1 Media Concentration in Australia Franco Papandrea and Rodney Tiffen 1. Introduction Australia has the media profile of an economically advanced, mature and stable democracy. It has long had close to universal literacy and among the highest life expectancies in the world (Tiffen, and Gittins, 2009). To understand its contemporary media mix one must understand the legacy of former local industry development structures and of the effect of domestic policies and regulations. Australian history was shaped by the tyranny of distance (Blainey, 1968), not only internationally but domestically. At the time of federation in 1901, it took a week to sail from Perth to Sydney. Most media markets were local, reflecting local interests and advertising markets, as well as bowing to logistical necessity. It is only in more recent generations that national media markets and their economies of scale as well as international integration have developed. Some traditional media sectors, particularly broadcasting, have been and continue to be subject to extensive regulation. Others, such as telecommunications, although highly competitive after liberalisation, are largely dominated by the former publicly-owned monopoly operator. While the growth of the Internet has been instrumental in the development of new media and the emergence of some new globally powerful operators, at the local level, its influence on concentration of traditional media has been, at best, weak. In the Australian context, for example, access to domestic news continues to be confined largely to traditional media sources which now also control some of the most popular domestic news sites on the Internet. Broadcast television and radio from their early beginnings were developed with a dual commercialpublic structure with services widely distributed throughout the country. Entry to the commercial broadcasting industry, which is funded exclusively from advertising, is strictly controlled by licensing. There are two separate and independent public broadcasting corporations, the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS). Apart from some relatively minor income generated from its ancillary business activities, the ABC is funded entirely from the public purse. The overwhelming proportion of SBS funding also comes from the public purse. However, unlike the ABC, SBA is permitted to raise part of its operational funding from the sale of advertising. At present, most urban and regional population centres are served by three commercial television services, several commercial radio services (at least two in each area) and the television and radio services of the ABC and SBS. The newspaper sector is entirely commercial. It is still largely city based, although as in television, the two key markets are Sydney and Melbourne, which constitute around 43 per cent of the country’s population. They are the only cities with competing, locally-produced daily newspapers. A single daily newspaper is published in other major urban centres and many regional centres. Many diverse magazine titles are published on a regular weekly or monthly basis. The print media are highly concentrated by world standards. Multichannel subscription television was a relatively late-comer in Australia largely because of regulatory prohibitions aimed at insulating commercial free-to-air television from competition. The first licenses were issued in 1997. According to the Australian Subscription Television and Radio Association only 34 per cent of the population had subscription television in 2011 (http://astra.org.au/pages/facts-figures). Current regulatory provisions constrain access of subscription television providers to broadcasting rights for popular sporting events. 2 The Australian film and television production industry is the beneficiary of substantial direct and indirect financial assistance from Federal and State film support agencies. It also benefits from domestic content regulations imposed on free-to-air and subscription television operators. An average of up to 30 feature films are produced each year with approximately half of total production expenditure coming from a small number of high-budget foreign features filmed in Australia. Box office revenue is dominated by foreign feature films and distribution is predominantly controlled by international film distributors. Usage of new media is widespread with 74 per cent of the population aged 15 or more years being regular users of the Internet (Australian Bureau of Statistics (ABS), 2010). There are several hundred, mainly small, ISPs providing services to the public. Larger ISPs are associated with the major Australian telecommunications carriers. The search engine sector is dominated by Google. 2. The Issues Media concentration has a long and vexed history in Australia. It goes back to the early days of the development of radio when legislators became concerned about increasing concentration of licenses in the hands of newspaper owners. As a consequence, regulatory limits were imposed in 1935 restricting multiple ownership of radio licences at the local, state and national levels (Joint Parliamentary Committee on Wireless Broadcasting, 1942). Similarly, when television was introduced in 1956, ownership limits prevented any one individual or entity from more than one licence in one area or more than two nationally. As was the case for radio, the new medium was quickly dominated by newspaper proprietors. Notwithstanding the long-standing concern with the extension of newspaper influence to other media, specific cross-media ownership restrictions were not introduced until 1987. When introducing the cross-media restrictions the then Minister for Communications argued that they were needed to ‘curb major expansion in television by existing newspapers and radio interests which already have considerable influence over the formation of public opinion’ (Duffy, 1987). Almost a decade after their introduction, the cross-media rules became the focus of a major political debate between the new Conservative Government intent on their removal and the opposing political forces. After several years of debate, legislation abolishing the restrictions was passed in October 2006. The amending legislation introduced the concept of media diversity limits in local media markets designed to prevent concentration of independent media voices to below five in metropolitan areas and below four in regional areas. Given the existence of restrictions on multiple ownership of radio or television licences in individual local markets, the 2006 media diversity rules were largely redundant or ineffective in preventing media concentration (Papandrea, 2006). The introduction of cross-media rules in 1987 was partly intended as a counterbalance to the concomitant replacement of the previous constraint of common ownership of more than two stations with a broader rule that allowed common ownership of any number of stations provided their aggregate reach did not exceed a prescribed share of the national population. Subsequent to the change, the widely diffused ownership structure of the commercial television broadcast industry was transformed to one of considerable concentration with the formation of three urban networks covering the major metropolitan centres and two regional networks. Consequently, the removal of the cross-media rules not only entrenched the relatively concentrated industry structure but also opened the doors to the extension of concentration across different media. Another potential avenue for dilution of ownership concentration in the broadcast television industry has also been blocked by government imposed moratoria and/or prohibitions on the issue of new commercial television licences that have been in place for more than two decades and are to remain in force at least until 3 the completion of digital terrestrial broadcasting conversion of the industry due for completion by the end of 2013. Like broadcast television, broadcast radio was also affected by the changes in cross-media ownership rules. For radio, however, the strict multiple ownership limits introduced in 1935 were removed by the promulgation of the Broadcasting Services Act 1992. Since then, the only remaining restriction is a limit of no more than two stations in common ownership in individual licence areas. There are no limits on the number of licences that can be held in common ownership in different local markets. The removal of the cross-media rules has seen the re-emergence of common ownership of radio licences and newspapers (APN News and Media), and broadcast radio and broadcast television (Southern Cross Media Group). Other media industries are not subject to specific ownership regulation. Starting in 1991 the telecommunications sector underwent progressive reforms transforming the sector from publicly owned monopoly operations to a fully competitive market structure. The transformation began with the establishment of a second fully privatised carrier (Optus) providing wireline and wireless services in competition with the publicly-owned former monopoly carrier (Telstra). A third mobile operator was licensed and entered the market in 1993. The Telecommunications Act 1997 introduced a fully competitive market starting 1 July 1997 and Telstra was subsequently progressively fully privatised. Telstra’s former monopolist’s status and ownership of the wireline consumer access network (notwithstanding a regulatory regime guaranteeing access to other carriers) has provided it with an ongoing advantage over its new entrant competitors. Tesltra was also able to use its position as Australia’s dominant wireline carrier and largest wireless carrier to establish itself as the largest ISP. Widespread access and use of the Internet has brought many changes with major implications for media industries. However, the hoped-for multi-fold increase in news sources and consequential mitigation of concentration in traditional media has only partially materialised, particularly with regards to new sources of domestic news. In the domestic arena, little has changed since the Productivity Commission (2000) pointed out that the majority of Australians who were getting their news from the Internet were accessing the sites of the established traditional media organisations. So far, Crikey.com is the only significant independent alternative Australian news site established on the Internet. 3. Concentration in Media Industries Australian media industries have tended towards high levels of concentration due to a variety of factors that differ from industry to industry. The relatively small (in world terms) Australian market combined with economies of size and scope in many traditional media markets has always been a limiting factor on the number of competing players. In some industries, regulatory interventions have sought to limit the impact of market forces on ownership concentration. In other industries such as telecommunications, former state monopoly provision of services has been supplanted by open competition, but ownership concentration nonetheless remains relatively high. A high rate of technological change in recent decades has been an overarching influence on the structure of established media industries as well as the catalyst for the development of new industries in competition with the old. These influences have played out differently in terms applications and effects on the concentration of ownership in the media industries. In this section we examine the current state of ownership concentration in each of the main industries of the Australian media sector and the trends that have led to it. We begin with a discussion of the print media (daily newspapers, magazines, and books) followed by a discussion of audiovisual media 4 (Broadcast TV, Radio, Multichannel TV, Film Distribution/Production, and Cinemas). Discussion of telecom distribution media (Wireline and Wireless) comes next, and the section concludes with an examination of online media (Internet Service providers, and Search Engines). The ownership details presented reveal the emergence in recent years of a significant, but not extensive, presence of some conglomerates in more than one industry. In part this is a reflection of the effect of regulation prohibiting cross-ownership in the traditional media industries which applied from 1987 to 2006. Cross media interests of conglomerates are discussed in a subsequent section. 