and responsibilities are set out in Part 2, Division 2 of the Australian Communications and Media Authority Act 2005 (the ACMA Act). During the reporting period, the ACMA was a statutory authority initially within the federal government portfolio of Broadband, Communications and the Digital Economy and, following the federal election on 7September 2013, within the Communications portfolio.

Functions and responsibilities

The ACMA is responsible for the regulation of broadcasting, the internet, radiocommunications and telecommunications.

In accordance with the relevant legislation, the ACMA’s specific responsibilities include:

> regulating telecommunications and broadcasting services, internet content and datacasting services

> managing access to radiofrequency spectrum bands through radiocommunications licence arrangements, and resolving competing demands for that spectrum through price-based allocation methods

> planning the availability of segments of radiofrequency spectrum bands used by broadcasting services, and managing access to that spectrum through broadcasting licence arrangements

> regulating compliance with the relevant legislation, licence conditions, codes of practice, standards, service guarantees and other safeguards

> promoting and facilitating industry self-regulatory and co-regulatory solutions to emerging issues

> where necessary, exercising powers to create legislative and other instruments, often in the form of standards or service provider rules

> facilitating the provision of community information to promote informed decisions about communications products and services

> reporting on matters relating to the communications industry, including its performance

> representing Australia’s communications interests internationally

> advising the government on specific matters from time to time.

ACMA Annual report 2013-14 | 27

Structure

The Authority At 30 June 2014, the Authority comprised the Chairman, the Deputy Chair, one full-time Member, four part-time Members and one Associate Member (see Table 1).

About the Authority

Chairman and Chief Executive Officer—Chris Chapman Appointed 27 February 2006 for five years Reappointed 14 October 2010 for five years Reappointed 28 March 2013 until 26 February 2016

Chris Chapman commenced as the inaugural Chairman and CEO of the ACMA in February 2006. He was also appointed an Associate Member of the Australian Competition and Consumer Commission (ACCC) in September 2007.

Mr Chapman has had an extensive career including leadership roles in the media; broadcasting and film; internet, telecommunications and internet business; and the sports and infrastructure sectors. Before joining the ACMA, Mr Chapman held a number of senior management positions with Babcock & Brown, Optus, Stadium Australia Management and the Seven Network. Mr Chapman has also been the Chairman of Film Australia and SportsVision Australia, and a previous member of the National Film and Sound Archive’s Advisory Council.

Mr Chapman has a Bachelor of Laws and a Bachelor of Commerce from the University of New South Wales, and has completed the Harvard Business School Advanced Management Program (AMP).

Deputy Chair—Richard Bean Appointed 14 October 2010 for five years

Richard Bean has worked in a variety of senior roles in Australia’s media and communications industries. Before joining the ACMA, he oversaw the legal and regulatory affairs and human resources functions at Unwired, the wireless broadband infrastructure owner and ISP.

He had previously held positions responsible for the legal and business affairs side of Network Ten’s programming activities, and practised as a commercial, media and litigation lawyer at national commercial law firm Blake Dawson. Prior to that, Mr Bean worked in program administration and policy development in a number of Australian Government organisations.

Mr Bean holds an honours degree in Literature and Philosophy from the University of Sydney, and a law degree from the University of New South Wales.

28 | Chapter 1 About the ACMA

Full-time Member—Chris Cheah Appointed 1 July 2005 for four years Reappointed 1 July 2009 for five years Reappointed 1 July 2014 for one year until 30 June 2015

Chris Cheah was previously head of the Telecommunications Division of the then Department of Communications, Information Technology and the Arts (now DoC), advising the government on telecommunications issues. He has also managed accessibility funding programs and held positions with Austel and Telstra.

Part-time Member—Emeritus Professor Reg Coutts Appointed 14 October 2010 for five years Resigned with effect from 20 May 2014

Reg Coutts has over 30 years experience in the Australian telecommunications industry, including 18 years at Telstra, moving through the research laboratories to become the director of strategy in the early mobile communications business.

Professor Coutts moved to academia in 1993 as the inaugural Professor of Telecommunications at the University of Adelaide, where his multidisciplinary team worked with industry both in Australia and overseas during the first wave of spectrum management reform. Currently, Mr Coutts consults to business and government, and chairs a new technology venture company.

Professor Coutts was educated as an engineer and is a graduate of the Australian Institute of Company Directors (AICD). He is actively involved in developing the ICT profession and is a Director of the Telecommunications Board of the Australian Computer Society (formerly known as the Telecommunications Society of Australia).

Part-time Member—Louise Benjamin Appointed 14 October 2010 for five years

Louise Benjamin has extensive experience in media and telecommunications, from both a regulatory and executive perspective. Prior to joining the ACMA, Miss Benjamin held senior strategy positions with News Ltd and Foxtel. She was a competition law partner at Allens Arthur Robinson from 1995 to 2004 and the national Chair of the Law Council of Australia’s Trade Practices Committee, which plays a significant role in competition law policy. She has also served as Deputy Chair of the Australian Publishers’ Bureau.

Miss Benjamin holds a Bachelor of Arts, Bachelor of Laws and Master of Laws from the University of Sydney.

ACMA Annual report 2013-14 | 29

Part-time Member—Anita Jacoby Appointed 5 August 2013 for five years

Anita Jacoby is one of Australia’s most experienced media professionals. In a career spanning 30 years, she’s worked as a journalist and editor in print and publishing, and produced TV programs for every major network. For 10 years, Anita was an executive with Zapruder’s other films, an independent TV production company creating original content including Gruen Planet and Enough Rope.

Anita is currently Managing Director of ITV Studios. She is also a director of Headspace and the Arts Law Centre of Australia.

Part-time Member—James Cameron Appointed 5 August 2013 for five years

James Cameron has over 20 years Australian Government public policy experience, including senior executive roles in the telecommunications, radiocommunications, broadcasting and digital economy fields. James has held executive positions managing government policies and programs supporting Australia’s arts and sports sectors and, immediately prior to joining the ACMA, was Chief Executive Officer of the National Water Commission.

James has also represented government agencies in parliament, in the media, at conferences and internationally.

Part-time Member—Rosemary Sinclair Appointed 5 August 2013 for five years

Rosemary Sinclair is CEO of Immediate Solutions, a boutique consultancy practice focused on strategy development, technology impacts, stakeholder engagement, governance and government relations. She is a Member of the Telecommunications Universal Service Management Agency and recent past Chair of the Regional Telecommunications Inquiry Review Committee.

Immediately prior to her ACMA role, Rosemary was Director, External Relations, at the Australian School of Business, University of New South Wales.

Associate Member—Rod Sims Appointed 1 August 2011 for five years

Rod Sims was appointed Chairman of the Australian Competition and Consumer Commission (ACCC) in August 2011 for a five-year term.

Mr Sims has extensive business and public sector experience as Chairman of the Independent Pricing and Regulatory Tribunal of New South Wales, Chairman of InfraCo Asia, Commissioner on the National Competition Council, Director of Ingeus Limited, and member of the Research and Policy Council of the Committee for Economic Development of Australia. Mr Sims was also a Director of Port Jackson’s Partners Limited where he advised the CEOs and boards of some of Australia’s top 50 companies on commercial corporate strategy over many years.

30 | Chapter 1 About the ACMA

Table 1: The Authority membership, 30 June 2014

Role Name Appointment date

Chairman and Chief Executive Officer Chris Chapman 27 February 2006 for five years Reappointed 14 October 2010 for five years

Reappointed 28 March 2013 until 26 February 2016

Deputy Chair Richard Bean 14 October 2010 for five years

Full-time Member Chris Cheah 1 July 2005 for four years

Reappointed 1 July 2009 for five years Reappointed 1 July 2014 for one year to 30 June 2015

Part-time Member Reg Coutts 14 October 2010 for five years

Resigned with effect from 20 May 2014

Part-time Member Louise Benjamin 14 October 2010 for five years

Part-time Member Anita Jacoby 5 August 2013 for five years

Part-time Member James Cameron 5 August 2013 for five years

Part-time Member Rosemary Sinclair 5 August 2013 for five years

Associate Member Rod Sims 1 August 2011 for five years

Corporate structure The ACMA’s day-to-day activities are managed by an executive team comprising the Chairman, the Deputy Chair, the full-time Member, five general managers and 13 executive managers.

The ACMA’s corporate structure at 30 June 2014 is set out in Figure 1.

At 30 June 2014, the ACMA employed 517 staff under the Public Service Act 1999, most of whom are located in the ACMA’s offices in Canberra, Melbourne and Sydney. The ACMA also has field offices in Brisbane, Hobart and Parramatta.

The ACMA will continue to provide service within acceptable time frames to all areas of Australia by utilising field staff from the ACMA’s Melbourne, Sydney, Canberra, Brisbane and Hobart offices. Contact details for offices are provided in Appendix 1. Detailed information about the ACMA’s staff is provided in Appendix3.

ACMA Annual report 2013-14 | 31

Figure 1: Corporate structure of the ACMA as at 30 June 2014

Chairman & Chief Executive Officer Chris Chapman

Deputy Chair Richard Bean

Full-time Member Chris Cheah

Office of the Chair

Digital Economy Giles Tanner

Corporate Services & Coordination Maureen Cahill

Legal Services Brendan Byrne

Spectrum Planning & Engineering Chris Hose

Radiocommunications Policy David Brumfield

Operations & Services Mark Loney Convergent Regulation Bridget Smith (Acting)

Finance & Facilities Anne Fleischer Information Services Carsten Larsen

People & Performance Louise Harkness media.comms Donald Robertson

Citizen & Community Jonquil Ritter

Regulatory Futures Linda Caruso

Unsolicited Communications Vince Humphries

NBN & Industry Monitoring Paul White

General Manager

Executive Manager

Team Leader

Management level

Content & Consumer Kathleen Silleri

Communications Infrastructure Allan Major (Acting)

Content Consumer & Citizen Jennifer McNeill

Security, Safety & e-Education Andree Wright

32 | Chapter 1 About the ACMA

Revenue collection

The ACMA collects revenue on behalf of the Australian Government through broadcasting, radiocommunications and telecommunications taxes, charges and licence fees. It also administers non-regular revenue from spectrum auctions.

In 2013-14, the ACMA administered $656.983million of revenue (2012-13: $2,022.046 million) and nil expenses (2012-13: $145.512 million) due to the Telecommunications Universal Service Management Agency (TUSMA) taking over the expenses for the telecommunications industry levy (TIL) (see Figure2).

See also Revenue and fees on page 61 and Financial management on page 142.

Figure 2: Revenues and expenses administered on behalf of government

500

1,000

1,500

2,000

2,500

2013-14 2012-13 2011-12

Millions

Administered revenue

Administered expenses

ACMA Annual report 2013-14 | 33

Chapter 2 Regulatory environment

Chapter 2 reflects the ACMA’s key result areas related to:

> Outcome 1: A communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice

> Program 1.1: Communications regulation, planning and licensing.

The ACMA’s responses to the performance information listed below for Program 1.1 can be found throughout the chapter.

Program 1.1: Communications regulation, planning and licensing

Program 1.1 Key performance indicators

> An effective regulatory environment that supports a dynamic communications sector and enables industry to meet the communications needs of the community.

> Efficient planning, allocation and use of national resources such as radiofrequency spectrum, communications numbering and infrastructure.

> Industry contributes to, and complies with, the regulatory framework without being subject to undue financial or administrative burden.

> Levels of industry compliance with the regulatory framework as assessed by breaches and recurrent breaches of legislation, codes, standards and licence conditions.

> The cost of the ACMA’s regulatory activities is minimised to the extent possible.

Program 1.1 Deliverables

> Government revenue targets met in the collection of annual numbering charges.

> Price-based allocations of spectrum completed within statutory timeframes.

> Annual identification and publication of primary issues facing key radiocommunications services and methods the ACMA proposes to use to manage these issues.

> Greater marketplace contestability in frequency assignments.

> Increased proportion of spectrum licensed through class and spectrum licensing.

> Licensing and numbering transaction applications dealt with within applicable timeframes.

> Online content, Do Not Call Register, spam, broadcasting and telecommunications consumer codes complaints dealt with within applicable timeframes.

> Applications for an opinion on control or temporary approval of a breach of the Broadcasting Services Act 1992 dealt with within applicable timeframes.

> Manage the realisation of the digital dividend as the transition from analog to digital television takes place.

ACMA Annual report 2013-14 | 35

Regulatory functions

As the regulator for broadcasting, the internet, radiocommunications and telecommunications, the ACMA’s responsibilities include:

> promoting self- and co-regulation and competition in the communications industry while protecting consumers and other users

> fostering an environment in which electronic media respect community standards and respond to audience and user needs

> managing access to the radiofrequency spectrum

> representing Australia’s communications interests internationally.

The ACMA’s regulatory functions are set out in Part 2, Division 2 of the ACMA Act.

The ACMA’s response to emerging issues and regulatory pressures Under the ACMA Act, one of the ACMA’s functions is to inform itself and advise the Minister for Communications about technological advances and service trends in the broadcasting, internet and datacasting industries.

Another of its functions is to report to and advise the minister about the telecommunications industry and matters affecting consumers of carriage services. The ACMA also monitors and reports to the minister on the operation of a number of Acts he administers, as specified in sections 8, 9 and 10 of the ACMA Act. The ACMA continues to monitor and research the rapidly changing communications and media environment to support these functions.

As the networked society and information economy continues to evolve, the ACMA straddles two dimensions:

> administering existing legislative and regulatory arrangements—facilitating industry co- and self-regulatory solutions and using direct regulation where required

> working with industry and consumers to develop solutions to emerging issues so that communications and media work for all Australians.

Contemporary community safeguardsinquiry In March 2014, the ACMA published its consolidated report for the Contemporary community safeguards inquiry (CCS inquiry). The report brings together the information garnered by the ACMA during the inquiry and provides a high-level overview of the directions emerging from that process. The inquiry’s consultation included:

> first-principles analysis of enduring concepts, which could or should be reflected in contemporary broadcasting codes

> submissions to the CCS inquiry issues paper, which examined the existing code requirements and the extent to which they align with the identified enduring concepts

> seven Citizen conversations forums on relevant topics

> economic research about the market for broadcasting content in Australia and the industry-identified costs of the code requirements

> community research exploring citizens’ experiences and expectations of broadcasting content

> review of the existing information in this area, including the work of complementary reviews and inquiries.

The information gathered during the inquiry suggests a high level of consensus about the key matters that could or should be addressed in contemporary and future codes. It also signals significant scope for fewer, simpler and more effective ways to provide safeguards for broadcasting content.

The evidence captured in the consolidated report is being used to inform the broader conversation about the future of broadcasting regulation in Australia. The report will also be used in upcoming code review processes.

36 | Chapter 2 Regulatory environment

Better targeted regulation

The ACMA has a legislative mandate and an ongoing commitment to regulate better and reduce unnecessary and unjustifiable regulatory imposts on industry. This has been given extra impetus in the last 12months as part of the whole-of-government deregulation agenda. A particular highlight was the portfolio contribution to the government’s Repeal Day1 on 26 March 2014. Many of these initiatives eliminated redundant regulation and provided additional regulatory flexibility. They included:

> An amendment proposing to remove the ACMA’s statutory duty to investigate certain broadcasting-related complaints, and give it discretion to investigate complaints about broadcast content, interactive gambling and online content.

> An amendment proposing to give the ACMA discretion whether to require audited accounts from broadcasting licensees when determining a licensee’s broadcasting licence fee.

Deregulation initiatives implemented by the ACMA included:

> revoking regulation of premium telephone services offered on 190 numbers in October 2013

> introducing more flexible identity-checking rules for prepaid mobiles in October 2013

> repealing 46 spent instruments—as a result, the ACMA has removed nearly 1,000 pages of redundant regulation in the media and communications sector

> removing record-keeping requirements for femtocells by changing public telecommunications service radiocommunications licence conditions

> streamlining our customer engagement.

Sunsetting

During 2013-14, the ACMA has engaged in extensive and detailed preparation for the new ‘sunsetting’ regime that will soon take effect under the Legislative Instruments Act 2003 (LIA). Under the sunsetting provisions of the LIA, the various legislative instruments made by Commonwealth agencies such as the ACMA ‘sunset’ (that is, are automatically repealed) 10 years after they are first registered as law. The first round of such sunsetting occurs on 1April 2015, with the second round due on 1October 2015.

The ACMA is required as a result to review, update and re-make, or repeal, as the case requires, over 100 legislative instruments during those first two rounds. That exercise will help to ensure that the legislative instruments made by the ACMA are kept up to date and are in force only for so long as they are needed.

ACMA Annual report 2013-14 | 37

Ownership and control

The ACMA monitors and investigates compliance with the media diversity and control rules, and takes enforcement action where appropriate.

It also handles applications for prior approval of temporary breaches of control rules and opinions on control arrangements for a given company under divisions 1, 2, 3, 5 and 5A of Part 5 of the BSA. The ACMA also maintains the Register of Controlled Media Groups (RCMG) and the Associated Newspaper Register, along with an interactive media control database.

Register of Controlled MediaGroups The RCMG helps industry comply with the media diversity limits by providing information to industry and the community on the existence of registrable media groups in licence areas across Australia. The RCMG also helps the ACMA to monitor compliance with the ownership and control rules. It lists the media groups in each commercial radio licence area, the media operations that form part of each group and the controllers of those operations.

Compliance with ownership and control provisions Notifications of changes in control During the reporting period, the ACMA received notifications about 15 events that affected the control of media operations, most of which affected multiple media operations. These notifications of change of control affected:

> 38 commercial radio broadcasting licences

> 50 commercial television broadcasting licences

> 10 associated newspapers.

The ACMA amended the notifications registers and the RCMG to reflect these changes, making the information publicly available.

Annual notifications By 30 September each year, commercial television and radio licensees, and the publishers of the newspapers listed in the Associated Newspaper Register must give the ACMA a list of all persons in a position to exercise control of the licence or newspaper as at 30 June of that year.

For the fifth year running, the licensees of all 327 commercial broadcasting licences and publishers of all 46 associated newspapers lodged their annual returns on time.

Enforcement for failure to comply with notification provisions Under Part 14E of the BSA, an authorised infringement notice officer can issue a formal warning (under section 205XA) and this may be followed by an infringement notice (under section 205Y) where the officer has reasonable grounds to believe that a person has contravened a notification provision (section 62, 63 or 64).

Most of the notifications lodged with the ACMA for change of control events that occurred in the reporting period were lodged within statutory time limits. During the reporting period, no infringement notices and two formal warnings were given for late notifications of changes in control.

Applications for prior approval The ACMA received no prior approval applications during the reporting period.

38 | Chapter 2 Regulatory environment

Local content

Regional television Regional commercial television broadcasting licensees in Queensland, New South Wales, Victoria and Tasmania must broadcast minimum amounts of material of local significance (local content) as a result of an additional licence condition imposed on them.

Based on figures provided to the ACMA by the licensees subject to the condition under a self-reporting scheme, all licensees met the quota requirements for the 2013 calendar year.

In June 2013, following a ministerial direction, the ACMA commenced a review to investigate the operation and effectiveness of section43A of the BSA, which sets out local content requirements for regional commercial television broadcasters. The direction also set out a number of other matters for consideration, including whether or not the section 43A obligation should be extended to apply to additional regional areas.

The investigation was completed on 24December 2013, and the report and its associated attachments sent to the minister on 6 January 2014. See the case study on page 40 for more information about the investigation.

Following the investigation and taking into account the high level of licensee compliance, including its high visibility, the ACMA decided to amend the licence condition to remove reporting obligations and reduce the current record-keeping requirements. On 16 June 2014, the ACMA released a proposal to remake the licence condition, with comments due early in the next reporting period.

ACMA Annual report 2013-14 | 39

Case study

Investigation into local content on television

In 2013, the then Minister for Broadband, Communications and the Digital Economy directed the ACMA to review the operation and effectiveness of the current section 43A scheme. The ACMA was further directed to consider a number of factors, including the importance of local content in regional Australia, the economic circumstances facing commercial television broadcasting licensees, how to maintain and enhance access to local content, and whether section 43A should be extended to additional regional areas.

The investigation found that section 43A is operating effectively in affected regional areas and there is no clear case for extending it to additional regional areas. It also recommended that the licence condition be amended to remove or reduce the reporting requirements.

Under section 43A of the BSA, the ACMA must have in force at all times a licence condition that requires specified regional commercial television broadcasting licensees to broadcast a minimum level of material of local significance (‘local content’). The current section 43A scheme has now been in place for about a decade.

The scheme was introduced when there were concerns about potential reductions in local content by regional broadcasters—mainly the loss of local news bulletins. The scheme operates by requiring all licensees in large aggregated markets to meet ‘points’-based targets, with the scheme weighted towards local news bulletins.

The ACMA also gave consideration to alternative approaches that could underpin the future delivery of local content to viewers living in regional Australia. This includes incentivising the delivery of local content—potentially through rebate, tender arrangements and tradeable obligation arrangements.

40 | Chapter 2 Regulatory environment

The ACMA’s investigation drew heavily on the content of research analysis; in particular, the survey of regional Australians, audience ratings data, a series of local content case studies and a peer-reviewed economic analysis. These sources provided insights into how local content in regional Australia is perceived and valued, as well as the economic circumstances of regional broadcasters.

The key findings arising from the investigation were that:

> local content is important and valued by regional Australians—overall, 91 per cent of regional Australians surveyed in mid-2013 said access to local content was important or very important to them

> regional Australians are largely satisfied with the current levels of local content available—the same proportion (91 per cent) also said they had access to all of the local content they would like

> regional Australians access local content across a wide variety of sources

> television is the source most used for regional news and is the preferred source for local news, although the audience for this is declining (a trend that applies to both local and metropolitan television news services)

> there are commercial incentives for some regional broadcasters to provide local content

> providing local content on commercial television is a high-cost activity and not necessarily profitable in all markets

> funding pressures affecting regional broadcasters are likely to continue.

The ACMA also gave consideration to alternative approaches that could underpin the future delivery of local content to viewers living in regional Australia. This includes incentivising the delivery of local content—potentially through rebate, tender arrangements and tradeable obligation arrangements.

ACMA Annual report 2013-14 | 41

Regional radio Local content—all regional commercial radio broadcasting licensees The Broadcasting Services (Regional Commercial Radio—Material of Local Significance) Licence Condition 2012 requires 211 regional commercial radio licensees to broadcast prescribed amounts of material of local significance (known as ‘local content’) between 5am and 8pm on business days.1 Licensees are exempt from this obligation for a five-week ‘holiday’ period each year.

Annual reporting from licensees submitted by 30September 2013 for the 2012-13 financial year showed a very high level of compliance with the local content licence condition. All 211 licensees broadcast the prescribed amount of local content.

Investigations—local content licencecondition During the reporting period, there were no complaints or investigations involving compliance with the local content licence condition.

Local content and presence obligations dueto a trigger event2 Under the BSA, a regional commercial radio licensee affected by a trigger event is requiredto:3

> broadcast specified amounts of local news and information for 47 weeks per year (minimum service standards)

> maintain existing levels of local presence (local staff and facilities) for 24 months from the date of the trigger event.

Once a trigger event occurs for a licence, the licensee must give the ACMA a draft local content plan within 90 days setting out how the licensee will meet its obligation to broadcast specified amounts of local news and information. Once the plan is approved by the ACMA, a licensee must take all reasonable steps to ensure that it complies with the plan.

Compliance with local content plans Annual reporting for the 2012-13 financial year from trigger event-affected licensees showed a high level of compliance with their local content plans. Of the 95 trigger event-affected licensees reporting to the ACMA, all but two complied with their approved plans.

Compliance with existing levels of localpresence From 16 April 2012, regional commercial radio licensees have been required to maintain their existing levels of local presence for 24 months after a trigger event.

On 16 April 2014, the 24-month local presence compliance period ceased for 88 trigger event-affected regional commercial radio licences. Final reports on compliance with the local presence licence condition for these 88 licences fell due on 15 July 2014.

Investigations—local news and information and local presence During the reporting period, the ACMA investigated four regional commercial radio licences for non-compliance with the reporting requirements that arise following a trigger event. In January 2014, the licensees were found to be in breach of the requirements to provide both a draft local content plan and an existing level of local presence report to the ACMA within 90 days of a trigger event. Given the compliance action taken by the licensees on discovery of their non-compliance, and the ongoing reporting obligations for local content plans and local presence, the ACMA decided not to take any further action on the breaches.

1 Commercial radio broadcasting services licensed for racing services, in remote licence areas or under section 40 of the BSA are exempt from the local content obligation. 2 Subject to certain exceptions, a ‘trigger event’ is defined as: (a) a change in control of a regional commercial radio licence, (b) the formation of a new registrable media group where a regional commercial radio broadcasting

licence is in the group, or (c) a change in controller of a registrable media group where a regional commercial radio broadcasting licence is in the group. 3 Commercial radio broadcasting services licensed for racing services, in remote licence areas or under section 40 of the BSA are exempt from the minimum service standards and local presence obligations that apply following

a trigger event.

42 | Chapter 2 Regulatory environment

Digital broadcasting

Digital television In 2013-14, the last remaining areas of Australia completed the switchover to digital-only television, which meant the end of analog television broadcasting in Australia. The ACMA had a number of responsibilities for the digital switchover and worked closely with the Digital Switchover Taskforce and related areas of DoC during 2013-14, providing technical and regulatory advice and information on television coverage.

The final step in the move to digital-only television is for a significant number of digital television services to be moved to new channels so that channels 52 to 69 can be cleared from the 700 MHz digital dividend band, which will be used for new mobile broadband services. This process of moving digital television transmitters to new channels is referred to as the ‘restack’, and viewers will need to ‘retune’ their television receivers. The channels to be used for digital television services are defined in television licence area plans (TLAPs) prepared by the ACMA between 2011 and 2013.

On 19 April 2013, the minister made the Australian Communications and Media Authority (Television Licence Area Plan and Monitoring) Direction 2013. This directed the ACMA to consider whether the objective of meeting the restack dates specified in the TLAPs will be met. If the ACMA is satisfied that the restack objective will not be met due to an event or circumstance outside the control of a digital television broadcaster, and where mitigation action cannot reasonably be taken, the ACMA must vary the relevant TLAP(s) to the minimum extent necessary to address the adverse effect of the event or circumstance. As at 30 June 2014, there has been no requirement to vary a TLAP in accordance with this ministerial direction.

See also Television licence area plans on page56 and Broadcasting technical standards—digital television on page 68.

Restack coverage assessment project The ACMA has developed the restack coverage assessment project (ReCAP) to support the restack implementation process. The project delivers evidence-based advice to the government on managing potential restack coverage and reception issues affecting communities, and provides inputs to public education/information campaigns. In addition to its restack focus, ReCAP helps the department to support viewers experiencing reception difficulties that have occurred following, or even prior to, the switchover from analog to digital television.

ReCAP combines an area-by-area technical risk assessment of restack coverage, especially in historically complex television reception areas, with an analysis of available coverage data to help the government provide targeted advice to potentially affected communities. ReCAP can also undertake a limited number of field survey measurements to investigate reported widespread restack coverage and reception issues.

Outcomes of the technical assessments conducted through ReCAP have found a low likelihood of viewer impacts associated with restack channel planning. In 2013-14, three major investigations of reception difficulties were undertaken:

> Nowra and Shoalheaven Heads in southern New South Wales

> Adelaide and Victor Harbour in SouthAustralia

> Nathalia in Victoria.

These investigations revealed a range of issues. While some were instigated as part of the restack activity, more often the issue affecting viewers was that their receiving antenna system had deficiencies that could be improved by an antenna installer.

The ACMA continues to monitor the progress of the restack implementation and related viewer complaints, and will provide support to the department, viewers and local broadcasters where necessary.

ACMA Annual report 2013-14 | 43

There remains a risk for viewers with inappropriate/legacy receive antenna configurations or antenna systems in poor condition, and those whose reception has been fortuitous or marginal. These viewers will be more likely to experience signal loss and may be required to undertake improvements to their TV receive equipment or, in a limited number of cases, explore alternative measures to receive television, including via the government’s Viewer Access Satellite Television system (VAST). The VAST service is intended to provide an alternative reception option for individual households unable to receive adequate digital television services from existing terrestrial transmission sites.

The eligibility for access to commercial services on VAST is provided for in conditional access schemes developed by industry and registered by the ACMA. As well as registering the conditional access schemes, the ACMA investigates complaints from viewers who were refused access to VAST services. For information about complaints under the VAST scheme, see page 96.

On the relevant date, viewers simply need to retune their television or set-top box. However, in some instances—especially with viewers who have inappropriate/legacy receive antenna configurations or antenna systems in poor condition—they will need to take additional measures. The ReCAP is helping the department prepare targeted messages to help these viewers.

Report on digital television transmission and reception The ACMA contributes to reports tabled by the minister as required under clause 5H of Schedule 4 of the BSA, which states:

On the first sitting day of each House of the Parliament after each 1 January, 1April, 1July and 1 October from 1 April 2009 until 1 September 2014, the minister must cause a report to be laid before each House of the Parliament containing the following information:

a. action taken to identify and rectify transmission infrastructure that would otherwise prevent the transmission of free to air television broadcasting services in SDTV digital mode in any area achieving the same level of coverage and potential reception quality as was achieved by the transmission of those services in analogue mode; and

b. the local market areas and regions where transmission issues have been identified and how many households will be affected.

The ACMA contributed to four reports in 2013-14, which have been tabled in parliament. Reports on digital television transmission and reception required under clause 5H can be found on the DoC website.

Digital radio Digital radio services, using DAB+ technology in VHF Band III spectrum, have been running on a permanent basis in the metropolitan areas of Adelaide, Brisbane, Melbourne, Perth and Sydney since July 2009. In October 2013, the ACMA varied the foundation digital radio multiplex transmitter licences to authorise the operation of in-fill repeaters in 12 locations in Sydney, Melbourne, Brisbane and Perth, extending the coverage of the commercial and community digital radio services to a potential 264,000 listeners.

Trials of DAB+ are being conducted in Canberra and Darwin by the peak commercial radio body, Commercial Radio Australia (CRA).

Permanent digital radio services cannot begin in regional licence areas (including Hobart) until the ACMA declares the digital radio start-up days for those areas. The ACMA may only declare a day that the minister specifies in a legislative instrument.

Prior to the ACMA declaring the start-up day, it must plan and allot digital radio channels and issue digital radio multiplex transmitter licences in accordance with the legislation. Various technological and policy issues need to be resolved before planning and licensing for the rollout of digital radio to regional licence areas can commence, including the most appropriate digital radio transmission technology for these areas.

The ACMA provides other technical advice to the department as required, including input into recent digital radio statutory reviews conducted in accordance with section215B of the BSA and section 313B of the Radiocommunications Act 1992.

44 | Chapter 2 Regulatory environment

Spectrum management

The ACMA manages the radiofrequency spectrum in Australia through planning, allocation and licensing decisions, device regulation and compliance activities. It ensures compliance with licensing requirements and investigates complaints of interference to licensed services. The scope of the ACMA’s role includes spectrum planning, apparatus licensing, class licensing, spectrum licensing, auctions and trading, and satellite communications and space systems regulation.

As in many other countries, Australia must increasingly address the balance between growing demand for access to spectrum by new technologies and uses, and the legitimate requirements of existing users for ongoing use of spectrum. It must also address the balance between government use of the spectrum and its availability for use by the broader community. The ACMA continues to work to balance the competing demands of new uses, the defence and essential services sectors and the broader community requirements for access to spectrum, as well as new technologies and spectrum management methods.

In 2013-14, the ACMA’s major spectrum initiatives included:

> undertaking processes for expiring spectrum licences, including considering reissue of licences to current licensees and reviewing relevant technical frameworks for the 1800 MHz and 2.3 GHz bands

> finalising work on the conversion of the 2.5GHz mid-band gap for spectrum licensing

> finalising work on developing arrangements to support the relocation of electronic news-gathering (ENG) services (used for wireless video coverage of news, sporting and cultural events) from the 2.5 GHz band

> facilitating early access to the 700 MHz band following the digital dividend auction

> continuing to support the transition of wireless microphones from the digital dividend.

Expiring spectrum licences Fifteen-year spectrum licences were first issued in the late 1990s and early 2000s, and are now approaching expiry. Some of these spectrum-licensed bands are used to deliver high-value telephony and broadband services.

In 2012, the minister made a ‘class of services’ determination for some of these spectrum-licensed bands that it would be in the public interest to reissue licences to incumbent licensees, if they have used the licence to provide the following services:

> mobile voice and data communications services in the 800MHz, 1800MHz and 2GHz bands

> wireless broadband services in the 2.3GHz and 3.4GHz bands

> satellite services in the 27GHz band.

At the same time, the minister also directed the ACMA on the value of spectrum in each of the bands mentioned above. The direction requires the ACMA to reflect this valuation in the spectrum access charges it fixes under section294 of the Radiocommunications Act.

Where licences are not reissued, the ACMA will prepare reallocation processes. The ACMA’s policy is to give both incumbent and prospective licensees certainty, where possible, on the outcome of expiring spectrum licences in each band approximately 18months before licence expiry.

The ACMA has completed the reissue process for spectrum licences to incumbent licensees in the 800MHz and 1800MHz bands, and in part of the 2.3GHz band. This has resulted in approximately $191million in revenue from the expiring spectrum licence process over the last financial year.

Table 2 provides a summary of the spectrum-licensed frequency bands and bandwidths, the year in which the licences expire and the type of service for which the applicable technical framework is optimised.

ACMA Annual report 2013-14 | 45

Conversion of the 2.5GHz mid-band gap On 24 February 2012, the minister made the Radiocommunications (Spectrum Designation) Notice No.1 of 2012 for the 2.5 GHz mid-band gap (2570-2620 MHz). This allowed the ACMA to begin processes to convert existing ENG apparatus licences—held by the free-to-air commercial broadcasters and the Australian Broadcasting Corporation—to spectrum licences. During the reporting period, the ACMA fixed spectrum access charges for spectrum licences in the mid-band gap in the Radiocommunications (Spectrum Access Charges—2.5 GHz Mid-band Gap) Determination 2013. It also made the formal offer of spectrum licences in the mid-band gap to the broadcasters, in accordance with section 56 of the Act. All four broadcasters subsequently accepted the offer of converted licences. The relevant spectrum access charge for the converted licence must be paid on or before 1 August 2014, with licences commencing on 1 October 2014.

This conversion process is an important part of providing long-term certainty for ENG operators.

Relocation of ENG services In 2013-14, the ACMA continued to plan for the relocation of ENG services from the 2.5GHz band to the 1980-2110 MHz and 2170-2300 MHz bands. Work focused on finalising coordination with other services in these bands, which was completed in May 2014. The ACMA is now helping industry to complete the transition to the new arrangements.

Early access to the 700 MHz band In May 2013, the ACMA concluded the digital dividend auction, which reallocated spectrum in both the 700 MHz and 2.5 GHz spectrum bands. The 700 MHz licences to be issued as a result of the auction are to commence on 1January 2015. In the lead-up to the auction and in the ensuing period, both Optus and Telstra, as the two winning bidders for 700MHz digital dividend spectrum, expressed a continuing interest in deploying commercial LTE services in this band earlier than the spectrum licences associated with the auction authorise.

Table 2: Expiry of spectrum licences

Band Frequencies Expiry Main use

800MHz 825-845MHz

870-890MHz (paired)

Reissued Public mobile telephony (3G)

1800MHz 1710-1755 MHz

1805-1850MHz (paired) Reissued Public mobile telephony

(LTE, GSM, GSM-R)4

28 and 31 GHz 27.5-28.35 GHz (unpaired) 31.0-31.3 GHz (unpaired) Apparatus-licensed Wireless access services

1800MHz 1755-1785 MHz

1850-1880MHz (paired) Partially reissued* Public mobile telephony (LTE, GSM, GSM-R)

2.3 GHz 2302-2400MHz Partially reissued** Wireless access services

3.4GHz 3425-3442.5 MHz

3475-3492.5MHz (paired) 3442.5-3475 MHz 3542.5-3575MHz (paired)

December 2015 Wireless access services

27GHz 26.5-27.5GHz January 2016 Wireless access services,

satellite gateway

2GHz 1900-1980 MHz

2110-2170MHz

October 2017 Public mobile telephony (3G)

20 and 30 GHz 20.2-21.2 GHz

30-31 GHz

April 2021 Satellite operations

*One licensee chose not to accept the offer of reissue. **Some licensees chose not to accept the offer of reissue, while some are still to complete the reissue process. 4

4 GSM-R is a system based on the GSM standard that provides communication and control for railway traffic andsignals.

46 | Chapter 2 Regulatory environment

In June 2014, the ACMA made the required legislative and licensing arrangements to enable Optus and Telstra to apply for apparatus licences to begin commercial LTE services before 1 January 2015. Up to and including 31 December 2014, users of wireless audio devices (WAD), as well as some national and commercial television broadcasters, will remain authorised to use the 700 MHz spectrum. The ACMA will apply special licence conditions and application requirements for ‘early access’ apparatus licences to protect incumbent WAD and broadcast licensees from potential interference from LTE base stations.

The ACMA also developed frequency coordination and apparatus licensing procedures for the paired bands 703-733MHz and 758-788 MHz. The technical parameters mirror those of the 700 MHz band spectrum licence technical framework, and the coordination procedures include defined exclusion zones to protect existing digital television broadcasting and retransmission services in the 694-820 MHz range.

Following consultation with stakeholders, the ACMA amended the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) to include an apparatus licence tax for the PMTS Class B licence sub-type operated in the frequency ranges 703-733 MHz and 758-788 MHz (that part of the 700 MHz band sold at the digital dividend auction). The ACMA set the apparatus licence tax for a 700 MHz PMTS Class B licence at $0.07/MHz (paired)/Pop.

Wireless microphones and the digital dividend The ACMA is responsible for planning the future use of the ‘digital dividend’ (694- 820MHz) once the incumbent free-to-air television services have consolidated (or ‘restacked’) into the lower 520-694MHz band. The restack is scheduled to be completed by 31 December 2014. Wireless audio transmitters (wireless microphones) may currently be operated in the ‘unused’ channels within the television broadcasting spectrum and many of these devices will be affected by the digital dividend and restack of television services.

As many community groups and businesses use wireless audio transmitters on a day- to-day basis, the ACMA is implementing a range of awareness and outreach activities and resources to help users prepare for this change. During the reporting period, the ACMA produced:

> a dedicated website— wirelessmicrophones.gov.au— that provides information and resources for users and suppliers

> a stakeholder engagement plan that sets out the ACMA’s awareness and outreach activities

> a short video featuring popular television presenter Shelley Craft explaining the changes and what users need to do

> an online channel finder for wireless microphones

> a suite of regional fact sheets and FAQs that explain the changes

> a free monthly e-bulletin that provides updates on the ACMA’s wireless microphones work.

On 17 September 2013, the revised Radiocommunications Devices (Compliance Labelling) Notice 2003 took effect. This requires importers and manufacturers (and their authorised agents) of wireless audio transmitters that can currently operate in the 694-820 MHz range to include with the devices a warning label notifying potential buyers that they must not use it in this range after 31 December 2014.

In October 2013, the ACMA revised the Radiocommunications (Short Ranges Device) Standard 2004, which made it illegal—from 1 January 2014—for suppliers to import or manufacture wireless audio transmitters that operate in the 694-820 MHz range for supply in Australia.

In June 2014, the ACMA revised the Low Interference Potential Devices Class Licence to enable greater indoor use of the spectrum by wireless microphone devices.

ACMA Annual report 2013-14 | 47

Five-year spectrum outlook The Five-year spectrum outlook 2013-17 was released in September 2013. The outlook outlines the ACMA’s assessment of the demand for different parts of the radiofrequency spectrum and sets the key priority areas facing spectrum management in Australia. It provides an avenue for consultation with all spectrum users about emerging pressures for changing approaches to spectrum management and the ACMA’s work plan. It is a living document and is open to comment at all times.

The outlook fulfils the ACMA’s commitment to:

> provide greater insight and transparency for industry stakeholders

> facilitate discussion between the ACMA and stakeholders

> provide a useful summary of important spectrum management policies and priorities.

In keeping with Program 1.1: Communications regulation, planning and licensing, the ACMA expects to release the 2014-18 edition of the outlook in August 2014. It will take into account information from submissions received in response to the 2013-17 edition.

Mobile phone jammer trial at Lithgow Correctional Centre On 24 September 2013, Corrective Services NSW (CSNSW) launched a field trial of mobile phone jammers at Lithgow Correctional Centre in New South Wales to assess the feasibility of blocking the reception of mobile phones as a law enforcement strategy.

To enable the field trial, the ACMA made the Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2012. In response to a request from CSNSW, on 13 June 2014 the ACMA approved an extension of the trial until 30September 2014.

CSNSW will report to the ACMA on the outcomes of the field trial in early 2015.

Low-power open narrowcasting (LPON) services review LPON services are used for niche radio broadcasting services to a limited reception area. They operate on very low power and their range is much more limited than other radio broadcasting services.

In 2000, the then-minister directed the Australian Communications Authority (ACA) to issue transmitter licences for LPON services in the 87.5-88.0 MHz sub-band by a price-based allocation process and to impose ‘use-it-or-lose-it’, reasonable operating regularity and reporting conditions on LPON licensees.

As a result of a review of LPON services in 2013, the ACMA:

> Wrote to the minister recommending that he revoke two directions—one requires the ACMA to impose ‘use-it-or-lose-it’, reasonable operating regularity and reporting conditions on LPON licensees; the other requires the ACMA to allocate LPON licences by a price-based method.

> Removed the exclusion zones previously maintained around analog Channel 3 TV transmitters. This freed-up previously unavailable spectrum for new LPONs, which is being released in a staged process.

> Wrote to LPON licensees in non-standard frequencies to offer them alternative frequencies and inform them that they would be unable to continue transmitting on non-standard frequencies after March 2016.

> Re-made the determination made under section 34 of the BSA, which makes spectrum between 87.5 and 88.0MHz available for LPON services until 31December 2020.

These measures will contribute to the efficient planning of the radiofrequency spectrum, reduce the administrative burden of regulation on the LPON industry and minimise the cost of the ACMA’s regulatory activities.

See more about LPON compliance and enforcement on page 75.

48 | Chapter 2 Regulatory environment

Deployment of body scanner devices at Australia’s internationalairports On 5 September 2013, in accordance with paragraph 105(2)(b) of the Radiocommunications Act, the ACMA issued apparatus licences to eight Australian international airports (Adelaide, Brisbane, Cairns, Darwin, Gold Coast, Melbourne, Perth and Sydney) to authorise the operation of millimetre-wave body scanners in the frequency range 26.5-28.35 GHz until 17January 2016. This is for the purpose of aviation security screening and contributes to meeting the Program 1.1 key performance indicators.

Trial of advanced power limit for advanced amateurs In March 2012, the ACMA approved a trial for amateur advanced licensees to apply, on an individual basis, for an increase in transmitter output power. Licensees could apply to use up to 1,000 watts peak envelope power in bands where the amateur service is primary. Operation of the amateur station had to be at a fixed location.

In January 2013, the ACMA began an assessment of the trial to evaluate whether more permanent regulatory arrangements should be put in place. The trial finished on 31August 2013 and the ACMA decided not to make the arrangements permanent.

1800 MHz band There is increasing demand for access to spectrum in the 1710-1785 MHz and 1805-1880 MHz frequency ranges (the 1800MHz band) from various industry sectors to deploy mobile services. The current regulatory arrangements would not support the deployment of mobile services on a large scale, as required by industry. As a result, the ACMA is developing a spectrum management strategy for the band to address demand and provide suitable regulatory arrangements for both the short and longer term.

European Space Agency Earth station coordination arrangements The ACMA supports spectrum management aspects of treaty-level arrangements with the European Space Agency (ESA) for a Co-operative Space Vehicle Tracking Program. This includes managing the radiofrequency spectrum to support ESA requirements for space exploration missions. Supporting coordination requirements with spectrum licences in the 2.3 GHz band and with 2GHz ENG services has been completed, with the focus now on other bands.

Satellite coordination The ACMA is responsible for fulfilling Australia’s obligations as a member of the International Telecommunication Union (ITU) for matters associated with the ITU-R. It supports the filing of Australian satellite networks with the ITU and actively works with prospective satellite operators in meeting these obligations. The ACMA also provides the interface with other ITU administrations in coordinating Australia’s satellite spectrum requirements.

In the reporting period, the ACMA assessed 745 publications for proposed foreign satellite networks, initiating coordination processes (where necessary) with foreign administrations on their proposed satellite networks with Australian spectrum requirements and responding to their reciprocal requests of Australia. In addition, the ACMA also assisted Australian satellite operators with ongoing satellite coordination negotiations with other administrations. These roles help to protect Australian interests and maximise the benefits of spectrum/orbital resources through working cooperatively with other ITU Member Administrations.

The ACMA also provides ongoing advice to Australian Government agencies and the Australian space community on space radiocommunications.

ACMA Annual report 2013-14 | 49

Mobile broadband activities Maintaining appropriate spectrum arrangements for mobile broadband services remains a major element of the ACMA’s spectrum management work program.

In 2013-14, the ACMA commissioned two pieces of research to help inform its ongoing considerations in the area of mobile broadband—the economic impacts of mobile broadband services on the Australian economy and a mobile network capacity forecasting model (see also Spectrum research program on page 126).

Central to the ACMA’s mobile broadband work program has been active involvement in international spectrum fora to influence outcomes in line with Australia’s national interest. In particular, the ACMA has led Australian participation in 2015 World Radiocommunication Conference (WRC-15) Agenda Item 1.1 considerations, which are examining the potential for additional spectrum to be identified internationally for mobile broadband services (see also International matters on page 105).

The ACMA is updating its mobile broadband strategy, which will build on pre-existing work (such as the plan outlined in its 2011 paper Towards 2020—Future spectrum requirements for mobile broadband) to identify and prioritise spectrum planning and allocation activities. The ACMA expects to consult on an updated mobile broadband strategy early in the next reporting period.

Allocation and licensing

Radiocommunications licensing The Radiocommunications Act provides that the ACMA can issue radiocommunications licences authorising the operation of devices under an apparatus, spectrum or class licence.

Apparatus licensing Apparatus licences can be issued for any period ranging from one day to a maximum of five years. The majority of licences are for one year with annual renewals thereafter.

The ACMA issues apparatus licences that require frequency assignment coordination (assigned licences), as well as apparatus licences where no frequency assignment coordination is required (non-assigned licences).

The ACMA’s key performance indicator (KPI) for issuing licence applications requiring frequency assignment is to have completed 60 per cent of applications within 30 days of receipt. For licence applications not requiring frequency assignment, the ACMA’s KPI is to complete 100 per cent of applications within 14 days of receipt.

The ACMA is undertaking a major project— Project HELM—to replace its ageing spectrum management information systems. Development and testing of new frequency assigning tools for apparatus licences was an important deliverable for Project HELM in 2013-14.

The need for expert assigning staff to support Project HELM during 2013-14 reduced the ACMA’s ability to meet its KPI targets, with:

> 48.9 per cent of assigned licence applications completed within 30 days

> 92.8 per cent of non-assigned applications completed within 14 days.

The ACMA worked with stakeholders, including accredited persons, to minimise the impact of delays in processing apparatus licence applications.

50 | Chapter 2 Regulatory environment

New licences In 2013-14, 13,298 new apparatus licences were issued, bringing the number of current licences at 30 June 2014 to 158,391 (see Table 47 in Appendix 4). During the reporting period, 130,985 licences were renewed. The number of new licences issued for each of the last three years increased to 13,298 in 2013-14, after decreasing from 13,882 in 2011-12 to 12,430 in 2012-13. Over the same period, the annual number of apparatus licences issued has averaged 13,203.

A total of $170,998 million in licence tax and charges revenue was received in 2013-14 (see Table3).

Price-based apparatus licence allocations—LPON licences Every three months, the ACMA offers to allocate LPON licences and holds auctions where there are competing applications. LPON licences allow for the provision of niche radio services, such as tourist radio and racing information, or ethnic and religious programming. They operate at very low power outputs and serve relatively small areas. During 2013-14, the ACMA allocated an additional 45 LPON licences, raising revenue of $20,750.

Table 3: Radiocommunications apparatus licences issued, 30 June 2014

Type of licence Revenue 2013-14 ($m)

Assigned licences

Public telecommunications service 80.952

Fixed 55.958

Land mobile 43.980

Satellite* 4.339

Defence 11.300

Other 3.125

Total assigned licences 199.654

Non-assigned licences 1.348

Total 201.002

*Includes Earth, space, Earth receive and space receive licences.

400 MHz band implementation The ACMA continued to work with industry and government to implement new arrangements for the 400 MHz band during 2013-14. A high percentage of licensees needing to meet the first milestone requirements (mainly involving bandwidth reduction) made the necessary changes to their networks in 2013. The implementation process has provided lengthy lead times for each milestone to allow licensees in industry and government to identify their requirements, budget and plan on how best to meet them, and implement network upgrades or replacements.

Implementation of the second milestone will commence in Adelaide, Brisbane, Melbourne, Perth and Sydney in January 2015. Once completed, harmonised spectrum will be available for use by government agencies, giving them the opportunity to enhance interoperability within and between state, territory and federal emergency services. The ACMA is now working with industry and government to facilitate and support preparation for the changes that will occur in 2015.

ACMA Annual report 2013-14 | 51

In 2013-14, the ACMA continued to facilitate transition in the 400MHz band through a suite of planning, policy and pricing initiatives, including:

> Undertaking stakeholder engagement activities to raise awareness of upcoming changes, including meetings and discussions with individual licensees to help them understand their transition requirements and options.

> Refining an online tool for licensees to determine their particular transition requirements.

> Applying annual taxation increases in the high-density areas of the band to progressively move the apparatus licence tax to opportunity cost.

> Offering financial incentives in the form of discounts for early transition.

> Offering exceptions to licensees having difficulty meeting transition time frames.

> Monitoring transmissions in the 400 MHz band in Sydney and Melbourne to check that only licensed transmitters were operating.

In August 2012, the ACMA implemented the first increment in the licence tax rate for high-density areas of the 400 MHz band, based on opportunity-cost principles. Further increases have been signalled but will only be implemented if congestion is not removed. While monitoring suggests that congestion has not yet been removed, some intended effects are occurring—for example, reduced licence numbers and rotation from low- to high-value uses. As there is no congestion in remote areas of Australia and little risk of congestion emerging in the foreseeable future, opportunity cost is low. This means it may be appropriate to reduce the licence tax rate.

In June 2014, the ACMA released a discussion paper about the proposed amendments to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No.2) and the Radiocommunications (Receiver Licence Tax) Determination 2003 (No.2). The paper proposed changes to the taxes that apply to licences for services in the high-density and remote-density areas of the 400 MHz band. The ACMA will consider the outcomes of the consultation in the first half of 2014-15.

The ACMA acknowledges that transitioning to the new arrangements remains challenging for many users, and continues to work closely with licensees and accredited persons to support transition arrangements. The final outcomes of the review will harmonise government spectrum, as well as increase technology flexibility and efficiency of allocation and use. Once transition is achieved, the need for further regulatory intervention in the band is expected to be low.

Spectrum licensing Rail and safety control communications In July 2013, the then Minister for Broadband, Communications and the Digital Economy, the Hon. Anthony Albanese, MP, made a direction under subsection294(2) of the Radiocommunications Act to achieve a national communications solution for rail services. This applied to reissued spectrum licences in the 1775-1785MHz and 1870- 1880MHz frequency ranges. Along with a public interest price, a condition on purpose of use was applied that limits the use of the licence for a particular service, licensee or purpose. In accordance with the direction, the ACMA has applied a purpose-of-use licence condition for the provision of rail safety and control communications to the relevant licences. This is part of the government’s policy intent to support a spectrum allocation for national rail safety and control communications.

Review of technical frameworks The ACMA is working with licensees and other interested parties in technical liaison groups to review the technical framework for each spectrum-licensed band, in order to provide increased flexibility and greater spectrum utility for the next spectrum licence term. The technical liaison group process is conducted for each band as the date of the spectrum licence expiry approaches. In 2013-14, the ACMA completed the review of technical frameworks for the 2.3GHz band.

In January 2014, the ACMA consulted on a series of amendments to the Radiocommunications (Spectrum Licence Tax) Determination 1999 (1999Determination) to remove expired spectrum licences in the 28-31GHz band and set new base amounts for the 700MHz, 2.5GHz (including the ‘mid-band gap’) and 2.3GHz bands.

52 | Chapter 2 Regulatory environment

The ACMA also proposed to make a new legislative instrument incorporating the above changes to replace the 1999 Determination prior to its sunset date in April 2015 to preserve its ongoing effect, as required under the sunsetting provisions of the LIA. The consultation period closed on 28February 2014. The ACMA made the Radiocommunications (Spectrum Licence Tax) Determination 2014 on 30June 2014.

Spectrum licence trades Spectrum licences can be traded in part or whole to others by geographic area and bandwidth, and can be divided or amalgamated. During 2013-14, the ACMA traded three entire spectrum licences in the 2.3GHz band and one entire spectrum licence in the 1800 MHz band.

Class licensing Low interference potential devices Low interference potential devices include a wide range of low-power radio transmitters used by the public every day, such as garage door openers, wireless local area networking equipment (such as Wi-Fi and Bluetooth devices) and wireless identification tags. Operation of these common devices without individual coordination is accomplished through class licensing. The ACMA’s class licensing arrangements provide a no-cost-to-the-user authorisation to operate such equipment, without the need to issue individual licences.

Rapidly developing radio technology leads to significant numbers of enquiries from equipment importers who seek to include new equipment items in the low interference potential devices class licences. However, before the operation of a device can be covered by a class licence, planning studies must be conducted. These should determine a set of common characteristics that make sure the operation of these devices represents a low interference risk to existing Australian radiocommunications services.

The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence) is regularly varied to maintain currency and keep pace with technological developments. The ACMA publicly consulted on changes to the LIPD Class Licence on 14March 2014, including updated arrangements for wireless microphones and other transmitters operating in the broadcasting services band, and the use of short-range low-power devices using ultra-wide band (UWB) technology. Submissions closed on 27April 2014 and the ACMA varied the LIPD Class Licence in June. Arrangements implemented in this variation to the LIPD Class Licence for UWB were modified from those originally proposed, following consideration of issues raised in submissions.

The ACMA will be consulting further on key aspects of UWB regulation so that stakeholder views are fully considered and there is greater harmonisation with international arrangements for UWB in Australia.

Accredited persons scheme The accredited persons (APs) scheme provides a market-based solution for frequency coordination and device registration. Under the scheme, the ACMA accredits appropriately qualified persons to issue frequency assignment certificates for apparatus licences and interference impact certificates for spectrum licences. Since its introduction, radiocommunications licensees have seen the benefit of using the services of appropriately qualified APs. APs now undertake the majority of frequency assignment activity for the Australian radiocommunications sector.

During 2013-14, the ACMA performed its annual review of assignment activity undertaken by all APs. The aim of this process is to keep APs’ skills and knowledge of frequency assignment and interference impact certification current, and to maintain the integrity of spectrum management arrangements. APs who have been inactive for at least two years are asked to provide advice on why their accreditation should not be withdrawn. In the reporting period, accreditation was withdrawn from three inactive APs. One AP sought a review of the decision to withdraw accreditation, which resulted in that decision being reversed.

ACMA Annual report 2013-14 | 53

In 2013-14, the total number of APs increased from 39 to 41 (see Table 4) and five new applicants were accredited. With the percentage of assignment activity performed by APs continuing to grow—increasing by three per cent in 2013-14 (see Table 5)— the AP scheme is considered to be operating effectively.

APs register all devices that require authorisation to operate under a spectrum licence, supporting the self-regulatory approach to spectrum management introduced in 1997. This approach allows licensees to take responsibility for much of the administration of their spectrum licences. In 2013-14, APs registered 176,532 devices operated under spectrum licences.

Certificates of proficiency and operatorexaminations The Australian Maritime College (AMC) in Launceston has provided marine radio operator certification and examination services on behalf of the ACMA since 2002. Under this arrangement, the AMC is also responsible for promoting the certification services and keeping examination methods relevant and accessible to marine radio users.

Table 6 details activity levels for the AMC’s last two last financial years (Jan-Dec).

Table 4: Number of APs, 30 June 2010 to 30 June 2014

30 June 2010 30 June 2011 30 June 2012 30 June 2013 30 June 2014

69 57 53 39 41

Table 5: Assignments registered, 2009-10 to 2013-14

2009-10 2010-11 2011-12 2012-13 2013-14

Frequency assignments registered by APs

15,343 74%

16,278 72%

20,544 77%

19,040 80%

20,230 83%

Frequency assignments performed by the ACMA

5,559 26%

6,272 28%

5,978 23%

4,627 20%

4,198 17%

Table 6: Marine radio operator certification and examination services—activity levels

2012 2013

Total applications received

Marine Radio Operators Certificates of Proficiency (MROVP) 4,363 4,074

Marine Radio Operators VHF Certificate of Proficiency (MROVCP) 1,642 1,537

Marine Satellite Communications Certificates 39 40

Total handbook sales

Marine Radio Operators Handbooks 3,801 2,878

Marine Radio Operators VHF Handbooks 2,151 2,122

Source: Office of Maritime Communications Annual Performance Report 1 January to 31 December 2013.

Review of marine radio operator qualifications for recreational boaters In October 2012, the ACMA published the outcomes of its review of regulatory arrangements for VHF marine radio operator qualifications for recreational boaters. Outcomes were that the ACMA would:

> Coordinate the development and implementation of the Australian Waters Qualification (AWQ), which will become the new mandatory qualification for recreational boaters using VHF marine radio channels within Australian territorial waters. It is anticipated that the AWQ arrangement will begin during 2014-15.

> Align its remaining marine radio certificate of proficiency framework with the Maritime Training Package administered by the Transport and Logistics Industry Skills Council (TLISC) in the longer term.

The ACMA has facilitated the development of the proposed AWQ syllabus with extensive input from interested marine safety and training stakeholders. The TLISC has proposed to include the AWQ in the Maritime Training Package—expected to occur in the next financial year. The AWQ is also expected to be included in the Radiocommunications (Maritime Ship Station—27MHz and VHF) Class Licence at this time.

54 | Chapter 2 Regulatory environment

An independent study was commissioned into how to align the two qualification arrangements. The main issues identified were the requirement to include a competency component in the ACMA’s marine radio examinations and some amendments to the components of the TLISC marine radio syllabi. It is anticipated that all these issues will be resolved in the next financial year.

In 2013-14, the ACMA continued its information campaign to inform recreational marine radio operators of the correct VHF radio channels to use in particular circumstances and the protocols they need to follow. The ACMA has produced 11 short videos, one in collaboration with the Bureau of Meteorology, to disseminate key campaign messages, and has also distributed online and printed material through organisations with close links to the recreational boating sector. State marine safety and regulatory bodies, marine volunteer organisations, boating industry organisations and other key interested bodies supported the campaign. The ACMA also used social media to disseminate key marine radio information messages, and attended selected boat shows and marine events in cooperation with AMC, the Bureau of Meteorology, and the Australian and New Zealand Safe Boating Education Group.

Amateur radio operator examinationservices The Wireless Institute of Australia (WIA) has provided examination services to the amateur radio community on behalf of the Australian Government since 1991. The WIA also issues amateur certificates of proficiency, administers amateur call signs and makes recommendations to the ACMA about their allocation.

The ACMA is responsible for issuing and varying amateur transmitter licences. During 2013, the WIA conducted 925 amateur examinations. Table7 details the number of amateur certificates of proficiency issued based on the results of these examinations. Some amateurs may have needed to successfully undertake more than one examination to qualify for the relevant certificate of proficiency.

The WIA also made 1,062 recommendations on call sign allocation. The ACMA allocated 899 call signs based on these recommendations and approved 192 call sign changes.

Table 7: Amateur certificates of proficiency issued, 2012 and 2013

Certificate level Certificates issued

2012 2013

Foundation 356 394

Standard 98 112

Advanced 89 97

Total 543 603

Source: Wireless Institute of Australia Annual Report 1 January to 31 December 2013.

ACMA Annual report 2013-14 | 55

Broadcasting licence area plans and variations Television licence area plans TLAPs are the long-term planning instruments for television broadcasting services, specifying and allotting channels to particular providers of television services and determining the characteristics, including technical specifications, of the broadcasting services that are to be available in particular parts of Australia with the use of those channels. TLAPs are also the primary instruments for managing the restack of digital television broadcasting services.

During the reporting period, the ACMA completed four TLAP variations (see Table8).

Radio licence area plan variations Radio licence area plans (LAPs) are the planning instrument for radio services in Australia.

Over the reporting period, the ACMA completed four variations to radio LAPs (see Table9).

Table 8: Variations to TLAPs

Service area Purpose of variation

Brisbane— December 2013 To extend the channel allotment end date for the Brisbane community television service contained in the TLAP from 31December 2013 to 31December 2014.

Melbourne— December 2013 To extend the channel allotment end date for the Melbourne community television service contained in the TLAP from 31December 2013 to 31December 2014, and to make changes

to the technical specifications to the commercial television repeaters in the Safety Beach area.

Sydney— December 2013 To extend the channel allotment end date for the Sydney community television service contained in the TLAP from 31December 2013 to 31December 2014.

Southern New South Wales— June 2014

To swap the WIN TV Ulladulla post-restack channel allotment with the Ulladulla unassigned channel allotment.

Table 9: Variations to LAPs

Service area Purpose of variation

Darwin Radio— January 2014 To confirm the current operation of 8PNN Darwin, 8PNN Katherine, and 8HOT and 8MIX at Adelaide River; change the technical specifications for the national radio broadcasting

services 8ABCFM, 8DDD, 8JJJ, 8PNN and 8SBSFM, and the commercial radio broadcasting service 8MIX to reflect their actual operating conditions; change the technical specifications for the commercial radio broadcasting service 8HOT to match those of 8MIX; modify the transmission site, output radiation pattern and antenna height of the community radio broadcasting services 8GGG, 8KNB, 8TOP and 8KTR; make an FM frequency available for a new community radio service at Darwin; and update the description of the existing commercial and community radio licence areas in the Darwin LAP to 2006 census data.

Gosford Radio— January 2014 To make available AM frequency 747 kHz with a maximum effective radiated power (ERP) of 500 watts (W) during the day and 200 W at night with an omni-directional antenna pattern

available at Gosford for a high-powered open narrowcasting (HPON) broadcasting service; and update the description of the existing commercial and community radio licence areas in the Gosford LAP to 2006 census data.

Lismore Radio— January 2014 To make available an FM frequency 91.1 MHz with a maximum ERP of 1 kilowatt (kW) with an omni-directional antenna pattern available at Lismore for a HPON broadcasting service;

and update the description of the existing commercial and community radio licence areas in the Lismore LAP to 2006 census data.

Sydney Radio— December 2013 To change the frequency (from 1476 kHz to 1386 kHz) and modify the radiation pattern of the Penrith HPON radio service currently operating on 1476 kHz; change the frequency

to 783 kHz of the planned but unallocated Sydney community radio broadcasting service on 1386 kHz to accommodate the frequency change for the Penrith HPON service; and change the polarisation of the Campbelltown commercial radio broadcasting service 2MAC.

56 | Chapter 2 Regulatory environment

Broadcasting licensing In 2013-14, the ACMA:

> issued 221 transmitter licences for national radio and television services

> issued 250 transmitter licences for commercial radio and television services

> issued 147 broadcasting retransmission licences

> varied 48 radio and television apparatus licences

> issued 94 special event broadcasting licences for radio and television services.

Temporary community broadcasting licences Temporary community broadcasting licences are allocated for a maximum 12-month licence period. During the reporting period, the ACMA allocated 86 temporary licences. As at 30June 2014, there were 85 temporary licences—one licence allocated in the previous reporting period was still operating.

Community radio broadcasting licences During the reporting period, the ACMA:

> allocated six community radio broadcasting licences for Wilcannia and Young (New South Wales), Gin Gin (Queensland), Wodonga (Victoria), Augusta and Kalgoorlie (Western Australia)

> decided not to allocate the community radio broadcasting licences for Tiaro and Bundaberg (Queensland)

> renewed 36 community radio broadcasting licences, of which three were remote Indigenous broadcasting services.

Consideration of two applications for community radio broadcasting licences in Coffs Harbour (New South Wales) and Geraldton (Western Australia) was ongoing at the end of the reporting period.

There were 358 community radio broadcasting licences at 30June 2014, of which 72 were remote Indigenous broadcasting services.

Commercial radio broadcasting licences During 2013-14, the ACMA renewed 38 commercial radio broadcasting licences for services using the broadcasting services bands (BSB). No new commercial radio broadcasting licences were allocated for services using the BSB during the reporting period.

As at 30June 2014, there were 273 commercial radio broadcasting licences.

Commercial television As at 30June 2014, there were 69 commercial television broadcasting licences.

During 2013-14, the ACMA renewed 13 commercial television broadcasting licences.

Community television During the reporting period, the ACMA renewed three community television broadcasting licences.

The licences for three remote Indigenous community television broadcasting licences lapsed because the licensees did not submit an application for renewal.

During 2013-14, 12 remote Indigenous community television broadcasting licences were surrendered to the ACMA.

There were 54 community television broadcasting licences at 30 June 2014, of which 51 were remote Indigenous broadcasting services. The other three services were in Brisbane, Melbourne and Sydney.

Community television trial During 2013-14, the ACMA decided to extend community television trials in Adelaide and Perth for a further 12-month period from 1January 2014 to 31December 2014.

Telecommunications licensing Carrier licensing The ACMA granted 22 carrier licences in 2013-14, all within the statutory 20-day time frame. This is an increase from 2012-13, when 21 licences were issued. As at 30June 2014, there were 208 licensed carriers in Australia.

A licensed carrier can surrender its licence by providing a written notice to the ACMA. In 2013-14, 13 carrier licences were surrendered. In addition, two carrier licences were cancelled as the corporation holding the licences was deregistered by the Australian Securities and Investments Commission.

The ACMA has issued 129 nominated carrier declarations from 1 July 1997. In 2013-14, the ACMA issued five nominated carrier declarations and revoked two. As at 30June 2014, there were 74 nominated carrier declarations in force.

A complete list of carrier licences and nominated carrier declarations granted in 2013-14 is provided at Appendix 4.

The ACMA issued one trial certificate during 2013-14, compared with two in the previous reporting period.

ACMA Annual report 2013-14 | 57

Telecommunications numbering

The ACMA is responsible for the Telecommunications Numbering Plan 1997, which sets out the framework for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services. The ACMA also manages the numbering resource and plans for new numbering developments in Australia.

Numbering reform activities In 2012, the ACMA completed a detailed examination of Australia’s telephone numbering arrangements (the Numbering Work Program) in response to issues raised by consumers and industry through the ACMA’s Numbering Advisory Committee. The issues identified by stakeholders had arisen due to deep changes in industry structures, service offerings and consumer behaviour that have occurred since the Numbering Plan was made. The aim of the ACMA’s work was to identify what changes were needed to make the numbering resource more flexible, so that new technologies, uses and potential markets could be more readily accommodated as they emerge, and how best to remove artificial barriers to the efficient use of the resource.

During 2013-14, the ACMA continued to implement changes foreshadowed in the Numbering Work Program with the majority of the short- and medium-term actions completed.

In partnership with Communications Alliance, the ACMA expects to progress further work to streamline numbering arrangements, including changes to evolve the Numbering Plan to a more principles-based document supported by industry codes and guidelines during 2014-15 and 2015-16.

Numbering services One of the recommendations from the Numbering Work Program was for the ACMA to examine alternatives for the sustainable provision of numbering services in the long term. This work was undertaken during 2013, with the ACMA deciding it would be timely to test the market for the supply of numbering administration services. This would identify whether the market could provide the full suite of numbering administration functions more efficiently and innovatively than the existing arrangements.

In January 2014, the ACMA released a request for tender for an expanded range of numbering allocation and administration services. The ACMA expects to finalise the procurement process in the first quarter of 2014-15.

New arrangements for mobile calls to 1800 and 13/1300 numbers In June 2014, the ACMA agreed to a framework for call charges from mobile phones to 1800 (freephone) and 13/1300 (local rate) numbers. Developed in close consultation with the telecommunications industry and without direct regulatory intervention, the new arrangements take account of market changes in recent years and are intended to deliver a range of consumer benefits:

> Individual mobile operators have made separate plans to make all calls to 1800 numbers from mobile phones free-of-charge and will be advising their customers about these plans in due course.

> Mobile operators will offer ‘13-friendly’ mobile plans in accordance with a guideline developed by Communications Alliance. Under these plans, calls to 13 and 1300 numbers will be charged against the included-value allowance of the plan, rather than billed separately.

> Industry is implementing an awareness campaign to alert consumers to consider whether a ‘13-friendly’ plan is appropriate for them when choosing their provider.

These initiatives will work in conjunction with other protections—notably call and data usage alerts from mobile providers—now required under the TCP Code.

The ACMA and industry will monitor how these issues work in practice so that consumers’ experience is improved in both the short and long term.

Numbering Advisory Committee The Numbering Advisory Committee (NAC) is a formally constituted advisory committee to the ACMA and comprises representatives of the telecommunications industry, telecommunications users, community groups and government. The NAC provides advice and recommendations on issues related to the ACMA’s numbering functions with the objective of improving the benefits to suppliers and users of carriage services, and facilitating competition.

58 | Chapter 2 Regulatory environment

The NAC met on three occasions during 2013-14. It provided advice on the Numbering Administration Project, sunsetting of numbering-related legislative instruments and a range of other numbering matters.

Number allocations register The ACMA maintains a register of numbers allocated to carriage service providers (CSPs) and numbers that have been permanently transferred from one CSP to another. The information is contained in a database known as the Online Numbering System (NUMB). CSPs use the register to perform functions such as routing and billing, and to apply, transfer and surrender numbers. The ACMA uses NUMB to administer the annual numbering charge (ANC).

Numbering transactions During 2013-14, the ACMA assessed 54 separate applications for numbers from 13 different CSPs. Two CSPs were allocated both geographic and other numbers. The most common number types allocated remain geographic and digital mobile numbers.

The ACMA met its statutory requirements and KPIs by processing numbering applications within the 10-day statutory time frame. The time taken to process routine applications was approximately 7.4 working days, compared with the average of three working days for 2012-13. In 2013-14, the ACMA allocated:

> 1,453,000 geographic numbers, 344,700 fewer than the 1,797,700 geographic numbers allocated in 2012-13

> 2,620,000 digital mobile numbers, 290,000 fewer than the 2,910,000 digital mobile numbers allocated in 2012-13.

Table 10 shows the amount of numbers allocated by number type in 2013-14.

During 2013-14, the ACMA received five applications to surrender numbers from four CSPs. There were six permanent transfers of numbers between CSPs in 2013-14. Table11 shows the numbers surrendered by number type and Table12 shows the numbers transferred by number type. Some CSPs transfer or surrender multiple number types.

INMS is contracted to the ACMA to provide delegated services to industry for freephone (1800), local rate (13) and six- and eight-digit premium rate numbers. Services undertaken by INMS include number allocations, withdrawals, reservations and placements in quarantine. Table 13 shows the quantity of numbers allocated by INMS and Table 14 shows the quantity surrendered in 2013-14 by number type.

ACMA Annual report 2013-14 | 59

Portability Number portability is available for local, mobile, and freephone and local rate numbers.

The ACMA monitors the effectiveness of porting arrangements, including CSP compliance with the arrangements specified in the Numbering Plan and industry codes that set out the procedures for number portability. The ACMA is able to register new and revised industry codes, which makes them enforceable under the Telecommunications Act 1997.

In 2013-14, the ACMA continued to work with Communications Alliance and industry to identify regulatory issues that may emerge during rollout of the NBN. Communications Alliance reviewed the Local Number Portability Industry Code in 2013. The ACMA registered the revised code on 16 December 2013 and it took effect on 1March 2014. A parallel review of possible future improvements, with recommendations on any improved industry arrangements to meet customers’ porting needs, is ongoing.

The ACMA also receives and handles enquiries and complaints about number portability from industry and consumers, with 73 contacts in 2013-14.

Where appropriate, the ACMA may also grant an exemption from the number portability requirements. No exemptions from number portability were sought or granted in 2013-14.

Pre-selection CSPs are required to make pre-selection available on request for most standard telephone services. Pre-selection includes national long-distance calls, international calls and mobile calls, but not local calls.

Under the Telecommunications Act, the ACMA is able to exempt a carrier/CSP from the obligation to provide pre-selection. No exemptions were sought or granted during 2013-14.

A proposal to amend pre-selection obligations was included in a consultation paper released by DoC in April 2014. This matter is subject to ongoing consideration and should be finalised in the next reporting period.

Table 10: Quantity of numbers allocated by number type during 2013-14

Type of number CSPs allocated numbers Quantity of numbers allocated

Geographic 9 1,453,000

Digital mobile 3 2,620,000

Mobile network codes 3 3

International signalling point code 1 1

Pre-selection over-ride code 2 3

Total numbers allocated 4,073,007

Table 11: Quantity of numbers surrendered by number type during 2013-14

Type of number CSPs surrendering numbers Quantity of numbers surrendered

Geographic 1 90,000

Operator service 1 1

Telex 1 3

DNAS 1 1

Calling card service 1 1

International service 1 1

LICS 1 1,000

Total numbers surrendered 91,007

Table 12: Quantity of numbers transferred by number type during 2013-14

Type of number CSPs transferring numbers Quantity of numbers transferred

Geographic 6 3,290,700

LICS 1 1,000

Total numbers transferred 3,291,700

Table 13: Quantity of numbers allocated by INMS by number type and digit length during2013-14

Type of number Quantity of numbers allocated

Freephone and local rate (1800, 1300, 13) 54,769

Premium rate numbers (six- and eight-digit 19 numbers) 44

Total numbers allocated 54,813

Table 14: Quantity of numbers surrendered by INMS by number type and digit length during 2013-14

Type of number Quantity of numbers surrendered

Freephone and local rate (1800, 1300, 13) 19,517

Premium rate numbers (six- and eight-digit 19 numbers) 273

Total numbers surrendered 19,790

60 | Chapter 2 Regulatory environment

Portability Number portability is available for local, mobile, and freephone and local rate numbers.

The ACMA monitors the effectiveness of porting arrangements, including CSP compliance with the arrangements specified in the Numbering Plan and industry codes that set out the procedures for number portability. The ACMA is able to register new and revised industry codes, which makes them enforceable under the Telecommunications Act 1997.

In 2013-14, the ACMA continued to work with Communications Alliance and industry to identify regulatory issues that may emerge during rollout of the NBN. Communications Alliance reviewed the Local Number Portability Industry Code in 2013. The ACMA registered the revised code on 16 December 2013 and it took effect on 1March 2014. A parallel review of possible future improvements, with recommendations on any improved industry arrangements to meet customers’ porting needs, is ongoing.

The ACMA also receives and handles enquiries and complaints about number portability from industry and consumers, with 73 contacts in 2013-14.

Where appropriate, the ACMA may also grant an exemption from the number portability requirements. No exemptions from number portability were sought or granted in 2013-14.

Pre-selection CSPs are required to make pre-selection available on request for most standard telephone services. Pre-selection includes national long-distance calls, international calls and mobile calls, but not local calls.

Under the Telecommunications Act, the ACMA is able to exempt a carrier/CSP from the obligation to provide pre-selection. No exemptions were sought or granted during 2013-14.

A proposal to amend pre-selection obligations was included in a consultation paper released by DoC in April 2014. This matter is subject to ongoing consideration and should be finalised in the next reporting period.

