Non-Commercial Radio or Television Licences

The Ministry for Culture and Heritage works in consultation with the Ministry of Economic Development Radio Spectrum Management Group to allocate non-commercial radio and television licences. The RSMG must establish that a frequency is available, and is responsible for managing the engineering process and allocating the frequencies.

The RSMG deals with all commercial licences, which are auctioned periodically. This process is separate to any consideration of a non-commercial licence. If, in the event a radio broadcaster operating on a temporary-pending auction commercial licence fails to secure the licence at auction, this does not automatically entitle the broadcaster to apply for a non-commercial licence – unless it fulfills the non-commercial criteria.

Please contact the RSMG at the Ministry of Economic Development should you wish to find out more information regarding commercial licences, or alternatively see: http://www.med.govt.nz/RSMG/licensing/index.html

The Ministry for Culture and Heritage's responsibility is to ensure that an application for a non-commercial licence fulfills the criteria for non-commercial radio or television before it is granted.

Only a limited number of non-commercial licences are available. The availability of a non-commercial licence is dependent on:

• The availability of a non-commercial frequency.
• The number of non-commercial broadcasters already operating in a particular region, and the nature of services proposed.

There are a number of blocks of future frequencies in the upper FM band which the government has reserved pending decisions on their use. It is expected that these decisions will be made in 2006. In the meantime, none of these frequencies are available for allocation.

It may be possible for the RSMG to engineer small numbers of frequencies in the AM and lower FM band, which are potentially available for the use of non-commercial broadcasters in specific regions around New Zealand. Before the Ministry for Culture and Heritage will consider any expressions of interest for a non-commercial frequency, RSMG must confirm that a frequency is available for the purpose of non-commercial broadcasting. Currently, no non-commercial frequencies are pre-engineered in the larger urban centers.

Please note that if RSMG can engineer a frequency or confirm that a non-commercial frequency is available, the Ministry for Culture and Heritage will then call for expressions of interest for that frequency. A broadcaster can then make an application for that frequency.

An expression of interest process is conducted to ensure that the licence is awarded to the most suitable applicant, namely a broadcaster which best fulfills the criteria for a non-commercial radio or television station and does not duplicate current services. The expressions of interest process occurs regardless of any earlier involvement of an applicant in initiating an application for a previously unallocated frequency through the RSMG. “Discovering” a non-commercial frequency does not entitle the applicant to that licence.

The Ministry for Culture and Heritage reserves the right to not grant the frequency to any applicant should no applicant meet the criteria under the policy guidelines for non-commercial broadcasters.

Further information and forms

• Further information on the criteria for non-commercial licences.
• Complete a Ministry for Culture and Heritage non-commercial radio and television licence form to register your interest in a non-commercial licence.
• You can print out a non-commercial expressions of interest information pack and application form* please download the EOI pack here (pdf, 218k).

Please note that unless you have already contacted RSMG regarding the availability of a non-commercial frequency, the Ministry for Culture and Heritage is unable to consider an application for a non-commercial licence*.

*Alternatively you can contact the Ministry for Culture and Heritage on:

email non-commercial@mch.govt.nz

phone  04 499 4229   or alternatively  04 496 6330

Non-Commercial Radio or Television Licences Policy Guidelines

The non-commercial policy guidelines are to ensure that new non-commercial community and access services do not duplicate services which are already provided by existing commercial and non-commercial broadcasters.

The purpose of the guidelines is also ensures that the programming of non-commercial community and access stations is focused on the needs and interests of the audiences they serve.

The definition of a non-commercial licence holder is:

• the applicant does not hold the licence rights to another frequency in the same location which could be used for the purpose;
• the constitution or articles of the association of the applicant or funding organisation show it to be clearly non-profit in nature;
• the applicant can demonstrate it does not intend to operate its service at a profit and can identify a permanent fund-raising mechanism to cover its costs, and is demonstrably financially viable and sustainable within existing public funding arrangements ;
• the format the applicant proposes is not operated by other stations on a “for profit” basis, and must complement and provide alternative services to those offered by existing broadcasters;
• the applicant is not primarily intending to raise funds for charitable purposes;
• the applicant is not paying higher than market rates for salaries or for other services. Such rates of payment would be taken to indicate a de facto commercial service, where proprietors received financial benefits for their services;
• advertising (or decoder revenue) is not planned to be more than 50% of the revenue. Taken as a general guideline, this would demonstrate the good faith of the organisation in respect of its intentions to operate on a non-profit basis; and
• the service is driven by programming tailored to a particular audience rather than the need to deliver a desired audience for advertisers.

To be considered for a licence issued for the purposes of non-commercial community and access broadcasting the proposed service must :

• Contribute to Government's broadcasting objectives.
• Be consistent with the definition of a non-commercial broadcaster.
• Be capable of commencing service within 3 months of an offer of a radio licence; and within two years for television licences.

The following will be taken into account when deciding on the allocation of licences for the purposes of non-commercial community and access broadcasting:

• The extent to which the proposal increases the diversity of programme choice for viewers or listeners.
• The extent to which a proposal can provide non-commercial services not being provided on a national level. 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.
• The extent to which the proposal provides access to local and regional programme makers.
• The extent of geographic coverage possible for non-commercial services, given spectrum capacity.
• The extent to which time is made available for non-commercial uses, including prime time.
• The extent to which the proposal can demonstrate that its overall objective is “not for profit”.
• The prospect that the proposal will be implemented.
• The extent to which the proposal contains sufficient accountability mechanisms to ensure that it delivers on its undertakings to provide services.
  Arrangements may include:
• Mechanisms for equitable allocation of air time among all interested users.
• Procedures for resolving disputes over allocation of time to users.
• Systems for ensuring efficient management of services.
• Provision of satisfactory services to the full variety of audience to be catered for.
• Mechanisms for ensuring compliance by all users on the frequency with broadcasting standards.
• any potential future public benefit from providing for the transition of services to digital transmission.
• any other benefits the proposal may offer.