3.1. Print Media The print media in Australia are almost as old as European settlement of the continent. The major cities each had local newspapers from various dates in the nineteenth century, so that the oldest Australian newspapers are now 150 years or more old. The most venerable Australian magazine, the Bulletin, began in 1880, but went out of business in 2008, and was associated with Australian moves towards Federation. The most successful magazine the Australian Women's Weekly began in the 1970s, but it was only after the Second World War that magazine publishing became a major industry. For most of Australian history, book publishing remained in British hands, but a local industry grew quickly in the last quarter of the twentieth century. 3.1.1. Daily newspapers Shortly after Australia became a Federation in 1901, the six state capital cities between them had 21 daily newspapers with 17 independent owners. The zenith came in 1923 when there were 26 capital city dailies and 21 independent owners (Mayer, 1964:31). Since then the trend has been towards reduction of titles and of owners. It began with the impact of the Depression, which led to several closures, and weakened other titles, so that the Melbourne-based Herald and Weekly Times company, led by Sir Keith Murdoch, was able to start acquiring titles interstate. Now the metropolitan and national daily press consists of 11 titles, eight of which were already existing in the 1930s; plus two new nationally circulating papers and one based in the national capital, Canberra. These 11 titles with have just three owners. Outside the capitals, there is a long established provincial daily press, 37 newspapers of varying size and quality, but with little impact or news gathering capacity beyond their own area. Nearly all these began as locally owned enterprises, but by 2008 only two remained so. All the others had been absorbed into larger conglomerates. The number of newspaper titles declined from 56 to 48 over the 24 year period covered by the analysis presented in Table 1. However seven of the eight closures were of metropolitan afternoon newspapers, all of which closed between 1987 and 1993. This was the result of a long term decline because of changing commuting, advertising and reading habits, but equally the trigger for it was the upheavals following the 1987-88 ownership changes in all Australian traditional media (see below). However apart from afternoon newspapers, there was only one closure, of a small provincial daily paper. Given the gloom around newspapers in the English-speaking world this is an interesting picture of survival and stability. Table 1 shows a steady decline in circulation, although the majority of this is explained by the closures. Compared with 1992 levels, 2008 circulation is around 90 per cent, although the substantial population growth in those 16 years would show that the ratio of newspaper sales to total population shows a more substantial decline. 5 Daily Newspapers (% circulation) 1984 1988 1992 1996 2000 2004 2008 News Ltd Fairfax HWT WA APN Rural Other Totals Circ (mil) Titles* 25 23.7 46.4 .. 0.8 1.5 2.7 56.2 18.9 .. .. 4.5 1.9 18.5 58.1 20.2 .. 8.3 5.5 2.2 5.6 56.6 21.5 .. 8.6 5.5 2.7 5.1 57.2 22 .. 8.1 5.2 3.9 3.5 57.7 21.4 .. 7.8 5.3 5.3 2.4 57.8 28.6 .. 7.7 5.3 .. 0.6 4.52 56 3.95 53 3.27 49 3.17 48 3.11 48 3.06 48 2.95 48 Revenue (nominal USDm) C4 HHI Noam Index .. .. 96.6 81.5 3343 3530 1365 1441 .. 92.1 3888 1587 .. 91.7 3777 1542 2881 92.5 3864 1577 3403 92.2 3904 1594 5272 99.4 4246 1733 Notes: 1. 2. 3. * In 1986-87, Murdoch took over the Herald and Weekly Times (HWT), and in 1988, an internal split developed in the Fairfax company. Between 1988 and 1992, all Australia’s afternoon newspapers closed (seven titles in all). In 2007, Rural Press, which grew as part of the Fairfax split, re-united with Fairfax to form one company Number of voices used in calculating Noam Index = 6 In 2008, the third biggest group is WA Newspapers. This company owns two titles in Western Australia, most importantly Perth’s morning paper the West Australian. That paper was part of the Herald and Weekly Times group, and then went through some ownership changes before becoming owned by a locally formed company, and most recently the Seven Network of Kerry Stokes has become the largest shareholder. Its circulation performance has been slightly worse than average, and hence its slightly declining share. APN, owned by the Irish company, headed by the Irish businessman Tony O’Reilly, owns several provincial daily newspapers in New South Wales and Queensland. It began a substantial Australian presence as part of the late 1980s shake-out, and has acquired more titles since. Rural Press was formed following the internal divisions in the Fairfax family in the late 1980s. It built a stable of provincial daily newspapers, and then in 2007, the two companies merged, boosting the share of Fairfax papers in the total national circulation. Before the late 1980s disruptions, the Fairfax company had accounted for around one quarter of national daily circulation, but then it dipped substantially. By far the largest newspaper publisher in the country, however, is Rupert Murdoch’s News Limited, which alone accounts for just under six in ten daily sales. Moreover the C4 figure in the table illustrates just how concentrated Australian daily newspaper ownership is, with the four largest companies commanding 99.4 per cent of total circulation in 2008. Changes in the C4 and HHI indices are illustrated in Figure 1. 6 Figure 1: Daily Newspapers Concentration Indices (1984-2008) C4 (%) C4 100 90 80 70 60 50 40 30 20 10 0 HHI HHI 4500 4000 3500 3000 2500 high concentration threshold 2000 1500 1000 500 0 1984 1988 1992 1996 2000 2004 2008 3.1.2. Magazines The magazine industry is dominated by three large Australian companies and some international publishers (such as Time and Readers Digest) but with a plethora of small circulation periodicals, some of which are fairly short-lived and on which the Audit Bureau of Circulation has limited data. On the other hand even small circulation journals, which have a distinctive advertising constituency, can be viable. However the most reliable data are on the largest magazines, and Table 2 gives the data for the top 50 circulating magazines in each of the years selected. Magazines (% annual circulation of company's top 50 magazine titles) 2000 2004 2008 PBL (ACP) Pacific Murdoch/News FPC Readers Digest Horwitz Time Other Total circulation (mil) Revenue (nominal USDm) C4 HHI Noam Index 46 19 5 7 6 3 5 8 8.05 1027 78 2621 991 46 22 1 11 4 2 4 9 7.55 1343 83 2758 1042 44 27 14 6 1 7 7.05 2210 93 2898 1296 Notes: 1. T h e l argest magazine publisher has always been the Packer company, called PBL (Publishing and Broadcasting Limited) and earlier ACP (Australian Consolidated Press). 2. Pacific Magazines has become a major player in the last decade and a bit. It is associated with the Seven Network (television). 3. Murdoch has moved in and out of magazines while shuffling his overall assets. 4. FPC and Horwitz, two relatively smaller publishers, both sold out between 2004 and 2008. 7 The table illustrates that PBL has long been the largest magazine proprietor in the country, with just less than half the total circulation of the top 50 magazines. The second largest company in 2008 is now owned by the Seven Television network, headed by Kerry Stokes. Some companies’ shares jump around as there is often trading in the ownership of titles, occasionally as part of larger transactions. Figure 2, highlights the relative C4 and HHI indices. The revenue figures in the table are misleading as they reflect the changing exchange rate of the Australian to the US dollar rather than actual revenue generated. The more important figure is the decline in circulation — the total magazine circulation was down by one eighth in just eight years. Figure 2: Magazines Concentration Indices (2000-2008) C4 (%) C4 HHI HHI 100 4500 4000 80 3500 3000 60 2500 high concentration threshold 40 2000 1500 1000 20 500 0 0 2000 2004 2008 3.1.3. Book Publishing Book publishing is a much less concentrated industry than newspapers and magazines. Unfortunately the available data are both less comprehensive and are only available for recent years. Compiled by the industry monitor Nielsen BookScan the data do not include the very sizable sector of educational textbooks. However there has been a high turnover rate of smaller and medium size publishers and, as the table suggests, one means of survival is having a larger parent company. Book Publishing share of book sales (%) Penguin/Pearson Hachette (Lagardere) Random House (Bertelsmann) HarperCollins (News Ltd) Total Revenue (USD m) C4 3.2. 2008 14.3 13 10.1 9.3 1159.9 46.7 Audiovisual Media Audiovisual media examined in this section include over-the-air broadcast media (Television and Radio), subscription TV (cable and satellite delivered program channels), film 8 production/distribution and cinemas. The development of the first three (the electronic media) was largely guided by licensing and other ownership regulation. The domestic film production industry, while relatively small by world standards, is well developed and has gained some international success. Film distribution is dominated by the major Hollywood studios. The cinema industry was initially characterised by widespread localised ownership but eventually saw the emergence of major chains that now control over 60 per cent of box office takings. 