Table 10: Quantity of numbers allocated by number type during 2013-14

Type of number CSPs allocated numbers Quantity of numbers allocated

Geographic 9 1,453,000

Digital mobile 3 2,620,000

Mobile network codes 3 3

International signalling point code 1 1

Pre-selection over-ride code 2 3

Total numbers allocated 4,073,007

Table 11: Quantity of numbers surrendered by number type during 2013-14

Type of number CSPs surrendering numbers Quantity of numbers surrendered

Geographic 1 90,000

Operator service 1 1

Telex 1 3

DNAS 1 1

Calling card service 1 1

International service 1 1

LICS 1 1,000

Total numbers surrendered 91,007

Table 12: Quantity of numbers transferred by number type during 2013-14

Type of number CSPs transferring numbers Quantity of numbers transferred

Geographic 6 3,290,700

LICS 1 1,000

Total numbers transferred 3,291,700

Table 13: Quantity of numbers allocated by INMS by number type and digit length during2013-14

Type of number Quantity of numbers allocated

Freephone and local rate (1800, 1300, 13) 54,769

Premium rate numbers (six- and eight-digit 19 numbers) 44

Total numbers allocated 54,813

Table 14: Quantity of numbers surrendered by INMS by number type and digit length during 2013-14

Type of number Quantity of numbers surrendered

Freephone and local rate (1800, 1300, 13) 19,517

Premium rate numbers (six- and eight-digit 19 numbers) 273

Total numbers surrendered 19,790

Revenue and fees

The ACMA is responsible for the efficient regulation and allocation of public resources such as telecommunications numbering and the radiofrequency spectrum. It also collects annual revenues through broadcasting, radiocommunications and telecommunications licence taxes, levies, fees and charges. The administration of taxes, levies, fees and charges plays a key role in the planning, allocation and use of public resources. These public resources are indispensable inputs to industry in the innovative and dynamic communications sector of the economy.

Where feasible under the applicable legislation, the ACMA sets fees, taxes and charges so they support the effective use of public resources. They also recover the costs of regulating the industry. In accordance with government cost-recovery policy and guidelines, and where it is cost-effective, the ACMA seeks to charge individuals or firms for the costs of providing the activity.

Revenue raised by the ACMA in taxes, charges, levies and other revenue is shown in tables 15 to 18.

Stakeholder engagement Broadcasting licence fee informationsessions From 28October to 4November 2013, the ACMA conducted information sessions for commercial television and radio broadcasters in each of our state offices and at two site visits. The sessions were held to help broadcasters meet their obligations under sections 205B and 205C of the BSA, and provide training on the online system for lodging returns (71per cent of the industry used the system to lodge returns in 2013-14).

Telecommunications information sessions In September 2013, the ACMA conducted information sessions in Sydney and Melbourne to help telecommunications carriers understand their legislative requirements for eligible revenue reporting and telecommunications funding arrangements.

ACMA Annual report 2013-14 | 61

Telecommunications services funding In 2011, the government signed an agreement with Telstra for basic universal telecommunications service outcomes during and after the rollout of the NBN. Public policy reforms to support the transition to the NBN included establishing TUSMA under the Telecommunications Universal Service Management Agency Act 2012 (TUSMA Act). TUSMA commenced operations from 1July 2012 to deliver the government’s public policy objectives in the telecommunications sector, including giving all Australians reasonable access to a standard telephone service and payphones (the universal service obligation or USO) and managing emergency call-handling and the National Relay Service (NRS).

Table 15: Resource taxes

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Reissue of 15-year spectrum licences^ 1,481.653 0

Apparatus auctions 0.064 0.041

Number auctions 1.660 1.539

Spectrum licence tax* 0.321 0.324

Annual numbering charge 60.000 60.000

Apparatus licence tax 118.988 170.998

Broadcasting licence fees and datacasting charge 167.386 157.188

Total taxes 1,830.072 390.090

^Previously reported as ‘Spectrum auctions’. *Spectrum licence tax was previously reported in Table 16: Cost recovery charges.

Table 16: Cost recovery charges*

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Annual carrier licence charge 38.885 38.303

Fee for service charges 3.122 3.915

Do Not Call Register charges 3.615 3.296

Total charges 45.622 45.514

*Due to a reclassification from charges to taxes, ‘Spectrum licence tax’ is now reported in Table 15: Resource taxes.

Table 17: Industry levies

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

USO levy* 145.128 0

NRS levy* 0.197 0

TIL 0 220.819

Total levies 145.325 220.819

*Replaced by TIL in 2013-14.

Table 18: Other administered revenue

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Fines and penalties 0.559 1.147

Other 0.469 0.469

Total other administered revenue 1.028 1.616

The funding of these telecommunications services and TUSMA’s administrative costs are provided by the government, with the remainder shared by a telecommunications industry levy (TIL) on telecommunications carriers that earn above $25million. Under the TUSMA Act, the ACMA has an ongoing statutory role to determine and collect levies based on the minister’s determination of the amount to be funded by industry.

The government announced during the reporting period its intention to transition TUSMA’s functions to the Department of Communications.

62 | Chapter 2 Regulatory environment

The first TIL assessment under the TUSMA Act was made on 9September 2013 for $254.9million and was based on the 2011-12 eligible revenue assessment. The TIL for this period was capped for non-Telstra carriers in accordance with a government commitment announced on 23 June 2012. Non-Telstra participating persons were required to pay the same amount ($63.4 million in total) of final-year USO and NRS levies.

Eligible revenue assessment Any person holding a telecommunications carrier licence for any time during an eligible revenue period is required to submit an eligible revenue submission so that the ACMA may determine each carrier’s eligible revenue. Carriers that earn revenue below $25million during an eligible revenue period and submit an eligible statutory declaration to the ACMA by 31October of the relevant period are not required to submit an eligible revenue return, and are exempt from the TIL and the annual carrier licence charge. For the 2012-13 eligible revenue period, participating persons were required to lodge submissions with the ACMA by 31October 2013. The ACMA made a written assessment of participating persons’ eligible revenue for the 2012-13 eligible revenue period under the TUSMA Act on 11April 2014.

The primary function of the eligible revenue process is to determine the contribution that each participating person makes to the cost of providing the USO and NRS, based on its proportion of total industry eligible revenue. The eligible revenue process is also used to determine each participating person’s contribution to annual carrier licence charges.

The ACMA’s written assessment of each participating person’s eligible revenue for the 2012-13 eligible revenue period will be used to determine the TIL and annual carrier licence charge (ACLC) for each participating person for the 2013-14 eligible levy period.

Annual carrier licence charges Annual carrier licence charges are imposed under the Telecommunications (Carrier Licence Charges) Act 1997 on participating carriers under cost recovery arrangements in order to recover the costs incurred by the ACMA, ACCC and Australian Government in regulating the telecommunications industry. The total charge is allocated to participating carriers based on their eligible revenue for the previous eligible period as determined by the eligible revenue assessment.

In 2013-14, the total annual carrier licence charge was $38.303 million.

Do Not Call Register access fees Annual subscription fees for telemarketers and fax marketers to check their call lists against the Do Not Call Register ranged from $79 (to check or ‘wash’ up to 20,000 numbers against the register) to $90,000 (to wash up to 100 million numbers). There is also a subscription type that allows telemarketers to wash up to 500 numbers each year at no cost.

Numbering charges On behalf of the Australian Government, the ACMA collects a set amount of revenue each year from CSPs that hold telephone numbers. The ACMA collects this revenue through the ANC. The ANC revenue target is set by the government through the Federal Budget. As was the case in previous years, the ANC revenue target for 2013-14 was $60million.

CSPs are liable for the charges they incur for the numbers they hold on the census date. The census date is in April, with the exact date determined by the ACMA each year. The census date for 2013-14 was 6April 2014. To enable the ACMA to determine the quantity of numbers held by each CSP on the census date, an embargo on the surrender of most numbers commences 15 working days prior to the census date each year. In 2013-14, the embargo commenced on 17March 2014.

Telecommunications services funding In 2011, the government signed an agreement with Telstra for basic universal telecommunications service outcomes during and after the rollout of the NBN. Public policy reforms to support the transition to the NBN included establishing TUSMA under the Telecommunications Universal Service Management Agency Act 2012 (TUSMA Act). TUSMA commenced operations from 1July 2012 to deliver the government’s public policy objectives in the telecommunications sector, including giving all Australians reasonable access to a standard telephone service and payphones (the universal service obligation or USO) and managing emergency call-handling and the National Relay Service (NRS).

Table 15: Resource taxes

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Reissue of 15-year spectrum licences^ 1,481.653 0

Apparatus auctions 0.064 0.041

Number auctions 1.660 1.539

Spectrum licence tax* 0.321 0.324

Annual numbering charge 60.000 60.000

Apparatus licence tax 118.988 170.998

Broadcasting licence fees and datacasting charge 167.386 157.188

Total taxes 1,830.072 390.090

^Previously reported as ‘Spectrum auctions’. *Spectrum licence tax was previously reported in Table 16: Cost recovery charges.

Table 16: Cost recovery charges*

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Annual carrier licence charge 38.885 38.303

Fee for service charges 3.122 3.915

Do Not Call Register charges 3.615 3.296

Total charges 45.622 45.514

*Due to a reclassification from charges to taxes, ‘Spectrum licence tax’ is now reported in Table 15: Resource taxes.

Table 17: Industry levies

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

USO levy* 145.128 0

NRS levy* 0.197 0

TIL 0 220.819

Total levies 145.325 220.819

*Replaced by TIL in 2013-14.

Table 18: Other administered revenue

Description Revenue in 2012-13 ($m) Revenue in 2013-14 ($m)

Fines and penalties 0.559 1.147

Other 0.469 0.469

Total other administered revenue 1.028 1.616

ACMA Annual report 2013-14 | 63

Amount of charge The base number charge for 2013-14 was 0.677523935. Employing the opportunity-cost methodology applied in previous years, nine-digit numbers were charged at 6.77523935, eight-digit numbers at 67.7523935 and so on. For the first time, three- and four-digit numbers were exempt from ANC. No numbers incurred the maximum cost of $100,000 allowable under the Telecommunications (Numbering Charges) Act 1997.

Numbers used for incoming-only international services, internal network services and testing services were subject to a reduced rate of charge. Geographic numbers allocated to a CSP for the purposes of providing a standard telephone service to a customer are exempt from the charge.

At 30 June 2014, the ACMA had received $58,525,082.56million of the $60million revenue target. The amounts outstanding for each CSP are shown in Table 19.

Number auctions In 2004, the smartnumbers online auction system was introduced to allocate certain freephone and local rate numbers (FLRNs)—13, 1300 and 1800 numbers. Smartnumbers auctions are generally held fortnightly. In 2013-14, the ACMA sold 3,891 smartnumbers and received $1,535,841 in revenue, in contrast to the $1,683,489 in revenue raised from the sale of 4,479 smartnumbers in 2012-13. The ACMA continued to meet its KPIs for smartnumbers auctions by regularly conducting auctions.

Table 19: Annual numbering charge amounts outstanding at 30 June 2014

CSP Amount outstanding ($)

mBlox Pty Ltd $67.75

Mobile Messenger Australia Pty Limited $20,054.71

Lycamobile Pty Ltd $1,356,753.20

Live Connected Pty Ltd $18,437.46

Vaya Pty Ltd $47,917.20

Yatango Mobile (Australia) Pty Ltd $31,687.12

Total $1,474,917.44

Note: Does not include late payment penalties that apply after 15 June 2014, the due date for payment.

Apparatus licence taxes The ACMA uses taxes on the issue of radiocommunications apparatus licences to support the efficient use of spectrum and recover the indirect costs of spectrum management. The tax is calculated by a formula that makes fees determinate, consistent, equitable and transparent. The formula encourages efficiency by making taxes higher in congested locations and spectrum bands, making taxes proportional to the bandwidth and giving discounts for low power.

In 2014, the CPI adjustment of 2.4per cent, reflecting price changes from July 2012 to June 2013, applied to all licence taxes except for fixed services operating below 960MHz in remote density areas.

Spectrum licence tax The spectrum licence tax is imposed on all holders of spectrum licences at 11 October each year. It allows the ACMA to recover from spectrum licensees the indirect costs of spectrum management activities such as international coordination, domestic planning, interference investigation and policy development. The spectrum licence tax is calculated based on the bandwidth and the population covered in a licence. In 2013-14, the ACMA collected approximately $324,000 in spectrum licence tax.

Broadcasting licence fees and datacasting charge The ACMA collects broadcasting licence fees (BLF) from commercial radio and television broadcasting licence-holders under the Television Licence Fees Act 1964 (TLF Act) and the Radio Licence Fees Act 1964. Supporting documentation is required under sections 205B and 205C of the BSA. Fees are calculated as a percentage of the gross earnings of the licence-holders for each broadcasting licence fee period, less any rebates that apply.

64 | Chapter 2 Regulatory environment

Under the Datacasting Charge (Imposition) Act 1998, a datacasting charge is collected from commercial television broadcasting licensees who also hold a transmitter licence issued under the Radiocommunications Act and use the transmitter licence to provide a datacasting service(s) authorised by a licence under Schedule 6 of the BSA. During the current financial year, the ACMA collected $1.223million from datacasting services for the 2012-13 BLF return period.

In December 2013, television broadcasters paid a total of $143.350million in broadcasting licence fees, and radio broadcasters paid a total of $21.562million in broadcasting licence fees for the 2012-13 BLF period.

Table20 shows total broadcasting licence fees collected by the ACMA in the last three financial years.

Regional Equalisation Plan The Australian Government introduced a Regional Equalisation Plan (REP) rebate scheme in 2000-01 to assist the rollout of digital television broadcasting services to regional and remote Australia. REP rebates against annual licence fees administered by the ACMA and, where necessary, supplementary grants administered by DoC, are claimable by broadcasters based on their area’s progress in rolling out digital television services. The scheme will end on 31December 2017. Commercial television broadcasters claimed total REP rebates of $1.214million in 2013-14.

Table 20: Broadcasting licence fees

Number of licences Total ($m)

2011-12 2012-13 2013-14 2011-12 2012-13 2013-14

Radio licence fees 273 273 273 25.1 24.4 21.6

TV licence fees obligation 68 69 69 311.4 294.8 144.56*

Less digital TV conversion rebate 3.8 2.3 1.21

Less broadcasting licence feerebate

153.8 143.4 n/a*

TV licence fees 153.8 149.2 143.35

* On 28 March 2013, the Television Licence Fees Amendment Act 2013 introduced amendments to the TLF Act by permanently reducing the annual licence fee payable by a commercial television broadcasting licensee by 50 per cent, to a maximum of 4.5 per cent of their gross earnings. From the 2012-13 BLF return period onwards, the broadcasting licence fee rebate no longer exists.

Technical regulation and related matters

The ACMA works closely with industry to foster self-regulation and supports it to develop technical standards that it may mandate, taking into consideration its obligations under the Telecommunications Act, Radiocommunications Act and BSA.

To achieve desired policy outcomes, the ACMA can mandate technical standards. ACMA technical standards are predominantly given regulatory effect through compliance and labelling obligations placed on all suppliers of electrical and electronic equipment, including telecommunications and radiocommunications devices.

The Technical Advisory Group (TAG) is a consultative forum established and chaired by the ACMA that includes representatives of industry associations, consumer electronics suppliers, standards development organisations, consumer groups, government agencies and ACMA staff from technical regulation areas. The TAG meets on an ad hoc basis as agreed by the members when there are identified matters that require discussion by the group. In 2013-14, the TAG discussed future arrangements for managing quality-of-service for voice telephony services. TAG members also provided feedback on a Communications Alliance proposal for an Industry Guidance Note to help consumers understand the technical capability of different voice services.

ACMA Annual report 2013-14 | 65

Regulatory arrangements— technical standards and labellingnotices The ACMA administers mandatory regulatory arrangements that require specified items of equipment to meet industry-developed standards.

Under these arrangements, the ACMA may require suppliers—Australian manufacturers, importers or their agents—to:

> ensure equipment subject to mandatory regulatory arrangements complies with technical standards

> apply compliance labels to those items where appropriate

> keep appropriate records.

The ACMA administers five regulatory arrangements:

> telecommunications regulatory arrangements, which specify requirements for telecommunications customer equipment and customer cabling

> radiocommunications regulatory arrangements, which specify requirements for radiocommunications transmitters

> electromagnetic compatibility (EMC) regulatory arrangements, which specify electromagnetic emission requirements for electrical and electronic devices to limit unintended radiation

> electromagnetic energy (EME) regulatory arrangements, which set health exposure limits on emissions from radiocommunications transmitters

> broadcasting regulatory arrangements, which can specify technical standards for specified digital broadcasting equipment and domestic digital receivers.

Labelling notices The ACMA’s four labelling notices require suppliers to apply a regulatory compliance label to specified devices to illustrate compliance with the requirements of the relevant notice.5

5 The four labelling notices specify requirements for telecommunications, radiocommunications, EMC and EME. There is no labelling notice under the BSA for broadcasting equipment and domestic digital receivers.

In 2012-13, the ACMA began a review of the Telecommunications (Customer Equipment and Customer Cabling) Labelling Notice 2001 (the TLN). During 2013-14, the ACMA consulted informally to develop its understanding of industry needs and contribute to the development of a public consultation paper that includes a proposed revised TLN expected to be published early in the next reporting period. The purpose of the consultation includes a review of definitions and underlying concepts included in the TLN, and how they apply to the contemporary communications environment. Under the LIA, the TLN is due to sunset on 1April 2015. A number of ACMA technical standards are also due to sunset on 1April and 1October 2015.

The TLN review is considering the impact of changes in the supply market for communications products, changes in technology (including the emergence of equipment that operates across multiple platforms and technologies) and the rollout of optical-fibre infrastructure. While structural changes to the TLN will be significant as the arrangements are made more contemporary, requirements to comply with technical standards, apply labels and maintain specified records are expected to remain.

The TLN review will be completed by the fourth quarter of 2014, so that the arrangement continues uninterrupted after the sunsetting date in April 2015.

Technical standards, codes and guidelines The ACMA participates in Communications Alliance reference panels and working committees and Standards Australia technical committees to confirm that technical standards and guidelines that are adopted or referenced in its regulatory arrangements meet the minimum necessary requirements for technical regulation.

The ACMA only mandates a standard that is suitable for adoption under the ACMA heads of power for the relevant arrangement— for example, health and safety, access to emergency call services, radiofrequency interference and network integrity. These are identified within the various Acts under which a standard is made. The ACMA may also choose to determine a standard in response to a ministerial direction on the general exercise of its powers in relation to broadcasting, content and datacasting functions, in accordance with section14 of the ACMA Act.

66 | Chapter 2 Regulatory environment

During the reporting period, the ACMA participated in two Communications Alliance Reference Panels, one Communications Alliance Committee, one Communications Alliance Working Group, nine Standards Australia Committees and two industry advisory groups.

Telecommunications standards The ACMA’s mandatory technical standards for customer equipment are underpinned by technical standards developed by Communications Alliance and Standards Australia.

During 2013-14, the ACMA received five submissions from Communications Alliance for changes to technical standards referenced in the ACMA’s regulatory arrangements. The relevant ACMA technical standards were updated accordingly to reference the revised Communications Alliance arrangements.

Radiocommunications standards The ACMA’s mandatory technical standards for radiocommunications equipment are underpinned by technical standards developed by Standards Australia through its RC4 and RC6 working groups.

The ACMA mandates appropriate aspects of industry radiocommunications standards by way of standards made under section 162 of the Radiocommunications Act. The ACMA’s radiocommunications standards may adopt the industry standard in whole or in part and include specified variations for Australian conditions as required. The requirement to label devices scoped by these standards is given effect through the Radiocommunications Devices (Compliance Labelling) Notice 2003 (the RLN).

In 2013-14, the ACMA amended the RLN to require suppliers of wireless audio devices to include information on the operation of devices in the 694-820MHz frequency range.

Under the LIA, the RLN and a number of standards referenced in the RLN are due to sunset in 2015. During 2013-14, the ACMA began a review of the RLN and those standards that are due to sunset in 2015.

As part of the review, the ACMA is proposing to move to a model of standards adoption under the RLN where amendments or replacements of industry standards are automatically adopted under the arrangements. Currently, this arrangement only applies to the Radiocommunications (Short Range Devices) Standard 2004. All other ACMA radiocommunications device standards adopt a fixed version of the applicable industry standard.

In 2013-14, the ACMA made one new radiocommunications technical standard for Short Range Devices.

Electromagnetic compatibility standards The ACMA, as part of its spectrum management function, determines radiocommunications standards that specify emission limits for electrical and electronic equipment that are not intentional radiocommunications transmitters. These standards are referred to as electromagnetic compatibility (EMC) standards.

The requirement to label devices scoped by EMC standards is given effect through the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008 (the EMCLN).

The ACMA’s mandatory technical standards for EMC are underpinned by technical standards developed by Standards Australia through its TE-003 working group, and international standards developed by the International Electrotechnical Committee (IEC) and the International Special Committee on Radio Interference (CISPR). As part of its ongoing work with TE-003, the ACMA continually updates the list of applicable EMC standards. The standards list was updated a number of times during the reporting period—most recently in January 2014.

ACMA Annual report 2013-14 | 67

Electromagnetic energy standards The ACMA’s EME health exposure regulatory arrangement requires a wide range of radio transmitter installations and portable equipment, such as mobile phone handsets, to comply with EME limits set out in a standard published by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields—3kHz to 300GHz (2002) (the ARPANSA Standard) is based on guidelines from the internationally recognised International Commission for Non-Ionizing Radiation Protection (ICNIRP), which has been adopted by many other countries. The EME arrangement addresses possible adverse health effects without unnecessarily compromising the benefits that radiocommunications technologies bring to modern living.

To comply with the EME exposure limits, licensees must have their transmitter installations assessed, and manufacturers and importers of mobile phones and similar equipment must have their products tested for compliance before supply is permitted to the Australian market. Significant penalties apply for breaches of the EME arrangement.

See Priority compliance areas on page 72 for information on the visual inspection program of mobile base stations the ACMA conducted in 2013-14.

During 2013-14, the ACMA commenced a review of the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2014 (the EME Labelling Notice) and the Radiocommunications (Electromagnetic Radiation—Human Exposure) Standard 2014 (the Human Exposure Standard) that are subject to sunset provisions in 2015. Draft instruments were released for public comment in March 2014. The review is expected to be completed in the next reporting period.

Broadcasting technical standards— digital television The ACMA consults with industry and provides input to Standards Australia processes for the development of appropriate industry technical standards for digital television. Where appropriate, the ACMA may determine technical standards for specified broadcast transmitters and broadcast reception equipment operating in digital mode.

The industry technical standards for digital television transmission and reception equipment have been under review by the Standards Australia working committees and are expected to be finalised in 2014. The ACMA’s participation in this review provided the opportunity to reference its mandatory parental lock standard within the voluntary industry standard. This aligns the industry standard and the ACMA standard, so that industry participants using the industry standard are aware of the obligation to provide the parental lock function in receivers.

Cabling regulation Under the Telecommunications Act, the ACMA has regulatory powers to set safety and network integrity standards for cabling installation practices.

The ACMA’s approach to regulating customer cabling includes:

> overseeing the industry-managed cabling registration scheme

> monitoring and enforcing compliance with cabling regulatory requirements

> supporting greater cabling industry self-regulation

> promoting consumer and industry awareness of regulatory arrangements of customer cabling.

Cabling registration scheme Cabling Provider Rules (CPRs) are based on an industry-managed national registration system. The ACMA currently accredits five industry bodies to be registrars under CPRs. These registrars issue registrations to cabling providers.

At 30 June 2014, there were 71,057 registered cablers. The ACMA continues to monitor the performance of registrars in meeting their contractual obligation to provide registration services to the cabling industry. It also works with registrars to improve reporting arrangements and monitor service delivery levels across the industry through quarterly meetings of the ACMA’s Registrars’ Coordinating Committee (RCC). The ACMA also meets quarterly with the Cabling Advisory Group (CAG) on technical issues and related cabling policy. The CAG includes a wide range of representatives from the cabling industry.

68 | Chapter 2 Regulatory environment

Installation of specialised customer cabling Under amendments to the ACMA’s customer cabling regulatory arrangements that commenced on 1July 2012, registered cabling providers are now required to have the necessary skills to install specialised higher speed cabling in customer premises. This requirement has two primary objectives:

> to make sure that specialised cabling is installed in accordance with safe installation practices, including appropriate occupational health and safety practices

> to give end users the full benefits of the NBN and other high-speed carriage networks.

From 1July 2014, all cabling providers undertaking specialised cabling work (broadband, structured, optical fibre, aerial, underground and coaxial) must have the relevant competencies for the particular specialised cabling work. Cabling providers are only required to have competencies in specialised cabling work if they are actually undertaking that type of work.

Review of cabling wiring rules A review of AS/CA S009: Installation requirements for customer cabling (Wiring Rules) by Communications Alliance was completed in February 2013. The new revised wiring rules (AS/CA S009:2013) replaced the current AS/CA S009:2006 on 1July 2013. AS/CA S009 is the industry publication containing the installation practices for providers installing customer cabling that connects to a telecommunications network. Cabling providers registered under the ACMA’s cabling regulatory arrangements are required to comply with the Wiring Rules.

Review of types of cabling work A review of the Telecommunications (Types of Cabling Work) Declaration 1997 was completed in October 2013. The review re-examined the categories of cabling work subject to the ACMA’s CPRs. The review identified and proposed amendments to the declaration to:

> Clarify the distinction between the simple connection of ‘plug-and-play’ associated customer cabling products (which may be performed by any person, including end users) and the connection or installation of associated customer cabling products that are concealed in building cavities (which must be performed by registered cabling providers).

> Update outdated references and definitions.

The revised Types of Cabling Work Declaration was made by the ACMA in October 2013.

Sunsetting cabling instruments The Telecommunications Cabling Provider Rules 2000 and the Accreditation Procedures for Cabling Provider Registrars are due to sunset in October 2015. In June 2014, the ACMA released for public comment a proposal to make a new instrument to replace the cabling instruments prior to their sunsetting date without any substantive changes to their regulatory requirements. In making this instrument, the ACMA is seeking to rationalise the overall number of cabling instruments by consolidating the two sunsetting instruments with the Telecommunications Cabling Provider Rules 2000—Arrangements for Operation of the Registration System (No.3) (2012). The proposed new consolidated instrument will replace the three individual instruments.

Quality-of-service issues for standard telephone services Quality-of-service (QoS) refers to the technical aspects of a voice connection. While QoS has historically been regulated by means of technical specifications for circuit-switched voice telephony, voice over internet protocol (VoIP) is currently managed by non-regulatory means.

The ACMA is assessing the current regulatory mechanisms to determine whether they provide sufficient safeguards for the provision of voice telephony services delivered using IP-based networks. While the current regulation was developed primarily to regulate voice-only networks, the contemporary technical, operational and commercial environment is far more complex.

As a result of discussions initiated by the ACMA, in 2013-14 Communications Alliance developed a draft Industry Guidance Note on VoIP Quality of Service. The ACMA has provided feedback to Communications Alliance and is further considering appropriate measures to manage QoS issues in light of the government’s revised NBN deployment.

ACMA Annual report 2013-14 | 69

Advice to the minister on NBN level playing field exemption requests The level playing field arrangements apply to fixed-line local access networks (or a part of such networks) that are built, upgraded, altered or extended after 1January 2011 so that they are capable of providing carriage services where the download transmission speed is normally more than 25megabits per second to residential or small-business users. The effect of the arrangements is that such ‘superfast networks’ (other than the NBN) must be wholesale-only, and that the operator of such networks must supply a Layer2 bitstream service on an open-access and non-discriminatory basis.

The arrangements mean that end users have access to the same types of service outcomes whether they are connected to the NBN or another network provider. The arrangements also support NBN Co in achieving its national objectives, including uniform national wholesale pricing, by creating a more level playing field.

The Telecommunications Act allows the minister to give exemptions (conditional or unconditional) from the level playing field arrangements. Exemptions may relate to specified networks, specified local access lines or network owners. In considering requests for exemptions, the minister is required to consult the ACMA and ACCC. In 2013-14, the ACMA provided technical advice to the minister on an extension to the exemption application for Telstra’s South Brisbane Exchange Service Area.

Telecommunications infrastructure regulation Carriers’ rights and obligations Schedule3 of the Telecommunications Act gives carriers the power to inspect land to determine whether it is suitable for their purposes, install certain facilities on the landand maintain a facility that is situated onthe land.

The Telecommunications (Low-impact Facilities) Determination 1997 specifies the types of facilities (known as ‘low-impact’ facilities) that carriers are entitled to install without seeking state, territory or local government planning approval. Examples of low-impact facilities include small radiocommunications antennae and dishes that are erected on existing towers or buildings and underground cables.

The ACMA may investigate suspected breaches of the Telecommunications Act, the code of practice and industry codes registered by the ACMA.

Enquiries and complaints about carriers’ rights and obligations In 2013-14, the ACMA received no complaints about matters covered by Schedule3 of the Telecommunications Act. The ACMA received 72 enquiries from local councils, solicitors, landowners and members of the public about Schedule3 of the Telecommunications Act and the code of practice.

Mobile phone base station deployment The planning and installation of mobile phone network infrastructure is subject to the requirements imposed by industry code C564:2011Mobile Phone Base Station Deployment. The code is registered by the ACMA under Part6 of the Telecommunications Act and came into effect on 1July 2012.

Under the code, industry must take a consultative and precautionary approach to the deployment of mobile phone network infrastructure. Carriers must consult with local councils and the community on the placement of certain mobile phone facilities, typically low-impact facilities. Anyone not satisfied that a carrier has complied with the code may complain to the ACMA. In accordance with Part26 of the Telecommunications Act, the ACMA may do one of the following:

> decide to investigate the matter

> make preliminary enquiries of the respondent to decide whether to investigate the matter

> decide not to investigate the matter.

The criteria to consider are those set out in the code and in Schedule 3 to the Telecommunications Act. The ACMA has the power to issue formal warnings and directions to carriers to comply with the code. It does not have the power to make a carrier relocate its facility.

In 2013-14, the ACMA received two complaints and 23 enquiries about the industry code. Of the complaints received, the ACMA considered that the matters raised were not sufficient to warrant investigation. Carriers conducted an estimated 3,447 consultations under the code during this period.

70 | Chapter 2 Regulatory environment

Submarine cable protection Submarine cables carry the bulk of Australia’s international voice and data traffic, and contribute significantly to the Australian economy.

Schedule 3A of the Telecommunications Act permits the ACMA to declare protection zones over nationally significant cables and to prohibit or restrict activities that pose a risk of damaging cables in these zones. The legislation establishes offences for damaging a cable or breaching prohibitions and restrictions, and creates penalties for these offences. Australia has three submarine cable protection zones—two off the Sydney coast and one off the Perth coast.

No requests for new submarine cable protection zones were considered during 2013-14.

Two applications for non-protection zone installation permits (NPZ permits) were granted to separate carriers during 2013-14. Both NPZ permits allow installation of submarine cables in the waters beyond the Perth Submarine Cable Protection Zone.

Two applications for protection zone installation permits (PZ permits) were also granted during 2013-14 to install submarine cables; one in the Perth PZ and one in the Southern Sydney PZ.

The ACMA received two requests to extend an existing PZ permit in 2013-14 and one request to vary an existing PZ permit.

New legislation, brought into effect on 28May 2014, has amended Schedule3A. The amendments provide transparency and certainty to submarine cable operators, and further enhance the operation of the submarine cable installation permit system so that administrative processes are more efficient.

Key changes to Schedule3A include:

> providing a clearer consultation process between the ACMA and the Attorney-General’s Department on submarine cable installation permit applications

> removing the requirement to obtain multiple permits to install a submarine cable that runs through a protection zone and non-protection zone areas

> shortening permit application time frames

> reducing unnecessary duplication with the Environment Protection and Biodiversity Conservation Act 1999.

Compliance and enforcement

The ACMA works with the communications and media industries to foster compliance with legislation, codes, licence conditions and other regulatory instruments. It also registers and monitors compliance with industry codes developed by the communications industry.

The ACMA applies a principles- and risk-based approach to compliance and enforcement that generally:

> recognises the capacity of regulated entities to become compliant

> reflects the importance of cooperative approaches using, among other things, education and awareness to achieve voluntary compliance, but also recognising that a range of escalated compliance actions are available, as demonstrated in the examples below

> matches enforcement responses so they are proportional to the seriousness of the non-compliance and take account of broader compliance objectives

> maintains flexibility and preparedness to escalate and de-escalate compliance action.

This approach supports and enables the effective and efficient achievement of compliance objectives so that any regulatory burden imposed by the ACMA’s compliance activities is the minimum necessary to achieve the intended outcome.

The following section discusses compliance in the major areas of:

> radiocommunications

> cabling and labelling

> telecommunications

> unsolicited communications (including telemarketing and spam)

> broadcasting

> online content

> interactive gambling.

ACMA Annual report 2013-14 | 71

Radiocommunications compliance The ACMA manages compliance with the Radiocommunications Act and subordinate instruments relating to the operation of radiocommunications transmitters and the technical regulation of equipment.

In 2012-13, the ACMA introduced its new risk-based compliance approach to the technical regulation of equipment, and continued this approach in 2013-14. Figure3 shows how intelligence-gathering and risk analysis enable the ACMA to set strategic compliance priorities that are aligned with regulatory objectives. This approach comprises the following steps:

> Gather—the ACMA collects raw data on non-compliance with technical regulations through complaints received, research and investigative methods.

> Analyse—the data is analysed to determine the risk ranking (high/medium/ low) of each issue and assess the impact on the following parameters:

> safety and life

> consumers and the public

> spectrum management

> government regulation

> commerce and the economy.

This risk assessment methodology is used to determine the priority compliance areas.

> Respond—the ACMA responds to the issue of non-compliance in accordance with the risk ranking of the issue and whether it falls within a priority compliance area. This approach enables the ACMA to effectively focus its resources on addressing high-risk issues, while keeping a watching brief on lower risk matters. This has also been an effective way to manage external expectations about the types of issues that the ACMA will pursue.

Priority compliance areas The ACMA adopts an evidence-based approach in deciding its priority compliance areas (PCA) for technical regulation. These are decided through intelligence-gathering mechanisms, analysis and risk assessment. The PCA program is holistic—from educating individuals about the law (before non-compliance has occurred) to implementing traditional enforcement (after the law has been broken). This end-to-end view enables the ACMA to extend its regulatory reach in an effective and targeted way.

Figure 3: The ACMA’s strategic compliance approach

Outcomes and objectives

Strategies

Problem identification and risk management

Action plan

Intelligence-gathering and analysis

Toolkit

72 | Chapter 2 Regulatory environment

In 2013-14, the PCA were:

> Radiocommunications standards compliance—the ACMA identified certain types of radiocommunications equipment that presented a high risk of interference. The risks arose from the proliferation of devices being imported that were designed for use in overseas locations with non-harmonised spectrum and from devices capable of end user re-programming. Such equipment included front-programmable radios.

> Illegal mobile phone repeaters— operated unlawfully, repeaters can cause substantial interference to the mobile phone network and may adversely affect mobile services, including access to the Emergency Call Service. Because these risks remained high, the ACMA continued to target them as a PCA in 2013-14, by:

> Responding to instances of repeater use by individuals, including those cases reported by mobile phone carriers. In such instances, the illegal operation of repeaters creates substantial interference risks to mobile communications.

> Conducting site visits at regional communities in the Northern Territory, which included monitoring the radiofrequency spectrum for potential repeater use and educating individuals about the law.

> Mobile phone and GPS jammers— mobile phone jammers are generally devices designed to operate within the frequency bands 870-960MHz or 825-845MHz and to interfere with radiocommunications, while GPS jammers are transmitters designed to interfere deliberately with GPS devices. As these prohibited devices continued to present a high risk to public safety and the integrity of the radiofrequency spectrum, the ACMA again targeted them as a PCA in 2013-14, including by working in collaboration with Roads and Maritime Services in New South Wales to address GPS jammer use among the road haulage industry.

> Telecommunications standards and cabling—identified as a PCA because the impact of the national rollout of the NBN increased the risk of non-compliant cabling. Work in 2013-14 included conducting inspections of 22 new housing estates in New South Wales, Victoria, South Australia and Western Australia to determine general compliance of cabling work conducted under the Telecommunications Act.

> Transmitter licensing compliance— identified as a PCA because of ongoing community concern and the need for the ACMA to systematically determine the level of industry compliance. Work in 2013-14 included conducting a visual inspection program of 952 mobile base station transmitter sites. An EME visual inspection is a resource-efficient way to assess the compliance level for the site but does not include taking EME radiation measurements. In conjunction with information about the transmitter obtained from the ACMA’s radiocommunications licensing database, a visual inspection provides a measure of confidence that the installation does not pose an EME risk. This can be achieved by an inspector visually assessing site accessibility and controls, signage, antenna and tower installation practices, and the proximity of public places. Of the sites inspected, 39 proceeded to a formal EME records audit. In each case, compliance with the EME transmitter licence condition was established, including six cases where further information was sought from the licensee. Since 2008, the ACMA has conducted 1,288 radiocommunications site audits across a variety of radiocommunications sites that have included an EME visual inspection.

Detections and investigations In addition to planned targeted compliance action, the ACMA also responds to and investigates complaints and undertakes field intelligence.

ACMA Annual report 2013-14 | 73

LED globes During 2013-14, the ACMA received a large number of complaints about certain models of LED globes causing domestic systems interference to free television reception. Following a combination of field intelligence, standards audits and requests to suppliers to conduct further testing, the ACMA requested that two suppliers voluntarily cease selling certain models of LED globes that were causing interference. While the ACMA found no systemic industry non-compliance, this work highlighted that manufacturers changing components after compliance testing can significantly increase the risk of non-compliance.

Mobile phone repeaters The ACMA receives complaints and reports from members of the public and mobile phone carriers about interference to their mobile networks. Interference can be caused by the unlicensed use of mobile phone repeaters that may substantially disrupt mobile networks. Mobile phone carriers work with the ACMA to locate the cause of the interference.

In the reporting period, the ACMA received 82 reports or complaints of interference to a mobile network caused by the unlicensed use of a mobile phone repeater. Of those, 43 were investigated and resolved by educating the operator. The remaining 39 complaints from mobile phone carriers remained unconfirmed, were self-resolved or otherwise did not persist.

Through its investigations, the ACMA found all the mobile repeaters were purchased online from an overseas supplier without the necessary authority of the mobile phone carrier. As a result, the ACMA implemented a number of communications strategies to educate online consumers on the law relating to mobile phone repeater use in Australia (see Preventative compliance measures on page75).

Prohibited devices The ACMA has established arrangements with Australia Post to detect and seize prohibited devices travelling in the international mail stream. It has also established relationships with three private international mail carriers and received in-principle agreement that they surrender any detected prohibited devices.

In the reporting period, 57 devices were detected and handed to the ACMA (see Table21). Of these, 56 were detected by Australia Post in the international mail stream, while 23 devices detected by state police and the Australian Federal Police were forwarded to the ACMA for testing.

In response to the prohibited devices detected by Australia Post, the ACMA sent a letter to the addressees informing them that:

> the device they bought online from an overseas retailer is prohibited

> the device had been forfeited to the Commonwealth

> penalties may apply if, under section 189 of the Radiocommunications Act, they are found to purchase a prohibited device again.

This approach reduced the risk to spectrum utility and interference to mobile phone users without imposing an undue burden on industry or consumers, in accordance with the established compliance principles.

GPS jammer prosecution Following the ACMA’s joint operation with the Victorian Taxi Services Commission in 2012, a prosecution began against a taxi driver found to be using a GPS jamming device. In December 2013, the driver was found guilty of causing interference contrary to the Radiocommunications Act, convicted and fined $850.

A second prosecution involving another Victorian taxi driver using a GPS jammer has commenced.

Supplier auditing program The ACMA continued to transform its data collection and overall compliance approach, moving from targeting those who are registered (and displaying a willingness to comply) to those who sell goods via unregulated channels such as online shopping. During 2013-14, field intelligence was complemented by a web-based search tool to identify Australian suppliers, who were generally audited or investigated further. This approach has enabled the ACMA to better understand the Australian market and identify systemic issues of non-compliance.

Table 21: Prohibited devices, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Prohibited devices detections 179 25 57

74 | Chapter 2 Regulatory environment

The ACMA conducts audits in a strategic and targeted manner based on intelligence, including complaints, and risk assessment. This uses resources more efficiently and reduces compliance costs or ‘red tape’ for industry. Targeted audits of registered suppliers’ compliance documentation continue to be a vital component in achieving compliance with the labelling and record-keeping requirements of the Radiocommunications Act and Telecommunications Act.

The recent overall trend of an increased number of audits with a decreased number of failed audits suggests that industry is generally compliant and endorses the ACMA’s approach to compliance enforcement (see Table22). This trend has also occurred in the context of an increasingly focused and strategic approach to auditing generally designed to target higher risks.

See also Regulatory arrangements—technical standards and labelling notices on page66.

Preventative compliance measures The ACMA’s traditional enforcement activities, which have been the backbone of the technical compliance program, were complemented by communications activities in 2013-14. These sought to reduce non-compliance, and highlighted the need for traditional enforcement action through education and awareness.

Each communications strategy focused on key areas of the consumer and supply market. This versatile approach tailored the compliance message to the particular audience through:

> undertaking search engine advertising for prohibited devices and mobile phone repeaters

> using social media and online communications

> publishing supporting material like infographics

> conducting site visits to retailers of radiocommunications devices and providing information to promote improved compliance.

Table 22: Audits of registered suppliers, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Audits conducted 26 51 111

Failed audits 4 14 21

Licensing compliance—statutory enforcement principles at work The ACMA conducts investigations into suspected contraventions of the Radiocommunications Act and subordinate instruments for the operation of radiocommunications transmitters. These contraventions include unlicensed operation of transmitters, breaches of licence conditions and breaches of offence provisions relating to interference.

During 2013-14, the ACMA conducted 339 investigations into non-compliance with the transmitter licensing regulatory arrangements and issued 366 compliance actions (see Table23).

LPON services LPON services provide niche radio broadcasting services to an audience in a limited area of reception (for example, tourist information services) or for a regular event. LPONs are very low power—not more than one watt in residential areas or 10 watts in rural areas. LPON licences are also subject to conditions relating to operation of the service.

In the reporting period, the ACMA issued two infringement notices for breaches of licence conditions. Investigations into provision of service complaints are reported in Table 24.

See also Low-power open narrowcasting (LPON) services review on page 48.

Radiocommunications interference management The ACMA administers radiocommunications licensing arrangements established by the Radiocommunications Act. It undertakes field-based activities to investigate interference to radiocommunications, telecommunications and broadcast services.

During the reporting period, the ACMA had 20 field staff in three offices—Brisbane, Melbourne and Sydney—who were responsible for field activities and had access to 18 specially equipped vehicles.

ACMA Annual report 2013-14 | 75

The ACMA also responds to complaints about interference to licensed radiocommunications services and domestic broadcast reception systems in higher frequency ranges. Most complaints of interference involve either mobile communications services operating from 118MHz to 2.1GHz or broadcast services in the AM, FM or UHF bands. Radiocommunications interference affects radiocommunications receivers used typically in commercial, public safety and recreational services. Domestic systems interference affects the reception of licensed radio or television broadcast services in domestic premises.

A failure to comply with technical standards or transmitter licence conditions may result in interference to radiocommunications. To determine compliance with the regulatory framework, the ACMA regularly conducts interference tasks and site audits tasks in response to complaints and site audits on a risk-assessed basis.

During the reporting period, the ACMA responded to 398 complaints of interference to radiocommunications services (518 in 2012-13) and 663 complaints of interference to domestic radio and television broadcast reception (413 in 2012-13). The ACMA also inspected 278 radiocommunications sites for compliance with transmitter licence conditions (770 in 2012-13).

As a result of interference investigations and site inspection activities, the ACMA issued 358 advice and warning notices (see Table25).

Of the 398 complaints of interference to radiocommunications services, 236 were about mobile telecommunications networks (322 in 2012-13). A further 22 radiocommunications complaints involved interference to public protection radio services, including to emergency services radio networks and air traffic communications (37 in 2012-13). The ACMA responded to all radiocommunications interference complaints related to safety-of-life issues immediately on receipt. Of the public protection complaints that were affected by external interference, the ACMA resolved 83per cent within 10 days. The ACMA also located 16 inappropriately activated Emergency Position Indicating Radio Beacons (18 in 2012-13).

Table 23: Radiocommunications compliance investigations, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Radiocommunications-related investigations

143 464 339

Advice notices issued 35 19 6

Warning notices issued 77 157 120

Infringement notices 0 1 11

Notices related to unlicensed operation of a transmitter

130 189 116

Prosecutions commenced 0 0 5

Table 24: LPON investigations, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

LPON investigations conducted 6 9 5

Table 25: Radiocommunications enforcement actions, 2012-13 and 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Advice notices issued 250 206 138

Warning notices issued 67 171 220

Total 317 377 358

Key field activities included:

> responding to complaints of interference to radiocommunications and broadcasting services across the radiofrequency spectrum from 500kHz in the MF (Medium Frequency) band to 42GHz in the EHF (Extremely High Frequency) band

> conducting investigations into non-compliance for radiocommunications, telecommunications, technical regulation and customer cabling

> undertaking proactive compliance activities (audits and site inspections)

> providing radiocommunications interference resolution support for major events (for example, the Australian Formula One Grand Prix and the Australian Motorcycle Grand Prix)

> conducting education and awareness activities.

The High Frequency or HF band (3-30MHz) continues to be heavily used for aviation, broadcasting, maritime, remote area and emergency services communications. From its station in Quoin Ridge near Hobart, the ACMA uses a national network of HF direction-finding and monitoring antennae to identify and resolve sources of interference in the HF band. Often this involves cooperation with administrations in other countries because of the long distances over which transmissions can propagate in the HF band.

During the reporting period, the ACMA received 19 complaints of interference and worked with international counterparts including the FCC (Federal Communications Commission) in the US and Ofcom in the UK to check that the HF band continues to be available for licensed services.

76 | Chapter 2 Regulatory environment

The ACMA also responds to complaints about interference to licensed radiocommunications services and domestic broadcast reception systems in higher frequency ranges. Most complaints of interference involve either mobile communications services operating from 118MHz to 2.1GHz or broadcast services in the AM, FM or UHF bands. Radiocommunications interference affects radiocommunications receivers used typically in commercial, public safety and recreational services. Domestic systems interference affects the reception of licensed radio or television broadcast services in domestic premises.

A failure to comply with technical standards or transmitter licence conditions may result in interference to radiocommunications. To determine compliance with the regulatory framework, the ACMA regularly conducts interference tasks and site audits tasks in response to complaints and site audits on a risk-assessed basis.

During the reporting period, the ACMA responded to 398 complaints of interference to radiocommunications services (518 in 2012-13) and 663 complaints of interference to domestic radio and television broadcast reception (413 in 2012-13). The ACMA also inspected 278 radiocommunications sites for compliance with transmitter licence conditions (770 in 2012-13).

As a result of interference investigations and site inspection activities, the ACMA issued 358 advice and warning notices (see Table25).

Of the 398 complaints of interference to radiocommunications services, 236 were about mobile telecommunications networks (322 in 2012-13). A further 22 radiocommunications complaints involved interference to public protection radio services, including to emergency services radio networks and air traffic communications (37 in 2012-13). The ACMA responded to all radiocommunications interference complaints related to safety-of-life issues immediately on receipt. Of the public protection complaints that were affected by external interference, the ACMA resolved 83per cent within 10 days. The ACMA also located 16 inappropriately activated Emergency Position Indicating Radio Beacons (18 in 2012-13).

Table 23: Radiocommunications compliance investigations, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Radiocommunications-related investigations

143 464 339

Advice notices issued 35 19 6

Warning notices issued 77 157 120

Infringement notices 0 1 11

Notices related to unlicensed operation of a transmitter

130 189 116

Prosecutions commenced 0 0 5

Table 24: LPON investigations, 2011-12 to 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

LPON investigations conducted 6 9 5

Table 25: Radiocommunications enforcement actions, 2012-13 and 2013-14

Action type Number of actions

2011-12 2012-13 2013-14

Advice notices issued 250 206 138

Warning notices issued 67 171 220

Total 317 377 358

Radiocommunications interference prosecutions In 2013-14, three prosecutions were commenced in response to deliberate interference to radiocommunications:

> prolonged interference to Victoria Police frequencies, which affected police operations

> deliberate interference to a Victorian taxi service

> repeated complaints of harassing and offensive transmissions on the Citizen Band Radio Service in Adelaide.

High-frequency direction-finding and monitoring system project In July 2013, the ACMA started a project to replace its existing high-frequency direction-finding (HF DF) network and the consequent relocation of Very High Frequency/Ultra High Frequency (VHF/UHF) facilities in some locations. The project is implementing a New Policy Proposal announced in May 2013 that included $9.2million in capital funding. The project approach was changed at the end of 2013, with the knowledge that Defence is enhancing its existing HF communications system with an upgrade that will enable an HFDF capability (Project Nullarbor).

Discussions between the ACMA and Defence to reach a formal agreement about technical, operational and project requirements commenced in January 2014. The ACMA expects to finalise arrangements with Defence for HF DF and monitoring access to the Nullarbor system in the second half of 2014. Under the revised approach, the ACMA is procuring a new HF DF system for its site at Quoin Ridge and will be provided with access to the Defence HF DF systems at four sites across mainland Australia.

HF DF is used to locate HF radio signals nationally or globally. Due to the characteristic of ‘over-the-horizon’ HF propagation, the HF services used inside Australia can be affected by interfering transmitters located almost anywhere in the world; the majority of HF interference sources are located outside Australia. The existing ACMA HF DF system was built over 20 years ago—it is at the end of its operational life and is compromising the ACMA’s ability to continue to provide interference resolution for services that use the HF band. Services include the Defence, aviation and transport sectors, the emergency services community and Australians living or working in regional and remote regions.

ACMA Annual report 2013-14 | 77

The establishment of a new HF DF and monitoring system will give the ACMA a long-term (20 years) capability to resolve harmful interference and to fully discharge its spectrum management functions for the HF band.

Special events As part of their risk management processes, organisers of the following special events contracted the ACMA to provide radiocommunications frequency coordination and interference resolution services:

> Australian Motorcycle Grand Prix, Phillip Island, 18-20 October 2013

> Australian Formula One Grand Prix, Melbourne, 13-16 March 2014.

The ACMA staff who supported these events were faced with a range of issues involving interference to the radiocommunications services used by the event organisers, international competitors and race teams, and to both local and international television and broadcast services. All technical issues were successfully resolved, with positive feedback received from the organisers of the events.

Radiocommunications compliance laboratory The ACMA’s radiocommunications compliance laboratory carries out compliance testing of radiocommunications devices. The main purpose of the laboratory is to support industry compliance with regulatory arrangements such as the radiocommunications standards compliance and labelling arrangements. Devices that comply with the standards are able to be labelled and supplied to the Australian market. Spectrum impact assessments are also performed on radiocommunications devices. A total of 125 devices were tested during 2013-14, which resulted in 139 compliance test reports and spectrum impact assessment letters.

The laboratory also assisted with investigations being carried out by the ACMA, and federal and state police services. This included preparing 25 evidentiary certificates and 15 technical assessment reports of radiocommunications devices.

The laboratory is accredited by the National Association of Testing Authorities (NATA) for assessing compliance to compliance level three for the full range of international and ACMA standards.

Cabling and labelling compliance The ACMA accepts complaints from industry and the public about telecommunications cabling and compliance by suppliers of devices subject to the labelling arrangements for radiocommunications, telecommunications, human exposure to EME and EMC compliance. The ACMA’s complaints-handling strategy seeks to engage cooperatively with both the complainant and the subject of the complaint.

In the reporting period, the ACMA received 21 complaints about cabling. All of these complaints were assessed; however, none of the complaints proceeded to investigation. This was due to the complaints either falling outside the ACMA’s legislative power or there being insufficient evidence to proceed.

Telecommunications consumer compliance The ACMA’s telecommunications consumer compliance activities include undertaking enquiries and investigations into compliance with the:

> Telecommunications Consumer Protections (TCP) Code 2012 (see The TCP Code on page 79).

> International Mobile Roaming (IMR) Standard—developed by the ACMA in response to a direction from the then Minister for Broadband, Communications and the Digital Economy. The standard came into effect on 27 September 2013 and requires providers to give consumers information about the cost of roaming when overseas and enable them to opt out of roaming services, in order to help minimise the risk and incidence of bill shock. A copy of the standard is available on the ACMA website. (See Consumer safeguards on page116 for more information about compliance with the standard.)

The Customer Service Guarantee (CSG) is another key telecommunications protection that lies outside the TCP Code. For more information about compliance with the requirements of the CSG, see page117.

Ordinarily, the ACMA does not handle or investigate individual residential or small-business customer complaints. The TIO is the complaints-handling body for telecommunications consumer protection matters. Its complaint statistics for 2013-14 will be released in its annual report.

78 | Chapter 2 Regulatory environment

In 2013-14, the ACMA received six complaints directed to it about non-compliance with the TCP Code (all of which led to enquiries—see page 79) and one complaint about non-compliance with the IMR Standard (which also led to an enquiry).

The ACMA proactively encourages and monitors compliance through:

> Education—the ACMA visits providers to discuss the requirements of the TCP Code and any concerns they may have, particularly when requirements or the provider are new.

> Environmental scanning—the ACMA assesses a provider’s actions and raises any concerns with them.

> Enquiries—the ACMA contacts providers to ask questions about compliance.

> Investigations—the ACMA investigates possible non-compliance under Part 26 of the Telecommunications Act.

The TCP Code The ACMA’s enforcement powers The ACMA has a range of powers to address breaches of the TCP Code. Where the ACMA finds a breach of the code, it can:

> agree with the telecommunications provider on steps it will take to remedy the breach or improve compliance

> issue a formal warning

> give a direction to comply with the code or code provision under section121 of the Telecommunications Act.

If a section121 direction is breached, the ACMA may commence Federal Court proceedings. In addition, under Part31B of the Telecommunications Act, the ACMA may issue an infringement notice for an alleged contravention of certain civil penalty provisions relating to telecommunications. An infringement notice may be given as an alternative to the ACMA instituting proceedings in a Federal Court.

Enquiries and investigations about compliance with the TCP Code During the reporting period, the ACMA continued to focus on improving industry compliance with the TCP Code, with a shifting emphasis from education to investigation and enforcement.

During the reporting period, the ACMA commenced over 140 enquiries into the compliance of suppliers with the TCP Code. It also began several reviews based on areas of concern identified through compliance activities undertaken in 2012-13 and 2013-14.

The compliance activities undertaken in 2013-14 (see Table26) resulted in the ACMAissuing:

> Seven directions to comply with the codeto:

> Lime Telecom Pty Ltd—for failing to provide an adequate critical information summary

> Bytecard Pty Ltd, Clear Networks Pty Ltd, iTalk Australia Pty Ltd and Sure Telecom—for failing to comply with requirements to provide compliance statements to Communications Compliance (CommCom), a self-regulatory industry body that aims to improve industry members’ compliance with the TCP Code

> Gazal Telecom and Utel Networks Pty Ltd—for failing to comply with sales practice and customer transfer provisions.

> 105 formal warnings to:

> Skink Marketing Pty Ltd trading as Woolworths Prepaid Calling Card and Lime Telecom Pty Ltd—for inadequate critical information summaries

> Live Connected Pty Ltd—for failing to comply with billing and credit management provisions

> Optus Mobile Pty Ltd—for failing to demonstrate billing accuracy or to identify and address systemic problems as soon as practicable

> Lycamobile—for failing to demonstrate billing accuracy

> Telstra—for failing to demonstrate billing accuracy

> Dodo Services Pty Ltd—for failing to comply with usage notification practices

> Telcomo—for failing to comply with sales practice and customer transfer provisions

ACMA Annual report 2013-14 | 79

> Telco Service Holdings Pty Ltd— for failing to keep customer personal information secure

> 96 providers following referrals from CommCom—for failing to lodge compliance statements.

> Its first infringement notice for a breach of the TCP Code to Telstra—for failing to comply with a section121 direction that required Telstra to keep customer personal information protected. Telstra paid a $10,200 infringement notice penalty.

The ACMA’s TCP Code compliance activities have covered a broad range of topics, including critical information summaries, spend management alerts, code compliance statements, complaints-handling, customer transfer, direct debit and related credit management practices. Details of key activities are set out below.

Compliance attestations review In the reporting period, the ACMA issued four directions and 95 formal warnings to providers who failed to lodge compliance attestations.

In April 2014, CommCom informed the ACMA that 323 providers had lodged compliance attestations for 2014—a 43 per cent increase on 2013. Drawing on this information and TIO membership records, the ACMA sent preliminary enquiry letters to 93 providers in May 2014, to ascertain why they did not lodge attestations with CommCom. The ACMA will take enforcement action if it concludes that the providers did not comply with the TCP Code.

Table 26: Investigations and enforcement action into compliance with the TCP Code, 2013-14 and 2012-13

Topic 2013-14

Investigations commenced

Formal warnings

Directions Infringement notices

Advertising and point of sale (includes critical information summaries) 6 2 - -

Billing 2 4 - -

Usage alerts - 1 - -

Changing suppliers 12 1 2 -

Complaints-handling 3 - - -

Code compliance and monitoring (CommCom)

- 95 4 -

Other (including privacy) 2 1 1 1

Total in 2013-14 25 104 7 1

Total in 2012-13 9 7 3 0

Critical information summaries review Following its March 2013 audit of critical information summaries, the ACMA conducted a follow-up audit of 46 providers in March 2014 to check that they have critical information summaries and these are in the prescribed format. Of the 46 providers assessed, only two per cent failed to have a critical information summary; 90 per cent were immediately compliant.

Usage alert notifications review The ACMA also undertook compliance work on spend management tools, such as alert notifications. Under the TCP Code, from 1September 2013 suppliers must send usage notifications to:

> Residential customers on post-paid mobile and internet plans (with the potential for excess usage charges) when their data usage reaches 50, 85 and 100per cent of the amount included in their plan.

> Residential customers of providers with more than 100,000 included value plan services (Telstra, Optus and Vodafone) when usage of their included value for calls and SMS reaches 50, 85 and 100percent.

In December 2013, the ACMA commenced an audit of seven large and medium-sized providers of included value plans to assess their compliance with the usage alert requirements. The ACMA found that most providers had a small incidence of failure to send notifications or the correct information at the 100 per cent notification level. However, all providers aside from one (discussed below) addressed systemic issues and were deemed compliant.

80 | Chapter 2 Regulatory environment

The audit found that Dodo Services Pty Ltd (Dodo) did not comply with the required usage notification requirements, as it failed to send alerts to customers about their data use. The failure affected certain Dodo customers with a fixed broadband service during October and November 2013. In May 2014, the ACMA issued Dodo with a formal warning for failing to comply with the usage alert requirements of the TCP Code.

Customer transfer investigations andreview In the reporting period, the ACMA concluded three investigations looking at compliance with the customer transfer rules of the TCP Code. Gazal Telecom Australia, Utel Networks and Telcomo failed to comply with the requirements in the TCP Code about promoting customer transfers and obtaining informed consent for the transfers of fixed-line services.

A direction was given to Utel Networks to comply with the entire code, and a direction was also given to Gazal Telecom Australia to comply with chapters 4 and 7 of the code, which relate to sales practices and changing suppliers. Telcomo changed its transfer application and contract processes to address the issues prior to the release of the ACMA’s preliminary investigation findings, and so was only issued a formal warning.

In late 2013, the ACMA commenced a multi-provider review of compliance with the customer transfer provisions of Chapter7 of the TCP Code, based on concerns identified through the above investigations. The review is examining whether providers are giving accurate and adequate information about transfers, and obtaining informed consent from consumers. At 30June 2014, the ACMA had reviewed six providers. In each case, the review identified potential deficiencies in the information provided to customers when consent to transfer was obtained.

In three cases, the providers voluntarily made changes to their scripts and procedures to address these deficiencies. The most serious omission of information was a failure to advise a potential customer that leaving his or her existing contract early may lead to penalties or fees. One provider is no longer operating as a CSP. The review has resulted in the ACMA opening two formal investigations examining compliance with the TCP Code. These investigations were ongoing as of 30June 2014.

Subscribers to the ACMA’s Telco matters e-bulletin receive regular updates on telecommunications industry developments, consumer issues and regulatory arrangements.

ACMA Annual report 2013-14 | 81

Complaints-handling investigations In August 2013, the ACMA concluded investigations into Telstra, Optus and Vodafone’s compliance with the TCP Code requirement to deliver an agreed resolution to a customer complaint within 10 working days. The Reconnecting the Customer inquiry had identified failure to action undertakings when responding to complaints as a major concern for consumers and a key driver of dissatisfaction. This requirement is a key provision of the TCP Code.

The investigations under Part 26 of the Telecommunications Act found that each provider has appropriate policies and procedures in place to comply with the TCP Code provision.

Direct debit investigations and review The ACMA concluded an investigation into Live Connected under Part26 of the Telecommunications Act, finding that it had failed to provide customers with at least 10 working days to check their bill before an associated direct debit occurred. The ACMA also found that Live Connected took credit management action on disputed amounts that were the subject of unresolved complaints.

The ACMA issued Live Connected with a formal warning in November 2013.

Based on concerns identified through this investigation, and the level of complaints to the TIO on direct debit and related credit management issues, the ACMA commenced three investigations focusing on clauses5.7, 6.9 and 8.2.1(a)(v) of the TCP Code. The ACMA is seeking to establish compliance with the TCP Code; in particular, whether providersare:

> abiding by a customer’s direct debit authorisation

> giving customers paying by direct debit adequate time to check their bill before the direct debit occurs

> when requested, cancelling a direct debit within three working days and providing a simple mechanism by which their customers can seek a cancellation

> taking credit management action on a disputed amount.

These investigations are still underway.

Telstra international data roaming investigation In the reporting period, the ACMA formally warned Telstra for incorrectly billing over 260,000 international data-roaming customers multiple flag fees for single data sessions from 2006 to 2012. The bills reflected incorrect information Telstra received from international carriers and its contracted data-clearing house.

The ACMA commenced an investigation under Part26 of the Telecommunications Act following an admission by Telstra. The TCP Code requires providers to bill customers accurately, allowing for certain exceptions. Whether Telstra could rely on the exception for inaccuracies caused by using information provided by contractors was a key issue for the investigation.

The investigation found that Telstra could rely on this exception only until early 2009, when it started receiving complaints from consumers who had been incorrectly billed. Billing inaccuracies after complaints were received were caused by Telstra’s failure to investigate and identify problems with the information provided by its contractor, in contravention of the TCP Code.

Telstra proactively implemented a comprehensive program that mitigated the harm for affected customers.

82 | Chapter 2 Regulatory environment

Telstra privacy investigation The ACMA commenced an investigation under Part 26 of the Telecommunications Act following an admission from Telstra about personal customer information. Between February 2012 and May 2013, the names, phone numbers and addresses of 15,775 Telstra customers from 2009 and earlier were accessible on the internet. This included the information of 1,257 active silent-line customers.

The investigation found that Telstra contravened clause4.6.3 of the TCP Code, which requires telecommunications providers to ensure that personal information of customers is protected from unauthorised use or disclosure, and to have robust procedures in place to achieve this. The ACMA also found that Telstra had contravened a direction given to it in September 2012 requiring it to comply with clause4.6.3 of the TCP Code.

Telstra paid an infringement notice of $10,200 for contravening the ACMA’s direction.

Optus Mobile Pty Limited billing investigation The ACMA formally warned Optus Mobile Pty Limited (Optus) for inaccurately billing approximately 237,500 customers from November 2008 to September 2012. The ACMA started an investigation under Part26 of the Telecommunications Act following an admission by Optus that an IT upgrade had resulted in a significant amount of customers being overcharged a total amount of approximately $8.9million.

The ACMA found that Optus had contravened the TCP Code by failing to demonstrate and verify billing accuracy, and failing to identify and address systemic problems as soon as practicable. Optus admitted the contravention, and engaged an independent auditor to ensure it had rectified the issue and had adequately identified and reimbursed all affected customers.

Mobile premium services Since the update to the Mobile Premium Services (MPS) Code in 2011, the number of MPS-related complaints to the TIO has fallen to a sustained low level of about one per cent of new complaint issues reported.

In 2013-14, the ACMA reviewed the MPS regulatory framework in light of continued industry compliance, sustained low levels of complaints and significant decline in the MPS market. As a result, the ACMA is working with industry to reduce outdated consumer information obligations and remove unnecessary compliance reporting. These measures have been taken to reduce the regulatory burden associated with MPS to what is warranted in the current environment.

Unsolicited communications compliance Telemarketing and fax marketing The ACMA regulates unsolicited telemarketing and fax marketing activities under the Do Not Call Register Act 2006 (DNCR Act), the Telemarketing and Research Industry Standard 2007 (the Industry Standard) and the Fax Marketing Industry Standard 2011.

Complaints and enquiries In 2013-14, consumers made 20,462 complaints to the ACMA under Part 26 of the Telecommunications Act about unsolicited telemarketing and marketing faxes (see Table27). Virtually all complaints received were about telemarketing, with only one per cent of complaints about unwanted fax marketing. Compared to the previous year, there was an 85per cent increase in complaints raising potential breaches of the Industry Standard. The standard applies to all telemarketing, irrespective of whether numbers called are on the Do Not Call Register. The ACMA also received 11,335 enquiries from both consumers and businesses about the Do Not Call rules.

Advisory letters and informal warnings The ACMA adopts a graduated approach to compliance with the Do Not Call rules. In the first instance, where it identifies the source of the telemarketing calls or marketing faxes that are the subject of complaints, it issues advisory letters to give parties involved information about their obligations under the Do Not Call rules.

During 2013-14, the ACMA sent 951 advisory letters to people and businesses identified as potentially in breach of the requirements of the DNCR Act and industry standards.

ACMA Annual report 2013-14 | 83

Where the ACMA receives five or more complaints within any 180-day period about the same person or business, it issues an informal warning. During 2013-14, the ACMA sent 116 such letters to people and businesses that were the subject of complaints.

The ACMA Corporate plan 2013-16 sets out new key performance indicators for unsolicited communications compliance activities. These KPIs are:

> the number of complaints and reports about unsolicited communications received from businesses after they have been sent informal warnings is low

> the number of complaints about unsolicited communications within targeted priority areas reduces.

In 2013-14, 92per cent of businesses contacted by the ACMA required only a single advisory or warning letter to address compliance issues.

During the reporting year, the ACMA saw an increase in the number of complaints received about the PC Virus scam and the introduction of a variant scam relying on Telstra’s brand to deceive the public. The ACMA previously targeted these calls in 2012 due to the high number of consumers on the Do Not Call Register complaining about receiving them. At that time, the ACMA partnered successfully with other overseas regulators, and joint action saw complaints about these calls fall from 50per cent of all Do Not Call-related complaints received by the ACMA to about 15per cent.

In early 2014, when it noticed reports about these calls from consumers increasing, the ACMA once again targeted this scam by communicating with Telstra and quickly publishing consumer warnings to alert the public to the new variation. This action first stemmed the rise and then decreased the number of complaints received about these calls to under 14per cent by the end of the financial year.

Investigations and enforcement During 2013-14, the ACMA finalised six telemarketing-related investigations under Part26 of the Telecommunications Act. As a result of these investigations:

> the ACMA issued two formal warnings for contraventions of the DNCR Act to Telco Blue Pty Ltd and Telco Service Holdings Pty Ltd

> the ACMA accepted two enforceable undertakings from Teleus Pty Ltd and Flexi Marketing Solutions Pty Ltd

> one infringement notice was paid by Zone Telecom Pty Ltd.

Spam and e-marketing The ACMA administers the Spam Act 2003, which sets out the rules for sending commercial electronic messages.

Complaints, reports and enquiries In 2013-14, the ACMA received a total of 349,319 complaints, reports and enquiries directly from members of the public about spam (see Table28). Of these, 338,817 were about email spam, while 9,162 were about SMS or MMS.

Table 27: Summary of telemarketing and fax marketing compliance and enforcementactivities, 2012-13 and 2013-14

Activity 2012-13 2013-14

Consumer complaints 19,677 20,462

Telemarketing 19,335 20,232

Fax marketing 342 230

Enquiries 10,927 11,335

Business compliance 1,057 1,067

Advisory letters 918 951

Informal warnings 139 116

Investigations 11 6

Formal warnings 3 2

Enforceable undertakings 2 2

Infringement notices 3 1

84 | Chapter 2 Regulatory environment

In addition to complaints, reports and enquiries received directly from members of the public, the ACMA also received nearly 37million other reports of spam in 2013-14 via indirect reports. The ACMA uses sophisticated software tools to analyse this volume of spam messages in order to identify spam that is likely having the most impact on Australians, and to identify trends and the incidence of malware within spam messages. This intelligence helps the ACMA to prioritise and target its interventions.

Informal warnings The ACMA adopts a graduated approach to Spam Act compliance. In the first instance, where the ACMA identifies the source of spam that is the subject of a complaint or report, it issues informal warnings to give the parties involved information about their obligations under the Spam Act.

In 2013-14, 5,002 informal warning letters were issued.

Spam has the same key performance indicators as telemarketing and fax marketing (see page84). Of the businesses contacted by informal warning letter for the first time in 2013-14, 86per cent did not attract further complaints after they were sent the first informal warning.6

Investigations and enforcement During 2013-14, the ACMA completed 10 investigations under Part26 of the Telecommunications Act into potential contraventions of the Spam Act. As a result of these investigations:

> the ACMA accepted one enforceable undertaking from Alex Emad Shehata trading as Australian Advertising and Media Network

Table 28: Summary of spam compliance and enforcement activities, 2012-13 and 2013-14

Activity 2012-13 2013-14

Consumer complaints and reports 410,999 347,979

Email spam 396,892 338,817

SMS spam 14,107 9,162

Enquiries 1,726 1,340

Business compliance— informalwarnings

7,105 5,002

Investigations 10 10

Formal warnings 3 5

Enforceable undertakings 2 1

Infringement notices 3 3

> three infringement notices were paid by Minardi Pty Ltd trading as Colonial Hotel, Grays (NSW) Pty Limited and Rates Direct Pty Ltd

> the ACMA issued five formal warnings to DND Media Pty Ltd, Wailea Australia Pty Ltd trading as ACRIS Services, Teleloans Pty Ltd, Penta Group Pty Ltd and IGEA Life Sciences Pty Limited.

Unsolicited communications compliance strategies and initiatives Education initiatives To help businesses meet their unsolicited communications obligations and the public deal with unsolicited marketing, the ACMA engages in targeted educational activities. Thisincludes:

> Industry blogs—the ACMA produces two blogs aimed directly at businesses that engage in telemarketing, fax marketing and e-marketing. They promote and encourage businesses to comply with the rules:

> Successful e-marketing … it’s about reputation

> Better telemarketing … take the right line.

> Social media—as well as using traditional channels, the ACMA increasingly engages with members of the public on telemarketing and spam-related issues via Facebook and Twitter. These channels also enable the ACMA to quickly issue alerts and warnings about apparent phone, email and SMS scams in circulation.

6 This figure refers to the period from October 2013 to June 2014.

ACMA Annual report 2013-14 | 85

Stakeholder engagement During 2013-14, ACMA staff spoke at business forums on e-marketing best practice, methods of achieving compliance and matters related to spam more broadly.

International cooperation Recognising that it is a global issue, the ACMA strives to be an international leader and influential in combating unsolicited communications. The aim of cooperating internationally is to reduce the impact on Australians of unsolicited communications originating elsewhere. This mission is divided into five key interdependent objectives, which relate to:

> information and intelligence-sharing

> learning and development

> achieving global outcomes

> developing and maintaining strategic relationships

> participation.

To this end, in 2013-14, the ACMA actively participated in the following international efforts to counter unsolicited telemarketing calls and spam:

> London Action Plan—the LAP is a prominent international forum that fosters spam enforcement cooperation between its members. The LAP has 45 government members, 28 industry participants and five observers.

> International Do Not Call Network—the Network (a part of the London Action Plan) focuses on unsolicited telemarketing calls and administering Do Not Call schemes in members’ respective jurisdictions.

De-registration of e-marketing code In June 2014, the ACMA de-registered the Australian eMarketing Code of Practice March 2005 following a public consultation process.

The ACMA considered that the code had no ongoing utility, as its relevance to contemporary e-marketing activities had substantially diminished since its introduction in March 2005. Technological advancements, changed business practices and the code’s limited application—to only a small segment of those businesses engaging in e-marketing today—are some of the factors that contributed to the ACMA’s assessment. Existing protections in the Spam Act continue to provide appropriate community safeguards against spam.

86 | Chapter 2 Regulatory environment

Case study

Anti-spam regulation in Australia—10 years on

In seeking to gather and analyse spam, the ACMA has developed advanced—and globally recognised—technological solutions, with its Spam Intelligence Database and Australian Internet Security Initiative (see pages103-4) now used by hundreds of organisations to protect consumers and businesses from spam, malware, phishing and other threats to internet security. Recognising spam as a cross-jurisdictional problem, the ACMA has also helped establish, and been an active contributor to, international forums such as the London Action Plan.

Spam has been a moving target for the ACMA over the last decade. It is a global problem, with the number of businesses using online channels continually growing, and spammers leveraging technological and social change to proliferate their messages. Even still, the Spam Act has proven to be robust legislation and remains Australia’s centrepiece in the fight against spam.

The ACMA website has a dedicated anti-spam section with advice and tips on complying with the Spam Act.

In the 10 years since the inception of the Spam Act, the ACMA has become a world leader in the fight against spam. The Explanatory Memorandum to the introduction of the Act in December 2003 described the spam problem of the time as of ‘plague proportions and growing exponentially … causing immense frustration and reduced productivity for users, businesses and government agencies … threatening the viability of the internet as a reliable communications medium’. During the 10 years the Act has been in operation, the ACMA has seen a clear progression in the Australian public’s ability to manage the spam that appears in their inboxes. Australia has dropped from the 10th most prolific spam-relaying country in the world in 2004 to the 44th in 2013.

A key element of the ACMA’s fight against spam has been to adopt a multi-layered strategy which recognised from the start that the legislation would only be part of the solution. In addition to strongly enforcing the anti-spam rules, the ACMA has also focused on undertaking consumer and business education and awareness activities, building industry and global partnerships, and developing technological initiatives and solutions.

The ACMA has developed an effective graduated business compliance program that addresses potential non-compliance through education and informal warnings in the first instance. In 2014, only 12per cent of businesses required more than one contact from the ACMA to correct suspected compliance issues following a report or complaint from a member of the public. For businesses not so quick to act, cases may be escalated for more formal action— over the years, the ACMA has investigated some of Australia’s biggest household names about breaches of the Act and imposed over $1million in financial penalties.

ACMA Annual report 2013-14 | 87

Broadcasting compliance— complaints and investigations The ACMA conducts investigations into matters related to broadcasting codes of practice and compliance with obligations in the BSA, including licence conditions and program standards.

Most investigations are undertaken in response to complaints. The ACMA can investigate complaints made directly to it if they are about a licensee’s compliance with a licence condition or a program standard. The ACMA can also initiate investigations and conduct investigations at the direction of the minister.

Broadcasting codes of practice The ACMA’s co-regulatory role in dealing with complaints under industry codes is prescribed by the BSA.

Section123 of the BSA allows commercial, subscription, narrowcast and community sections of the broadcasting industry to develop codes of practice and submit those codes to the ACMA for registration. The ACMA must register a code if it is satisfied that:

> the code provides appropriate community safeguards for the matters that it covers

> the code was endorsed by a majority of providers of broadcasting services in that section of the industry

> members of the public have been given an adequate opportunity to comment.

National broadcasters notify their codes to theACMA.

Copies of the codes currently registered or notified to the ACMA are available on the ACMA website.

Licence conditions The BSA includes a number of licence conditions made by the Australian Parliament, including for captioning, tobacco advertising, political and election matter, material classified ‘Refused Classification’, local content and local presence. The ACMA also has the power to impose additional licence conditions on individual licensees.

Standards The ACMA may determine program standards where codes of practice fail or where no code is developed by industry. Compliance with program standards is a licence condition on relevant licensees.

Issues of particular concern to Australians are generally covered by program standards. There are currently program standards covering:

> Australian content on commercial television

> commercial influence on commercial radio current affairs programs

> children’s programming on commercial television

> anti-terrorism requirements for narrowcast services.

The ACMA’s enforcement powers under theBSA The ACMA has a range of powers with which to address breaches of the BSA, licence conditions, program standards or industry codes.

