 From CBF
The Communications Legislation Amendment (Miscellaneous Measures) Bill 2008 to amend the Broadcasting Services Act 1992 (the BSA) was passed in parliament last week. A boring minor amendment to legislation, but one that will make a difference to community broadcasters seeking a little discretionary help from ACMA when renewing their licences.
Government Minister Anthony Albanese (pictured) presented the Bill to the house "to give ACMA the discretion to consider late applications for renewals of community broadcasting licences that are made up until the expiry date of the licence."
Currently the ACMA has no discretion to accept an application for renewal of a community broadcasting licence after 26 weeks prior to the licence expiry date. The purpose of the amendment is to give the ACMA the discretion to consider late applications while ensuring that the regulator still has adequate time to consider the merits of the renewal application.
There was general support for the community radio from both sides of the house during the debate.
Mr Albanese said: "The amendments will allow the ACMA to renew the licence of a community broadcaster, providing a valuable public service, even if the renewal application is late, as long as the lateness is explained to ACMA's satisfaction. The amendments recognise that many community broadcasters have limited administrative resources. However, it is not expected that the acceptance of late applications will be standard practice but instead that ACMA's discretion to accept late applications would only be exercised in exceptional circumstances. These proposed amendments will prevent situations where ACMA cannot consider applications to renew community broadcasting licences if the licensee misses the application deadline."
This happened to 3CCC Bendigo, a community broadcaster for 25 years. ACMA could not consider renewing their licence in 2006 because they lodged a late application.
Albanese commended the community broadcasting sector, saying: "Community broadcasting provides important services to local communities and supports diversity in the broadcasting sector. It gives voice to small communities and an outlet for contemporary Australian music, and the wide variety of programs enriches our Australian culture."
The amendments were supported by both sides of the House of Representatives, with the opposition calling it a "common sense bill."
Speaking to the debate, Member for Fisher Peter Slipper said: "In our respective electorates we all have community radio stations. These stations operate in the community using the services of volunteers. They have very few paid staff, but they do provide a valuable service to the community, all of them in their own way carry out a particularly important role. It is not appropriate that we always ought to have the same rules applying to community radio as perhaps to other broadcasters. Because these community radio stations are often run by volunteers who are not paid, it is not realistic to expect that they will always dot the i's and cross the t's as you would require of a commercial broadcasting operation. It is a pity that adequate flexibility has not been in the legislation until now. I believe this bill, which is supported by both sides of the House, ought to pass through the parliament as quickly as possible."
Source: CBF
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