3.2.1. Broadcast TV (over-the-air) Broadcast television in Australia was established in 1956 as a dual public-private system in which the government strictly controlled entry and the size of the industry. In the public sector, the ABC already established as public service radio networks operator, had its mandate extended to the operation of a public service television network with national coverage. A second national public service television broadcaster (SBS) to provide multicultural programming began operating in the early 1980s and was gradually extended nationally1. The commercial sector developed under strict licensing provisions of entry. Initially, individual commercial television owners were prohibited from holding a controlling interest (defined as 15 per cent or more of the stock in the company holding the television station licence) in more than one television station in any one area and two stations nationally. As previously mentioned, in July 1987 the national ‘two station’ restriction was replaced by a prohibition of multiple station ownerships with an aggregate population reach of more than 60 per cent of the national population of Australia. (The aggregate reach limit was increased to 75 per cent of the national population in 1992 and has remained unchanged since.) The concurrent introduction of cross-media ownership restrictions prohibited a controlling interest in more than one of the then main media of daily newspaper, commercial television or commercial radio in the same local market. The number of commercial operators in the market was also strictly controlled. Initially, two commercial television licences were allocated in each of the mainland state capital cities. In other areas only a single commercial television licence was issued. A third commercial operator was progressively licensed in each of the mainland capital cities in the period 1965-1988. In the late 1980s, through the policy of ‘market aggregation’, existing commercial operators in designated contiguous regions were permitted to extend distribution of their signal in competition with each other in the aggregated area. Foreign nationals and entities were prohibited from holding a controlling interest in a television station. As a direct consequence of the foreign ownership restrictions, on becoming a US citizen in 1985 Rupert Murdoch (News Corporation) divested his previously held controlling interest in the TEN Network television stations in Australia’s largest cities of Sydney and Melbourne. Both cross-media and foreign ownership restrictions were abolished in 2006. These regulatory provisions had a profound impact on the level of ownership concentration in the industry. Initially, the ‘two station’ ownership rule ensured widespread ownership of television assets and consequently concentration within the industry was low and remained so until 1987. However, within the prescribed ownership limits, newspaper interests were also major players in commercial television and radio. The intention of the cross-media ownership prohibitions introduced in 1987 was to break-up existing cross media groups over time. Consequently no divestiture of pre-existing arrangements was required and the regulation sanctioned (grandfathered) them until the event of a change of ownership of the relevant assets. In the event, by the end of 1992, economic turmoil and other events in the industry led ownership changes of all the major 1 The Special Broadcasting Service was established as a radio broadcaster in 1978 (see below) and was given responsibility for multicultural television in the 1980s. 9 commercial television networks and in the process to the dissolution of the main affected crossmedia groupings. The post-1987 regulatory regime led directly to the formation of major commercial networks controlling individual stations in each of the mainland state capital cities — the extension of the aggregate population reach to 75 per cent was specifically implemented to allow this. Similarly, the population reach restrictions together with implementation of the market aggregation policy contributed significantly to the formation of regional commercial networks. The resultant substantial concentration of commercial television assets in the hands of a small number of major players significantly changed the Australian television landscape. Today, reflecting the constraints of the 75 per cent population reach regulation, ownership of the commercial component of the Australian television industry is almost entirely concentrated in three major metropolitan network operators and three smaller regional networks. The remaining independently controlled operators (two) are economically small entities in control of small individual licenses of remote and regional services. In terms of programming, the three regional networks are affiliated with their metropolitan counterparts and invariably retransmit the metropolitan programming with only minor local inputs. Table 4 provides details of market shares held by the major operators. Broadcast Television 1988-2007 Market Shares (% revenue) Commercial TVa Seven Network (Seven Media Group) Nine Network (Nine Entertainment Co)b 1988 1992 1996 2000 2004 2007 17.0 23.6 21.2 24.4 22.8 25.7 26.2 27.9 22.1 25.8 24.9 21.5 Ten Network (Canwest)c Other Commercial TV 17.6 24.7 11.5 24.4 15.4 20.4 13.6 17.8 17.9 20.5 18.2 20.0 Public TVd Australian Broadcasting Corporation Special Broadcasting Service Total Revenue (nominal USD m) C4 HHI Noam Index Notes: a b c d Source: 14.6 16.1 12.5 11.6 10.2 12.4 2.5 2.5 3.1 3.0 3.5 3.0 1265.5 1706.3 2289.1 2286.1 3001.0 3981.9 0.7 0.7 0.8 0.8 0.8 0.8 1371.7 1435.4 1578.7 1780.2 1577.9 1565.6 380.4 398.1 437.9 513.9 475.8 472.0 Until July 1987 ownership regulation prohibited ownership of more than two television stations and consequently ownership concentration in the industry was very low. The 'two station' rule was then replaced by a prohibition of multiple station ownerships with an aggregate population reach of more than 60 per cent of the national population of Australia. In 1992 the aggregate reach limit was increased to 75 per cent of the national population. Cross-media ownership of television, radio or newspapers was also prohibited between 1987 and 2006. Owned by Publishing and Broadcasting Limited since 1990; sold to private equity investors CVC Asia Pacific in late 2006. Canwest sold its stock in TEN in September 2009. The ABC and SBS are separate independent entities. Estimates by authors based on original data from: Australian Communication and Media Authority, Broadcasting Financial Results (various years); Australian Broadcasting Corporation, Annual Reports; Special Broadcasting Service, Annual Reports; Australian Broadcasting Tribunal, Annual Reports; and Communications Law Centre, Update, 'Media Ownership Update' (various years). Because of the cross-media ownership restrictions (in place from 1987 to 2006) and the ban on foreign ownership which applied until 2006, broadcast television ownership has been largely free of links with domestic or international media conglomerates. Packer’s Publishing and Broadcasting Limited (Australia’s largest magazine publisher) except for a brief period (1987-1990), controlled the Nine Network, before its sale to private equity investors CVC Asia Pacific in late 2006. News 10 Limited sold its ownership of the Ten Network when cross-media ownership rules were introduced in 1987. A consortium of interest headed and largely funded by Izzi Asper’s Canwest acquired the network in 1992 and held it until 2009. Although Canwest had a 57.5 per cent economic interest in the network, it held only 15 per cent of the stock to comply with the then ruling restrictions on foreign ownership. Kerry Stokes acquired 20 per cent of the Seven Network in 1995 making him the largest stockholder in the company. His interest in the company has increased since. In more recent years, the network has expanded its interests in other media sectors including magazine publishing (Pacific Magazines) and daily newspapers (West Australian). In 1998 the Australian Government implemented a digital transmission conversion plan for over-theair television. All available spectrum was allocated to established television operators and bans placed on the use of the digital spectrum to start new services in competition with established operators were to remain in force at least until completion of the transition to digital transmission. Slow progress in consumer adoption of digital television forced a rescheduling of the initial completion target and the process is now due for completion in 2013. Although each of the incumbent television operators (public service and commercial) now broadcast up to three channels each, the digital policy has entrenched the pre-existing industry structure and concentration levels. Figure 3: Broadcast Television Concentration Indices (1988-2007) C4 (%) C4 100 HHI HHI 2000 high concentration threshold 1800 80 1600 1400 60 1200 1000 moderate concentration threshold 40 800 600 20 400 200 0 0 1988 1992 1996 2000 2004 2007 Both the C4 and HHI indices for the Australian broadcast television industry, illustrated in Figure 3, indicate moderate levels of concentration. The top four operators (three main commercial networks and ABC) control around 75 per cent of the revenue accruing to the industry. The individual shares of revenue are not highly dissimilar for the three commercial operators each being in the range of 1825 per cent in 2007 (average of 21.5 per cent). In the same year, the ABC’s share of industry revenue was 12.4 per cent (i.e., somewhat less than 60 per cent of the metropolitan commercial networks’ average). The indices are concerned primarily with economic ownership concentration. In television, however, control of sources of programming can be vital to content diversity and influence of opinion. Given the prevailing programming agreements (affiliations) between the metropolitan and 11 regional/remote commercial operators, which virtually have no scope to obtain popular programming from other sources, content diversity is very low. 3.2.2. Radio After a brief initial period of total private ownership of radio broadcasting, the Australian radio industry was reconfigured in the early 1930s as a dual public-private system. The ABC as the public service radio broadcasting was developed as a mixture of national and regional/local networks. Public service broadcasting was augmented with the establishment of SBS as a second public radio broadcaster in 1978, initially with transmitters in Sydney and Melbourne and subsequently progressively expanded into a national network. Prior to 1987, strict regulation of commercial radio prohibited the ownership of more than one station in a local broadcasting area, more than four in any one state, and more than eight nationally. These state and national limits on the ownership of radio stations were relaxed in 1987 to allow common ownership of up to 50 per cent of the stations in any one state, and up to 16 stations nationally. As for commercial television, the introduction of cross-media rules prohibiting common ownership of radio, television and newspaper combinations in the same market (introduced in 1987and extended in 1988) led to the divestiture of many media assets including radio stations. Some, but not highly significant, common ownership of radio and television assets has re-emerged since the repeal of cross-media prohibitions in 2006. Another major factor influencing the structure of the broadcast radio industry was the introduction of FM radio in the mid-1970s. The new entrants in FM commercial radio were able to carve out large shares of their local markets and quickly developed into a new competitive force in the industry. The ABC was also expanded with the development of additions FM services. The restructuring of the industry was given further impetus by the promulgation of the Broadcasting Services Act 1992. The Act removed restrictions on foreign ownership of radio services. The limits on common ownership were also largely removed. The only restriction of common ownership retained imposed a limit of no more than two commercial radio stations in any local broadcasting area. The new legislation also provided for the licensing of Indigenous radio services, and locally based community radio stations. Since 1992, restructuring of the broadcast radio industry continued steadily with changes in the ownership of several major networks and many stations. Some new networks have emerged from mergers and acquisition of existing stations. Some foreign newspaper interests entered the market with two in particular becoming significant players in the Australian broadcast radio industry. O’Reilly’s Independent News and Media (Ireland) purchased a string of existing stations to form the Australian Radio Network (ARN). The Daily Mirror Group (UK) also entered the market by acquiring several established regional stations in 1996 and subsequently acquired several new licences to establish FM services in urban markets. While many broadcast radio properties have changed hands since 1992, the effects on concentration of ownership have not been large. Throughout the period of observation (1992-2007) there has been little change in the indices of concentration of interest. The HHI index in particular has remained reasonably steady near the lower limit of the moderate concentration range. Throughout the period, the main national public broadcaster (the ABC) has remained as the largest single operator although its share of industry revenue declined significantly with consequential effects on the concentration ratio. However, in terms of overall concentration, the emergence and growth of Austereo into the largest commercial operator appears to have produced counterbalancing effects on the industry concentration ratio. Details of market shares held by major operators are provided in Table 5. Figure 4 illustrates related changes in the C4 and HHI indices. 