2 MAY NEW ZEALAND GAZETTE 1259

the general policy of the Government, in relation to your
functions, duties and powers under the Radiocommunications
Regulations 2001 ("the regulations")—

A That for the purposes of this notice, any applicant for a
non-commercial broadcasting licence must meet the
following criteria:

(i) The applicant must not be a rightholder of a
spectrum licence which could be used for the
purpose; and

(ii) the constitution or articles of association of the
applicant or funding organisation show it to be
clearly non-profit in nature; and

(iii) the applicant can demonstrate that it does not
intend to operate its service at a profit, can identify
a permanent fund-raising mechanism to cover its
costs, and is demonstrably financially viable and
sustainable within existing public funding
arrangements; and

(iv) 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; and

(v) the applicant is not primarily intending to raise
funds for charitable purposes; and

(vi) 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; and

(vii) 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

(viii) the service is driven by programming tailored to a
particular audience rather than the need to deliver a
desired audience for advertisers; and

B That the Government’s broadcasting policy objectives
are to:

(i) ensure that all New Zealanders have reasonable
and regular access to broadcasting representing
the uniqueness and diversity of New Zealand
life, recognising that the histories and stories
of whanau, hapu and iwi are integral to any
description of that life; and

(ii) meet the information and entertainment needs of as
many interests as reasonably possible, including
those that cannot be met by commercial
broadcasting; and

(iii) contribute to public awareness of and participation
in the political and social debates of the day; and

(iv) provide for minority interests and increased choice;
and

(v) encourage innovation and creativity in
broadcasting while aiming to continually increase
audience satisfaction with the quality of the
content; and

C That there should be competition in the provision of
telecommunication services; and

D That in the granting of radio licences, consideration
should be given to permitting a range of uses and users
in any given frequency band; and

E That until a decision is made concerning the creation of
management rights in bands allocated for broadcasting
services, radio licences granted pursuant to Regulation 8
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

F 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, radio licences granted
pursuant to Regulation 8 of the Regulations should be
limited to:

(i) facilitating the transition of existing licensed
services to alternative frequencies; and

(ii) demonstrating, subject to protecting existing
licensed services, the operation of new
technologies; and

G 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

H 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

I That adequate provision should be made, pursuant to
Regulation 9 of the Regulations and in common
frequency bands where practicable, for the licensing of
classes of low-powered radio transmitters.\n
Pursuant to the above policies, I hereby direct you as
follows:

1. You shall not grant new radio licences for services in the
   ranges of frequencies:

(a) 525 kHz to 1705 kHz;
(b) 88 MHz to 108 MHz,
(c) 494 MHz to 806 MHz;
(d) 1461.5 MHz to 1490 MHz;
(e) 11.7 GHz to 12.2 GHz;

except where the granting of radio licences is necessary for
the purpose of:

(i) maintaining the coverage of services provided by
existing licensees; or

(ii) facilitating, by means of short-term licences, the
transition of existing licensed services to alternative
frequencies; or

(iii) demonstrating, by means of short-term licences and
subject to the protection of existing licensed
services, the operation of new technologies; or

(iv) facilitating the transfer of the service known as
National Radio to the range of frequencies 88 MHz
to 108 MHz; or

(v) 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

(vi) implementing new television broadcasting services
in the range of frequencies 614 MHz to 646 MHz,