7Purpose of Part 2

7 Purpose of Part 2

1. For paragraph 19(1)(b) of the Act, this Part clarifies the criteria specified in section 18 of the Act as they apply to a Service.

(2) If a Service does not comply with a particular provision of this Part, the Service may still be an open narrowcasting service under section 18 of the Act because of its individual characteristics.

8 Low power transmitter: urban centres and localities

A Service provided:

1. in an urban centre or locality; and
2. within the FM radio band; and
3. using a transmitter with a maximum effective radiated power of 1 watt or less;

is not an open narrowcasting service by reason only of the maximum effective radiated power of the transmitter used to provide the Service.

Note: In broad terms in the ASGS Edition 3, published by the ABS, an urban centre is a population cluster of 1,000 or more people while a locality is a population cluster of between 200 and 999 people.

9 Limited period

A Service is an open narrowcasting service if it is provided for:

1. a continuous period of not more than 30 days in any 12 month period; or
2. separate periods which, in total, are not more than 30 days in any 12 month period;

in accordance with the conditions of the transmitter licence or licences issued by the ACMA for the provision of a limited-period service.

10 Special event

A Service is an open narrowcasting service if it is provided for a continuous period of not more than 30 days to cover an event that:

1. has major cultural significance, sporting significance or other community significance; and
2. is organised by 1 or more persons.

Note: While it is likely that cultural and sporting events of major significance will be organised by 1 or more persons, it should not be presumed that all events are organised in a way that meet the requirements of this section. For example, events such as the Moomba Festival and the Sydney to Hobart Yacht Race are clearly organised. On the other hand, the ski season, which occurs if and when particular weather conditions exist, is an example of an event which is not an ‘organised’ event for the purposes of this section.

11 Pre-recorded, regularly repeated audio content

A Service is an open narrowcasting service if it has the following characteristics:

1. the content of the broadcasting service consists solely of not more than four hours of pre-recorded material, which is repeated in the same order; and
2. the material is not updated or otherwise varied more than once in any week.

Note: A service of this kind is also known as a pre-recorded, regularly repeated audio content service.

12 Information service

A Service is an open narrowcasting service if the content which it broadcasts:

1. relates only to specific information about a subject; and
2. does not include general news.

Note: Information services may include, for example, stock market reports, weather services, real estate information and entertainment information.

13 Religious service

(1) A Service is an open narrowcasting service if it is provided for 1 or more of the following purposes, and for no other purpose:

1. the propagation of religious beliefs, religious values and religious lifestyles;
2. the broadcasting of religious rituals and events of religious significance;
3. the provision of information and services relevant to religious beliefs, religious values and religious lifestyles.

(2) A Service does not comply with subsection (1) if the content broadcast by the Service includes material that is not relevant to 1 or more of those purposes.

Note: ‘Mainstream’ music which has no obvious religious significance, and is not broadcast for the purpose of analysis or commentary, is material that is not relevant to the purposes mentioned in subsection (1).

14 Non-English language service

A Service is an open narrowcasting service if the content which it broadcasts is provided:

(a) wholly in a language other than English; or

(b) in a language other than English, except to the extent that the broadcasting service includes content in English that is incidental to the provision of the service in the other language.

Note: Examples of incidental content for paragraph (1)(b) include interviews broadcast in English with a translation into the other language, and broadcasts in English of station identification.

15 Racing service

(1) A Service is an open narrowcasting service if it has the characteristics set out in subsections (2), (3) and (4).

(2) At least 80% of the content of the Service on a day (except Christmas Day or Good Friday) is:

(a) descriptions of any combination of horse races, harness races and greyhound races; and

(b) the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and

(c) material (such as music, news reports, weather reports, announcements and advertisements) that is:

(i) incidental to the provision of the content mentioned in paragraphs (a) and (b); and

(ii) provided only during periods between particular races on that day; and

(iii) provided to the minimum extent practicable between particular races; and

(iv) provided for a total of not more than 15 minutes in each hour of the day.

Note: For subparagraph (2)(c)(iv), the hours to be used are the hours starting at midnight, 1am, 2am, and so on.

(3) A significant proportion of the content of the Service other than the content described in subsection (2) is:

(a) relevant to horse racing, harness racing or greyhound racing; or

(b) of interest mainly to persons involved in horse racing, harness racing or greyhound racing.

(4) The Service is promoted, in the content which it broadcasts:

(a) as a service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or

(b) using the words ‘racing radio service.’

16 Ancillary service

A Service provided by way of an ancillary communication service is an open narrowcasting service.

Note: A service of this kind is provided using a subcarrier channel.

17 Services targeted on the basis of age of audience

(1) A Service targeted to persons less than 10 years old is an open narrowcasting service.

(2) If subsection (1) does not apply, a Service is not an open narrowcasting service by reason only of its being targeted to persons of a particular age, or a particular range of ages.

Note: If a broadcasting service is targeted at an audience described in terms such as ‘Generation X’ or ‘baby boomers’, the broadcasting service is likely to be targeted to persons of a particular age or range of ages.

18 Groups other than formal groups

A group is able to be a special interest group for the purposes of subparagraph 18(1)(a)(i) of the Act whether or not the group is organised on a formal basis.
Subsection (1) is not intended to affect the operation of section 17.