12 Radio Concentration Indices (1992-2007) Market Shares (% revenue) 1992 Commercial Radio Austereo (Village Roadshow) Hoyts Media ARN (Independent News & Media + Clear Channel) Wesgo SEA FM R G Capital Rural Press Broadcast Media Group Regional Media (Macquarie Bank Group) DMG (Daily Mirror Group -UK) Tricom (in 1992)/Southern Cross Radio Superhighway/Macquarie Network 1996 2000 2004 2007 7.9 21.5 16.1 15.8 21.5 9.9 5.2 5.4 (Austereo) 10.0 13.1 11.8 10.4 2.1 3.5 1.8 (R G Capital) 3.7 4.9 (DMG) (DMG) (Regional Media) 13.8 6.5 3.6 9.8 8.8 7.5 3.1 1.4 2.5 1.4 6.9 3.9 2.8 34.0 29.8 3.4 14.7 3.0 10.6 3.0 34.0 33.2 3.0 29.1 2.7 27.3 2.7 24.4 2.9 23.7 2.4 516.1 56.6% 1330.7 503.0 639.3 59.8% 1277.0 425.7 629.1 68.8% 1482.4 494.1 814.8 66.1% 1284.0 387.2 1181.2 59.7% 1174.8 354.2 Broadcast Operations Other Commercial Radio Public Radio Australian Broadcasting Corporation Special Broadcasting Service Total Revenue (nominal USD m) C4 HHI Noam Index Source: Estimates by authors based on original data from: Australian Communication and Media Authority, Broadcasting Financial Results (various years); Australian Broadcasting Corporation, Annual Reports; Special Broadcasting Service, Annual Reports; Australian Broadcasting Tribunal, Annual Reports; and Communications Law Centre, Update, 'Media Ownership Update' (various years). Figure 4: Broadcast Radio Concentration Indices (1992-2007) (%) C4 100 90 C4 HHI HHI 1800 high concentration threshold 1600 80 1400 70 1200 60 50 1000 moderate concentration threshold 800 40 600 30 20 400 10 200 0 0 1992 1996 2000 2004 2007 3.2.3. Cable and satellite delivered program channels The broadcast licensing regime prior to the promulgation of the Broadcasting Services Act 1992 (BSA) strictly controlled the establishment of television services likely to compete with broadcast free-to-air television. A limited form of satellite delivery of multichannel services was sanctioned by 13 BSA and two licences were subsequently auctioned. However, because of technical delays and considerable policy instability (Tiffen 2007) subscription television commenced operating in 1995 on a variety of delivery platforms including satellite, terrestrial multipoint distribution systems and cable. Currently, there are no major restrictions on the ownership of subscription television services. However, there are considerable barriers to entry into the industry both in relation to delivery platforms and in access to programming. The industry developed slowly and take-up still relatively low (only 34 per cent of the population). Control of major sources of content by established media, particularly Foxtel, became a potent barrier to entry into the industry as well as a major constraint to competitiveness. Control of the output of several major Hollywood producers (not available to competitors) enabled Foxtel to establish a dominant position from the start and to further consolidate that position in later years. Austar and Foxtel do not compete with each other. Under a territorial program distribution arrangement between the two operators, Foxtel’s market is confined to the 5 main state capital cities and the Gold Coast, while Austar distributes the same programs elsewhere. With a limited cable distribution network at its disposal and unable to secure access to the exclusive Hollywood content controlled by Foxtel, Optus (telecommunications carrier) faced considerable difficulties in growing its customer base. In 2002, after reaching a program sharing agreement with Foxtel, Optus withdrew from the market and became a reseller of Foxtel to customers connected to its cable network. A very small number of other players operate localised cable distribution system in regional areas and a limited satellite service. Drama and sporting programs on subscription television are affected by regulation. Subscription television providers, including their drama channel package suppliers, are subject to the Australian content provisions of the BSA which require them to invest at least 10 per cent of their total drama channels’ program expenditure on new Australian drama. Access to transmission rights of major sporting events is constrained by ‘anti-siphoning’ rules. Australia has one of the world’s most extensive mandated list of sporting events that are to be made available for general viewing on freeto-air television. Subscription television licensees can acquire the rights to broadcast events on the anti-siphoning list only if those rights are not acquired by over-the-air television broadcasters. The trend in the concentration ratios in the period (see Table 6 and Figure 5 for details) reflects the increasingly dominant position of Foxtel. Multichannel Television (1996-2008) Market Shares (%) 1996 2000 2004 2008 Australis Media 14.0 Foxtel (Telstra, News Corp & PBL) 30.7 54.4 56.6 63.1 Austar (Liberty Global) 19.5 27.9 26.7 27.2 Optusa 34.9 16.4 12.1 6.2 (SingTel) Other (in liquidation) 0.9 1.3 4.5 3.5 168.9 601.3 1010.1 2153.4 C4b 99.0 99.0 95.5 96.5 HHI 2735.5 4008.6 4068.0 4755.5 Noam Index 1116.8 1792.7 1819.3 2126.7 Total Revenue (nominal USD m) Notes: a b Foxtel reseller post-2002 Based on top 3 firms for 2000 and subsequent years. Source: Estimates by author based on data from various sources including companies' annual reports and other sources 14 Figure 5: Multichannel Television Concentration Indices (1996-2008) C4 100 HHI C4 (%) HHI 5000 4500 4000 80 3500 3000 60 40 2500 2000 high concentration threshold 1500 20 1000 moderate concentration threshold 500 0 0 1996 2000 2004 2008 3.2.4. Film distribution/production The Australian film and video production and post-production services industry is made up of more than 2000 establishments most of which are very small in size. According to the Australian Bureau of Statistics (2008), in 2007 only 18 of the establishments in the sector employed more than 100 people accounting for 39 per cent of industry employment and 31.3 per cent of income. Included among the larger production establishments are the operations of broadcast and subscription television services producing programming for their own use. The main producers are: Village Roadshow (31.6 per cent of total production expenditure in 2009); Endemol Southern Star (9.8 per cent); GTV Holdings (4.3 per cent) and Beyond International (1.3 per cent). Of these, the latter three are primarily engaged in the production of television programs. Overall, ABS data indicate that in 2007 productions made primarily for television accounted for more than 72 per cent of all production costs. An additional 13 per cent of production expenditure was devoted to production of television commercials, station promotions and program promotions. Only 14.5 per cent (approximately AUD273 million) was for productions made other than for television. The main components of non-television production expenditure were AUD183.8m for feature films and AUD71.7m for corporate marketing and training media. In 2009, total production expenditure on film and video production amounted to AUD2082 million of which AUD368 million related to feature film production (Screen Australia, 2011). The aggregate production expenditure of the top four producers was 47 per cent of the total (that of the largest producer alone was almost 32 per cent of the total). The level of activity in feature film production is significantly influenced by foreign film producers. In 2010, total production expenditure amounted to AUD435m of which AUD°69m related to foreign productions. In the period 2001-10, the average annual proportion of production activity funded by foreign producers was 44 per cent, with a peak of 74 per cent in 2004-05 (Screen Australia, 2011). Overall, on average around 30 Australian feature films are produced each year. Foreign production activities usually relate to a very small number of foreign features (2-3 titles a year). Film distribution is largely the domain of international distributors. In addition to the main international distributors, some 30 small specialised distributors are active in the industry which account for an aggregate market share ranging from seven to 15 per cent in the period covered by the 15 research data. Among the international distributors, the Australian company Village Roadshow in association with Warner Bros has the largest market share. In 2009, 13 percentage points of its total market share were derived from the distribution of its own productions and eight percentage points were related to Warner Bros owned productions. Details are provided in Table 7 and Figure 6. From relatively modest beginnings as the operator of a drive-in movie theatre in the in the early 1950s, Village Roadshow has grown into an international media conglomerate. Its early expansion involved first acquisition of other drive-in and traditional cinemas. Subsequently, it expanded into film distribution in the 1960s and film production in the 1970s. In 1988 it further broadened its interests with the acquisition of De Laurentis Entertainment followed by the acquisition of theme entertainment parks in Australia including Warner Bros Movie World and Sea World in 1992. In the 1990s it expanded its cinema exhibition operations internationally acquiring cinemas in 20 countries (subsequently scaled back to cinemas in Australia and Singapore). It also further broadened its media interests with the purchase of the Australian Triple M radio network in 1993, which was later transformed into the Austereo Group — the largest commercial radio network in Australia in terms of market share. More recently (February 2008), its Village Roadshow Pictures interests were merged with Concord Music Group to form the diversified Los Angeles-based Village Roadshow Entertainment Group. The decline in the industry concentration indices during the period under review is largely a reflection of the combined effect of the splitting of United International Pictures into Paramount and Universal in 2006 and the rising share of the market being secured by small specialist independent distributors. Film Distribution (2003-2009) Market shares (% revenue) Village Roadshow/Warner Bros 2003 2004 2006 2008 2009 22 23 20 23 21 11 11 20 15 16 a Fox United International Pictures b 21 27 19 n.a. n.a. Paramount n.a. n.a. n.a. 18 13 Universal n.a. n.a. n.a. 14 11 Walt Disney [Buena Vista International (2003-2006)] 25 16 15 12 13 Sony (Columbia TriStar) 14 13 15 8 12 7 11 11 11 15 Other c Total Industry Revenue (nominal USD m) 581.2 630.7 643.3 904.0 874.8 C4 82.0 79.0 74.0 70.0 63.0 HHI 1867 1804 1611 1482 1300 316 305 272 247 217 Noam Index Notes: a b c Village Roadshow is the main Australian-owned film distributor. In 2009, 8 percentage points of its market share were derived from Warner Bros; information not available for earlier years. United International Pictures split into Paramount and Universal after 2006. Includes some 30 small distributors (30 + majors listed above used no. of voices in Noam Index). Source: Screen Australia, http://www.screenaustralia.gov.au/research/statistics/wcbodistshare.asp 16 Figure 6: Film Distribution Concentration Indices (2003-2009) C4 (%) C4 100 90 80 70 60 50 40 30 20 10 0 HHI HHI high concentration threshold moderate concentration threshold 2003 2004 2006 2008 2000 1800 1600 1400 1200 1000 800 600 400 200 0 2009 