Where there has been a breach of a code, the ACMA may accept an enforceable undertaking for the purpose of securing future compliance with the code, or it may impose an additional licence condition under section43 of the BSA requiring a licensee to comply with the code.

In the event of a breach of a licence condition, including an additional licence condition imposed by the ACMA under the BSA, the ACMA has the power to give the licensee a remedial direction requiring compliance, or to suspend or cancel the licence. In the case of licence conditions imposed by the parliament, breaches can result in civil or criminal proceedings.

The ACMA may also informally agree to accept measures by broadcasters to improve compliance following breaches of codes of practice. For example, the ACMA has, on many occasions, agreed on measures with licensees involving action to address compliance problems.

Investigations conducted by the ACMA in2013-14 The numbers of complaints and investigations about radio and television licensees’ compliance with codes of practice, licence conditions and standards related to the BSA are provided in Table29. Investigations that attracted public comment are discussed below. Details of breach and non-breach findings by state and territory and category of broadcasting service are in Appendix6.

Table 29: Summary of broadcasting complaints and investigations for commercial, national, subscription and community broadcasters and datacasters, 2013-14

Written complaints and enquiries received 1,593

Written complaints and enquiries actioned within time frame of seven days 1,571 (98.6%)

Investigations completed 180*

Investigations resulting in breach findings ^ 45

Investigations of compliance with codes of practice 21

Investigations of compliance with BSA, licence conditions or standards 24

Investigations resulting in non-breach findings 132

Investigations of compliance with codes of practice 112

Investigations of compliance with BSA, licence conditions or standards 20

Investigations completed within time frame of six months 157 (87%)

*Includes two investigations that resulted in no findings and a third investigation that was concluded. ^

Investigations involving compliance with codes of practice may also involve licence conditions or standards. Forthe purposes of the annual report, these investigations have only been counted once. For further details, seeAppendix 6.

88 | Chapter 2 Regulatory environment

Investigation 2934—TCN Channel Nine Pty Ltd (TCN) (A Current Affair, broadcast 7November 2012) TCN Channel Nine’s A Current Affair breached three clauses of the Commercial Television Industry Code of Practice in a story entitled ‘All-Asian Mall’, which dealt with a plan for changes at a Sydney suburban shopping centre.

The ACMA investigation found that the broadcast:

> contained inaccurate factual material (clause4.3.1)

> placed a gratuitous emphasis on ethnic origin (clause4.3.10)

> was likely to provoke intense dislike and serious contempt on the grounds of ethnic origin (clause1.9.6).

In response to the breach finding and the ACMA’s recommendation, TCN agreed to make an on-air statement and also removed the segment from Channel Nine’s website.

Investigations 2947, 2952, 2953, 2954, 2960 and 2962—Harbour Radio Pty Limited (2GB) (Alan Jones Breakfast Show, broadcast on 17, 23 and 29 October 2012) Harbour Radio Pty Limited, the licensee of Sydney radio station 2GB, breached the accuracy obligations in the Commercial Radio Australia Codes of Practice 2011 in two broadcasts of the Alan Jones Breakfast Show.

Code 2.2(a) requires licensees, in the preparation and presentation of current affairs programs, to use reasonable efforts to ensure that factual material is reasonably supportable as being accurate.

The ACMA found 2GB did not make reasonable efforts to ensure the accuracy of:

> Comments made by Mr Jones on 17October 2012 about power station closures (Investigation2962). Here, the sources relied on by 2GB were contradicted by primary material readily available on the website of the owner of the power stations.

> Comments made by Mr Jones on 23October 2012 about salaries paid in the Department of Climate Change (investigations 2952, 2953 and 2954). Here, there was no evidence of 2GB’s efforts to ensure the accuracy of the comments.

A third complaint about the accuracy of comments made by Mr Jones on 29October 2012 concerning the NBN and other matters was not upheld (investigations 2947 and 2960). The ACMA found the comments broadcast were statements of opinion. The ‘accuracy’ obligation in the codes applies only to factual material.

The ACMA also found two breaches by 2GB of its complaints-handling obligations.

In investigations 2952, 2953 and 2954, 2GB submitted that it was not obliged to respond to a complaint it considered frivolous, vexatious or an abuse of the complaints process. The ACMA did not accept this submission, as the codes require licensees to provide a substantive response to a complaint, including information about the complainant’s right to refer the matter to the ACMA.

Issues of particular concern to Australians are generally covered by program standards. There are currently program standards covering:

> Australian content on commercial television

> commercial influence on commercial radio current affairs programs

> children’s programming on commercial television

> anti-terrorism requirements for narrowcast services.

The ACMA’s enforcement powers under theBSA The ACMA has a range of powers with which to address breaches of the BSA, licence conditions, program standards or industry codes.

Where there has been a breach of a code, the ACMA may accept an enforceable undertaking for the purpose of securing future compliance with the code, or it may impose an additional licence condition under section43 of the BSA requiring a licensee to comply with the code.

In the event of a breach of a licence condition, including an additional licence condition imposed by the ACMA under the BSA, the ACMA has the power to give the licensee a remedial direction requiring compliance, or to suspend or cancel the licence. In the case of licence conditions imposed by the parliament, breaches can result in civil or criminal proceedings.

The ACMA may also informally agree to accept measures by broadcasters to improve compliance following breaches of codes of practice. For example, the ACMA has, on many occasions, agreed on measures with licensees involving action to address compliance problems.

Investigations conducted by the ACMA in2013-14 The numbers of complaints and investigations about radio and television licensees’ compliance with codes of practice, licence conditions and standards related to the BSA are provided in Table29. Investigations that attracted public comment are discussed below. Details of breach and non-breach findings by state and territory and category of broadcasting service are in Appendix6.

Table 29: Summary of broadcasting complaints and investigations for commercial, national, subscription and community broadcasters and datacasters, 2013-14

Written complaints and enquiries received 1,593

Written complaints and enquiries actioned within time frame of seven days 1,571 (98.6%)

Investigations completed 180*

Investigations resulting in breach findings ^ 45

Investigations of compliance with codes of practice 21

Investigations of compliance with BSA, licence conditions or standards 24

Investigations resulting in non-breach findings 132

Investigations of compliance with codes of practice 112

Investigations of compliance with BSA, licence conditions or standards 20

Investigations completed within time frame of six months 157 (87%)

*Includes two investigations that resulted in no findings and a third investigation that was concluded. ^

Investigations involving compliance with codes of practice may also involve licence conditions or standards. Forthe purposes of the annual report, these investigations have only been counted once. For further details, seeAppendix 6.

ACMA Annual report 2013-14 | 89

In investigations 2947 and 2960, 2GB submitted that it did not receive the complaint. However, the complainant provided the ACMA with a fax transmission report showing that the complaint had been successfully sent to 2GB.

In these two matters, the ACMA found that 2GB was obliged to give a substantive response and breached the code when it failed to do so.

Investigation 3119—ABC (The Hamster Decides, broadcast on 11 September 2013) The ACMA found that an ABC television broadcast of The Hamster Decides, which contained a manipulated image of a journalist, Mr Chris Kenny, breached Standard7.1 of the ABC Code of Practice 2011.

Standard7.1 requires that content that is likely to cause harm or offence must be justified by its editorial context.

The ACMA found that the broadcast breached the standards because:

> it was intrinsically likely to have caused a high level of offence

> there were some factors that mitigated that offence but, notwithstanding that mitigation, it was still likely to offend

> while its editorial context was framed by the satirical nature of the program and other related considerations, its broadcast was nonetheless not justified by the editorial context.

In reaching its breach finding, the ACMA considered a number of circumstances, including the:

> comedic and satirical context of the skit

> extreme and disproportionate construct of the joke

> nature of the program’s target audience

> likely level of offence created by the skit’s strong image and coarse language

> identification of Mr Kenny in a way likely to leave a lasting impression.

The ACMA also found that the broadcast did not breach standards 7.2 and 7.3 of the ABC Code, which require appropriate classification and adequate classification labels, warnings and consumer advice.

Judicial reviews of ACMA broadcasting investigations Investigation 2472—Channel Seven Adelaide Pty Ltd (Channel Seven News, broadcast on 18 July 2010) In March 2012, the ACMA finalised Investigation 2472. The investigation found that a news segment broadcast by Channel Seven Adelaide Pty Ltd (SAS7) constituted a tobacco advertisement in contravention of section13 of the Tobacco Advertising Prohibition Act 1992 (TAP Act).

The licensee sought judicial review of the ACMA’s decision on several grounds. On 14August 2013, the Court upheld the ACMA finding that SAS7 had breached a licence condition by broadcasting a news segment on 18 July 2010 called ‘Cheap Cigarette Imports’.

On 4 September 2013, SAS7 lodged an appeal to the Full Federal Court against this decision. On 21 March 2014, the Full Court found that, in addition to deliberately broadcasting material that had the result of giving publicity to or promoting smoking, tobacco products, trademarks, the name of a person who manufactures tobacco products or designs associated with a tobacco product, it must be established that the broadcaster intended to promote or give publicity to these matters.

Investigation 2712—Channel Seven Adelaide Pty Ltd (Today Tonight, broadcast on 25July 2011) In July 2012, the ACMA finalised Investigation 2712, which found that a Today Tonight segment breached two clauses of the Commercial Television Industry Code of Practice. The segment was a report about a beauty clinic that conducted Intense Pulsed Light laser treatment on a patient that allegedly resulted in permanent skin damage.

The ACMA investigation found that the broadcast breached clause 4.3.1 (factual accuracy) and clause 4.3.11 (efforts to correct significant errors) of the code.

On 7 September 2012, the licensee commenced Federal Court proceedings seeking judicial review of the ACMA’s finding on accuracy. The hearing was held on 27 and 28 February 2013. On 26 June 2014, the Court dismissed the application, and held that it was open to the ACMA to make the findings of breach that it had made and that the finding was not affected by legal error as alleged by the licensee.

90 | Chapter 2 Regulatory environment

Investigation 2741—Channel Seven Brisbane Pty Ltd (Sunday Night, broadcast on 4September 2011) In August 2012, the ACMA finalised Investigation 2741 about a Sunday Night report on the Suruwaha tribe in the Amazon Jungle in Brazil. The ACMA’s investigation found that the broadcast breached clause4.3.1 (factual accuracy) and clause1.9.6 (provoke or perpetuate intense dislike and serious contempt).

On 7 September 2012, the licensee commenced Federal Court proceedings seeking judicial review of the ACMA’s finding. The hearing was held on 27 and 28 February 2013. On 26June 2014, the Court dismissed the application, and held that it was open to the ACMA to make the findings of breach that it had made and that the findings were not affected by legal error as alleged by the licensee. As at the end of the reporting period, the appeal period for the Court’s decision had not yet expired.

Investigation 2803—Channel Seven Perth Pty Ltd (Sunday Night, broadcast on 4March 2012) In December 2012, the ACMA finalised Investigation 2803 about a Sunday Night report on the sinking of a mobile platform used for oil extraction purposes in the Gulf of Mexico during a hurricane in September 2011. The segment also focused on the actions of an Australian ship in the area at the time, which the program alleged had failed to come to the rescue of the crew of the mobile platform. The ACMA’s investigation found that the broadcast breached clause4.3.1 of the Commercial Television Industry Code of Practice in relation to factual accuracy and the requirement to represent viewpoints fairly.

On 21 February 2013, Channel Seven Perth Pty Ltd commenced Federal Court proceedings seeking judicial review of the ACMA’s findings. The hearing was held on 18October 2013. On 26June 2014, the Court dismissed the application, and held that it was open to the ACMA to make the findings of breach that it had made and that the findings were not affected by legal error as alleged by the licensee.

Investigation 2928—Today FM Sydney Pty Ltd (Summer30, broadcast on 4December2012) On 13 December 2012, the ACMA commenced an investigation into the broadcast by 2DayFM of a prank call to King Edward VII’s Hospital in London.

The focus of the ACMA’s investigation was on the compliance of the licensee, Today FM Sydney Pty Ltd, with its licence conditions and the Commercial Radio Australia Codes of Practice 2011. This included the licence condition at clause8(1)(g) of Schedule2 to the BSA (that the licensee will not use the broadcasting service in the commission of an offence—in this case, offences under the Surveillance Devices Act 2007 (NSW) and the Telecommunications (Interception and Access) Act 1979 (TIA Act) were identified as relevant).

On 18 June 2013, in response to the ACMA’s preliminary findings on the issue of the alleged breach of a licence condition, the licensee applied to the Federal Court for orders restraining the ACMA from continuing the investigation and making a finding that Today FM breached that condition.

Judgement was delivered on 7 November 2013. The Court found that the ACMA was empowered to make a finding that Today FM breached the condition of its licence that prohibits it from using its broadcasting service in the commission of an offence, irrespective of whether a criminal court makes a finding that an offence has been committed.

Today FM appealed the decision. On 14 March 2014, the Full Federal Court found that, as a matter of statutory construction, the ACMA cannot find a breach of the relevant licence condition in the absence of an antecedent (criminal) court finding.

On 11 April 2014, the ACMA filed an application for special leave to appeal to the High Court of Australia.

ACMA Annual report 2013-14 | 91

Community broadcasting enquiries During the reporting period, the ACMA received 1,026 enquiries about community broadcasting matters including:

> setting up a temporary or long-term community radio broadcasting service

> changing the technical specifications for the delivery of a community broadcasting service

> digital transmission of community radio or television services

> making a complaint about a community broadcasting service.

Of these enquiries, 98.7per cent (1,013) were actioned within a time frame of seven days.

Control The ACMA’s broader role in media ownership and control rules is discussed under Ownership and control on page38. There were no formal investigations into compliance with the ownership and control limits in the BSA in 2013-14.

Category-of-service opinions Section 21 of the BSA allows a person who is providing, or who proposes to provide, a broadcasting service to apply to the ACMA for an opinion as to which category of broadcasting service the service falls into. The ACMA did not give any category-of-service opinions during the reporting period.

Children’s Television Standards In 2013-14, the ACMA conducted four investigations into licensees’ compliance with the Children’s Television Standards 2009 (the CTS). The investigations were initiated by the ACMA under section 170 of the BSA and related to compliance for the 2013 and 2014 calendar years.

In February 2014, the ACMA opened an investigation into the three Nine Network licensees following assessment on programming reports submitted to the ACMA in 2013. The ACMA found each licensee had broadcast a total of 14 episodes of two programs—Kitchen Whiz (series two, four episodes) and The Day My Butt Went Psycho (10 episodes)—without the required ‘C’ classification. As a consequence of the breaches, the licensees failed to provide sufficient C material to satisfy quota requirements in the 2013 compliance period. The ACMA found the licensees breached CTS8(2)(a) (by providing 258.5hours of the 260-hour quota) and provided 124hours of first-release Cmaterial, breaching a provision of the Australian Content Standard, ACS14(1).

Also in February 2014, the ACMA opened an investigation into Channel Seven Adelaide following its notification of a disruption to children’s programming on 17January 2014. The licensee was found to have breached two provisions of the CTS (not providing at least 30minutes of Pmaterial in the Pband on 17January 2014, and broadcasting a G-classified program during a Pperiod). As remedial action, the licensee notified and broadcast additional preschool programming on 28February 2014.

Australian Content Standard As noted above, during 2013-14 the ACMA conducted investigations into four licensees’ compliance with the CTS. Three of these investigations also related to compliance with the Australian Content Standard (ACS). The ACMA found TCN Channel Nine (TCN), General Television Corporation (GTV) and Queensland Television (QTQ) breached ACS14(1) by failing to provide sufficient first-release Cprograms during the compliance period (124hours of a 130-hour requirement). Appropriate remedial action for these licensees will be finalised in the next reporting period.

92 | Chapter 2 Regulatory environment

Anti-siphoning provisions In the reporting period, the ACMA completed one investigation into the telecast of anti-siphoning events on commercial television. Investigation3223 found that a Nine Network licensee, Swan Television & Radio Broadcasters Pty Ltd, breached paragraph7(1)(ob) of Schedule 2 to the BSA by broadcasting Game1 of the 2014 National Rugby League State of Origin Series on Channel GEM (a HD multi-channel) on 28May 2014.

The ACMA also dealt with 17 complaints or enquiries about the availability of sports programs on free-to-air television. The majority of the complaints were about events not being broadcast live, in-full or at all (such complaints are not currently within the ACMA’s jurisdiction).

Other matters The ACMA continued to fulfil its regulatory functions during the reporting period in monitoring compliance with the:

> Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012

> Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2011

> Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011

> datacasting provisions of Schedule6 to the BSA.

ACMA Annual report 2013-14 | 93

Case study

New codes to limit betting odds and gambling ads during live sports broadcasts

> prohibit commentators from promoting betting odds during play, and for 30minutes before and 30minutes after thegame

> restrict generic gambling advertisements to before and after play, scheduled breaks in play and when play is suspended

> require gambling representatives to be clearly identified at all times

> prohibit gambling advertising that involves a gambling representative at or around, or appearing to be at or around, the ground at any time

> prohibit gambling representatives appearing as part, or as a guest, of the commentary team at any time.

On 30 July 2013, the ACMA registered broadcasting industry codes of practice to limit betting odds promotions and gambling advertising during live sports broadcasts.

The registration of the codes followed ACMA-commissioned research into community attitudes about gambling advertising in live sports broadcasts, which supported restricting these practices. The ACMA also worked with broadcasters to enhance and harmonise the codes so they provide appropriate community safeguards.

During live sports broadcasts on commercial radio, commercial television, subscription broadcast television and subscription radio, the codes:

> prohibit the promotion of betting odds from the start until the end of play (there are limited exemptions, including for the broadcast of multi-day sports and overseas live sport)

The codes do not apply to subscription broadcast television and subscription narrowcast television services that are delivered on a pay-per-view basis, an active choice by the viewer associated with a live sporting event (for example, an alternative commentary) or provided exclusively to commercial premises licensed to serve alcohol and not available for private or domestic use.

94 | Chapter 2 Regulatory environment

The codes provide a variety of exemptions for:

> live broadcasts of horse, harness or greyhound racing

> accidental and incidental references to gambling; for example, in-ground signage or players’ uniforms

> advertisements or promotions for government lotteries, lotto, keno or contests

> advertisements or promotions about entertainment or dining facilities where betting or gambling takes place (so long as the content does not draw attention to the gambling or betting)

> sporting events of extended duration; for example, tennis and golf tournaments, test cricket and multi-sport events (limited exemption)

> gambling advertisements or promotions in a live sporting broadcast originating outside Australia where:

> the licensee has not inserted the advertisement or promotion

> the licensee receives no consideration for the advertisement or consideration

> it is not practicable for the licensee to remove the advertisement or promotion.

The codes do not apply to subscription broadcast television and subscription narrowcast television services that are delivered on a pay-per-view basis, an active choice by the viewer associated with a live sporting event (for example, an alternative commentary) or provided exclusively to commercial premises licensed to serve alcohol and not available for private or domestic use.

ACMA Annual report 2013-14 | 95

Complaints under the conditional access scheme for satellite access todigitaltelevision Viewers who were refused access to VAST services by the scheme administrator can, under certain conditions, complain to the ACMA. The ACMA has the power to direct the scheme administrator to enable VAST access for viewers who cannot access terrestrial digital television services.

The ACMA received 22 complaints between 1July 2013 and 30June 2014. In 2013-14, the ACMA finalised the investigation of 35 complaints and issued 35 directions to the scheme administrator to grant VAST access to the complainants. One complaint was withdrawn as the affected viewer gained access to either VAST or terrestrial television services before the investigation was finalised. At the end of the reporting period, no complaints were still under investigation.

See also Restack coverage assessment project on page43.

Online content complaints The Online Content Scheme (branded as the ACMA Hotline for reporting offensive and illegal online content) is a mechanism for Australian residents and law enforcement to complain about a range of online content, and for the ACMA to take certain action where it finds prohibited or potential prohibited material. The ACMA Hotline is a longstanding member of the International Association of Internet Hotlines (INHOPE), whose member hotlines deal with complaints about illegal internet content, including child abuse material.

The ACMA Hotline:

> investigates all valid complaints about potentially offensive or illegal online content

> directs take-down of prohibited content if it is hosted in Australia

> notifies prohibited URLs to optional end user (PC-based) filters

> notifies all potentially illegal content to law enforcement

> notifies all overseas-hosted child sexual abuse material to the Australian Federal Police (AFP) or INHOPE for rapid police action and take-down in the host country.

The ACMA Hotline received 4,051 complaints in the period 1July 2013 to 30June 2014, a 13per cent decrease on 2012-13. Of the complaints received during the year, 50 were invalid as they did not contain information required under the BSA to enable the ACMA to conduct an investigation.

While complaint levels generally fell across the year, complaints alleging online child sexual abuse material rose significantly for the period—a 29per cent increase on 2012- 13. This rise appears to have occurred through an increased awareness of the ACMA’s regulatory role and a number of revised or new partnerships with law enforcement agencies in Australia.

A single complaint may lead to the investigation of multiple items, depending on the nature of the complaint and the content involved, with an ‘item’ referring to an individual article of content such as a web page, image or file. The ACMA finalised investigations into 11,164 individual items of content. Of these, 8,981 items of prohibited and potential prohibited content were identified (see Table30). Of these prohibited items, 99.9per cent were hosted overseas, with one item hosted in Australia.

During the reporting year, the number of child sexual abuse material items investigated rose to 7,663—a 551per cent increase on 2012-13. This significant increase in investigations followed the rise in complaints alleging child sexual abuse from members of the public and law enforcement (81per cent of all complaints received alleged child sexual abuse material) and the implementation of a new online complaints management system.

Over 99per cent of investigations into child sexual abuse material items were completedwithin two business days. All child sexual abuse items were notified to the AFP and/or the INHOPE network for law enforcement investigation and rapid take-down in the host country.

During 2013, 95per cent of all investigations about online content were completed within 20 business days.

A total of 578 investigations were terminated because the ACMA was unable to obtain sufficient information on which to base a decision, usually because the content identified in the complaint could not be located. The ACMA also referred 30 items of content to the Classification Board for formal classification under the National Classification Scheme.

Table 30: Prohibited/potential prohibited internet content 2013-14, items actioned

Actual or likely classification and description of online content Online content hosted in or provided from Australia

(take-down, service-cessation or link-deletion notice issued, or removed after referral to police)

Internet content items hosted overseas (referred to makers of filters)

Total

MA 15+ (Strong-impact content)

0 0 0

R 18+ (High-impact content)

0 157 157

X 18+ (Explicit sexual content)

0 906 906

RC 1(a) (Refused Classification content for a range of matters, including offending against standards of morality and decency and revolting and abhorrent phenomena)

0 248 248

RC 1(b) (Refused Classification content for offensive depictions/descriptions of children)

0 7,663 7,663

RC 1(c) (Refused Classification content for instruction, incitement or promotion of crime or violence)

1 6 7

RC 1(d) (Computer games that are unsuitable for a minor to see or play)

0 0 0

RC 9A (Refused Classification content for advocating terrorist acts)

0 0 0

Restricted Cat 1—Publication (Explicit nudity and high-end content)

0 0 0

Restricted Cat 2—Publication (Explicit sex, fetishes and high-end content)

0 0 0

Total 1 8,980 8,981

96 | Chapter 2 Regulatory environment

A total of 8,980 overseas-hosted prohibited or potential prohibited items of internet content investigated were referred to the makers of optional end user internet software filters under Schedule5 of the BSA and the registered internet codes of practice for dealing with such material.

A final ‘take-down’ notice was issued for one item of Australian-hosted prohibited content. No service-cessation notices were issued for live content services provided from Australia and no link-deletion notices were issued to link service providers with an ‘Australian connection’. The Australian hosting service provider complied with the direction to take down prohibited content. There has been 100per cent compliance with such take-down notices across the life of the Online Content Scheme.

Under the BSA, prohibited content is defined with reference to the classification categories set out in the National Classification Scheme. Approximately 88per cent of items that were prohibited or potential prohibited were, or were likely to be, Refused Classification. Of Refused Classification items, or items likely to be Refused Classification, 97 per cent constituted an exploitative or offensive depiction or description of a child.

The ACMA Hotline received 4,051 complaints in the period 1July 2013 to 30June 2014, a 13per cent decrease on 2012-13. Of the complaints received during the year, 50 were invalid as they did not contain information required under the BSA to enable the ACMA to conduct an investigation.

While complaint levels generally fell across the year, complaints alleging online child sexual abuse material rose significantly for the period—a 29per cent increase on 2012- 13. This rise appears to have occurred through an increased awareness of the ACMA’s regulatory role and a number of revised or new partnerships with law enforcement agencies in Australia.

A single complaint may lead to the investigation of multiple items, depending on the nature of the complaint and the content involved, with an ‘item’ referring to an individual article of content such as a web page, image or file. The ACMA finalised investigations into 11,164 individual items of content. Of these, 8,981 items of prohibited and potential prohibited content were identified (see Table30). Of these prohibited items, 99.9per cent were hosted overseas, with one item hosted in Australia.

During the reporting year, the number of child sexual abuse material items investigated rose to 7,663—a 551per cent increase on 2012-13. This significant increase in investigations followed the rise in complaints alleging child sexual abuse from members of the public and law enforcement (81per cent of all complaints received alleged child sexual abuse material) and the implementation of a new online complaints management system.

Over 99per cent of investigations into child sexual abuse material items were completedwithin two business days. All child sexual abuse items were notified to the AFP and/or the INHOPE network for law enforcement investigation and rapid take-down in the host country.

During 2013, 95per cent of all investigations about online content were completed within 20 business days.

A total of 578 investigations were terminated because the ACMA was unable to obtain sufficient information on which to base a decision, usually because the content identified in the complaint could not be located. The ACMA also referred 30 items of content to the Classification Board for formal classification under the National Classification Scheme.

Table 30: Prohibited/potential prohibited internet content 2013-14, items actioned

Actual or likely classification and description of online content Online content hosted in or provided from Australia

(take-down, service-cessation or link-deletion notice issued, or removed after referral to police)

Internet content items hosted overseas (referred to makers of filters)

Total

MA 15+ (Strong-impact content)

0 0 0

R 18+ (High-impact content)

0 157 157

X 18+ (Explicit sexual content)

0 906 906

RC 1(a) (Refused Classification content for a range of matters, including offending against standards of morality and decency and revolting and abhorrent phenomena)

0 248 248

RC 1(b) (Refused Classification content for offensive depictions/descriptions of children)

0 7,663 7,663

RC 1(c) (Refused Classification content for instruction, incitement or promotion of crime or violence)

1 6 7

RC 1(d) (Computer games that are unsuitable for a minor to see or play)

0 0 0

RC 9A (Refused Classification content for advocating terrorist acts)

0 0 0

Restricted Cat 1—Publication (Explicit nudity and high-end content)

0 0 0

Restricted Cat 2—Publication (Explicit sex, fetishes and high-end content)

0 0 0

Total 1 8,980 8,981

ACMA Annual report 2013-14 | 97

Complaint and investigation figures, 2013-14 While complaint figures have stabilised in comparison with previous years, they nevertheless remain high in historical terms. Some reasons for this include:

> increased numbers of Australian families online

> greater community awareness of dangers posed by harmful content

> improved understanding of how to report suspected prohibited content to the ACMA Hotline

> deepened engagement between the ACMA and Australian law enforcement agencies.

During the reporting period, ACMA awareness-raising initiatives also added to the greater community knowledge of the complaints mechanism. These included:

> activities during National Child Protection Week 2013

> an infographic on the effectiveness of the ACMA’s investigations into child sexual abuse material in the calendar year 2013.

Table30 shows the breakdown by content type of online content items actioned as a result of completed investigations in which prohibited or potential prohibited content was located.

As shown in Figure4, the US continued to account for the majority of prohibited/ potential prohibited online content provided from outside Australia.

Memorandums of understanding with Australian police forces In 2013-14, the ACMA concluded a number of revised MoUs with Australian police forces in New South Wales, Tasmania, South Australia and Western Australia. A new MoU between the ACMA and Northern Territory Police is also the first time such an arrangement has been concluded between the two agencies.

The agreements allow the ACMA to notify sufficiently serious content to state and territory police forces where there is evidence that the content is being provided or accessed from, or has been produced in, the relevant jurisdiction.

Sufficiently serious content includes child sexual abuse material, content providing instruction in crime or violence, and material advocating the doing of a terrorist act.

In addition to the above revised arrangements, the ACMA also formed a new agreement with Crime Stoppers Australia that better directs Australians to the appropriate mechanisms for reporting illegal material.

Figure 4: Prohibited or potential prohibited internet content by host location, 2013-14

73.2%

United States Netherlands Japan Canada Russia Other Luxembourg Australia

8.3%

5.8%

4.2%

4.0%

1.1%

3.4%

0.01%

98 | Chapter 2 Regulatory environment

National Child Protection Week 2013 The ACMA Hotline participated in National Child Protection Week (1-7 September 2013) to raise awareness of how online child sexual abuse material is combated. This annual national campaign is an initiative of the National Association for Prevention of Child Abuse and Neglect (NAPCAN).

During the week, the ACMA Hotline undertook 418 investigations into child sexual abuse material based on complaints—a four-fold increase on the previous year’s activities. All of the content was hosted overseas.

The content investigated during the week contained more than 4,700 exploitative images of children—4,280 of girls and 440 of boys.

All images investigated were notified to either the AFP and/or INHOPE for rapid law enforcement notification and take-down in the host country.

Figure 5: Comparison of interactive gambling assessment outcomes in 2013-14 by host location—IGA

30%

Potential prohibited (Australian-hosted)

Prohibited (overseas-hosted)

Not prohibited (overseas-hosted)

Not prohibited (Australian-hosted)

24%

24%

22%

Interactive gambling In 2013-14, the ACMA received 121 complaints and general enquiries about the Interactive Gambling Act 2001 (IGA). The ACMA conducted:

> 23 investigations into overseas-hosted URLs, of which 11 resulted in breach findings and were notified to accredited family-friendly filter providers 7 and the AFP

> 25 preliminary assessments of Australian-hosted URLs, of which 10 were referred to the AFP8

> 45 interactive gambling advertising referrals to DoC.

The ACMA continued its partnerships with the AFP and DoC by sharing information and expertise.

7 In accordance with the code of practice registered under the IGA. 8 Under section 20(3)(a) of the IGA, the ACMA must not investigate a complaint about Australian-hosted content. However, it may, if it considers it warranted, refer the complaint to an Australian police force.

ACMA Annual report 2013-14 | 99

National interest issues

Agencies involved in the national security of Australia and law enforcement and emergency services have special operational requirements in the telecommunications industry. The ACMA administers the applicable law under the Telecommunications Act and liaises with representatives of agencies and the telecommunications industry.

Identity-checking requirements for prepaid mobile phone services The ACMA is responsible for making and administering a determination that requires CSPs to obtain and verify identity information about the purchasers and service activators of prepaid mobile services.

On 30 October 2013, the ACMA made the Telecommunications (Service Provider— Identity Checks for Prepaid Mobile Carriage Services) Determination 2013 under section99 of the Telecommunications Act. The determination revoked and replaced an earlier determination, and introduced changes to streamline the identity verification requirements for prepaid mobile services and enhance their effectiveness.

While core obligations from the previous determination largely remain, the new determination allows mobile providers to verify a person’s identity information through a range of new methods. These include confirming an existing post-paid account and using government online verification services.

The new identity verification methods in the determination were developed by a joint industry and government working group.

Industry is moving to take advantage of the efficiencies of the new rules—a number of mobile providers are close to completing the IT upgrades required to use the new government online verification services supported under the determination.

Interception exemption for trialservices Section 193 of the TIA Act gives service providers the opportunity to trial new services before committing expenditure on interception capability. The ACMA can grant an exemption from the obligation to provide interception capability if, after consulting with appropriate interception agencies, it is satisfied that this is unlikely to create a risk to national security or law enforcement.

There were no exemptions granted during 2013-14.

Disclosure of customer information to law enforcement and national security agencies Customer information provided by telecommunications carriers and CSPs to law enforcement and national security agencies is protected under Part13 of the Telecommunications Act. Carriers and CSPs are prohibited from disclosing that information to other parties except in limited circumstances. Those circumstances generally relate to:

> assisting in investigations by law enforcement or national security agencies, or the ACMA, ACCC, TIO or TUSMA

> assisting where there is an imminent threat to a person’s life or health

> satisfying the business needs of other carriers and CSPs.

The ACMA is required under paragraph57(2)(f) of the ACMA Act to include in its annual report information on disclosures of customer information made during the reporting year. The number and type of disclosures made during 2013-14, as reported to the ACMA under section308 of the Telecommunications Act, are provided at Appendix10.

Disclosure of Integrated Public Number Database data for telephone-based emergency warning systems Part 13 of the Telecommunications Act allows information contained in the Integrated Public Number Database (IPND) to be disclosed for the testing and operation of telephone-based emergency warning systems by state and territory governments.

100 | Chapter 2 Regulatory environment

Appendix 10 provides the number of telephone numbers that have been disclosed for this purpose in the reporting period, a description of the emergency or likely emergency, and the location and number of persons to whom the information was disclosed under subsections 295V(1) or 295V(2) of the TelecommunicationsAct.

Emergency call service The emergency call service is a national operator-assisted service that connects emergency callers free-of-charge to state and territory emergency service organisations (ESOs)—police, fire and ambulance. The service is provided by the following emergency call persons:

> Telstra, for the emergency service numbers 000 and 112

> Australian Communication Exchange, for the emergency service number 106, used by people who are deaf or hearing-/ speech-impaired.

Emergency Call Service Advisory Committee The ACMA convenes the Emergency Call Service Advisory Committee (ECSAC) as a formally constituted advisory committee. ECSAC provides a forum for representatives of the telecommunications industry, emergency call persons and emergency service organisations to provide advice to the ACMA and discuss priority issues affecting the operation of the service. ECSAC met once in 2013-14 and provided advice on a range of matters. Details of ECSAC members are provided at Appendix2.

Reducing the volume of non-emergencycalls An ongoing objective for emergency service delivery has been to reduce the volume of calls to Telstra as the ECP for 000 and 112 that are not related to an emergency. Of the 8.48million calls made to the ECP during 2013-14, 5.74million were connected through to an ESO.

Calls that are categorised as non-emergency may include instances of accidental calls (a particular issue with mobile phones), nuisance calls, calls for assistance that are not time-critical and calls to services that are not accessible through the emergency call service, such as state emergency services.

Since Telstra’s introduction of a short recorded voice announcement for the Triple Zero service on 19December 2008, the number of calls to Triple Zero reaching the ECP has reduced by about 30per cent, without any genuine calls being affected. Another effective measure to reduce non-emergency calls has been the implementation of an industry-agreed escalated warning process. On average, 99per cent of callers who receive a warning from the ECP are deterred from further misuse. Experience is showing that the risk of account suspension and police referral is acting as a significant deterrent.

Triple Zero Kids’ Challenge During the reporting period, the Triple Zero Awareness Work Group, an ECSAC working group, was active in developing initiatives aimed at improving awareness of Australia’s emergency call service, particularly among children. In August 2014, the Triple Zero Awareness Work Group (of which the ACMA is a member) launched smartphone and tablet application versions of the Triple Zero Kids’ Challenge to improve accessibility. The program aims to educate children aged between five and 10 about the emergency call service. Over 925,000 games have been played since its launch in May 2010.

Emergency+ app In December 2013, the Triple Zero Awareness Work Group launched a new Emergency+ app for smartphones. When activated, the Emergency+ app gives users their GPS reference, which they can provide orally to an emergency call-taker to pinpoint their physical location. The app also contains contact numbers and a short explanation of when to call non-emergency numbers such as the Police Assistance Line and the national State Emergency Service (SES) number. There have been over 90,000 downloads of the Emergency+ app since the launch.

Complaints and investigations about the Triple Zero service During the reporting period, the ACMA received a small number of complaints and enquiries about the Triple Zero service. Most of these related to the handling of calls by an ESO (and not to Telstra as the ECP for 000 and 112), and were referred to the relevant organisation for a response. In May 2014, the ACMA finalised an investigation into alleged failure to provide Triple Zero access, with a no breach finding due to insufficient evidence.

ACMA Annual report 2013-14 | 101

TPG Federal Court judgement In April 2014, the Federal Court of Australia ordered TPG Internet to pay penalties totalling $400,000 for contraventions of the Telecommunications (Emergency Call Service) Determination 2009.

This followed an investigation by the ACMA into a complaint about a failure to connect a call made to the Triple Zero emergency call service on a home telephone service supplied by TPG Internet. The call was made in circumstances where an individual required urgent medical attention.

During the course of the ACMA’s investigation, TPG Internet advised that, as a result of an error in a software upgrade to its systems, from 15March 2011 to 21September 2011 the end users of 5,979 home telephone services, whose customers had failed to maintain an appropriate credit balance, did not have access to the Triple Zero emergency call service until the credit balance was restored. Telephone records provided by TPG Internet indicated that, during the relevant period, 193 calls were made to Triple Zero on 100 of those home telephone services and none was connected.

Integrated Public Number Database The IPND is a telecommunications industry-wide database of all listed and unlisted public numbers and their associated customer data. Law enforcement agencies and emergency services regularly access customer data from the IPND and it is critical that the data is accurate for these purposes.

In addition to ongoing compliance activity to improve data quality in the IPND, the ACMA continued to contribute to the IPND review conducted by DoC.

CSP compliance with IPND requirements The ACMA’s compliance program includes a package of measures developed to improve compliance by CSPs with their IPND-related regulatory obligations and, in so doing, improve the quality and completeness of data contained in the IPND.

In 2013-14, a key compliance activity was to monitor, on a monthly basis, the percentage of customer records each data provider has in the IPND with one or more errors, as identified by the IPND Manager. This monitoring resulted in the ACMA raising compliance issues with 15 CSPs. All 15 CSPs contacted by the ACMA have taken steps to improve the quality of the customer data they provide to the IPND Manager.

Lycamobile enforceable undertaking over IPND rule breaches In September 2013, the ACMA accepted an enforceable undertaking from Lycamobile, following an investigation that found it had breached its obligations to provide accurate customer information to the IPND.

The enforceable undertaking commits Lycamobile to:

> upgrade its data collection and error correction processes

> audit its existing records against address validation software

> instigate a comprehensive training and education process

> regularly report to the ACMA for two years.

Since the enforceable undertaking was accepted, the quality of Lycamobile’s customer data has improved significantly, with the percentage of incorrect customer records at a fraction of previous levels.

102 | Chapter 2 Regulatory environment

Cybersecurity During 2013-14, the average number of compromises—malware infections on computers—reported per day to internet service providers (ISPs) and educational institutions participating in the ACMA’s Australian Internet Security Initiative (AISI) was 25,839 (up to 27 May 2014). This was an increase of approximately 52per cent on the previous year, primarily due to the proliferation of a new malware type, ZeroAccess, which started in August 2013.

Since 27 May 2014, as a result of the implementation of the AISI2.0 project, AISI members have received daily reports listing most observations of malware infections in their networks. Previously, they received only a single report for each infected IP address in each 24-hour period. As a consequence of this change, figures showing the number of reports sent to AISI members before and after 27May are not comparable. Between 28May and 30June 2014, 1.66million observations of malware infections were reported to AISI members.

The number of AISI participants increased from 133 at 30June 2013 to 139 at 30June 2014. It is estimated that the internet protocol (IP) address ranges used by these AISI members account for 98per cent of allocated Australian IP address ranges.

Reports of spam provided to the ACMA can indicate ‘phishing’ activities—the use of electronic messages to acquire significant personal or financial information from users. Since 2011-12, the ACMA has provided notifications of URLs appearing in phishing messages to government agencies such as the Australian Taxation Office, and critical infrastructure providers such as carriers and financial institutions. In 2013-14, a monthly average of 3,866 phishing notifications wassent.

In support of these activities, in 2013-14 the ACMA has:

> Published on its website statistics on the number and types of malware infections reported each day through the AISI to participants, updated daily.

> Increased data on compromised computers feeding into the AISI in order to enhance the detection of compromises. Over 17 sources provide regular data into the AISI, including, in May 2014, an agreement for Microsoft to supply the ACMA with data from the Microsoft Cyber Threat Intelligence Program.

These activities form part of the whole-of-government effort to address cybersecurity risks. In support of this effort, the ACMA also provides data to law enforcement authorities and to CERT Australia that help in identifying current and new cybersecurity threats.

ACMA Annual report 2013-14 | 103

Case study

AISI 2.0 portal

In response to feedback from AISI members, the ACMA upgraded AISI data and provided a self-service model through its AISI2.0 project. The project culminated on 16June 2014 when the AISI portal was made available to AISI members.

Historically, the AISI provided daily reports to members by email with basic information about sightings of malware infections on their networks. These reports provided the last observation of a particular infection type within a 24-hour period. Given the number of internet-enabled devices connected to home and small-business networks has increased in recent years, it was important to give AISI members, including ISPs, better searchable information to help them identify the infected customer equipment, and advise and help their customers with remediation.

The AISI portal now provides members with access to information, including remote and local port information, about all observations of infections on their networks. Searches and reports can be exported into members’ systems, allowing them to couple AISI information with their own data. It is anticipated that AISI2.0 will be central to reducing the risk of malware threats for Australian consumers in 2014-15.

104 | Chapter 2 Regulatory environment

International matters

During the reporting period, the ACMA pursued a defined international engagement strategy to complement its overall strategic direction. Improving its ability to influence regulatory outcomes—as well as supporting the ACMA’s aspirational objective to be, and be recognised as, the world’s leading converged communications regulator—are objectives of the international engagement strategy. The ACMA engages internationally to:

> meet its strategic objectives and legislative requirements where these require international activity, including the areas of online content, spam, e-security, cybersafety, radiocommunications and telecommunications

> support Australia’s domestic needs and whole-of-government objectives, including trade, international competitiveness and regulatory capacity

> support external positioning objectives, which uphold the ACMA as a credible source of advice to government and industry on international matters.

> develop relationships with fellow regulators and strengthen bilateral relationships with regional authorities and standards development bodies.

International spectrum activities The ACMA’s international spectrum activities include key preparatory work for the 2015 ITU World Radiocommunication Conference (WRC-15), to be held in Geneva from 2 to 27 November 2015. In total, 155 Australian delegates participated and 58 Australian contributions were presented at national, regional and international radiocommunications meetings.

Meetings of the ITU Radiocommunication (ITU-R) and Telecommunication Standardization Sectors (ITU-T) > The ACMA led Australian delegations

to a total of 43 ITU-R Study Group and Working Party meetings. Much of this work focused on studies associated with WRC-15 Agenda items as well as standards for international radiocommunications and spectrum activities.

> The ACMA facilitated inputs to ITU-T meetings, including Australian delegations to ITU-T Study Group 5 and Study Group 16 meetings.

Meetings of the Asia-Pacific Telecommunity(APT) > 37th session of the APT ManagementCommittee,

Vientiane, 5-11 November 2013 Led by DoC and the ACMA, the Australian delegation secured arrangements to host the third meeting of the APG15 in Australia and the inaugural Training Workshop for APG15-3.

> 2nd APT Preparatory Group (APG15-2) Meeting for WRC-15, Bangkok, 10-15July 2013 The ACMA-led delegation helped to develop the outcomes of the meeting that were generally consistent with Australian Preliminary Views.

ACMA Annual report 2013-14 | 105

> APG 15-3, Brisbane, 9-13 June 2014 Hosted by the ACMA, and with 324 delegates from 28 of the 38 APT member administrations attending, the focus was to further develop Asia-Pacific regional views on WRC-15 Agenda items. It was also an opportunity for the domestically agreed Australian Preliminary Views to be further incorporated into the regional views. A Training Workshop was held in the lead-up to this event from 6 to 7June. For more information on APG 15-3 and the workshop, see the case study on page107.

> 2nd APT Preparatory Meeting for the 2014 ITU Plenipotentiary Conference (PP-14), Gold Coast, 26-30 October 2013; 3rd APT Preparatory Meeting for PP-14, Kuala Lumpur, 2-5 June 2014 The objective of these meetings was to prepare APT views and preliminary common positions for PP-14.

> Two meetings of the APT Wireless Group (AWG), Thailand, August 2013 and March 2014 The ACMA led the Australian delegation to these meetings, the objectives of which included developing cost-effective and timely radiocommunications solutions, sharing information on radiocommunication technologies and harmonising spectrum usage in the Asia-Pacific region.

Non-APT meetings and other events > 6th Multi-lateral Meeting of Administrations, 10-14 November 2013 This meeting reviewed an established

MoU on multilateral satellite network coordination for L-band geostationary mobile satellite services.

Other international activities > ACMA Chairman Chris Chapman attended the Asia-Pacific Regulators’ Roundtable from 14-15 October 2013

and an ITU/KCC International Training Program from 16-18 October 2013, both in the Republic of Korea.

> ACMA Deputy Chairman Richard Bean attended the eighth anniversary celebration of the National Communication Commission of Taiwan on 21February 2014; and the Family Online Safety Institute annual conference and the 3rd Annual Americas Spectrum Management Conference of Forum Global, both held in Washington DC, on 6 and 7 November 2013.

> The ACMA also hosted visitors from overseas communications and regulatory agencies. These visits facilitate collaboration and information exchange on international communications policy and regulation issues. This included delegations from Canada, People’s Republic of China, Papua New Guinea, Nigeria, Indonesia, Japan, the Republic of Korea, Kenya, Uganda, the US and France. Topics discussed included spectrum management and planning, rollout of broadband communications services, dealing with illegal online materials, universal service regulation, consumer protection, carrier licensing, TV broadcasting content regulation and the digital economy.

> The ACMA was represented at the INHOPE members’ meetings held in Amsterdam and Utrecht from 12 to 14November 2013, and in Warsaw from 10 to 12 June 2014. Members’ meetings provide a valuable forum for exchanging information and expertise on investigation techniques; highly sensitive reports; staff welfare; and other hotline management, technology and operational issues (see also Online content complaints on page96).

106 | Chapter 2 Regulatory environment

Case study

Regional spectrum cooperation— hostingAPG15-3

The World Radiocommunication Conference (WRC) is a forum for many key debates on spectrum and other critical international radiocommunications issues. As a key milestone to WRC-15, to be held in Geneva in November 2015, the ACMA hosted APG15-3 in Brisbane from 9 to 13 June 2014.

More than 350 delegates from 32 of the 38 APT member administrations attended APG15-3, the third of five APT Preparatory Group meetings. A key focus was to further develop the Asia-Pacific regional views on WRC-15 Agenda items.

The ACMA manages a very extensive preparatory process for the WRC and, through this process, develops the views for Australia’s future spectrum requirements. APG15-3 was an important opportunity to integrate agreed Australian Preliminary Views on WRC issues into the regional views developed at the meeting. This objective was achieved, with Australian Views often providing a basis for the final regional views. The Australian delegation and the ACMA provided leadership and helped negotiate difficult decisions during the meeting.

In hosting the event, the ACMA led one of Australia’s largest ever delegations to an international radiocommunication meeting, with a total of 50 delegates registered. Bilateral meetings were also organised between senior ACMA delegation members and key regional and international representatives.

Immediately prior to APG15-3, the ACMA also hosted the first APG Training Workshop. The objective of the workshop was to help APG delegates from developing countries to better understand the complex and demanding processes of the regional APG meetings. More than 80 people from 22 APT member countries participated in the workshop, including many senior office-bearers from the APG and ITU representatives.

The two-day workshop covered detailed presentations on APG meeting process and interactive sessions on writing, presenting and debating contributions to the meeting. The workshop was enthusiastically received and the ACMA anticipates the training activity to be a feature of future APG meetings.

More than 350 delegates from 32 APT member administrations attended the ACMA-hosted APG15-3 meeting inBrisbane.

ACMA Annual report 2013-14 | 107

Chapter 3 Content regulation and consumer information

Chapter 3 reflects the ACMA’s key result areas related to:

> Outcome 1: A communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice

> Program 1.2: Consumer safeguards, education and information.

The ACMA’s responses to the performance information set out below for Program1.2 can be found throughout the chapter, noting that matters of compliance and enforcement are addressed in Chapter2.

Program 1.2: Consumer safeguards, education and information

Program 1.2 Key performance indicators

> The community has access to sufficient information to enable it to make informed decisions about communications products and services.

> Effective community safeguards are implemented and maintained.

> Research is undertaken, and stakeholders engaged, to maximise the extent to which information, standards and safeguards address the broad concerns of the community.

Program 1.2 Deliverables

> Deliver information programs to raise awareness of rights and responsibilities, including safety issues.

> Report on industry compliance with statutory consumer safeguards available within required timeframes.

> Develop cybersafety education programs which are research based and educationally sound.

> Undertake consultation at regular intervals to receive information and advice on matters affecting consumers of communications services.

> In co-operation with industry, undertake reviews of communications standards, codes and determinations within appropriate timeframes.

> Raise awareness of Australia’s spam and Do Not Call legislation among consumers, businesses and the telemarketing and e-marketing industries through education programs and publications.

ACMA Annual report 2013-14 | 109

The ACMA’s role

The ACMA’s role includes informing the community about communications matters and delivering effective consumer protection. To this end, the ACMA provides information to facilitate informed decisions about communications products and services. Industry-developed codes of practice set out the requirements to meet service and information provision obligations.

Australian content in advertising Television Program Standard 23—Australian Content in Advertising requires that commercial television broadcasting licensees each year provide at least 80 per cent Australian-produced advertisements between 6am and midnight. Following an extended period of high self-reported compliance, and noting a desire for red-tape reduction, the ACMA considered the program standard to be more efficiently monitored by other compliance means. As such, no compliance returns were required by licensees for the 2013 period.

Australian content All metropolitan commercial television broadcasting licensees reported meeting main channel (55per cent) and multi-channel (730hours) transmission quotas for Australian content.

The transmission quotas apply to programs televised by free-to-air commercial broadcasters between 6am and midnight each calendar year and are specified by the BSA. Australian content on commercial television’s main broadcasting channels remained high, with the Seven Network providing an average of 69per cent local programming, the Nine Network an average of 65per cent and Network Ten an average of 59per cent.

2013 marked the first year of the new transmission quota for broadcasters’ multi-channels. This new Australian content obligation was comfortably met by all metropolitan broadcasters by more than double the minimum requirement. The multi-channel quota increased to 1,095hours in 2014, and increases to1,460 hours in 2015 and beyond.

In addition, there are specific minimum annual sub-quotas for first-release Australian drama, documentary and children’s programs, as well as sub-quota requirements for repeat children’s programs and Australian preschool programs that licensees must meet on their core/primary commercial television service. Notably, 2013 marked the final year of the latest triennial period for adult drama. For the period 2011-13, all commercial television metropolitan licensees reported meeting the 860-point drama score:

> Seven Network licensees averaged 911points

> Nine Network licensees averaged 876points

> Network Ten licensees averaged 870points.

In 2013, three Network Nine licensees failed to provide minimum first-release Australian C programming, with 124hours of the minimum 130-hour requirement. Appropriate remedial action for these licensees will be finalised in the next reporting period. All other metropolitan licensees reported compliance with the sub-quota requirements in 2013.

Australian music code Code 4 of the Commercial Radio Codes of Practice sets quotas for the broadcast of Australian music by commercial radio licensees, for analog and digital-simulcast services. The ACMA’s role is to investigate relevant valid code complaints.

The Australian Recording Industry Association (ARIA) monitors and reports on commercial radio stations’ compliance with their obligation under code4. ARIA’s most recent annual report on the performance of Commercial Radio Australia members for code 4 is available at aria.com.au.

110 | Chapter 3 Content regulation and consumer information

Children’s television In 2013, the amount of first-release Australian children’s drama broadcast reported by the metropolitan networks averaged more than the 25-hour quota:

> Seven Network licensees averaged 27hours (32.5hours in 2012)

> Nine Network licensees averaged 27.5hours (32hours in 2012)

> Network Ten licensees averaged 34hours (25hours in 2012).

Most metropolitan licensees reported meeting the minimum quota requirements for children’s programming in 2013, with the exception of three licensees operated by Nine Network. Following investigations undertaken in 2014, the ACMA found the licensees—TCN Channel Nine (TCN), General Television Corporation (GTV) and Queensland Television (QTQ)— provided 258.5 hours of C programming in 2013, below the minimum 260-hour quota required by CTS 8(2)(a).

Table 31: Children’s and preschool program classification, 2012-13 and 2013-14

2012-13 2013-14

Applications granted classification

Applications refused classification*

Applications granted classification

Applications refused classification*

Children’s programs 9 1 8 1

Children’s programs—drama 12 1 16 0

Provisional—children’s 8 0 7 0

Provisional—preschool 2 0 1 0

Preschool programs 5 0 7** 0

Total 36 2 39 1

*These programs failed to satisfy the criteria in the CTS. **Includes three renewals of classification.

Children’s and preschool programs During 2013-14, the ACMA assessed 40 applications for classification of children’s and preschool programs, including the renewal of classification for three preschool programs. Only one application was refused classification. This compares with 38 programs assessed and 36 granted classification in 2012-13 (see Table31).

Of these program classifications, 100per cent were completed within 60 days of the ACMA receiving a completed application.

A list of children’s television consultants and programs granted C or P classification is in Appendix5.

ACMA Annual report 2013-14 | 111

Case study

Hanging out for a guide to C & P classification applications

On 22 August 2013, the ACMA hosted a Google Hangout to launch its Guide to the children’s television classification for applicants for C & P programs.

The Children’s Television Standards 2009 (CTS) require commercial television licensees to broadcast minimum annual quotas of children’s programming. All C (children’s) and P (preschool) programs must be classified by the ACMA before they are broadcast on free-to-air commercial television. The guide summarises the classification criteria and provides information about the assessment procedure and application requirements.

The event was streamed live over the internet and then uploaded to YouTube. It was hosted by the ACMA with four key industry participants:

> Cherrie Bottger, Head of Children’s Programming, Network Ten

> Suzanne Ryan, Executive Producer and CEO, SLR Productions

> Rebecca Mostyn, Program Manager, Screen Australia

> Emma Bain, CTS Program Classifier, ACMA.

The discussion dealt with several topics, including:

> the challenges of adapting programs as kids move to watching content on mobile devices like smartphones and tablets

> kids’ ongoing love of stories involving comedy, adventure and mystery, despite the changing ways in which they view content

> kids’ ability to differentiate between— and their preference for—programs made specifically for them (such as C-classified programs) and general classification

programs or those made for adults (according to a survey of kids for Screen Australia’s Child’s Play report)

> the importance of kids having access to Australian stories

> the significance of government support for children’s television through direct funding (Screen Australia), quotas (such as the CTS) and indirect funding (producer offset).

Participants also discussed applying to the ACMA for C or P classification, including:

> the importance of producers having a clear picture of the program and its audience before applying for classification

> the utility of provisional classification applications for new applicants and/or complex or atypical programs

> the need for the pace of the program to be relevant to the child audience and to maintain a child’s perspective.

The event was watched live by about 100 people and has since been viewed on YouTube more than 200 times.

Key industry experts joined the ACMA’s Google Hangout on C & P classification.

112 | Chapter 3 Content regulation and consumer information

Declaration of primary services In December 2013, Australia completed its transition from analog to digital-only television when the last analog broadcasting services were switched off.

From 1January 2009 in the lead-up to analog switch-off, commercial broadcasters were authorised to provide up to three multi-channelled commercial television broadcasting services in digital mode; two standard definition’ television (SDTV) and one ‘high definition’ television (HDTV) service.

In preparation for the switch to digital-only television, there was a transitional ‘simulcast period’, during which commercial broadcasters were required to simultaneously transmit both analog and digital signals using one of the SDTV services. Under subclause41G(2) of Schedule4 to the BSA, the ACMA may declare that after the end of the simulcast period, a specified SDTV multi-channelled commercial television service is a licensee’s primary commercial television broadcasting service in a licence area.

Under the BSA, different regulatory obligations for the application of program standards, captioning and certain provisions of the Commercial Television Industry Code of Practice 2010 apply to a licensee’s primary channel compared to its other multi-channels.

In November 2013, the ACMA made primary service declarations for the last licence areas to switch to digital-only television:

> Northern NSW TV1

> Sydney TV1

> Melbourne TV1

> Remote Central and Eastern Australia TV1and 2

> Mt Isa.

High definition broadcasting The HDTV quota requirement was previously applicable to commercial and national television broadcasting services in a mainland metropolitan area, as well as some broadcasters in non-remote areas. The obligation to broadcast 1,040hours of HDTV each year was operational until the end of the simulcast period in the relevant service area. Following the completion of analog switch-off in 2013, the obligation to meet the HDTV quota ceased. In the final compliance period, all broadcasters required to transmit the HDTV quotas complied.

The compliance results of national and commercial television broadcasters in the mainland metropolitan areas are in Table32.

Subscription television drama expenditure The new eligible drama (NED) expenditure scheme requires licensees and channel providers that provide subscription television drama services to spend at least 10per cent of their annual total program expenditure on eligible drama programs during a financial year.

Each year, scheme participants are required to provide annual returns by 29 August. As a result, only 2012-13 information is available for this annual report. For the 2012-13 compliance period, five licensees and eight channel providers supplied 33 eligible drama channels. All participants met their expenditure obligations for this period, reporting an expenditure on new eligible Australian drama of $13.70million (aggregated). Of that expenditure, $6.41million was nominated to acquit the expenditure shortfall for 2011-12. Similarly, for 2013-14, licensees and channel providers must spend a minimum of $25.76million on new eligible programs to acquit the remaining 2012-13 obligation.

Table 32: HDTV quota, 2013

Broadcaster HDTV hours (range hhhh:mm)

ABC 8432:00

SBS 2196:00 to 8220:00

Seven Network 1022:26 to 2297:30

Nine Network 1051:36 to 3540:30

Ten Network 3854:45 to 3873:45

ACMA Annual report 2013-14 | 113

During the 2012-13 period, the ACMA also reissued compliance certificates relevant to one channel provider for compliance periods from 2007 to 2011, following concerns raised by the channel provider of reporting practice discrepancies. Following an exhaustive review of administrative procedures by the ACMA and channel provider, the ACMA found the channel had maintained the minimum spend required to acquit its expenditure obligation in each of the compliance periods. Subsequently, the ACMA published updated industry compliance results for the relevant periods, as shown in Table33.

Captioning In September 2013, the ACMA received annual compliance reports on captioning obligations for national television broadcasters (the ABC and SBS), commercial television licensees and subscription television licensees.

The annual compliance reports indicated a high level of compliance with annual captioning target requirements during 2012-13, the first year for new television captioning obligations:

> All 50 commercial television broadcasting licensees (involving 72 services) and both national broadcasters (the ABC and SBS services in 20 coverage areas) met their annual captioning target requirements. In total, the 92 free-to-air (commercial and national) television services broadcast 528,401hours of captioned television programs in 2012-13 (6am to midnight), making up approximately 93per cent of the programming broadcast during this period.

> Ninety-nine per cent of subscription television services (661 out of 667) met their annual captioning target requirements. During the year, there were captioning services on 394 subscription television services (or 80 distinct subscription television channels—as the same channels provided by different licensees are treated as different services under the captioning legislation).

However, television service providers also reported breaches of captioning obligations during 2012-13:

> Both national broadcasters and 41 commercial television licensees reported instances of non-compliance with the basic captioning rule and/ or captioning requirements for repeat programs on multi-channels.

> Subscription television licensees’ annual compliance reports also indicated a few early implementation problems, especially for captioning requirements of repeat television programs.

The ACMA has taken an educative approach to breaches of the captioning annual compliance obligations during 2012-13, the first year of implementation. This is consistent with the approach the ACMA has previously adopted in the first year following the introduction of other new broadcasting regulations.

Table34 summarises the captioning breaches, excluding disregarded breaches.9

Exemption orders In December 2013, the ACMA received 41 applications for exemption orders (for 41 separate services) and no applications for target reduction orders. The ACMA made all 41 exemption orders for four individual subscription television licensees. The ACMA met the statutory requirement to make a decision on each application for exemption orders within 90 days of receiving the applications.

Table 33: Revised NED expenditure compliance, 2007-08 to 2012-13

2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

$million

NED expenditure requirement 23.08 26.11 27.74 30.87 28.82 33.41

Expenditure on NED 20.07 28.56 36.15 34.63 24.38 13.70

Expenditure nominated to make up previous year’s shortfall 10.48 13.88 11.32 12.11 6.81 6.41

Expenditure nominated towards current year’s NED requirement

9.16 14.79 15.59 24.05 22.53 6.42

Remaining obligation to be acquitted next financial year 13.92 11.32 12.15 6.81 6.41 25.76

Table 34: Captioning breaches, 2012-13

Captioning obligations

Free-to-air— number of services in breach

Subscription— number of services in breach

Description of obligations in 2012-13

Annual captioning target 0 Six services Free-to-air: 90per cent captioning 6am

to midnight across the year on core/primary services, with exceptions.

Subscription: 5-60per cent captioning across the year depending on service category, with exceptions.

(See notes below.)

Emergency warnings

0 0 Transmit emergency warnings in text and

speech and, if practicable, with captioning.

Basic rule— designated viewing hours (free-to-air)

53 services n/a Caption all programming between 6pm and

10.30pm each day (designated viewing hours) on core/primary service.

Basic rule—news and current affairs (free-to-air)

54 services n/a Caption all news and current affairs outside

designated viewing hours on core/primary service.

Multi-channel (free-to-air)

17 services n/a Caption repeated programs on a multi-channel

if those programs have previously been broadcast with captioning on the broadcaster’s core/primary service in the licence or coverage area.

Simulcast programming (subscription)

n/a Five services

(only one distinct channel involved)

Caption simulcast programs on the second service if the programs are simultaneously transmitted with captioning on the first service.

Repeat programming (subscription)

n/a 44 services (only

nine distinct channels involved)

Caption programs that have previously been transmitted with captioning and then repeated on the same or another subscription television service provided by the licensee.

Notes: Captioning obligations do not apply to exempt programs, which include foreign programs (wholly in a language other than English) and music programs that do not contain any human vocal content. In 2012-13, three commercial broadcasters had reduced annual targets of 80 per cent as a result of target reduction orders (unjustifiable hardship). Some subscription services were exempt from the annual captioning target in 2012-13 as a result of exemption orders (unjustifiable hardship) and nominations under section 130ZX of the BSA (a transitional measure that allowsexemption of certain services if the licensee has met the annual captioning target for the threshold number ofservices).

9 Breaches resulting from unforeseen technical difficulties were disregarded as provided by the captioning legislation.

114 | Chapter 3 Content regulation and consumer information

However, television service providers also reported breaches of captioning obligations during 2012-13:

> Both national broadcasters and 41 commercial television licensees reported instances of non-compliance with the basic captioning rule and/ or captioning requirements for repeat programs on multi-channels.

> Subscription television licensees’ annual compliance reports also indicated a few early implementation problems, especially for captioning requirements of repeat television programs.

The ACMA has taken an educative approach to breaches of the captioning annual compliance obligations during 2012-13, the first year of implementation. This is consistent with the approach the ACMA has previously adopted in the first year following the introduction of other new broadcasting regulations.

Table34 summarises the captioning breaches, excluding disregarded breaches.9

Exemption orders In December 2013, the ACMA received 41 applications for exemption orders (for 41 separate services) and no applications for target reduction orders. The ACMA made all 41 exemption orders for four individual subscription television licensees. The ACMA met the statutory requirement to make a decision on each application for exemption orders within 90 days of receiving the applications.

Table 33: Revised NED expenditure compliance, 2007-08 to 2012-13

2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

$million

NED expenditure requirement 23.08 26.11 27.74 30.87 28.82 33.41

Expenditure on NED 20.07 28.56 36.15 34.63 24.38 13.70

Expenditure nominated to make up previous year’s shortfall 10.48 13.88 11.32 12.11 6.81 6.41

Expenditure nominated towards current year’s NED requirement

9.16 14.79 15.59 24.05 22.53 6.42

Remaining obligation to be acquitted next financial year 13.92 11.32 12.15 6.81 6.41 25.76

Table 34: Captioning breaches, 2012-13

Captioning obligations

Free-to-air— number of services in breach

Subscription— number of services in breach

Description of obligations in 2012-13

Annual captioning target 0 Six services Free-to-air: 90per cent captioning 6am

to midnight across the year on core/primary services, with exceptions.

Subscription: 5-60per cent captioning across the year depending on service category, with exceptions.

(See notes below.)

Emergency warnings

0 0 Transmit emergency warnings in text and

speech and, if practicable, with captioning.

Basic rule— designated viewing hours (free-to-air)

53 services n/a Caption all programming between 6pm and

10.30pm each day (designated viewing hours) on core/primary service.

Basic rule—news and current affairs (free-to-air)

54 services n/a Caption all news and current affairs outside

designated viewing hours on core/primary service.

Multi-channel (free-to-air)

17 services n/a Caption repeated programs on a multi-channel

if those programs have previously been broadcast with captioning on the broadcaster’s core/primary service in the licence or coverage area.

Simulcast programming (subscription)

n/a Five services

(only one distinct channel involved)

Caption simulcast programs on the second service if the programs are simultaneously transmitted with captioning on the first service.

Repeat programming (subscription)

n/a 44 services (only

nine distinct channels involved)

Caption programs that have previously been transmitted with captioning and then repeated on the same or another subscription television service provided by the licensee.

Notes: Captioning obligations do not apply to exempt programs, which include foreign programs (wholly in a language other than English) and music programs that do not contain any human vocal content. In 2012-13, three commercial broadcasters had reduced annual targets of 80 per cent as a result of target reduction orders (unjustifiable hardship). Some subscription services were exempt from the annual captioning target in 2012-13 as a result of exemption orders (unjustifiable hardship) and nominations under section 130ZX of the BSA (a transitional measure that allowsexemption of certain services if the licensee has met the annual captioning target for the threshold number ofservices).

9 Breaches resulting from unforeseen technical difficulties were disregarded as provided by the captioning legislation.

ACMA Annual report 2013-14 | 115

Consumer safeguards

The ACMA monitors and reports on the service performance and compliance of telecommunications companies, including against consumer safeguards that establish minimum performance standards and information obligations.

International mobile roamingstandard The International Mobile Roaming (IMR) Standard came into effect on 27 September 2013. The IMR Standard was developed in response to a direction from the then Minister for Broadband, Communications and the Digital Economy. The standard requires providers to give consumers information about the cost of roaming when overseas and enable them to opt out of roaming services, in order to help minimise the risk and incidence of bill shock. It also requires CSPs to offer their customers spend management tools to help them manage expenditure while travelling.

Almost all Australian travellers are now receiving warning messages about international mobile roaming when they arrive at an overseas destination. The ACMA has reviewed the warning notifications sent by Telstra, Optus and Vodafone, and found all providers to be compliant. In accordance with the IMR Standard, customers of Telstra, Optus and Vodafone are also receiving pricing information via SMS, which helps mitigate the risk of bill shock.

Our video on the new IMR Standard highlighted how Aussie travellers can avoid bill shock when using mobile roaming services overseas.

Telecommunications Industry Ombudsman scheme Carriers and eligible CSPs have an obligation under the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) to join the TIO scheme. The scheme provides an alternative dispute resolution service for small-business and residential customers with unresolved complaints about their telephone or internet services.

The TIO may investigate, make determinations and give directions on complaints about carriage services by end users of those services. The TIO has the authority to make binding decisions up to the value of $30,000 and recommendations up to the value of $85,000.

TIO scheme membership Section 128 of the TCPSS Act requires that all CSPs (including ISPs) that provide services to residential and small-business customers must join the TIO scheme.

From 1 July 2013 to 30 June 2014, the TIO referred six companies that had not joined the TIO scheme to the ACMA. Two of these matters resulted in the provider being issued with a direction to join the TIO scheme.

The other four referrals remain the subject of ACMA investigations.

Non-compliance with the TIO scheme Following a referral from the TIO in September 2013, the ACMA commenced an investigation into a provider for failing to comply with the TIO scheme. The investigation found that the provider had failed to comply with a determination made by the TIO, and had therefore failed to comply with the TIO scheme, the TCPSS Act and subsequently the service provider rules set out at clause1 of Schedule2 to the Telecommunications Act. The ACMA issued the provider with a direction to comply with the TIO scheme, which was compliedwith.

Exemptions from the TIO scheme Section 129 of the TCPSS Act allows the ACMA to declare a carrier or eligible CSP exempt from the TIO scheme.

In 2013-14, the ACMA granted five exemptions from the obligation to join the TIOscheme.

116 | Chapter 3 Content regulation and consumer information

Customer Information Committee ACMA staff, in collaboration with Communications Alliance, are reviewing a number of regulatory and self-regulatory telecommunications instruments to identify areas for reform. The focus is on those instruments that do not require changes to legislation to be amended, including consumercodes.

The primary forum for this work is the Customer Information Committee (CIC), which is examining the current customer information provision requirements on the industry.

Other members of the CIC are representatives of Telstra, Optus, Vodafone, iiNet and ACCAN. The CIC has been meeting fortnightly since February 2014 and is expected to continue until identified reforms are implemented in late2014.

Universal service obligation Part 2 of the TCPSS Act establishes a universal service regime administered by the ACMA, which includes the universal service obligation (USO).

The ACMA monitors several aspects of compliance with the USO regime through the Customer Service Guarantee and the Payphone Performance Benchmarks, and reports on these matters in its annual communications report (see also Payphone performance and Customer Service Guarantee below). TUSMA also manages contracts with Telstra for the provision of standard telephone services and payphones under the USO.

Telstra continues to be the only universal service provider and is responsible for all areas in Australia.

For information about USO funding and eligible revenue assessment, see pages62-3.

Payphone performance In January 2014, the ACMA announced the conclusion of an investigation into Telstra’s compliance with payphone removal requirements (for the period between 1January 2012 and 31March 2013). Telstra was found to have contravened:

> provisions of the Telecommunications Universal Service Obligation (Location of Payphones) Determination 2011, by removing eight payphones

> provisions of the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011 for the same eight payphones

> the Telecommunications Universal Service Obligation (Payphone Complaint Rules) Determination 2011 in relation to where the payphone complaint process was located on its website.

These contraventions resulted in breaches of the Telecommunications Act and the TCPSS Act. The ACMA issued a formal warning to Telstra for these breaches.

In October 2013, the ACMA completed its assessment of Telstra’s compliance against the Telecommunications Universal Service Obligation (Payphone Performance Benchmarks) (No.1) 2011 for the period 1July 2012 to 30June 2013. The ACMA determined that Telstra met the required benchmarks.

In 2013-14, the ACMA received one complaint on the relocation of a payphone. The ACMA finalised this review within the reporting period and found that Telstra had complied with its Standard Marketing Plan and other agreed processes.

Customer Service Guarantee In January 2014, the ACMA released its assessment of the compliance of qualifying CSPs against the Telecommunications (Customer Service Guarantee—Retail Performance Benchmarks) Instrument (No.1) 2011 and the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011. The benchmarks and record-keeping rules applied to Telstra, Optus, iiNet and Primus for the 2012-13 period. Optus, iiNet and Primus met all relevant benchmarks in the reporting period.

There are nine applicable benchmarks for Telstra, of which it met seven. The two not met were for:

> new connections in urban areas (88.6per cent performance against a 90per cent benchmark)

> new connections in remote areas (89.0per cent performance against a 90per cent benchmark).

ACMA Annual report 2013-14 | 117

The ACMA issued Telstra an infringement notice with an administrative penalty of $510,000 (subsequently paid by Telstra) for the breach relating to new connections in urban areas and issued a formal warning for the breach relating to new connections in remote areas.

The ACMA also receives notification of exemptions claimed by CSPs for mass service disruptions and monitors this information to determine that the requirements for claiming exemptions have been met. The number of mass service disruption notices (not including extensions) received by the ACMA from carriers/CSPs decreased from 265 in 2012-13 to 234 in 2013-14 (see Table35). The impact of each exemption varies in the number of services affected and the duration.

Network Reliability Framework Under the NRF, Telstra is required to provide the ACMA with network performance reports at three levels:

> Level 1—geographical area level, based onTelstra’s field service areas

> Level 2—disaggregated parts of the network known as cable runs

> Level 3—the individual service level.

Level 1 of the NRF shows the percentage of CSG services without a fault or service difficulty, the percentage of time CSG services are available and the average time (hours) to restore fault-affected CSG services.

Table 35: Mass service disruption notices, by carrier/CSP

Carrier No. of notices

Telstra 60

iiNet 60

Optus 56

M2 Group* 58

Total 234

*M2 Group exemption notifications include Primus, Eftel and Dodo exemptions due to recent acquisitions by the M2Group.

Each month, the ACMA is required to approve the initial selection of Level2 cable runs in line with a prescribed formula and to receive reports on the remediations. Where a remediation time frame has not been met, and the reasons for this match specific requirements, the ACMA can grant an extension of the remediation time frame. The ACMA approved all Level2 cable run lists provided in 2013-14 and granted 20 extensions of time for remediation of cable runs in the reporting period.

The Level 3 requirement is for Telstra to remediate individual services that have experienced more than three faults or service difficulties in a 60-day rolling period or more than four faults or service difficulties in a 365-day rolling calendar period. The ACMA is required to approve a proposed remediation plan for the services. In 2013-14, Telstra reported 2,525 Level3 contraventions, for which the ACMA approved all submitted remediation plans.

Service performance under the NRF is reported in the ACMA’s annual communications report.

118 | Chapter 3 Content regulation and consumer information

Priority assistance Priority assistance is an enhanced telephone connection and repair service for people with a diagnosed life-threatening medical condition who are at risk of suffering a rapid deterioration in their condition. Telstra is currently the only carrier required under its carrier licence conditions to provide priority assistance services. However, other service providers may offer priority assistance in accordance with industry code ACIF C609:2007 Priority Assistance for Life Threatening Medical Conditions.

The ACMA received one complaint about priority assistance in 2013-14, which was resolved through communication with the complainant. The ACMA also concluded one investigation that commenced in 2012-13 on compliance with section 19 of Part6 of Schedule2 of the Telecommunications Act. This section requires a CSP that does not offer priority assistance to inform a prospective customer of that fact and notify the customer of another CSP that does offer priority assistance. The investigation resulted in the CSP agreeing to modify its policies and procedures to comply with the Telecommunications Act.

Informed consent arrangements forNBN battery back-up services The government has advised the ACMA that, for the provision of NBN fibre services with battery back-up at customer premises, CSPs should acquire and retain the informed consent of customers in a consistent manner. The ACMA was asked to consider potential regulatory mechanisms—including developing a service provider determination—to achieve the stated policy aims.

During the reporting period, the ACMA published an options-stage Regulation Impact Statement on various options and subsequently proceeded to obtain feedback on these options via a public consultation process. The ACMA is considering the preferred approach in light of the submissions received and subsequent consultations with industry and other submitters. A decision on the appropriate arrangements is expected early in the next reporting period.

Transition of legacy over-the-top services to the NBN The ACMA has continued to be represented on an industry working group established by Communications Alliance to deal with issues associated with the transition of legacy over-the-top services to the NBN.

NBN-related web materials During the reporting period, the ACMA reviewed its suite of online materials designed to help both consumers and industry with the transition to the NBN. The content was modified to reflect the government’s revised NBN policy settings, and to make information about existing regulatory obligations and links to external websites accurate and appropriate.

Local presence plan Under its licence conditions, Telstra is required to maintain a local presence in regional, rural and remote Australia, to the extent that this is broadly compatible with its overall commercial interests.

In accordance with Telstra’s carrier licence conditions, the ACMA received Telstra’s report on performance against the local presence plan for the previous reporting period 2012-13 on 29 August 2013.

Reconnecting the Customer Mobile Network Performance Forum The ACMA held the Reconnecting the Customer Mobile Network Performance Forum on 14 November 2013. The purpose of the forum was to:

> gain a better understanding of what is at the heart of consumer complaints about mobile network performance

> identify whether these issues are being sufficiently addressed

> find out what information helps consumers to understand providers’ network performance

> identify whether current offerings meet consumer needs.

Following the forum and consultation with the ACMA, the Australian Mobile Telecommunications Association and Communications Alliance developed a new consumer guide.

ACMA Annual report 2013-14 | 119

The guide is an overview of the factors that can affect a mobile consumer’s experience of mobile networks, including issues such as coverage, and the built and natural environments. The guide also explains what consumers should do if they experience problems with their mobile service.

