1454 NEW ZEALAND GAZETTE, No. 56 24 MAY 2007

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

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

(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;

(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;

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

(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;

(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 whānau,
hapū and iwi are integral to any description of that
life;

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

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

(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) implementing new television broadcasting services
where the primary objective is the promotion of
Māori language and culture; or

(iii) 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; and

J That until a decision is made concerning the outcomes
of the review of security of tenure for radio licences,
no further changes to the spectrum allocations for land
mobile bands (as set out in Issue 5 of the Public
Information Brochure 21) will be made.\n
Pursuant to the above policies, I hereby direct you as
follows:

I. 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 12.75 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) implementing new television broadcasting services
in the range of frequencies 582 MHz to 614 MHz,
where the primary objective is the promotion of
Māori language and culture; or

(v) implementing new television broadcasting services
in the range of frequencies 614 MHz to 646 MHz,
where such services are undertaken otherwise than
for profit; or

(vi) facilitating the short-term operation of non-
broadcasting services in the range of frequencies
494 MHz to 518 MHz for specific events.

In granting applications for radio licences for television
services under subsection (v), you shall have regard to the
following matters:

1. The extent to which the proposed service contributes
   to Government’s broadcasting objectives.