Commercial TV

Commercial television licences are issued under the Broadcasting Services Act 1992 (the Act) by the Australian Communications and Media Authority (ACMA). These licences authorise the provision of commercial television services within a relevant licence area.

As of 17 January 2011, the ACMA had issued a total of 67 commercial television broadcasting licences, 58 of which were in operation in various licence areas throughout Australia. Most of these are operated by the larger metropolitan or regional television networks. Some licences are for digital-only services, including four that relate to the provision of TEN WEST in regional and remote Western Australia, which commenced in June 2010.

The three major metropolitan television networks—Seven, Nine and Ten—provide broadcasting services in metropolitan areas and on-sell content to regional broadcasters, including the three major regional networks—WIN, Prime and Southern Cross.

Commercial television broadcasting services are subject to a regulatory regime established under the Act. Regulation includes limits on audience reach, cross-media holdings and licence numbers.

The ACMA has primary responsibility for administering the regulation of commercial television under the Act. In this capacity the ACMA is responsible for:

• the planning of broadcasting spectrum
• the allocation, renewal, suspension and cancellation of broadcasting licences and the collection of licence fees
• monitoring compliance with ownership and control rules
• assisting in the development of industry codes of practice
• developing and administering program standards
• investigations into the broadcasting industry.

Australia’s media industry remains a sensitive sector under the government’s Foreign Investment Policy. This means that any foreign investor who seeks more than five per cent equity in an Australian media company must apply for approval from the Treasurer, who may grant that approval subject to certain conditions. More information about the government’s Foreign Investment Policy is at www.firb.gov.au.