3.2.5. Cinemas The Australian cinema exhibition industry is made up of three large chain operators (Greater Union, Hoyts and Village Roadshow) and some 140 smaller exhibitors. ABS (2001) data show that prior to 2000, the number of operators in the industry was in gradual decline at a rate of about three per cent per annum. At June 2000 there were 173 cinema businesses in operation with 97 of them earning less than AUD one million per annum. While the slow decline in the number of operators has continued over the past decade, the industry itself has grown both in terms of cinema screens and attendances. In 2009, Independent operators controlled 31 per cent of total screens. The three major chains controlled over 1,000 cinema screens (over 50 per cent of the total), the rest being controlled by several other smaller chains. Overall, there is low to medium concentration in the industry with little change recorded over the period 1998-2009 (see Table 8 and Figure 7 for details). Cinemas (1998-2009) Market Shares (% cinema screens owned) Greater Union Hoyts Village Roadshow Reading Palace Grand Dendy Wallis Theatres Others Total box office revenue (nominal USD m) Australian movies box office (nominal USD m) Australian movies share of box office (%) C4 HHI Noam Index 1998 24.2 17.6 13.5 2000 24.2 19.2 12.5 4.6 2002 24.9 18.5 12.6 5.1 3.1 2004 23.1 18.9 11.8 6.8 2.6 2006 24.2 17.7 11.5 6.9 3.0 2007 23.8 17.3 11.1 7.0 3.2 1.4 43.3 390.7 15.9 4.0 57 1080 80 1.1 38.5 411.7 32.4 7.9 60 1133 86 1.0 34.7 475.5 23.5 4.9 61 1161 90 1.7 35.1 630.7 8.3 1.3 61 1084 87 1.4 35.3 643.3 29.7 4.6 60 1088 89 1.5 36.1 760.3 30.6 4.0 59 1048 87 Source: Screen Australia, http://www.screenaustralia.gov.au/research/statistics/wcbodistshare.asp 2008 23.8 17.2 11.3 7.8 3.8 1.9 1.3 1.4 31.5 904.0 33.9 3.8 60 1073 90 2009 24.6 16.7 11.3 7.5 3.8 1.9 1.3 1.2 31.7 876.0 44.1 5 60 1087 92 17 Figure 7: Table 8: Cinemas Concentration Indices(1998-2009) C4 (%) C4 100 90 80 70 60 50 40 30 20 10 0 HHI 1200 1000 moderate concentration threshold 800 600 400 200 0 1998 3.3. HHI 2000 2002 2004 2006 2008 2009 Telecom distribution media After some initial tentative steps Australia embarked on a two-stage program of full-scale liberalisation of its telecommunications sector. The first stage, starting in 1991, involved the licensing of a full-line private sector telecommunications carrier (Optus) to provide wireline and wireless services in competition with the publicly-owned former monopoly carrier (Telstra). The market was further expanded in 1993 with the entry of a third (wireless only) carrier (Vodafone) competing with the two full-line carriers in the mobile telephony market. In addition A third mobile operator was licensed and entered the market in 1993. The liberalisation arrangements mandated interconnection between the carriers including access of the private carriers to Telstra’s wireline customer access network (CAN) which was deemed to be an essential facility. The second stage began with the promulgation of new legislation, the Telecommunications Act 1997, which introduced a fully competitive market starting 1 July 1997. The publicly-owned carrier was transformed into a private sector corporation listed on the stock exchange and its stock was progressively sold to a wide spectrum of institutional and individual stockholders. With full competition, service provider or carrier2 licences were easily secured and progressively over 100 service providers entered the market for the supply of wireline and wireless services. Many, however, are very small in size or market share. For the analysis, the number of effective competitors (voices) in the market includes operators with revenue of more than AUD 25 million in at least one year of the review period. 3.3.1. Wireline With the introduction of open competition in July 1997 the number of providers of telecommunications services increased considerably. By the end of June 1997, the Australian Communications authority had issued 77 carrier licences to prospective operators in the liberalised regime. However, some of them did not become operational and others withdrew from the market soon after entry. Also, the 1990s boom in the Australian and global telecommunications industry 2 The basic difference between carriers and service providers is that the former own or operate a network for the carriage of their services and those of other service providers. 18 which came to an end in March 2000 led to a shakeout causing many companies to withdraw from the sector. By June 2001, there were only 54 carriers and 88 telephone service providers listed by the Telecommunications Industry Ombudsman and not all of them were thought to be active (Productivity Commission, 2001). The weaker market outlook of the early 2000s impacted on all carriers with many scaling back their investment plans. Nonetheless competition intensified as the new entrants sought to establish themselves in the market. Telstra’s former monopolist’s status and ownership of the wireline CAN (notwithstanding a regulatory regime guaranteeing access to other carriers) has provided it with an ongoing advantage over its competitors as it sought to protect its position in the market and attenuate its loss of market share. In first few years of the liberalised regime Telstra’s market share declined rapidly from 92.0 per cent in 1997 to 78.8 per cent in 2003. The erosion slowed down somewhat afterwards but continued throughout the period covered by the analysis (see Table 9 for details). By the end of the period, however, Tesltra still remained the dominant supplier of wireline services controlling more than 70 per cent of industry revenue. This erosion of the market is particularly evident in the HHI ratio, but less so in the C4 which is based on the aggregate share of the largest four operators (see Figure 8 for details). Wireline Telecommunications (1997-2009) Market Shares (% revenue) Telstra Optus (SingTel) AAPT (Telecom NZ 1999) Primus (Primus) Powertel (Telecom NZ 2007) Agile Communications Soul Pattinson Chime Uecomm Operations Macquarie Telecom Reach Networks Australia Total Known Shares Other 1997 92.9 6.4 0.7 1999 90.0 7.5 2.1 0.4 0.1 100.0 99.9 0.1 2001 84.1 10.9 2.5 0.9 0.1 0.0 0.0 0.1 0.1 0.1 0.3 99.2 0.8 2003 78.8 13.3 3.7 1.3 0.3 0.0 0.0 0.2 0.1 0.4 0.3 98.6 1.4 2005 77.0 13.5 3.5 1.5 0.5 0.1 0.1 0.5 0.4 0.5 0.0 97.7 2.3 2007 73.6 12.0 3.0 1.1 0.6 0.2 1.4 0.6 0.6 0.6 0.0 93.8 6.2 2009 71.8 11.6 2.2 0.8 0.7 0.3 1.2 1.1 0.9 0.5 0.0 91.1 8.9 Total Revenue (USD billion) 9.6 9.0 8.1 10.9 11.7 13.4 13.9 Number of operatorsa 3.0 12.0 21.0 22.0 22.0 22.0 21.0 100.0 99.9 98.5 97.2 95.5 89.7 86.4 C4 HHI 8673.2 8159.8 7201.7 6409.9 6125.5 5574.8 5302.3 Noam Index 5007.5 2355.5 1571.5 1366.6 1306.0 1188.6 1157.1 Notes:a 'Number of operators' refers to active registered carriers with eligible revenue greater than AUD25 million in at least one year during review period Source: Australian Communication and Media Authority ‘Carriers Eligible Revenue Returns Data’, Australian Competition and Consumer Commission (various published reports); Companies' annual reports; Productivity Commission (2001), Telecommunications Competition Regulation Inquiry Report; and authors' estimates 19 Figure 8: Wireline Telecommunications Concentration Indices (1997-2009) C4 (%) C4 HHI HHI 10000 100 90 80 70 60 50 40 30 20 10 0 9000 8000 7000 6000 5000 4000 3000 high concentration threshold 2000 1000 0 1997 1999 2001 2003 2005 2007 2009 3.3.2. Wireless When Australia embarked on liberalisation of its telecommunications the wireless sector was still in its infancy but growing rapidly. Consequently Telstra’s incumbent position was much more vulnerable than for the wireline sector. Both Optus and Vodafone moved quickly to establish their own wireless networks and began to compete strongly with Telstra and establish themselves in the market. Following full liberalisation of the sector a fourth wireless carrier (Hutchison) established its own network and several other independent service providers relying on the established networks to carry their services also entered the market. The largest of the independent service providers, OneTel, began operating in 1999. Its major stockholders included James Packer of PBL Media (major interests in broadcast TV, magazines and subscription TV) and Lachlan Murdoch (son of Rupert and previously associated with News Corp in Australia). It quickly established itself in the market with an aggressive marketing strategy, but then failed spectacularly when it got itself into credit difficulties and its major stockholders withdrew from further support of the enterprise. Starting from its incumbent position, Telstra gradually lost market share as the other major carriers established themselves. Its loss of market share was nominally greatest in the early years of market liberalisation and introduction of full competition. However, the loss of market share did not translate into reductions of market revenue. With market growth, its wireless revenue continued to grow in absolute terms, but at a slower rate than its competitors. Telstra remains the largest operator in the market with the market share in recent years tending to stabilise at around 43 per cent. The smallest of the major carriers, Hutchison, entered the market in 2000 with its 3G network. It gradually increased its market share, but remained relatively small compared to the three previously established wireless carriers. In early 2009, it entered into a 50:50 joint venture with Vodafone combine the wireless operations of the two carriers in Australia. In effect, the move reduced the main players in the industry from four to three competing carriers. The changes in industry concentration during the period under observation are reflected in the HHI index. As there number of significant players in the industry reached five only for a small part of the period under review, the C4 index does not change significantly. Details are provided in Table 10 and Figure 9. 20 Wireless Telecommunications (1997-2009) Market Shares (% revenue) Telstra OPTUS (SingTel) Vodafone Australia (Vodafone Group Plc) Hutchison Telecommunications (Australia) Vodafone-Hutchison Joint Venture^ One.tela Other (Resellers) 1997 67.0 22.0 6.0 1999 57.0 26.0 12.0 2001 48.0 29.0 15.0 3.0 5.0 0.9 4.0 2.8 2.0 2.0 1.0 1.0 1 Total Revenue (nominal USD billion) 2.2 2.6 3.0 4.3 7.3 8.7 9.6 Number of Operators (excludes resellers) 3.0 4.0 5.0 4.0 4.0 4.0 3.0b 95.0 96.0 95.2 98.0 99.0 99.0 99.0 5009.0 4069.9 3386.8 3438.0 3302.3 3233.0 2853.0 C4c HHI 2003 46.0 32.0 17.0 3.0 2005 43.0 34.0 16.5 5.0 2007 43.0 32.0 18.0 6.0 2009 42 33 24 Noam Index 2891.9 2034.9 1514.6 1719.0 1651.1 1616.5 1647.2 Notes: a One.tel went into liquidation in 2001 b Vodafone Australia and Hutchison Telecommunications (Australia) merged their operations in 2009 c based on top 3 players in 1997and 2009. Source: Australian Communication and Media Authority ‘Carriers Eligible Revenue Returns Data’, Australian Competition and Consumer Commission (various published reports); Companies' annual reports; Productivity Commission (2001), and authors' estimates Figure 9: Wireless Telecommunications Concentration Indices (1997-2009) C4 (%) C4 HHI HHI 100 6000 5000 80 4000 60 3000 40 high concentration threshold 20 1000 0 0 1997 3.4. 2000 1999 2001 2003 2005 2007 2009 Online Media Internet service providers (ISPs) and search engines have had contrasting experiences in Australia. With rapid growth in the rate of access to the Internet, the ISPs industry was increasingly transformed from basic localised access services to large hubs providing a wide range of information services in addition to internet access. The main telecommunications carriers and service providers were well-placed to take advantage of their position in the market and quickly consolidated their market shares at the expense of the small local providers many of whom left the industry. The 21 services provided by search engines are highly conducive to centralised provision favouring the emergence of global dominant players. 