Consumer Consultative Forum The CCF is a formal advisory committee established under section59 of the ACMA Act to help the ACMA perform its consumer functions. It provides advice to the ACMA on communications issues (mainly telecommunications and the internet) that affect consumers.

This year, the ACMA appointed three new consumer representatives—Catriona Lowe (Consumers Federation of Australia), Chris Jeffery (Council on the Ageing WA) and Hollie Baillieu (National Farmers Federation).

Consumer representatives joined regulators and industry bodies at two meetings during the reporting period to discuss topics including:

> the NBN and its impact on consumers

> ACMA activities such as the enforcement of the TCP Code

> mobile network performance

> the government’s deregulation program

> cross-sectoral approaches to identifying and assisting customers experiencing financial hardship

> a wide range of emerging issues such as the failure of small telecommunications companies.

In addition to twice-yearly meetings, consumer representatives will attend regular teleconferences between meetings throughout 2014.

Do Not Call Register Australians continue to add their numbers to the Do Not Call Register—more than 860,000 fixed-lines, mobiles and faxes were added in 2013-14. By 30 June 2014, more than 9.6million numbers had been listed on the register, representing around half of Australia’s fixed-line numbers, 4.1million mobile numbers and 377,000 fax numbers (see Figure6). Registration remains free and is valid for eightyears.

To avoid breaching the DNCR Act, telemarketers and fax marketers can submit their call lists for checking against the register. In 2013-14, over 1.1billion numbers were checked or ‘washed’ against the register by 1,189 telemarketers and fax marketers.

A proportion of telemarketers and fax marketers that wash their numbers against the register are based overseas. Outside of Australia, India, the Philippines and the US have the highest numbers of washing accounts.

Do Not Call Register consumer awareness The Do Not Call Register website has consumer brochures in six languages to help people register their phone numbers. A number of consumer information sheets are also available on the website.

Protection of consumer information Part 13 of the Telecommunications Act provides for the ACMA to administer the IPNDscheme.

The IPND is an industry-wide database of all listed and unlisted public telephone numbers. It was established in 1998 and is currently managed by Telstra under the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997.

The IPND scheme allows for the assessment of applications for authorisation for public number directory publishers and people conducting research of a kind specified by the minister as being in the public interest. In the year to 30June 2014, no authorisations to access IPND data for the purposes of conducting permitted research were granted. As a result, at 30June 2014, six entities held authorisations to access IPND data for the purpose of publishing public number directories and one entity held research authorisation. Four of the authorisations relate to electronic public number directories.

See also Integrated Public Number Database on page 102.

Review of ‘190’ phone service rules In March 2013, the ACMA began a review of the Telecommunications Service Provider (Premium Services) Determination 2004 (No.1), which obliges providers to give customers information about 1900, 1901 and 1902 premium service numbers, including the potential costs associated with these services and how to avoid unexpectedly high bills.

Since the determination was made in 2004, new business models for providing premium content have evolved and the significance of 190 premium services has steadily declined. Updated consumer protection tools are also available in the TCP Code. The ACMA consulted with consumers and industry on the effectiveness of the determination and its ongoing usefulness for regulating 190 premium services. As a result of the review, the ACMA revoked the determination in October 2013.

Figure 6: Fixed-line, mobile and fax numbers listed on the Do Not Call Register, 2009-10 to 2013-14

1

2

3

4

5

6

7

8

9

10

5.04

2009-10*

6.28

2010-11

7.73

2011-12

8.74

2012-13

9.60

2013-14

Numbers registered on the Do Not Call Register (millions)

Fixed-line Mobile Fax

*The Do Not Call Register Legislation Amendment Act 2010 expanded the register to include government, emergency service and fax numbers.

120 | Chapter 3 Content regulation and consumer information

Do Not Call Register consumer awareness The Do Not Call Register website has consumer brochures in six languages to help people register their phone numbers. A number of consumer information sheets are also available on the website.

Protection of consumer information Part 13 of the Telecommunications Act provides for the ACMA to administer the IPNDscheme.

The IPND is an industry-wide database of all listed and unlisted public telephone numbers. It was established in 1998 and is currently managed by Telstra under the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997.

The IPND scheme allows for the assessment of applications for authorisation for public number directory publishers and people conducting research of a kind specified by the minister as being in the public interest. In the year to 30June 2014, no authorisations to access IPND data for the purposes of conducting permitted research were granted. As a result, at 30June 2014, six entities held authorisations to access IPND data for the purpose of publishing public number directories and one entity held research authorisation. Four of the authorisations relate to electronic public number directories.

See also Integrated Public Number Database on page 102.

Review of ‘190’ phone service rules In March 2013, the ACMA began a review of the Telecommunications Service Provider (Premium Services) Determination 2004 (No.1), which obliges providers to give customers information about 1900, 1901 and 1902 premium service numbers, including the potential costs associated with these services and how to avoid unexpectedly high bills.

Since the determination was made in 2004, new business models for providing premium content have evolved and the significance of 190 premium services has steadily declined. Updated consumer protection tools are also available in the TCP Code. The ACMA consulted with consumers and industry on the effectiveness of the determination and its ongoing usefulness for regulating 190 premium services. As a result of the review, the ACMA revoked the determination in October 2013.

Figure 6: Fixed-line, mobile and fax numbers listed on the Do Not Call Register, 2009-10 to 2013-14

1

2

3

4

5

6

7

8

9

10

5.04

2009-10*

6.28

2010-11

7.73

2011-12

8.74

2012-13

9.60

2013-14

Numbers registered on the Do Not Call Register (millions)

Fixed-line Mobile Fax

*The Do Not Call Register Legislation Amendment Act 2010 expanded the register to include government,

emergency service and fax numbers.

Community awareness

The ACMA’s role includes informing consumers about communications products and services that are available to them, and informing industry and consumers about their communications rights and obligations.

Cybersafety— the Cybersmart program The ACMA manages a national cybersafety education program, a role conferred on it under Schedule5 and Schedule 7 of the BSA.

In 2013-14, cybersafety community education activities centred on the:

> continuing development and deployment of face-to-face internet safety presentations and teacher professional development for the Outreach program

> development of cybersafety education programs and information material for schools, pre-service teachers and parents that are designed to develop skills required to use digital technologies with confidence and safety.

Throughout the reporting period, Cybersmart focused on maximising its reach into more Australian communities with customised online safety content. An important focus of the program has been the development of tailored resources for use in Indigenous communities (see the Be Deadly Online— resources for Indigenous Australians case study on page123).

Based on research into how to educate parents about cybersafety, the ACMA also focused on expanding the range of resources aimed at this group. Chatterbox, an online video and conversation series with a range of related web-based resources, was developed to help parents deal with specific issues and behaviours relevant to the online world of children.

The Cybersmart website is the main portal for hosting and delivering cybersafety information and resources to students, parents and teachers. In 2013-14, the site had 1,115,848 unique visitors and 6,427,025 page views. Since the site’s July 2009 launch, there have been over 3.95million visitors and more than 28.4million page views. During the reporting period, the website was expanded to incorporate a customised Indigenous portal with targeted information and advice, and a revamped gateway for parents. Its ordering facility was also refined.

ACMA Annual report 2013-14 | 121

In the reporting period, Cybersmart continued to engage directly with target audiences on social media platforms with audience-specific content, videos, expert interviews, and current cybersafety news and trends:

> The Cloud, Cybersmart’s Facebook page for teens, attracted an additional 3,000 likes, bringing the total for this page to 7,640 and reaching onemillion friends of fans of the page. The Parents page has attracted 4,030 likes since its launch on 26February 2014.

> The Cybersmart Twitter channel, aimed at educators and stakeholders, now has 3,442 followers.

> YouTube and Vimeo are the main platforms used to host Cybersmart resources. These channels attracted more than 124,606 video views, with an estimated 380,551 minutes of video watched. Our most popular video resource, the short film Tagged, had over 53,228 views on YouTube/Vimeo and the Tagged character interviews attracted 12,243 views. Since Tagged’s September 2011 launch, there have been over 180,300 views of the film and more than 33,707 views of the character interview videos.

> The Cybersmart blog educates parents through conversations about managing day-to-day cybersafety issues. During the reporting period, the blog received more than 19,888 page views.

> The Cyberzine e-newsletter for schools, which provides current news about Cybersmart resources and cybersafety trends, has 4,797 subscribers to date.

Cybersmart continues to provide access to a Helpline service for young people that offers real-time online and telephone professional counselling and advice about issues such as cyberbullying. Delivered in partnership with Kids Helpline, the service is free and confidential. On cyberbullying issues, the Cybersmart program is currently the lead referral point for young people accessing the Kid’s Helpline service. Throughout 2013-14, the Cybersmart Contact Centre provided an information service to answer queries about cybersafety issues, and to take bookings for Cybersmart Outreach presentations and orders for Cybersmart resources. More than 472,368 hard copy materials were delivered in 2013-14.

Cybersmart Challenge activities 2013-14 saw active participation in Cybersmart Challenge activities. These resources comprise three distinct modules each targeting a specific cybersafety theme:

> Cybersmart Detectives— unwanted onlinecontact

> Cybersmart Hero—cyberbullying

> Cybersmart Networking— safe social networking.

These interactive school-based resources provide personalised cybersafety instruction for students in a safe online environment under the supervision of teachers and adult guides.

During 2013-14, 9,034 students participated in Cybersmart Challenge activities; more than 58,000 students have completed the program since 2009. Challenge also supported key national awareness campaigns by hosting activities in support of Safer Internet Day 2014, National Day of Action Against Bullying and Violence, Day for Daniel and National Child Protection Week.

Cybersafety education resources indevelopment In 2013-14, Cybersmart commenced production of a new video resource for primary students aged 10-12. Titled #gameon, this episodic drama and the accompanying classroom resources explore the social consequences of online behaviour such as cyberbullying, excessive gaming, screen time overload and misusing personal information.

Cybersmart is also developing a series of online videos for parents that answer their most pressing cybersafety questions about children’s use of digital technologies and social networking platforms. These videos will feature advice from cybersafety and mental health experts.

122 | Chapter 3 Content regulation and consumer information

Case study

Be Deadly Online— resources for Indigenous Australians

On 11 April 2014, Cybersmart launched its newest educational resource, Be Deadly Online, developed specifically to meet the cybersafety needs of Indigenous Australians. Cybersmart worked in close collaboration with Indigenous communities throughout the country to develop the Be Deadly Online materials, which include a dedicated web portal, animation series and posters addressing key cybersafety issues. It is a resource developed in conjunction with Indigenous communities, for Indigenous communities.

Be Deadly Online is a set of resources including a website portal; three animations; and a series of posters, presentations and lesson plans that tackle issues of cyberbullying, sexting, digital reputation, and social media interactions and relationships. It has been widely recognised as an innovative, community-led education program that is paving the way for social groups to take control of their online activities and demonstrate positive online behaviour. In May,the resource was awarded a prestigiousGold Medal in the General Education category at the 2014 World Media Festival in Hamburg, Germany.

A Cybersmart Community Champions program has been conducted in conjunction with the Be Deadly Online resources. At the request of several Indigenous communities, Cybersmart conducted a series of workshops with Indigenous community members and service providers (for example, health care workers and police officers) about cybersafety issues, to equip them with knowledge and resources to become Cybersmart Community Champions. Over 200 community members have attended workshops in Western Australia, Queensland and Victoria.

The workshops covered a series of cybersafety issues, including social media interactions, the importance of keeping a person’s digital reputation intact and the relationship between social media abuse and lateral violence. Community Champions are able to use the Be Deadly Online resources to take positive cybersafety messages to the wider community.

Feedback for the program has been positive. A Yarrabah teacher commented: ‘I’m really pleased to see the way the ACMA team has actually taken on board things presented to them … there’s been times in the past where we have given input [to other provider’s projects] and we don’t see the input reflected back in other projects, but with this one … I would say it’s been about 100per cent … Well done to the ACMA team for listening to the input from the Indigenous communities …’

The Be Deadly Online resources, which include tailored animations, are designed to meet the cybersafety needs of Indigenous Australians.

ACMA Annual report 2013-14 | 123

Cybersmart Outreach program The ACMA supports an extensive Cybersmart Outreach education program for school students, teachers and parents. In 2013-14:

> 201,590 students, teachers and parents participated in our popular Internet Safety Awareness Presentations

> 1,369 teachers attended Professional Development for Educators workshops held in schools and at Cybersmart-hosted events

> 6,426 final-year teaching students participated in our Pre-Service Teacher Program

> 1,429 teachers completed Connect.ed, our online interactive professional development program.

Several new programs were introduced:

> Get Cyberstarted—a package of resources for schools awaiting a presentation.

> Virtual Classrooms—bringing trainer-led online presentations into classrooms. In 2013-14, 10 events were held across Australia and attended by 22,670 students.

> Chatterbox—an interactive online conversation for parents. In 2013-14, five episodes were produced, including topics on ‘Selfies’, ‘Trolling’ and ‘Inappropriate contact’.

Key partnerships The ACMA works productively with other organisations, both in Australia and overseas, to increase education and awareness about online safety. Partners include government agencies, not-for-profit organisations, corporations and community-based groups, with work ranging from distributing educational material, supporting events and community awareness-raising weeks to co-developing content.

In 2013-14, the ACMA entered into an MoU with The Alannah and Madeline Foundation (a national charity that protects Australian children from violence) to share information and collaborate on online safety matters. The ACMA also renewed existing MoUs with NetSafe (New Zealand’s online safety advisory body) and Childnet International, a global children’s charity based in the UK. Key partners include agencies involved in the government’s Consultative Working Group on Online Safety, as well as state and federal police forces and education departments.

Each year, the ACMA considers and grants a large number of requests to link to and use Cybersmart resources. Since December 2013, proposals to collaborate on significant online safety initiatives have been assessed under the Cybersmart Partnerships Guidelines. Over the past year, the ACMA joined with other organisations in raising online safety awareness during Safer Internet Day (11February 2014), Day for Daniel (25October 2013), National Day of Action Against Bullying and Violence (23March 2014), Privacy Awareness Week (4-10 May 2014) and Stay Smart Online Week (2-6 June 2014). The ACMA also supported the Human Rights Commission’s 2013 BackMeUp Video Competition aimed at helping young people overcome cyberbullying.

Digital citizens guide On 25 July 2013, the ACMA launched its Digital citizens guide to help Australians stay safe and positive while participating in everyday online activities like socialising, shopping, banking and accessing information. The development of the guide was informed by research, community focus groups and in-depth interviews with a broad range of stakeholders.

The guide identifies three guiding principles for online interaction—‘engage positively’, ‘know your online world’ and ‘choose consciously— and links them to free online safety resources. It is hosted on the Cybersmart website and has been welcomed and supported by industry and community partners including Google, Facebook, Telstra, Microsoft, the Commonwealth Bank, The Alannah and Madeline Foundation, Yahoo!7, the Interactive Games and Entertainment Association, the Internet Industry Association, the Australian Mobile Telecommunications Association, the Family Online Safety Institute, Bravehearts and the Centre for Internet Safety.

Table 36: ACMA cybersafety initiatives

Type of initiative 2013-14 Total to date

Internet Safety Awareness presentations (available since January 2009)

Events 1,875 9,059

Attendees 201,590 956,677

Professional Development workshops (available since January 2009)

Events 51 581

Attendees 1,369 14,369

Pre-Service Teacher Program (available since October 2009)

Events 55 191

Attendees 6,426 19,836

Total events 1,981 9,831

Total attendees 209,385 990,882

Connect.ed Online PD Program (available since April 2011)

Registered 3,689 13,317

Completed 1,429 3,992

Interactive shared learning—Cybersmart Detectives (available since January 2008)

Schools 139 1,002

Students 5,562 39,136

Interactive shared learning—Cybersmart Hero (available since June 2010)

Schools 60 306

Students 1,770 13,263

Interactive shared learning—Cybersmart Networking (available since November 2011)

Schools 33 100

Students 1,702 5,656

Total hard-copy resources delivered (Cybersmart resources have been available since April 2008) 472,368 7,407,499

124 | Chapter 3 Content regulation and consumer information

Each year, the ACMA considers and grants a large number of requests to link to and use Cybersmart resources. Since December 2013, proposals to collaborate on significant online safety initiatives have been assessed under the Cybersmart Partnerships Guidelines. Over the past year, the ACMA joined with other organisations in raising online safety awareness during Safer Internet Day (11February 2014), Day for Daniel (25October 2013), National Day of Action Against Bullying and Violence (23March 2014), Privacy Awareness Week (4-10 May 2014) and Stay Smart Online Week (2-6 June 2014). The ACMA also supported the Human Rights Commission’s 2013 BackMeUp Video Competition aimed at helping young people overcome cyberbullying.

Digital citizens guide On 25 July 2013, the ACMA launched its Digital citizens guide to help Australians stay safe and positive while participating in everyday online activities like socialising, shopping, banking and accessing information. The development of the guide was informed by research, community focus groups and in-depth interviews with a broad range of stakeholders.

The guide identifies three guiding principles for online interaction—‘engage positively’, ‘know your online world’ and ‘choose consciously— and links them to free online safety resources. It is hosted on the Cybersmart website and has been welcomed and supported by industry and community partners including Google, Facebook, Telstra, Microsoft, the Commonwealth Bank, The Alannah and Madeline Foundation, Yahoo!7, the Interactive Games and Entertainment Association, the Internet Industry Association, the Australian Mobile Telecommunications Association, the Family Online Safety Institute, Bravehearts and the Centre for Internet Safety.

Table 36: ACMA cybersafety initiatives

Type of initiative 2013-14 Total to date

Internet Safety Awareness presentations (available since January 2009)

Events 1,875 9,059

Attendees 201,590 956,677

Professional Development workshops (available since January 2009)

Events 51 581

Attendees 1,369 14,369

Pre-Service Teacher Program (available since October 2009)

Events 55 191

Attendees 6,426 19,836

Total events 1,981 9,831

Total attendees 209,385 990,882

Connect.ed Online PD Program (available since April 2011)

Registered 3,689 13,317

Completed 1,429 3,992

Interactive shared learning—Cybersmart Detectives (available since January 2008)

Schools 139 1,002

Students 5,562 39,136

Interactive shared learning—Cybersmart Hero (available since June 2010)

Schools 60 306

Students 1,770 13,263

Interactive shared learning—Cybersmart Networking (available since November 2011)

Schools 33 100

Students 1,702 5,656

Total hard-copy resources delivered (Cybersmart resources have been available since April 2008) 472,368 7,407,499

ACMA Annual report 2013-14 | 125

Research and reporting

The research and reporting program— researchacma—underpins the ACMA’s work and decisions as an evidence-informed regulator. It contributes to the ACMA’s regulatory advice and informs reviews and investigations. The researchacma program has five broad areas of interest:

> market developments

> media content and culture

> social and economic participation

> citizen and consumer safeguards

> regulatory best practice and development.

Market developments In the reporting period, the ACMA undertook a range of research on developments in communications and media markets, which included the communications report series.

Communications report series The Communications report 2012-13 was tabled in parliament on 11December 2013. The report presented the latest intelligence, trend data and commentary on the Australian communications and media market in the context of convergence and the emerging digital economy.

On 18 December 2013, the ACMA held its communications report ‘Our digital life’ seminar with about 60 stakeholders from across the communications sector, industry in general, government and academia participating either in person or via live webcast.

As part of the communications report work program, the ACMA also released two reports that focused on the themes of convergence and the developing digital economy in more detail:

> Report 1—Australian SMEs in the digital economy. Released on 22January 2014, this report examined SMEs’ engagement in the digital economy as both users and suppliers of online services, and how they apply digital communications to their business processes.

> Report 2—Cloud computing in Australia. Released on 24March 2014, this report examined developments in the supply and demand for cloud computing services, including consumer awareness and understanding of these services, related concerns and factors likely to impact on the future of cloud computing services in Australia.

The series collectively received extensive coverage in social media and news forums, with thousands of views of related YouTube videos and ACMA blogs, and retweets with a potential following in the hundreds of thousands. The reports continue to provide a critical source of information for decision-makers across government and industry.

researchacma snapshot series In July 2013, the ACMA introduced a series of research snapshots—short, fit-for-purpose research pieces on topics of relevance to the ACMA and its broad stakeholder base. For an overview of snapshots released to date and related key findings, see the researchacma snapshot series case study on page129.

Spectrum research program In 2012-13, the ACMA commissioned two key spectrum research projects to better understand the mobile communications market and demand for wireless access services:

> The economic impacts of mobile broadband on the Australian economy, from 2006 to 2013, published on 3April 2014

> a mobile network capacity forecasting model, released for public consultation in May 2014.

The economic impacts of mobile broadband report articulates the value of the growth of mobile broadband to businesses and the overall Australian economy between 2006 and 2013. It found:

> mobile broadband increased the growth rate of the Australian economy by 0.28per cent each year from 2007 to 2013

> in 2013, mobile broadband led to an estimated increase in Australia’s economic activity of $33.8billion

> productivity of the mobile sector increased by 11.3per cent per year from 2006 to 2013.

126 | Chapter 3 Content regulation and consumer information

The mobile network model project forecasts future mobile network capacity requirements, which will be a key input into the ACMA’s mobile broadband strategy.

These projects, when considered in conjunction with ongoing spectrum planning activities, give the ACMA a greater understanding of current and emerging needs for spectrum, and how it can facilitate spectrum use to maximise public benefit.

Media content and culture During the reporting period, the ACMA undertook research to help inform its obligations to reflect community standards in the delivery of media and communications services.

Community attitudes to gambling advertising in sports broadcasts In May 2013, the ACMA commissioned research to identify community attitudes to gambling advertising during sports broadcasts. Findings helped the Authority to register five industry codes of practice covering the promotion of betting odds during live sports broadcasts. The research report was published in July 2013.

Community attitudes to local content in regional areas In May 2013, the ACMA commissioned research on regional Australians’ media preferences and attitudes to local content. The research was included in the ACMA’s Regional commercial television local content investigation report, which was released by the minister on 13March 2014.

Regional Australian television news Research analysing regional television audience ratings for evening news services between 2003 and 2013 was also released as part of the Regional commercial television local content investigation report.

Community research informing the CCSi Community research was commissioned in May 2013 on Australians’ attitudes to and expectations of community safeguards in broadcast codes of practice to inform the ACMA’s Contemporary community safeguards inquiry. The report of that inquiry was published in March 2014 and included the report of the community research.

Children’s television Survey of parents and carers In April 2014, the ACMA commissioned research to understand parental preferences and attitudes about children’s television, including how parents find out about children’s television programs and the rules governing children’s viewing. The research will be published in the next reporting period.

Analysis of children’s television viewing The ACMA undertook an analysis of audience and ratings data to update its understanding of children’s viewing of free-to-air, commercial and subscription television. The research will be published in the next reporting period.

Social and economic participation The ACMA also undertakes research to identify regulatory settings and interventions to help citizens participate in the offline and online environment.

Malware and harmful software— consumerviews In the second half of 2012, the ACMA commissioned research into Australians’ views on threats from malware and the use of protections against harmful software. Results were used to inform the AISI, under which participating internet providers are notified of malware infections affecting their customers. The research was published in October 2013.

Unsolicited telemarketing calls and spam— consumer experiences This research was commissioned in 2012, alongside the Malware and harmful software research. Results identified consumer experiences with unsolicited telemarketing calls and spam (via email and SMS), and informed the ACMA’s compliance and enforcement activities for unsolicited electronic communications. The findings were published in November 2013.

Digital footprints and identities The ACMA published its Digital footprints and identities research in November 2013. The findings show how Australians balance the risks and rewards of engaging in the online world and the steps they take to manage the use of their information online.

Digital citizens guide—research Community and stakeholder research was commissioned in 2013 to test and refine the formulation of the ACMA’s Digital citizens guide. The research was published in August2013.

ACMA Annual report 2013-14 | 127

Cybersafety and social networking services The Like, post, share—Young Australians’ experience of social media research explored the perceptions children, young people and parents have of online risks and opportunities, with an emphasis on what strategies young Australians use to protect themselves online. The qualitative and quantitative research was undertaken in 2011 and 2012, respectively, with the findings published in August 2013.

Connected parents In February 2014, the ACMA published its study investigating parents’ cybersafety education needs. Connected parents in the cybersafety age identified the online safety concerns and information needs of caregivers of children and young people aged eight to 17 years.

Cybersafety Indigenous program— case studies and evaluation framework In April 2014, the ACMA commissioned an evaluation of the Cybersmart Indigenous Program (CIP). The research comprises the preparation of case studies to document and analyse the development and implementation of the CIP train-the-trainer workshops.

Cybersmart kids educational film— qualitative research In May 2014, the ACMA commissioned qualitative research with teachers and young people to pre-test a new Cybersmart kids educational film resource. Findings will help inform the development of teaching resources and lesson plans associated with the film.

Citizen and consumer safeguards This research focus area continues the ACMA’s evidence-informed approach to understanding Australians’ experiences in managing unsolicited communications and assessing the effectiveness of telecommunications safeguards.

Reconnecting the Customer— trackingconsumer outcomes In February 2013, the ACMA commissioned research to evaluate the effectiveness of the changes to the TCP Code and other outcomes of the RTC inquiry in the context of broader and ongoing changes in the telecommunications sector. Quantitative and qualitative research was undertaken, and the report published in April 2014.

Mobile calls to 13 numbers— communityresearch In September 2013, the ACMA commissioned research on consumers’ use of, and potential concerns with, 13 numbers. The quantitative research was completed in November 2013 and the report will be published early in the next reporting period.

SME and digital business research In March 2014, the ACMA commissioned research to understand the knowledge, attitudes and behaviours that inform SME business decisions on the use of digital communication technologies. The research will be published in the next reporting period.

Consumer use of, and attitudes to, communications and online participation In March 2014, the ACMA commissioned a survey of household consumers covering attitudes to, and take-up of, communications and online services. Survey results will be released in the next reporting period as part of the communications report work program.

Regulatory best practice anddevelopment In this research focus area, the ACMA continues its analysis of the effectiveness and costs and benefits of current regulation, and identifies emerging issues that may require regulatory or non-regulatory solutions.

Cross-border regulatory strategies Cross-border regulatory strategies—case studies and regulatory practice for a networked economy and society was released in October 2013. The study explored deployment of IP networks, and the digitisation of content and communications that have implications for how communications is regulated in Australia and internationally. Increasingly, the cross-border nature of online activity requires that regulatory tools in place at the national level be linked to multi-level, international regulatory strategies. The paper discusses the use of these strategies in three areas of regulatory activity:

> digital information management

> unsolicited communications

> investigation of online child sexual abuse material.

128 | Chapter 3 Content regulation and consumer information

Case study

researchacma snapshot series

In July 2013, the ACMA launched its researchacma snapshot series—short, fit-for-purpose research updates on key issues of relevance to the ACMA and its stakeholders.

The snapshot format targets research outputs to meet the preferences of different audiences and distribution channels. This new style of reporting allows for a more dynamic representation of ACMA research in blog, video and infographic format, and uses more visually appealing charts and figures.

Snapshots released during 2013-14 included:

> Australians cut the cord, released 5July 2013. Highlights include:

> close to 3.3million Australians aged 18 and over were mobile phone-only users at December 2012

> the number of mobile phone-only users has grown by 20per cent since December 2011.

> The connected business, released 15October 2013. Highlights include:

> 70 per cent of Australian businesses paid for employee access to mobile broadband devices at June 2013

> 92 per cent of Australian businesses use mobile broadband devices for phone calls, 86per cent for emails and 82per cent for general internet.

> Home is where the work is—the digital worker, released 16October 2013. Highlights include:

> 5.6million Australians aged 18 and over use the internet to work away from the office

> 2.8million Australians aged 18 and over work away from the office at least two days a week.

> Mobile apps—putting the ‘smart’ in smartphones, released 20November 2013. Highlights include:

> 11.2 million Australians aged 18 and over had a smartphone at June 2013, an increase of 29per cent from the previous year

> 8.9 million Australians aged 18 and over downloaded mobile apps in the six months to May 2013.

> m-Commerce—mobile transactions in Australia, released 24June 2014. Highlights include:

> 3.4million Australians aged 18 years and over used an m-commerce service during December 2013, an increase of 448per cent compared to December 2010

> transferring funds was the most common transactional m-commerce activity, undertaken by 77per cent of m-commerce users during December 2013.

The snapshot series format has had great success externally, collectively receiving 230 social media mentions, 3,000 Facebook views, over 900 views of YouTube videos, nearly 5,000 views of related ACMA blogs and 230 retweets.

The researchacma snapshots are available on the ACMA website.

ACMA Annual report 2013-14 | 129

Chapter 4 Managing and developing our resources

Chapter 4 details the ACMA’s staffing arrangements, governance, information management, communications and engagement, and financial and property management.

The ACMA continues to focus on strengthening its planning and resource management frameworks.

Governance

The ACMA operates under the Financial Management and Accountability Act1997 (FMA Act), where responsibility for governance and management of the ACMA resides with the Chairman as the Chief Executive Officer. The ACMA Chairman is also the head of the ACMA for the purposes of the Public Service Act 1999 and has the rights, duties and powers of an employer for Australian Public Service employees in the ACMA.

Throughout 2013-14, the ACMA’s Executive Group assisted the Chairman in his role as the Chief Executive Officer of the ACMA by advising on issues of high-level corporate or strategic significance. The Executive Group comprises the Chairman, Deputy Chairman, full-time Member and the five Senior Executive Service (SES) Band2 General Managers. The ACMA also has a number of other high-level committees overseeing finance and resource management, compliance and enforcement, and information technology.

Corporate planning The ACMA corporate plan is a high-level document that the agency must prepare and submit to the minister each year under section56 of the ACMA Act. The plan covers a three-year period and identifies the ACMA’s objectives and priorities, as well as the necessary strategies to achieve them. It is also reflected at an individual level in performance management plans agreed between staff members and supervisors. In 2013-14, the ACMA undertook a major review of its strategic priorities and began implementing a new integrated planning and reporting framework. A key element of this framework is the ACMA’s outcomes-focused corporate plan, which seeks to:

> drive effectiveness by focusing on and measuring the outcomes that are important to the ACMA and its stakeholders

> communicate the value that the ACMA delivers to the community by defining KPIs for each outcome and reporting these to the public

> drive internal alignment, performance and accountability by appropriately reflecting outcomes and KPIs defined in the corporate plan in the internal business plans and staff performance agreements.

ACMA Annual report 2013-14 | 131

Implementation of this integrated framework will continue in 2014-15 and beyond. The current corporate plan covers 2013-16 and is available on the ACMA website.

Risk management The ACMA is committed to promoting a culture that is risk-aware, makes decisions based on a structured and rigorous approach to risk management and encourages informed risk-taking, including by anticipating potential barriers to achieving agency outcomes.

The Executive Group focuses on managing and reviewing key business risks. In 2013-14, the ACMA undertook an intensive process of reviewing and updating these risks, and enhancing the alignment between identified key business- and division-level risks and the internal audit program. The Audit Committee plays an active role in providing assurance around identified key business- and division-level risks and the operation of the broader Risk Management Framework. The ACMA also actively participates in Comcover’s Benchmarking Risk Management Program.

The ACMA’s fraud control arrangements form part of its Risk Management Framework and are an important component of maintaining a risk management culture. The ACMA has appropriate fraud prevention, detection, investigation, reporting, and data collection procedures and processes in place. In 2013-14, the ACMA updated its Fraud Control Plan, which complies with the Commonwealth Fraud Control Guidelines 2011.

Audit The ACMA Audit Committee provides independent advice to the Chairman on the ACMA’s risk, control and compliance framework, as well as its external accountability responsibilities. During 2013-14, the Audit Committee continued to look at key corporate and regulatory processes.

The ACMA’s internal audit services are provided by Protiviti and overseen by the Audit Committee. The 2013-14 Internal Audit Plan was developed by taking into account key business risks as well as significant emerging risks. The plan was developed in consultation with senior management and the Audit Committee, and all internal audit reports were reviewed by the Audit Committee.

During the reporting period, 10 audits were completed. The implementation of recommendations was monitored, with progress reports provided to the Audit Committee.

For more information about the ACMA’s Audit Committee, see Appendix2.

Security The ACMA continued strengthening its protective security functions in line with the requirements of the Protective Security Policy Framework and Information Security Manual. The Security Advisory Committee oversees protective security activities so the ACMA balances business and protective security requirements within the agency’s security risk profile and operating environment.

The ACMA has updated its internal risk management framework based on AS/NZSISO 31000:2009 Risk Management: Principles and Guidelines, including the protective security risk documentation. At an operational level, the ongoing improvement of security-related documentation, processes and controls included implementing the Australian Signals Directorate’s ‘Top Four’ as part of the desktop refresh project.

All statutory reporting requirements were met in 2013-14, including participation in the Protective Security Policy Framework compliance reporting conducted by the Attorney-General’s Department.

132 | Chapter 4 Managing and developing our resources

Our people

The ACMA employed 517 staff at 30 June 2014, compared with 580 at 30June 2013. Comparative staffing details are given in Appendix3.

Employment arrangements and conditions of work for all non-SES employees of the ACMA are determined by the ACMA Enterprise Agreement 2011-2014 (the ACMA Agreement). Salary ranges available under the ACMA Agreement are in Appendix3.

Terms and conditions for the ACMA’s 17 substantive SES employees are contained in common law contracts.

At 30 June 2014, the salary ranges for employees on common law contracts were:

> SES1—$153,157 to $181,259

> SES2—$194,693 to $214,162.

Non-salary benefits provided to employees on common law arrangements may include:

> performance bonus

> retention bonus

> mobile telephone

> airline club membership

> residential broadband service

> car allowance

> parking

> laptop or allowance and printer for use athome

> outplacement assistance/financial counselling if deemed excess.

At 30 June 2014, 22 employees at ACMA Level4, ACMA Level6, Executive Level1 (EL1) or Executive Level2 (EL2) had individual flexibility arrangements (IFAs) for additional salary or retention bonuses. The highest additional salary increases the EL2 maximum to $146,898 per annum and the EL1 maximum to $128,147 per annum. The maximum retention bonus was $10,000 per annum.

Performance payments Performance pay is available to employees at EL2 level under the ACMA Agreement and to SES employees under common law contracts. Total performance pay paid for 2013-14 for EL2 and SES employees is set out in Table37.

Workplace Diversity Program The ACMA Workplace Diversity Program seeks to promote understanding of diversity in the ACMA’s workforce, work environment, culture and work practices. This includes:

> attracting and retaining staff from diverse backgrounds

> embedding diversity into workplace arrangements

> incorporating diversity into ACMA policies, programs and services.

The ACMA recognises and values individual differences and aims to raise awareness of the importance of workplace diversity by:

> including the acknowledgment and acceptance/encouragement of diversity in organisational and individual performanceplans

> making the ability to integrate workplace diversity principles into everyday management practice a key selection criteria for management positions

> making information available to new employees in induction material

> providing information to all staff through the agency’s intranet.

On 30 June 2014, the ACMA’s employee profile was:

> total employees—517

> number of women—277

> number of staff from a non-English-speaking background—70

> number of staff with a disability—5

> number of Indigenous staff—2.

ACMA Annual report 2013-14 | 133

Changes to disability reporting in annual reports The Commonwealth Disability Strategy has been overtaken by a new National Disability Strategy 2010-2020, which sets out a 10-year national policy framework to improve the lives of people with disability, promote participation and create a more inclusive society. A high-level two-yearly report will track progress against each of the six outcome areas of the strategy and show how people with disability are faring. The first of these reports will be available in 2014 at fahcsia.gov.au.

The ACMA Agency Multicultural Plan (AMP) The ACMA AMP identifies a range of actions to help it make communications and media work for all Australians by:

> delivering on its mandated outcomes

> discharging its statutory obligations

> transforming itself into a resilient, learning organisation that is responsive to the numerous pressures for change.

In 2013-14, the ACMA addressed each of the six core dimensions of the Multicultural Access and Equity Policy for leadership, engagements, performance, capability, responsiveness and openness.

The ACMA will continue to use its AMP to inform its policy development, program delivery and regulatory decision-making in areas where multicultural access and equity is a necessary consideration. The AMP will also be used to set out a range of objectives to make ACMA staff aware of the needs of culturally and linguistically diverse (CALD) citizens and consumers.

Further information on the ACMA AMP is on the ACMA website.

Table 37: Performance payments 2013-14

Employee level Employees paid Total

performance pay ($)

Minimum bonus ($)

Maximum bonus ($)

Average bonus ($)

EL2 78 669,367.01 1,438.93 15,536.52 8,581.63

SES Band 1 12 149,930.74 8,294.09 17,262.80 12,494.23

SES Band 2 5 88,913.53 14,991.34 21,416.20 17,782.71

Total 95 908,211.2

Note: Of the 101 eligible EL2-level staff, 78 were paid a bonus.

Ethical standards The ACMA continued to promote the importance of ethical standards through its Chief Executive Instructions (CEIs), People Management Instructions (PMIs) and training programs. In particular, the ACMA promotes ethical standards and makes staff aware of their obligations through its CEI on gifts, benefits and hospitality; and its PMIs and associated training on Public Interests Disclosure and Identifying and Managing Conflicts of Interest.

Staff continued to be advised and reminded of their individual obligations under the APS Values and Code of Conduct through an online induction training program, an online managers’ handbook and selection criteria for all ACMA position descriptions. Adherence to the ACMA and APS Values and APS Code of Conduct is a mandatory expectation in all performance agreements. Staff awareness of the APS Values and Code of Conduct is monitored through staff surveys.

Health and safety The ACMA is committed to providing its workers with a healthy and safe working environment. During 2013-14, the ACMA continued to review and update policies and practices to reflect governing legislation and applicable codes of practice, and to make this information more accessible to its workers.

The ACMA actively supports the safe and timely return to work of injured or ill employees, whether or not the injury or illness is work-related. This includes through implementing early intervention and engaging rehabilitation providers to facilitate the return-to-work process.

134 | Chapter 4 Managing and developing our resources

A Health and Safety Representative Forum and Harassment Contact Officer Network continue to operate within the ACMA and provide effective avenues to consult and consider new ideas about work health and safety. A number of EL2 employees are Work Health and Safety Champions, and actively promote health and wellbeing initiatives. The National Work Health and Safety Committee met on four occasions during the reporting period.

During the second half of 2013, both the Canberra and Melbourne offices relocated to new premises. Workstation assessments were undertaken for all relocating staff. A number of sit/stand workstations were provided throughout both offices and staff were trained in their use.

Regular workplace inspections were undertaken in all ACMA workplaces to identify hazards and potential hazards, and to review current hazard control measures. These inspections were undertaken by Health and Safety Representatives, and Work Health and Safety Champions.

Health and safety information is provided to all new employees through the ACMA’s e-learning induction program. In addition, the ACMA provided the following initiatives during the reporting period:

> Health Week, incorporating seminars, health assessments and work-based activities

> flu vaccinations

> assistance with costs associated with eye-testing and purchase of glasses for screen-based use

> Employee Assistance Program

> e-learning health and safety modules as induction tools and ongoing resources

> mental health awareness seminars

> a monthly newsletter.

The ACMA strongly encourages the reporting of workplace incidents and identified workplace hazards. During the reporting period, there were 45 incident reports submitted by employees, which was an increase on the previous reporting period.

No notifiable incidents were reported to Comcare, no work health and safety investigations were conducted, and no notices were given to the ACMA under Part10 of the Work Health and Safety Act 2011.

Consultation and workplace relations Staff consultative bodies are established under the ACMA Agreement.

The National Consultative Forum deals primarily with the key strategic and change issues that affect the ACMA. Convened by the ACMA Deputy Chairman, it comprises management, union and employee representatives. The National Consultation Forum met three times in the reporting period to discuss a number of important issues, including strategic and workforce planning, accommodation changes, implementation of outcomes from the examination of professional streams, the ACMA organisational restructure and the 2014 enterprise agreement process.

Local consultative forums, comprising management, union and employee representatives, and chaired by a senior manager, are established in each of the three principal offices—Canberra, Melbourne and Sydney—as well as for the agency’s Operations function. Each of the forums met at least once during the reporting period, with the frequency of meetings determined by the number of issues being considered. Local consultative forums can refer matters with organisation-wide implications to the National Consultative Forum.

Approaches used to involve employees in decision-making and information-sharing include all-staff meetings, planning sessions, branch and section meetings, focus groups and the use of the ACMA intranet to disseminate information.

Table 38: Health and wellbeing initiatives, 2013-14

Initiative Utilisation rate

Influenza vaccination 47%

Health check 25%

Employee assistance 9.26%

ACMA Annual report 2013-14 | 135

The ACMA participates in the Australian Public Service Commission’s (APSC) State of the Service employee census, which enables the ACMA to collect employee feedback to help develop strategies to address specific workforce issues. About 67per cent of ACMA staff participated in the 2013 census.

Workforce planning During 2013-14, the ACMA continued to enhance its workforce planning capabilities. Key activities included further refining the agency’s job family and capabilities frameworks, as well as developing specific leadership expectations and capabilities to include in these frameworks.

The agency’s workforce plan was updated to reflect key changes in the ACMA workforce and broader environment, and to identify and address the agency’s key workforce challenges. The ACMA’s workforce plan aims to guarantee timely access to strategically critical capabilities and create a more agile, engaged and high-performing workforce. Specific workforce-planning goals include:

> attracting and retaining staff with experience, expertise and business-critical skills

> developing workforce agility to maximise the capability of existing staff by moving them with the agency to priority areas and to manage workload functions

> continuing to develop and broaden the capabilities of our employees

> achieving this workforce retention and agility in the context of meeting our affordable staffing profile.

The current workforce plan covers the period 2012-15 and is available on the ACMA intranet.

People and capability development The ACMA is committed to maintaining access to the capabilities it needs to deliver on its outcomes. It does this by:

> identifying its critical people and agency capabilities

> developing individual staff

> making sure that individual and agency skills and knowledge transfer is understood and supported, along with individual staff professional and career development interests.

This commitment is further supported through the goals and strategies outlined in the agency’s workforce plan.

The ACMA’s net expenditure in 2013-14 for employee learning and development was $437,664. This figure includes staff attendance at general training, conferences and seminars, and studies assistance. Staff attended a range of learning and development activities, from public service writing courses to industry-related conferences.

During the year, 41 employees were supported under the ACMA’s Studies Assistance Guidelines. Employees undertook tertiary qualifications in specialised fields such as accounting, law, management, public policy and economics.

The ACMA Mentoring Program The ACMA Mentoring Program was launched in 2011 and 75 mentoring partnerships have since been formed. Feedback from program participants and senior ACMA managers is very positive.

The program provides opportunities for staff to make connections and form relationships across the agency, taking advantage of the diversity and experience on offer. Interest and involvement in the program covers a diverse range of classifications and positions within the agency with strong support from the leadership group.

In 2014, the program was expanded to include external mentors, with five mentors from the ACCC matched with ACMA mentees, making a total of 11 mentoring partnerships for the year. The external mentor initiative is designed to gain exposure to broader perspectives and challenges, and ultimately to enhance participants’ capacity to manage the challenges and opportunities that exist within the wider APS environment. Feedback from both agencies on this expansion initiative has been very positive.

136 | Chapter 4 Managing and developing our resources

Outcomes of the examination of ACMA professional streams The ACMA is committed to attracting and retaining the professional capabilities it needs to undertake its work. In 2012, the agency undertook an examination of its professional streams to confirm that strategies were in place (or being implemented) to guarantee current and future access to critical capabilities. As a result of that examination, the Chairman approved a number of outcomes to implement for staff occupying roles in the ICT and engineering and technical job families.

Implementation of these outcomes was undertaken during 2013-14, including by establishing separate professional streams, expanded broadband facilities, and more structured learning and development arrangements for staff in these job families.

Performance management The ACMA’s performance management framework is designed to help it achieve organisational outcomes and outputs by managing employee performance, supporting employees in the workplace, and maintaining healthy and sustainable work practices. The framework specifically benefits employees by clarifying expectations, enabling improved individual work performance, increasing skills and knowledge, and enhancing career opportunities.

Individual performance and development plans identify the key targets and performance expectations needed to achieve the objectives of both area business plans and the ACMA corporate plan. Time frames within the framework align with the ACMA’s annual planning cycle and allow for effective communication and formal feedback at regular intervals.

Creating Knowledge program Established in 2007, Creating Knowledge is a strategic learning program designed to facilitate the sharing of knowledge and expertise across the organisation, and build knowledge of the external environment.

The program brings interesting and relevant speakers from varying backgrounds to speak on a range of topics from health and wellbeing to public policy and leadership. The 2013-14 program was well attended, and included Jeff Kennett speaking about the work of beyondblue and Professor Jeff Brand discussing the latest research on the moderngamer.

During the reporting period, six Creating Knowledge events were held, with an average of 77 ACMA staff attending each event.

Client Service Charter The Client Service Charter outlines the ACMA’s goals and the broad range of services it provides. The charter provides advice on how clients can contact the ACMA, service standards and complaints procedures. It also reflects the ACMA’s commitment to providing efficient, effective and relevant services delivered in an environment of mutual respect. See Table39 for a summary of client service complaints and compliments in 2013-14.

Table 39: Summary of client service complaints and compliments, 2013-14

Description Total no. of complaints* Total no. of compliments

Courtesy and respect 1 -

Service delivery of individual staff members 1 1

Response time to complaint - -

Accessible information 5 -

*Indicates total number of complaints received (not assessed against service commitments or standards in the Client Service Charter).

ACMA Annual report 2013-14 | 137

Information management

Transformation agenda The reporting period saw the continued rollout of major transformation projects, focusing on rationalising and enhancing business systems. A series of business systems was delivered during the year, including:

> enabling external spectrum assigners to manage spectrum licences online

> delivering a significantly enhanced website with a modern look and feel

> providing the Customer Relationship Management platform and communications technology for the new Customer Service Centre (see case study on page140)

> extending the Customer Relationship Management platform and integrating with new external forms technology to allow licensees to engage online with the ACMA when lodging compliance information.

The ICT transformation has also significantly improved the productivity and efficiency of the agency’s ICT platform. The ACMA’s results from the Australian Government Information Management Office (AGIMO) annual ICT benchmark of all federal government entities reinforced the benefits of this transformation agenda.

Highlights Spectrum management Work has continued on the development of the new spectrum management system, includingthe:

> successful reissue of spectrum licences in the 1800 MHz band

> successful trading of licences in the 1800MHz and 2.3 GHz bands

> use of B2G connectivity to enable automated upload of device re-registrations for the 800 and 1800 MHz bands

> completion of requirements and design for the apparatus licensing system functionality.

Managing cases and complaints The ACMA has now established the basis for standardised case management tools across the agency. This includes:

> implementing the infrastructure, architecture and build of the ACMA’s new generation eBusiness portal

> extending the eBusiness solution to deliver compliance reporting and monitoring systems for regional radio and broadcaster captioning compliance

> extending the end-to-end case management and CRM system to facilitate the creation and operational support of an ACMA Customer Service Centre

> delivering a new e-Forms solution that facilitates the capture, analysis and submission of electronic data from customers, industry and citizens alike

> delivering an integrated end-to-end case management system for anti-spam complaints and investigations

> preparing for a replacement compliance and field operations investigation system

> realising the full benefits of the standardised case management platform for internet and gambling complaints, enabling the equivalent of what was previously a year’s worth of work to be undertaken every month.

138 | Chapter 4 Managing and developing our resources

eBusiness and Gov 2.0 engagement The ACMA has made advances in systems designed to facilitate interaction with external audiences, particularly consumers and industry. This includes:

> expanded use of eBusiness user authentication, with a two-fold increase of eBusiness systems provided by the ACMA that use the standard government AUSkey solution.

> continued evolution of the ACMA website, with a new homepage design and trial use of an interactive online tool to facilitate G2B (government to business) and G2C (government to consumer) consultations.

Information management and staffproductivity > During the reporting period, the ACMA continued to modernise and improve

the way ithandles information. This included: improved records compliance and the transition to a new single records management platform

> incremental advances in user-managed intranet collaboration tools

> the integration of records management with case management systems.

Technology, practices and architecture Achievements during 2013-14 included the ongoing development of infrastructure and architecture to improve the cost, reliability and agility of ACMA systems. For example:

> successfully managing the relocation of phones and desktops as part of the Canberra and Melbourne office moves

> relocating the ACMA’s server and communications infrastructure to the new Canberra premises

> deploying new PCs to all staff that comply with the ASD Top Four Mitigation Strategies and align with the Whole-of-Government Common Operating Environment (COE) standards. The new PCs are also significantly faster, quieter and comply with green initiatives to reduce the cost and environmental impact of IT

> upgrading communications links between ACMA offices to enable greater use of videoconferencing and other collaborationtools

> evolving service-oriented applications architecture to integrate processes and data across enterprise systems.

ACMA Annual report 2013-14 | 139

Case study

Customer Service Centre

In 2013-14, the ACMA set out to transform the way it interacts with its customers. In a new approach to customer service and client management, it created a Customer Service Centre within its Communications Infrastructure Division (CID).

CID is the largest division in the ACMA— it provides a wide range of products and services, and has a significant customer service focus.

Previously, customers had more than 100 options for contacting the ACMA. Feedback and experience confirmed that having such a wide choice made it more difficult for a customer to find the right person the first time. These pathways were consolidated into the Customer Service Centre.

The centre began operating on 3March 2014, offering a single phone number—1300850115—and email address—info@acma.gov.au.

It provides a seamless single point of contact for customers seeking information, advice or services from CID. This can include:

> applying for a licence

> reporting interference to radiocommunications services or television or radio reception

> buying a smartnumber

> enquiring about cabling.

Strengthening the ACMA’s knowledge base, the centre brings together staff with a strong understanding of CID’s products and services. Creating a considerable repository of the ACMA’s products and services means customers can expect an even higher quality of service.

In the next reporting period, the ACMA will expand the scope of the centre across the organisation, creating a single point of contact for customers seeking any product or service.

Centralised customer contact model

Information centre

A

B C

D

Phone

Web

Customer contact points

Business areas

Email Fax

Mail

Other digital channels

Single point of contact

Trained staff use set procedures to deal with matters as agreed by business areas

>

Info centre staff escalate agreed matters in line with procedures developed by business areas

>

>

140 | Chapter 4 Managing and developing our resources

Communications and engagement

Major engagement campaigns undertaken during the reporting period included the IMR Standard, Mobile Network Performance Forum, Regulatory Compliance Mark, TCP Code, new frequency arrangements for wireless microphones, jamming devices and mobile broadband research.

Many of the campaign activities were run through the new ACMA website launched in May 2013. The new site has made it possible for the agency to run well-planned, low-cost engagements with rich, vibrant content targeted at relevant users in a way that was not previously achievable. Content and services are delivered on any device at any time, using a variety of formats from blogs, tweets and infographics to video, webcasts, webinars and other rich-media presentations.

Social media In 2013-14, the ACMA’s social media use became more sophisticated, increasing audiences and reach across the major channels—Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram and Tumblr. Thegrowth and development of the ACMA’s social media offering allowed it to target specific audiences, speak directly with the public and create a multi-channel approach to its campaigns.

Social media has become crucial to the ACMA’s business objectives. It plays a vital role in a number of strategies to engage industry and consumer stakeholders to deliver outcomes that are transparent, coherent and consistent.

Our infographic on dodgy online devices was seen by 24,900 unique Facebook users.

ACMA Annual report 2013-14 | 141

Email outreach During the year, the ACMA continued to use tailored email outreach campaigns to meet specific needs of stakeholders. The email outreach portfolio includes engage—a monthly e-bulletin of general interest—as well as campaign-based e-bulletins on issues such as new arrangements for wireless microphones, marine radio, 400MHz band changes and international regulatory news.

Media engagement In 2013-14, the ACMA issued 80 media releases. It also conducted joint media activities with other agencies and organisations, including the AFP, the ACCC, the Office of the Australian Privacy Commissioner and Microsoft.

The ACMA actively focuses on building relationships with key media personnel. This has included informal catch-ups with journalists and communications professionals, and backgrounder briefings. This program has contributed to the generally healthy relationships the ACMA enjoys with members of the media.

Award nominations In March 2014, the ACMA received three nominations in the 2014 CommsCon Awards for PR and communications professionals. The awards are hosted by Mumbrella, a leading Australian online media and marketing publication. In announcing the shortlist for the awards, Mumbrella noted its three nominations made the ACMA the ‘best recognised governmental body’.

Financial management

The ACMA continues to enhance its financial management. During 2013-14, further adjustments to reporting frameworks improved access to, and provision of, quality financial information for internal and external stakeholders. The ACMA continues to review key areas within the financial management remit so that all ACMA processes align with legislative changes and best practice.

The ACMA met all of its statutory budgeting and reporting requirements and deadlines as set down by the Department of Finance and Deregulation and the Australian National Audit Office (ANAO).

Key achievements during the year included:

> further enhancing the forward-year budget allocation process

> improving accessibility to the Financial Management Information System

> further enhancing the online Broadcast Licence Fee returns system, to improve ease of use

> implementing the new online Eligible Revenue Returns portal, enabling carriers to more easily meet their legislative obligations.

The ACMA achieved an operating surplus in 2013-14 as a result of supplier and employment cost savings, and other revenue increases.

The ACMA’s financial statements for 2013-14 were prepared in accordance with section57 of the FMA Act and the Finance Minister’s Orders. The ANAO issued an unmodified audit opinion on the statements and notes (see Appendix 18).

142 | Chapter 4 Managing and developing our resources

Procurement and contract management During 2013-14, the ACMA continued to strengthen its procurement and contract management capabilities, putting appropriate controls in place to comply with the FMA Act and the Commonwealth Procurement Rules. The ACMA used a range of template documents to procure goods and services that, in alignment with internal policies, means it obtained value-for-money procurement.

The ACMA has updated its policies and procedures in preparation for the implementation of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) in 2014-15.

Grant programs The ACMA does not administer any grant programs.

Asset management The ACMA’s asset management procedures and policies reflect relevant legislation and best practice. Major asset categories include land, buildings, leasehold improvements, plant, equipment and intangibles such as software that is either developed in-house or purchased from third-party vendors. Assets are valued at fair value with their carrying values and useful lives being reviewed annually.

At the end of 2013-14, the ACMA had a net total value of $52.393million in net assets. During the year, the capital management plan was further developed to help the ACMA with its capital planning requirements.

Property management

The ACMA property portfolio includes leased, licensed and Commonwealth-owned premises, ranging from office accommodation in the major capital cities to small radio monitoring sites at remote locations. The ACMA continues to review its office accommodation in accordance with the Commonwealth Property Management Guidelines and operational requirements.

The ACMA entered into new 10-year leases for both the Canberra and Melbourne premises during 2013-14 and undertook internal fit-outs, achieving new and efficient office environments.

Both offices feature modern fit-outs and have been designed with sustainable solutions to achieve a 4.5star NABERS energy rating. This is in line with the green lease initiative issued by the Department of Climate Change and Energy Efficiency .

Ecologically sustainable development and environmental performance The ACMA has an ongoing commitment to reduce the organisation’s impact on the environment through various measures, including procuring green power and reducing energy consumption through energy-efficient office fit-outs. Further measures include, but are not limited to:

> extensively using videoconferencing facilities to reduce air travel

> implementing forced ‘out-of-hours’ computer terminal shutdown

> using environmentally friendly cleaning products

> separating office waste into recyclable and non-recyclable components.

The ACMA accords with relevant ecologically sustainable development and environmental requirements, and reports its performance annually though the Government Greenhouse Energy Reporting requests and the National Environment Protection Measures reporting requirements. It also provides information to the Energy and Environment Survey undertaken by the Australian Bureau of Statistics.

ACMA Annual report 2013-14 | 143

Appendixes 1. ACMA offices

2. ACMA committees, memberships and attendance at meetings

3. Staffing information

4. Licensing and licence allocations

5. Programs and content

6. Broadcasting investigations outcomes 2013-14

7. Freedom of information—Information Publication Scheme

8. Legislation

9. Directions and legislative instruments

10. Disclosures of information

11. Judicial and administrative decisions

12. Consultancies, advertising expenditure and competitive tendering

13. Outcome table

14. Agency resource statement

15. Performance against PBS KPIs and deliverables

16. Regulatory impact analysis compliance report

17. Compliance index

18. Financial statements

Appendix 1: ACMA offices

Canberra Red Building, Benjamin Offices Chan Street, Belconnen PO Box 78, Belconnen ACT 2616 T +61 2 6219 5555 F +61 2 6219 5353

Melbourne Level 32, Melbourne Central Tower 360 Elizabeth Street, Melbourne PO Box 13112 Law Courts, Melbourne VIC 8010 T +61 3 9963 6800 F +61 3 9963 6899

Sydney Level 5, The Bay Centre 65 Pirrama Road, Pyrmont PO Box Q500, Queen Victoria Building NSW 1230 T +61 2 9334 7700, 1800 226 667 F +61 2 9334 7799

Brisbane 424 Upper Roma Street Brisbane QLD 4000 PO Box 288, Red Hill QLD 4059 T +61 7 3247 7111 F +61 7 3247 7100

Parramatta Level 3, 100 George Street Parramatta NSW 2150 PO Box Q500, Queen Victoria Building NSW 1230 T +61 2 9334 7700 F +61 2 9334 7733

Hobart 601 Back Tea Tree Road Richmond TAS 7025 T +61 3 6268 0982 F +61 3 6268 0246

ACMA Annual report 2013-14 | 145

Appendix 2: ACMA committees, memberships and attendance at meetings

The following tables provide information about ACMA committees, memberships and attendance at meetings in 2013-14.

Authority meetings

At 30 June 2014, the Authority comprised the Chairman, the Deputy Chair, one full-time Member, four part-time Members and one Associate Member.

The Authority met 21 times in 2013-14.

Table 40: Attendance by Members at Authority meetings, 2013-14

Authority Member No. of meetings attended

Chris Chapman, Chairman 21

Richard Bean, Deputy Chair 20

Chris Cheah, full-time Member 19

Reg Coutts, part-time Member 14

Louise Benjamin, part-time Member 20

Anita Jacoby, part-time Member 15

James Cameron, part-time Member 17

Rosemary Sinclair, part-time Member 15

Rod Sims, Associate Member 0

146 | Appendixes

Executive Group meetings

The ACMA Executive Group functions as a senior oversight committee for management decisions. The Executive Group assists the Chairman by providing counsel on issues of high-level corporate or strategic significance to the agency.

Table 41: Attendance at Executive Group meetings, 2013-14

Member of Executive Group No. of meetings

attended

Chris Chapman, Chairman 10

Richard Bean, Deputy Chair 9

Chris Cheah, full-time Member 9

Carsten Larsen, Acting General Manager, Corporate Services and Coordination (1 July 2013-16 March 2014) 7

Giles Tanner, General Manager, Digital Economy 10

Maureen Cahill, General Manager, Communications Infrastructure (1 July 2013-16 March 2014); General Manager, Corporate Services and Coordination (17 March-30 June 2014) 11

Brendan Byrne, General Manager, Legal Services 10

Jennifer McNeill, General Manager, Content, Consumer and Citizen 10

Allan Major, Acting General Manager, Communications Infrastructure (17 March-30 June 2014) 3

Audit Committee

The Audit Committee coordinates internal and external audit activities, and oversees the financial statements, risk management framework and implementation of fraud control policies.

In its capacity as an advisory committee to the ACMA Chairman, the Audit Committee met four times in 2013-14.

Table 42: Attendance by Members at Audit Committee, 2013-14

Members No. of meetings

attended

Richard Bean, Audit Committee Chair 4

Michael Harris, Independent Audit Committee Member 4

Fay Holthuyzen, Independent Audit Committee Member 4

Mark Loney, ACMA Audit Committee Member (from March 2013) 4

Vince Humphries, ACMA Audit Committee Member (to November 2013) 2

Jonquil Ritter, ACMA Audit Committee Member (from November 2013) 2

ACMA Annual report 2013-14 | 147

Membership of advisory and consultative bodies

Consumer Consultative Forum(CCF) > Australian Communications and Media Authority (Chair)

> Australian Competition and Consumer Commission > Australian Mobile Telecommunications Association

> Communications Alliance > Department of Communications > Telecommunications Industry Ombudsman

Consumer representatives > Stella Avramopoulos, Kildonan Uniting Care > Hollie Baillieu, National Farmers

Federation (from 27 March 2014) > Narelle Clark, Internet Society of Australia > Teresa Corbin, Australian Communications Consumer Action Network

> Chris Jeffery, Council on the Ageing WA (from 27 March 2014) > Rex Lai, Chinese Association of Victoria > Catriona Lowe, Consumers Federation

of Australia (from 27 March 2014) > Professor Julian Thomas, Swinburne University of Technology

Emergency Call Services Advisory Committee (ECSAC) > Australian Communications and Media Authority (Chair)

> Ambulance Tasmania > Attorney-General’s Department > Australian Capital Territory Emergency Services Authority

> Australian Communications Consumer Action Network > Australian Communication Exchange Limited

> Department of Communications > Queensland Ambulance Services > Emergency Services Telecommunications Authority, Victoria

> Internet Industry Association1 > iiNet Limited > NBN Co Limited > New South Wales Police Force

> Fire and Rescue NSW > Northern Territory Police, Fire and Emergency Services > Singtel Optus Pty Ltd

> South Australia Ambulance Service > St John Ambulance, Western Australia > Telecommunications Universal Service Management Agency

> Telstra Corporation > Victoria Police > Vodafone Hutchison Australia Pty Limited

Numbering Advisory Committee(NAC) > AAPT Ltd > Australian Communications

and Media Authority > Australian Communications Consumer Action Network > Australian Competition and

Consumer Commission > Australian Phone Word Association Ltd > Mr Lawrence Glen Clarke > Communications Alliance Ltd

> Department of Communications > My Net Fone Ltd > SingTel Optus Pty Ltd > Telstra Corporation Ltd

> Vodafone Hutchison Australia Pty Ltd

Observers > Industry Number Management Services > M2

> Verizon Australia Pty Ltd

Technical Advisory Group (TAG) > Australian Communications and Media Authority (Chair) > Australian Competition and

Consumer Commission > Australian Communications Consumer Action Network > Australian Industry Group

> Australian Information Industry Association > Australian Mobile Telecommunications Association > Broadcasting Industry

Technical AdvisoryGroup > Consumer Electronics Suppliers’ Association > Communications Alliance Ltd

> Department of Communications > Internet Society of Australia > National Association of Testing Authorities > NBNCo

> Standards Australia > Telecommunications Industry Ombudsman > Telecommunications Universal Service Management Agency

1 Internet Industry Association ceased trading and its operations and responsibilities were taken over by Communications Alliance Limited on 24 March 2014.

148 | Appendixes

New South Wales Submarine Cable Protection Zone AdvisoryCommittee > Australian Communications

and Media Authority (Chair) > Advisory Council on Recreational Fishing > Australia-Japan Cable > Australian Shipowners Association

> Commercial dive operator > Commercial fisher > Department of Premier and Cabinet (NSW) > Department of Sustainability, Environment,

Water, Population and Communities > Southern Cross Cables > Sydney Ports

Western Australia Submarine Cable Protection Zone AdvisoryCommittee > Australian Communications

and Media Authority (Chair) > Australian Petroleum Production and Exploration Association > Australian Shipowners Association

> Commercial dive operator > Department of Premier and Cabinet (WA) > Department of Sustainability, Environment, Water, Population and Communities

> Fremantle Ports > REACH > Recfishwest > Western Australian Fishing Industry Council

Radiocommunications Consultative Committee (RCC) Chairman > Full-time Member, Australian

Communications and Media Authority

Members > Australian Mobile Telecommunications Association > Australian Radio Communications

Industry Group > Australian Subscription Television and Radio Association > Bureau of Meteorology

> Commercial Radio Australia > Communications Alliance Ltd > Department of Communications > Department of Defence

> Free TV Australia > National Coordinating Committee for Government Radiocommunications > Space Industry Association of Australia

ACMA Annual report 2013-14 | 149

Appendix 3: Staffing information

150 | Appendixes

Table 43: Staff profiles by employment type, gender and location, 2013-14* NATIONAL

ONGOING

NON-ONGOING

Full-time

Full-time

Part-time

Part-time

Full-time

Full-time

Part-time

Part-time

Classification

Male

Female

Male

Female

Male

Female

Male

Female

Total

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

SES 2

2

2

2

2

4

4

SES 1

10

7

5

6

1

16

13

EL2

34

29

26

26

1

1

10

9

2

73

65

Principal Lawyer

6

6

6

6

1

13

12

EL1

95

89

50

51

3

5

35

33

6

3

4

2

1

1

2

196

184

Senior Lawyer

1

2

8

7

1

1

2

1

12

11

ACMA 6

68

60

70

61

1

1

14

19

7

5

9

6

2

171

152

Lawyer

1

1

1

1

ACMA 5

18

16

18

13

1

6

7

1

4

1

48

37

ACMA 4

9

8

18

16

2

6

8

2

2

1

39

33

ACMA 3

1

1

1

1

1

1

2

2

5

5

ACMA 2

1

1

2

Graduate

ACMA 1

TOTAL

245

221

204

189

9

7

73

78

23

11

19

10

2

1

5

580

517

*Substantive classification. Excludes seven statutory office-holders.

ACMA Annual report 2013-14 | 151

CANBERRA

ONGOING

NON-ONGOING

Full-time

Full-time

Part-time

Part-time

Full-time

Full-time

Part-time

Part-time

Classification

Male

Female

Male

Female

Male

Female

Male

Female

Total

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

SES 2

2

2

2

2

SES 1

7

4

1

7

5

EL2

14

12

8

9

2

2

1

25

23

Principal Lawyer

1

1

1

1

1

3

2

EL1

41

39

15

15

1

1

2

3

3

1

63

58

Senior Lawyer

3

3

3

3

ACMA 6

21

18

24

23

4

4

3

2

1

53

47

Lawyer

ACMA 5

7

7

9

7

1

1

17

15

ACMA 4

4

4

11

10

4

5

1

1

20

20

ACMA 3

1

1

2

1

3

2

ACMA 2

1

1

2

Graduate

ACMA 1

TOTAL

95

85

74

72

1

1

13

14

9

3

2

2

2

2

198

177

152 | Appendixes

MELBOURNE

ONGOING

NON-ONGOING

Full-time

Full-time

Part-time

Part-time

Full-time

Full-time

Part-time

Part-time

Classification

Male

Female

Male

Female

Male

Female

Male

Female

Total

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

SES 2

SES 1

3

3

2

2

5

5

EL2

11

9

7

6

1

1

2

2

1

22

18

Principal Lawyer

4

4

4

4

EL1

38

34

20

19

2

3

19

19

1

3

2

1

2

84

79

Senior Lawyer

1

4

3

1

1

2

1

7

6

ACMA 6

28

25

25

19

1

1

9

12

2

2

2

2

67

61

Lawyer

1

1

1

1

ACMA 5

8

6

7

5

6

7

1

2

24

18

ACMA 4

1

1

4

4

2

2

1

8

7

ACMA 3

1

1

1

1

ACMA 2

Graduate

ACMA 1

TOTAL

95

85

69

58

5

5

38

43

8

6

6

3

2

223

200

ACMA Annual report 2013-14 | 153

SYDNEY

ONGOING

NON-ONGOING

Full-time

Full-time

Part-time

Part-time

Full-time

Full-time

Part-time

Part-time

Classification

Male

Female

Male

Female

Male

Female

Male

Female

Total

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

SES 2

2

2

2

2

SES 1

3

3

1

4

3

EL2

8

7

11

11

5

4

24

22

Principal Lawyer

1

1

4

4

5

5

EL1

15

15

15

17

1

14

11

2

2

1

1

48

46

Senior Lawyer

1

1

1

1

2

2

ACMA 6

13

11

21

19

1

3

1

7

4

1

44

37

Lawyer

ACMA 5

2

1

1

1

4

1

ACMA 4

2

3

1

1

1

1

1

6

4

ACMA 3

1

1

1

1

2

ACMA 2

Graduate

ACMA 1

TOTAL

44

41

57

55

1

1

21

20

5

1

11

5

1

1

140

124

154 | Appendixes

REGIONS

^

ONGOING

NON-ONGOING

Full-time

Full-time

Part-time

Part-time

Full-time

Full-time

Part-time

Part-time

Classification

Male

Female

Male

Female

Male

Female

Male

Female

Total

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

01.07.13

30.06.14

SES 2

SES 1

EL2

1

1

1

1

2

2

Principal Lawyer

1

1

1

1

EL1

1

1

1

1

Senior Lawyer

ACMA 6

6

6

1

1

7

7

Lawyer

ACMA 5

1

2

1

1

1

3

3

ACMA 4

2

2

2

1

5

2

ACMA 3

ACMA 2

Graduate

ACMA 1

TOTAL

11

10

4

4

2

1

1

1

1

19

16

^ Includes Parramatta, Hobart and Brisbane.

ACMA Annual report 2013-14 | 155

Table 44: Salary ranges of employees, 30 June 2014

ACMA local designation Equivalent APS classification ($)

ACMA 1.1 APS Level 1 43,539

ACMA 1.2 48,019

ACMA 2.1 APS Level 2 48,986

ACMA 2.2 54,070

ACMA 3.1 APS Level 3 55,713

ACMA 3.2 57,125

ACMA 3.3 60,618

ACMA 4.1 APS Level 4 62,444

ACMA 4.2 64,067

ACMA 4.3 67,907

ACMA 5.1 APS Level 5 69,619

ACMA 5.2 71,679

ACMA 5.3 75,196

ACMA 6.1 APS Level 6 76,767

ACMA 6.2 80,623

ACMA 6.3 86,738

ACMA EL1.1 Executive Level 1 93,353

ACMA EL1.2 98,202

ACMA EL1.3 105,318

ACMA EL1.4* (Restricted) 115,983

ACMA EL2.1 Executive Level 2 113,009

ACMA EL2.2 120,588

ACMA EL2.3 128,147

ACMA EL2.4 133,747

ACMA EL2.5** (Restricted) 136,898

Lawyer/Legal Officer 1.1 APS Level 5 69,619

Lawyer/Legal Officer 1.2 APS Level 5 75,196

Lawyer/Legal Officer 1.3 APS Level 6 76,767

Lawyer/Legal Officer 1.4 APS Level 6 86,738

Snr Lawyer/Legal Officer 2.1 Executive Level 1 93,353

Snr Lawyer/Legal Officer 2.2 Executive Level 1 105,318

Snr Lawyer/Legal Officer 2.3 Executive Level 1 115,983

Principal Lawyer 3.1 Executive Level 2 128,147

Principal Lawyer 3.2 Executive Level 2 133,747

Tech Trainee 1 Trainee APS (Technical) 43,539

Tech Trainee 2 Trainee APS (Technical) 48,019

Tech Trainee 3 Trainee APS (Technical) 48,986

Tech Trainee 4 Trainee APS (Technical) 54,070

Graduate 1.1 Graduate APS 55,713

Graduate 1.2 Graduate APS 60,618

Graduate 1.3*** APS Level 4 62,444

*Restricted to employees locally designated as Snr Lawyer/Legal Officer. **Restricted to employees ‘grandfathered’ from ABA/ACA on this paypoint. ***On successful completion of the graduate year, a graduate will be allocated an ACMA 3 (APS Level 3) local designation and immediately advanced to ACMA 4 (APS Level 4).

Abbreviations used in this appendix—SES: Senior Executive Service; EL: Executive Level; APS:Australian Public Service.

156 | Appendixes

Appendix 4: Licensing and licence allocations

Table 45: Carrier licences, 2013-14

No. Carrier licence granted to Date granted

347 Net Open Access Pty Ltd 30 July 2013

348 O3b Teleport Services (Australia) Pty Ltd 5 September 2013

349 Uniti Wireless Pty Ltd 11 September 2013

350 Caramel Computing Pty Ltd 11 September 2013

351 Acurix Networks Pty Ltd 11 September 2013

352 Jeanneret Electrical Technologies 26 September 2013

353 RCS Telecommunications Pty Ltd 17 October 2013

354 Chargepoint Pty Ltd 5 December 2013

355 Eutelsat Asia Pte Ltd 9 December 2013

356 CMSG Pty Ltd 14 January 2014

357 TransGrid 4 February 2014

358 Geraldton DC Pty Ltd 6 February 2014

359 Wellcamp Business Park Pty Ltd 8 April 2014

360 Infrastructure Logic Pty Ltd 8 April 2014

361 Myport Pty Ltd 9 April 2014

362 Optus Satellite Network Pty Ltd 9 April 2014

363 March IT Pty Ltd 29 April 2014

364 Trident Subsea Cable Australia Pty Ltd 14 May 2014

365 Duxtel Pty Ltd 29 May 2014

366 Building Connect Pty Ltd 5 June 2014

367 BTelecom Pty Ltd 10 June 2014

368 Wan Solutions Pty Ltd (trading as Kodo Technologies) 17 June 2014

ACMA Annual report 2013-14 | 157

Table 46: Nominated carrier declarations, 2013-14

No. Nominated carrier declared Network unit(s) Date made

125 Wireless

Broadband Engineering PtyLtd

Multiple line links and designated radiocommunications facilities, being the ActewAGL single-mode optical fibre (SMOF) and optical fibre ground wire (OPGW network), ActewAGL Trunked Mobile Radio (TMR) Network and Digital Data Radio Network (DDRN) owned or operated by ActewAGL Distribution

12 July 2013

126 AAPT Limited Multiple line links and designated radiocommunications facilities owned by PowerTel Limited 9 August 2013

127 O3b Teleport Services (Australia) Pty Ltd

Satellite-based facilities owned by O3b Limited 8 October2013

128 NT Technology Services Pty Ltd Network unit or units owned by Lend Lease Development Pty Ltd located at 8Waterside Place, Docklands Victoria 3008—‘Convesso’;

9Waterside Place, Docklands Victoria 3008—‘Concavo’; 807- 811Bourke Street, Docklands Victoria 3008—‘Forte’; 815Bourke Street, Docklands Victoria 3008—‘Serrata’; 55Merchant Street, Docklands Victoria 3008—‘Exo’; and Dock5, 7Hubbuck Lane, Docklands VIC 3008—Head End Location

13 March 2014

129 Telstra

Corporation Limited

Network unit or units owned by Santos Qld Upstream Developments Pty Ltd, being fibre optic cables located in Queensland running between the Telstra exchange at Wallumbilla and various sites in the Bowen Basin, in which Santos or a related body corporate (‘RBC’) has an ownership interest or for which Santos or a RBC is the operator

17 June 2014

Table 47: Apparatus licences, 2012-14

Licence type 30 June 2012 30 June 2013 30 June 2014

Aeronautical 2,106 2,221 2,247

Aircraft 11 12 12

Amateur 15,760 15,540 15,316

Broadcasting 10,091 9,285 8,682

Defence 74 76 76

Earth 579 688 732

Earth receive 581 674 711

Fixed 44,140 41,093 41,755

Fixed receive 1,012 1,007 1,007

Land mobile 68,905 69,287 68,847

Major coast receive 17 17 17

Maritime coast 3,504 3,545 3,452

Maritime ship 7,884 7,664 7,327

Outpost 4,106 3,889 3,585

PTS 657 691 714

Radiodetermination 2,899 2,923 2,999

Scientific 504 497 526

Space 102 106 107

Space receive 338 301 279

Total 163,270 159,516 158,391

158 | Appendixes

Table 48: Retransmission services, 2013-14

Radio/ TV Area State Applicant Frequency

(MHz)/channel Date of effect Date of

expiry

Radio Menzies WA Shire of Menzies 102.1 01/08/2013 31/07/2014

TV Airlie Cove Resort

and Van Park

Qld Airlie Cove Pty Ltd 564.5/33 13/08/2013 12/08/2014

TV Airlie Cove Resort

and Van Park

Qld Airlie Cove Pty Ltd 536.5/29 13/08/2013 12/08/2014

TV Airlie Cove Resort

and Van Park

Qld Airlie Cove Pty Ltd 543.5/30 13/08/2013 12/08/2014

TV Airlie Beach Qld Airlie Cove Pty Ltd 550.5/31 13/08/2013 12/08/2014

TV Airlie Cove Resort

and Van Park

Qld Airlie Cove Pty Ltd 557.5/32 13/08/2013 12/08/2014

TV Denham WA Shire of Shark Bay 571.5/34 02/08/2013 01/08/2014

TV Denham WA Shire of Shark Bay 578.5/35 01/08/2013 31/07/2014

TV Denham WA Shire of Shark Bay 585.5/36 02/08/2013 01/08/2014

TV Denham WA Shire of Shark Bay 592.5/37 02/08/2013 01/08/2014

Radio Leigh Creek SA Flinders Power Holdings

GMBH and Others

97.7 17/09/2013 01/06/2015

TV Yulara NT Voyages Indigenous Tourism

Australia Pty Ltd

676.5/49 09/10/2013 08/10/2014

TV Yulara NT Voyages Indigenous Tourism

Australia Pty Ltd

662.5/47 09/10/2013 08/10/2014

TV Yulara NT Voyages Indigenous Tourism

Australia Pty Ltd

620.5/41 09/10/2013 08/10/2014

TV Yulara NT Voyages Indigenous Tourism

Australia Pty Ltd

634.5/43 09/10/2013 08/10/2014

TV Yulara NT Voyages Indigenous Tourism

Australia Pty Ltd

648.5/45 09/10/2013 08/10/2014

TV Mitta Mitta Vic. Mitta Valley Community

TVInc.

