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.