Public Broadcasters - Radio New Zealand (RNZ) and Television New Zealand (TVNZ)
29. RNZ is required to deliver broadcast services of a nature determined by the Radio New Zealand Act 1995 and the Charter therein. RNZ was issued licences for its broadcast services under the Radiocommunications Act 1989, subject to conditions of use specified in s174-178 of the Act, and has since been issued additional licences without charge.
30. It is recommended that licences granted to RNZ for provision of its public broadcast services be renewable, without charge, as non-transferable licences with appropriate limiting conditions, including requirements equivalent to s174-178 of the Radiocommunications Act where relevant. It is noted that National Radio has commenced FM broadcasts in many areas, and Cabinet has agreed that AM frequencies vacated as a result of this change will be reallocated or auctioned as soon as is practical [CAB Min (01) 34/5A refers].
31. TVNZ's services use mainly VHF-TV licences allocated on a commercial basis by the Radiocommunications Act 1989. Reallocation decisions on these licences will be made closer to their expiry date (2015).
32. TVNZ has a number of UHF-TV licences expiring in 2010, acquired through auction. It is understood that TVNZ is to propose a third channel which would use some of these licences.
33. As a public broadcaster with statutory functions, TVNZ may propose new public broadcasting services that use its UHF-TV licences. It is recommended that, if Cabinet receives such a proposal, it will consider issuing TVNZ the relevant spectrum licences without charge, provided that:
- such licences are non-tradable and issued on conditions limiting their use to the purposes for which they were issued, and allowing for their cancellation in the event that related operations either cease or fail to commence within a reasonable period;
- should such a proposal be accepted by Cabinet prior to offers being made or an auction being held, the relevant rights will be removed from the commercial expiry of rights process; and
- should such a proposal be accepted by Cabinet following any agreement by TVNZ to purchase the relevant licences from the Crown, any agreement to purchase the rights would need to be terminated.
34. Unless and until such a proposal is approved by Cabinet, TVNZ's UHF-TV licences will be treated as commercial rights.
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