Structure and formatUp one level
Given that there are two distinct categories of common elements, the most logical format for licence agreements is in two parts.
The first part (labelled Part A in the attached draft licence agreement template — Appendix 1), contains elements that are identical or near identical for all licences. They include:
- definitions of terms used in the first part of the agreement;
- requirements to comply with the licence agreement's terms and conditions;
- requirements to comply with broadcasting codes of practice;
- implementation (use or lose) conditions;
- requirements to maintain verifiable records;
- annual reporting requirements;
- complaints mechanisms;
- audit by the managing agency; and
- enforcement mechanisms available to the managing agency.
The second part (labelled Part B in Appendix 1) contains elements that are unique to the particular class of licence. They include:
- definitions of terms used in the second part of the agreement;
- the licence type [eg, non-commercial, Māori, local commercial FM];
- the period of tenure of the licence agreement (normally the life of the associated licence) and its renewal conditions;
- the Government's policy statement in respect of the licence type;
- governance requirements — who may own, control and operate the licence;
- permitted sources of revenue for the broadcasting operation; and
- type, duration and quality of broadcast content.
It is noted that not all sections of Part B will apply to all licences — for example, there would be no conditions governing revenue sources in local commercial FM broadcasting licence agreements.
The main elements are considered individually in the following sections.