3.4.1. Internet service providers More than 400 Internet Service Providers (ISP) businesses are estimated to be currently active in the Australian ISP industry. The vast majority however are small (with less than 1000 subscribers) with many servicing localised geographic markets and often operating as ‘virtual’ ISPs reselling connectivity provided by major operators. Less than 10 per cent of ISPs have a subscriber base of more than 10,000 with only 11 having more than 100,000 subscribers. The industry has been experiencing considerable consolidation. A decade ago, the number of ISPs operating in the industry was almost 700 and remained around that level for several years. Starting in 2006 the number of ISPs operating in Australia rapidly declined contracting to just below 400 by the end of 2008 with many of the smaller operators disappearing. The contraction in the number of smaller/medium ISPs is reported to be continuing (ABS, 2010). The period 1998-2008 was one of rapid take-up of internet by households and, particularly from 2003 onwards, of rapid adoption of broadband. In 1998, only 16 per cent of Australian household had access to the internet, by 2008 the proportion of households with internet access had quadrupled to 72 per cent (ABS, 2009). Incumbent telecommunications carriers extended their established unique positions in the telephony market to the provision of internet services. This gave them the advantage of vertical integration in the supply of ISP services. As alternative delivery platforms were not available, other ISPs were reliant on access to the networks of incumbent carriers to deliver their services. While access was guaranteed by regulation, the incumbent telecommunications carriers were advantage by their established relationships with customers. This was particularly so for Telstra (the dominant telecommunications carrier) with its ubiquitous national network presence. The aggregate market share of the top four ISPs more than doubled in the period 1998-2008 with C4 increasing from 31.3 per cent in 1998 to 67.3 per cent in 2008. Much of the increase in C4 is due to the growth in the market share of the largest ISP, Bigpond (owned by Telstra), which increased from 13 per cent to 43.8 per cent in the same period. Optus (also a major telecommunications carrier) also experienced a high rate of growth in its market share increasing from 1.7 per cent to 11 per cent. Of particular note is the decline in the market share of OzEmail, one of the successful early entrants in the ISP market that had built up a sizable dial-up internet service. OzEmail was eventually taken over by iiNet transforming the latter from a small regional operator to the third largest ISP in Australia. It should be recalled that, as noted above, the overall market grew rapidly in the period under review. Consequently the growth in the size of the individual ISPs was much greater than would be implied by a simple comparison of the market shares held at the beginning and end of the period. The consolidation is clearly reflected in the transition of the HHI index from low concentration levels pre-2000, to moderate concentration levels in the first half of the decade, and to high concentration levels in the latter half of the decade. Details are provided in Table 11 and Figure 10. 22 Internet Service Providers (1998-2008) Market Shares (% revenue) Bigpond (TELSTRA) Optus (SingTel) iiNet OzEmail iPrimus (Primus Telecommunications Group Inc) TPG/SP Telemedia Chariot Other Number of main ISPs Total Revenue (nominal USD m) C4 HHI Noam Index 2000 24.4 7.0 0.8 12.8 4.6 3.4 1.3 45.7 36 835.9 48.8% 843.3 140.5 2004 31.6 9.8 3.3 8.2 8.3 5.7 1.6 31.5 36 1946.6 57.9% 1276.7 212.8 2008 39.8 11.1 8.7 iiNet in 2005 5.9 5.2 TPG in 2008 29.3 27 3729.2 65.5% 1844.8 355.0 2010 42.2 11.8 9.6 5.3 5.1 26.0 27 3561.6 68.9% 2066.3 397.7 Note: Number of voices for Noam Index defined as ISPs with more than 10,000 subscribers. Source: Actual and estimates by authors based on data from a variety of sources including, Australian Bureau of Statistics, 8153.0 Internet Activity, Australia (various years), companies annual reports, media reports and other sources Figure 10: Internet Service Providers, Concentration Indices (1998-2008) (%) C4 C4 100 HHI HHI 2500 90 80 70 2000 high concentration threshold 60 1500 50 moderate concentration threshold 40 1000 30 20 500 10 0 0 2000 2004 2008 2010 3.4.2. Search engines The internet search engine market in Australia is dominated by the main global search engines and more specifically by Google whose market share now exceeds 90 per cent. Yahoo and other global search engines that were popular a decade ago have all suffered considerably from the emergence and growth of Google. Yahoo and Altavista appear to have been the main losers, but other engines have not been spared. In the period under review Yahoo’s market share declined from 41 per cent in 2001 (the largest in the market) to a share of only 2.4 per cent in 2010. In the same period Altavista’s share declined from 18.6 per cent (second largest in the market) to a miniscule 0.1 per cent in 2010. While the market is dominated by the global search engines, there are several Australian well established search engines available to users. Most of them, however, have limited coverage and depth relative to what is on offer on the global engines. Sensis, benefited considerably from its ownership by Telstra (dominant Telecommunications operator in Australia) and its relationship with Bigpond (the largest ISP in Australia also owned by Telstra). Sensis maintains its own database and 23 sponsored listings. In 2001 it had 9.2 per cent of the Australian market. Its linkages to the Telstra ‘family’ appear to have insulated it somewhat from the Google onslaught in subsequent years and its share of the market remained relatively stable at about eight per cent. In 2008, however, it entered into a commercial arrangement with Google including adoption of the Google search engine for its operations. Other Australian search engines include Ansearch, Anzwers, Howzat, WebWombat and WotBox. Some tend to operate specialised services. Generally, their market share is very small. The concentration indices indicate that the search engine market has always been highly concentrated. The C4 values indicate that the four largest search engines in aggregate controlled over 90 per cent of the market throughout the period under review rising to over 98 per cent at the end of the period. The rise of Google at the expense of other previously popular global engines has resulted in dramatic increase in the HHI in the period reviewed in Table 12 and Figure 11. Search Engines (2001-2010) Market shares (% revenue) Google Yahoo! ninemsn (MSN)/Bing Altavista Sensisa (TELSTRA) Ask Other 2001 12.3 33.3 13.0 15.1 7.5 0.0 18.8 2004 54.0 21.4 14.2 Yahoo! 7.1 1.1 2.2 2006 60.2 16.8 12.8 2008 87.8 3.9 6.7 2010 92.5 2.6 3.4 8.3 0.8 1.2 0.4 1.2 0.4 1.1 Total Industry Revenueb (nominal USD m) 10.2 89.0 296.9 793.0 956.5 C4 73.7 96.7 98.0 98.8 98.9 HHI 1714 3623 4134 7769 8575 Noam Indexc 495 1046 1193 2243 2475 Notes: a From 2008 Sensis has been using Google engine for searches and its share has been attributed to Google b Revenue relates to search engines and online directories c Number of voices for Noam Index defined as 12 Source: Based on Roy Morgan Survey Data (Press Releases 2006/453 and 2006/496), IAB Australia, and various other sources including Hitwise and http://statcounter.com/ Figure 11: Search Engines, Concentration Indices (2001-2010) C4 (%) C4 HHI HHI 100 10000 90 9000 80 8000 70 7000 60 6000 50 5000 40 4000 30 3000 high concentration threshold 20 2000 10 1000 0 0 2001 2004 2006 2008 2010 24 4. Other Concentration and Ownership Issues 4.1. Media conglomerate companies, vertical integration issues Much of the policy concern in Australia in relation to media diversity has been focused on the capacity of media conglomerates to use their power across media to influence public opinion and to skew competition in their favour. In the Australian context, media conglomerates and their power to influence public opinion was a concern from the early days of the development of electronic media starting with radio in the 1920s and reinforced by the introduction of television in 1956. The Australian press has traditionally enjoyed full freedom of expression and participation in the industry has never been subject to regulation. Indeed, the Australian federal constitution contains no powers for regulation or control of the Press. In contrast, the constitutional powers in relation to electronic transmissions (initially telegraph) have been deemed to extend the power to regulate electronic media. It is this power that was first used to license the radio broadcasters when the medium was introduced and later (in 1935) to set limits on the number of radio licences — and subsequently also television licences — that could be held by a single individual or entity. According to the Joint Parliamentary Committee on Wireless Broadcasting (1942) the purpose of the ownership limits was to constrain the extension of influence of newspapers into the new medium as there was ‘little multiple ownership of broadcasting licences by other interests’. The concern with media influence on public opinion was also cited as the justification for restrictions on foreign ownership and control of media. In this regard, as stressed in 1951 by the then Prime Minister Robert Menzies, the issue was whether ‘whether the Government should permit or even encourage a state of affairs in which the most intimate form of propaganda known to modern science that is being conducted in this country, one that is going into every home and is reaching every man, woman and child in this country, should be in the hands of people who do not belong to this country’ (House of Representatives, 1951:2926). While these restrictions remained in place, and ensured some limits on concentration within each broadcasting medium, they did not prevent a degree of cross-media ownership from arising. The 1987 changes were designed to trade-off a deeper influence within a medium (initially television and later also radio) by allowing the formation of networks with a prohibition of control in more than one of the established traditional media in the same local market. The cross-media rules remained in force until 2006. Foreign ownership restrictions were abolished in 1992 for radio, and for television in 2006 concurrently with the abolition of cross-media ownership restrictions. It should be noted, however, that foreign investment in major traditional media remains under the purview of the Foreign Investment Review Board. The application of ownership and control (including foreign control) limits and the cross-media rules while in force were a major constraining influence on the formation of media conglomerates with interests in broadcast media. The impact of these factors is evident in the main media interests of the various conglomerates summarised in Figure 12. 