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Legislative Assembly for the ACT: 2002 Week 7 Hansard (5 June) . . Page.. 1952 ..

MR HARGREAVES (continuing):

Applications for licences for new commercial broadcasting services will be invited only after the ABA has decided to make a new service available in a licence area plan. An applicant for a commercial broadcasting licence must be a company formed in Australia or in an external territory which has share capital.

The ABA performs its planning functions under part 3 of the Broadcasting Services Act. In particular, they are guided by section 23 of the act, which states in part:

In performing functions under this Part, the ABA is to promote the objects of this Act including the economic and efficient use of the radiofrequency spectrum, and is to have regard to:

(a) demographics; and

(b) social and economic characteristics within the licence area, within neighbouring licence areas and within Australia generally; and

(c) the number of existing broadcasting services and the demand for new broadcasting services within the licence area, within neighbouring licence areas and within Australia generally; and

(d) developments in technology ...

The ABA is also guided by the objects section of the act. The objects include:

(a) to promote the availability to audiences throughout Australia of a diverse range of radio and television services offering entertainment, education and information; and

...

(b) to provide a regulatory environment that will facilitate the development of a broadcasting industry in Australia that is efficient, competitive and responsive to audience needs; and

...

(c) to encourage diversity in control of the more influential broadcasting services; and

(d) to ensure that Australians have effective control of the more influential broadcasting services; and

(e) to promote the role of broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity; and

(f) to promote the provision of high quality and innovative programming by providers of broadcasting services; and

...

(g) to encourage providers of commercial and community broadcasting services to be responsive to the need for a fair and accurate coverage of matters of public interest and for an appropriate coverage of matters of local significance ...

In October 1998 the Australian Broadcasting Authority released a draft licence area plan for the Canberra market and proposed up to eight new radio services. The chairman of the ABA, Professor David Flint, said at the time:

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