662.5/47 21/11/2013 20/11/2014

TV Mitta Mitta Vic. Mitta Valley Community

TVInc.

655.5/46 21/11/2013 20/11/2014

TV Mitta Mitta Vic. Mitta Valley Community

TVInc.

669.5/48 21/11/2013 20/11/2014

TV Mitta Mitta Vic. Mitta Valley Community

TVInc.

676.5/49 21/11/2013 20/11/2014

TV Mitta Mitta Vic. Mitta Valley Community

TVInc.

683.5/50 21/11/2013 20/11/2014

Radio Newman WA Fortescue Metals Group Ltd 100.3 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 98.7 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 101.9 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 89.1 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 95.5 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 99.5 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 97.9 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 101.1 28/11/2013 27/11/2014

Radio Newman WA Fortescue Metals Group Ltd 97.1 28/11/2013 27/11/2014

TV Newborough Vic. RBA Holdings Pty Ltd 648.5/45 07/04/2014 06/04/2019

TV Newborough Vic. RBA Holdings Pty Ltd 634.5/43 07/04/2014 06/04/2019

TV Newborough Vic. RBA Holdings Pty Ltd 613.5/40 07/04/2014 06/04/2019

TV Newborough Vic. RBA Holdings Pty Ltd 641.5/44 07/04/2014 06/04/2019

TV Newborough Vic. RBA Holdings Pty Ltd 620.5/41 07/04/2014 06/04/2019

ACMA Annual report 2013-14 | 159

TV Trafalgar/

Yarragon

Vic. RBA Holdings Pty Ltd 648.5/45 07/04/2014 06/04/2019

TV Trafalgar/

Yarragon

Vic. RBA Holdings Pty Ltd 634.5/43 07/04/2014 06/04/2019

TV Trafalgar/

Yarragon

Vic. RBA Holdings Pty Ltd 613.5/40 07/04/2014 06/04/2019

TV Trafalgar/

Yarragon

Vic. RBA Holdings Pty Ltd 641.5/44 07/04/2014 06/04/2019

TV Trafalgar/

Yarragon

Vic. RBA Holdings Pty Ltd 620.5/41 07/04/2014 06/04/2019

TV Belmont North NSW RBA Holdings Pty Ltd 543.5/30 07/04/2014 06/04/2019

TV Belmont North NSW RBA Holdings Pty Ltd 529.5/28 07/04/2014 06/04/2019

TV Belmont North NSW RBA Holdings Pty Ltd 557.5/32 07/04/2014 06/04/2019

TV Belmont North NSW RBA Holdings Pty Ltd 564.5/33 07/04/2014 06/04/2019

TV Warners Bay NSW RBA Holdings Pty Ltd 543.5/30 07/04/2014 06/04/2019

TV Warners Bay NSW RBA Holdings Pty Ltd 529.5/28 07/04/2014 06/04/2019

TV Warners Bay NSW RBA Holdings Pty Ltd 557.5/32 07/04/2014 06/04/2019

TV Warners Bay NSW RBA Holdings Pty Ltd 564.5/33 07/04/2014 06/04/2019

TV Brisbane

SouthEast

Qld Tx Australia Pty Limited 543.5/30 10/12/2013 09/12/2018

TV Brisbane

SouthEast

Qld Tx Australia Pty Limited 550.5/31 10/12/2013 09/12/2018

TV Brisbane

SouthEast

Qld Tx Australia Pty Limited 564.5/33 10/12/2013 09/12/2018

Radio Maydena Tas. Central Highlands Council 89.7 27/08/2013 26/08/2014

Radio Pemberton WA Shire of Manjimup 97.3 11/02/2014 10/02/2015

Radio Rosslyn Hill Mine WA Rosslyn Hill Mining Pty Ltd 95.1 10/01/2014 09/01/2015

TV Mount Kembla NSW RBA Holdings Pty Ltd 655.5/46 02/06/2014 01/06/2019

TV Mount Kembla NSW RBA Holdings Pty Ltd 662.5/47 02/06/2014 01/06/2019

TV Mount Kembla NSW RBA Holdings Pty Ltd 683.5/50 02/06/2014 01/06/2019

TV Peregian Beach Qld RBA Holdings Pty Ltd 536.5/29 02/06/2014 01/06/2019

TV Peregian Beach Qld RBA Holdings Pty Ltd 557.5/32 02/06/2014 01/06/2019

TV Point Arkwright Qld RBA Holdings Pty Ltd 536.5/29 02/06/2014 01/06/2019

TV Point Arkwright Qld RBA Holdings Pty Ltd 557.5/32 02/06/2014 01/06/2019

TV Mudjimba Qld P. McCulloch 606.5/39 09/05/2014 05/02/2015

TV Tewantin Qld Sunshine Coast

RegionalCouncil

606.5/39 03/04/2014 02/04/2015

Radio Roy Hill WA Nixon Communications

PtyLtd

107.7 03/02/2014 02/02/2015

TV Mudjimba

(Mudjimba BeachHP)

Qld P. McCulloch 578.5/35 09/05/2014 08/05/2015

TV Mudjimba

(Mudjimba BeachHP)

Qld P. McCulloch 571.5/34 09/05/2014 08/05/2015

TV Mudjimba Qld P. McCulloch 592.5/37 09/05/2014 08/05/2015

TV Mudjimba

(Mudjimba BeachHP)

Qld P. McCulloch 599.5/38 09/05/2014 08/05/2015

TV Noosaville

(NoosaRiver HP) Qld Sunshine Coast RegionalCouncil

578.5/35 03/04/2014 02/04/2015

TV Noosaville

(NoosaRiver HP) Qld Sunshine Coast RegionalCouncil

571.5/34 03/04/2014 02/04/2015

160 | Appendixes

TV Noosaville

(NoosaRiver HP) Qld Sunshine Coast RegionalCouncil

592.5/37 03/04/2014 02/04/2015

TV Noosaville

(NoosaRiver HP) Qld Sunshine Coast RegionalCouncil

599.5/38 03/04/2014 02/04/2015

Radio Roy Hill WA Nixon Communications

PtyLtd

106.1 03/02/2014 02/02/2015

Radio Roy Hill WA Nixon Communications

PtyLtd

104.5 03/02/2014 02/02/2015

TV Tindal NT Department of Defence 655.5/46 20/03/2014 19/03/2015

TV Tindal NT Department of Defence 669.5/48 20/03/2014 19/03/2015

TV Tindal NT Department of Defence 613.5/40 20/03/2014 19/03/2015

TV Tindal NT Department of Defence 627.5/42 20/03/2014 19/03/2015

TV Tindal NT Department of Defence 641.5/44 20/03/2014 19/03/2015

TV Cocos Island

Home Island

ACT Department of Infrastructure 613.5/40 10/01/2014 09/01/2015

TV Cocos Island

Home Island

ACT Department of Infrastructure 627.5/42 10/01/2014 09/01/2015

TV Cocos Island

Home Island

ACT Department of Infrastructure 641.5/44 10/01/2014 09/01/2015

TV Cocos Island

Home Island

ACT Department of Infrastructure 655.5/46 10/01/2014 09/01/2015

TV Cocos Island

Home Island

ACT Department of Infrastructure 669.5/48 10/01/2014 09/01/2015

Radio Mukinbudin WA Shire of Mukinbudin 90.7 04/03/2014 03/03/2015

Radio Christmas Island Rocky Point WA Department of Infrastructure and Regional Development

93.3 29/04/2014 28/04/2015

Radio Christmas Island Rocky Point WA Department of Infrastructure and Regional Development

91.7 29/04/2014 28/04/2015

Radio Cocos Islands (West Island) WA Department of Infrastructure and Regional Development

98.9 29/04/2014 28/04/2015

Radio Christmas Island Drumsite WA Department of Infrastructure and Regional Development

95.7 29/04/2014 28/04/2015

Radio Cocos Island Home Island WA Department of Infrastructure and Regional Development

105.7 29/04/2014 28/04/2015

Radio Cocos Island Home Island WA Department of Infrastructure and Regional Development

107.3 29/04/2014 28/04/2015

Radio Cocos Island Home Island WA Department of Infrastructure and Regional Development

104.1 29/04/2014 28/04/2015

Radio Christmas Island Phosphate Hill WA Department of Infrastructure and Regional Development

89.3 29/04/2014 28/04/2015

Radio Christmas Island Phosphate Hill WA Department of Infrastructure and Regional Development

92.5 29/04/2014 28/04/2015

Radio Christmas Island Phosphate Hill WA Department of Infrastructure and Regional Development

90.1 29/04/2014 28/04/2015

Radio Christmas Island Phosphate Hill WA Department of Infrastructure and Regional Development

104.1 29/04/2014 28/04/2015

Radio Christmas Island Phosphate Hill WA Department of Infrastructure and Regional Development

92.5 29/04/2014 28/04/2015

Radio Christmas Island Rocky Point WA Department of Infrastructure and Regional Development

93.3 29/04/2014 28/04/2015

Radio Cobar NSW Cobar Shire Council 106.9 24/03/2014 10/08/2015

TV Byron Bay NSW RBA Holdings Pty Ltd 627.5/42 07/04/2014 06/04/2019

TV Byron Bay NSW RBA Holdings Pty Ltd 641.5/44 07/04/2014 06/04/2019

TV Byron Bay NSW RBA Holdings Pty Ltd 620.5/41 07/04/2014 06/04/2019

TV Anglesea/

AireysInlet

Vic. Tx Australia Pty Limited 536.5/29 08/04/2019 07/04/2024

ACMA Annual report 2013-14 | 161

TV Anglesea/

AireysInlet

Vic. Tx Australia Pty Limited 543.5/30 08/04/2014 07/04/2019

TV Anglesea/

AireysInlet

Vic. Tx Australia Pty Limited 529.5/28 08/04/2014 07/04/2019

Radio Mt Whaleback Mine WA BHP Billiton Iron Ore Pty Ltd 102.5 10/07/2014 17/07/2015

TV Picton NSW Tx Australia Pty Limited 543.5/30 08/04/2014 07/04/2019

TV Picton NSW Tx Australia Pty Limited 529.5/28 08/04/2014 07/04/2019

TV Picton NSW Tx Australia Pty Limited 557.5/32 08/04/2014 07/04/2019

TV Picton NSW Tx Australia Pty Limited 564.5/33 08/04/2014 07/04/2019

TV Picton NSW Tx Australia Pty Limited 550.5/31 08/04/2014 07/04/2019

TV Sydney

NorthWest

NSW Tx Australia Pty Limited 529.5/28 08/04/2014 07/04/2019

TV Sydney

NorthWest

NSW Tx Australia Pty Limited 550.5/31 08/04/2014 07/04/2019

TV Sydney

SouthWest

NSW Tx Australia Pty Limited 627.5/42 08/04/2014 07/04/2019

TV Sydney

SouthWest

NSW Tx Australia Pty Limited 634.5/43 08/04/2014 07/04/2019

TV Broadford Vic. Mitchell Shire Council 662.5/47 07/04/2014 06/04/2015

TV Broadford Vic. Mitchell Shire Council 669.5/48 07/04/2014 06/04/2015

TV Broadford Vic. Mitchell Shire Council 683.5/50 07/04/2014 06/04/2015

TV Broadford Vic. Mitchell Shire Council 655.5/46 07/04/2014 06/04/2015

TV Broadford Vic. Mitchell Shire Council 676.5/49 07/04/2014 06/04/2015

TV Boolarra Vic. RBA Holdings Pty Ltd 655.5/46 07/04/2014 06/04/2019

TV Boolarra Vic. RBA Holdings Pty Ltd 662.5/47 07/04/2014 06/04/2019

TV Jeeralang/

Yinnar South

Vic. RBA Holdings Pty Ltd 655.5/46 07/04/2014 06/04/2019

TV Jeeralang/

Yinnar South

Vic. RBA Holdings Pty Ltd 662.5/47 07/04/2014 06/04/2019

Radio Mt Whaleback Mine WA BHP Billiton Iron Ore Pty Ltd 104.1 10/07/2014 17/07/2015

Radio Mt Whaleback Mine WA BHP Billiton Iron Ore Pty Ltd 105.7 10/07/2014 17/07/2015

TV Sydney South

West

NSW Tx Australia Pty Limited 613.5/40 08/04/2014 07/04/2019

Radio Todmorden NT Todmorden Cattle Company 104.5 14/04/2014 15/04/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 101.7 28/05/2014 27/05/2015

Radio Christmas Creek Mine WA Fortescue Metals Group Ltd 95.1 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 98.3 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 92.7 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 88.7 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 96.7 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 103.3 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 95.1 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 99.9 28/05/2014 27/05/2015

162 | Appendixes

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 106.5 28/05/2014 27/05/2015

Radio Newman Mining Area C WA BHP Billiton Iron Ore Pty Ltd 104.9 28/05/2014 27/05/2015

Radio Charleville Qld Murweh Shire Council 98.5 27/06/2014 15/04/2015

TV Merimbula NSW RBA Holdings Pty Ltd 578.5/35 02/06/2014 01/06/2019

TV Flametree/

Jubilee Pocket Qld RBA Holdings Pty Ltd 606.5/39 02/06/2014 01/06/2019

TV Flametree/

Jubilee Pocket Qld RBA Holdings Pty Ltd 592.5/37 02/06/2014 01/06/2019

TV Flametree/

Jubilee Pocket Qld RBA Holdings Pty Ltd 571.5/34 02/06/2014 01/06/2019

TV Flametree/

Jubilee Pocket Qld RBA Holdings Pty Ltd 585.5/36 02/06/2014 01/06/2019

TV Flametree/

Jubilee Pocket Qld RBA Holdings Pty Ltd 599.5/38 02/06/2014 01/06/2019

Radio Barunga NT Roper Gulf Regional Council 104.1 14/07/2014 27/03/2016

Table 49: National services, 2013-14

Radio/ TV Area Applicant Frequency

(MHz)/channel Date of effect Date of

expiry

TV Bruce Rock Australian Broadcasting Corporation 683.5/50 09/07/2013 30/11/2014

TV Adelong Australian Broadcasting Corporation 606.5/39 05/09/2013 30/11/2014

TV Batlow Australian Broadcasting Corporation 620.5/41 05/09/2013 30/11/2014

TV Batchelor Australian Broadcasting Corporation 620.5/41 05/09/2013 30/11/2014

TV Cardwell Australian Broadcasting Corporation 669.5/48 05/09/2013 30/11/2014

TV Captains Flat Australian Broadcasting Corporation 725.5/56 05/09/2013 30/11/2014

TV Maydena Australian Broadcasting Corporation 627.5/42 05/09/2013 30/11/2014

TV Talbingo Australian Broadcasting Corporation 620.5/41 05/09/2013 30/11/2014

TV Tumbarumba Australian Broadcasting Corporation 620.5/41 05/09/2013 30/11/2014

TV Darwin City Special Broadcasting Service

Corporation

613.5/40 18/07/2013 17/07/2014

TV Moora Special Broadcasting Service

Corporation

606.5/39 05/09/2013 04/09/2014

TV Cooktown Special Broadcasting Service

Corporation

571.5/34 05/09/2013 04/09/2014

TV Thursday Island Special Broadcasting Service Corporation 571.5/34 05/09/2013 04/09/2014

TV Lightning Ridge Special Broadcasting Service Corporation 690.5/51 05/09/2013 04/09/2014

TV Hughenden Special Broadcasting Service Corporation 571.5/34 14/10/2013 13/10/2014

TV Blackall Special Broadcasting Service

Corporation

571.5/34 14/10/2013 13/10/2014

TV Cunnamulla Special Broadcasting Service Corporation 571.5/34 14/10/2013 13/10/2014

TV Winton Special Broadcasting Service

Corporation

571.5/34 14/10/2013 13/10/2014

TV Coleraine Australian Broadcasting Corporation 662.5/47 31/10/2013 30/11/2014

TV Eildon Town Australian Broadcasting Corporation 620.5/41 31/10/2013 30/11/2014

TV Roleystone Australian Broadcasting Corporation 620.5/41 31/10/2013 30/11/2014

TV Toodyay Australian Broadcasting Corporation 662.5/47 31/10/2013 30/11/2014

TV Adelaide Foothills Australian Broadcasting Corporation 606.5/39 31/10/2013 30/11/2014

ACMA Annual report 2013-14 | 163

TV Victor Harbor Australian Broadcasting Corporation 606.5/39 31/10/2013 30/11/2014

TV Alexandra

Environs

Australian Broadcasting Corporation 620.5/41 31/10/2013 30/11/2014

TV Wollongong Australian Broadcasting Corporation 620.5/41 31/10/2013 30/11/2014

TV Roleystone Special Broadcasting Service

Corporation

613.5/40 31/10/2013 10/10/2014

TV Adelaide Foothills Special Broadcasting Service Corporation 571.5/34 31/10/203 28/10/2014

TV Eildon Town Special Broadcasting Service Corporation 627.5/42 31/10/2013 08/05/2014

TV Toodyay Special Broadcasting Service

Corporation

655.5/46 31/10/2013 10/10/2014

TV Victor Harbor Special Broadcasting Service Corporation 571.5/34 31/10/2013 21/09/2014

TV Alexandra

Environs

Special Broadcasting Service Corporation 627.5/42 31/10/2013 08/05/2014

TV Wollongong Special Broadcasting Service Corporation 641.5/44 31/10/2013 29/09/2014

TV Colac Special Broadcasting Service

Corporation

676.5/49 31/10/2013 08/05/2014

TV Lilydale Special Broadcasting Service

Corporation

655.5/46 31/10/2013 02/10/2014

TV Colac Australian Broadcasting Corporation 662.5/47 31/10/2013 30/11/2014

TV Lilydale Australian Broadcasting Corporation 662.5/47 31/10/2013 30/11/2014

TV Bourke Town Special Broadcasting Service Corporation 655.5/46 01/11/2013 31/10/2014

TV Brewarrina Special Broadcasting Service

Corporation

648.5/45 01/11/2013 31/10/2014

TV Coober Pedy Special Broadcasting Service Corporation 571.5/34 01/11/2013 31/10/2014

TV Sunshine Coast

South

Special Broadcasting Service Corporation 578.5/35 01/11/2013 31/10/2014

TV Barcaldine Special Broadcasting Service

Corporation

641.5/44 14/11/2013 13/11/2014

TV Weipa Special Broadcasting Service

Corporation

571.5/34 14/11/2013 13/11/2014

TV Cloncurry Special Broadcasting Service

Corporation

571.5/34 14/11/2013 13/11/2014

TV Kings Cross Special Broadcasting Service

Corporation

557.5/32 17/02/2014 16/02/2015

TV Manly/Mosman Special Broadcasting Service Corporation 557.5/32 17/02/2014 16/02/2015

TV Melbourne Special Broadcasting Service

Corporation

184.5/7 17/02/2014 16/02/2015

TV Sydney Special Broadcasting Service

Corporation

184.5/7 17/02/2014 16/02/2015

TV Bordertown Special Broadcasting Service Corporation 620.5/41 14/11/2013 13/11/2014

TV Jabiru Special Broadcasting Service

Corporation

529.5/28 14/11/2013 13/11/2014

TV Walgett Special Broadcasting Service

Corporation

627.5/42 14/11/2013 13/11/2014

TV Wilcannia Special Broadcasting Service

Corporation

571.5/34 14/11/2013 13/11/2014

TV Meander Australian Broadcasting Corporation 669.5/48 03/02/2014 30/11/2014

TV Bruthen Australian Broadcasting Corporation 662.5/47 03/02/2014 30/11/2014

164 | Appendixes

TV Bruthen Special Broadcasting Service

Corporation

655.5/46 17/02/2014 16/02/2015

TV Sunshine Coast

South

Australian Broadcasting Corporation 606.5/39 09/12/2013 30/11/2014

TV Lameroo Special Broadcasting Service

Corporation

620.5/41 11/02/2014 10/02/2015

TV Pinnaroo Special Broadcasting Service

Corporation

578.5/35 11/02/2014 10/02/2015

TV Hopetoun (Vic.) Special Broadcasting Service Corporation 550.5/31 11/02/2014 10/02/2015

TV Bendigo Australian Broadcasting Corporation 536.5/29 03/02/2014 30/11/2014

TV Warburton Australian Broadcasting Corporation 578.5/35 03/02/2014 30/11/2014

TV Coffs Harbour Australian Broadcasting Corporation 648.5/45 03/02/2014 30/11/2014

TV St Helens Australian Broadcasting Corporation 536.5/29 03/02/2014 30/11/2014

TV Augusta Australian Broadcasting Corporation 655.5/46 03/02/2014 30/11/2014

TV Marysville Australian Broadcasting Corporation 578.5/35 03/02/2014 30/11/2014

TV Bowral/Mittagong Australian Broadcasting Corporation 662.5/47 03/02/2014 30/11/2014

TV Port Sorell Australian Broadcasting Corporation 529.5/28 03/02/2014 30/11/2014

TV Launceston Australian Broadcasting Corporation 578.5/35 03/02/2014 30/11/2014

TV New Norfolk Australian Broadcasting Corporation 578.5/35 03/02/2014 30/11/2014

TV Rosebery Special Broadcasting Service

Corporation

529.5/28 11/02/2014 10/02/2015

TV Waratah Special Broadcasting Service

Corporation

606.5/39 11/02/2014 10/02/2015

TV Bicheno Special Broadcasting Service

Corporation

578.5/35 11/02/2014 10/02/2015

TV Swansea Special Broadcasting Service

Corporation

655.5/46 11/02/2014 10/02/2015

TV Strahan Special Broadcasting Service

Corporation

613.5/40 11/02/2014 10/02/2015

TV Binalong Bay Special Broadcasting Service Corporation 599.5/38 11/02/2014 10/02/2015

TV Corryong Special Broadcasting Service

Corporation

578.5/35 11/02/2014 10/02/2015

TV St Marys Special Broadcasting Service

Corporation

690.5/51 11/02/2014 10/02/2015

TV Augusta Special Broadcasting Service

Corporation

662.5/47 11/02/2014 10/02/2015

TV Bombala Special Broadcasting Service

Corporation

655.5/46 11/02/2014 10/02/2015

TV Kalbarri Special Broadcasting Service

Corporation

529.5/28 11/02/2014 10/02/2015

TV King Island Special Broadcasting Service

Corporation

212.5/10 11/02/2014 10/02/2015

TV Mt Roberts Special Broadcasting Service

Corporation

690.5/51 11/02/2014 10/02/2015

TV Nannup Special Broadcasting Service

Corporation

529.5/28 11/02/2014 10/02/2015

TV Theodore Australian Broadcasting Corporation 620.5/41 04/03/2014 30/11/2014

TV Warburton Special Broadcasting Service

Corporation

571.5/34 11/03/2014 02/09/2014

TV Ringarooma Australian Broadcasting Corporation 536.5/29 04/03/2014 30/11/2014

TV Coffs Harbour Special Broadcasting Service Corporation 620.5/41 11/03/2014 02/09/2014

ACMA Annual report 2013-14 | 165

TV Marysville Special Broadcasting Service

Corporation

571.5/34 11/03/2014 02/09/2014

TV Weston Creek/

Woden

Special Broadcasting Service Corporation 648.5/45 11/03/2014 02/09/2014

TV Launceston Special Broadcasting Service Corporation 571.5/34 11/03/2014 02/09/2014

TV Tuggeranong Special Broadcasting Service Corporation 648.5/45 11/03/2014 02/09/2014

TV Weston Creek/

Woden

Australian Broadcasting Corporation 620.5/41 11/03/2014 30/11/2014

TV Tuggeranong Australian Broadcasting Corporation 620.5/41 11/03/2014 30/11/2014

TV Coffin Bay Special Broadcasting Service

Corporation

648.5/45 04/03/2014 03/03/2015

TV Mitchell Special Broadcasting Service

Corporation

592.5/37 04/03/2014 03/03/2015

TV Morawa Special Broadcasting Service

Corporation

564.5/33 04/03/2014 03/03/2015

TV Goshen/Goulds Country Australian Broadcasting Corporation 578.5/35 04/03/2014 30/11/2014

TV Savage River Australian Broadcasting Corporation 662.5/47 04/03/2014 30/11/2014

TV New Norfolk Special Broadcasting Service Corporation 571.625/34 11/03/2014 02/09/2014

TV Cann River Special Broadcasting Service

Corporation

655.5/46 08/05/2014 07/05/2015

TV Genoa Special Broadcasting Service

Corporation

578.5/35 08/05/2014 07/05/2015

TV Adelong Special Broadcasting Service

Corporation

571.5/34 08/05/2014 07/05/2015

TV Burra Special Broadcasting Service

Corporation

571.5/34 08/05/2014 07/05/2015

TV Captains Flat Special Broadcasting Service Corporation 613.5/53 26/05/2014 25/05/2015

TV Cardwell Special Broadcasting Service

Corporation

662.5/47 23/06/2014 22/06/2015

TV Glenden Special Broadcasting Service

Corporation

697.5/52 08/05/2014 07/05/2015

TV Kandos Special Broadcasting Service

Corporation

683.5/50 26/06/2014 25/06/2015

TV Merriwa Special Broadcasting Service

Corporation

620.5/41 08/05/2014 07/05/2015

TV Murrurundi Special Broadcasting Service

Corporation

571.5/34 08/05/2014 07/05/2015

TV Springsure Special Broadcasting Service

Corporation

711.5/54 08/05/2014 07/05/2015

TV Talbingo Special Broadcasting Service

Corporation

613.5/40 08/05/2014 07/05/2015

TV Tumbarumba Special Broadcasting Service Corporation 613.5/40 26/06/2014 25/06/2015

TV Walcha Special Broadcasting Service

Corporation

613.5/40 23/06/2014 22/06/2015

TV Murgon Special Broadcasting Service

Corporation

648.5/45 23/06/2014 22/06/2015

TV Tara Special Broadcasting Service

Corporation

613.5/40 23/06/2014 22/06/2015

TV Casterton Special Broadcasting Service

Corporation

648.5/45 23/06/2014 22/06/2015

166 | Appendixes

TV Mallacoota Special Broadcasting Service

Corporation

655.5/46 23/06/2014 22/06/2015

TV Warrnambool City Australian Broadcasting Corporation 536.5/29 08/05/2014 30/11/2014

TV Collinsville Australian Broadcasting Corporation 578.5/35 08/05/2014 30/11/2014

TV Middlemount Australian Broadcasting Corporation 578.5/35 08/05/2014 30/11/2014

TV Bowen Town Australian Broadcasting Corporation 606.5/39 08/05/2014 30/11/2014

TV Lithgow East Australian Broadcasting Corporation 662.5/47 08/05/2014 30/11/2014

TV Gladstone (Tas.) Australian Broadcasting Corporation 662.5/47 08/05/2014 30/11/2014

TV Airlie Beach Australian Broadcasting Corporation 606.625/39 08/05/2014 30/11/2014

TV Ayr Australian Broadcasting Corporation 648.5/45 08/05/2014 30/11/2014

TV Boyne Island Australian Broadcasting Corporation 620.5/41 08/05/2014 30/11/2014

TV Murgon Australian Broadcasting Corporation 620.5/41 08/05/2014 30/11/2014

TV Proserpine Australian Broadcasting Corporation 648.5/45 08/05/2014 30/11/2014

TV Shute Harbour Australian Broadcasting Corporation 662.5/47 08/05/2014 30/11/2014

TV Tumby Bay Special Broadcasting Service

Corporation

529.5/28 09/05/2014 14/12/2015

TV Cowell Special Broadcasting Service

Corporation

606.5/39 09/05/2014 14/12/2015

TV Port Lincoln Special Broadcasting Service

Corporation

683.5/50 09/05/2014 14/12/2015

TV Moranbah Town Special Broadcasting Service Corporation 571.5/34 09/05/2014 02/10/2014

TV Warrnambool City Special Broadcasting Service Corporation 529.5/28 09/05/2014 08/05/2015

TV Collinsville Special Broadcasting Service

Corporation

571.5/34 09/05/2014 16/04/2015

TV Middlemount Special Broadcasting Service Corporation 571.5/34 09/05/2014 21/09/2014

TV Lithgow East Special Broadcasting Service Corporation 655.5/46 09/05/2014 31/12/2014

TV Airlie Beach Special Broadcasting Service

Corporation

571.5/34 09/05/2014 30/06/2015

TV Ayr Special Broadcasting Service

Corporation

613.5/40 09/05/2014 31/07/2015

TV Boyne Island Special Broadcasting Service Corporation 613.5/40 09/05/2014 24/11/2014

TV Proserpine Special Broadcasting Service

Corporation

613.5/40 09/05/2014 17/04/2015

TV Shute Harbour Special Broadcasting Service Corporation 655.5/46 09/05/2014 07/07/2014

TV Miles Special Broadcasting Service

Corporation

613.5/40 23/06/2014 22/06/2015

TV Bonalbo Special Broadcasting Service

Corporation

613.5/40 23/06/2014 22/06/2015

TV Keith Special Broadcasting Service

Corporation

578.5/35 23/06/2014 22/06/2015

TV Kyogle Special Broadcasting Service

Corporation

648.5/45 23/06/2014 22/06/2015

TV Orbost Special Broadcasting Service

Corporation

627.5/42 23/06/2014 22/06/2015

TV Stanwell Park Australian Broadcasting Corporation 662.5/47 23/06/2014 30/11/2014

TV Illawarra Australian Broadcasting Corporation 578.5/35 23/06/2014 30/11/2014

TV Genoa Australian Broadcasting Corporation 585.5/36 23/06/2014 30/11/2014

TV Wynyard Australian Broadcasting Corporation 529.5/28 23/06/2014 30/11/2014

ACMA Annual report 2013-14 | 167

TV Braidwood Australian Broadcasting Corporation 662.5/47 23/06/2014 30/11/2014

TV Captains Flat Australian Broadcasting Corporation 620.5/41 23/06/2014 30/11/2014

TV Bombala Australian Broadcasting Corporation 662.5/47 23/06/2014 30/11/2014

TV Darling Downs Australian Broadcasting Corporation 536.5/29 23/06/2014 30/11/2014

TV Illawarra Special Broadcasting Service

Corporation

606.5/39 23/06/2014 30/07/2015

TV Braidwood Special Broadcasting Service

Corporation

655.5/46 23/06/2014 05/02/2015

TV Darling Downs Special Broadcasting Service Corporation 564.5/33 23/06/2014 19/04/2015

TV Upper Namoi Special Broadcasting Service Corporation 529.5/28 25/06/2014 31/10/2014

TV Nebo Special Broadcasting Service

Corporation

606.5/39 25/06/2014 31/03/2015

TV Orford Special Broadcasting Service

Corporation

613.5/40 25/06/2014 31/10/2014

TV Nambour Special Broadcasting Service

Corporation

613.5/40 25/06/2014 31/10/2014

TV Dysart Special Broadcasting Service

Corporation

613.5/40 25/06/2014 31/03/2015

TV Esk Special Broadcasting Service

Corporation

571.5/34 25/06/2014 31/07/2014

TV Gordonvale Special Broadcasting Service Corporation 662.5/47 25/06/2014 31/07/2014

TV Gympie Town Special Broadcasting Service Corporation 683.5/50 25/06/2014 14/01/2015

TV Hobart NE

Suburbs

Special Broadcasting Service Corporation 655.5/46 25/06/2014 14/01/2015

TV Selby Special Broadcasting Service

Corporation

571.5/34 25/06/2014 08/05/2015

TV Dover Special Broadcasting Service

Corporation

655.5/46 25/06/2014 08/05/2015

TV Southern Downs Special Broadcasting Service Corporation 606.5/39 25/06/2014 08/05/2015

TV Rockhampton

East

Special Broadcasting Service Corporation 613.5/40 25/06/2014 14/01/2015

TV Batemans Bay/

Moruya

Special Broadcasting Service Corporation 613.5/40 25/06/2014 14/01/2015

TV Monto Special Broadcasting Service

Corporation

648.5/45 25/06/2014 14/01/2015

TV Armidale Special Broadcasting Service

Corporation

571.5/34 25/06/2014 31/10/2014

TV Murwillumbah Special Broadcasting Service Corporation 564.5/33 25/06/2014 31/07/2014

TV Richmond/Tweed Special Broadcasting Service Corporation 564.5/33 25/06/2014 31/07/2014

TV Gympie Special Broadcasting Service

Corporation

613.5/40 25/06/2014 31/03/2015

TV Noosa/Tewantin Special Broadcasting Service Corporation 613.5/40 25/06/2014 31/03/2015

TV Cooma Town Special Broadcasting Service Corporation 613.5/40 25/06/2014 14/01/2015

TV Boonah Special Broadcasting Service

Corporation

613.5/40 25/06/2014 08/05/2015

TV Penguin Special Broadcasting Service

Corporation

606.5/39 25/06/2014 08/05/2015

168 | Appendixes

TV Sunshine Coast

North

Special Broadcasting Service Corporation 683.5/50 25/06/2014 31/07/2014

TV Foster Special Broadcasting Service

Corporation

613.5/40 25/06/2014 08/05/2015

TV Kiewa Special Broadcasting Service

Corporation

613.5/40 25/06/2014 08/05/2015

TV Upwey Special Broadcasting Service

Corporation

571.5/34 25/06/2014 31/03/2015

TV Nowra North Special Broadcasting Service Corporation 655.5/46 25/06/2014 14/01/2015

TV Bell Special Broadcasting Service

Corporation

648.5/45 25/06/2014 14/01/2015

TV Narooma Special Broadcasting Service

Corporation

655.5/46 25/06/2014 31/10/2014

TV Mallacoota Australian Broadcasting Corporation 662.5/47 26/05/2014 30/11/2014

TV Armidale Australian Broadcasting Corporation 585.5/36 26/06/2014 30/11/2014

TV Upper Namoi Australian Broadcasting Corporation 536.5/29 26/06/2014 30/11/2014

TV Mackay Australian Broadcasting Corporation 529.5/28 26/06/2014 30/11/2014

TV Nebo Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Wudinna Australian Broadcasting Corporation 585.5/36 26/06/2014 30/11/2014

TV Orford Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Gympie Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Nambour Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Noosa/Tewantin Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Dysart Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Cooma Town Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Townsville Australian Broadcasting Corporation 571.5/34 26/06/2014 30/11/2014

TV Gordonvale Australian Broadcasting Corporation 669.5/48 26/06/2014 30/11/2014

TV Latrobe Valley Australian Broadcasting Corporation 536.5/29 26/06/2014 30/11/2014

TV East Devonport Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Penguin Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Ulverstone Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Gympie Town Australian Broadcasting Corporation 676.5/49 26/06/2014 30/11/2014

TV Sunshine Coast

North

Australian Broadcasting Corporation 676.5/49 26/06/2014 30/11/2014

TV Hobart NE

Suburbs

Australian Broadcasting Corporation 662.5/47 26/06/2014 30/11/2014

TV Foster Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Selby Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Upwey Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Dover Australian Broadcasting Corporation 662.5/47 26/06/2014 30/11/2014

TV Southern Downs Australian Broadcasting Corporation 578.5/35 26/06/2014 30/11/2014

TV Rockhampton

East

Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Gloucester Australian Broadcasting Corporation 536.5/29 26/06/2014 30/11/2014

TV Nowra North Australian Broadcasting Corporation 662.5/47 26/06/2014 30/11/2014

TV Batemans Bay/

Moruya

Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Monto Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Bell Australian Broadcasting Corporation 620.5/41 26/06/2014 30/11/2014

TV Narooma Australian Broadcasting Corporation 662.5/47 26/06/2014 30/11/2014

ACMA Annual report 2013-14 | 169

Table 50: Commercial licences, 2013-14

Area State Applicant Purpose Frequency

(MHz)/channel Date of effect Date of

expiry

Darwin City NT Territory Television Pty Ltd Commercial 634.5/43 18/07/2013 17/07/2014

Darwin City NT Regional Television PtyLimited Commercial 627.5/42 18/07/2013 17/07/2014

Darwin City NT Darwin Digital Television PtyLimited Commercial 641.5/44 18/07/2013 17/07/2014

Roleystone WA Network Ten (Perth) PtyLimited Commercial 641.5/44 31/10/2013 03/10/2014

Toodyay WA Network Ten (Perth)

PtyLimited

Commercial 683.5/50 31/10/2013 03/10/2014

Roleystone WA Swan Television & Radio Broadcasters Pty Ltd Commercial 634.5/43 01/11/2013 19/05/2014

Toodyay WA Swan Television & Radio

Broadcasters Pty Ltd Commercial 676.5/49 01/11/2013 19/05/2014

Roleystone WA Channel Seven Perth PtyLtd Commercial 627.5/42 01/11/2013 30/10/2014

Toodyay WA Channel Seven Perth

PtyLtd

Commercial 669.5/48 01/11/2013 30/10/2014

Adelaide Foothills

SA Network Ten (Adelaide) PtyLimited Commercial 592.5/37 01/11/2013 17/08/2014

Victor Harbor SA Network Ten (Adelaide) PtyLimited Commercial 592.5/37 01/11/2013 17/08/2014

Adelaide Foothills

SA Channel Seven Adelaide Pty Ltd Commercial 578.5/35 01/11/2013 03/10/2014

Victor Harbor SA Channel Seven Adelaide Pty Ltd Commercial 578.5/35 01/11/2013 03/10/2014

Adelaide Foothills

SA Channel 9 South Australia Pty Limited Commercial 585.5/36 01/11/2013 29/09/2014

Victor Harbor SA Channel 9 South Australia Pty Limited Commercial 585.5/36 01/11/2013 29/09/2014

Bonnie Doon Vic. WIN Television Vic Pty Ltd Commercial 550.5/31 01/11/2013 08/02/2014

Wollongong NSW Prime Television (Southern) Pty Limited Commercial 627.5/42 01/11/2013 30/01/2014

Kings Cross NSW Channel Seven Sydney PtyLimited Commercial 529.5/28 17/02/2014 06/02/2015

Manly/ Mosman

NSW Channel Seven Sydney PtyLimited Commercial 529.5/28 17/02/2014 06/02/2015

Kings Cross NSW Network TEN (Sydney) PtyLimited Commercial 550.5/31 17/02/2014 03/10/2014

Manly/ Mosman

NSW Network TEN (Sydney) PtyLimited Commercial 550.5/31 17/02/2014 03/10/2014

Bundaberg Qld Maryborough Broadcasting Company Pty Limited Commercial 93.1 27/08/2013 26/08/2014

Maryborough (Qld) Qld Maryborough Broadcasting Company Pty Limited

Commercial 101.8 08/10/2006 07/10/2007

Crookwell NSW Radio Goulburn Pty Ltd Commercial 103.7 07/01/2014 06/01/2015

Warburton Vic. Network Ten (Melbourne) Pty Limited Commercial 599.5/38 11/03/2014 03/10/2014

Warburton Vic. General Television Corporation Proprietary Limited

Commercial 592.5/37 11/03/2014 14/02/2015

Warburton Vic. Channel Seven Melbourne Pty Ltd Commercial 585.5/36 11/03/2014 03/10/2014

Broken Hill NSW Broken Hill Television PtyLimited Commercial 191.5/8 11/03/2014 03/10/2014

170 | Appendixes

Bendigo Vic. Southern Cross

Communications PtyLimited

Commercial 564.5/33 11/03/2014 25/10/2014

Bendigo Vic. WIN Television Vic Pty Ltd Commercial 543.5/30 11/03/2014 08/02/2015

Coffs Harbour NSW Northern Rivers Television Pty Ltd Commercial 641.5/44 11/03/2014 29/11/2014

Coffs Harbour NSW NBN Ltd Commercial 634.5/43 11/03/2014 11/02/2016

Coffs Harbour NSW Prime Television (Northern) Pty Limited Commercial 627.5/42 11/03/2014 30/01/2015

Marysville Vic. Network Ten (Melbourne) Pty Limited Commercial 599.5/38 11/03/2014 03/10/2014

Marysville Vic. General Television Corporation Proprietary Limited

Commercial 592.5/37 11/03/2014 14/02/2015

Marysville Vic. Channel Seven Melbourne Pty Ltd Commercial 585.5/36 11/03/2014 03/10/2014

Binalong Bay Tas. Southern Cross Television (TNT9) Pty Limited Commercial 571.5/34 11/03/2014 25/06/2014

Launceston Tas. Southern Cross Television (TNT9) Pty Limited Commercial 585.5/36 11/03/2014 25/06/2014

New Norfolk Tas. Southern Cross Television (TNT9) Pty Limited Commercial 585.5/36 11/03/2014 25/06/2014

Binalong Bay Tas. WIN Television TAS Pty Ltd Commercial 578.5/35 11/03/2014 30/06/2014

Launceston Tas. WIN Television TAS Pty Ltd Commercial 592.5/37 11/03/2014 30/06/2014

New Norfolk Tas. WIN Television TAS Pty Ltd Commercial 592.5/37 11/03/2014 30/06/2014

Bowral/ Mittagong

NSW Australian Capital Television Pty Ltd Commercial 683.5/50 11/03/2014 03/07/2014

Tuggeranong ACT Australian Capital Television Pty Ltd Commercial 641.5/44 11/03/2014 03/07/2014

Bowral/ Mittagong

NSW WIN Television NSW PtyLimited Commercial 669.5/48 11/03/2014 07/09/2014

Tuggeranong ACT WIN Television NSW PtyLimited Commercial 634.5/43 11/03/2014 07/09/2014

Churchill Vic. Prime Television (Victoria) Pty Limited Commercial 655.5/46 11/03/2014 13/12/2014

Churchill Vic. Southern Cross

Communications PtyLimited

Commercial 662.5/47 11/03/2014 25/10/2014

Tuggeranong ACT Prime Television (Southern) Pty Limited Commercial 627.5/42 11/03/2014 30/01/2015

St Helens Tas. Southern Cross Television (TNT9) Pty Limited Commercial 543.5/30 09/05/2014 25/06/2015

St Helens Tas. WIN Television TAS Pty Ltd Commercial 550.5/31 09/05/2014 30/06/2015

St Helens Tas. Tasmanian Digital Television Pty Ltd Commercial 557.5/32 09/05/2014 20/11/2014

Tumby Bay SA Spencer Gulf Telecasters Pty Limited Commercial 564.5/33 09/05/2014 26/06/2015

Cowell SA Spencer Gulf Telecasters

Pty Limited

Commercial 571.5/34 09/05/2014 26/06/2015

Port Lincoln SA Spencer Gulf Telecasters Pty Limited Commercial 669.5/48 09/05/2014 26/06/2015

Stuart Qld WIN Television QLD Pty Ltd Commercial 676.5/49 08/05/2014 17/10/2014

Townsville North

Qld WIN Television QLD Pty Ltd Commercial 676.5/49 08/05/2014 17/10/2014

Moranbah Town

Qld WIN Television QLD Pty Ltd Commercial 592.5/37 08/05/2014 17/10/2014

Moranbah Qld WIN Television QLD Pty Ltd Commercial 676.5/49 08/05/2014 17/10/2014

ACMA Annual report 2013-14 | 171

Collinsville North IBL

Qld WIN Television QLD Pty Ltd Commercial 634.5/43 08/05/2014 17/10/2014

Collinsville Qld WIN Television QLD Pty Ltd Commercial 592.5/37 08/05/2014 17/10/2014

Middlemount Qld WIN Television QLD Pty Ltd Commercial 592.5/37 08/05/2014 17/10/2014

Bowen Town Qld WIN Television QLD Pty Ltd Commercial 592.5/37 08/05/2014 17/10/2014

Bowen Environs IBL Qld WIN Television QLD Pty Ltd Commercial 669.5/48 08/05/2014 17/10/2014

Airlie Beach Qld WIN Television QLD Pty Ltd Commercial 592.5/37 08/05/2014 17/10/2014

Ayr Qld WIN Television QLD Pty Ltd Commercial 634.5/43 08/05/2014 17/10/2014

Murgon Qld WIN Television QLD Pty Ltd Commercial 634.5/43 08/05/2014 17/10/2014

Proserpine Qld WIN Television QLD Pty Ltd Commercial 634.5/43 08/05/2014 17/10/2014

Shute Harbour

Qld WIN Television QLD Pty Ltd Commercial 676.5/49 08/05/2014 17/10/2014

Stuart Qld Channel Seven Queensland

Pty Limited

Commercial 662.5/47 08/05/2014 07/12/2014

Townsville North

Qld Channel Seven Queensland Pty Limited Commercial 662.5/47 08/05/2014 07/12/2014

Moranbah Town

Qld Channel Seven Queensland Pty Limited Commercial 585.5/36 08/05/2014 07/12/2014

Collinsville North IBL

Qld Channel Seven Queensland Pty Limited Commercial 620.5/41 08/05/2014 07/12/2014

Collinsville Qld Channel Seven Queensland Pty Limited Commercial 585.5/36 08/05/2014 07/12/2014

Middlemount Qld Channel Seven Queensland Pty Limited Commercial 585.5/36 08/05/2014 07/12/2014

Bowen Town Qld Channel Seven Queensland Pty Limited Commercial 585.5/36 08/05/2014 07/12/2014

Bowen Environs IBL Qld Channel Seven Queensland Pty Limited

Commercial 662.5/47 08/05/2014 07/12/2014

Airlie Beach Qld Channel Seven Queensland Pty Limited Commercial 585.5/36 08/05/2014 07/12/2014

Ayr Qld Channel Seven Queensland

Pty Limited

Commercial 627.5/42 08/05/2014 07/12/2014

Boyne Island Qld Channel Seven Queensland Pty Limited Commercial 648.5/45 08/05/2014 07/12/2014

Murgon Qld Channel Seven Queensland Pty Limited Commercial 627.5/42 08/05/2014 07/12/2014

Proserpine Qld Channel Seven Queensland Pty Limited Commercial 627.5/42 08/05/2014 07/12/2014

Shute Harbour

Qld Channel Seven Queensland Pty Limited Commercial 669.5/48 08/05/2014 07/12/2014

Stuart Qld Regional Television

PtyLimited

Commercial 669.5/48 09/05/2014 08/05/2015

Townsville North

Qld Regional Television PtyLimited Commercial 669.5/48 09/05/2014 08/05/2015

Moranbah Town

Qld Regional Television PtyLimited Commercial 599.5/38 09/05/2014 08/05/2015

Moranbah Qld Regional Television PtyLimited Commercial 655.5/46 09/05/2014 08/05/2015

Collinsville North IBL

Qld Regional Television PtyLimited Commercial 641.5/44 09/05/2014 08/05/2015

Collinsville Qld Regional Television PtyLimited Commercial 599.5/38 09/05/2014 08/05/2015

Middlemount Qld Regional Television PtyLimited Commercial 599.5/38 09/05/2014 08/05/2015

172 | Appendixes

Bowen Town Qld Regional Television PtyLimited Commercial 599.5/38 09/05/2014 08/05/2015

Bowen Environs IBL Qld Regional Television PtyLimited

Commercial 676.5/49 09/05/2014 08/05/2015

Airlie Beach Qld Regional Television PtyLimited Commercial 599.625/38 09/05/2014 08/05/2015

Ayr Qld Regional Television

PtyLimited

Commercial 641.5/44 09/05/2014 08/05/2015

Boyne Island Qld Regional Television PtyLimited Commercial 641.5/44 09/05/2014 08/05/2015

Murgon Qld Regional Television

PtyLimited

Commercial 641.5/44 09/05/2014 08/05/2015

Proserpine Qld Regional Television PtyLimited Commercial 641.5/44 09/05/2014 08/05/2015

Shute Harbour

Qld Regional Television PtyLimited Commercial 683.5/50 09/05/2014 08/05/2015

Hopetoun (Vic.)

Vic. Southern Cross Communications PtyLimited

Commercial 536.5/29 09/05/2014 25/10/2014

Warrnambool City Vic. Southern Cross Communications

PtyLimited

Commercial 557.5/32 09/05/2014 24/10/2014

Albury North Vic. Southern Cross Communications PtyLimited

Commercial 557.5/32 09/05/2014 25/10/2014

Yea Vic. Southern Cross

Communications PtyLimited

Commercial 599.5/38 09/05/2014 25/10/2014

Hopetoun (Vic.)

Vic. WIN Television Vic Pty Ltd Commercial 543.5/30 09/05/2014 08/02/2015

Warrnambool City Vic. WIN Television Vic Pty Ltd Commercial 550.5/31 09/05/2014 08/02/2015

Albury North Vic. WIN Television Vic Pty Ltd Commercial 543.5/30 09/05/2014 08/02/2015

Yea Vic. WIN Television Vic Pty Ltd Commercial 585.5/36 09/05/2014 08/02/2015

Warrnambool City Vic. Prime Television (Victoria) Pty Limited

Commercial 543.5/30 09/05/2014 13/12/2014

Albury North Vic. Prime Television (Victoria) Pty Limited Commercial 529.5/28 09/05/2014 13/12/2014

Yea Vic. Prime Television (Victoria)

Pty Limited

Commercial 578.5/35 09/05/2014 13/12/2014

Lithgow NSW Australian Capital Television Pty Ltd Commercial 557.5/32 09/05/2014 28/05/2015

Lithgow East NSW Australian Capital Television Pty Ltd Commercial 683.5/50 09/05/2014 28/05/2015

Lithgow East NSW Prime Television (Southern) Pty Limited Commercial 669.5/48 09/05/2014 30/01/2015

Lithgow NSW WIN Television NSW

PtyLimited

Commercial 536.5/29 09/05/2014 07/09/2014

Lithgow East NSW WIN Television NSW PtyLimited Commercial 676.5/49 09/05/2014 07/09/2014

Boyne Island Qld WIN Television QLD Pty Ltd Commercial 634.5/43 08/05/2014 17/10/2014

Stanwell Park NSW Australian Capital Television Pty Ltd Commercial 683.5/50 23/06/2014 21/06/2015

Braidwood NSW Australian Capital Television Pty Ltd Commercial 683.5/50 23/06/2014 03/07/2015

Captains Flat NSW Australian Capital Television Pty Ltd Commercial 641.5/44 23/06/2014 03/07/2015

ACMA Annual report 2013-14 | 173

Bombala NSW Australian Capital Television Pty Ltd Commercial 683.5/50 23/06/2014 03/07/2015

Cooma Town NSW Australian Capital Television Pty Ltd Commercial 641.5/44 23/06/2014 03/07/2015

Ulladulla NSW Australian Capital Television Pty Ltd Commercial 557.5/32 23/06/2014 28/05/2015

Nowra North NSW Australian Capital Television Pty Ltd Commercial 683.5/50 23/06/2014 28/05/2015

Batemans Bay/Moruya NSW Australian Capital Television Pty Ltd

Commercial 641.5/44 23/06/2014 28/05/2015

Narooma NSW Australian Capital Television Pty Ltd Commercial 683.5/50 23/06/2014 28/05/2015

Upper Namoi NSW NBN Ltd Commercial 550.5/31 23/06/2014 11/02/2015

Grafton/ Kempsey

NSW NBN Ltd Commercial 592.5/37 23/06/2014 11/02/2015

Murwillumbah Qld NBN Ltd Commercial 550.5/31 23/06/2014 11/02/2015

Richmond/ Tweed

NSW NBN Ltd Commercial 550.5/31 23/06/2014 11/02/2015

Armidale NSW Northern Rivers Television Pty Ltd Commercial 592.5/37 23/06/2014 29/11/2014

Upper Namoi NSW Northern Rivers Television Pty Ltd Commercial 557.5/32 23/06/2014 29/11/2014

Gloucester NSW Northern Rivers Television Pty Ltd Commercial 543.5/30 23/06/2014 29/11/2014

Stanwell Park NSW WIN Television NSW PtyLimited Commercial 669.5/48 23/06/2014 07/09/2014

Braidwood NSW WIN Television NSW PtyLimited Commercial 676.5/49 23/06/2014 07/09/2014

Captains Flat NSW WIN Television NSW PtyLimited Commercial 634.5/43 23/06/2014 07/09/2014

Bombala NSW WIN Television NSW PtyLimited Commercial 676.5/49 23/06/2014 07/09/2014

Cooma/ Monaro

NSW WIN Television NSW PtyLimited Commercial 550.5/31 23/06/2014 07/09/2014

Cooma Town NSW WIN Television NSW PtyLimited Commercial 634.5/43 23/06/2014 07/09/2014

Ulladulla NSW WIN Television NSW PtyLimited Commercial 564.5/33 23/06/2014 07/09/2014

Nowra North NSW WIN Television NSW PtyLimited Commercial 676.5/49 23/06/2014 07/09/2014

Batemans Bay/Moruya NSW WIN Television NSW PtyLimited

Commercial 634.5/43 23/06/2014 07/09/2014

Narooma NSW WIN Television NSW PtyLimited Commercial 676.5/49 23/06/2014 07/09/2014

Esk Qld Channel Seven Brisbane

PtyLimited

Commercial 578.5/35 23/06/2014 11/09/2014

Boonah Qld Channel Seven Brisbane

PtyLimited

Commercial 620.5/41 23/06/2014 11/09/2014

Sunshine Coast South Qld Channel Seven Brisbane PtyLimited

Commercial 571.5/34 23/06/2014 11/09/2014

Esk Qld Queensland Television Ltd Commercial 592.5/37 23/06/2014 31/03/2015

Sunshine Coast South Qld Queensland Television Ltd Commercial 592.5/37 23/06/2014 31/03/2015

Gordonvale Qld Channel Seven Queensland Pty Limited Commercial 683.5/50 23/06/2014 07/12/2014

Gympie Town Qld Channel Seven Queensland Pty Limited Commercial 669.5/48 23/06/2014 07/12/2014

174 | Appendixes

Sunshine Coast North Qld Channel Seven Queensland Pty Limited

Commercial 669.5/48 23/06/2014 07/12/2014

Southern Downs

Qld Channel Seven Queensland Pty Limited Commercial 571.5/34 23/06/2014 07/12/2014

Rockhampton East Qld Channel Seven Queensland Pty Limited

Commercial 627.5/42 23/06/2014 07/12/2014

Gladstone East

Qld Channel Seven Queensland Pty Limited Commercial 536.5/29 23/06/2014 07/12/2014

Monto Qld Channel Seven Queensland

Pty Limited

Commercial 627.5/42 23/06/2014 07/12/2014

Braidwood NSW Prime Television (Southern) Pty Limited Commercial 669.5/48 23/06/2014 30/01/2015

Captains Flat NSW Prime Television (Southern) Pty Limited Commercial 627.5/42 23/06/2014 30/01/2015

Bombala NSW Prime Television (Southern) Pty Limited Commercial 669.5/48 23/06/2014 30/01/2015

Cooma/ Monaro

NSW Prime Television (Southern) Pty Limited Commercial 564.5/33 23/06/2014 30/01/2015

Cooma Town NSW Prime Television (Southern) Pty Limited Commercial 627.5/42 23/06/2014 30/01/2015

Ulladulla NSW Prime Television (Southern) Pty Limited Commercial 543.5/30 23/06/2014 30/01/2015

Nowra North NSW Prime Television (Southern) Pty Limited Commercial 669.5/48 23/06/2014 30/01/2015

Batemans Bay/Moruya NSW Prime Television (Southern) Pty Limited

Commercial 627.5/42 23/06/2014 30/01/2015

Narooma NSW Prime Television (Southern) Pty Limited Commercial 669.5/48 23/06/2014 30/01/2015

Selby Vic. Channel Seven Melbourne

Pty Ltd

Commercial 585.5/36 24/06/2014 03/10/2014

Upwey Vic. Channel Seven Melbourne

Pty Ltd

Commercial 585.5/36 24/06/2014 03/10/2014

Selby Vic. General Television

Corporation Proprietary Limited

Commercial 592.5/37 24/06/2014 14/02/2015

Upwey Vic. General Television

Corporation Proprietary Limited

Commercial 592.5/37 24/06/2014 14/02/2015

Tawonga South

Vic. Southern Cross Communications PtyLimited

Commercial 557.5/32 24/06/2014 25/10/2014

Genoa Vic. Southern Cross

Communications PtyLimited

Commercial 599.5/38 24/06/2014 25/10/2014

Mallacoota Vic. Southern Cross Communications PtyLimited

Commercial 683.5/50 24/06/2014 25/10/2014

Latrobe Valley Vic. Southern Cross Communications PtyLimited

Commercial 529.5/28 24/06/2014 25/10/2014

Western Victoria

Vic. Southern Cross Communications PtyLimited

Commercial 219.5/11 24/06/2014 25/10/2014

Foster Vic. Southern Cross

Communications PtyLimited

Commercial 634.5/43 24/06/2014 25/10/2014

Kiewa Vic. Southern Cross

Communications PtyLimited

Commercial 634.5/43 24/06/2014 25/10/2014

ACMA Annual report 2013-14 | 175

Glenden Qld Channel Seven Queensland Pty Limited Commercial 627.5/42 24/06/2014 07/12/2014

Crediton IBL Qld Channel Seven Queensland Pty Limited Commercial 662.5/47 24/06/2014 07/12/2014

Darling Downs

Qld Channel Seven Queensland Pty Limited Commercial 543.5/30 24/06/2014 07/12/2014

Mackay Qld Channel Seven Queensland Pty Limited Commercial 543.5/30 24/06/2014 07/12/2014

Nebo Qld Channel Seven Queensland

Pty Limited

Commercial 585.5/36 24/06/2014 07/12/2014

Gympie Qld Channel Seven Queensland

Pty Limited

Commercial 627.5/42 24/06/2014 07/12/2014

Nambour Qld Channel Seven Queensland Pty Limited Commercial 627.5/42 24/06/2014 07/12/2014

Noosa/ Tewantin

Qld Channel Seven Queensland Pty Limited Commercial 627.5/42 24/06/2014 07/12/2014

Dysart Qld Channel Seven Queensland

Pty Limited

Commercial 627.5/42 24/06/2014 07/12/2014

Wynyard Tas. Southern Cross Television (TNT9) Pty Limited Commercial 543.5/30 24/06/2014 25/06/2015

Cygnet Tas. Southern Cross Television

(TNT9) Pty Limited

Commercial 648.5/45 24/06/2014 25/06/2015

Orford Tas. Southern Cross Television

(TNT9) Pty Limited

Commercial 627.5/42 24/06/2014 25/06/2015

East Devonport

Tas. Southern Cross Television (TNT9) Pty Limited Commercial 571.5/34 24/06/2014 25/06/2015

Penguin Tas. Southern Cross Television (TNT9) Pty Limited Commercial 571.5/34 24/06/2014 25/06/2015

Ulverstone Tas. Southern Cross Television (TNT9) Pty Limited Commercial 571.5/34 24/06/2014 25/06/2015

Taroona Tas. Southern Cross Television (TNT9) Pty Limited Commercial 613.5/40 24/06/2014 25/06/2015

Hobart NE Suburbs

Tas. Southern Cross Television (TNT9) Pty Limited Commercial 669.5/48 24/06/2014 25/06/2015

Dover Tas. Southern Cross Television

(TNT9) Pty Limited

Commercial 669.5/48 24/06/2014 25/06/2015

Wynyard Tas. WIN Television TAS Pty Ltd Commercial 564.5/33 24/06/2014 30/06/2015

Cygnet Tas. WIN Television TAS Pty Ltd Commercial 634.5/43 24/06/2014 30/06/2015

East Devonport

Tas. WIN Television TAS Pty Ltd Commercial 592.5/37 24/06/2014 30/06/2015

Pengin Tas. WIN Television TAS Pty Ltd Commercial 592.5/37 24/06/2014 30/06/2015

Ulverstone Tas. WIN Television TAS Pty Ltd Commercial 592.5/37 24/06/2014 30/06/2015

Taroona Tas. WIN Television TAS Pty Ltd Commercial 634.5/43 24/06/2014 30/06/2015

Hobart NE Suburbs

Tas. WIN Television TAS Pty Ltd Commercial 676.5/49 24/06/2014 30/06/2015

Dover Tas. WIN Television TAS Pty Ltd Commercial 676.5/49 24/06/2014 30/06/2015

Tawonga South

Vic. WIN Television Vic Pty Ltd Commercial 543.5/30 24/06/2014 08/02/2015

Genoa Vic. WIN Television Vic Pty Ltd Commercial 592.5/37 24/06/2014 08/02/2015

Mallacoota Vic. WIN Television Vic Pty Ltd Commercial 676.5/49 24/06/2014 08/02/2015

Latrobe Valley Vic. WIN Television Vic Pty Ltd Commercial 550.5/31 24/06/2014 08/02/2015

Foster Vic. WIN Television Vic Pty Ltd Commercial 641.5/44 24/06/2014 08/02/2015

Kiewa Vic. WIN Television Vic Pty Ltd Commercial 627.5/42 24/06/2014 08/02/2015

Selby Vic. Network Ten (Melbourne)

Pty Limited

Commercial 599.5/38 24/06/2014 03/10/2014

176 | Appendixes

Upwey Vic. Network Ten (Melbourne)

Pty Limited

Commercial 599.5/38 24/06/2014 03/10/2014

Tawonga South

Vic. Prime Television (Victoria) Pty Limited Commercial 536.5/29 24/06/2014 13/12/2014

Mallacoota Vic. Prime Television (Victoria) Pty Limited Commercial 669.5/48 24/06/2014 13/12/2014

Foster Vic. Prime Television (Victoria)

Pty Limited

Commercial 648.5/45 24/06/2014 13/12/2014

Upper Namoi NSW Prime Television (Northern) Pty Limited Commercial 543.5/30 24/06/2014 30/01/2015

Grafton/ Kempsey

NSW Prime Television (Northern) Pty Limited Commercial 578.5/35 24/06/2014 30/01/2015

Murwillumbah Qld Prime Television (Northern) Pty Limited Commercial 543.5/30 24/06/2014 30/01/2015

Richmond/ Tweed

NSW Prime Television (Northern) Pty Limited Commercial 543.5/30 24/06/2014 30/01/2015

Port Stephens NSW Prime Television (Northern) Pty Limited Commercial 557.5/32 24/06/2014 30/01/2015

Crediton IBL Qld WIN Television QLD Pty Ltd Commercial 669.5/48 24/06/2014 17/10/2014

Darling Downs

Qld WIN Television QLD Pty Ltd Commercial 550.5/31 24/06/2014 17/10/2014

Mackay Qld WIN Television QLD Pty Ltd Commercial 564.5/33 24/06/2014 17/10/2014

Nebo Qld WIN Television QLD Pty Ltd Commercial 592.5/37 24/06/2014 17/10/2014

Gympie Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Nambour Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Noosa/ Tewantin

Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Dysart Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Townsville Qld WIN Television QLD Pty Ltd Commercial 578.5/35 24/06/2014 17/10/2014

Gympie Town Qld WIN Television QLD Pty Ltd Commercial 655.5/46 24/06/2014 17/10/2014

Sunshine Coast North Qld WIN Television QLD Pty Ltd Commercial 655.5/46 24/06/2014 17/10/2014

Southern Downs

Qld WIN Television QLD Pty Ltd Commercial 592.5/37 24/06/2014 17/10/2014

Rockhampton East Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Gladstone East

Qld WIN Television QLD Pty Ltd Commercial 550.5/31 24/06/2014 17/10/2014

Monto Qld WIN Television QLD Pty Ltd Commercial 634.5/43 24/06/2014 17/10/2014

Wynyard Tas. Tasmanian Digital Television Pty Ltd Commercial 557.5/32 25/06/2014 20/11/2014

Cygnet Tas. Tasmanian Digital Television Pty Ltd Commercial 627.5/42 25/06/2014 20/11/2014

Orford Tas. Tasmanian Digital Television

Pty Ltd

Commercial 641.5/44 25/06/2014 20/11/2014

Acton Road Tas. Tasmanian Digital Television Pty Ltd Commercial 571.5/34 25/06/2014 20/11/2014

Hobart NE Suburbs

Tas. Tasmanian Digital Television Pty Ltd Commercial 690.5/51 25/06/2014 20/11/2014

Dover Tas. Tasmanian Digital Television

Pty Ltd

Commercial 683.5/50 25/06/2014 20/11/2014

Esk Qld Network Ten (Brisbane)

PtyLimited

Commercial 599.5/38 25/06/2014 03/10/2014

Boonah Qld Network Ten (Brisbane)

PtyLimited

Commercial 641.5/44 25/06/2014 03/10/2014

ACMA Annual report 2013-14 | 177

Sunshine Coast South Qld Network Ten (Brisbane) PtyLimited

Commercial 599.5/38 25/06/2014 03/10/2014

Crediton IBL Qld Regional Television PtyLimited Commercial 676.5/49 25/06/2014 08/05/2015

Darling Downs

Qld Regional Television PtyLimited Commercial 557.5/32 25/06/2014 08/05/2015

Nebo Qld Regional Television

PtyLimited

Commercial 599.5/38 25/06/2014 08/05/2015

Gympie Qld Regional Television

PtyLimited

Commercial 641.5/44 25/06/2014 08/05/2015

Nambour Qld Regional Television

PtyLimited

Commercial 641.5/44 25/06/2014 08/05/2015

Noosa/ Tewantin

Qld Regional Television PtyLimited Commercial 641.5/44 25/06/2014 08/05/2015

Dysart Qld Regional Television

PtyLimited

Commercial 641.5/44 25/06/2014 08/05/2015

Southern Downs

Qld Regional Television PtyLimited Commercial 599.5/38 25/06/2014 08/05/2015

Rockhampton East Qld Regional Television PtyLimited

Commercial 641.5/44 25/06/2014 08/05/2015

Gladstone East

Qld Regional Television PtyLimited Commercial 557.5/32 25/06/2014 08/05/2015

Monto Qld Regional Television

PtyLimited

Commercial 641.5/44 25/06/2014 08/05/2015

Table 51: Broadcasting service apparatus licence variations, 2013-14

Applicant Radio/

TV

Area Frequency

(MHz)/channel Date of effect Date of

expiry

RBA Holdings Pty Ltd TV Mt Cowley IBL 802.5/67 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Mt Cowley IBL 816.5/69 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Mt Cowley IBL 795.5/66 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Mt Cowley IBL 781.5/64 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Tanybryn IBL 802.5/67 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Tanybryn IBL 816.5/69 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Tanybryn IBL 795.5/66 16/07/2013 13/07/2014

RBA Holdings Pty Ltd TV Tanybryn IBL 781.5/64 16/07/2013 13/07/2014

Australian Broadcasting Corporation TV Goshen/Goulds Country 578.5/35 01/12/2012 30/11/2013

Australian Broadcasting Corporation TV Goondiwindi 620.5/41 01/12/2012 30/11/2013

Southern Cross Television (Tnt9) PtyLimited TV Rosebery 550.5/31 29/06/2013 25/06/2014

NBN Ltd TV Upper Hunter IBL 809.5/68 12/02/2013 11/02/2014

Prime Television (Victoria) Pty Limited TV Eildon 578.5/35 14/12/2013 13/12/2014

Southern Cross Communications PtyLimited TV Eildon 599.5/38 01/03/2013 01/03/2014

WIN Television Vic Pty Ltd TV Eildon 585.5/36 09/02/2014 08/02/2015

FNQ Broadcasters Cairns Pty Limited Radio Cairns 99.5 27/08/2013 03/03/2015

Regional Broadcasters Australia PtyLimited Radio Gladstone 93.5 21/01/2013 20/01/2014

Whitsundays Broadcasters PtyLimited Radio Mackay 98.6 27/08/2013 26/08/2014

RBA Holdings Pty Ltd TV Cootamundra 746.5/59 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Cootamundra 767.5/62 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Cootamundra 809.5/68 20/10/2013 19/10/2014

178 | Appendixes

RBA Holdings Pty Ltd TV Cootamundra 725.5/56 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Cootamundra 788.5/65 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Eugowra 718.5/55 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Eugowra 739.5/58 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Eugowra 781.5/64 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Eugowra 802.5/67 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Eugowra 760.5/61 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Harden 739.5/58 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Harden 753.5/60 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Harden 795.5/66 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Harden 718.5/55 20/10/2013 19/10/2014

RBA Holdings Pty Ltd TV Harden 774.5/63 20/10/2013 19/10/2014

United Christian Broadcasters Australia Limited Radio Albany 93.7 29/01/2014 01/02/2014

Shire of Shark Bay TV Denham 606.5/39 02/08/2013 14/02/2015

Cobar Shire Council Radio Cobar 101.3 24/03/2014 10/08/2015

Shire of Mukinbudin Radio Mukinbudin 89.1 01/05/2014 04/05/2014

2KY Broadcasters Pty Ltd Radio Batemans Bay 93.6 02/07/2014 30/06/2015

Harrietville Television Inc. TV Harrietville 655.5/46 07/07/2014 01/01/2015

Falls Creek Ski Lifts Pty Ltd TV Falls Creek 620.5/41 01/01/2014 31/12/2014

Harrietville Television Inc. TV Harrietville 676.5/49 07/07/2014 01/01/2015

Harrietville Television Inc. TV Harrietville 683.5/50 07/07/2014 01/01/2015

Harrietville Television Inc. TV Harrietville 669.5/48 07/07/2014 01/01/2015

Harrietville Television Inc. TV Harrietville 662.5/47 07/07/2014 01/01/2015

Falls Creek Ski Lifts Pty Ltd TV Falls Creek 641.5/44 01/01/2014 31/12/2014

Falls Creek Ski Lifts Pty Ltd TV Falls Creek 627.5/42 01/01/2014 31/12/2014

Falls Creek Ski Lifts Pty Ltd TV Falls Creek 634.5/43 01/01/2014 31/12/2014

Falls Creek Ski Lifts Pty Ltd TV Falls Creek 613.5/40 01/01/2014 31/12/2014

Table 52: Special events, 2013-14

State Area Applicant Frequency

(MHz)/channel Date of effect Date of

expiry

NSW Sydney CBD China Radio Network Pty Ltd 91.6 02/09/2013 01/10/2013

NSW Sydney Bassem El Mir 107.9 11/08/2013 18/08/2013

ACT Canberra Tim Kuschel 99.5 04/10/2013 13/10/2013

NSW Nambucca Heads (SE) Drag-ens Hot Rod Club 88.7 22/09/2013 29/09/2013

NSW Marsden Park Sounddec Pty Ltd 107.9 03/10/2013 06/10/2013

ACT Bathurst JPJ Audio Pty Limited 103.9 07/10/2013 13/10/2013

ACT Maribyrnong Maribyrnong Festival Limited/Big West Festival 99.9 22/11/2013 01/12/2013

ACT Brisbane Cricket Ground (SE) Sounddec Pty Ltd 61.2 17/01/2014 17/01/2014

ACT WACA Ground (SE) Sounddec Pty Ltd 61.2 01/03/1220 17/12/2013

ACT Fremantle Fremantle Sailing Club Inc. 89.1 09/11/2013 11/11/2013

ACT Darwin Australian Broadcasting

Corporation

106.5 05/09/2013 07/09/2013

ACMA Annual report 2013-14 | 179

ACT Sydney Cricket Ground (SE) Sounddec Pty Ltd 400 17/01/2014 17/01/2014

ACT Adelaide (SE) Sounddec Pty Ltd 61.2 03/12/2013 09/12/2013

ACT Sydney (SE) Sounddec Pty Ltd 61.2 03/01/2014 07/01/2014

ACT Melbourne Cricket Ground (SE) Sounddec Pty Ltd 61.2 26/12/2013 30/12/2013

ACT Sydney (SE) Sounddec Pty Ltd 61.2 03/01/2014 07/01/2014

ACT Melbourne Cricket Ground (SE) Sounddec Pty Ltd 61.2 12/01/2014 12/01/2014

ACT Sydney (SE) Sounddec Pty Ltd 62.7 19/01/2014 19/01/2014

ACT Sydney Cricket Ground (SE) Sounddec Pty Ltd 62.7 24/01/2014 24/01/2014

ACT Adelaide Oval (SE) Sounddec Pty Ltd 61.2 26/01/2014 26/01/2014

ACT Hobart Bellerive Oval (SE) Sounddec Pty Ltd 61.2 29/01/2014 29/01/2014

ACT ANZ Stadium Homebush (SE) Sounddec Pty Ltd 61.2 02/02/2014 02/02/2014

ACT Melbourne Sounddec Pty Ltd 61.2 31/01/2014 31/01/2014

ACT Adelaide Oval (SE) Sounddec Pty Ltd 61.2 05/12/2013 09/12/2013

ACT Sydney (SE) Sounddec Pty Ltd 61.2 02/02/2014 02/02/2014

ACT Melbourne Cricket Ground (SE) Sounddec Pty Ltd 61.2 31/01/2014 31/01/2014

Vic. Docklands Madeleine Flynn 89.5 16/11/2013 15/12/2013

NSW Sydney Islamic Radio and Communication

Limited

107.9 13/02/1971 26/10/2013

NSW Riversdale (SE) Bundanon Trust 99.7 09/10/2013 13/10/2013

Vic. Melbourne Riedel Communications Australia Pty Ltd 99.7 25/09/2013 29/09/2013

SA Mt Gambier Bushvision 590.25/37 07/11/2013 10/11/2013

Tas. Burnie (SE) Burnie Sports & Events Pty Ltd 100.1 19/10/2013 20/10/2013

ACT Homebush Sounddec Pty Ltd 62.7 02/02/2014 02/02/2014

ACT Sydney Cricket Ground (SE) Sounddec Pty Ltd 61.2 19/01/2014 19/01/2014

ACT Sydney Cricket Ground (SE) Sounddec Pty Ltd 62.7 03/01/2014 07/01/2014

ACT WACA Ground (SE) Sounddec Pty Ltd 62.7 24/01/2014 24/01/2014

ACT WACA Ground (SE) Sounddec Pty Ltd 62.7 13/12/2013 17/12/2013

ACT Melbourne Cricket Ground (SE) Sounddec Pty Ltd 62.7 23/12/2013 30/12/2013

ACT Adelaide Oval (SE) Sounddec Pty Ltd 62.7 11/01/2014 12/01/2014

ACT Melbourne Cricket Ground (SE) Sounddec Pty Ltd 62.7 31/01/2014 31/01/2014

ACT Briabane Cricket Ground (SE) Sounddec Pty Ltd 62.7 03/12/2013 09/12/2013

ACT Adelaide Oval (SE) Sounddec Pty Ltd 62.7 26/01/2014 26/01/2014

ACT Brisbane Cricket Ground (SE) Sounddec Pty Ltd 62.7 19/11/2013 25/11/2013

180 | Appendixes

ACT Brisbane Cricket Ground (SE) Sounddec Pty Ltd 62.7 17/01/2014 17/01/2014

ACT Hobart Bellerive Oval (SE) Sounddec Pty Ltd 62.7 29/01/2014 29/01/2014

Qld Gold Coast Skilled Park (SE) Sounddec Pty Ltd 62.7 12/10/2013 13/10/2013

NSW Sydney Riedel Communications Australia

Pty Ltd

90.7 28/09/2013 06/10/2013

NSW Sydney Riedel Communications Australia

Pty Ltd

90.7 28/09/2013 06/10/2013

Vic. Mildura Mildura Country Music Festival Inc. 93.5 26/09/2013 07/10/2013

Vic. Mildura (SE) Arts Mildura Jazz Food & Wine

Festival

93.5 17/10/2013 05/11/2013

Vic. Phillip Island Australian Grand Prix 809.5/68 14/10/2013 20/10/2013

ACT Canberra Tim Kuschel 99.5 01/11/2013 03/11/2013

NSW Sydney Tele Visions 681.25/50 28/11/2013 03/12/2013

SA Adelaide (SE) Staging Connections Pty Limited 94.3 14/11/2013 17/11/2013

Qld Townsville Australian Broadcasting

Corporation

90.9 10/11/2013 10/11/2013

NSW Sydney (SE) Bankstown and Surrounding Areas Community Radio Inc. 91.6 05/11/2013 04/12/2013

NSW Tamworth (SE) Agricultural Publishers Pty Limited 106.1 15/01/2014 27/01/2014

Tas. Scotsdale North Eastern Agricultural &

Pastoral Society Incorporated 101.9 14/11/2013 16/11/2013

Tas. Launceston Launceston Cycling Classic Inc. 94.9 08/12/2013 09/12/2013

SA Adelaide (SE) South Australian Motorsport Board Pty Ltd 94.3 24/02/2014 02/03/2014

ACT Canberra (SE) Summernats Pty Ltd 99.5 30/12/2013 05/01/2014

NSW Sydney City (SE) China Radio Network Pty Ltd 91.6 21/01/2014 19/02/2014

Vic. Melbourne Usana Australia Pty Ltd 89.3 05/01/2014 19/01/2014

Vic. Melbourne Rod Laver Arena (SE) Tennis Australia Limited 99.7 11/01/2014 27/01/2014

NSW Sydney Australian Racing Drivers Club Ltd 91.5 08/03/2014 09/03/2014

ACT Canberra (SE) I & J & R Ozerskis 99.5 21/02/2014 23/02/2014

NSW Eastern Creek International Raceway (SE)

Sounddec Pty Ltd 61.2 08/03/2014 09/03/2014

Qld Townsville (SE) Townsville City Council 90.1 03/04/2014 05/04/2014

SA Nuriootpa (SE) Uniting Church in Australia 97.7 22/03/2014 23/03/2014

WA Busselton 3 Monkeys Audiovisual 94.9 02/05/2014 03/05/2014

ACT Canberra My Local Radio Station Pty Limited 99.5 27/06/2014 04/08/2014

NSW Eastern Creek International Raceway (SE)

Sounddec Pty Ltd 62.7 08/03/2014 09/03/2014

NSW Sydney SE Australian Film Television & Radio School 107.9 10/04/2014 24/04/2014

ACT Canberra My Local Radio Station Pty Limited 93.5 27/06/2014 04/08/2014

Vic. Melbourne SE Australian Grand Prix 99.7 10/03/2014 18/03/2014

ACMA Annual report 2013-14 | 181

ACT Canberra Tim Kuschel T/A Guz Box 99.5 14/03/2014 16/03/2014

ACT Canberra Tim Kuschel T/A Guz Box 99.5 04/04/2014 06/04/2014

Qld Boyne Island SE Boyne Tannum HookUp Association Inc. 103.9 01/05/2014 04/05/2014

NSW Lakemba Islamic Radio and Communication Limited 107.9 28/06/2014 29/07/2014

NSW Sydney (SE) Bassem El Mir 91.6 28/06/2014 29/07/2014

SA Loxton (SE) Bob’s Sound Systems Pty Ltd 97.7 03/05/2014 04/05/2014

NSW Webbs Creek (SE) NSW Endurance Riders Association 89.5 12/06/2014 16/06/2014

Vic. Melbourne (SE) Australian Muslim Media Inc. 99.7 28/06/2014 29/07/2014

WA Joondalup 3 Monkeys Audiovisual 88.9 18/07/2014 20/07/2014

WA Mt Lawley 3 Monkeys Audiovisual 88.9 08/08/2014 10/08/2014

Vic. Springvale (SE) Mccall Communications Pty Ltd 99.7 08/09/2014 14/09/2014

NSW Lakemba Islamic Radio and Communication Limited 107.9 28/06/2014 20/07/2014

NSW St Albans Shahzada 400 Incorporated 89.5 16/08/2014 31/08/2014

NSW Sydney Sydney Opera House Trust 91.6 16/05/2014 12/06/2014

WA Bentley (SE) 3 Monkeys Audiovisual 89.1 02/08/2014 03/08/2014

Qld Meandarra Tripoli Rocketry Queensland Inc. 101.1 20/06/2014 29/06/2014

Qld Townsville JPJ Audio Pty Limited 96.3 04/07/2014 06/07/2014

Qld Atherton SE Department of Defence 89.7 01/07/2014 31/07/2014

Qld Townsville SE Department of Defence 89.7 01/07/2014 31/07/2014

182 | Appendixes

Appendix 5: Programs and content

Table 53: Programs granted children’s or preschool classification, 2013-14

Program title Style Type Origin Applicant

Children’s—C

It’s Academic (series 19, episodes IAC19/001- IAC19/065)

Live action Light entertainment— Competition/Game show Australia Seven Network (Operations) Limited

Kitchen Whiz (series 6, episodes KW06/01- KW06/70)

Live action Light entertainment— Competition/Game show Australia Ambience Entertainment Pty Ltd

Match It (series 3, episodes MATI3-001-MATI3-065) Live action Light entertainment— Competition/Game show

Australia Match It Media Pty Ltd

Scope (series 3, episodes Scope 3/001-180) Live action Light entertainment— Information/Magazine

Australia Network TEN Pty Ltd

Move It (series 1, episodes MI001/01-MI001/65) Live action Light entertainment— Competition/Game show

Australia Ambience Entertainment Pty Ltd

Totally Wild (series 22, episodes TW22/001- TW22/180)

Live action Light entertainment— Information/Magazine Australia Network TEN Pty Ltd

Move It (series 2, episodes MI002/01-MI002/65) Live action Light entertainment— Competition/Game show

Australia Ambience Entertainment Pty Ltd

Match It (series 4, episodes MATI4-001-MATI4-065) Live action Light entertainment— Competition/Game show

Australia Match It Media Pty Ltd

Provisional—PRC

Move It (series 1, episodes MI001/01-MI001/65) Live action Light entertainment— Competition/Game show

Australia Ambience Entertainment Pty Ltd

Dinosaur Island (feature) Live action Drama—Feature Australia Extinct Production Pty Ltd

Fanshaw & Crudnut (series1, episodes 1-52) Animation Drama—Series Australia Beyond Screen Production

Pty Ltd

Dream Dogs (telemovie) Live action Drama—Feature Australia SLR Productions Pty Ltd

The Deep (series 1, episodes 1-26)

Animation Drama—Series Australia A Stark Production Pty Ltd

Flushed (series 1, episodes1-65)

Live action Light entertainment— Competition/Game show Australia Ambience Entertainment Pty Ltd

Bottersnikes & Gumbles (series 1, episodes 1-52) Animation Drama—Series Australia Cheeky Little Media

PtyLtd

Preschool—P

Magical Tales (series 5, episodes EP001-EP045) Live action Drama—Series Australia Ambience Entertainment

Pty Ltd

Pipsqueaks (series 1, episodes 1-45) Live action/ Puppetry

Light entertainment— Variety Australia Beyond Screen Production Pty Ltd

Lah-Lah’s Adventures (series 1, episodes CH7LL01-CH7LL13)

Live action Drama—Series Australia Stella Projects Pty Ltd

ACMA Annual report 2013-14 | 183

Pipsqueaks (series 2, episodes 46-135) Live action/ Puppetry

Light entertainment— Variety Australia Beyond Screen Productions Pty Ltd

Preschool—P—Renewal

The Fairies (series 1, episodes 1-52) Live action/ Animation

Light entertainment— Variety Australia The Fairies Development Pty Ltd

The Fairies (series 2, episodes 1-52) Live action/ Animation

Light entertainment— Variety Australia The Fairies Development Pty Ltd

The Fairies (series 3, episodes 1-26) Live action/ Animation

Light entertainment— Variety Australia The Fairies Development Pty Ltd

Provisional—PRP

Jay’s Jungle (series 1, episodes EP001-EP065) Live action Light entertainment— Variety

Australia Ambience Entertainment Pty Ltd

Australian children’s drama—CD

Sally Bollywood (series 2, episodes 1-26) Animation Drama—Series Australia Three’s A Company

PtyLtd

Buzz Bumble (series 1, episodes 1-52) Animation Drama—Series Australia Creating Buzz Holdings

Pty Ltd

Tashi (series 1, episodes1-52)

Animation Drama—Series Australia Tashi Production Pty Ltd

Jar Dwellers SOS (series 1, episodes TEN 01-TEN 26) Animation Drama—Series Australia Kalidor Pty Ltd t/a

Viskatoons

Mako Island of Secrets (series 2, episodes 1-13) Live action Drama—Series Australia Jonathan M Shiff

Productions Pty Ltd

Hairy Legs (series 1, episodes 1-26) Animation Drama—Series Australia Southern Star

Entertainment Pty Ltd

In Your Dreams (series 2, episodes 1-26) Live action Drama—Series Australia Southern Star

Entertainment Pty Ltd

Sally Bollywood (series 2, episodes 27-52) Animation Drama—Series Australia Three’s A Company

PtyLtd

Pirate Express (series 1, episodes 1-26) Animation Drama—Series Australia Sticky Pictures Pty Ltd

The Day My Butt Went Psycho (series 1, episodes1A-26B)

Animation Drama—Series Australia Brain Bender Pty Ltd

Mako Island of Secrets (series 2, episodes 14-26) Live action Drama—Series Australia Jonathan M Shiff

Productions Pty Ltd

The Day My Butt Went Psycho (series 1, episodes27-52)

Animation Drama—Series Australia Brain Bender Pty Ltd

Hairy Legs (series 1, episodes 27-52) Animation Drama—Series Australia Endemol Australia Pty Ltd

Pirate Express (series 1, episodes 27-52) Animation Drama—Series Australia Sticky Pictures Pty Ltd

1001 Nights (series 1, episodes 1-26) Animation Drama—Series Australia Chocolate Liberation Front

Pty Ltd

Captain Flinn and the Pirate Dinosaurs (series 1, episodes 1-52)

Animation Drama—Series Australia SLR Productions Pty Ltd

184 | Appendixes

Table 54: Children’s television consultants, 2013-14

Name Expertise

Donna Andrews Child development/Production

Dina Browne Production

Robert Greenberg Production/Script writer

Stephen Measday Production/Script writer

Fiona Mitchell Child development

Rita Princi Child development

Gina Roncoli Production/Script writer

ACMA Annual report 2013-14 | 185

Appendix 6: Broadcasting investigations outcomes 2013-14

Table 55: ACMA investigations 1 July 2013 to 30 June 2014

Commercial television

Breach findings: 17

Investigation number Station Program or

issue

Substance of complaint Outcome

2934 TCN

TCN Channel Nine Pty Ltd NSW

A Current Affair Inaccuracies and negative portrayal in ‘All-Asian Mall’ segment; inadequate correction

Breach—accuracy Breach—negative light by gratuitous emphasis on ethnic origin Breach—provoke intense dislike and serious contempt on grounds of ethnic origin No breach—create public panic

2950 TCN/TCN

Channel Nine Pty Ltd/NSW

GTV/General Television Corporation PtyLtd/Vic.