25 Figure 12: Main Cross-Media Groups (2010) TELSTRA Telstra (72% market share) Wireline Telecommunication Telstra (42% market share) Wireless Telecommunication Optus News Corporation Nine Entertainment Seven Network Ltd Co (formerly PBL Media) Optus (33% market share) Nine Network Seven Network Radio Pay TV Village Roadshow Optus (12% market share) TV Broadcasting 50% owner of Foxtel (63% market share) APN News & Southern Cross Media Media Group (formerly Macquarie Media Group) OptusVision (Foxtel reseller) Southern Cross TV (regional network) Australian Radio Austereo Ownership of Network several radio stations 25% owner of Foxtel 25% owner of (63% market share) Foxtel (63% market share) Fox Studios (Sydney) Village Roadshow Film Village Roadshow Movie Theatres ISPs Bigpond (largest ISP (40% market Sensis Optus (second ranked ISP 12% 50% ninemsn Yahoo!7 (joint venture with Yahoo!) Search Engines 14% of market Magazines Daily Newspapers newspapers with combined circulation of 57% of market Books HarperCollins (incl. Angus & Robertson) Pacific Magazines ACP Magazines 44% market share Western Australian (daily) several regional newspapers The figure reflects the situation in 2010, some four years after the abolition of cross-media ownership restrictions. Although there have been some changes in the ownership of traditional media assets since the abolition of the cross-media rules, they have not been extensive. Combinations of media assets that would have been prohibited by the cross-media rules include the recent acquisition of the Western Australian (Perth daily newspaper) by Seven Network Limited (metropolitan TV network), the acquisition of the Southern Cross TV regional network by the former Macquarie Media Group which owned a regional radio network with a similar coverage area, and APN News and Media (owned by the Irish magnate O’Reilly) common ownership of regional radio and regional newspapers in the same market. All the other combinations illustrated in the figure would have been permitted by the previous cross-media rules as they did not involve common ownership of daily newspapers, television and radio entities with common geographical coverage areas. Traditionally, four key corporations have dominated the Australian media landscape. The first was the Herald and Weekly Times, which until 1986 was the largest of the newspaper companies. It had been founded by Sir Keith Murdoch, father of Rupert, and was the first to extend newspaper ownership into several capital cities. It had the biggest circulation newspapers in every state capital city, except Sydney where it had no presence. In 1987 Rupert Murdoch (News Limited), who had not inherited the company, successfully mounted a daring raid, announced in anticipation of the coming changes in media ownership laws. The introduction of those laws was widely seen as the last chance to buy into television, and there was a frenzy of takeovers with TV stations commanding prices which before would have seemed impossible (Tiffen 1994). News Limited subsequently became one of the world’s biggest media companies. Apart from the Herald and Weekly Times, the other three companies were unusual in the modern corporate world in that they were dominated by a central proprietor. The Packer organisation (PBL 26 Media) — led by Frank from the 1930s to his death in the 1970s, then by Kerry until his death in 2005, and since by James — owned only one daily newspaper, the Sydney Daily Telegraph, sold in 1972 to Rupert Murdoch, but also was the largest magazine group in the country, and crucially was the first television network to own the crucial Sydney-Melbourne axis of channels. Packer was the largest TV operator in the country, until in the post 1987 actions he sold to Alan Bond, but a few years later regained control of the network. Later PBL Media acquired one quarter of the dominant Foxtel pay TV operator, in partnership with News Limited and Telstra. The Fairfax company owned most of Australia’s leading ‘quality’ newspapers, had two TV channels in Brisbane and Sydney, plus a stable of magazines and radio stations. After the post-1987 shakeout, the company was well placed but then a disastrous internal division in the family left it much reduced. It remained strong in newspapers, but no longer had a presence in television. Currently, the two most prominent cross-media conglomerates are News Corporation which has relocated its headquarters from Australia to the United States, and Nine Entertainment Company (formerly PBL Media). While News corporation’s assets include newspapers, magazines, book publishing, subscription television (25 per cent share of Foxtel) and film production studios, they do not extend to broadcast media. Although Murdoch did own some television stations before the introduction of cross-media ownership restrictions, he sold those assets on becoming a US citizen to avoid conflict with the then prevailing prohibitions of foreign ownership Kerry Packer never hid his ambition to broaden his interests in television and magazines to daily newspapers but was frustrated by the cross-media rules. Except for a brief period in the late 1980s PBL Media, was the owner of Australia’s consistently highest rating television network (Nine Network) with stations in all the largest metropolitan cities and consequently was barred from owning a daily newspaper or radio services in any of those cities. PBL Media assets therefore have been largely concentrated on television, magazines and subscription television (25 per cent of Foxtel). In 2006, PBL media’s television and magazine interests were hived off into the Nine Entertainment Company with James Packer selling off a 50 per cent share of the new entity to a private equity company (CVC Capital Partners). The interest in Foxtel was retained by Packer. Subsequently, CVC acquired all the capital in Nine Entertainment Company. . A third Australian media mogul, Kerry Stokes, controls the Seven Network (television) which has recently acquired a daily newspaper, the Western Australian in Perth. This would not have been possible under the former cross-media regime. Before acquiring a strategic interest in the Seven Network in 1996, at various times Stokes owned several broadcast and newspaper assets including concurrently a television station and a daily newspaper in Canberra, but sold those assets at the onset of cross-media regulation regime in 1987. The Seven Network also owns Pacific Magazines (second largest Australian magazine publisher), Yahoo!7 (a joint venture combining Yahoo! search and online capabilities with the Seven Network’s content) as well as interests in wireless broadband and in a voice over internet protocol (VOIP) telephony operator. 4.2. International ownership (both inbound and outbound) International owners have substantial stakes in Australian media. Indeed Australia is probably unique not only in having one company controlling papers which constitute such a large share of daily circulation, but in that company being foreign. Reflecting its origins as an Australian corporation, Rupert Murdoch’s News Corporation is the dominant player in Australia’s newspaper industry controlling a combined daily newspapers circulation of 57 per cent and has significant investments in magazines, book publishing, subscription television and film production. The corporation was relocated to the US in 2004 but has maintained its Australian interests. Previously, 27 Murdoch also had interests in broadcast TV, but had to dispose of them on taking up US citizenship in 1985 because of the then ruling regulation which prohibited foreign control of Australian television licences. This meant the timing of the 1987 changes was perfect for Murdoch as his TV holdings sold for much more than they would have done if he had been forced to sell immediately. As discussed in earlier sections, the acquisition of a controlling interest in the broadcasting sector was specifically prohibited until 1992 in relation to radio and 2006 in relation to television. Since those dates, foreign investment in radio and TV is governed by the provisions of general foreign investment policy which is broadly encouraging of foreign investment consistent with the national interest. Broadcast TV, radio and newspapers are defined as sensitive industries within that policy and all foreign investment proposals involving five per cent or more of a company’s stock regardless of the value of the investment must be notified to the Government and get prior approval before they can proceed (Treasurer, 2011). In most recent cases, approval has been granted subject to conditions regarding Australian residency of the CEO, retention of Australian incorporation and headquarters and inclusion of a majority of Australian directors on the board of a corporation; see for example, Costello (2007a and 2007b). Foreign investment proposals in other media industries, except for the special case applied to privatisation of Telstra (former government-owned telecommunications carrier) are subject only to the broader generally applicable thresholds to non-sensitive foreign investment. In the case of Telstra, ‘aggregate foreign ownership … is limited to 35 per cent of the privatised equity and individual foreign investors are only allowed to own up to 5 per cent’ (Treasurer, 2011). Two of the three main commercial television networks are controlled by foreign entities. The Canadian corporation Canwest (Izzy Asper) acquired a majority (50.1%) economic interest in the TEN Network in 1992 when the network was in receivership. To get around the then ruling prohibition of foreign control, the network was formally acquired by a corporation in which Canwest owned marginally less than the 15 per cent share of the prescribed foreign control threshold and held the remainder of majority economic interest in the form of subordinated debentures and convertible debentures which were not captured by the legislated definition of ‘company interests’. Following abolition of the restrictions on foreign ownership of television in 2006, the Government approved Canwest’s conversion of all its debentures into stock giving the company formal control of the network (Costello, 2007a). Foreign control of the Network ended in September 2009 when Canwest faced with financial difficulties, sold its stock to Australian institutional investors. Also in 2007, the government approved the purchase of the Nine Network (owned by PBL Media) by CVC Capital Partners, an international private equity and investment corporation. The transaction also included the purchase of ACP magazines, the largest magazine publisher in Australia but the latter did not require government approval. The removal of foreign investment controls of radio in 1992 was quickly followed by the entry of foreign investors in the Australian Industry. Australian Provincial Press, owned by the Irish Independent News and Media PLC (O’Reilly) and already established in the Australian market as publishers of more than a dozen regional daily newspapers and other periodicals, became the first foreign entrant in the radio industry. Forming a joint venture with Clear Channel (US), it gradually purchased several metropolitan radio stations to avoid breaching the then prevailing cross-media ownership prohibition of common ownership of daily newspapers and radio licences in the same area. Another major foreign investor in radio, the UK’s Daily Mirror Group (DMG), entered the market in 1996 and by 2000 had acquired one metropolitan and over 50 regional stations. By 2004 it had expanded its metropolitan stations to nine and began to focus exclusively in the metropolitan market. Soon after, it sold all its regional stations to the Macquarie Media Group. 