7 OCTOBER THE NEW ZEALAND GAZETTE 3275

"The warrant holder shall not substantially depart from
the basic format and content of its proposed pro-
grammes or the type or extent of the services
intended to be provided at the time of the grant of the
warrant without the prior consent of the Broad-
casting Tribunal and subject to any conditions that the
Tribunal might impose in the public interest."

The mixed polarisation is to be used will be slant.

Allocations of frequencies will be made after the parties
have had the opportunity to make representations to the
Tribunal.

The Tribunal acknowledges the assistance it has received
from counsel for all the parties who co-operated in the
adequate exchange of information and evidence before the
hearings, and who assisted the Tribunal in endeavouring to
reduce the time taken for the hearing. The Tribunal has been
substantially aided by very full and clear submissions.

Dated the 30th day of July 1982.

For the Tribunal:

B. H. SLANE, Chairman.

Direction to Broadcasting Tribunal in Connection with the
Development in New Zealand of a Frequency Modulation
(FM) Broadcasting Service

To the Broadcasting Tribunal

PURSUANT to section 68 (1) of the Broadcasting Act 1976, I,
Warren Cooper, the Minister of Broadcasting—

(1) Give you notice that the Government has considered
your report to me on the Development of Frequency Modula-
tion Broadcasting in New Zealand; and

(2) Give you notice that it is part of the general policy
of the New Zealand Government in relation to broadcasting—

(a) That a frequency modulation (FM) broadcasting service
be developed as an integral part of sound-radio
broadcasting in New Zealand;

(b) That frequency modulation (FM) broadcasting be
introduced in New Zealand without delay; and

(c) That the Broadcasting Corporation of New Zealand
should, by the use of frequency modulation (FM)
broadcasting, extend its Concert Programme to pro-
vincial areas which radio reception of that pro-
gramme is not at present satisfactory; and

(d) That the Broadcasting Corporation of New Zealand
should, as its resources permit, progressively convert
the YC stations (which are the stations from which
its Concert Programme is transmitted) to frequency
modulation (FM) broadcasting; and

(e) That short-term frequency modulation (FM) broad-
casting authorisations be authorised under section 76
of the Broadcasting Act 1976 for community pur-
poses; and

(f) That, outside the larger urban areas, local groups
should be encouraged to establish locally owned
radio broadcasting stations (on a commercial or non-
commercial basis or on a basis that is partly com-
mercial and partly non-commercial) to relay pro-
grammes from other warrant holders as well as to
develop some elements of local broadcasting for
limited periods; and

(g) That the development envisaged in paragraph (f) of
this clause should be facilitated by networking
arrangements that permit local programming as well as
a choice of network programmes; and

(h) That except where, without simulating, an economically
viable service to an area would not be feasible for
many years and except as provided in paragraph (i)
of this clause, simulcasting by AM and FM stations
covering the same areas should not be permitted; and

(i) That simulcasting of news, current affairs, special events,
and simulcasting with television should be permitted;

and

(j) That holders of warrants in respect of existing stations
shall be permitted to hold warrants or interests in
warrants in respect of FM broadcasting stations;

and

(k) That applications by newspaper companies for sound-
radio warrants in respect of FM broadcasting stations
should be considered on their merits together with
applications of other applications; and

(3) Give you notice that, included within the recommenda-
tions in respect of which the Government has still to formu-
late its general policy, are the recommendation set out on
pages 11 to 15 of your report and numbered (2), (9), (43),
(45), (46), (47), (55), (56), (57), (58), and (59); and

(4) In pursuance of the general policy of the Government
as outlined in clause (2), direct that you shall,—

(a) Call without delay for applications for sound-radio
warrants in respect of 2 commercial frequency
modulation broadcasting stations to be established in
Auckland; and

(b) Invite prospective applicants for sound-radio warrants
in respect of commercial frequency modulation broad-
casting stations to be established in areas outside
Auckland to file with you notice of intention to apply
for such warrants; and

(c) After considering any representations made by prospec-
tive applications, establish the order for warrant hear-
ings having regard to the notices of intention
received; and

(d) Thereafter call progressively for applications for sound-
radio warrants in respect of commercial frequency
modulation broadcasting stations to be established
in areas outside Auckland; and

(5) In pursuance of that policy, direct that you shall, in
carrying out the direction contained in clause (4), note that—

(a) Frequency modulation broadcasting should be developed
first in the band 88–93 MHz, and then in the band
94–100MHz as other services are cleared; and

(b) The frequency assignment plan, which is to be based
on 50 kHz channel spacing, is to be prepared and
maintained by the Post Office; and

(c) Channel spacing is to be reviewed in 1986; and

(d) It is to be a principle, in relation to the frequency
assignment plan, that some frequencies are to be kept
unassigned to permit later developments in FM
broadcasting that may not be foreseen at present;

and

(e) A frequency is not to be assigned to any frequency
modulation broadcasting station or amplitude modula-
tion broadcasting station simply because that
frequency is available; and

(f) As a general principle and subject to paragraph (g)
of this clause, the recommendations of the Inter-
national Telecommunication Union’s International
Consultative Committee on Radio (CCIR) on signal
strength standards for reception should be the basis
for determining coverage objectives and the effective
radiated power of proposed frequency modulation
transmitters; and

(g) You may, in consultation with the Post Office, vary
the standards referred to in paragraph (f) of this
clause where you consider it necessary but, in making
any such variation, you shall have regard to the
importance of conserving frequencies and of avoid-
ing interference with other services; and

(h) Subject to paragraph (1) of this clause, FM transmitters
should be co-sited, where practicable, with television
transmitters; and

(i) Where co-siting is not practicable and paragraph (1) of
this clause does not apply, siting of an FM trans-
mitter within approximately one kilometre of a
television transmitter is to be preferred; and

(j) As a general principle medium and high powered FM
transmitters should be located at efficient transmission
sites outside urban areas; and

(k) It is envisaged that where difficulties arise between a
warrant holder and the Broadcasting Corporation of
New Zealand in establishing a mutually acceptable
co-siting agreement, the difficulties should be settled
by arbitration; and

(l) Low-powered transmitters need not be co-sited with
television transmitters; and

(m) The location of transmitters not co-sited shall be chosen
with regard to achieving compatibility with other
services and efficient use of FM broadcasting
frequencies; and

(n) The same sense slant polarisation shall be used for all
FM broadcasting but you may, in your discretion,
permit a different type of mixed polarisation if it is
justified for any particular transmission; and

(6) Hereby revoke the notice which was dated the 23rd
day of February 1981 and which was given to you under
section 68 (1) of the Broadcasting Act 1976*.

Dated this 27th day of October 1981.

WARREN COOPER, Minister of Broadcasting.

*Gazette, 1981, p. 415