The Big Bang Theory Missing captions Disregarded breach^—missing captions*

2964 BTQ

Channel Seven Brisbane PtyLimited Qld

Seven News, Today Tonight, Home and Away

Quality of captions

Disregarded breach^—looping captions*

2968 BTQ

Channel Seven Brisbane PtyLimited Qld

Home and Away Missing captions Disregarded breach^—captioning*

3043 TVQ

Network Ten (Brisbane) PtyLtd Qld

Ten News at Five Inaccurate description of person as an ‘expert’ on climate change

Breach—complaints-handling No breach—accuracy No breach—present news fairly and impartially

3046 HSV

Channel Seven Melbourne PtyLtd Vic.

BTQ Channel Seven Brisbane PtyLimited Qld

My Kitchen Rules Grand Final

Missing captions Breach—captioning*

186 | Appendixes

3052 ATV

Network TEN (Melbourne) PtyLtd Vic.

Political advertisement Political advertisement

broadcast without required particulars

Breach—announcement of required particulars in political advertising*

3060 ATN

Channel Seven Sydney Pty Ltd NSW

Today Tonight Misleading dramatisations, inaccuracies, lack of sensitivity in interview with bereaved relative, unfair identification of an individual, gratuitous focus on religion and provocation of dislike, contempt and ridicule on grounds of religion in segment ‘The Death of a Believer’. Inaccuracies in promotion for the segment

Breach—accuracy (program) Breach—accuracy (promotion) No breach—dislike, contempt or ridicule on the grounds of religion No breach—fair representation of viewpoints No breach—sensitivity in broadcasting images of or interviews with bereaved relatives No breach—unfairly identifying a single person when commenting on the behaviour of a group No breach—gratuitous emphasis on religion

3085 NRN

Northern Rivers Television PtyLtd NSW

Rugby Union— Australia v British and Irish Lions

Delayed and missing captions Breach—captioning* Disregarded breach^—providing

a captioning service

3095 TEN

Network TEN (Sydney) Pty Ltd NSW

Ripper Street (program promotion)

Inappropriate depiction of violence in a program promotion broadcast during a G-classified program

Breach—classification of other material Breach—restrictions in G viewing periods and in certain other G programs

3105 GTV

General Television Corporation PtyLtd Vic.

Nine News Quality of

captions

Breach—captioning*

3124 NEN

Prime Television (Northern) PtyLtd NSW

My Kitchen Rules Grand Final

Missing captions Breach—captioning*

3165 SAS

Channel Seven Adelaide Pty Ltd SA

Toy Box Children’s

Television Standards

Breach—broadcast a program other than a Pprogram in a Pperiod* Breach—did not broadcast at least 30minutes of Pmaterial every weekday*

3207 GTV

General Television Corporation PtyLtd Vic.

2013 C program quota Children’s Television

Standards

Australian Content Standard

Breach—broadcast a program other than a C program in a C period* Breach—did not broadcast at least 260hours of C programming* Breach—did not broadcast at least 50per cent first-release C program in2013*

ACMA Annual report 2013-14 | 187

3208 QTQ

Queensland Television Ltd

2013 C program quota Children’s Television

Standards

Australian Content Standard

Breach—broadcast a program other than a C program in a C period* Breach—did not broadcast at least 260 hours of C programming* Breach—did not broadcast at least 50per cent first-release C program in 2013*

3209 TCN

TCN Channel Nine Pty Ltd NSW

2013 C program quota Children’s Television

Standards

Australian Content Standard

Breach—broadcast a program other than a C program in a C period* Breach—did not broadcast at least 260hours of C programming* Breach—did not broadcast at least 50per cent first-release C program in 2013*

3223 STW

Swan Television & Radio Broadcasters Pty Ltd WA

2014 National Rugby League State of Origin series—Game 1

Restriction on the broadcast of an anti-siphoning event

Breach—broadcast of anti-siphoning event on HD multi-channel without simulcasting on primary channel*

No breach findings: 43

2967 NEN

Prime Television (Northern) PtyLtd NSW

Prime Local News

Quality of captions

No breach—captioning*

2991 SAS

Channel Seven Adelaide Pty Ltd SA

Today Tonight Person’s privacy invaded by broadcasting footage filmed at their workplace

No breach—exercising due care in selecting material for broadcast No breach—privacy

3027 VTV

WIN Television Pty Ltd Vic.

WIN News Hour Inaccurate and unfair identification

No breach—accuracy No breach—unfairly identifying a single person when commenting on the behaviour of a group

3028 SAS

Channel Seven Adelaide Pty Ltd SA

Sunrise Promotion of

product during interview

No breach—disclosure of commercial arrangement No breach—paid material must be distinguishable No breach—inform licensee of commercial arrangements

3029 ATN

Channel Seven Sydney Pty Ltd NSW

Today Tonight Inaccuracies in segment ‘Jewellers break the law’

No breach—accuracy

3033 HSV

Channel Seven Melbourne PtyLtd Vic.

Today Tonight Inaccurate portrayal of a marginalised individual

No breach—accuracy

3035 QTQ

Queensland Television Ltd Qld

60 Minutes Inaccuracies, invasion of privacy, broadcast of secretly recorded conversation, and contempt for an Amazonian Indigenous community

No breach—accuracy No breach—privacy No breach—racial vilification No breach—use of broadcasting service in commission of offence*

3037 ATV

Network TEN (Melbourne) PtyLtd Vic.

Can of Worms Ridicule on basis of race No breach—dislike, contempt or ridicule on grounds of national

or ethnicorigin

188 | Appendixes

3039 ATN

Channel Seven Sydney Pty Ltd NSW

Family Guy (promotion)

Distasteful and offensive treatment of the Christian God

No breach—dislike, contempt or ridicule on grounds of religion

3050 GTV

General Television Corporation PtyLtd Vic.

A Current Affair Omission of information in segment about parking on nature strips

No breach—accuracy

3053 HSV

Channel Seven Melbourne PtyLtd Vic.

Today Tonight Photograph of person shown No breach—privacy

3072 ATN

Channel Seven Sydney Pty Ltd NSW

Today Tonight Inappropriate report on the sale of legal drugs at a time when children could be watching

No breach—classification of other material—exemption for news, current affairs and broadcasts of sporting events

3076 SAS

Channel Seven Adelaide Pty Ltd SA

A Place to Call Home Appropriate consumer advice

not provided

No breach—classification of other material (M classification) No breach—consumer advice for certain programs

3083 ATV

Network TEN (Melbourne) PtyLtd Vic.

Bish’s Biz Inaccurate

reference to Portia de Rossi as Ellen DeGeneres’s ‘wife’

No breach—accuracy

3086 TCN

TCN Channel Nine Pty Ltd NSW

Godfreys vacuum cleaner advertisement

Political advertisement broadcast without required particulars

No breach—announcement of required particulars in political advertising*

3087 TNQ

Regional Television PtyLtd Qld

Ten News at Five Reference to asylum-seekers as an ‘invasion’ was not balanced and impartial

No breach—impartiality

3090 TCN

TCN Channel Nine Pty Ltd NSW

Clever Smoke advertisement Broadcast tobacco

advertisement

No breach—tobacco advertisement*

3091 TCN

TCN Channel Nine Pty Ltd NSW

The Footy Show (NRL version) Inappropriate references to

children in an M-classified program

No breach—classification of other material (M sex and nudity, adult themes)

3093 SAS

Channel Seven Adelaide Pty Ltd SA

Today Tonight Segment on a family’s use of royal titles and related program promotions was inaccurate, misrepresented viewpoints and breached privacy

No breach—accuracy No breach—accuracy in promotions No breach—fair representation of viewpoints No breach—privacy

3094 NRN

Northern Rivers Television PtyLtd NSW

Rugby Union— Australia v New Zealand

Missing captions No breach—captioning*

ACMA Annual report 2013-14 | 189

3096 QTQ

Queensland Television Ltd Qld

Nine News Care not taken

in the selection of material for broadcast in a report on a politician’s extramarital affair

No breach—classification of other material—exemption for news, current affairs and broadcasts of sporting events

3098 GTV

General Television Corporation PtyLtd Vic.

A Current Affair Accuracy; dislike, contempt or ridicule on grounds of ethnicity; fair representation of viewpoints; and portrayal in negative light

No breach—accuracy No breach—dislike, contempt or ridicule on grounds of ethnicity No breach—fair representation of viewpoints No breach—portray in negative light

3104 TCN

TCN Channel Nine Pty Ltd NSW

Hamish & Andy’s Gap Year Asia Footage of animal cruelty in

a PG-classified program with no consumer advice

No breach—classification of other material (PG themes) No breach—consumer advice for certain programs

3106 TCN

TCN Channel Nine Pty Ltd NSW

Nine News Captions

delayed and improperly placed

No breach—captioning*

3110 ATV

Network TEN (Melbourne) PtyLtd Vic.

Clever Smoke advertisement Broadcast tobacco

advertisement

No breach—tobacco advertisement*

3125 TCN

TCN Channel Nine Pty Ltd NSW

Friday Night Football

Restrictions on promotion of odds and commercials relating to betting or gambling during live sports broadcasts

No breach—no promotion of odds in scheduled breaks of a live sporting event No breach—no commercials relating to betting or gambling during play during a live sporting event No breach—no commercials relating to betting or gambling before and after play, and during scheduled and unscheduled breaks of a live sporting event

3126 BTQ

Channel Seven Brisbane Pty Ltd Qld

Weekend Sunrise

Segment about eco-friendly cars was inaccurate and biased

No breach—accuracy

3128 HSV

Channel Seven Melbourne PtyLtd Vic.

Today Tonight Inaccuracies in a segment concerning a dermal laser clinic

No breach—accuracy No breach—representation of viewpoint

3143 STQ

Channel Seven Queensland PtyLtd Qld

Seven Local News

Invasion of privacy concerning a child

No breach—privacy No breach—privacy of a child

3145 TVW

Channel Seven Perth Pty Ltd WA

Motor Mate Tobacco

advertisement No breach—tobacco advertisement*

3146 ATV

Network TEN (Melbourne) PtyLtd Vic.

The Biggest Loser: the Next Generation

Provocation of dislike and presentation of participants in reality TV concerning weight loss

No breach—dislike, contempt or ridicule on the grounds of disability No breach—present participants in reality TV programs in a highly demeaning or highly exploitative manner

190 | Appendixes

3147 HSV

Channel Seven Melbourne PtyLtd Vic.

The Blacklist Inappropriate depictions of violence in M-classified program

No breach—classification of other material (M violence) No breach—material not suitable for television

3148 CBN

Prime Television (Southern) PtyLtd NSW

Weekend Sunrise

Inaccuracy in discussion on measles immunisation

No breach—accuracy

3150 SAS

Channel Seven Adelaide Pty Ltd SA

The Morning Show Inappropriate depiction

of sex in a PG-classified program

No breach—classification of other material (PG sex and nudity)

3153 GWN

Golden West Satellite Communications Pty Ltd WA

Seven News Misleading and violent footage in news segment

No breach—accuracy No breach—exercise care in selection of broadcast material No breach—warnings

3170 GTV

General Television Corporation PtyLtd Vic.

The Ashes: Fifth Test—Australia v England, DayThree, Afternoon Session

Inappropriate language No breach—classification of other material—exemption for news,

current affairs and broadcasts of sporting events

3173 RTQ

WIN Television Queensland PtyLtd Qld

Election advertisement Broadcast of an election

advertisement during the ‘blackout’ period

No breach—election advertisement*

3179 QTQ

Queensland Television Ltd Qld

A Current Affair Privacy in footage of theme park

No breach—privacy

3180 TCN

TCN Channel Nine Pty Ltd NSW

Ashes Test Cricket coverage Dislike, contempt or

ridicule on grounds of race

No breach—dislike, contempt or ridicule on grounds of race

3181 TNT

Southern Cross Television Tas.

Sunrise Dislike,

contempt or ridicule on grounds of race

No breach—dislike, contempt or ridicule on grounds of race

3187 NEW

Network TEN (Perth) Pty Ltd WA

Roy and HG’s Russian Revolution

Severe ridicule on grounds of nationality

No breach—dislike, contempt or ridicule on grounds of nationality

3191 TCN

TCN Channel Nine Pty Ltd NSW

Millionaire Hot Seat Dislike, contempt or

ridicule

No breach—dislike, contempt or ridicule

3200 TCN

TCN Channel Nine Pty Ltd NSW

Today Inappropriate

depictions of nudity and sexual behaviour

No breach—classification of other material—exemption for news, current affairs and broadcasts of sporting events

^ Under section 130ZUB of the BSA, captioning breaches by commercial or national broadcasters are disregarded if caused by unforeseen and significant technical or engineering difficulties. *Investigation against a licence condition, standard or provision of the BSA.

ACMA Annual report 2013-14 | 191

ABC television

Breach findings: 1

Investigation number Station Program or

issue

Substance of complaint Outcome

3119 ABN, ABQ, ABS

ABV ABC TV NSW, Qld, SA, Vic.

The Hamster Decides Broadcast of offensive content

and language

Breach—harm and offence—must be justified by editorial context No breach—harm and offence— labels, warnings or advice No breach—harm and offence— classification and scheduling (MA15+ themes, language)

No breach findings: 33

2956 ABN

ABC TV NSW

Catalyst Inaccuracies in

segment on sea level rises

No breach—accuracy

2997 ABN

ABC TV NSW

Gruen Planet Quality of captions No breach—captioning*

3021 ABN

ABC TV NSW

Mad as Hell Offensive

reference to Jesus Christ

No breach—harm and offence

3025 ABC TV

ACT

ABC News Reference to a

politician as a ‘terrorist’ was inaccurate and displayed bias. No opportunity to respond

No breach—accuracy No breach—impartiality No breach—unduly favour one perspective No breach—opportunity to respond No breach—attribute information to its source

3036 ABV

ABC TV Vic.

Q&A Anti-creationism

bias

No breach—diversity of perspective No breach—not misrepresent any perspectives No breach—unduly favour one perspective

3041 ABC TV

ACT

The Drum Panellists’

comments derogatory to individuals with mental illness

No breach—harm or offence No breach—stereotypes or discriminatory content

3042 ABQ

ABC TV Qld

Q&A Political bias

in treatment of panellists

No breach—impartiality No breach—editorial opinion No breach—misrepresentation of perspective No breach—unduly favour one perspective

3059 ABV

ABC TV Vic.

The Elegant Gentleman’s Guide to Knife Fighting

Offensive image of Christ in comedy sketch

No breach—harm or offence

3066 ABN

ABC TV NSW

Four Corners The segment was inaccurate, biased and one-sided

No breach—accuracy No breach—materially mislead No breach—impartiality No breach—unduly favour one perspective

3069 ABN

ABC TV NSW

The Checkout Use of phrase offensive to Christians

No breach—harm and offence

3073 ABN

ABC TV NSW

ABC News 24 Insensitive comments in report on sentencing of an Italian politician

No breach—harm and offence

192 | Appendixes

3074 ABV

ABC TV Vic.

You’re Skitting Me Use of ‘ranga’ was

offensive and discriminatory

No breach—harm and offence No breach—stereotypes or discriminatory content

3077 ABV

ABC TV Vic.

Q&A Insulting

reference to authors of the Gospels

No breach—harm and offence

3082 ABT

ABC TV Tas.

7.30 Bias in interview

with former Opposition Leader

No breach—accuracy No breach—impartiality No breach—harm and offence

3103 ABS

ABC TV SA

Funny As: SteveCoogan Inappropriate coarse language

No breach—television classifications (MA15+ language)

3107 ABW

ABC TV WA

Catalyst Bias and

inaccuracies in segment on fluoridation

No breach—accuracy No breach—materially mislead No breach—impartiality No breach—present diversity of perspectives over time No breach—unduly favour one perspective

3108 ABV

ABC TV Vic.

Adam Hill Tonight

Upsetting footage

No breach—harm and offence No breach—warning

3118 ABT

ABC TV Tas.

ABC News News report

about a man acquitted of sexual assault charges was biased and an invasion of privacy

No breach—impartiality No breach—privacy

3122 ABQ

ABC TV Qld

Lateline Accuracy

concerning political affiliations

No breach—accuracy

3136 ABV

ABC TV Vic.

ABC News 24—Julia Gillard in conversation with Anne Summers

Biased interview with former Prime Minister

No breach—impartiality No breach—diversity of perspectives

3137 ABQ

ABC TV Qld

ABC News— ‘Fact Check’ Bias in discussion of

asylum-seeker policy

No breach—accuracy No breach—materially mislead No breach—impartiality No breach—misrepresent any perspective

3138 ABN

ABC TV NSW

Catalyst Bias and

inaccuracies in program about chiropractic treatment

No breach—accuracy No breach—materially mislead No breach—impartiality No breach—diversity of perspectives No breach—unduly favour one perspective over another

3139 ABN

ABC TV NSW

Gruen Planet One-sided treatment of current debate on same-sex marriage

No breach—impartiality No breach—unduly favour one perspective

3149 ABV

ABC TV Vic.

Q&A Use of explicit

language

No breach—representation of viewpoints No breach—harm and offence

3158 ABN

ABC TV NSW

ABC News Breakfast

Bias and accuracy during interview with the Hon. Greg Hunt, MP

No breach—accuracy No breach—impartiality No breach—editorial opinion No breach—unduly favour one perspective

ACMA Annual report 2013-14 | 193

3161 ABW ABC News 24 Accuracy and

misleading presentation of factual content

No breach—accuracy No breach—materially mislead

3172 ABW

ACT TV WA

ABC News 24 Bias in news ticker statement No breach—impartiality No breach—editorial opinion

3174 ABW

ABC TV Perth

Dumb, Drunk and Racist Bias in portrayal of Australians

and use of stereotypes

No breach—impartiality No breach—stereotypes or discriminatory content

3178 ABN

ABC TV NSW

Media Watch Opportunity to respond to allegations

No breach—opportunity to respond toallegations

3188 ABW

ABC TV WA

The Insiders Accuracy and bias No breach—accuracy No breach—impartiality

3189 ABV

ABC TV Vic.

ABC News Inaccurate visual footage and impartiality

No breach—accuracy No breach—impartiality

3193 ABV

ABC TV Vic.

7.30 Accuracy No breach—accuracy

3206 ABV

ABC TV Vic.

The Drum Accuracy and

stereotypes in comments about Australia’s Bicentennial

No breach—accuracy No breach—stereotypes or discriminatory content

SBS television

No breach findings: 2

Investigation number Station Program or

issue

Substance of complaint Outcome

3097 SBS

SBS TV ACT

Housos (program promotion)

Program promotion contained offensive images

No breach—classification categories (PG sex and nudity) No breach—time zones

3183 SBS

SBS TV Qld

JFK: The Smoking Gun Diversity of views and perspectives

in reports on inquiries into assassination

No breach—diversity of views and perspectives

Subscription television

No breach findings: 2

Investigation number Station Program or

issue

Substance of complaint Outcome

3120 Sky News Paul Murray Live Election

advertising during blackout period

No breach—election advertising*

3196 World Movies

Channel Foxtel

Donkey Punch Inappropriate depictions of violence and sex

No breach—classification and placement of programming (R18classification)

No findings: 2

3061 Channel FX+2

Foxtel

Da Vinci’s Demons

Quality of captions

No finding*

3084 Lifestyle Channel

Foxtel

Grand Designs Australia Quality of captions

No finding*

*Investigation against a licence condition, standard or provision of the BSA.

194 | Appendixes

Commercial radio

Breach findings: 18

Investigation number Station Program or

issue

Substance of complaint Outcome

2929 5AA

Festival City Broadcasters Pty Ltd SA

Bob Francis Unjustified

language and invasion of privacy in comments about a caller. Complaints-handling

Breach—complaints-handling No breach—decency No breach—privacy

2947 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments about

corruption in a government agency. Complaints-handling

Breach—complaints-handling No breach—accuracy No breach—present significant viewpoints

2952 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments about

government expenditure and the NBN, and alternative viewpoints not presented. Complaints-handling

Breach—complaints-handling No breach—accuracy

2953 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments

about public service wages. Complaints-handling

Breach—accuracy Breach—complaints-handling

2954 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments about

US economy. Complaints-handling

Breach—complaints-handling No breach—accuracy

2960 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments about

government expenditure and the NBN, and alternative viewpoints not presented. Complaints-handling

Breach—complaints-handling No breach—accuracy No breach—present significant viewpoints

2962 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate comments about

power stations. Complaints-handling

Breach—accuracy No breach—factual material is clearly distinguishable from commentary and analysis No breach—present significant viewpoints No breach—presentation of material in misleading manner No finding—complaints-handling

3054 2GB

Harbour Radio Pty Limited NSW

The Ray Hadley Morning Show Discussion about asylum-seekers.

Complaints-handling

Breach—complaints-handling No breach—accuracy

3062 2GB

Harbour Radio Pty Limited NSW

Chris Smith Afternoon Show Discussion about asylum-seekers.

Complaints-handling

Breach—complaints-handling No breach—accuracy

ACMA Annual report 2013-14 | 195

3063 2GB

Harbour Radio Pty Limited NSW

Ray Hadley Morning Show Discussion about asylum-seekers.

Complaints-handling

Breach—complaints-handling No finding—accuracy

3065 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccuracies in ‘NBN disaster’

Breach—accuracy

3075 2GB

Harbour Radio Pty Limited NSW

Alan Jones Breakfast Show Inaccurate report of the death of

a rugby league player at a time when he was still on life support. Complaints-handling

Breach—complaints-handling No breach—accuracy

3100 2GB

Harbour Radio Pty Limited NSW

Ray Hadley Morning Show Use of the term ‘lunatic’

stigmatises people with a mental illness. Complaints-handling

Breach—complaints-handling No breach—dislike, contempt or ridicule on grounds of disability

3101 2GF

2GFM AM Radio Pty Ltd NSW

2GF Valley Sports

Offensive comments by presenter about a representative of a local sporting club

Breach—complaints-handling No breach—decency

3132 3NNN

North East Broadcasters Pty Ltd Vic.

Reporting to the ACMA following a trigger event

Failure to submit a ‘draft local content plan’ and ‘statement’ (that included a ‘local presence report’) following a trigger event

Breach—submit a draft local content plan to the ACMA within 90 days of a trigger event* Breach—submit a report on the existing level of local presence to the ACMA within 90 days of a trigger event*

3133 3NE

North East Broadcasters Pty Ltd Vic.

Reporting to the ACMA following a trigger event

Failure to submit a ‘draft local content plan’ and ‘statement’ (that included a ‘local presence report’) following a trigger event

Breach—submit a draft local content plan to the ACMA within 90 days of a trigger event* Breach—submit a report on the existing level of local presence to the ACMA within 90 days of a trigger event*

3134 2QN

Rich Rivers Radio Pty Ltd NSW

Reporting to the ACMA following a trigger event

Failure to submit a ‘draft local content plan’ and ‘statement’ (that included a ‘local presence report’) following a trigger event

Breach—submit a draft local content plan to the ACMA within 90 days of a trigger event* Breach—submit a report on the existing level of local presence to the ACMA within 90 days of a trigger event*

3135 2MOR

Rich Rivers Radio Pty Ltd NSW

Reporting to the ACMA following a trigger event

Failure to submit a ‘draft local content plan’ and ‘statement’ (that included a ‘local presence report’) following a trigger event

Breach—submit a draft local content plan to the ACMA within 90 days of a trigger event* Breach—submit a report on the existing level of local presence to the ACMA within 90 days of a trigger event*

196 | Appendixes

No breach findings: 20

2978 6PR

Radio 6PR Perth Pty Ltd WA

Drive Advocacy of

suicide, violence and illegal drugs; misleading information; failure to correct errors; offensive language; religious vilification; advertisement of medicine without TGA approval. Complaints-handling

No breach—accuracy No breach—advertisement for therapeutic goods* No breach—complaints-handling No breach—correct errors No breach—decency No breach—depict suicide favourably No breach—encourage brutality No breach—hatred, contempt or ridicule because of religion No breach—incite violence and encourage brutality No breach—incitement of violence No breach—present use of illegal drugs as desirable No breach—presentation of material in misleading manner

3034 6PR

Radio 6PR Perth Pty Ltd WA

Drive Broadcasting

service used in commission of an offence

No breach—use broadcasting service in commission of offence*

3038 5AD

5AD Broadcasting Company PtyLtd SA

Adelaide’s Fun Breakfast Offensive content

broadcast when children and families may be listening

No breach—decency

3055 2DAY

2Day FM Sydney Pty Ltd NSW

Dan & Maz Show

Ridicule of people with a medical condition. Complaints-handling

No breach—hatred, contempt or ridicule of ground of disability No breach—complaints-handling

3064 3AW

Radio 3AW Melbourne PtyLtd Vic.

3AW Football Broadcast tobacco advertisement

No breach—tobacco advertisement*

3068 4RGK

Rockhampton BroadcastingCo. Pty Ltd Qld

Banksy & Brad— the Sea FM Morning Crew

Inappropriate conversation with child caller

No breach—decency

3071 2SM

Radio 2SM PtyLtd NSW

John Laws Unacceptable treatment of caller. Complaints-handling

No breach—decency No finding—complaints-handling

3089 2AAY

Radio Albury Wodonga PtyLtd NSW

Kyle and JackieO Hour of Power Presenter’s explanation

of a call from a listener that had been censored by the licensee was inappropriate for broadcast

No breach—decency No breach—explicit sexual theme

3092 3AW

Radio 3AW Melbourne PtyLtd Vic.

Breakfast with Ross & John Inaccurate comments

and disclosure of personal information

No breach—accuracy No breach—incite, encourage or present violence or brutality No breach—privacy

ACMA Annual report 2013-14 | 197

3099 6PER

DMG Radio (Perth) Pty Ltd WA

Smallzy’s Surgery

Discussion of a poll revealing the top five celebrities that people would most like to see in a celebrity sex tape was offensive

No breach—decency No breach—explicit sexual theme

3102 6PR

Radio 6PR Perth Pty Ltd WA

Drive Discussion of

a parking fine issued by a local council

No breach—decency No breach—incite, encourage or present violence or brutality No breach—presentation of material in misleading manner No breach—use broadcasting service in commission of an offence*

3109 6PR

Radio 6PR Perth Pty Ltd WA

Mornings and Drive Suicide presented as

desirable

No breach—depict suicide favourably No breach—presentation of material in misleading manner

3121 4GR

Gold Radio Service Pty Ltd Qld

The Big Breakfast

Discussion in which the presenters used euphemisms for male genitalia was inappropriate for broadcast

No breach—decency

3154 4EL

Cairns Broadcasters Pty Ltd Qld

Michael J Baily Breakfast Show Depiction of suicide

No breach—depict suicide favourably

3160 6PR

Radio 6PR Perth Pty Ltd WA

Drive with Paul Murray Discussion on incident between

a cyclist and police officer

No breach—incite, encourage or present violence or brutality

3164 2SM

Radio 2SM PtyLtd NSW

John Laws— Fortress of Irreverent Logic

Accuracy and privacy in segment on computer service

No breach—accuracy No breach—misrepresent viewpoints No breach—privacy

3171 2GB

Harbour Radio Pty Ltd NSW

Alan Jones Breakfast Show Factual accuracy concerning

discussion of spying in Indonesia

No breach—accuracy No breach—factual material is clearly distinguishable from commentary and analysis

3175 2GB

Harbour Radio Pty Ltd NSW

Nights with Steve Price

Offensive comment made during discussion on asylum-seekers

No breach—decency No breach—hatred, contempt or ridicule of ground of nationality

3186 2UUS

ARN Communications Pty Ltd NSW

Jonesy and Amanda Afternoon Delight (program promotion)

Decency in program promotion

No breach—decency

3211 3AW

Radio 3AW Melbourne PtyLtd Vic.

Drive Favourable

depiction of suicide in discussion about voluntary euthanasia

No breach—depict suicide favourably

*Investigation against a licence condition, standard or provision of the BSA.

198 | Appendixes

ABC radio

No breach findings: 20

Investigation number Station Program or

issue

Substance of complaint Outcome

3001 3LO

ABC Radio Vic. AM Inaccuracies

in report about impact of family violence on women’s health

No breach—accuracy No breach—materially mislead

3002 3LO

ABC Radio Vic. Morning with Jon Faine Biased interview

and false assurances about nature of interview

No breach—impartiality No breach—dealing with participants No breach—undertakings

3032 2RN

ABC Radio NSW AM Errors and

bias in climate change report

No breach—accuracy

3040 3RN

ABC Radio Vic. Drive Derogatory

comment about a person’s medical condition

No breach—impartiality No breach—harm and offence No breach—stereotypes or discriminatory content

3078 8DDD

ABC Radio NT NT Country Hour Inaccuracy in report about rates of Hendra

virus in NT fruit bats

No breach—accuracy

3111 3LO

ABC Radio Vic. Mornings with Jon Faine Bias in interview

with politician No breach—accuracy No breach—impartiality

3114 4QS

ABC Radio Qld Regional Afternoons

Caller’s description of medical consultation and naming their doctor was a breach of privacy

No breach—privacy

3115 4RN

ABC Radio Qld A Rational Fear Offensive language No breach—harm and offence

3116 2RN

ABC Radio ACT Sunday Extra Segment parodying the new federal

government ministry was offensive towards women

No breach—harm and offence No breach—stereotypes or discriminatory content

3123 2RN

ABC Radio NSW PM with Mark Colvin Accuracy

concerning measles outbreak

No breach—accuracy No breach—materially mislead

3142 4QY

ABC Radio Qld Drive with Richard Dinnen Inaccuracies and

allegations in a discussion of amalgamation of councils

No breach—factual accuracy No breach—fair opportunity to respond

3156 6RN

ABC Radio WA Saturday Extra Impartiality in discussion of US Affordable

Health Care Act

No breach—impartiality No breach—diversity of perspectives

3157 2RN

ABC Radio NSW Sound. Music. World Offensive

content in feature on poet and performance artist

No breach—harm and offence No breach—warnings

ACMA Annual report 2013-14 | 199

3162 3RN

ABC Radio Vic. PM Queensland Country Hour

Accuracy and impartiality in report on kangaroo numbers

No breach—accuracy No breach—materially mislead No breach—impartiality No breach—diversity of perspectives

3167 2CN

ABC Radio ACT Mornings with Genevieve Jacobs

Offensive content in discussion about the etymology and use of certain words that are increasingly being used in a colloquial manner

No breach—harm and offence No breach—warnings

3192 3RN

ABC Radio Vic. Late Night Live Bias against current government in

discussion about Cuban politics

No breach—impartiality

3194 6WF

ABC Radio WA Drive Inaccuracies

and bias in a discussion about former politician

No breach—accuracy No breach—impartiality

3203 2RN

ABC Radio NSW RN Breakfast Bias in report on parliamentary debate about

Operation Sovereign Borders

No breach—impartiality No breach—diversity of perspective

3204 6WF

ABC Radio WA Conversations with Richard Fidler

Accuracy and harm and offence in comments about a religious community

No breach—accuracy No breach—stereotypes or discriminatory content

3216 5JJJ

ABC Radio SA Song lyrics Offensive song

lyrics and themes

No breach—harm and offence No breach—warnings

SBS radio

No breach findings: 1

Investigation number Station Program or

issue

Substance of complaint Outcome

3112 3EA

SBS Radio Vic. Mandarin Language Program

Lack of balance in program featuring the stories of two Chinese sex workers

No breach—diversity of views and perspectives

Community television

Breach findings: 1

Investigation number Station Program or

issue

Substance of complaint Outcome

3185 C31

Melbourne Community Television Consortium Ltd

Licence condition matter Broadcasting advertisements

Breach—broadcasting advertisements*

200 | Appendixes

No breach findings: 2

3057 TVS

Television Sydney (TVS) Limited

Licence condition matters

Not representing the community interest or encouraging participation. Operating the service as part of a profit-making enterprise

No breach—representing the community interest* No breach—encouraging participation in selection of programs* No breach—encouraging participation in operations* No breach—operating as part of a profit-making enterprise*

3129 C31

Melbourne Community Television Consortium Ltd

Licence condition matter Not encouraging participation

No breach—encouraging participation in operations*

*Investigation against a licence condition, standard or provision of the BSA.

Community radio

Breach findings: 8

Investigation number Station Program or

issue

Substance of complaint Outcome

3031 4SFM

Sunshine FM Radio Association Inc.

Licence condition matters

Not representing the community interest or encouraging participation

Breach—representing the community interest* Breach—encouraging participation in selection of programs* No breach—encouraging participation in operations*

3079 2VTR

Hawkesbury Radio Communications Co-operative Society Ltd

Licence condition matters

Encouraging participation in the operations of the licensee and in the selection and provision of programs

Breach—encouraging participation in operations* No breach—encouraging participation in selection of programs*

3080 2RRR

Ryde Regional Radio Cooperative Ltd

Licence condition matters

Broadcasting advertisements and excessive sponsorship announcements

Breach—advertising* No breach—sponsorship time limit*

3088 TCBL

Tribe FM Inc.

Licence condition matter Broadcasting advertisements

Breach—advertising*

3127 2REM

Community Radio Albury Wodonga Cooperative Society Ltd

Code matters Offensive language, complaints-handling

Breach—community standards Breach—complaints-handling

3130 3REG

Radio East Gippsland Inc.

Code matters Failure to consider community standards in programming decisions; demeaning towards women; complaints-handling

Breach—complaints-handling No breach—community standards No breach—demean on grounds of gender

3163 6SEN

Capital Community Radio Inc.

Licence condition and codes matters

Not representing the community interest; not encouraging participation; policies not freely available; complaints-handling

Breach—encouraging participation in operations* Breach—availability of policy documents Breach—complaints-handling No breach—representing the community interest* No breach—encouraging participation in selection of programs*

ACMA Annual report 2013-14 | 201

3166 TCBL

Bundaberg Burnett Community Broadcasting Association Inc.

Licence condition matter Not encouraging community

participation in the operations of the service

Breach—encouraging participation in operations*

No breach findings: 7

3030 2MWM

Manly-Warringah Media Cooperative Ltd

Licence condition matters

Not representing the community interest, not encouraging participation

No breach—representing the community interest* No breach—encouraging participation in operations* No breach—encouraging participation in selection of programs*

3058 2OOO

Multicultural Community Radio Association Ltd

Licence condition and code matters

Vilification of homosexuals; complaints-handling. Exceeding sponsorship time limit

No breach—vilification on the basis of sexuality No breach—complaints-handling No breach—sponsorship time limit*

3070 4AAA

Brisbane Indigenous Media Association Inc.

Code matter Racial vilification No breach—vilification on the basis of race

3081 3CR

Community Radio Melbourne Pty Ltd

Licence condition matter Broadcasting advertisements

No breach—advertising*

3113 4SFM

Sunshine FM Radio Association Inc.

Licence condition matters

Broadcasting advertisements, exceeding sponsorship time limit

No breach—advertising* No breach—sponsorship time limit*

3117 6RTR

Arts Radio Ltd Code matters Failure to consider community

standards in programming decisions; complaints-handling

No breach—community standards No breach—complaints-handling

3159 2WKT

Highland Media Co-operative Ltd

Licence condition matter Use of service in commission of

an offence

No breach—use broadcasting service in commission of offence*

*Investigation against a licence condition, standard or provision of the BSA.

Open narrowcast radio

No breach findings: 2

Investigation number Station Program or

issue

Substance of complaint Outcome

3140 Vintage FM

W&A Willmington Pty Ltd NSW

Category of service

Not providing a narrowcasting service

No breach—category of service*

3144 Radio 2ME

Asia Pacific Property Development Pty Ltd NSW

Advertisement for Laytani Arguileh Lounge

Broadcast of a tobacco advertisement

No breach—tobacco advertisement*

*Investigation against a licence condition, standard or provision of the BSA.

202 | Appendixes

Appendix 7: Freedom of information— Information Publication Scheme

Agencies subject to the Freedom of Information Act 1982 (FOI Act) are required to publish information to the public as part of the Information Publication Scheme (IPS). This requirement is in Part II of the FOI Act and has replaced the former requirement to publish a statement in an annual report. Each agency must display on its website a plan showing what information it publishes in accordance with the IPS requirements. The ACMA is an agency subject to the FOI Act.

In accordance with Part II of the FOI Act, the ACMA has developed an agency plan that outlines how it proposes to comply with PartII of the FOI Act. The agency plan has been published on the ACMA website (as required in paragraph 8(2)(a) of the FOI Act) at acma.gov.au/theACMA/About/Corporate/ Accountability/acma-freedom-of-information-act-publication-plan.

The agency plan provides a description of, and links to, the categories of information that the ACMA is required to publish, as well as information on other material that the ACMA voluntarily publishes. Further information can be obtained using the contact details provided in the agency plan.

ACMA Annual report 2013-14 | 203

Appendix 8: Legislation

The ACMA performed its principal roles, responsibilities and obligations under the following legislation administered by the Department of Communications and the Attorney-General’s Department:1

Table 56: Legislation relevant to the ACMA

Acts Act number Date of assent Date of commencement

Australian Broadcasting Corporation Act 1983 6 of 1983 1 June 1983 PartI (ss.1-4), ss.7, 9-24, 34, 69 and 83:

Royal Assent Remainder: 1July 1983 (see Gazette 1983, No. S124)

Australian Communications and Media Authority Act 2005

44 of 2005 1 April 2005 Ss. 3-68: 1July 2005

Remainder: Royal Assent

Broadcasting Services Act 1992 110 of 1992 14 July 1992 Ss. 4, 5, 7-92 and 117-218: 5October 1992 (see Gazette 1992, No. GN38)

Remainder: Royal Assent

Competition and Consumer Act 2010, PartsIB and XIC

51 of 1974 24 August 1974 Ss. 1 and 2: Royal Assent S. 55: 27 September 1975 (see Gazette 1975, No. S178) Remainder: 1 October 1974 (see Gazette 1974, No. 75B)

Datacasting Charge (Imposition) Act 1998 98 of 1998 27 July 1998 27 July 2008

Datacasting Transmitter Licence Fees Act 2006 154 of 2006 8 December 2006 1 January 2007

Do Not Call Register Act 2006 88 of 2006 30 June 2006 Parts 2, 4-5, ss. 39-40 and 42-45, Schedules 1-3: 31May 2007 (see F2007L01114)

Remainder: Royal Assent

Interactive Gambling Act 2001 84 of 2001 11 July 2001 Ss. 15, 15A, 61AA-61FE: 8August 2001 Ss. 16-31, 42, 43, 48, 49, 54-59: 12 January

2002 Remainder: Royal Assent

National Broadband Network Companies Act 2011

22 of 2011 12 April 2011 S.98A: 22 March 2011

Ss. 3-98, 99-101, Schedules 1 and 2: 13April 2011 Remainder: Royal Assent

NRS Levy Imposition Act 1998 3 of 1998 26 March 1998 26 March 1998

Radiocommunications Act 1992 174 of 1992 11 December 1992 1 July 1993

Radiocommunications (Receiver Licence Tax) Act 1983

132 of 1983 22 December 1983 20 August 1985 (see Gazette 1985, No.S322)

1 The administration of Acts is determined by the Administrative Arrangements Order; see www.comlaw.gov.au, C2014Q00003.

204 | Appendixes

Radiocommunications (Spectrum Licence Tax) Act 1997

144 of 1997 9 October 1997 9 October 1997

Radiocommunications Taxes Collection Act 1983 133 of 1983 22 December 1983 20 August 1985 (see Gazette 1985, No.S322)

Radiocommunications (Transmitter Licence Tax) Act 1983

137 of 1983 22 December 1983 20 August 1985 (see Gazette 1985, S322)

Radio Licence Fees Act 1964 119 of 1964 24 November 1964 24 November 1964

Spam Act 2003 129 of 2003 12 December 2003 Ss.1-14, 42, 47 and Schedule 2: 12 December 2003; Parts 2-6, s.41, 43-46, Schedules 1 and 3: 10 April 2004 Remainder: Royal Assent

Special Broadcasting Service Act 1991 180 of 1991 25 November 1991 S. 54: 24 Mar 1994 (see Gazette 1994, No.GN10)

Remainder: 23 Dec 1991

Telecommunications Act 1997 47 of 1997 22 April 1997 Ss. 41-51, 56-85, 98-495, 507-576, 579-588, 590-593 and Schedules 1-4:

1July 1997 Ss. 52-55: 5June 1997 Remainder: Royal Assent

Telecommunications (Carrier Licence Charges) Act 1997

49 of 1997 22 April 1997 22 April 1997

Telecommunications (Consumer Protection and Service Standards) Act 1999

50 of 1999 5 July 1999 Part3: 1July 1999

Remainder: 2 August 1999

Telecommunications (Industry Levy) Act 2012 45 of 2012 16 April 2012 Ss. 3-8: 1 July 2012

Remainder: Royal Assent

Telecommunications (Interception and Access) Act 1979

114 of 1979 25 October 1979 1June 1980 (see Gazette 1980, No.G21, p.2)

Telecommunications (Numbering Charges) Act 1997

51 of 1997 22 April 1997 Parts 1 and 4: Royal Assent

Parts 2 and 3: 1 July 1997

Telecommunications (Universal Service Levy) Act 1997

53 of 1997 24 April 1997 1 July 1997

Telecommunications Universal Service Management Agency Act 2012

43 of 2012 16 April 2012 Ss. 3-125: 1 July 2012

Remainder: Royal Assent

Television Licence Fees Act 1964 118 of 1964 24 November 1964 24 November 1964

Telstra Corporation Act 1991 79 of 1991 26 June 1991 Part1 (ss. 1-7): Royal Assent

Remainder: 1 February 1992 (see Gazette 1992, No. S32)

Telstra (Transition to Full Private Ownership) Act 2005

118 of 2005 23 September 2005 Schedule 1 items 45-51 and 53-65: 24 November 2006 (F2006L03997); Schedule 1 Item 52: The third anniversary of the designated day declared under s.3. Schedule 1 Part 3: The 85% sale day declared under section4. Remainder: Royal Assent

ACMA Annual report 2013-14 | 205

Appendix 9: Directions and legislative instruments

Section 57 of the Australian Communications and Media Authority Act 2005 (the ACMA Act) requires copies of certain directions and instruments to be included in the ACMA’s annual report, including directions given to the ACMA under section 14 of the ACMA Act, and directions given by the ACMA to a carrier or carriage service provider under section 581 of the Telecommunications Act 1997 during the financial year.

Between 1 July 2013 and 30 June 2014, the ACMA was given the following two directions under section 14 of the ACMA Act:

Table 57: Directions given to the ACMA, 2013-14

Direction Date of registration Link to the direction

Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2013

2 July 2013 comlaw.gov.au/Details/F2013L01300

Australian Communications and Media Authority (Spectrum Allocation—Post-Auction Review) Direction No. 1 of 2013

29 July 2013 comlaw.gov.au/Details/F2013L01452

Additionally, section 67 of the ACMA Act requires the ACMA to maintain a register of all directions given to it under that Act or any other Act. The ACMA maintains this register by electronic means on its website (acma.gov.au/theACMA/ministerial-directions).

The ACMA did not give any directions during the financial year under section 581 of the Telecommunications Act.

206 | Appendixes

Table 58: ACMA legislative instruments registered in 2013-14

Title Act Section Date of instrument:

Date of registration: FRLI number:

Telecommunications (International Mobile Roaming) Industry Standard 2013

Telecommunications Act 1997 Subsection 125AA(1) 27/06/2013 02/07/2013

F2013L01301

Radiocommunications (Spectrum Access Charges—2.5 GHz Mid-band Gap) Determination 2013

Radiocommunications Act 1992 Subsection 294(1) 06/08/2013 19/08/2013

F2013L01591

Telecommunications (Annual Charge) Amendment Determination 2013 (No.1)

Telecommunications (Numbering Charges) Act 1997

Subsection 22(2) 26/08/2013 04/09/2013 F2013L01665

Telecommunications Numbering Plan Variation 2013 (No.1) Telecommunications Act 1997

Section 455 26/08/2013

04/09/2013 F2013L01666

Radiocommunications (Short Range Devices) Amendment Standard 2013 (No.2)

Radiocommunications Act 1992 Subsection 162(1) 10/09/2013 16/09/2013

F2013L01694

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No.2)

Radiocommunications Act 1992 Section 182 10/09/2013

16/09/2013 F2013L01696

Telecommunications Service Provider (Premium Services) Revocation Determination 2013

Telecommunications Act 1997 Section 99 02/10/2013

09/10/2013 F2013L01783

Telecommunications Technical Standard (Requirements for Connection to an Air Interface of a Telecommunications Network—Part1: General—AS/CA S042.1:2010) Amendment 2013 (No.1)

Telecommunications Act 1997 Subsection 376(1) 23/10/2013 29/10/2013

F2013L01843

Telecommunications (Service Provider—Identity Checks for Prepaid Mobile Carriage Services) Determination 2013

Telecommunications Act 1997 Subsection 99(1) 23/10/2013 29/10/2013

F2013L01844

Telecommunications (Types of Cabling Work) Declaration 2013 Telecommunications Act 1997

Subsection 419(1) 23/10/2013 29/10/2013 F2013L01845

Television Licence Area Plan (Sydney) Variation 2013 Broadcasting Services Act 1992

Subsection 26(2) 01/11/2013 07/11/2013 F2013L01903

Television Licence Area Plan (Melbourne) Variation 2013 Broadcasting Services Act 1992

Subsection 26(2) 01/11/2013 07/11/2013 F2013L01904

Television Licence Area Plan (Brisbane) Variation 2013 Broadcasting Services Act 1992

Subsection 26(2) 01/11/2013 07/11/2013 F2013L01905

Telecommunications Technical Standard (Information Technology Equipment—Safety, Part1: General Requirements— AS/NZS60950.1:2011) Amendment 2013 (No.1)

Telecommunications Act 1997 Subsection 376(1) 01/11/2013 13/11/2013

F2013L01927

Radiocommunications (Spectrum Access Charges—2.3 GHz Band) Determination 2013

Radiocommunications Act 1992 Subsection 294(1) 21/11/2013 27/11/2013

F2013L01994

Radiocommunications (Spectrum Access Charges—1800MHz Band) Determination 2013 (No.2).

Radiocommunications Act 1992 Subsection 294(1) 21/11/2013 27/11/2013

F2013L01995

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.3)

Broadcasting Services Act 1992 Clause 41G of Schedule 4

25/11/2013 28/11/2013 F2013L01999

ACMA Annual report 2013-14 | 207

Radiocommunications (Spectrum Access Charges—1800MHz Band) Determination 2013 (No.1)

Radiocommunications Act 1992 Subsection 294(1) 21/11/2013 28/11/2013

F2013L02006

Radiocommunications (26.5- 31.3GHz Band) Reform Instrument 2013

Radiocommunications Act 1992 and Acts Interpretation Act 1901

Sections 39, 39A, 145 and 262 and paragraph 107(1)(f) of Radiocommunications Act 1992; and subsection 33(3) of Acts Interpretation Act 1901

10/12/2013 13/12/2013 F2013L02100

Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters—2.3 GHz Band) 2013

Radiocommunications Act 1992 Section 262 12/12/2013

18/12/2013 F2013L02143

Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers—2.3GHz Band) 2013

Radiocommunications Act 1992 Section 262 12/12/2013

18/12/2013 F2013L02150

Radiocommunications (Unacceptable Levels of Interference—2.3 GHz Band) Determination 2013

Radiocommunications Act 1992 Subsection 145(4) 12/12/2013 19/12/2013

F2013L02155

Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013

Radiocommunications Act 1992 Section 88 10/12/2013

06/01/2014 F2014L00034

Radiocommunications (Receiver Licence Tax) Amendment Determination 2013

Radiocommunications (Receiver Licence Tax) Act 1983

Subsection 7(1) 20/12/2013

06/01/2014 F2014L00036

Radiocommunications (Transmitter Licence Tax) Amendment Determination 2013

Radiocommunications (Transmitter Licence Tax) Act 1983

Subsection 7(1) 20/12/2013

06/01/2014 F2014L00038

Radiocommunications Licence Conditions (PTS Licence) Determination 2013

Radiocommunications Act 1992 Paragraph 107(1)(f) 20/12/2013 08/01/2014

F2014L00045

Variation to Licence Area Plan— Sydney Radio—No.1 of 2013 Broadcasting Services Act 1992

Subsection 26(2) 20/12/2013 14/01/2014 F2014L00057

Variation to Licence Area Plan— Lismore Radio—No.1 of 2014 Broadcasting Services Act 1992

Subsection 26(2) 16/01/2014 24/01/2014 F2014L00083

Variation to Licence Area Plan— Darwin Radio—No.1 of 2014 Broadcasting Services Act 1992

Subsection 26(2) 20/01/2014 24/01/2014 F2014L00087

Variation to Licence Area Plan— Gosford Radio—No.1 of 2014 Broadcasting Services Act 1992

Subsection 26(2) 16/01/2014 26/01/2014 F2014L00088

Radiocommunications (Spectrum Access Charges—1800 MHz Band) Determination 2014

Radiocommunications Act 1992 Subsection 294(1) 11/02/2014 25/02/2014

F2014L00182

Australian Communications and Media Authority Omnibus Revocation Instrument 2014

Radiocommunications Act 1992, Telecommunications Act 1997, Telecommunications (Consumer Protection and Service Standards Act 1999 and Telecommunications (Numbering Charges) Act 1997

Various 14/03/2014

19/03/2014 F2014L00297

Telecommunications (Carrier Licence Charges) Revocation Determination 2014

Telecommunications (Carrier Licence Charges) Act 1997

Subsection 14(1) and paragraphs 15(1)(a), 15(1)(c) and 15(1)(ca)

14/03/2014 19/03/2014 F2014L00301

208 | Appendixes

Radiocommunications (Allocation of Transmitter Licences—High Power Open Narrowcasting Licences) Determination 2014

Radiocommunications Act 1992 Subsection 106(1) 11/04/2014 17/04/2014

F2014L00426

Telecommunications (Non-refundable Code Development Costs) Determination Variation 2014 (No.1)

Telecommunications Act 1997 Subsection 136E(1) 14/05/2014 20/05/2014

F2014L00569

Telecommunications (Approved Auditors and Auditing Requirements) Determination Variation 2014 (No.1)

Telecommunications Act 1997 Subsection 136C(5) 14/05/2014 20/05/2014

F2013L00570

Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No.1)

Radiocommunications (Transmitter Licence Tax Act) 1983

Subsection 7(1) 13/06/2014

20/06/2014 F2014L00769

Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Device at Lithgow Correctional Centre) Exemption Amendment Determination 2014 (No.1)

Radiocommunications Act 1992 Subsection 27(2) 13/06/2014 20/06/2014

F2014L00771

ACMA Annual report 2013-14 | 209

Appendix 10: Disclosures of information

Table 59: Disclosures made under Part 13 of the Telecommunications Act 1997— bycarriers and carriage service providers

Reason for disclosure (Sub)section Number of

disclosures 2013-14

Under the Telecommunications Act 1997

Authorised by or under law 280 11,526

Made as a witness under summons 281 553

To assist the ACMA 284(1) 896

To assist the ACCC 284(2) 12

To assist the TIO 284(3) 10,785

To assist TUSMA 284(4) 0

Calls to emergency service number 286 8,422

To avert a threat to a person’s life or health 287 12,453

Communications for maritime purposes 288 0

With the knowledge or consent of the person concerned 289 120,357

In circumstances prescribed in the Telecommunications Regulations 2001 292 2

Connected with an exempt disclosure 293 273

Under the Telecommunications (Interception and Access Act) 1979

Voluntary disclosure 177 73

Authorisations for access to existing information or documents— enforcementof the criminal law 178 563,012

Authorisations for access to existing information or documents— locatingmissing persons 178A 3,170

Authorisations for access to existing information or documents—enforcement of a law imposing pecuniary penalty or protection of the public revenue 179 9,162

Authorisations for access to prospective information or documents 180 7,346

Enforcement of the criminal law of a foreign country (existing information) 180A 17

Enforcement of the criminal law of a foreign country (prospective information) 180B 20

Total 748,079

Source: Carriers.

Table 60: Disclosures made under Part 13 of the Telecommunications Act 1997— byemergency management persons (EMP) for telephone-based emergency warningsystems

Reason for disclosure (Sub)section of Act Number of disclosures

Likely emergency 295V(1) 0

Actual emergency 295V(2) 23,905

210 | Appendixes

Appendix 11: Judicial and administrative decisions

Judicial decisions, decisions of administrative tribunals and decisions by the Australian Information Commissioner made in the 2013- 14 financial year that have had, or may have, a significant impact on the operations of the ACMA are summarised below.

Channel Seven Adelaide Pty Ltd v Australian Communications and Media Authority [2013] FCA 812; Channel Seven Adelaide Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 32

The ACMA received a complaint from a member of the public that the licensee of Channel Seven Adelaide Pty Ltd had broadcast a tobacco advertisement during its news program on 18 July 2010. The complaint related to a news segment entitled ‘Cheap Cigarette Imports’, which dealt with the importation and sale by Coles supermarkets of budget brands of cigarettes. Clause 7(1)(a) of Schedule 2 to the Broadcasting Services Act 1992 states that it is a condition of a commercial television broadcasting licence that the licensee will not broadcast a tobacco advertisement, within the meaning of the Tobacco Advertising Prohibition Act 1992 (TAP Act), in contravention of that Act. On 25 March 2012, a delegate of the ACMA decided that the broadcast of the relevant news segment breached that licence condition.

Outcome: The licensee commenced proceedings for judicial review of that decision, alleging multiple legal errors, but was not successful at first instance. The licensee appealed from that judgement, and a Full Court of the Federal Court upheld one ground of appeal, finding that the ACMA had applied an incorrect test of intention for a contravention of section 13 of the TAP Act (which makes it an offence to broadcast a tobacco advertisement in Australia). The majority judges in the Full Court held that the test of intention for a contravention of section 13 of the TAP

Act requires that the person broadcasting must be proved not only to intend to broadcast material that falls within the statutory definition of tobacco advertisement, but also to intend to promote, or give publicity to, smoking or the purchase or use of tobacco products.

Significance: The Full Court judgements have clarified the test of intention for a contravention of section 13 of the TAP Act.

Australian Communications and Media Authority v TPG Internet Pty Ltd [2014] FCA 382

On 7 November 2012, the ACMA commenced proceedings in the Federal Court against TPG Internet Pty Ltd (TPG) seeking declarations and the imposition of pecuniary penalties for alleged contraventions of sections 13 and 19 of the Telecommunications (Emergency Call Service) Determination 2009 (the ECS Determination) and subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the TCPSSAct).

The ACMA alleged that, during the period of 15 March 2011 to 21 September 2011 (the relevant period), TPG failed to ensure that its controlled networks and/or controlled facilities gave the end users of 5,979 standard telephone services supplied by TPG access to the Triple Zero emergency call service, in contravention of section 19 of the ECS Determination and subsection 148(1) of the TCPSS Act. The ACMA also alleged that, during the relevant period, on 193 occasions TPG failed to connect calls to the Triple Zero emergency call service made by end users of 100 of those standard telephone services, in contravention of section 13 of the ECS Determination and subsection 148(1) of the TCPSS Act.

ACMA Annual report 2013-14 | 211

Outcome: On 16 April 2014, His Honour Justice Bromberg made declarations that:

> on 193 occasions during the relevant period, TPG failed to give end users access to the Triple Zero emergency call service in contravention of section 13 of the ECS Determination and subsection 148(1) of the TCPSS Act

> during the relevant period, TPG failed to ensure that its controlled networks and/or controlled facilities gave the end users of 5,979 standard telephone services access to emergency call services in contravention of section 19 of the ECS Determination and subsection 148(1) of the TCPSS Act.

His Honour ordered that TPG pay a penalty of $200,000 for the contraventions of section13 of the ECS Determination and subsection148(1) of the TCPSS Act, and $200,000 for the contraventions of section 19 of the ECS Determination and subsection148(1) of the TCPSS Act. On 28April 2014, His Honour ordered, by consent, that TPG pay the ACMA’s costs as agreed or assessed.

Significance: This is the first time that the ACMA has instituted proceedings for contraventions of the ECS Determination. The decision is a reminder for all carriage service providers that the obligation to give end users of standard telephone services access to the Triple Zero emergency call service is of critical importance.

Today FM (Sydney) Pty Ltd vAustralian Communications and Media Authority [2013] FCA 1157 and Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22

In December2012, the ACMA commenced an investigation into the broadcast by TodayFM (Sydney) Pty Ltd (Today FM) of a ‘prank’ telephone call between presenters of Today FM’s Summer 30 program and nurses at King EdwardVII Hospital in London. Among the matters at issue was whether, in broadcasting that telephone call, Today FM breached a condition of its licence which provides that a licensee must not use its broadcasting service in the commission of an offence (paragraph8(1)(g) of Schedule2 to the Broadcasting Services Act1992 (the BSA)).

In response to the ACMA’s preliminary findings, Today FM applied to the Federal Court for orders restraining the ACMA from continuing the investigation and making a finding that Today FM breached the licence condition at

paragraph8(1)(g) of Schedule2 to the BSA. Today FM contended that the ACMA is not authorised to make such a finding until a competent court adjudicates that TodayFM has used its broadcasting service in the commission of an offence and that to make such a finding (prior to a competent court finding that Today FM committed an offence) would amount to an exercise of power inconsistent with the separation of executive and judicial power mandated by chaptersII and III of the Commonwealth Constitution. Further, Today FM contended that the findings proposed by the ACMA would interfere with the administration of justice in a potential criminal proceeding in relation to the incident.

Outcome: On 7November2013, His Honour Justice Edmonds handed down his decision dismissing Today FM’s application and ordering that Today FM pay the ACMA’s costs. His Honour considered that:

> Today FM’s interpretation of the licence condition at paragraph8(1)(g) of Schedule2 to the BSA was inconsistent with the regulatory framework established by the BSA

> an investigation into Today FM’s compliance with the licence condition at paragraph8(1)(g) of Schedule2 to the BSA did not amount to an exercise of judicial power and was therefore consistent with the separation of executive and judicial power mandated by the Constitution

> in the absence of criminal proceedings having been commenced against TodayFM, it could not be said that, in proceeding to finalise an investigation into Today FM’s compliance with the licence condition at paragraph 8(1)(g) of Schedule2 to the BSA, the ACMA was interfering with the administration of justice.

Today FM appealed to the Full Federal Court from the whole of His Honour’s judgment. On 14 March 2014, the Full Court found in favour of Today FM, allowing the appeal, setting aside the orders made by the Federal Court on 7November 2013, and ordering the ACMA to pay Today FM’s costs. The Full Court decided the matter on the construction of paragraph8(1)(g) ruling that:

> paragraph 8(1)(g) of Schedule 2 to the BSA does not expressly provide that the ACMA is to form an opinion as to whether an offence has been committed and that, on a proper construction of the provision, its operation depended upon prior findings being made by a criminal court

212 | Appendixes

> only after a criminal court makes a finding that an offence has been committed is it open to the ACMA to investigate whether the licensee used its broadcasting service in the commission of that offence

> if the ACMA were able to make a finding, for the purposes of paragraph 8(1)(g), that an offence had been committed, it would derogate from the legal principle that the determination of whether or not a person has committed an offence is vested in courts exercising criminal jurisdiction and not persons or bodies exercising executive power.

The Full Court considered it unnecessary to determine the constitutional issue but did, however, rule that the trial judge was correct in finding that the ACMA’s action did not, in the circumstances, interfere with the administration of justice. On 11 April 2014, the ACMA filed an application for special leave to appeal from the decision of the Full Court to the High Court.

Significance: During the reporting period, the ACMA’s application for leave to appeal had not yet been considered by the High Court.

ACMA Annual report 2013-14 | 213

Appendix 12: Consultancies, advertising expenditure and competitive tendering

The ACMA engages consultants to provide specialised services when the capability or capacity to perform these in-house is not available, or where there is a requirement for independent advice.

The policy for selecting and engaging consultants is in accordance with the Commonwealth Procurement Rules and is based on the core principle of achieving value for money. The majority of consultants were engaged following an open approach to market and use of panel arrangements. The main categories for consultancies in 2013-14 were legal advice, research andaudit.

During 2013-14, 31 new consultancy contracts were entered into, incurring expenditure of $1,132,183. In addition, 17 ongoing consultancy contracts were active during 2013-14, incurring expenditure of $666,671.

Information on expenditure on contracts and consultancies is also available on the AusTender website at tenders.gov.au.

Table 61: Expenditure on consultancy contracts, 2011-12 to 2013-14

Year New consultancies Continued consultancies

2011-12 $1,831,169 $70,262

2012-13 $2,820,709 $516,799

2013-14 $1,132,183 $666,671

Table 62: Expenditure on media advertising organisations, 2013-14

Organisation name Purpose Amount of payment

Google General advertising $19,343

Adcorp Australia Ltd Public notices, and general and

recruitmentadvertising

$45,444

Universal McCann General advertising $37,791

Total $102,578

214 | Appendixes

Table 63: Expenditure on market research organisations, 2013-14

Organisation name Purpose Amount of

payment

Newspoll Market Research ACMA stakeholders survey $10,120

Newspoll Market Research Research into attitudes and behaviours towards local content in regional areas $32,648

Newspoll Market Research Annual consumer survey 2013-14 $124,410

Newspoll Market Research Research services—Children’s Television Standards $49,446

Newspoll Market Research RTC tracking consumer outcomes—quantitative and qualitative research $37,246

GfK Australia Pty Ltd Qualitative research into SMEs and the digital economy $102,080

GfK Blue Moon Research and Planning Pty Ltd Attitudinal research for Contemporary community safeguards inquiry

$44,990

Roy Morgan Research Consumer research survey for calls from mobiles to 13/1300 numbers $71,500

Woolcott Research Pty Ltd Qualitative research to pre-test new Cybersmart kids educational film resource $21,912

GfK Blue Moon Research and Planning Pty Ltd Digital citizenship principles testing research $26,638

Roy Morgan Research Annual consumer survey $31,871

Total $552,861

Advertising During the reporting period, the ACMA placed advertising for a range of purposes, including public notices and recruitment.

Expenditure by the ACMA on advertising in 2013-14 was $0.152 million. The ACMA did not undertake any advertising campaigns during the year.

Competitive tendering No contracts have been let that contract out delivery of government activities previously performed by a Commonwealth agency.

Access by Auditor-General No contracts have been let that prevent access by the Auditor-General.

Exemptions from reporting of Commonwealth contracts No exemptions have been sought or granted for the non-reporting of Commonwealth contracts on AusTender.

ACMA Annual report 2013-14 | 215

Appendix 13: Outcome table

Outcome 1: A communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice

Budget1 Actual Variance

(1) (2) (2) minus (1)

$’000 $’000 $’000

Program 1.1: Communications regulation, planning and licensing

Departmental items:

Departmental appropriations 43,259 43,422 163

Revenues from independent sources 423 1,338 915

Subtotal for Program 1.1 43,682 44,759 1,077

Program 1.2: Consumer safeguards, education and information

Departmental items

Departmental appropriations 48,782 48,965 183

Revenues from independent sources 477 1,508 1,031

Special appropriations

Special Appropriation Act—Telecommunications consumer codes 300 0 (300)

Subtotal for Program 1.2 49,559 50,474 915

Total for Outcome 1

Departmental 92,941 95,233 2,292

Average staffing level 512 488

Notes 1 2013-14 Budget figures The 2013-14 Budget is the full-year revised budget at 2014-15 Portfolio Budget Statement.

216 | Appendixes

Actual available appropriations for 2013-14

Payments made 2013-14

Balance remaining

$’000 $’000 $’000

(a) (b) (a-b)

Ordinary annual services

Departmental appropriation

Prior year departmental appropriation 20,904 20,904 0

Departmental appropriation 92,387 81,169 11,218

Departmental appropriation (DCB) 13,120 12,757 363

Repayments to the Commonwealth (FMA Act s. 30A) 4,423 4,423 0

S. 31 relevant agency receipts 3,354 2,182 1,172

Total 134,188 121,435 12,753

Administered items

Outcome 4,000 2,335 1,665

Appropriation lapsing 1,665 (1,665)

Total 4,000 4,000 0

Total ordinary annual services 138,188 125,435 12,753

Departmental non-operating

Equity injections 5,841 1,630 4,211

Total 5,841 1,630 4,211

Special appropriations

Special appropriations limited by amount

Telecommunication Act 1997—s. 136C(4) reimbursement of costs of developing consumer-industry code 300 0 300

Appropriation lapsing 300 (300)

Appendix 14: Agency resource statement

ACMA Annual report 2013-14 | 217

Total special appropriations 300 300 0

Special accounts

Opening balance 19 0

Non-appropriations receipts to special accounts 0 0

Repayments to the Commonwealth (FMA Act s. 30A) 0 0

Payments made 19 0

Total 19 19 0

Total resourcing and payments 144,348 127,384 16,964

218 | Appendixes

Appendix 15: Performance against PBS KPIsanddeliverables

This table sets out the key performance indicators and deliverables from ACMA’s Portfolio Budget Statements 2013-14 and identifies the sections of the report that cover the agency’s actual performance against these indicators and deliverables.

