To: The Secretary of Commerce.
Pursuant to section 112 of the Radiocommunications Act 1989 ("the Act"), I hereby give you notice that it is part of the general policy of the Government, in relation to
your functions, duties and powers under the Radiocommunications (Radio) Regulations 1993 ("the regulations")-
(a) That there should be competition in the provision of telecommunication services; and
(b) That in the granting of licences consideration should be given to permitting a range of uses and users in any given frequency band; and
(c) That until a decision is made concerning the creation of management rights in the bands allocated for broadcasting services, licences granted, pursuant to regulations 12 and 14 of the Regulations, should be limited to:
(i) Maintaining the coverage of services provided by existing licensees; or
(ii) Facilitating the establishment of the service known as National Radio in the FM radio broadcasting band; or
(iii) Implementing new television broadcasting services where the primary objective is the promotion of Maori language and culture; or
(iv) Implementing new television broadcasting services where such services are undertaken otherwise than for profit; and
(d) That until a decision is made concerning the creation of management rights in bands that are subject to international planning processes for the introduction of new technologies and services, licences granted, pursuant to regulations 12 and 14 of the Regulations, should be limited to:
(i) facilitating the transition of existing licensed services to alternative frequencies;
(ii) demonstrating, subject to protecting existing licensed services, the operation of new technologies; and
(e) That licensing of New Zealand originated short wave radio broadcasting, in frequency bands below 30 MHz allocated to broadcasting under Article s5 of the ITU International Radio Regulations, should be consistent with the foreign policy of the Government of
New Zealand; and
(f) That adequate provision should be made, in common frequency bands where practicable, for the licensing of services operated by Government departments and Crown agencies, where the primary objective of such services is the protection of life and property; and
(g) That adequate provision should be made, pursuant to regulation 13 of the Regulations and in common frequency bands where practicable, for the licensing of classes of low-powered radio transmitters.
Pursuant to the above policies, I hereby direct you as follows:
1. Broadcasting-You shall not grant new licences for broadcasting services in the ranges of frequencies:
(a) 525 kHz to 1705 kHz (AM radio broadcasting band);
(b) 88 MHz to 108 MHz (FM radio broadcasting band);
(c) 494 MHz to 806 MHz (UHF television broadcasting band);
except where the granting of licences is necessary for the purpose of-
(i) Maintaining the coverage of services provided by existing licensees; or
(ii) Facilitating the establishment of the service known as National Radio in the FM radio broadcasting band; or
(iii) Implementing new television broadcasting services in the range of frequencies 582 MHz to 614 MHz, where the primary objective is the promotion of Maori language and culture; or
(iv) Implementing new television broadcasting services in the range of frequencies 614 MHz to 646 MHz, where such services are undertaken otherwise than for profit.
In considering applications for television licences under subsection (iv), you shall have regard to the following matters:
(1) The extent to which the proposal will increase the diversity of programme choice for the public;
(2) The extent to which the proposal will cater for non-commercial services not being provided on a national basis. These may include Parliamentary broadcasts, educational services such as foreign language programming, religious programming, coverage of minority sports, and New Zealand documentaries and short films;
(3) The extent to which the proposal provides access to local and regional programme makers;
(4) The extent of geographic coverage possible for non-commercial services, as determined by the capacity of the radio spectrum reserved for this purpose;
(5) The extent to which time, including prime time, is made available for non-commercial programmes;
(6) The extent to which the proposal can demonstrate that its overall objective is "not for profit";
(7) The likelihood that the proposal will be implemented if the application is approved;
(8) The extent to which the proposal contains sufficient accountability mechanisms to ensure that it delivers on its undertakings to provide services. Arrangements to ensure sufficient accountability in a proposal may include:
(a) Mechanisms for equitable allocation of air time among all interested users;
(b) Procedures for resolving disputes over allocation of time to users;
(c) Systems for ensuring efficient management of services;
(d) Processes for documenting the provision of satisfactory services to the full variety of audiences to which the proposal caters;
(e) Mechanisms for ensuring compliance by all users of the frequency with broadcasting standards.
(9) Any potential future public benefit from providing for the transition of services to digital transmission:
(10) Any other benefits that you consider the proposal may offer.
2. Telecommunications-You shall not grant new licences for telecommunication, including broadcasting, services in the ranges of frequencies:
(a) 1452 MHz to 1492 MHz;
(b) 1710 MHz to 2300 MHz;
(c) 11.7 GHz to 12.2 GHz;
except where the granting of short-term licences is necessary for the purpose of-
(i) facilitating the transition of existing licensed services to alternative frequencies;
(ii) demonstrating, subject to protecting existing licensed services, the operation of new technologies.
3. Application of this notice-You shall comply with the directions set out above in relation to all applications for radio licences, including applications made before the date of this notice but not dealt with before that date.
4. Revocation of previous notices-All previous statements of Government policy made, pursuant to section 112 of the Act, are hereby revoked.
Dated at Wellington this 23rd day of June 2000.
TREVOR MALLARD.
Acting Minister of Communications.