Outcome 1: A communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice.

Program 1.1: Communications regulation, planning and licensing

Program 1.1 Key performance indicators

> An effective regulatory environment that supports a dynamic communications sector and enables industry to meet the communications needs of the community.

> Efficient planning, allocation and use of national resources such as radiofrequency spectrum, communications numbering and infrastructure.

> Industry contributes to, and complies with, the regulatory framework without being subject to undue financial or administrative burden.

> Levels of industry compliance with the regulatory framework as assessed by breaches and recurrent breaches of legislation, codes, standards and licence conditions.

> The cost of the ACMA’s regulatory activities is minimised to the extent possible.

Program 1.1 Deliverables Performance in 2013-14

Government revenue targets met in the collection of annual numbering charges. See pp. 62-4

Price-based allocations of spectrum completed within statutory timeframes. See pp. 48, 50

Annual identification and publication of primary issues facing key radiocommunications services and methods the ACMA proposes to use to manage these issues.

See p. 48

Greater marketplace contestability in frequency assignments. See pp. 53-4

Increased proportion of spectrum licensed through class and spectrum licensing. See pp. 45-9, 52-4

Licensing and numbering transaction applications dealt with within applicable timeframes.

See pp. 50, 59

Online content, Do Not Call Register, spam, broadcasting and telecommunications consumer codes complaints dealt with within applicable timeframes. See pp. 77, 82-5, 89, 92, 96-7

Applications for an opinion on control or temporary approval of a breach of the Broadcasting Services Act 1992 dealt with within applicable timeframes. See p. 38

Manage the realisation of the digital dividend as the transition from analog to digital television takes place. See pp. 43-7

ACMA Annual report 2013-14 | 219

Program 1.2: Consumer safeguards, education and information

Program 1.2 Key performance indicators

> The community has access to sufficient information to enable it to make informed decisions about communications products and services.

> Effective community safeguards are implemented and maintained.

> Research is undertaken, and stakeholders engaged, to maximise the extent to which information, standards and safeguards address the broad concerns of the community.

Program 1.2 Deliverables Performance in 2013-14

Deliver information programs to raise awareness of rights and responsibilities, including safety issues. See pp. 47, 58, 68, 74-5, 85, 87, 96, 98-9,

101, 119, 121-9, 141

Report on industry compliance with statutory consumer safeguards available within required timeframes. See pp. 116-21

Develop cybersafety education programs which are research based and educationally sound. See pp. 121-5

Undertake consultation at regular intervals to receive information and advice on matters affecting consumers of communications services. See p. 120

In co-operation with industry, undertake reviews of communications standards, codes and determinations within appropriate timeframes. See pp. 48, 52, 61, 66-9,121

Raise awareness of Australia’s spam and Do Not Call legislation among consumers, businesses and the telemarketing and e-marketing industries through education programs and publications.

See pp. 83-7, 103-4, 120-1, 127

220 | Appendixes

Appendix 16: Regulatory impact analysis compliance report

The Office of Best Practice Regulation (OBPR) manages and monitors regulatory impact analysis requirements and is required to report annually on regulatory impact compliance by Australian Government departments and agencies.

In 2013-14, the ACMA undertook 83 preliminary assessments for regulations to be made or tabled in the reporting period. Fifty-four of those preliminary assessments related to regulations subject to the sunsetting regime established under the Legislative Instruments Act 2003.

One Regulation Impact Statement was prepared but did not proceed as the proposed regulation was not required.

ACMA Annual report 2013-14 | 221

Appendix 17: Compliance index

Requirements for annual reports Department of the Prime Minister and Cabinet

Part of report Description Page

Letter of transmittal 3

Table of contents 5

Index 300

Glossary 295

Contact officer(s) 2

Internet home page address and internet address for report back cover, 2

Review by Chairman

Review by Chairman and Chief Executive Officer 10

Summary of significant issues and developments 14

Overview of agency’s performance and financial results 10, 14, 33,

61, 142, 225

Outlook for following year throughout

Significant issues and developments—portfolio n/a

Agency overview

Role and functions 27

Organisational structure 28-32

Outcome and program structure 35, 109, 216

Where outcome and program structures differ from PB Statements/PAES or other portfolio statements accompanying any other additional appropriation bills (other portfolio statements), details of variation and reasons for change

n/a

Portfolio structure n/a

Report on performance

Review of performance during the year in relation to programs and contribution to outcomes 34-129

Actual performance in relation to deliverables and KPIs set out in PB Statements/PAES or other portfolio statements 34-129 (summary tables

219-20)

Where performance targets differ from the PBS/PAES, details of both former and new targets, and reasons for the change 34-129 (summary tables

219-20)

Narrative discussion and analysis of performance throughout

Trend information throughout

Significant changes in nature of principal functions/services n/a

Performance of purchaser/provider arrangements n/a

Factors, events or trends influencing departmental performance throughout

Contribution of risk management in achieving objectives 132

Performance against service charter customer service standards, complaints data, and the agency’s response to complaints 137-8

222 | Appendixes

Discussion and analysis of the agency’s financial performance 33, 61, 142,

216-8, 225-94

Discussion of any significant changes in financial results from the prior year, from budget or anticipated to have a significant impact on future operations 142-3

Agency resource statement and summary resource tables by outcomes 216-8

Management and accountability

Corporate governance

Agency heads are required to certify that their agency complies with the ‘Commonwealth Fraud Control Guidelines’ 3, 132

Statement of the main corporate governance practices in place 131-2

Names of the senior executives and their responsibilities 31-2

Senior management committees and their roles 31, 131, 146-9

Corporate and operational plans and associated performance reporting andreview 131-7

Internal audit arrangements including approach adopted to identifying areasof significant financial or operational risk and arrangements to managethose risks

132, 147

Policy and practices on the establishment and maintenance of appropriate ethical standards 134

How nature and amount of remuneration for SES officers is determined 133-4

External scrutiny Significant developments in external scrutiny n/a

Judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner

211-3

Reports by the Auditor-General, a Parliamentary Committee, the Commonwealth Ombudsman or an agency capability review n/a

Management of human resources

Assessment of effectiveness in managing and developing human resources to achieve departmental objectives 133-7

Workforce planning, staff turnover and retention 135-7

Impact and features of enterprise or collective agreements, individual flexibility arrangements (IFAs), determinations, common law contracts and Australian Workplace Agreements (AWAs)

133

Training and development undertaken and its impact 136-7

Work health and safety performance 134-5

Statistics on staffing 133-4, 150-6

Enterprise or collective agreements, IFAs, determinations, common law contracts and AWAs

133

Performance pay 133-4

Assets management

Assessment of effectiveness of assets management 142-3

Purchasing Assessment of purchasing against core policies and principles 142-3

Consultants The annual report must include a summary statement detailing the number of new consultancy services contracts let during the year; the total actual expenditure on all new consultancy contracts let during the year (inclusive of GST); the number of ongoing consultancy contracts that were active in the reporting year; and the total actual expenditure in the reporting year on the ongoing consultancy contracts (inclusive of GST). The annual report must include a statement noting that information on contracts and consultancies is available through the AusTender website.

214-5

Australian National Audit Office Access Clauses

Absence of provisions in contracts allowing access by the Auditor-General 215

Exempt contracts

Contracts exempted from publication in AusTender 215

ACMA Annual report 2013-14 | 223

Financial statements

Financial statements 225-94

Other mandatory information Work health and safety (Schedule 2, Part 4 of the Work Health and Safety Act 2011)

134-5

Advertising and Market Research (section 311A of the Commonwealth Electoral Act 1918) and statement on advertising campaigns 214-5

Ecologically sustainable development and environmental performance (section 516A of the Environment Protection and Biodiversity Conservation Act 1999)

143

Compliance with the agency’s obligations under the Carer Recognition Act2010

n/a

Grant programs 143

Disability reporting—explicit and transparent reference to agency-level information available through other reporting mechanisms 134

Information Publication Scheme statement 203

Correction of material errors in previous annual report 224

Agency resource statements and resources for outcomes 216-8

List of requirements 222-4

Compliance with Australian Communications and Media Authority Act 2005, Part 6, section 57, Annual report

Requirement Page

A copy of each direction given to the ACMA under section 14 during the financial year

206-9

A copy, or extract, of each instrument given to a carrier or to a carriage service provider under section 581 of the Telecommunications Act 1997 during the financial year

No instruments given

A report on the number and types of complaints made under Part 26 of the Telecommunications Act 1997 A report on the investigations conducted as a result of complaints made under Part 26 The results of those investigations

70, 78-85

A report on the operation of Part 6 of the Telecommunications Act 1997 70, 78-86

A report setting out statistical information relating to information or documents disclosed under Division 3 of Part 13 of the Telecommunications Act 1997

210

Compliance with the Financial Management and Accountability Act 1997

Requirement Page

Chief Executive must give annual financial statements to the Auditor-General

225-94

Financial statements must be prepared in accordance with the Finance Minister’s Orders and must give a true and fair view

228

Chief Executive must state whether, in his or her opinion, the financial statements give a true and fair view

228

Correction of material errors in previous annual report After printing the Annual report 2012-13, the ACMA found three incorrect figures in the Highlights section. This was subsequently corrected in a erratum that was inserted into the 2012-13 report.

224 | Appendixes

Appendix 18: Financial statements

ACMA Annual report 2013-14 | 225

226 | Appendixes

ACMA Annual report 2013-14 | 227

228 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

for the period ended 30 June 2014

2014 2013

Notes $'000 $'000

NET COST OF SERVICES EXPENSES Employee benefits 3A 65,263 71,467

Suppliers 3B 28,136 32,388

Depreciation and amortisation 3C 8,635 7,388

Write-down and impairment of assets 3D 485 (7)

Losses from asset sales 3E 8 16

Total expenses 102,527 111,252

Own-source Income

Own-source revenue Sale of goods and rendering of services 4A 271 301

Other revenue 4B 2,493 1,220

Total own-source revenue 2,764 1,521

Gains Other gains 4C 82 84

Total gains 82 84

Total own-source income 2,846 1,605

Net (cost of)/contribution by services (99,681) (109,647)

Revenue from Government 4D 92,387 99,271

Surplus/(Deficit) attributable to the Australian Government (7,294) (10,376)

OTHER COMPREHENSIVE INCOME Changes in asset revaluation surplus 70 371

Total other comprehensive income before income tax 70 371

Income tax expense - other comprehensive income - -

Total other comprehensive income/(loss) 70 371

Total comprehensive income/(loss) attributable to the Australian Government (7,224) (10,005)

STATEMENT OF COMPREHENSIVE INCOME

The above statement should be read in conjunction with the accompanying notes.

ACMA Annual report 2013-14 | 229

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

as at 30 June 2014

2014 2013

Notes $'000 $'000

ASSETS Financial Assets Cash and cash equivalents 6A 3,496 1,034

Trade and other receivables 6B 17,597 21,624

Total financial assets 21,093 22,658

Non-Financial Assets Land and buildings 7A, C 26,823 12,378

Property, plant and equipment 7B, C 3,483 8,365

Intangibles 7D, E 28,170 24,587

Other non-financial assets 7F 2,245 1,537

Total non-financial assets 60,721 46,867

Total Assets 81,814 69,525

LIABILITIES Payables Suppliers 8A 4,659 3,774

Other payables 8B 4,673 4,001

Total payables 9,332 7,775

Provisions Employee provisions 9A 17,610 19,098

Other provisions 9B 2,479 1,998

Total provisions 20,089 21,096

Total Liabilities 29,421 28,871

Net Assets 52,393 40,654

EQUITY Parent Entity Interest Contributed equity 81,346 62,385

Reserves 899 1,964

Retained surplus/(accumulated deficit) (29,852) (23,693)

Total Equity 52,393 40,656

STATEMENT OF FINANCIAL POSITION

The above statement should be read in conjunction with the accompanying notes.

230 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY STATEMENT OF CHANGES IN EQUITY

2014 2013 2014 2013 2014 2013 2014 2013

$’000 $'000 $’000 $’000 $’000 $’000 $’000 $’000

Opening balance Balance carried forward from previous period (23,693) (13,299) 1,964 1,575 62,385 54,219 40,656 42,495

Adjusted opening balance ( 23,693) ( 13,299) 1,964 1,575 62,385 54,219 40,656 42,495

Comprehensive income Revaluation increment/(decrement) on non-financial assets - - 70 371 - - 70 371

Surplus (Deficit) for the period (7,294) (10,376) (7,294) (10,376)

Total comprehensive income (7,294) (10,376) 70 371 - - (7,224) (10,005)

Transactions with owners Contributions by owners Equity injection - Appropriations - - - - 5,841 8,166 5,841 8,166

Departmental capital budget - - - - 13,120 - 13,120 -

Total transactions with owners - - - - 18,961 8,166 18,961 8,166

Transfer of revaluation reserve of derecognised non-financial assets 1,135 (18) (1,135) 18 - - - -

Closing balance as at 30 June (29,852) (23,693) 899 1,964 81,346 62,385 52,393 40,656

Closing balance attributable to the Australian Government (29,852) (23,693) 899 1,964 81,346 62,385 52,393 40,656

The above statement should be read in conjunction with the accompanying notes.

Total equity reserve equity/capital

for the period ended 30 June 2014

Retained earnings Asset revaluation Contributed

ACMA Annual report 2013-14 | 231

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY CASH FLOW STATEMENT for the period ended 30 June 2014

2014 2013

Notes $’000 $’000

OPERATING ACTIVITIES Cash received Sale of goods and rendering of services 351 747

Appropriations 94,230 103,563

Net GST received 4,423 3,990

Other 2,547 1,247

Total cash received 101,551 109,547

Cash used Employees 66,853 71,044

Suppliers 32,236 37,502

Total cash used 99,089 108,546

Net cash from/(used by) operating activities 10 2,462 1,001

Cash used Purchase of property, plant and equipment 14,292 2,866

Purchase of intangibles 7,901 8,767

Total cash used 22,193 11,633

Net cash from/(used by) investing activities (22,193) (11,633)

FINANCING ACTIVITIES Cash received Contributed equity 22,193 10,351

Total cash received 22,193 10,351

Net cash from financing activities 22,193 10,351

Net increase/(decrease) in cash held 2,462 (281)

Cash and cash equivalents at the beginning of the reporting period 1,034 1,315

Cash and cash equivalents at the end of the reporting period 6A 3,496 1,034

The above statement should be read in conjunction with the accompanying notes.

232 | Appendixes

2014 2013

$'000 $'000

7,497 7,287

7,497 7,287

58,501 65,328

23,970 14,837

82,471 80,165

(74,974) (72,878)

1,588 1,799

3,483 5,488

2,426 -

7,497 7,287

6,333 7,368

32,778 25,995

19,390 31,965

58,501 65,328

11,139 12,425

5,534 2,412

7,297 -

23,970 14,837

(74,974) (72,878)

NB: Commitments are GST inclusive where relevant.

Total operating lease commitments

Supplier Commitments

Total supplier commitments Net commitments by maturity

One year or less From one to five years Over five years

One year or less From one to five years Over five years

Total other commitments receivable

Commitments payable Operating leases commitments1

Over five years

Other commitments

Total other commitments Net commitments by type

BY MATURITY

Commitments receivable Other commitments receivable One year or less From one to five years

Suppliers2

SCHEDULE OF COMMITMENTS

BY TYPE Commitments receivable

for the period ended 30 June 2014

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Net GST recoverable on commitments Total commitments receivable

Commitments payable

Operating leases1

ACMA Annual report 2013-14 | 233

SCHEDULE OF COMMITMENTS for the period ended 30 June 2014

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Leases for office accommodation

Accomodation Lease Minimum end

date period

Brisbane November 2015

Canberra August 2023

Melbourne December 2023

Parramatta March 2016

Sydney February 2021

Agreements for the provision of motor vehicles

This schedule should be read in conjunction with the accompanying notes.

2 Suppliers represents the future commitments for goods and services secured by long term purchase orders and generally relates to contractors and outsourced service providers.

No contingent rentals exist. There are no renewal or purchase options available to the ACMA.

1 Operating leases are effectively non-cancellable and comprise:

General description of leasing arrangement Office lease payments are subject to annual increases in accordance with upward movements of the Consumer Price Index or increased by a fixed rate. All office accommodation leases are current. A number of leases allow for extensions, the longest option providing for two five year extensions at the ACMA's discretion. On renewal, each lease allows for a market review to set the new rental base.

234 | Appendixes

SCHEDULE OF CONTINGENCIES as at 30 June 2014

2014 2013

$'000 $'000

Contingent assets Guarantees - -

Indemnities - -

Claims for damages or costs - -

Total contingent assets - -

Contingent liabilities Guarantees - -

Indemnities - -

Deed of Indemnity - -

Total contingent liabilities - -

Net contingent assets - -

The above schedule should be read in conjunction with the accompanying notes.

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

The ACMA has no quantifiable and remote contingencies (2013: Nil)

ACMA Annual report 2013-14 | 235

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Administered Schedule of Comprehensive Income for the period ended 30 June 2014

2014 2013

Notes $’000 $’000

NET COST OF SERVICES

Subsidies 16A - 145,274

Write-down and impairment of assets 16B - 238

- 145,512

INCOME Revenue Taxation revenue Other taxes 17A 388,186 346,374

Total taxation revenue 388,186 346,374

Non-taxation revenue Sale of goods and rendering of services 17B 3,469 4,083

Fees and fines 17C 42,887 42,887

Other revenue 17D 220,819 145,325

Total non-taxation revenue 267,175 192,295

Total Revenue 655,361 538,669

Gains Sale of assets 17E 1,580 1,483,377

Reversal of previous asset write-downs and impairments 17F 42 -

Total gains 1,622 1,483,377

656,983 2,022,046

Net (cost of)/contribution by services 656,983 1,876,534

Surplus/(Deficit) after income tax on continuing operations 656,983 1,876,534

OTHER COMPREHENSIVE INCOME Total comprehensive income/(loss) 656,983 1,876,534

EXPENSES

Total expenses

Total income

The above schedule should be read in conjunction with the accompanying notes.

236 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Administered Schedule of Assets and Liabilities

2014 2013

Notes $’000 $’000

ASSETS Financial assets Cash and cash equivalents 18A 500 156

Taxation receivables 18B 167,084 174,320

Trade and other receivables 18C 38,478 38,994

Other financial assets 18D 453 453

Total financial assets 206,515 213,923

Total assets administered on behalf of Government 206,515 213,923

Payables Prepayments 19A 276,432 60,702

Other payables 19A 1,653 1,742

Total payables 278,085 62,444

278,085 62,444

Net assets/(liabilities) (71,570) 151,479

LIABILITIES

Total liabilities administered on behalf of Government

The above schedule should be read in conjunction with the accompanying notes.

as at 30 June 2014

ACMA Annual report 2013-14 | 237

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Administered Reconciliation Schedule

2014 2013

$’000 $’000

Opening administered assets less administered liabilities as at 1 July 151,479 240,494 Adjusted opening administered assets less administered liabilities 151,479 240,494 Plus: Administered income 656,983 2,022,046

Less: Administered expenses - (145,512)

Administered transfers to/from Australian Government:

Appropriation transfers from OPA: 2,335 204,325

Transfers to OPA (882,367) (2,169,874)

Closing administered assets less administered liabilities as at 30 June (71,570) 151,479

238 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Administered Cash Flow Statement

2014 2013

Notes $’000 $’000

OPERATING ACTIVITIES Cash received Sales of goods and rendering of services 3,542 24,450

Taxes 658,527 427,427

Fees 4,153 2,264

Fines 1,147 559

Net GST received - 5,717

Other 215,633 94,568

Total cash received 883,002 554,985

Cash used Subsidies paid - (64,234)

Other (4,206) (8,799)

Total cash used (4,206) (73,033)

Net cash/from (used by) operating activities 20 878,796 481,952

INVESTING ACTIVITIES Cash received

1,580 1,483,377

Total cash received 1,580 1,483,377

Net cash from/(used by) investing activities 1,580 1,483,377

Net increase/(decrease) in Cash Held 880,376 1,965,329

Cash and cash equivalents at the beginning of the reporting period 156 377

Cash from Official Public Account -Appropriations 2,335 204,325

Cash from Official Public Account 2,335 204,325

Cash to Official Public Account - Appropriations (661,572) (2,169,874)

(220,795) -

(882,367) (2,169,874)

Cash and cash equivalents at the end of the reporting period 500 156

This schedule should be read in conjunction with the accompanying notes.

for the period ended 30 June 2014

Proceeds from sale of of intangibles

- Transfer to other entities (Finance - Whole of Government)

ACMA Annual report 2013-14 | 239

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Schedule of Administered Commitments

2014 2013

$’000 $’000

BY TYPE Commitments receivable Other Commitment 1,988,594 2,023,983

Total commitments receivable 1,988,594 2,023,983

Net commitments by type 1,988,594 2,023,983

BY MATURITY Other commitments receivable One year or less 1,988,594 59,330

From one to five years 1,964,653

Total other commitment receivable 1,988,594 2,023,983

Total commitments receivable 1,988,594 2,023,983

Net commitments by maturity 1,988,594 2,023,983

for the period ended 30 June 2014

The above schedule should be read in conjunction with the accompanying notes.

On 23 April 2013, The Australian Communication and Media Authority (ACMA) commenced the digital dividend spectrum auction. The auction was held to reallocate radiofrequency spectrum in the 700 MHz band (the 'digital dividend') and the 2.5 GHz band. The auction concluded on the 7th of May 2013 which resulted a total spectrum sales of $1.965b. The ACMA has now invoiced successful bidders and can expect to receive payment in September 2014.

The ACMA is expecting to receive $23.941m next financial year for the reissue of expiring 15 year spectrum licences.

240 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Schedule of Administered Contingencies as at 30 June 2014

2014 2013

$’000 $’000

Administered contingent assets Guarantees - -

Indemnities - -

Claims for damages or costs - -

Total administered contingent assets - -

Administered contingent liabilities Guarantees - -

Indemnities - -

Claims for damages or costs - -

Total administered contingent liabilities - -

Net administered contingent assets (liabilities) - -

The above schedule should be read in conjunction with the accompanying notes.

The ACMA has no administered contingencies as at 30 June 2014 and had no administered contingencies as at 30 June 2013

ACMA Annual report 2013-14 | 241

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Table of Contents- Notes

Note 1: Summary of Significant Accounting Policies Note 2: Events After the Reporting Period Note 3: Expenses Note 4: Own-Source Income Note 5: Fair Value Measurements Note 6: Financial Assets Note 7: Non-Financial Assets Note 8: Payables Note 9: Provisions Note 10: Cash Flow Reconciliation Note 11: Contingent Assets and Liabilities Note 12: Senior Executive and Member's Remuneration Note 13: Remuneration of Auditors Note 14: Financial Instruments Note 15: Financial Assets Reconcilliation Note 16: Administered - Expenses Note 17: Administered - Income Note 18: Administered - Financial Assets Note 19: Administered - Payables Note 20: Administered - Cash Flow Reconciliation Note 21: Administered - Contingent Assets and Liabilities Note 22: Administered - Financial Instruments Note 23: Administered - Financial Assets Reconciliation Note 24: Appropriations Note 25: Special Accounts Note 26: Compensation and Debt Relief Note 26: Reporting of Outcome Note 27: Competitive Neutrality and Cost Recovery Note 28: Net Cash Appropriation Arrangements

242 | Appendixes

Note 1: Summary of Significant Accounting Policies

●

●

● ● ●

●

● ●

1.1 Objectives of The Australian Communications and Media Authority

Program 1.2: Consumer safeguards, education and information

The continued existence of the ACMA in its present form and with its present programs is dependent on Government policy and on continuing appropriations by Parliament for the ACMA’s administration and programs.

The ACMA's activities contributing toward these outcomes are classified as either departmental or administered.

Departmental activities involve the use of assets, liabilities, income and expenses controlled or incurred by the ACMA in its own right.

Administered activities involve the management or oversight by the ACMA, on behalf of the Government, of items controlled or incurred by the Government.

representing Australia's communication interests internationally.

The ACMA administers the following activities on behalf of the Government:

b) Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period.

promoting and facilitating industry self-regulation, exercising its powers when necessary, and reporting on matters of importance to the communication industry,

managing Australia's "Do Not Call Register"; and

1.2 Basis of Preparation of the Financial Statements

The financial statements are general purpose financial statements and are required by section 49 of the Financial Management and Accountability Act 1997 .

The Financial Statements have been prepared in accordance with:

The Australian Communications and Media Authority (ACMA) is an Australian Government controlled entity. It is a not-for-profit entity. The objective of the ACMA is to enable a communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice.

The entity is structured to meet the following outcomes and programs:

Outcome 1 : A communications and media environment that balances the needs of the industry and the Australian community through regulation, education and advice

Program 1.1: Communciations regulation, planning and licensing

regulation of the telecommunications and radiofrequency services; managing access to the radiofrequency spectrum bands through radiocommunications licence arrangements; regulating compliance with the relevant legislation, licence conditions, codes of conduct and other service standards;

a) Finance Minister’s Orders (or FMOs) for reporting periods ending on or after 1 July 2011; and

Unless an alternative treatment is specifically required by an accounting standard or the FMOs, assets and liabilities are recognised in the Statement of Financial Position when and only when it is probable that future economic benefits will flow to the ACMA or a future sacrifice of economic benefits will be required, and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under executor contracts are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the schedule of commitments or the schedule of contingencies.

Administered revenues, expenses, assets, liabilities and cash flows reported in the Schedule of Administered Items and related notes are accounted for on the same basis, using the same policies as for departmental items, except where otherwise stated at Note 1.19.

Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the Statement of Comprehensive Income when and only when the flow, consumption or loss of economic benefits has occurred and can be reliably measured.

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

The financial statements have been prepared on an accrual basis and in accordance with the historical cost convention, except for certain assets and liabilities at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position.

The financial statements are presented in Australian dollars and values are rounded to the nearest thousand dollars unless otherwise specified.

ACMA Annual report 2013-14 | 243

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

● ● ● ● ●

Application date for the ACMA1

1. The ACMA's expected initial application date is when the accounting standard becomes operational at the beginning of the reporting period.

No accounting standard has been adopted earlier than the application date as stated in the standard.

All other new, revised or amending Standards or Interpretations that were issued prior to the sign-off and are applicable to the current period did not have material effect and are not expected to have future material effect.

Standard/Interpretation

AASB 1055 Budgetary Reporting

The following new, revised or amending Standards or Interpretations were issued by the Australian Accounting Standards Board prior to the signing of the financial statements by the Chairman and the Chief Finance Officer, which are expected to have material effect on the ACMA' s financial statements for future reporting periods.

Nature of impending changes/s in accounting policy and likely impact on initial application 1 July 2014 Requires reporting of budgetary information by not-for-profit entities within the General Government Sector. In particular:

- original budget presented to Parliament; - variance of actuals from budgets; and - explanations of significant variances. Likely impact: Provide users with information relevant to assessing the performance of the ACMA, including accountability of public resources entrusted to it.

Future Australian Accounting Standard Requirements

The following new,revised or amended Standards or Interpretation were issued prior to the signing of the statement by the Chairman and Chief Finance Officer, were applicable to the current reporting period and had a material effect on the ACMA's financial statements.

Standard/Interpretation Nature of change in accounting policy, transitional provisions 1

and adjustments to the financial

statements.

AASB 13 Fair Value Measurments

Requires entities to classify fair value measurements into three levels based upon the lowest level of inputs used.

AASB 13 also requires a number of new disclosure requirement for assets and liabilities carried at fair value (refer to Note 5: Fair Value Measurements).

1) When transitional provisions apply, all changes in accounting policy are made in accordance with the respected transitional provisions.

1.3 Significant Accounting Judgements and Estimates

In the process of applying the accounting policies listed in this note, the ACMA has made the following judgements that have the most significant impact on the amounts recorded in the financial statements:

Other than as noted below, no other accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next reporting period.

1.4 New Australian Accounting Standards

Adoption of New Australian Accounting Standard Requirements

The fair value of land and buildings has been taken to be the market value of similar properties as taken by an independent valuer. In some instances, the ACMA's buildings are purpose-built and may in fact realise more or less in the market.

The amortised value of the administered receivable from broadcasting licence fees and datacasting charges has been estimated based on the prior

The fair value of plant and equipment has been taken to be the market value of similar items taken by a independent valuer including allowances for physical deterioration of the asset.

year assessed licence fees on the assumption that all rebates will be claimed by broadcasting licensees and regardless of licensee compliance with rebate conditions. No indexation or other adjustments have applied for inflation, new participants paying the levies and charges or growth in earnings from broadcasting.

The provision for long service leave has been estimated using present value techniques, which take account to attrition rates and pay increases through promotion and inflation.

The provision for impairment of financial assets are assessed on monthly basis. When a receivable is for more than 90 days the debt is considered doubtful and a provision for the non-recovery of the debt is made.

244 | Appendixes

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

● ● ● ●

● ●

Revenue from Government

Contributions of assets at no cost of acquisition or for a nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government agency or authority as a consequence of a restructuring of administrative arrangements (refer to Note 1.6).

Sale of Assets

Gains from disposal of assets are recognised when control of the asset has passed to the buyer.

1.7 Transactions with the Government as Owner

Amounts appropriated which are designated as ‘equity injections’ for a year (less any formal reductions) and Departmental Capital Budgets (DCBs) are recognised directly in contributed equity in that year.

Restructuring of Administrative Arrangements

Net assets received from or relinquished to another Australian Government entity under a restructuring of administrative arrangements are adjusted at their book value directly against contributed equity.

the revenue and transaction costs incurred can be reliably measured; and it is probable that the economic benefits associated with the transaction will flow to the ACMA.

the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and the probable economic benefits associated with the transaction will flow to the ACMA.

The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed at the end of reporting period. Allowances are made when collectability of the debt is no longer probable.

1.6 Gains

Equity Injections

Appropriations receivable are recognised at their nominal amounts.

the risks and rewards of ownership have been transferred to the buyer; the ACMA retains no managerial involvement or effective control over the goods;

1.5 Revenue

Resources Received Free of Charge

Amounts appropriated for departmental appropriations for the year (adjusted for any formal additions and reductions) are recognised as Revenue from Government when the ACMA gains control of the appropriation, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned.

Resources received free of charge are recognised as gains when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense.

Resources received free of charge are recorded as either revenue or gains depending on their nature.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government entity as a consequence of a restructuring of administrative arrangements (Refer to Note 1.7).

Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when:

Revenue from the sale of goods is recognised when:

Parental Leave Payments Scheme

Amounts received under the Parental Leave Payments Scheme by the ACMA not yet paid to employees have been presented at the gross amount as cash and a liability (payable).

Resources Received Free of Charge

Resources received free of charge are recognised as revenue when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense.

Resources received free of charge are recorded as either revenue or gains depending on their nature.

ACMA Annual report 2013-14 | 245

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

● ●

Transfer between levels of Fair value hierarchy occurs when there is availability of sales data of an identical asset.

Separation and Redundancy

Where an asset is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liability is recognised at the same time and for the same amount.

The discount rate used is the interest rate implicit in the lease. Leased assets are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense.

Leave

The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the ACMA is estimated to be less than the annual entitlement for sick leave.

Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets.

Other Distributions to Owners

Operating lease payments are expensed on a straight-line basis which is representative of the pattern of benefits derived from the leased assets.

The CSS and PSS are defined benefit schemes for the Australian Government. The PSSap is a defined contribution scheme.

The liability for defined benefits is recognised in the financial statements of the Australian Government and is settled by the Australian Government in due course. This liability is reported in the Department of Finance as administered schedules and notes.

The ACMA makes employer contributions to the employees' superannuation scheme at rates determined by an actuary to be sufficient to meet the current cost to the Government of the superannuation entitlements of the ACMA’s employees. The ACMA accounts for the contributions as if they were contributions to defined contribution plans.

The ACMA makes contributions to other approved superannuation funds nominated by employees who have exercised their right to choose other funds. The contributions are made at a fixed rate to defined contribution schemes.

The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year.

1.9 Leases

The FMOs require that distributions to owners be debited to contributed equity unless it is in the nature of a dividend. In 2013-14, no surplus output appropriation funding was relinquished and returned to the Official Public Account. Last year, the ACMA also had no surplus output appropriation funding to relinquish.

Provision is made for separation and redundancy benefit payments. The ACMA recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

Superannuation

The ACMA's staff are members of the Commonwealth Superannuation Scheme (CSS), the Public Sector Superannuation Scheme (PSS) or the PSS accumulation plan (PSSap).

A distinction is made between finance leases and operating leases.

1.8 Employee Benefits

Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits ) and termination benefits due within twelve months of end of reporting period are measured at their nominal amounts.

The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Other long-term employee benefits are measured as net total of the present value of the defined benefit obligation at the end of the reporting period minus the fair value at the end of the reporting period of plan assets (if any) out of which the obligations are to be settled directly.

The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that will be applied at the time the leave is taken, including the ACMA’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.

The liability for long service leave has been determined by reference to the short hand method prescribed by the Department of Finance’s Finance Brief 13 Measurement of Commonwealth Sector Employee Leave Entitlements. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.

An operating lease is a lease that is not a finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits.

1.10 Fair Value Measurements

246 | Appendixes

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

● ● ●

Financial assets held at amortised cost - if there is objective evidence that an impairment loss has been incurred for loans and receivables, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows discounted at the asset’s original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the Statement of Comprehensive Income.

1.13 Financial Liabilities

The only category of financial liabilities in the ACMA is classified as "other financial liabilities".

Financial liabilities are recognised and derecognised upon trade date.

Other Financial Liabilities

Other financial liabilities are initially measured at fair value, net of transaction costs. These liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis.

The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period.

1.14 Contingent Liabilities and Contingent Assets

cash in special accounts.

Loans and Receivables

Loans and other receivables that have fixed or determinable payments, that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment.

Impairment of Financial Assets

1.11 Cash

Cash is recognised at its nominal amount. Cash and cash equivalents includes:

1.12 Financial Assets

The only category of financial assets held by the ACMA is "loans and receivables".

These financial assets are not interest bearing, and are recognised and derecognised upon trade date.

Contingent liabilities and contingent assets are not recognised in the Statement of Financial Position but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.

1.15 Acquisition of Assets

Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate.

Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor's accounts immediately prior to the restructuring.

cash on hand; cash held by outsiders, and

Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

Financial assets are assessed for impairment at the end of each reporting period.

ACMA Annual report 2013-14 | 247

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Revaluation cycle Annually Tri-annually Tri-annually Tri-annually Tri-annually

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Asset Class Useful Life

Buildings 5 to 40 years

Motor vehicles 5 to 10 years

Land has indefinite useful life and is not depreciated.

The recoverable amount of an asset is the higher of its fair value less costs of disposal and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the ACMA were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

Impairment

All assets were assessed for impairment at 30 June 2014. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount.

Software - internally developed $10,000

$10,000

The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. This is particularly relevant to ‘make good’ provisions in property leases taken up by the ACMA where there exists an obligation to restore the property to its original condition. These costs are included in the value of the ACMA’s leasehold improvements with a corresponding provision for the ‘make good’ recognised.

Fair values for each class of asset are determined as shown below:

Plant & Equipment 3 to 15 years

Asset Class Land

Depreciation

Following initial recognition at cost, property plant and equipment are carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not differ materially from the assets’ fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/deficit. Revaluation decrements for a class of assets are recognised directly in the surplus/deficit except to the extent that they reverse a previous revaluation increment for that class.

Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate.

Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the ACMA using, in all cases, the straight-line method of depreciation.

Plant & Equipment

Market approach Depreciated replacement cost Depreciated replacement cost Depreciated replacement cost Depreciated replacement cost

Software - purchased $10,000

Leasehold Improvements

Motor vehicles

Motor Vehicles

Fair Value Measured at

Asset Recognition Threshold

Purchases of property, plant and equipment are recognised initially at cost in the statement of financial position, except for purchases costing less than the applicable threshold, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The asset thresholds have not been changed during the current financial year.

Building

Revaluations

Leasehold improvements $10,000

Plant and equipment $5,000

Buildings $50,000

Asset Class Threshold

1.16 Property, Plant and Equipment

248 | Appendixes

Note 1: Summary of Significant Accounting Policies AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

● ●

● ●

Departmental

Administered No event has occurred after the balance date that should be disclosed in these statements.

Software is amortised on a straight-line basis over its anticipated useful life. The useful lives of the ACMA’s software are 3 to 10 years, and have not changed from previous years.

All software assets were assessed for indications of impairment as at 30 June 2014.

1.18 Taxation / Competitive Neutrality

where the amount of GST incurred is not recoverable from the Australian Taxation Office; and for receivables and payables.

Except where otherwise stated below, administered schedules are accounted for on the same basis and using the same policies as for departmental items, including the application of Australian Accounting Standards.

Administered Cash Transfers to and from the Official Public Account

The ACMA is exempt from all forms of taxation except Fringe Benefits Tax (FBT) and the Goods and Services Tax (GST).

Revenues, expenses and assets are recognised net of GST except:

Competitive Neutrality

The ACMA does not provide any services on a for profit basis and does not have any Competitive Neutrality obligations.

1.19 Reporting of Administered Activities

The ACMA’s intangibles comprise internally developed and purchased software for internal use. These assets are carried at cost less accumulated amortisation and accumulated impairment losses.

An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal.

1.17 Intangibles

Derecognition

Administered revenues, expenses, assets, liabilities and cash flows are disclosed in the schedule of administered schedules and related notes.

No event has occurred after the balance date that should be disclosed in these statements.

Subsidies

Revenue collected by the ACMA for use by the Government rather than the ACMA is administered revenue. Collections are transferred to the Official Public Account (OPA) maintained by the Department of Finance. Conversely, cash is drawn from the OPA to make payments under Parliamentary appropriation on behalf of Government. These transfers to and from the OPA are adjustments to the administered cash held by the ACMA on behalf of the Government and reported as such in the schedule of administered cash flow administered items and in the administered reconciliation schedule. Thus the Schedule of Administered Items largely reflects the Government’s transactions, through the ACMA, with parties outside the Government.

Revenue

All administered revenues are revenues relating to the course of ordinary activities performed by the ACMA on behalf of the Australian Government.

Contributions from industries in the form of taxes, industry levies and fines are recognised as revenue when:

Loans and Receivables

Where loans and receivables are not subject to concessional treatment, they are carried at amortised cost using the effective interest method. Gains and losses due to impairment, derecognition and amortisation are recognised through profit or loss.

Note 2: Events After the Reporting Period

The economic activity giving rise to the Government's right to the contribution has taken place; and The liability to contribution can be reliably measured.

Telecommunications Industry Levy (replaced NRS and USO levies) is managed by the Telecommunications Universal Management Agency (TUSMA). The ACMA will continue to collect levies on behalf of TUSMA, remit them to the OPA and report them as Non taxation revenues.

ACMA Annual report 2013-14 | 249

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 3: Expenses

2014 2013

$’000 $’000

Note 3A: Employee Benefits Wages and salaries 46,128 49,452

Superannuation:

Defined contribution plans 3,778 3,938

Defined benefit plans 6,179 6,340

Leave and other entitlements 7,370 9,707

Separation and redundancies 1,808 2,030

Total employee benefits 65,263 71,467

Note 3B: Suppliers Goods and services supplied or rendered Consultants 1,012 2,309

Contractors 1,948 3,535

Outsourced services 6,265 4,559

Stationery and publications 382 686

Legal costs 696 1,235

Occupancy costs 2,360 2,552

I.T. and communications services 3,771 3,624

Travel costs 1,746 2,707

Other 3,305 3,817

Total goods and services supplied or rendered 21,485 25,024

Goods supplied in connection with External parties 703 763

Total good supplied 703 763

Services rendered in connection with Related entities 1,193 1,199

External parties 19,589 23,062

Total goods and services supplied or rendered 21,485 25,024

Other supplier expenses External Parties Minimum lease payments 5,804 6,676

Workers compensation expenses 847 688

Total other supplier expenses 6,651 7,364

Total supplier 28,136 32,388

250 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 3: Expenses Note 3C: Depreciation and Amortisation Depreciation:

Buildings and leasehold improvements 1,318 1,036

Property, plant and equipment 2,156 2,029

Total depreciation 3,474 3,065

Amortisation:

Intangibles 5,161 4,323

Total amortisation 5,161 4,323

Total depreciation and amortisation 8,635 7,388

Note 3D: Write-Down and Impairment of Assets Asset write-downs and impairments from:

Impairment on financial instruments 10 (3)

Impairment of property, plant and equipment 456 -

Impairment on intangible assets 19 -

Revaluation increment - Land - (20)

Revaluation decrement - property, plant and equipment - 16

Total write-down and impairment of assets 485 (7)

Note 3E: Losses from Asset Sales Carrying value of assets sold 8 16

Total losses from asset sales 8 16

ACMA Annual report 2013-14 | 251

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Own-Source Income

Note 4A: Sale of Goods and Rendering of Services Sales of goods in connection with Related entities 44 231

External parties 224 69

Rendering of services - external parties 3 1

Total sale of goods and rendering services 271 301

Note 4B: Other Revenue Number allocation charges 2,182 1,110

Other 311 110

Total other revenue 2,493 1,220

GAINS

Note 4C: Other Gains Resources received free of charge 82 84

Total other gains 82 84

REVENUE FROM GOVERNMENT

Note 4D: Revenue from Government Appropriations:

Departmental appropriations 92,387 99,271

Total revenue from Government 92,387 99,271

Note 4: Own-Source Income

252 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 5: Fair Value Measurements

The following tables provide an analysis of assets and liabilities that are measured at fair value. The different levels of the fair value hierarchy are defined below.

Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at measurement date. Level 2: Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly.

Note 5A: Fair Value Measurements

Fair value measurements at the end of the reporting period by hierarchy for assets and liabilities in 2014

Fair value Level 1 inputs Level 2 inputs Level 3 inputs

$'000 $'000 $'000 $'000

Non-financial assets Land 6,920 - 6,920 -

Buildings on freehold land 209 - 209

Leasehold improvements 19,694 - 19,694

Other property, plant and equipment 3,483 - 3,483

Total non-financial assets 30,306 - 10,403 19,903

Total non-financial assets 30,306 - 10,403 19,903

Total fair value measurements of assets in the statement of financial position 30,306 - 10,403 19,903

Total fair value measurements of assets in the statement of financial position 30,306 - 10,403 19,903

Fair value measurements- highest and best use differs from current use for non-financial assets (NFAs) The highest and best use of all non-financial assets are the same as their current use

Note 5B: Level 1 and Level 2 Transfers for Recurring Fair Value Measurements

The ACMA's policy for determining when transfers between levels are deemed to have occurred can be found in Note 1.

Note 5C: Valuation Technique and Inputs for Level 2 and Level 3 Fair Value Measurements

Level 2 and 3 fair value measurements - valuation technique and the inputs used for assets and liabilities in 2014 Category (Level 2 or Level 3) Fair value Valuation

technique(s)1 Inputs used Range (weighted average)2

$'000

Non-financial assets Land Level 2 6,920 Market approach Sale prices of

comparable land, land size, and appreciation rate

N/A

Buildings on freehold land Level 3 209 Depreciated

replacement cost Cost per square metre $1,680-$2,000

($1,939)

Leasehold Improvements Level 3 19,694 Depreciated

replacement cost Fit-out costs per square metre. $1,400-$1,910

($797)

Other property, plant and equipment Level 2 3,483 Market approach Cost of acquiring

similar assets with equivalent service capacity

N/A

1. No change in valuation technique occurred during the period. 2. Significant unobservable inputs only. Not applicable for assets or liabilities in the Level 2 category.

Level 3: Unobservable inputs for the asset or liability.

Fair value measurements at the end of the reporting

There were no level transfers between level 1,2 and 3 during the reporting period.

For Leasehold improvements, the ACMA procured valuation services from Colliers International in 2013 and relied on valuation models provided by Colliers. The ACMA analyses changes in fair value measurements every 3 years. Colliers provided the ACMA written assurance that the model developed is in compliance with AASB 13 requirements.

ACMA Annual report 2013-14 | 253

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 5: Fair Value Measurements

Recurring Level 3 fair value measurements - sensitivity of inputs

Note 5D: Reconciliation for Recurring Level 3 Fair Value Measurements

Recurring Level 3 fair value measurements - reconciliation for Non-financial assets

Buildings on free hold land Leasehold Improvements

Total

2014 2014 2014

$'000 $'000 $'000

Opening balance 222 5,306 5,528

Total gains/(losses) recognised in net cost of services1

(13) (1,592) (1,605)

Purchases - 15,980 15,980

Closing balance 209 19,694 19,903

1. These gains/(losses) are presented in the Statement of Comprehensive Income are for depreciation and impairment for the reporting period.

The entity's policy for determining when transfers between levels are deemed to have occurred can be found in Note 1.

For Other property, plant and equipment measured at depreciated replacement cost, the ACMA procured valuation services from Pickles Valuation Services (Pickles) in 2013 and relied on valuation methods provided by Pickles. The ACMA analyses changes in fair value measurements every 3 years. Pickles provided the ACMA written assurance that the model developed is in compliance with AASB 13 requirements.

The significant unobservable inputs used in the fair value measurement of the ACMA’s leasehold improvements and buildings are costs per square metre of similar properties in the relevant city. Significant increases (decreases) of any of those inputs in isolation would result in a significantly higher (lower) fair value measurements.

Non-financial assets

254 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Note 6A: Cash and Cash Equivalents Cash on hand or on deposit 3,419 962

Cash held for external parties 77 72

Total cash and cash equivalents 3,496 1,034

Note 6B: Trade and Other Receivables Good and Services:

Related entities 13 -

External parties 22 46

Total receivables for goods and services 35 46

Appropriations receivable:

For existing outputs 16,964 20,904

Total appropriations receivable 16,964 20,904

Other receivables:

GST receivable from the Australian Taxation Office 449 382

Other 159 292

Total other receivables 608 674

Total trade and other receivables (gross) 17,607 21,624

Less impairment allowance account:

Goods and services 10 -

Total impairment allowance account 10 -

Total trade and other receivables (net) 17,597 21,624

Receivables are expected to be recovered in:

No more than 12 months 17,597 21,624

More than 12 months - -

Total trade and other receivables (net) 17,597 21,624

Receivables are aged as follows:

Not overdue 17,573 21,621

Overdue by:

0 to 30 days 24 3

31 to 60 days - -

61 to 90 days - -

More than 90 days 10 -

Total receivables (gross) 17,607 21,624

The impairment allowance account is aged as follows:

Not overdue - -

Overdue by:

0 to 30 days - -

31 to 60 days - -

61 to 90 days - -

More than 90 days 10 -

Total impairment allowance account 10 -

Note 6: Financial Assets

ACMA Annual report 2013-14 | 255

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 6: Financial Assets

Reconciliation of the Impairment Allowance Account:

Movements in relation to 2014

Goods and services Total

$'000 $'000

Opening balance - -

Amounts written off 10 10

Closing balance 10 10

Movements in relation to 2013

Goods and services Total

$'000 $'000

Opening balance 53 53

Amounts recovered and reversed (53) (53)

Increase/ (decrease) recognised in net surplus - -

Closing balance - -

256 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 7: Non-Financial Assets

2014 2013

$’000 $’000

Note 7A: Land and Buildings Land Land at fair value 6,920 6,850

Total Land 6,920 6,850

Buildings on freehold land:

Buildings Work in progress - -

Fair value 222 222

Accumulated depreciation (13) -

Total buildings on freehold land 209 222

Leasehold improvements:

Fair value 20,698 5,306

Leasehold Improvements Accumulated depreciation (1,004) -

Total leasehold improvements 19,694 5,306

Total land and buildings 26,823 12,378

No indicators of impairment were found for land and buildings.

Note 7B: Property, Plant and Equipment Property, plant and equipment:

Fair value 5,576 8,365

Accumulated depreciation (2,093) -

Total Property, plant and equipment 3,483 8,365

No indicators of impairment were found for property, plant and equipment.

Revaluations of non-financial assets

Land 70 20

Building - (19)

Leasehold Improvements (1,146) (44)

Plant and Equipment (4) 434

Technical Equipment 15 -

All increments and decrements were transferred to the asset revaluation surplus by asset class and included in the equity section. A value of $1.135m was transferred from the Asset revaluation reserve account to retain earnings for decommissioned assets that had revaluation reserve balances.

Increment (Decrement)

Land was revalued by independent valuers at 30 June 2014 in accordance with the revaluation policy stated at Note 1.16.

Movements on the revaluation reserves are as follows:

Asset Class

Increment (Decrement)

Revaluation increment of $70,000 for Land (2013: increment of $20,000)

ACMA Annual report 2013-14 | 257

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 7: Non-Financial Assets

Land Buildings Total land and buildings

Other

property, plant & equipment WIP Total

$’000 $’000 $’000 $’000 $’000 $’000

As at 1 July 2013 Gross book value 6,850 5,528 12,378 4,177 4,188 16,555

Accumulated depreciation and impairment - - - - -

Net book value 1 July 2013 6,850 5,528 12,378 4,177 4,188 20,743

Additions By purchase - 1,441 1,441 12 11,980 13,433

Revaluations and impairments recognised in other comprehensive income 70 - 70 - - 70

Depreciation expense - (1,318) (1,318) (2,156) - (3,474)

Reclassification - 14,540 14,540 1,355 (15,896) -

Impairments and write-downs - (288) (288) (177) - (465)

Other movements [roundings] - - - - -

Net book value 30 June 2014 6,920 19,903 26,823 3,211 272 30,306

Net book value as of 30 June 2014 represented by:

Gross book value 6,920 20,920 27,840 5,304 272 33,416

Accumulated depreciation and impairment - (1,017) (1,017) (2,093) - (3,110)

6,920 19,903 26,823 3,211 272 30,306

Land Buildings

Total land and buildings

Other

property, plant & equipment WIP Total

$’000 $’000 $’000 $’000 $’000

As at 1 July 2012 Accumulated depreciation and impairment - (3,364) (3,364) (5,241) - (8,605)

Net book value 1 July 2013 6,830 6,627 13,457 5,603 1,536 20,596

Additions By purchase - - - - 2,866 2,866

Revaluations and impairments recognised in other comprehensive income 20 (63) (43) 418 - 375

Depreciation expense - (1,036) (1,036) (2,029) - (3,065)

Reclassifications - - - 201 (214) (13)

Write-down and imapirment - (1) (1) (16) - (17)

Net book value 30 June 2013 6,850 5,527 12,377 4,177 4,188 20,743

Net book value as of 30 June 2013 represented by:

Gross book value 6,850 5,528 12,378 4,177 4,188 20,743

Accumulated depreciation and impairment - - - - - -

6,850 5,528 12,378 4,177 4,187 20,743

Note 7C: Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment (2013-14)

Note 7C (Cont'd): Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment (2012-13)

258 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 7: Non-Financial Assets

2014 2013

$’000 $’000

Note 7D: Intangibles Computer software:

Internally developed - in progress 8,408 11,847

Internally developed - in use 38,729 28,089

Purchased 9,219 10,926

Total computer software (gross) 56,356 50,862

Accumulated amortisation (28,186) (26,275)

Total computer software (net) 28,170 24,587

Total intangibles 28,170 24,587

No indicators of impairment were found for intangible assets.

No intangibles are expected to be sold or disposed of within the next 12 months.

ACMA Annual report 2013-14 | 259

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Computer software internally developed WIP IT Projects

Computer software purchased Total

$’000 $’000 $’000 $’000

As at 1 July 2013 Gross book value 28,089 11,847 10,926 50,862

Accumulated amortisation and impairment (17,865) - (8,410) (26,275)

Net book value 1 July 2013 10,224 11,847 2,516 24,587

Additions -

Internally developed - 8,763 - 8,763

Amortisation (4,072) - (1,089) (5,161)

Reclassifications 11,619 (12,203) 584 -

Impairments of assets (17) - (2) (19)

Net book value 30 June 2014 17,754 8,407 2,009 28,170

Net book value as of 30 June 2014 represented by:

Gross book value 38,730 8,407 9,219 56,356

Accumulated amortisation and impairment (20,976) - (7,210) (28,186)

17,754 8,407 2,009 28,170

Note 7E (Cont'd): Reconciliation of the Opening and Closing Balances of Intangibles (2012-13)

Computer software internally developed WIP IT Projects

Computer software purchased Total

$’000 $’000 $’000

As at 1 July 2012 Gross book value 18,627 13,450 10,180 42,257

Accumulated amortisation and impairment (15,208) - (6,918) (22,126)

Net book value 1 July 2012 3,419 13,450 3,262 20,131

Additions* Internally developed - 8,766.74 - 8,767

Amortisation (2,831) - (1,492) (4,323)

Net book value 30 June 2013 10,223 11,847 2,517 24,587

Net book value as of 30 June 2013 represented by:

Gross book value 28,089 11,847 10,926 50,862

Accumulated amortisation and impairment (17,865) - (8,410) (26,275)

10,224 11,847 2,516 24,587

Note 7: Non-Financial Assets

Note 7E: Reconciliation of the Opening and Closing Balances of Intangibles (2013-14)

260 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Note 7F: Other Non-Financial Assets Prepaid expenses 2,245 1,537

Total other non-financial assets 2,245 1,537

No indicators of impairment were found for other non-financial assets.

Total other non-financial assets - are expected to be recovered in:

No more than 12 months 2,245 1,537

Total other non-financial assets 2,245 1,537

Note 7: Non-Financial Assets

ACMA Annual report 2013-14 | 261

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 8: Payables

2014 2013

$’000 $’000

Note 8A: Suppliers Trade creditors and accruals 3,209 2,954

Operating lease rentals 1,450 820

Total supplier payables 4,659 3,774

Supplier payables expected to be settled within 12 months:

External parties 3,209 2,956

Total 3,209 2,956

Supplier payables expected to be settled in greater than 12 months:

External parties 1,450 818

Total 1,450 818

Total supplier payables 4,659 3,774

Settlement is usually made within 30 days.

Note 8B: Other Payables Salaries and wages 2,787 2,481

Superannuation 289 271

Separations and redundancies 1,586 1,239

Other 11 10

Total other payables 4,673 4,001

Other payables are expected to be settled in:

No more than 12 months 4,673 4,001

Total other payables 4,673 4,001

262 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Note 9A: Employee Provisions

Leave 17,610 19,098

Total employee provisions 17,610 19,098

Employee provisions are expected to be settled in:

No more than 12 months 14,601 15,551

More than 12 months 3,009 3,547

Total employee provisions 17,610 19,098

Note 9B: Other Provisions Provision for restoration obligations 2,479 1,998

Total other provisions 2,479 1,998

Other provisions are expected to be settled in:

More than 12 months 2,479 1,998

Total other provisions 2,479 1,998

Reconciliation of the Other Provisions Account:

Provision for restoration Total

$’000 $’000

Carrying amount 1 July 2013 1,998 1,998

Additional provisions made 481 481

Closing balance 30 June 2014 2,479 2,479

Note 9: Provisions

As indicated on the Schedule of Commitments, the ACMA currently has 5 major agreements for the leasing of premises which have provisions requiring the ACMA to restore the premises to their original condition at the conclusion of the lease (2013: 5). The ACMA revalues the restoration obligation each year using the market value of the obligation at reporting date.

ACMA Annual report 2013-14 | 263

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 10: Cash Flow Reconciliation

2014 2013

$’000 $’000

Reconciliation of cash and cash equivalents as per Balance Sheet to Cash Flow Statement

Cash and cash equivalents as per:

Cash flow statement 3,496 1,034

Balance sheet 3,496 1,034

Difference - -

Reconciliation of net cost of services to net cash from operating activities:

Net cost of services (99,681) (109,647)

Add revenue from Government 92,387 99,271

Adjustments for non-cash items Depreciation / amortisation 8,635 7,388

Net write down of non-financial assets 485 (7)

Loss (Gain) on disposal of assets 8 16

Changes in assets / liabilities (Increase) / decrease in net receivables 786 4,895

(Increase) / decrease in prepayments ( 708) 69

Increase / (decrease) in supplier payables 885 (2,134)

Increase / (decrease) in other payable 672 770

Increase / (decrease) in employee provisions ( 1,488) 312

Increase / (decrease) in other provisions 481 68

Net cash used from operating activities 2,462 1,001

264 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 11: Contingent Assets and Liabilities

2014 2013 2014 2013

$’000 $’000 $’000 $’000

Balance from previous period - - - -

New - - - -

Re-measurement - - - -

Assets recognised - - - -

Expired - - - -

Total contingent assets - - - -

Balance from previous period - - - -

Australia New Zealand Banking Group - - - -

Re-measurement - - - -

Liabilities recognised - - - -

Obligations expired - - - -

Total contingent liabilities - - - -

Net contingent assets - - - -

Quantifiable Contingencies

Unquantifiable Contingencies

Significant Remote Contingencies

The Schedule of Contingencies reports assets in respect of claims for damages for 2014 are $nil (2013: $nil)

The ACMA has no remote contigencies as at 30 June 2014 (2013: nil ).

At 30 June 2014, the ACMA is involved in a number of legal proceedings, mostly of an administrative law nature, although some involved civil proceedings or prosecutions actioned by the ACMA. It is not possible to estimate the amounts of any eventual payments that may be required in relation to these claims.

Contingent liabilities

Total

Contingent assets

Indemnities

ACMA Annual report 2013-14 | 265

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

Short-term employee benefits: $ $

Salary 4,324,393 4,262,481

Performance bonuses 237,401 209,550

Other Allowances 524,523 510,879

Total short-term employee benefits 5,086,317 4,982,910

Post-employment benefits:

Superannuation 1,208,159 973,672

Total post-employment benefits 1,208,159 973,672

Other long-term benefits:

Annual leave accrued 12,357 114,206

Long-service leave 99,565 140,724

Total other long-term benefits 111,922 254,930

Termination benefits Voluntary Redundancy payments 139,382 -

Total 6,545,780 6,211,512

Notes:

1. Note 12A was prepared on an accrual basis (so the performance bonus expenses disclosed above differ from the cash 'Bonus paid' in Note 12B).

2. Note 12A excludes acting arrangements and where remuneration expensed for a senior executive was less than $195,000.

Note 12A: Senior Executive's Remuneration Expense for the Reporting Period

Note 12: Senior Executive and Member's Remuneration

3. "Other" includes motor vehicles allowances and other allowances.

266 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Average annual reportable remuneration

1

Substantive

senior

Executives

Reportable Salary

2,6

Contributed

superannuation

3

Reportable allowances

4

Bonus paid

5

Total

No.

$

$

$

Total remuneration (including part-time arrangements):

Less than $195,000 6 73,796 14,450 221 - 88,467

$195,000 - $224,999 3 169,119 35,199 4715 209,033

$255,000 - $284,999 10 202,299 50,009 16,702 269,010

$285,000 - $314,999 3 220,958 54,828 18,414 294,200

$315,000 - $344,999 4 241,903 66,386 423 16,272 324,984

$405,000-$434,999 1 346,685 67,967 414,652

$495,000-$524,999 1 492,359 17,775 2,184 512,318

Total 28

Average annual reportable remuneration

1

Substantive

senior

Executives

Reportable Salary

2, 6

Contributed

superannuation

3

Reportable allowances

4

Bonus paid

5

Total

No.

$

$

$

Total remuneration (including part-time arrangements):

Less than $195,000 5 61,078 9,741 - - 70,819

$225,000 - $254,999 7 196,735 37,196 - 16670 250,601

$255,000 - $284,999 5 211,200 33,776 - 18,239 263,215

$285,000 - $314,999 5 241,118 42,214 85 14,869 298,286

$315,000 - $344,999 1 240,470 44,751 - 30,577 315,798

$345,000-$374,999 1 309,771 47,834 - - 357,605

$375,000-$404,999 1 199,728 175,593 - 11,069 386,390

$495,000-$524,999 1 481,985 16,470 2,178 - 500,633

Total 26

Note 12B: Average Annual Reportable Remuneration Paid to Substantive Senior Executives During the Reporting Period Average annual reportable remuneration to substantive senior executives in 2014 Average annual reportable remuneration to substantive senior executives in 2013

ACMA Annual report 2013-14 | 267

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 12B: Average Annual Reportable Remuneration Paid to Substantive Senior Executives During the Reporting Period Notes: Note 12C: Other Highly Paid Staff During the reporting period, there were no employees whose salary plus performance bonus were $195,000 or more. 1. This table reports substantive senior executives who received remuneration during the reporting period. Each row is an averaged figure based on headcount for individuals in the band. 4. 'Reportable allowances' are the average actual allowances paid as per the 'total allowances' line on individuals' payment summaries. 5. 'Bonus paid' represents average actual bonuses paid during the reporting period in that reportable remuneration band. The 'bonus paid' within a particular band may vary between financial years due to various factors such as individuals commencing with or leaving the entity during the financial year.

6. Various salary sacrifice arrangements were available to senior executives including superannuation, motor vehicle and expense payment fringe benefits. Salary sacrifice benefits are reported in the 'reportable salary' column, excluding salary sacrificed superannuation, which is reported in the 'contributed superannuation' column.

3. The 'contributed superannuation amount' is the average actual superannuation paid to substantive senior executives in that reportable remuneration band during the reporting period.

2. 'Reportable salary' includes the following: a) gross payments (less any bonuses paid, which are separated out and disclosed in the 'bonus paid' column); b) reportable fringe benefits (at the net amount prior to 'grossing up' for tax purposes); c) reportable employer superannuation contributions; and d) exempt foreign employment income.

268 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 13: Remuneration of Auditors

2014 2013

$’000 $’000

Financial statement audit services were provided free of charge to the ACMA by the Australian National Audit Office (ANAO)

Fair value of the services provided:

Financial statement audit services (1) 82 84

Other non audit services (2) - 72

Total 82 156

(1) The ACMA's auditor is the Australian National Audit Office who has contracted KPMG to assist with the assignment.

(2) These services are performed by ANAO auditors which includes the economic analysis of the programming requirements on Australian Broadcasters.

ACMA Annual report 2013-14 | 269

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Note 14A: Categories of Financial Instruments Financial Assets Loans and receivables:

Cash and cash equivalents 3,496 1,034

Trade receivables (net) 25 46

Total 3,521 1,080

Carrying amount of financial assets 3,521 1,080

Financial Liabilities At amortised cost:

Trade creditors and accruals 3,209 2,954

Total 3,209 2,954

Carrying amount of financial liabilities 3,209 2,954

Note 14B: Net Income and Expense from Financial Assets

Note 14C: Fair Value of Financial Instruments

Note 14: Financial Instruments

Trade receivables are short term and non interest bearing. There is no income or expense from these assets.

All financial assets and liabilities are short term trade receivables and payables the carrying amounts of which are reasonable approximation of fair value.

6B 6699811

270 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Note 14D: Credit Risk

Credit quality of financial instruments not past due or individually determined as impaired

Not past due nor impaired Not past due nor impaired

Past due or impaired Past due or impaired

2014 2013 2014 2013

$'000 $'000 $'000 $'000

Financial Assets Cash and cash equivalents 3,496 1,035 - -

Trade receivables 11 43 24 3

Total 3,507 1,078 24 3

Ageing of financial assets that were past due but not impaired for 2014 0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Financial Assets Trade receivables 24 - - - 24

Total 24 - - - 24

Ageing of financial assets that were past due but not impaired for 2013 0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Financial Assets Trade receivables 3 - - - 3

Total 3 - - - 3

The ACMA manages its credit risk by restricting the provision of goods and services on credit to pre-approved credit clients only. Credit limits granted to approved clients are re-assessed at least annually to ensure that the ACMA is not exposed to unacceptable credit risk.

The ACMA is exposed to minimal credit risk as financial assets are cash and trade receivables. The maximum exposure to credit risk is the risk that arises from potential default of a debtor. This amount is equal to the total amount of trade receivables (2014: $35,000 and 2013: $46,000). The ACMA has assessed the risk of the default on payment and has allocated $10,000 (2013: $Nil) to an impairment allowance account.

Note 14: Financial Instruments

The ACMA holds no collateral to mitigate against credit risk.

6B 6699811

ACMA Annual report 2013-14 | 271

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 14: Financial Instruments 6B 6699811

Note 14E: Liquidity Risk

Maturities for non-derivative financial liabilities 2014

within 1 1 to 2

year years Total

$'000 $'000 $'000

Financial Liabilities Trade creditors and accruals 3,209 - 3,209

Total 3,209 - 3,209

Maturities for non-derivative financial liabilities 2013

within 1 1 to 2

year years Total

$'000 $'000 $'000

Financial Liabilities Trade creditors and accruals 2,954 - 2,954

Total 2,954 - 2,954

Note 14F: Market Risk

The ACMA holds basic financial instruments that do not expose the ACMA to certain market risks including currency risk, other price risk and interest rate risk.

The ACMA has no derivative financial liabilities in both the current and prior financial year.

The ACMA's financial liabilities are Trade creditors and accruals. The exposure to liquidity risk is based on the notion that the ACMA will encounter difficulty in meeting its obligations associated with financial liabilities.

This is highly unlikely as the ACMA is appropriated funding from the Australian Government and the ACMA manages its budgeted funds to ensure it has adequate funds to meet payments as they fall due. In addition, the ACMA has policies in place to ensure timely payment is made when due and has no past experience of default.

272 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Financial assets Notes

Total financial assets as per statement of financial position 21,093 22,658

Less: non-financial instrument components:

Appropriations receivable 6B 16,964 20,904

Other receivables 6B 608 674

Total non-financial instrument components 17,572 21,578

Total financial assets as per financial instruments note 14A 3,521 1,080

Note 15: Financial Assets Reconcilliation

ACMA Annual report 2013-14 | 273

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

EXPENSES

Note 16A: Subsidies Payable to external parties - 145,274

Total subsidies - 145,274

Note 16B: Write-Down and Impairment of Assets Asset write-downs and impairments from:

Impairment on financial instruments - 238

Total write-down and impairment of assets - 238

Note 16: Administered - Expenses

274 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

OWN-SOURCE REVENUE

Taxation Revenue

Note 17A: Other Taxes Broadcasting licence fees 157,188 167,386

Radiocommunications taxes 170,998 118,988

Telecommunication numbering charges 60,000 60,000

Total other taxes 388,186 346,374

Non-Taxation Revenue

Note 17B: Sale of Goods and Rendering of Services Rendering of services - external parties 3,469 4,083

Total sale of goods and rendering services 3,469 4,083

Note 17C: Fees and Fines Licence fees (excluding broadcasting) 41,740 42,328

Fines and Penalties 1,147 559

Total fees and fines 42,887 42,887

Note 17D: Other Revenue Industry contributions 220,819 145,325

Total other revenue 220,819 145,325

GAINS

Note 17E: Sale of Assets Intangibles:

Proceeds from sale1 1,580 1,483,377

Total net gain from sale of assets 1,580 1,483,377

Note 17F: Reversal of Previous Asset Write-Downs and Impairments Reversal of impairment losses 42 -

Total reversals of previous asset write-downs and impairments 42 -

Note 17: Administered - Income

(1) Included in 2012-13 was $1.481b that the ACMA received for Tranche-1, 15 year spectrum licence reissue last financial year.

ACMA Annual report 2013-14 | 275

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

FINANCIAL ASSETS

Note 18A: Cash and Cash Equivalents Special accounts - 89

Cash on hand or on deposit 500 67

Total cash and cash equivalents 500 156

Note 18B: Taxation Receivables Other taxes 167,130 174,378

Total taxation receivables (gross) 167,130 174,378

Less: impairment allowance account Other taxes 46 58

Total taxation receivables (net) 167,084 174,320

Receivables are expected to be recovered in:

No more than 12 months 167,084 174,320

Total trade and other receivables (net) 167,084 174,320

Taxation receivables were aged as follows:

Not overdue 164,923 173,744

Overdue by:

0 to 30 days - 89

31 to 60 days 2,150 487

61 to 90 days 11 -

More than 90 days 46 58

Total taxation receivables (gross) 167,130 174,378

The impairment allowance account is aged as follows:

Not overdue - -

Overdue by:

0 to 30 days - -

31 to 60 days - -

61 to 90 days - -

More than 90 days 46 58

Total impairment allowance account 46 58

Note 18: Administered - Financial Assets

276 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 18: Administered - Financial Assets 2014 2013

$’000 $’000

Note 18C: Receivables Goods and services:

Goods and services receivable - external parties - 69

Total receivables for goods and services - 69

Other receivables:

Fees, charges and other revenues 38,480 39,062

Total other receivables 38,480 39,062

Total receivables (gross) 38,480 39,131

Less: impairment allowance account Other receivables 2 137

Total receivables (net) 38,478 38,994

Receivables are expected to be recovered in:

No more than 12 months 38,478 38,994

Total trade and other receivables (net) 38,478 38,994

Receivables were aged as follows:

Not overdue 50 1

Overdue by:

0 to 30 days 38,381 38,958

31 to 60 days 42 47

61 to 90 days 5 25

More than 90 days 2 100

Total receivables (gross) 38,480 39,131

The impairment allowance account is aged as follows:

Not overdue - 37

Overdue by:

0 to 30 days - -

31 to 60 days - -

61 to 90 days - -

More than 90 days 2 100

Total impairment allowance account 2 137

Goods and services receivables are with entities external to the Australian Government. Credit terms granted to debtors vary dependant on legislation.

ACMA Annual report 2013-14 | 277

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 18: Administered - Financial Assets

Reconciliation of the Impairment Allowance Account:

Movements in relation to 2014

Taxation Other

receivables receivables Total

$'000 $'000 $'000

Opening balance 58 137 195

Amounts written off (35) (70) (105)

Increase/(decrease) recognised in net surplus 23 (65) (42)

Closing balance 46 2 48

Movements in relation to 2013

Taxation Other

receivables receivables Total

$'000 $'000 $'000

Opening balance 976 26,796 27,772

Amounts written off (956) (26,860) (27,816)

Increase/(decrease) recognised in net surplus 38 201 239

Closing balance 58 137 195

Note 18D: Other Financial Assets Accrued Revenues 453 453

Total other financial assets 453 453

No more than 12 months More than 12 months 453 453

Total other financial assets 453 453

Other financial assets are expected to be recovered in:

278 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Note 19A: Other Payables Prepayments received/unearned income 276,432 60,702

Other 1,653 1,742

Total other payables 278,085 62,444

Other payables are expected to be settled in:

No more than 12 months 278,085 62,444

Total other payables 278,085 62,444

Note 19: Administered - Payables

ACMA Annual report 2013-14 | 279

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Reconciliation of cash and cash equivalents as per Administered Schedule of Assets and Liabilities to Administered Cash Flow Statement

Cash and cash equivalents as per: Schedule of administered cash flows 500 156

Schedule of administered assets and liabilities 500 156

Difference - -

Reconciliation of net cost of services to net cash from operating activities:

Net cost of services 656,983 1,876,534

Adjustments for non-cash items Gain on sale of assets (1,580) (1,483,377)

Changes in assets / liabilities (Increase) / decrease in net receivables 7,752 33,327

(Increase) / decrease in other financial assets - (453)

Increase / (decrease) in subsidies payables - (83)

Increase / (decrease) in other payable 215,641 56,004

Net cash from/(used by) operating activities 878,796 481,952

Note 20: Administered - Cash Flow Reconciliation

280 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

The ACMA has no remote contingencies as at 30 June 2013 (2013: nil).

The ACMA has no unquantifiable contingencies as at 30 June 2014 (2013: nil).

Unquantifiable Contingencies

Significant Remote Contingencies

Note 21: Administered - Contingent Assets and Liabilities

Quantifiable Assets and Liabilities

The ACMA has no contingent assets nor liabilities as at 30 June 2014 (2013: nil)

ACMA Annual report 2013-14 | 281

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Note 22A: Categories of Financial Instruments Loans and receivables:

Cash and cash equivalents 500 156

Goods and services receivables - 69

Fees, charges and other revenue receivables 38,478 39,062

Total 38,978 39,287

Carrying amount of financial assets 38,978 39,150

Note 22B: Net Income and Expense from Financial Assets

Note 22C: Net Income and Expense from Financial Liabilities

Note 22D: Fair Value of Financial Instruments

All financial assets and liabilities are short term trade receivables and payables the carrying amounts of which are reasonable approximation of fair value.

All loans and receivables are short term and non interest bearing. There is no income or expense from these assets (2013: nil)

All financial liabilities are short term and non interest bearing. There is no income or expense from financial liabilities (2013: nil)

Note 22: Administered - Financial Instruments

282 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Note 22E: Credit Risk

Not past due nor impaired Not past due nor impaired

Past due or impaired Past due or impaired

2014 2013 2014 2013

$'000 $'000 $'000 $'000

Loans and receivables Cash and cash equivalents 500 156 - -

Other receivables 50 1 38,430 39,130

Total 550 157 38,430 39,130

0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Loans and receivables Other receivables 38,381 42 5 2 38,430

Total 38,381 42 5 2 38,430

0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Loans and receivables Other receivables 38,958 47 25 - 39,030

Total 38,958 47 25 - 39,030

Note 22: Administered - Financial Instruments

The ACMA is exposed to minimal credit risk as loans and receivables are cash and trade receivables. The maximum exposure to credit risk is the risk that arises from potential default of a debtor. This amount is equal to the total amount of trade receivables (2014: $38,480,000 and 2013: $39,131,000). The ACMA has assessed the risk of the default on payment and has allocated $48,000 in 2014 (2013: $195,000) to an impairment allowance account.

The ACMA manages its credit risk by restricting the provision of goods and services on credit to pre-approved credit clients only. Credit limits granted to approved clients are re-assessed at least annually to ensure that the ACMA is not exposed to unacceptable credit risk.

The ACMA holds no collateral to mitigate against credit risk.

Credit quality of financial instruments not past due or individually determined as impaired

Ageing of financial assets that were past due but not impaired for 2014

Ageing of financial assets that were past due but not impaired for 2013

6B 6699811

ACMA Annual report 2013-14 | 283

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 22: Administered - Financial Instruments 6B 6699811

Note 22F: Liquidity Risk

Note 22G: Market Risk

The ACMA's financial liabilities are predominately revenue in advance. The exposure to liquidity risk is based on the notion that the ACMA will encounter difficulty in meeting its obligations associated with financial liabilities.

The ACMA has no derivative financial liabilities in either the current or prior financial year.

This is highly unlikely as the ACMA has received funds and remitted to the Central Revenue Fund (CRF). In addition, the ACMA has policies in place to ensure timely payments are made when due and has no past experience of default.

The ACMA holds basic financial instruments that are non-interest bearing and have no exposure to market risks.

284 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Financial assets Notes

Total financial assets as per schedule of administered assets and liabilities 206,515 213,923

Less: non-financial instrument components Taxation receivables 167,084 174,320

Other financial assets 453 453

Total non-financial instrument components 167,537 174,773

Total financial assets as per financial instruments note 22A 38,978 39,150

Note 23: Administered - Financial Assets Reconciliation

ACMA Annual report 2013-14 | 285

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 24: Appropriations

Annual

Appropriation

Appropriations

reduced

(1)

Section 31

$'000

$'000

$'000

$'000

$'000

$'000

DEPARTMENTAL Ordinary annual services

105,507

-

1,573

107,080

(115,229)

(8,149)

Appropriation Act (No. 1) 2012-2013 as passed 92,387 1,573 (94,666)

Appropriation Act (No. 1) Capital Budget 2012-2013 as passed 13,120 - (20,563)

Other services

Equity

5,841

-

5,841

(1,630)

4,211

Total departmental

111,348

-

1,573

112,921

(116,859)

(3,938)

Notes: Annual Appropriation

Appropriations

reduced

(1)

Section 31

$'000

$'000

$'000

$'000

$'000

$'000

DEPARTMENTAL Ordinary annual services

107,087

-

2,257

109,344

( 115,839)

(6,495)

Other services

Equity

350

-

350

(350)

-

Total departmental

107,437

-

2,257

109,694

(116,189)

(6,495)

Notes: (1) Appropriations reduced under Appropriations Acts (Nos 1, 3 & 5) 2013-14: section 10, 11 and 12 and under Appropriation Acts (Nos 2, 4 & 6) 2012-13: sections 12, 13, 14. Departmental appropriations do not lapse at financial year end. The reduction in the appropriation is effected by the Finance Minister’s determination and is disallowable by Parliament. The Finance Minister determined no reduction in departmental appropriation in 2013-14. Table A: Annual Appropriations ('Recoverable GST exclusive')

2014 Appropriations

Appropriation applied in 2014 (current and prior

years)

Variance

FMA Act

Total appropriations

Appropriation Act

Variance

2013 Appropriations

Appropriation applied in 2013 (current and

prior years)

(2) The overspend of $6.495m ordinary appropriations is due to this year's purchase of assets funded from prior year's DCB appropriations.

Appropriation Act

(1) Departmental appropriations do not lapse at financial year-end, prior year appropriations are utilised before the current year's appropriations.

(2) The overspend of $3.938m ordinary appropriations is due to this year's purchase of assets funded from prior year's DCB appropriations.

Total

appropriations

FMA Act

286 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Annual Capital

Budget $'000

$'000

$'000

$'000

$'000

DEPARTMENTAL

Ordinary annual services - Departmental Capital Budget

1

13,120

13,120

(20,563)

(20,563)

(7,443)

Notes:

Annual Capital

Budget $'000

$'000

$'000

$'000

$'000

DEPARTMENTAL

Ordinary annual services - Departmental Capital Budget

1

7,816

7,816

(11,283)

(11,283)

(3,467)

Notes:

Capital Budget Appropriations applied in

2013

(current and prior years)

Payments for non-financial assets

2

3. The overspend of $7.44m DCB appropriations is due to this year's purchase of assets funded from prior year's DCB appropriations. 3. The overspend of $3.46m DCB appropriations is due to this year's purchase of assets funded from prior year's DCB appropriations. Note 24: Appropriations Table B: Departmental Capital Budgets ('Recoverable GST exclusive')

2014 Capital Budget Appropriations

Capital Budget Appropriations applied

in 2014

(current and prior years)

Variance

3

Appropriation Act

Total payments

Total Capital Budget

Appropriations

Payments for non-financial assets

2

Total payments

2013 Capital Budget Appropriations

1. Departmental Capital Budgets are appropriated through Appropriation Acts (No.1,3,5). They form part of ordinary annual services, and are not separately identified in the Appropriation Acts. For more information on ordinary annual services appropriations, please see Table A: Annual appropriations. 2. Payments made on non-financial assets include purchases of assets, expenditure on assets which has been capitalised, costs incurred to make good an asset to its original condition, and the capital repayment component of finance leases.

2. Payments made on non-financial assets include purchases of assets, expenditure on assets which has been capitalised, costs incurred to make good an asset to its original condition, and the capital repayment component of finance leases. 1. Departmental Capital Budgets are appropriated through Appropriation Acts (No.1,3,5). They form part of ordinary annual services, and are not separately identified in the Appropriation Acts. For more information on ordinary annual services appropriations, please see Table A: Annual appropriations.

Variance

3

Appropriation Act

Total Capital Budget Appropriations

ACMA Annual report 2013-14 | 287

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 24: Appropriations

2014 2013

$'000 $'000

Appropriation Act (No. 1) 2010-2011 as passed - 9,491

Appropriation Act (No. 1) 2012-2013 as passed - 3,607

Appropriation Act (No. 1) 2013-2014 as passed 12,390

Appropriation Act (No. 1) 2012-2013 as passed - Capital Budget - 7,806

Appropriation Act (No. 1) 2013-2014 as passed - Capital Budget 363

Appropriation Act (No. 2) 2013-2014 as passed Non operating (Equity) 4,211 -

Total

16,964

20,904

Table D: Special Appropriations ('Recoverable GST exclusive')

2014 2013

$'000 $'000

Financial Management and Accountability Act 1997

s28, Administered Refund 2,335 198,651

Telecommunications Act 1997

- s136C(4)

Limited amount

-

353

Total

2,335

199,004

Table C: Unspent Departmental Annual Appropriations ('Recoverable GST exclusive')

Authority

Authority Type

Appropriation applied

288 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 25: Special Accounts

During 2013-14 additional legal advice was received that indicated that there may be breaches of Section 83 of the Constitution under certain circumstances concerning the payment of long service leave, goods and services tax and payments under determinations of the Remuneration Tribunal.

The initial review in respect to all appropriations with statutory conditions was completed in 2012 has determined that there is a low risk of certain circumtances listed in the legal advice applying to the ACMA. This review identified no issues of non-compliance with Section 83 of the Constitution.

The ACMA has maintained its processes and controls over these payments under review to minimise the possibility of future breaches. As at reporting date, the ACMA has determined that there is a low risk of non-compliance with Section 83 of the Constitution in respect to these legal advice.

Section 83 of the Constitution provides that no amount may be paid out of the Consolidated Revenue Fund except under an appropriation made by law. The Department of Finance and Deregulation provided information to all agencies in 2011 regarding the need for risk assessments in relation to compliance with statutory conditions on payments from special appropriations, including special accounts.

ACMA Annual report 2013-14 | 289

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Note 25A: Special Accounts (Recoverable GST exclusive)

2014 2013 2014 2013 2014 2013

$'000 $'000 $'000 $'000 $'000 $'000

Balance brought forward from previous period 19 64 - - 70 255

Increases: Appropriation credited to special account - 5,301 - 19 - -

Other receipts - 58,642 - 197 - 117

Other receipts [Show each major class] - - -

Total increases - 63,943 - 216 - 117

Available for payments 19 64,007 - 216 70 372

Decreases: Payments made [Show each major class] - - - -

Investments made from the special account (FMA Act section 39) - - - -

Payments made to suppliers - (63,988) - (216) (70) (302)

Balance transferred to CRF (19) - - - - (255)

Total decrease (19) (63,988) - (216) (70) (302)

Total balance carried to the next period - 19 - - - 70

Note 25: Special Accounts

3. Appropriation: Financial Management and Accountability Act 1997 section 21. Establishing Instrument: Financial Management Act 1962; s600 Purpose: Monies held on trust for or for the benefit of a person other than the Commonwealth.

1. Appropriation: Financial Management and Accountability Act 1997 section 21. Establishing Instrument: Telecommunications (Consumer Protection and Service Stds) Act 1999, Division 14, Section 21(2). Purpose: The above account was used for the collection of USO levy from telecommunications providers and making payments to the USO provider. A new agency was created in 2012, the Telecommunications Universal Service Management Agency (TUSMA). The agency assumed some of the functions, the ACMA will continue to collect levies on behalf of TUSMA and remit them to the Official Public Account .The ACMA has now transferred prior year balance to the OPA and this special account will not longer in operation in 2015.

2. Appropriation: Financial Management and Accountability Act 1997 section 21. Establishing Instrument: Telecommunications (Consumer Protection and Service Stds) Act 1999, Division 14, Section 102(2). Purpose: The above account was used for the collection of the NRS Levy from telecommunications providers and making payments to the NRS providers. A new agency was created in 2012, the Telecommunications Universal Service Management Agency (TUSMA). The agency assumed some of the functions, the ACMA will continue to collect levies on behalf of TUSMA and remit them to the Official Public Account. This Special account is no longer in operation.

Universal Service Account (USO)1 National Relay Service (NRS)2

Services for Other Entities and Trust Moneys3

290 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Note 26A: Net Cost of Outcome Delivery

2014 2013

$’000 $’000

Departmental Expenses (102,527) (111,252)

Own-source income 2,846 1,605

Administered Expenses - (145,512)

Own-source income 656,941 2,022,046

Net contribution to outcome delivery 557,260 1,766,887

2014 2013

$’000 $’000

Expenses Employee Benefits 65,263 71,467

Suppliers 28,136 32,388

Depreciation and amortisation 8,635 7,388

Write-down and impairments of assets 493 9

Total 102,527 111,252

Income Revenue from government 92,387 99,271

Sale of goods and rendering services 271 301

Other Revenue 2,493 1,220

Other gains 82 84

Total 95,233 100,876

Assets Cash and cash equivalents 3,496 1,034

Trade and other receivables 17,597 21,624

Land and buildings 26,823 12,378

Infrastructure, plant and equipment 3,483 8,365

Intangibles 28,170 24,587

Other non-financial assets 2,245 1,537

Total 81,814 69,525

Liabilities Suppliers 4,659 3,774

Other payables 4,673 4,001

Employee provisions 17,610 19,098

Other provisions 2,479 1,998

Total 29,421 28,871

Note 26: Reporting of Outcome

Outcome 1

Note 26B: Major Classes of Departmental Expense, Income, Assets and Liabilities by Outcome

Outcome 1

ACMA Annual report 2013-14 | 291

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Note 26: Reporting of Outcome

2014 2013

$’000 $’000

Expenses Subsidies - 145,274

Write-down and impairments of assets - 238

Total - 145,512

Income Other Taxes 388,186 346,374

Sale of goods and rendering services 3,469 4,083

Fees and fines 42,887 42,887

Other non-taxation revenue 220,819 145,325

Sale of assets 1,580 1,483,377

Total 656,941 2,022,046

Assets Cash and cash equivalents 500 156

Taxation recevables 167,084 174,320

Recievables 38,478 38,994

Total 206,062 213,470

Liabilities Other payables 278,085 62,444

Total 278,085 62,444

Note 26C: Major Classes of Administered Expenses, Income, Assets and Liabilities by Outcome

Outcome 1

292 | Appendixes

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$'000 $'000

Amount applied Departmental Annual appropriations 26,388 25,434

Special appropriations (including special account) - -

Owned source revenue 400 298

Administered Annual appropriations Special appropriations (including special account) 300 300

Total amounts applied 27,088 26,032

Expenses Departmental 23,272 22,224

Administered 3,516 3,829

Total expenses 26,788 26,053

Revenue Departmental 400 298

Administered 45,505 46,035

Total revenue 45,905 46,333

Receivables Not overdue 24 47

Overdue by 0 to 30 days 16 -

31 to 60 days - -

61 to 90 days - 7

More than 90 days - -

Not overdue 38,308 38,880

Overdue by 0 to 30 days 10 40

31 to 60 days 4 26

61 to 90 days - 114

More than 90 days 2 -

Total receivables 38,364 39,114

Amounts written off Departmental Administered 78 500

Total amounts written off 78 500

Cost recovered activities: • Regulatory activities in accordance with the Telecommunications (Carrier Licence Charges) Act 1997 - The charges (Annual Carrier Licence Charges) for these activities are based on the cost of services provided by the ACMA, ACCC and the Department of Communications. The ACMA is responsible for invoicing and collecting the charges from the telecommunications carriers on behalf of other participating government organisations. Further information can be accessed from the ACMA's Cost Recovery Impact Statement 2013-14 which is available at: http://www.acma.gov.au/theACMA/About/Corporate/Accountability/cost-recovery-impact-statements-acma

• Investigation of complaints activities performed by the Postal Industry Ombudsman (PIO) - The ACMA is responsible for invoicing and collecting the charges on behalf of the PIO. Details are available at : http://www.pio.gov.au

Note 27: Competitive Neutrality and Cost Recovery

Note 27A: Cost Recovery Summary

ACMA Annual report 2013-14 | 293

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

2014 2013

$’000 $’000

Total comprehensive income less depreciation/amortisation expenses previously funded through revenue appropriations1 1,411 (2,617)

Plus: depreciation/amortisation expenses previously funded through revenue appropriation (8,635) (7,388)

Total comprehensive income/(loss) - as per the Statement of Comprehensive Income (7,224) (10,005)

Note 28: Net Cash Appropriation Arrangements

1. From 2010-11, the Government introduced net cash appropriation arrangements, where revenue appropriations for depreciation/amortisation expenses ceased. Entities now receive a separate capital budget provided through equity appropriations. Capital budgets are to be appropriated in the period when cash payment for capital expenditure is required.

294 | Appendixes

3G Third generation mobile telecommunications Mobile telecommunications systems that can provide global mobile communications and support multimedia applications.

3.5G/4G Enhancements to mobile telecommunications systems that increase the usable data rate to allow the delivery of data-intensive applications such as high-resolution video.

ABA Australian Broadcasting Authority

Former Commonwealth regulatory authority responsible for broadcasting.

ABC Australian Broadcasting Corporation Free-to-air national broadcaster of ABC radio and television channels, as well as the internet services ABC Online, ABC Broadband and DIG internet radio. The ABC is funded by the Australian Government.

ABS Australian Bureau of Statistics

Australia’s official statistical organisation serving government, business and the general population.

ACA Australian Communications Authority Former Commonwealth regulatory authority responsible for radiocommunications and telecommunications.

ACCC Australian Competition and Consumer Commission Commonwealth regulatory body with responsibilities derived from the Trade Practices Act 1974.

ACE Australian Communication Exchange Current National Relay Service provider and emergency call person for the text-based emergency call service.

ACMA Australian Communications and Media Authority Commonwealth regulatory authority for broadcasting, online content, radiocommunications and telecommunications, with responsibilities under the Broadcasting Services Act 1992, the Radiocommunications Act 1992, the Telecommunications Act 1997 and related Acts. Established on 1 July 2005 following a merger of the Australian Communications Authority and the Australian Broadcasting Authority.

ADSL2+ Version of ADSL that uses double the bandwidth for downstream data transmission, effectively doubling maximum downstream data rates.

AISI Australian Internet Security Initiative

An initiative developed by the ACMA that provides daily reports to Australian ISPs identifying recent instances of ‘compromised’ (infected) IP addresses on their networks.

ANAO Australian National Audit Office

Office responsible for financial and performance audits of Commonwealth departments and authorities.

ANC annual numbering charge

ARPANSA Australian Radiation Protection and Nuclear Safety Agency Commonwealth regulatory and research agency responsible for protecting people and the environment from the harmful effects of ionising and non-ionising radiation.

Associated Newspaper Register

A public register of newspapers ‘associated’ with commercial radio or commercial television broadcasting licence areas.

ASTRA Australian Subscription Television and Radio Association Industry body for subscription television, radio broadcasters and narrowcasters, responsible for developing and reviewing industry codes of practice, in consultation with the ACMA.

Glossary

ACMA Annual report 2013-14 | 295

bandwidth In the internet industry, bandwidth refers to the capacity of a connection to carry information; in radiocommunications, it is the amount of radiofrequency spectrum used for a particular function.

broadband Describes a class of internet access technologies, such as ADSL, HFC cable and Wi-Fi, offering a data rate significantly higher than narrowband services. These services are usually ‘always on’ and do not tie up a telephone line exclusively for data.

BSB broadcasting services bands

Parts of the radiofrequency spectrum dedicated to broadcasting services.

carrier The holder of a telecommunications carrier licence in force under the Telecommunications Act 1997.

CCF Consumer Consultative Forum

Assists the ACMA to perform its consumer-related functions.

CDMA code division multiple access

Digital coding technique used primarily for mobile telecommunications and satellite services, employing a bandwidth much larger than the original signal. Each signal is uniquely encoded and decoded, allowing many signals to occupy the same spectrum.

Communications Alliance Australia’s peak communications industry organisation that promotes the growth of the Australian communications industry and the protection of consumer interests.

coverage area Geographic area in which calls are able to be made successfully. For instance, the area between a base station and a mobile phone handset.

CPRs cabling provider rules

Rules to support telecommunications cabling industry self-regulation.

CSER Communications Security and Enforcement Roundtable A forum that deals with communications, law enforcement, regulatory and operational matters. CSER replaced the Law Enforcement Advisory Committee (LEAC).

CSG Customer Service Guarantee

Standard covering provision of the standard telephone service that provides for financial compensation to customers if the requirements in the standard are not met. The new CSG Standard came into effect from 30 June 2000, replacing the original 1998 standard, and was amended in 2004.

CSP carriage service provider

Person supplying or proposing to supply services to the public using carrier networks.

CTS Children’s Television Standards

Standards designed to provide access for children (aged <14 years) to quality television programs made specifically for them. The standards regulate timing and scheduling of children’s programs and content of adjacent programming.

DAB Digital Audio Broadcasting

A digital radio technology for broadcasting radio stations.

datacasting A service that delivers content in the form of text, data, speech, music or other sounds, visual images, or any other form or combinations of forms, where delivery uses the BSB.

DNCR Do Not Call Register

An Australian Government program administered by the ACMA to allow Australian numbers to be registered to opt out of receiving most unsolicited marketing calls or faxes (with limited exemptions for public interest organisations).

DoC Department of Communications

Federal government department developing and delivering communications policy andprograms.

ECSAC Emergency Call Service Advisory Committee Formerly the Emergency Services Advisory Committee. Advises on emergency services matters.

EMC electromagnetic compatibility

Ability of an electrical or electronic device or system to function satisfactorily without causing electromagnetic interference to other devices.

EME electromagnetic energy

Energy of electric and magnetic field components of a radio wave.

ENUM Electronic NUMbering

A protocol that translates numbers into a format that can be recognised by the internet system, and enables the linking of telephone numbers or internet addresses with communications services such as email, facsimile transmission and mobile telephony.

ESNA e-security National Agenda

Established by the Australian Government to strengthen the electronic operating environment for business, home users and government agencies.

296 | Glossary

ESO emergency service organisation

Organisation providing an emergency service, such as police, ambulance or fire brigade.

fixed-line telephone service A term used to describe the delivery of voice services over the PSTN network. Does not typically refer to VoIP phone services.

FLRN freephone and local rate number

Telephone numbers commencing with the digits 180 (freephone) and 13 (local rate).

FOI Act Freedom of Information Act 1982 Legislation dealing with access by the general public to information gathered and held by Commonwealth agencies.

Free TV Australia Industry body responsible for developing and reviewing the Commercial Television Industry Code of Practice.

GHz gigahertz

One billion Hertz (where one Hertz is the measurement of frequency equal to one cycle of electromagnetic radiation per second).

GSM global system for mobile communications The widely used European digital cellular network standard.

HDTV high definition television

A digital television broadcasting system with higher resolution than traditional television systems.

HF high frequency

Radiofrequency spectrum in the 3-30 MHz frequency range.

IAP Internet Assistance Program

ICT Information and Communication Technology

INHOPE International Association of Internet Hotlines Deals with complaints about illegal internet content, mainly child pornography.

INMS Industry Number Management Services Ltd Company established by carriers and carriage service providers to manage and allocate portable freephone and local-rate numbers from a pool, under delegation from the ACMA.

interception The interception of telecommunications services for the purpose of law enforcement and national security.

IP internet protocol

The key member of the suite of internet protocols at the logical layer, specifying packet addressing and routing of data through the internet.

IPND Integrated Public Number Database Database of information about customers of telecommunications services in Australia, arranged by number, for all carriers and carriage service providers.

IPTV internet protocol television

Television system whereby digital content is delivered via a network infrastructure, often in conjunction with video-on-demand and other non-television services such as VoIP and other internet services.

ISP internet service provider

Service provider offering internet access.

ITU International Telecommunication Union United Nations agency that coordinates international telecommunications matters.

ITU-R ITU—Radiocommunication Sector ITU body dealing with international radiocommunications matters.

kbit/s kilobits per second

Data communication rate of one thousand bits per second.

kHz kilohertz

One thousand Hertz (see also GHz).

LAP licence area plan

A legislative instrument setting out the licence area and the technical specifications for existing and proposed services.

LEAC Law Enforcement Advisory Committee Committee that advises on communications law enforcement matters. LEAC was replaced by CSER in 2008-09.

LIPD low interference potential devices

ACMA Annual report 2013-14 | 297

low-impact facilities

Communications facilities that are considered to have a low impact on their environment. They include underground cabling, small radiocommunications antennas and dishes, in-building subscriber connections and public payphones. The Telecommunications Act 1997 provides carriers with immunity from state and territory planning laws for the installation of ‘low-impact’ facilities.

LPON low power open narrowcasting

Radiocommunications class licence type authorising radio services operating at very low power outputs in the frequency range 87.5-88.0 MHz.

MHz Megahertz

One million Hertz (see also GHz).

the minister Minister for Communications Minister responsible for the ACMA and its governing legislation.

MMS multimedia messaging service

Mobile telecommunications data transmission service for sending messages with a combination of text, sound, image and video to MMS-capable handsets.

MNP mobile number portability

Portability for mobile phone numbers. See number portability.

NAC Numbering Advisory Committee

Committee established to advise on numbering matters.

narrowband A class of telecommunications services such as dial-up internet access that offer data rates of 64 kbit/s or lower.

NATA National Association of Testing Authorities Australia’s national laboratory accreditation authority that recognises and promotes facilities competent in specific types of testing, measurement, inspection and calibration.

NGN next generation network

General term for developments in network architecture using various access and core technologies covering wired, wireless and mobile communications. A primary characteristic is the decoupling of services and networks, allowing these to be offered separately and to evolve independently.

NRF Network Reliability Framework

Requirement on Telstra from January 2003 to provide regular reports to the ACMA on the reliability of its fixed-line services, and to remediate the network in areas with particularly poor performance.

NRS National Relay Service

Translation service between voice and non-voice telephone users providing access to the standard telephone service for people with communication impairment. Relays voice, modem or telephone typewriter communications.

number portability

Arrangements allowing customers to transfer from one telecommunications service provider to another without changing their number.

payphone Public telephone where calls may be paid for with coins, phone cards, credit cards or reverse charge facilities.

portability See number portability.

pre-selection Offers customers choice and supports competition by enabling competing operators to use the networks of other carriers to access their customers.

priority assistance

Service for people with a diagnosed life-threatening medical condition entitling them to faster connection and fault repair of their fixed-line telephone service.

RCC Radiocommunications Consultative Committee Formed to facilitate consultation between the ACMA and industry on major domestic and international radiocommunications issues.

RCMG Register of Controlled Media Groups Lists the media groups in each licence area, the media operations that form part of a group and the controllers of those operations.

SBS Special Broadcasting Service

Free-to-air national radio and television broadcasting service providing multilingual and multicultural programs that inform, educate and entertain all Australians and, in doing so, reflect Australia’s multicultural society. The SBS Online service also provides additional multilingual content through the internet.

SDTV standard definition television

298 | Glossary

SID Spam Intelligence Database

Designed and built in-house, SID is the ACMA’s high-performance spam analysis system, capable of processing hundreds of thousands of spam email messages per day. SID analyses all components of an email and stores the data in such a way that it can be easily searched, categorised and linked to data from other emails with similar characteristics.

SMP standard marketing plan

Approved plan by the universal service provider of how it will meet the USO.

SMS short message service

Mobile telecommunications data transmission service that allows users to send short text messages to each other using the mobile handset keypad.

spam Unsolicited commercial electronic messages sent to email, mobile phone and instant messaging accounts.

smartnumbers® Specified freephone (1800) or local-rate (13 or 1300) numbers allocated by auction that are considered desirable because they can be translated to a phoneword or have a memorable pattern.

subscription television Service providing access, for a fee, to television channels transmitted using cable, satellite or terrestrial microwave.

TAG Technical Advisory Group

Provides policy advice and recommendations to the ACMA about strategic directions in the technical regulation of communications in Australia.

TCBL temporary community broadcasting licence

three-way control

An unacceptable three-way control situation exists in relation to the licence area of a commercial radio broadcasting licence (the first radio licence area) if a person is in a position to exercise control of a commercial television broadcasting licence, where more than 50 per cent of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and a commercial radio broadcasting licence, where the licence area of the commercial radio broadcasting licence is, or is the same as, the first radio licence area; and a newspaper that is associated with the first radio licence area.

TIO Telecommunications Industry Ombudsman Industry-funded independent dispute resolution service for consumers who are unable to resolve individual complaints with their carriers and carriage service providers.

trigger event A trigger event relates to commercial regional radio licences and includes a transfer of a licence; or formation of a new registrable media group which includes a regional commercial radio broadcasting licence; or change of controller of a registrable media group which includes a regional commercial radio broadcasting licence.

TS technical standard

Standard for communications customer equipment or networks.

TSAG Telecommunications Standardization Advisory Group

TTY teletypewriter

Telephone typewriter where the caller types the communication after the call is connected, enabling people with a communication impairment to use the standard telephone service.

TWG Technical Working Group

UHF ultra high frequency

Part of the radiofrequency spectrum between 300 and 3,000 MHz.

USO universal service obligation

Obligation under the Telecommunications Act 1997 to ensure that standard telephone, payphone and prescribed carriage services are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business.

VHF very high frequency

Portion of the radiofrequency spectrum between 30 and 300 MHz.

VoIP voice over internet protocol

A protocol for transmitting voice over packet-switched data networks. Also called IP telephony.

WAS wireless access services

The wireless connection of business and households to the internet and the phone system.

WiMAX Worldwide Interoperability for Microwave Access Industry group organised to advance the IEEE 802.16 standards for broadband wireless access networks for multimedia applications with a wireless connection.

WRC World Radiocommunication Conference ITU conference held every three or four years to review and amend international radio regulations.

ACMA Annual report 2013-14 | 299

Index

A A Current Affair, investigations 19, 89 ABC Code of Practice 2011 11, 19, 90 ABC radio, non-breach findings 199-200 ABC television

breach findings 192 captioning 114 investigation 19, 90 no breach findings 192-4 Accreditation Procedures for Cabling

Provider Registrars 69 Accredited Persons scheme 53-4 assignments registered 54

number of APs 54 ACMA Communications report 2011-12 126 ACMA Enterprise Agreement

2011-2014 133, 135 ACMA Hotline 17, 96, 99 ACRIS Services 85 administrative tribunal decisions 211 advanced amateur licensees,

advanced power limit 49 advertising 216 Australian content in 110

expenditure 214, 215 gambling advertising in sports broadcasts 23, 94-5, 127 advisory bodies, membership 148-9 Agency Multicultural Plan (AMP) 134 agency resource statement 217-18 AISI see Australian Internet Security Initiative Alan Jones Breakfast Show 89-90 Alannah and Madeline Foundation 124 ‘All-Asian Mall’ story (A Current Affair) 19, 89 allocation 700 MHz band 46, 47 community broadcasting licences 57 see also broadcasting licensing; radiocommunications licensing amateur radio operator advanced amateur licensees 49 advanced power limit 49 examination services 55 annual carrier licence charge (ACLC) 63

annual numbering charge (ANC) 59, 63, 64 amounts outstanding 64 anti-siphoning provisions 93 apparatus auctions 62 apparatus licences 50-2, 158

400 MHz band implementation 51-2 Accredited Persons scheme 53-4 body scanners 49 licences issued 51 new licences 51 price-based apparatus licence allocations—LPON licences 51 taxes 64 APS Values and Code of Conduct 134 architecture 139 Asia-Pacific Telecommunity (APT) 12, 105

APG 15-3, Brisbane 2014, hosted by the ACMA 12, 106, 107 Management Committee 105 Preparatory Group for the 2015 World Radiocommunication Conference 105 Preparatory Meeting for 2014 ITU Plenipotentiary Conference 106 Wireless Group (AWG) 106 asset management 143 Associated Newspaper Register 38 Attorney-General’s Department 71, 132 audit

external 142, 226-7 internal 132, 147 Audit Committee 132, 147 Auditor-General, access by 215 Auditors report, Independent 226-7 Australia Post 74 Australian Advertising and Media Network 85 Australian and New Zealand Safe Boating Education Group 55 Australian Broadcasting Corporation 46 Australian Communication Exchange Ltd (ACE) 101 Australian Communications Consumer Action Network (ACCAN) 117 Australian Communications and Media Authority Client Service Charter 137 committees 132, 135, 147

300 | Index

corporate governance 27, 131-2 corporate structure 31-2 directions 206 Executive Group 131, 132, 147 functions and responsibilities 27 legislative instrument registered 207-9 meetings 146-7 Members 28-30, 31, 146 objectives 243 offices 31, 145 outcome 109, 216, 219 responses to emerging issues and regulatory pressures 36 role 110-15 staff 133-7 strategic and business planning 135, 136 structure 31-2 transformation projects 138 Australian Communications and Media

Authority Act 2005 27, 36, 66, 100, 206 Australian Communications and Media Authority (Annual Carrier Licence Charge)

Direction 2013 206 Australian Communications and Media Authority (Spectrum Allocation—

Post-Auction Review) Direction No. 1 of 2013 206 Australian Communications and Media Authority (Television Licence Area Plan

and Monitoring) Direction 2013 43 Australian Communications and Media Authority v TPG Internet Pty Ltd [2014]

FCA 382 211-12 Australian Competition and Consumer Commission (ACCC) 63, 101, 142 Australian content 110

in advertising 110 Australian Content Standard 92 Australian eMarketing Code of Practice 2005,

de-registration 86 Australian Federal Police 96, 99, 142 Australian Formula One Grand Prix 78 Australian Government Information

Management Office (AGIMO) 138 Australian Human Rights Commission’s 2013 BackMeUp Video Competition 124 Australian Information Commissioner 212 Australian Internet Security Initiative (AISI)

87, 103-4, 126 AISI 2.0 project 103, 104 Australian Maritime College 54, 55 Australian Mobile Telecommunications Association 119, 124 Australian Motorcycle Grand Prix 78 Australian music code 110 Australian National Audit Office (ANAO) 142, 226-7 Australian police forces, memorandum of understandings with 17, 98 Australian Public Service Commission (APSC) 136

Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) 68 Australian Recording Industry Association (ARIA) 111 Australian SMEs in the digital economy 126 Australian Taxation Office 103 Australian Waters Qualification 54 Australians cut the cord 128 Authority meetings 146-7 aviation security screening 55 award nominations 142

B Bailleau, Hollie 120 Bain, Emma 112 balance sheet 230 Be Deadly Online (Cybersmart resource

for Indigenous Australians) 20, 123 Bean, Richard 28, 31, 32, 106, 146, 147 Benjamin, Louise 29, 31, 146 billing investigation, Optus Mobile 83 blogs 85, 126, 129, 141

Cybersmart program 122 body scanner devices 49 Bottger, Cherrie 112 Bravehearts 124 Brisbane office 31, 145 Broadband, Communications and

the Digital Economy portfolio 27 broadband wireless see wireless access services (WAS) broadcasting

ACMA regulatory functions 93 codes of practice 23, 88 compliance investigations 18, 88-96, 186-202 compliance with ownership and control provisions 38 licence fees see broadcasting licence fees local content 24, 39-42, 127 ownership and control 38, 92 program standards 88 Register of Controlled Media Groups 38 regulatory arrangements 66 technical standards for digital television 68 see also digital broadcasting broadcasting investigations 18, 19, 88-90

ABC radio 199-200 ABC television 19, 90, 192-4 the ACMA’s enforcement powers 18, 88 anti-siphoning provisions 93 Australian Content Standard 92 category-of-service opinions 92 Children’s Television Standards 92, 187, 188 commercial radio 18, 89-90, 91, 195-8

ACMA Annual report 2013-14 | 301

commercial television 18, 19, 89, 90-1, 186-91 community broadcasting enquiries 92 community radio 201-2 community television 200-1 conditional access scheme for satellite access to digital television 96 judicial reviews of ACMA investigations 11, 90-1, 211-13 open narrowcast radio 202 outcomes 186-202 SBS radio 200 SBS television 194 subscription television 194 broadcasting licence area plans

and variations 56 broadcasting licence fees 64-5 information sessions 61

rebates 65 and Regional Equalisation Plan 65 return system 142 broadcasting licensing 57 commercial radio 57 commercial television 57 community broadcasting licence 57 community radio 57 community television 57 conditions 88 regional commercial radio 42 regional television 39-41 temporary community 57 see also allocation broadcasting reception equipment 68 broadcasting service apparatus licence variations 178-9 Broadcasting Services Act 1992 19, 38, 39, 40, 42, 44, 48, 61, 64, 65, 88, 93, 97, 110, 113, 121, 211, 212 Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2011 93 Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011 93 broadcasting services bands (BSB) spectrum 57 Broadcasting Services (Commercial Radio Advertising) Standard 2012 93 Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012 93 Broadcasting Services (Regional Commercial Radio—Material of Local Significance) Licence Condition 2012 42 Bromberg, J. 212 Brumfield, David 32 Bureau of Meteorology 55 Byrne, Brendan 32, 147 Bytecard Pty Ltd 79

C cabling compliance, NBN rollout 73 installation of specialised

customer cabling 69 and labelling compliance 78 registration scheme 68 types of cabling work, review 69 Cabling Advisory Group (CAG) 68 cabling instruments, sunsetting 69 Cabling Provider Rules (CPRs) 68 cabling regulation 68-9 Cabling Wiring Rules, review 69 Cahill, Maureen 32, 147 Cameron, James 30, 31, 146 Canberra office 31, 135, 139, 143, 145 capability development and training 136 captioning 114

breaches 115 exemption orders 114 carriage service providers (CSPs) compliance with IPND 102

disclosure of customer information to law enforcement and national security agencies 100 eligible revenue assessment 63 emergency call service 101-2, 211-12 identity-checking requirements for prepaid mobile phone services 21, 37, 100 informed consent arrangements for NBN battery back-up services 119 mass service disruption notices 118 number allocations register 59 numbering charges 58, 63-4 numbering transactions 59-60 priority assistance 119 Telecommunications Industry Ombudsman (TIO) scheme 117 Carrier Licence Conditions (Telstra Corporation

Limited) Declaration 1997 121 carrier licences 57, 157 annual charges 63 carriers’ rights and obligations 70

enquiries and complaints about 70 Caruso, Linda 32 case management 138 cash flow statement 232 category-of-service opinions 92 centralised customer contact model 140 Centre for Internet Safety 124 CERT Australia 103 certificates of proficiency and operator

examinations 54 Chairman’s foreword 11-13 Channel Seven Adelaide Pty Ltd 90, 92, 211

302 | Index

Channel Seven Adelaide Pty Ltd v Australian Communications and Media Authority [2013] FCA 812; Channel Seven Adelaide Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 32 211

Channel Seven Brisbane Pty Ltd 91 Channel Seven News, investigation 90 Channel Seven Perth Pty Ltd 91 Chapman, Chris 3, 11-13, 28, 31, 32, 106,

146, 147 Chatterbox (online video and conversation series) 121, 124 Cheah, Chris 29, 31, 32, 146, 147 Chief Executive Instructions (CEIs) 134 child sexual abuse material 17, 96, 98, 99 Childnet International (UK) 124 children’s television 111

children’s and preschool programs 111, 183-4 consultants 185 content regulation 110, 111 program classification 111, 112, 183-4 survey of parents and carers 127 viewing 127 Children’s Television Standards 2009

92, 112, 187, 188 citizen and consumer safeguards 128 Citizen conversations series 18, 36 class licensing 53

low interference potential devices 47, 53 Clear Networks Pty Ltd 79 Client Service Charter 137 client service complaints and

compliments 137 Cloud computing in Australia 126 The Cloud (Cybersmart’s Facebook page

for teens) 122 Co-operative Space Vehicle Tracking Program 49 codes of practice

ABC 11, 19, 90 Australian music 110 broadcasting 23, 88 commercial radio 89, 91, 110 Commercial Television Industry 11, 19, 89, 90, 91, 113 e-marketing, de-registration 86 gambling advertising during live sports broadcasts 23, 94-5 mobile phone base station deployment 70 mobile premium services 82 Telecommunications Consumer Protections (TCP) Code 18, 78, 79-83, 128, 141 Colonial Hotel 85 Comcover’s Benchmarking Risk Management

Program 132 commercial licences 170-8 commercial radio

breach findings 195-6

broadcasting licensing 42, 57 investigations 18, 89-90, 91, 195-6 licence fees 64, 65 non-breach findings 197-8 Commercial Radio Australia (CRA) 44

Codes of Practice 89, 91, 110 commercial television broadcasting Australian content in advertising 110

Australian content quota 110 breach findings 186-8 captioning 114 children’s programming quota 112 declaration of primary services 113 drama quotas 110 investigations 18, 19, 89, 90-1, 186-91 licence fee rebate 65 licence fees 64-5 licensing 57 multi-channelled television services in digital mode 110, 111 no breach findings 188-91 Commercial Television Industry Code of

Practice 2010 11, 19, 89, 90, 91, 113 committees, internal 132, 135, 147 Commonwealth Bank 124 Commonwealth contracts exemptions 215 Commonwealth Disability Strategy 134 Commonwealth Fraud Control

Guidelines 132 Commonwealth Procurement Rules 143 Commonwealth Property Management

Guidelines 143 CommsCon Awards 2014 142 Communications Alliance 58, 59, 65, 66, 67,

68, 69, 117, 119 Communications Compliance (CommCom) 79, 80 communications and engagement 141-2 Communications Infrastructure Division

24, 140 Communications portfolio 12, 27 communications regulation, planning

and licensing outcome (Program 1.1) 35, 48, 216 performance against PBS KPIs and deliverables 35, 51, 219 Communications report 2012-13 117, 118,

126

communications report series 126 community attitudes to communications and online participation 128

to gambling advertising in sports broadcasts 23, 94-5, 127 to local content in regional areas 127 community awareness 121-5 cybersafety 20, 121-4 Digital citizens guide 124 community broadcasting enquiries 92 community broadcasting licences 57 community radio

ACMA Annual report 2013-14 | 303

breach findings 201-2 broadcasting licences 57 no breach findings 202 community safeguards, community research 127 community television breach findings 200 broadcasting licensing 57 no breach findings 201 trials 57 competitive tendering 215 complaints-handling investigations 82 compliance attestations review 80 compliance and enforcement 71-99 compliance index 222-4 compliance with ownership and control provisions 38 conditional access scheme for satellite access to digital television, complaints 96 Connect.ed 124, 125 The connected business 129 consultancy contracts expenditure 213 consultative bodies, membership 148-9 Consultative Working Group on Cybersafety 124 Consumer Consultative Forum (CCF) 120, 148 consumer and industry awareness 68 consumer information protection 121 consumer safeguards 116-21 Customer Information Committee (CIC) 117 Customer Service Guarantee 78, 117-18 Do Not Call Register 120-1 International Mobile Roaming Standard (IMR) 116 local presence plan 119 NBN arrangements and materials 119 Network Reliability Framework 118 payphone performance 117 priority assistance 119 Reconnecting the Customer Mobile Network Performance Forum 119-20 review of ’190’ phone service rules 121 TIO scheme 116-17 universal service obligation (USO) 117 consumer safeguards, education and information (Program 1.2) 109, 216 performance against PBS KPIs and deliverables 109, 220 consumer use and attitudes to communications and online participation 128 Contemporary community safeguards inquiry 11, 18, 36, 127 content regulation and consumer information Australian content 110 Australian content in advertising 110 Australian music code 110 captioning 114-15 children’s television 111-12

community awareness 121-5 consumer safeguards 116-21 declaration of primary services 113 high definition broadcasting 113 role (the ACMA) 110-15 subscription television drama expenditure 113-14, 115 contract management and procurement 143 convergence and the digital economy

reports 126 corporate governance 27, 131-2 external scrutiny 211-13 corporate plan 131-2 Corporate plan 2013-16 84, 131-2 corporate strapline (the ACMA) 12 corporate structure (the ACMA) 31-2 Corrective Services NSW 48 cost recovery charges 62 Coutts, Reg 29, 31, 146 Creating Knowledge program 137 Crime Stoppers Australia 98 critical information summaries review 80 Cross-border regulatory strategies—case

studies and regulatory practice for a networked economy 128 customer information, disclosures 100 Customer Information Committee (CIC) 117 Customer Relationship Management Program 138 Customer Service Centre 24, 140 Customer Service Guarantee (CSG) 12, 78, 117-18 customer transfer investigations and review 81 cyberbullying 122, 124 cybersafety 12, 121-4 education resources 121, 122, 125, 128 initiatives 125 and social networking services 122, 128 cybersafety information for Indigenous Australians 20, 123 for parents 121, 122, 124, 128 for pre-service teachers 121, 125 for schools 121, 122, 125, 128 cybersecurity 103-4 Cybersmart blog 122 Cybersmart Challenge activities 122, 125 Cybersmart Community Champions 123 Cybersmart Detectives 122, 125 Cybersmart Hero 122, 125 Cybersmart Networking 122, 125 Cybersmart Outreach program 121, 124 Chatterbox 121, 124 Get Cyberstarted 124 Internet Safety Awareness presentations 124, 125 pre-service teacher program 124, 125 Professional Development for Educators workshops 124, 125 Virtual Classrooms 124 Cybersmart program 13, 20, 121-4

304 | Index

Indigenous communities 20, 121, 123, 128 initiatives 125 interactive shared learning activities 122, 125 partnerships 124 social media 122 website 20, 121, 123, 124 Cybersmart Twitter channel 122 Cyberzine e-newsletter for schools 122

D DAB+ digital radio 44 datacasting 93 Datacasting Charge (Imposition) Act 1998 65 datacasting charges 65 Day for Daniel 122, 214 declaration of primary services 113 Department of Climate Change

and Energy Efficiency 143 Department of Communications 24, 62, 99, 105 Department of Defence 77 Department of Finance and Deregulation 142 Department of the Prime Minister and

Cabinet 222 deregulation initiatives 12, 23, 37 digital broadcasting 43-4 Digital citizens guide 124, 127 digital dividend

auction 15, 46 restack 15, 43-4, 47 and wireless microphones 16, 45, 47 digital footprints 127 digital identities 127 digital radio DAB+ digital radio 44 start-up days in regional licence areas 44 Digital Switchover Taskforce 43 digital television 43-4 complaints under conditional access scheme for satellite access to 96 parental lock standard 68 restack coverage assessment project (ReCAP) 43-4 technical standards 68 television channel restack 15, 43-4, 47 transition to 43, 113 transmission and reception, report 45 Viewer Access Satellite Television (VAST) 44 viewer impacts associated with restack channel planning 43-4 direct debit investigations and review 21, 82 directions given 206 disability reporting 134

disclosures of information 210 by emergency management persons (EMP) for telephone-based emergency warning systems 210 IPND data for telephone-based emergency warning systems 100 to law enforcement and national security agencies 100

DND Media Pty Ltd 85 Do Not Call Register 13, 83, 120-1 access fees 63 the ACMA’s approach to telemarketing

and fax marketing compliance 83 complaints and enquiries 83 compliance investigations and enforcement 83-4 consumer awareness 121 investigations and enforcement 84 number of telephone numbers added to 120 numbers listed 120 washing accounts 63, 120 website 121 see also fax marketing; telemarketing Do Not Call Register Act 2006 83, 120 Dodo Services Pty Ltd 21, 79, 81, 118 domestic systems interference 74, 77 drama, Australian, quota on commercial

television 110 drama expenditure, by subscription television 113-14, 115

E e-marketing 64-6 code de-registration 86 complaints, reports and enquiries 84-5

education initiatives 85 informal warnings 85 international cooperation 86 investigations and enforcement 85 stakeholder engagement 86 eBusiness portal 138, 139 ecologically sustainable development

and environmental performance 143 The economic impacts of mobile broadband on the Australian economy from 2006

to 2013 11, 22, 126-7 Edmonds, J. 212 education resources (Cybersafety) 121, 122,

125, 128 Eftel 118 800 MHz band 45, 46 1800 MHz band 45, 46, 49 1870-1880 MHz band 52 electromagnetic compatibility (EMC) 78

regulatory arrangements 66 standards 67

ACMA Annual report 2013-14 | 305

electromagnetic energy (EME) 78 health exposure regulatory arrangements 68 mobile base station transmitter sites 73 regulatory arrangements 66 standards 68

electronic news-gathering (ENG) services 46, 49 relocation 16, 45, 46

eligible revenue assessment, telecommunications carrier licence 63 email outreach 142 email spam 84, 85 Emergency+ app 101 emergency call persons (ECP) 101 emergency call service 101-2

106 emergency call service 101 112 emergency call service 101 Emergency+ app for smartphones 101 reducing the volume of non-emergency calls 101 Telstra as designated provider for 000 and 112 numbers 101 TPG Internet Federal Court judgement 18, 102, 211-12 Triple Zero (000) emergency call service 101, 211-12 Triple Zero Kids Challenge 101 Emergency Call Service Advisory Committee

(ECSAC) 101, 148 Emergency Position Indicating Radio Beacons, inappropriately activated 77 Energy and Environment Survey 143 energy ratings 143 ENG services see electronic news-gathering

(ENG) services engage e-bulletin 142 Environment Protection and Biodiversity

Conservation Act 1999 71 equity statement 230 ethical standards 134 European Space Agency 49 Executive Group 131, 132

attendance at meetings 147 meetings 147 see also Senior Executive Staff (SES) expenses 33 expiring spectrum licences 45, 46 external scrutiny 211-13

F Facebook 124, 129, 141 Cybersmart program 122 Family Online Safety Institute 124 fax marketing 120

the ACMA’s approach to compliance 83 advisory letters and informal

warnings 83-4 complaints and enquiries 83 compliance 83-4 education initiatives 85 industry standards 83-4 investigations and enforcement 84 subscription fees 63 Fax Marketing Industry Standard 2011 83 Federal Communications Commission 76 Federal Court proceedings 11, 79, 90, 91,

102, 211, 212 fees see revenue and fees femtocells, removing record-keeping requirements 37 financial hardship 120 financial management 142-3 Financial Management and Accountability

Act 1997 132, 142 Financial Management Information System 142 financial statements 225-41

notes to 242-94 fines and penalties, revenue from 63 Five-year spectrum outlook 2013-2017 48 Fleischer, Anne 32 Flexi Marketing Solutions Pty Ltd 85 400 MHz band, implementation

activities 51-2 fraud control 132 freedom of information 203 Freedom of Information Act 1982 203 freephone and local rate numbers (FLRNs) 59

auction system 64 charging for calls from mobile phones 58 functions and responsibilities 27

G gambling advertising during live sports broadcasts 23, 94-5, 127 Gazal Telecom Australia 81 General Television Corporation (GTV) 111 Get Cyberstarted 124 glossary 295-9 Google 124 Google Hangout 112 Gov 2.0 policy 139 GPS jammers 73, 74 grant programs 143 Grays (NSW) Pty Limited 85 Greenhouse Energy Reporting 143 Guide to the children’s television classification

for applicants for C & P programs 112

306 | Index

H The Hamster Decides (ABC television broadcast) 11, 19, 90 Harassment Contact Officer Network 135 Harbour Radio Pty Ltd 89-90 Harkness, Louise 32 harmful software 127 Harris, Michael 147 #gameon (Cybersmart video) 122 health and safety 134-5 Health and Safety Representatives 135 Health and Safety Representatives

Forum 135 high definition broadcasting, content regulation 113 high definition television (HDTV) 113 high-frequency direction-finding and

monitoring system project 76-7 highlights 14-25 Hobart office 31, 145 Holthuyzen, Fay 147 Home is where the work is—the digital

worker 129 Hose, Chris 32 hosting international delegations 106 Hot30 Countdown 103 How Australia is Faring 147 Humphries, Vince 32, 147

I identity-checking requirements for prepaid mobile phone services 21, 37, 100 IGEA Life Sciences Pty Limited 85 iiNet 117 illegal mobile phone repeaters 72 income statement 229 Independent Auditor’s report 226-7 Indigenous Australians, cybersafety

information 121, 123, 128 industry levies 62 Industry Number Management Service

(INMS) Ltd 59 numbers allocated/surrendered 60 industry standards fax marketing 83-4

telemarketing 83-4 infographics 17, 22, 76, 98, 129, 141 information management

eBusiness and Gov 2.0 engagement 139 highlights 138-9 staff productivity 139 technology, practices and architecture 139 transformation agenda 138 transformation projects 138

Information Publication Scheme 203 INHOPE (International Association of Internet Hotlines) 96, 99, 106 Instagram 141 Integrated Public Number Database (IPND)

CSP compliance with IPBD requirements 102 CSP compliance with 102 data 102, 121 disclosure for telephone-based emergency warning systems 100 Lycamobile enforceable undertaking over rule breaches 102 interactive gambling 99 Interactive Gambling Act 2001 99 Interactive Games and Entertainment

Association 124 interactive media control database 38 interactive shared learning (Cybersmart) 122,

125

interception exemptions for trial services 101 interference domestic systems 74, 77 LED globes 74

radiocommunications 75-6 special events 78 Internal Audit Plan 132 international activities 49, 76, 87, 105-7 hosting delegations from overseas stakeholders 106 INHOPE 96, 99, 106 international training program 106, 107 spectrum activities 12, 49, 50, 105-6 unsolicited communications 86 international airports, body scanner devices 49 International Association of Internet Hotlines (INHOPE) 96, 99, 106 International Commission for Non-Ionizing Radiation Protection (ICNIRP) 68 international data roaming investigation, Telstra 82 international delegations, hosting 106 International Do Not Call Network 86 International Electrotechnical Committee (IEC) 67 international mobile roaming (IMR) Standard 78, 79, 116, 141 International Special Committee on Radio Interference (CISPR) 67 International Telecommunication Union (ITU) Australian participation in 12, 49, 105 Radiocommunication Sector (ITU-R) 105 Telecommunication Standardization Sector (ITU-T) 105 World Radiocommunication Conference 2015 (WRC-15) 50, 105 internet content complaints 13, 96-8, 99 INHOPE 96, 99, 106

ACMA Annual report 2013-14 | 307

prohibited or potentially prohibited internet content 96, 97, 98 safety see cybersafety Internet Safety Awareness presentations 124, 125 iTalk Australian Pty Ltd 79

J Jacoby, Anita 30, 31, 146 Jeffery, Chris 120 Jones, Alan 89 judicial reviews of ACMA broadcasting

investigations 11, 90-1, 211-13

K Kenny, Chris 19, 90 Kids Helpline 122

L labelling compliance 78 labelling notices 66 Larsen, Carsten 32, 147 law enforcement agencies, disclosure

of customer information to 100 LED globes 74 legislation 204-5 Legislative Instruments Act 2003 37, 221

sunsetting provisions 37, 53, 59, 66, 67, 69 legislative instruments registered 207-9 letter of transmittal 3 level playing field arrangements 70 licence area plans, variations to 56 licence fees broadcasting 64-5 carrier licensing 63 licence taxes apparatus 64 spectrum 64 licensing Accredited Persons scheme 53-4 amateur radio operator examination services 55 apparatus licences 50-2, 158 broadcasting 57 broadcasting licence area plans and variations 56 broadcasting service apparatus licence variations 178-9 carrier licences 157

class 53 commercial licences 170-8 commercial radio broadcasting licences 42, 57 commercial television broadcasting licences 57 community broadcasting licences 57 community radio broadcasting licence 57 community television broadcasting licence 57 community television broadcasting licences 57 low interference potential devices 47, 53 low-power open narrowcasting licences 51 national services 163-9 nominated carrier declarations 158 radiocommunications 50-5 retransmission services 159-63 special events 179-82 spectrum 52-3 telecommunications 57 temporary community broadcasting licences 57 Like, post, share—Young Australians’

experience of social media 128 Lime Telecom Pty Ltd 79 LinkedIn 141 Lithgow Correctional Centre, mobile phone

jammers trial 48 Live Connected Pty Ltd 21, 79, 82 local content 39-42

community attitudes 127 regional radio 42 regional television 24, 39-41, 127 trigger events 42 Local Number Portability Industry Code 61 local presence plan 119 London Action Plan 86, 87 Loney, Mark 32, 147 Low Interference Potential Devices

Class Licence 47, 53 low-impact facilities 70 low-power open narrowcasting (LPON)

licences 51 low-power open narrowcasting (LPON) services 75

compliance investigations 75 review 48 Lowe, Catriona 120 Lycamobile 79, 102

M m-Commerce—mobile transactions in Australia 129 M2! 118 McNeill, Jennifer 32, 147

308 | Index

Major, Allan 32, 147 malware 85, 103, 104, 127 marine radio operator certification and examination services 55

marine radio operator qualifications for recreational boaters, review 55-6 Maritime Training Package 55 market developments 126-7 market research expenditure 215 mass service disruption notices,

by carrier/CSP 118 media advertising expenditure 214 media content and culture 127 media engagement 142 meetings (the ACMA) 146-7 Melbourne office 31, 135, 139, 143, 145 Members of the Authority 28-30, 31, 146

attendance at meetings 146 memorandums of understandings with Australian police forces 17, 98 mentoring program 136 Microsoft 124, 142 Microsoft Cyber Threat Intelligence

Program 103 Minardi Pty Ltd 85 Minister for Broadband, Communications

and the Digital Economy 40, 52, 78, 116 Minister for Communications 3, 24, 36, 39, 43, 44, 45, 46, 48, 70, 127 MMS spam 84, 85 Mobile apps—putting the ’smart’

in smartphones 129 mobile broadband business use 129

economic benefits 11, 22, 126-7 spectrum arrangements 12, 50, 126-7 mobile network capacity forecasting model 126 Mobile Network Performance Forum 141 mobile phone base station

deployment 70 transmitter site compliance 73 mobile phone jammers 72, 74 trial 48 mobile phone-only users 129 mobile phone repeaters 72, 74, 75

illegal 72 mobile phone services, identity-checking requirements for prepaid 21, 37, 100 mobile phones

calls to 13 numbers 128 charging for calls from mobile phones to 1800 and 13/1300 numbers 12, 58 mobile premium services 83 complaints 83 Mobile Premium Services Code (MPS Code) 82 Mostyn, Rebecca 112 multi-channelled television services in digital mode 110, 113

Multi-lateral Meeting of Administrations, 2013 106 Mumbrella 142

N National Association of Testing Authorities (NATA) 78 National Broadband Network (NBN) 12, 61,

62, 69, 73, 89 advice to the minister on NBN level playing field exemption requests 70 informed consent arrangements for battery back-up services 119 transition of legacy over-the-top services 119 web material 119 National Child Protection Week 98, 99, 122 National Classification Scheme 96, 97 National Consultative Forum 135 National Day of Action Against Bullying

and Violence 122, 124 National Disability Strategy 134 National Environment Protection

Measures 143 national interest issues 100-5 National Relay Service (NRS) 62

levies 63 national security agencies, disclosure of customer information to 100 national service licences 163-9 National Work Health and Safety

Committee 135 NBN Co Ltd 70 NetSafe (NZ) 124 Network Reliability Framework (NRF) 118 Network Ten

Australian content 110 Australian drama quota 110 children’s television content 111 new eligible drama (NED) expenditure compliance 113-14, 115 New South Wales Submarine Cable Protection Zone Advisory Committee 149 news bulletins, regional television 40, 127 Nine Network Australia Pty Ltd Australian content 110 Australian drama quota 110 children’s television content 111 compliance with Children’s Television Standards 92 nominated carrier declarations 57, 158 non-emergency calls, reducing the volume of 101 number allocations register 59 number auctions 62, 64 number portability 61 number pre-selection 61

ACMA Annual report 2013-14 | 309

numbering 58-61 reform activities 58 services 58

Numbering Administration Project 59 Numbering Advisory Committee (NAC) 58-9, 148 numbering charges 58, 63-4

amount of charge 64 Numbering Plan administration 58, 59

charging for calls from mobile phones to 1800 and 13/1300 numbers 58 portability 61 numbering transactions 59-60 quantity of numbers allocated by INMS by number type 60 quantity of numbers allocated by number type 60 quantity of numbers surrendered by INMS by number type 60 quantity of numbers surrendered by number type 60 quantity of numbers transferred by number type 60 Numbering Work Program 58

O occupational health and safety 135-6 Office of the Australian Privacy Commissioner 142

Office of Best Practice Regulation (OBPR) 221 office locations (the ACMA) 31, 145 13 numbers, mobile calls to 128 190 phone service rules, review 121 190 premium telephone services,

revoking regulation 37 online content complaints 17, 96-9 complaint and investigation figures 96,

97, 98 memorandum of understandings with Australian police forces 17, 98 Online Content Scheme 96, 97 Online Numbering System (NUMB) 59 online participation, consumer use and attitudes to 128 online safety see cybersafety open narrowcast radio, no breach findings 202 operator examinations amateur radio operators 55 marine radio operators 54 Optus 82, 116, 117 digital dividend auction 15 Optus Mobile Pty Ltd 79 billing investigation 83 Our digital life seminar 126

outcomes (the ACMA) 109, 216 communications regulation, planning and licensing 35, 216, 219 consumer safeguards, education and information 216, 220

outreach program, cybersafety 121, 124, 125 over-the-top services, transition to NBN 12, 119 ownership and control (broadcasting) 38, 92

annual notifications 38 applications for prior approval 38 compliance with ownership and control provisions 38 enforcement for failure to comply with notification provisions 38 notifications of changes in control 38 Register of Controlled Media Groups 38

P parental lock standard, digital television 68 parents attitudes about children’s television 127

cybersafety information 121, 122, 124, 128 Parramatta office 31, 145 partnerships Cybersafety program 124 online content investigations 17, 98 payphones 12, 62, 117 PC Virus Scam 84 Penta Group Pty Ltd 85 People Management Instructions (PMIs) 134 performance against PBS KPIs and deliverables communications regulation, planning and licensing 35, 51, 219 consumer safeguards, education and information 109, 220 performance management 131, 137 performance payments 133, 134 personal customer information, Telstra 83 Perth Submarine Cable Protection Zone 71 phishing activities 87, 103 Pinterest 141 Police Assistance Line 101 portability of numbers 61 pre-selection of numbers 61 pre-service teachers, cybersafety information 121, 124, 125 premium service numbers 37, 121 prepaid mobile phone services, identity-checking requirements 21, 37, 100 preschool programs see children’s television, children’s and preschool programs preventative compliance measures 75

310 | Index

price-based apparatus licence allocations, low-power open narrowcasting licences 51

primary services, declaration of 113 Prime Television 41 Primus 117, 118 priority assistance 119 Priority Assistance for Life Threatening

Medical Conditions 119 priority compliance areas (PCA) 72-3 Privacy Awareness Week 124 privacy investigation, Telstra 83 procurement and contract management 143 Professional Development for Educators

workshops (Cybersafety) 124, 125 professional streams 137 Program 1.1 communications regulation,

planning and licencing outcome 35, 48, 216 performance against PBS KPIs and deliverables 51, 135, 219 Program 1.2 consumer safeguards, education

and information outcome 109, 216 performance against PBS KPIs and deliverables 109, 220 program classification, children’s television 111, 112, 183-4 program standards 88 programs and content, children’s television 183-4 prohibited customer equipment 74 prohibited devices (jammers) 72, 73, 74 prohibited or potentially prohibited internet content 96, 97 Project HELM 51 property management 143 Protective Security Policy Framework and Information Security Manual 132 Protiviti 132 Public Governance, Performance and Accountability Act 2013 143 Public Service Act 1999 31, 131

Q quality of service (QoS) issues 69 Queensland Television (QTQ) 111 Quoin Ridge station 76

R RadComms conference 11 radio licence area plan variations 56 Radio Licence Fees Act 1964 64 radiocommunications

international activities 50, 105-7

licensing 50-5 regulatory arrangements 66 research program 50, 126-7 space regulation 49 standards 67, 73 Radiocommunications Act 1992 44, 45, 49,

52, 65, 67, 75 radiocommunications compliance 72-8 the ACMA’s strategic compliance

approach 72 detections and investigations 73-4 enforcement actions 72, 75 field response and investigations 74 licensing compliance—statutory enforcement principles at work 75, 76 LPON services 75 preventative compliance measures 75 priority compliance areas (PCA) 72-3 supplier auditing program 74-5 transmitter licensing 73 Radiocommunications (Compliance

Labelling—Electromagnetic Radiation) Notice 2014 68 Radiocommunications compliance laboratory 78 Radiocommunications Consultative

Committee (RCC) 149 Radiocommunications Devices (Compliance Labelling) Notice 2003 47, 67 Radiocommunications (Electromagnetic

Radiation—Human Exposure) Standard 2014 68 Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices

at Lithgow Correctional Centre) Exemption Determination 2012 48 radiocommunications interference complaints 76-7

management 75-7 prosecutions 77 Radiocommunications Labelling (Electromagnetic Compatibility)

Notice 2008 67 Radiocommunications (Low Interference Potential Devices) Class Licence 2000 53 Radiocommunications (Maritime Ship

Station—27 MHz and VHF) Class Licence 55 Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) 52 Radiocommunications (Short Range Devices)

Standard 2004 47, 66 Radiocommunications (Spectrum Designation) Notice No. 1 of 2012 46 Radiocommunications (Spectrum Licence Tax)

Determination 1999 52, 53 Radiocommunications (Spectrum Licence Tax) Determination 2014 53 Radiocommunications (Transmitter Licence

Tax) Determination 2003 (No. 2) 15, 47, 52

ACMA Annual report 2013-14 | 311

rail and safety control communications 53 Rates Direct Pty Ltd 85 Reconnecting the Customer Mobile Network Performance

Forum 119-20 public inquiry 82 tracking consumer outcomes 128 recycling 143 Regional commercial television local content investigation report 24, 127 Regional Equalisation Plan (REP) 65 regional radio compliance with existing levels of local presence 42 compliance with local content plans 42 digital radio start-up days 44 investigations—local content licence condition 42 investigations—local news and information and local presence 42 local content—all regional commercial radio broadcasting licensees 42 local content and presence obligations due to a trigger event 42 regional television local content 24, 39-41, 127 news bulletins 40, 127 Register of Controlled Media Groups (RCMG) 38 Registrars’ Coordinating Committee (RCC) 68 regulation, better targeted 23, 37 regulatory arrangements 66-7 Regulatory Compliance Mark (RCM) 141 regulatory functions 36, 93, 126-9 regulatory impact analysis compliance report 221 remuneration, Senior Executive 133, 266-7 Repeal Day 1 12, 22, 37 Report 1—Australian SMEs in the digital economy 126 Report 2—Cloud computing in Australia 126 research and reporting 126-9 citizen and consumer safeguards 128 communications report series 126 cybersafety 128 digital identities and footprints 126 market developments 126-7 media content and culture 127 regulatory best practice and development 128 researchacma snapshot series 11, 126, 129 social and economic participation 127-8 spectrum research program 126-7 unsolicited communications and malware 126 researchacma 11, 126 areas of interest 126 snapshot series 11, 126, 129 resource taxes 62

responsibilities (the ACMA) 27 restack, digital dividend 15, 43-4, 47 restack coverage assessment project (ReCAP) 43

viewer impacts associated with restack channel planning 43-4 retransmission services 159-63 revenue collection 33 revenue and fees 61-5 risk management 132 Ritter, Jonquil 32, 147 Roads and Maritime Services, New South Wales 73 Robertson, Donald 32 role (the ACMA) 110-15 Ryan, Suzanne 112

S Safer Internet Day 122, 124 satellite coordination 49 satellite services 45, 106 SBS radio, non-breach findings 200 SBS television

captioning 114 no breach findings 194 schools, cybersafety information 121, 122, 125, 128 search engine advertising 75 security 132 Security Advisory Committee 132 Senior Executive Staff (SES) 131

common law contracts 133 performance payments 133, 134 remuneration 133, 266-8 Seven Network Australian content 110 Australian drama quota 110 children’s television content 111 700 MHz band 703-733 MHz paired band 47 758-788 MHz paired band 47 allocation 46, 47 clearing television broadcasting from 15, 43-4, 47 digital dividend auction 15, 46 early access to 15, 46-7 spectrum licences 47 technical framework review 52 transition of wireless microphones from 16, 45, 47 1775-1785 MHz band 52 Shehata, Alex Emad 85 Silleri, Kathleen 32 Sims, Rod 30, 31, 146 simulcast period 113 Sinclair, Rosemary 30, 31, 146 Skink Marketing Pty Ltd 79

312 | Index

small and medium enterprises (SME), and digital business research 126, 128 smartnumbers, auctions 64 smartphones

children’s use 112 Emergency+ app 101 take-up and use 129 Smith, Bridget 32 SMS spam 84, 85 social and economic participation 127-8 social media 12, 75, 141 Cybersmart program 122 marine radio information 55 spam and telemarketing 85 social networking services and cybersafety 122, 128 Southern Sydney Submarine Cable Protection Zone 71 space regulation 49 spam 13, 84-5, 127 anti-spam regulation in Australia— 10 years on 87 complaints, reports and enquiries 84-5 education initiatives 85 email, SMS and MMS 84 informal warnings 85 international cooperation 86 investigations and enforcement 85 stakeholder engagement 86 see also e-marketing Spam Act 2003 85, 86, 87 Spam Intelligence Database 87 special events interference resolution 78 licences 179-82 spectrum auctions 15, 33, 45, 62 spectrum licences 2 GHz band 45, 49 2.3 GHz band 45, 46, 52 2.5 GHz band 16, 45, 46, 52 3.4 GHz band 45, 46 27 GHz band 45 28 GHz band 46 31 GHz band 46 700 MHz band 15, 45, 46, 47, 52 800 MHz band 45, 46 1775-1785 MHz band 52 1800 MHz band 45, 46 1870-1880 MHz band 52 expiring 45, 46 taxes 64 spectrum licensing 52-3 Accredited Persons scheme 53-4 rail and safety control communications 53 regulatory arrangements 49 technical framework review 52-3 trades 53 spectrum management 47-50, 138 2.3 GHz band 45, 49 400 MHz band implementation 51-2

700 MHz band, early access to 15, 45, 46, 47 1800 MHz band 45, 46, 49 beyond the digital dividend 15-16 conversion of 2.5 GHz mid-band 16, 45, 46 expiring spectrum licences 45, 46 five-year outlook 48 international activities 49, 50, 105-6 mobile broadband activities 12, 50, 126-7 relocation of ENG services 45, 46, 49 spectrum research program 50, 126-7 sports broadcasts, gambling advertising

during live 23, 94-5, 127 staff 133-7, 150-6 ACMA Enterprise Agreement

2011-2014 133, 135 capability development and training 136 consultations and workplace relations 136-7 Creating Knowledge program 137 ethical standards 134 health and safety 134-5 mentoring program 136 non-salary benefits 133 numbers and profiles 133, 151-5 performance management 131, 137 performance payments 133, 134 productivity 138 professional streams 137 salary ranges 133, 156 surveys 134 Workplace Diversity Program 133 see also Senior Executive Staff (SES) stakeholder engagement

broadcasting licence fee information sessions 61 e-marketing 86 spam 86 telecommunications information sessions 61 wireless microphones 16, 45, 47, 53, 141 standard definition television (SDTV) 113 standards

children’s television 92, 112, 187, 188 digital television 68 electromagnetic compatibility 67 electromagnetic energy 68 fax marketing 83-4 international mobile roaming 116, 141 parental lock 68 program 88 radiocommunications 67, 73 technical 66-7, 68 telecommunications 67, 73 telemarketing 83-4 Standards Australia 66, 67, 68 State Emergency Service (SES) 101 statement of changes in equity 231 statement of comprehensive income 229

ACMA Annual report 2013-14 | 313

statement of financial position 230 statutory reporting 132 Stay Smart Online Week 124 strategic planning 135, 136 Studies Assistance Guidelines 136 submarine cable protection 71 subscription television

captioning 114 drama expenditure 113-14, 115 no breach findings 194 no findings 194 Summer 30 (prank radio call),

investigation 91 Sunday Night, investigation 91 sunsetting 37, 53, 59, 66, 67, 69 supplier auditing program 74-5 Sure Telecom 79 Surveillance Devices Act 2007 (NSW) 91 Swan Television & Radio Broadcasters

Pty Ltd 93 Sydney office 31, 135, 145

T tablets, children’s use 112 Tagged (cybersafety film) 122 Tanner, Giles 32, 147 TCN Channel Nine Pty Ltd (TCN) 19, 89, 111 TCP Code see Telecommunications

Consumer Protections (TCP) Code teachers, cybersafety information 121 Technical Advisory Group (TAG) 65, 148 technical regulation 65-71

priority compliance areas 72-3 technical standards 66-7, 68 Telco Blue Pty Ltd 85 Telco Service Holdings Pty Ltd 80, 85 Telcomo 79, 81 telecommunications

compliance 78-9 infrastructure regulation 70 numbering 58-61, 63-4 regulatory arrangements 66 standards 67, 73 Telecommunications Act 1997 61, 65, 68,

70, 71, 85, 117, 118, 121 disclosures 100, 210 Telecommunications Cabling Provider Rules 2000 69 Telecommunications Cabling Provider Rules

2000—Arrangements for Operation of the Registration System (No. 3) (2012) 69 Telecommunications (Carrier Licence Charges Act) 1997 63 telecommunications carrier licensing 57, 157

annual carrier licence charges 63 eligible revenue assessment 63 information sessions 61

telecommunications consumer compliance 21, 78-9 Telecommunications (Consumer Protection and Service Standards) Act 1999

116, 117, 211 Telecommunications Consumer Protections (TCP) Code 18, 78-83, 128, 141

the ACMA’s enforcement powers 78 complaints-handling investigations 82 compliance 21, 78-9 compliance attestations review 80 critical information summaries review 80 customer transfer investigations and review 81 direct debit investigations and review 82 enquiries and investigations about compliance 79-82 Optus investigations 82, 83 Telstra investigations 82-3 usage alert notifications review 80-1 Telecommunications (Customer Equipment

and Customer Cabling) Labelling Notice 2001 66 review 66 Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011 117 Telecommunications (Customer Service Guarantee—Retail Performance Benchmarks) Instrument (No. 1) 2011 117 Telecommunications (Emergency Call Service) Determination 2009 102, 211, 212 Telecommunications Industry Levy (TIL) 33, 62, 63 Telecommunications Industry Ombudsman (TIO) scheme 21, 78, 83, 100, 116 exemptions 116 membership 116 non-compliance 116 telecommunications infrastructure carriers’ rights and obligations 70 enquiries and complaints about carriers’ rights and obligations 70 mobile phone base station deployment 70 regulation 70 Telecommunications (Interception and Access) Act 1979 101, 210 Telecommunications (Low-impact Facilities) Determination 1997 70 Telecommunications (Numbering Charges) Act 1997 64 Telecommunications Numbering Plan 1997 58 Telecommunications (Service Provider— Identity Checks for Prepaid Mobile Carriage Services) Determination 2013 21, 100

314 | Index

Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) 12, 121

telecommunications services funding 62 Telecommunications (Types of Cabling Work) Declaration 1997 69 Telecommunications Universal Service

Management Agency (TUSMA) 33, 62, 100, 117 Telecommunications Universal Service Management Agency Act 2012 62, 63 Telecommunications Universal Service

Obligation (Location of Payphones) Determination 2011 117 Telecommunications Universal Service Obligation (Payphone Complaint Rules)

Determination 2011 117 Telecommunications Universal Service Obligation (Payphone Performance

Benchmarks) (No. 1) 2011 117 Telecommunications Universal Service Obligation (Public Consultation on the

Location or Removal of Payphones) Determination 2011 117 Teleloans Pty Ltd 85 telemarketing 120 the ACMA’s approach to compliance 83 advisory letters and informal warnings 83-4 complaints and enquiries 83 compliance 83-4 education initiatives 85 industry standards 83-4 investigations and enforcement 84 subscription fees 63 unsolicited 127 see also Do Not Call Register Telemarketing and Research Industry Standard 2007 83 telephone services, quality of service (QoS) 69 telephone-based emergency warning systems, disclosure of IPND data for 100 Teleus Pty Ltd 85 television licence area plans (TLAPs) 43 variations 56 Television Licence Fees Act 1964 64 Television Licence Fees Amendment Act 2013 65 Television Program Standard 23—Australian Content in Advertising 110 television transition to digital 43, 113 Telstra 84, 116, 117, 124 complaints-handling investigation 82 compliance with TCP Code 21, 82 Customer Service Guarantee (CSG) 117-18 digital dividend auction 15, 46 emergency call service 101 Integrated Public Number Database (IPND) 121

international data roaming investigation 82 local presence plan 119 Network Reliability Framework 118 payphone performance and removal 117 privacy investigation 83 reducing the volume of non-emergency calls to 000 and 112 numbers 101 Standard Marketing Plan (SMP) 117 standard telephone service provision 117 telecommunications code compliance 79, 80 Triple Zero service announcement 101 universal service obligation (USO) 117 as USO provider 62, 117 30 GHz band 46 31 GHz band 46 3.4 GHz band 45, 46 Tobacco Advertising Prohibition Act 1992

18, 90, 211 Today FM Sydney Pty Ltd 91, 212-13 Today FM Sydney Pty Ltd and Australian

Communications and Media Authority [2013] FCA 1157 and Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22 212-13 Today Tonight, investigation 90 Towards 2020—Future spectrum requirements

for mobile broadband 50 TPG Internet Pty Ltd 18, 102, 211-12 training and capability development 136 transformation projects 138 transition to digital television 43, 113 Transport and Logistics Industry Skills Council

(TLISC) 55, 56 trial certificates (carrier licences) 57 trial services, interception exemption 101 trigger events 42 Triple Zero (000), emergency call service 101

complaints 101 failure to provide access to 18, 101, 211-12 Telstra announcement 101 Triple Zero Awareness Work Group 101 Triple Zero Kids Challenge 101 Tumblr 141 TUSMA see Telecommunications Universal

Service Management Agency 20 GHz band 46 27 GHz band 45, 46 28 GHz band 46 Twitter 141

Cybersmart program 122 2 GHz band 45, 46, 49 2GB radio station, investigations 89-90 2.3 GHz band 45, 46, 49

technical framework review 52

ACMA Annual report 2013-14 | 315

2.5 GHz band conversion of mid-band gap 16, 45, 46 relocation of ENG services from 16, 45, 46 spectrum licences 16, 46 technical framework review 52

types of cabling work review 69

U universal service obligation (USO) 117 funding and subsidies 62 levies 63

unsolicited communications 127 compliance 83-5 compliance strategies and initiatives 85-6 de-registration of e-marketing code 96 spam and e-marketing 84-5 telemarketing and fax marketing 83-4

usage alert notifications review 80-1 Utel Networks 81

V VHF marine radio operator qualifications for recreational boaters 54-5 VHF radio channels 55 Victorian Taxi Services Commission 74 videoconferencing 143 Viewer Access Satellite Television (VAST)

service 44, 96 Vimeo 122 Virtual Classrooms 124 Vodafone 80, 82, 116, 117 VoIP services, quality of service (QoS) 69

W Wailea Australia Pty Ltd 85 website 16, 47, 78, 87, 88, 103, 129, 132, 134, 139

Cybersmart program 20, 121, 123, 124 Do Not Call Register 121 NBN-related material 119 Western Australia Submarine Cable Protection Zone Advisory Committee 149 White, Paul 32 wireless access services (WAS) 46, 126 wireless audio devices (WAD) 47 Wireless Institute of Australia (WIA) 55 wireless microphones 16, 45, 47, 53, 141 Work Health and Safety Act 2011 135 Work Health and Safety Champions 135

workforce planning 135, 136 working away from the office 129 Workplace Diversity Program 133 workplace relations 135-6 World Radiocommunication Conference 2015

(WRC-15) 50, 105 the ACMA hosts APG 15-3, Brisbane, 2014 106, 107 Wright, Andrea 32

Y Yahoo7 124 YouTube 112, 122, 126, 129, 141

Z Zone Telecom Pty Ltd 85

316 | Index

Sydney Level 5 The Bay Centre 65 Pirrama Road Pyrmont NSW

PO Box Q500 Queen Victoria Building NSW 1230

T +61 2 9334 7700 1800 226 667 F +61 2 9334 7799

Melbourne Level 32 Melbourne Central Tower 360 Elizabeth Street Melbourne VIC

PO Box 13112 Law Courts Melbourne VIC 8010

T +61 3 9963 6800 F +61 3 9963 6899

Canberra Red Building Benjamin Offices Chan Street Belconnen ACT

PO Box 78 Belconnen ACT 2616

T +61 2 6219 5555 F +61 2 6219 5353

acma.gov.au

Australian Communications and Media Authority—Report for 2013-14 (2025)

References

Top Articles
Latest Posts
Recommended Articles
Article information

Author: Prof. Nancy Dach

Last Updated:

Views: 5912

Rating: 4.7 / 5 (57 voted)

Reviews: 80% of readers found this page helpful

Author information

Name: Prof. Nancy Dach

Birthday: 1993-08-23

Address: 569 Waelchi Ports, South Blainebury, LA 11589

Phone: +9958996486049

Job: Sales Manager

Hobby: Web surfing, Scuba diving, Mountaineering, Writing, Sailing, Dance, Blacksmithing

Introduction: My name is Prof. Nancy Dach, I am a lively, joyous, courageous, lovely, tender, charming, open person who loves writing and wants to share my knowledge and understanding with you.