28 In telecommunications, the special foreign investment rules relating to Telstra (mentioned above) have ensured its status as an Australian controlled carrier. The three other major carriers operating in Australia, however, are all foreign controlled. Optus, the second major carrier operating both wireline and wireless networks in competition with Telstra is currently a subsidiary of Singtel (Singapore Telecommunications) and was formerly owned by Cable and Wireless (UK). The other two, both major wireless carriers are Vodafone Australia, owned by Vodafone Group PLC (UK) and Hutchison Telecommunications (Australia), a subsidiary of the Hong Kong based Hutchison Whampoa Ltd. The latter two carriers have recently combined their Australian operations in a joint venture. Other foreign investments in telecommunication carriers include Telecom New Zealand, Primus Telecom (US), and Reach Networks (Hong Kong). In film, overseas features are a major component of film production activity in Australia contributing on average over 40 per cent of annual production revenue. A major producer of television programming, Endemol Southern Star, became a wholly-owned subsidiary of Endemol, the Nederland based producer/distributor of popular TV programs in 2009 (formerly it was a joint venture between Endemol and the Australian TV producer Southern Star). Film distribution is dominated by the large US based international distributors. Box office revenue is also predominantly accruing to the international distributors. In search engines, Google is the dominant operator with over 90 per cent of the market in terms of searches. Australian media investments in other countries are not extensive. Although News Corporation originated in Australia and its founder Rupert Murdoch is still often identified as Australian despite his acquisition of US citizenship, the corporation is effectively US based. Telstra has several significant investments in telecommunications services in other countries. These include TelstraClear the third ranked telecommunication carrier in New Zealand, and CSL New World Mobility Group, the largest wireless operator in Hong Kong. Another significant Australian related venture overseas is the Los Angeles-based diversified Village Roadshow Entertainment Group formed from a merger of the Australian Village Roadshow Pictures with Concord Music Group. 5. Overall Interpretation Concentration of ownership in broadcast television was influenced strongly by major changes to ownership regulation in the period immediately preceding that reviewed in this paper. Before 1987, prohibition of common ownership of more than two television stations ensured a low level of concentration. Its replacement in 1987 with a population reach limit, which in effect allowed common ownership of a television station in each of the five major metropolitan cities in Australia, had an immediate impact on concentration. Prior to that, the three main commercial operators controlled two stations, one each in the two largest metropolitan markets of Sydney and Melbourne. The removal of the two stations limit was quickly followed by changes in ownership of the three major commercial operators, with the new owners moving quickly to acquire properties in other metropolitan markets. This is reflected by the gradual rise in both the C4 and HHI in the period 1988-2000. Although concentration increased, the impact was attenuated by other ongoing ownership controls preventing ownership of more than one television station in any local market and prohibitions of entry into the industry by new players. Concentration peaked in 2000 when one of the three main networks was temporarily in excess of the population reach limits following an acquisition of a group of stations. That year was also a time of considerable turmoil in the industry with all three major commercial networks experiencing financial difficulties which subsequently forced them into receivership. The slight subsequent decline in the concentration ratio is due to the mandated divestiture of assets to ensure new owners remained within the population reach limits. 29 The situation in broadcast radio was much more fluid. Like broadcast television, broadcast radio had been subject to considerable change in ownership controls immediately prior to the period under review. Entry of new players in to the broadcast radio industry, although strictly controlled by licensing, was not prohibited as was the case for television. In particular, during the decade preceding 1988 several new FM radio broadcasters established themselves in the main metropolitan and regional markets. These, combined with the changes to the pre-existing controls of ownership, brought about extensive changes in the industry. However, the combined effect of the prevailing limit of common ownership of no more than two stations in any one local market and the licensing of up to 12 new large FM stations in the main metropolitan areas, in addition to the prominence of the national public broadcaster, seem to have averted undue concentration. Both C4 and HHI indicate low to moderate concentration in the broadcast radio industry. While the initial establishment of multicast (subscription) television in Australia was delayed and marred by government regulation, subsequent development of the industry has not been subject to regulatory restrictions of ownership. However, entry into the industry faces considerable barriers particularly in securing content. While some independent content aggregators are available to all multichannel providers, there is a significant level of exclusivity in the movie output of some Hollywood studios and popular sports programs. Foxtel was able to exploit a degree of vertical integration with its partial owners — Telstra (Australia’s dominant telecommunications) with regard to cable distribution in major cities and News Limited with regard to exclusive Hollywood movie output — to become the dominant player. Apart from a couple of very small operators, the Australian subscription TV market is subdivided into two exclusive submarkets each served by a single (monopoly) supplier of the same programming, Foxtel in major metropolitan areas, and Austar in regional areas. The high values of both C4 and HHI reflect the high level of concentration in the market. Liberalisation of the telecommunications sector, as would be expected, has had a major impact on industry concentration. With competition from new carriers and many smaller service providers, the market share of the incumbent carrier has been declining gradually over the years. However, the incumbent enjoys substantial economic advantages over its competitors not the least of which is its ownership of the wireline CAN throughout the country. After almost two decades of competition Telstra still controls more than 70 per cent of industry revenue. The position is unlikely to change significantly into the foreseeable future. However, the Government has recently embarked on the building of a national broadband fibre-optic network including the CAN (fibre-to-the home) with the intention of providing access to all carriers on an equal basis. When completed, it will do away with Telstra’s monopoly control of the CAN and is likely to intensify competition in the market with consequential reductions in industry concentration. In the wireless sector liberalisation has produced more intense market competition. The wireless sector was still in an early development stage when liberalisation was put in place giving the new entrant carriers a more balanced basis to compete with the incumbent. Consequently, Telstra’s market share has declined significantly during the review period. Nonetheless, Telstra remains the largest operator with market share of around 43 per cent. However, as the market has grown considerably, the current market shares of Telstra and its competitors relate to a much larger pie that was the case when completion was first introduced in the early 1990s. The nature of the Australian film and video production industry is not conducive to a high degree of concentration. The industry is largely made up of medium and small enterprises, with many very small establishments engaged in the provision of freelance services to larger production houses. This structure lends itself to the ‘project nature’ of much of the industry’s main production activity for which specialist skills and services are typically brought together for the duration of a project. A 30 large proportion of the industry output is made to order for television internally by television networks themselves or commissioned from other producers. More than two thirds of all establishments are engaged in production of outputs for television. In contrast, film distribution is dominated by the major international distributors. During the period under review, the HHI ratio for film distribution has declined from just above the high concentration threshold to lower levels in the moderate concentration band. C4 ratio shows a similar declined from 82 to 63 per cent. The decline in the industry concentration indices during the period under review is largely a reflection of the combined effect of the splitting of United International Pictures into Paramount and Universal in 2006. While the doubling of the share of the market held some 30 independent specialist distributors also made a small contribution to the decline, it is unlikely that their market share will grow sufficiently to pose a threat to the majors in the foreseeable future. Concentration in the Australian cinema exhibition industry has changed very little during the review period. The share of the market held by each of the three major cinema chains remained relatively stable. While there appears to be some ongoing slow rationalisation among the smaller operators in the industry, the resultant minor gains in market share are being made by medium size operators. In the period from 1998-2008 concentration in the Australian ISP market increased considerably, with the transformation of a relatively unconcentrated market to a highly concentrated one. The period coincides with extensive growth in the household internet access. In 1998, only 16 per cent of Australian household had access to the internet, by 2008 the proportion of households with internet access had quadrupled to 72 per cent (ABS, 2009). During the same period there was also a transformation of household internet connections telephone dial-up to largely ADSL broadband. The growth of the internet household market provided a significant advantage to incumbent telecommunications carriers over whose network the services were delivered. Unsurprisingly, the dominant incumbent telecommunications carrier, Telstra, was able to exploit this advantage to secure the lion’s share of the market. Other telecommunications carriers, despite deregulation of the telecommunications industry, were largely dependent on access to Telstra’s network to deliver their services. Consequently, both their appeal to customers and market growth were relatively constrained. The Australian Internet Search Engines market has always been highly concentrated and dominated by global operators. The situation in Australia largely reflects international developments. While there are several specialised Australian search engines they command only very small market shares. During the period under review the rise of Google at the expense of other previously popular global engines has resulted in dramatic increases in the already high industry concentration ratios. The analysis indicates a tendency for increased market concentration in all the electronic media markets. While regulation has constrained high levels of concentration in mass media markets, such as broadcast television and radio, the inherent economies of scale continue to provide incentives for greater concentration. In television, for example, there are major economies of scale in both programming and the supply of national advertising. In both of these areas, major broadcasters were able to increase their market power through commercial agreements that are not constrained by ownership regulation. The tendency towards concentration is also evident in the new media. As for all information services once content is created the cost of making it available to larger numbers of users are very small. Increased popularity of a service enables providers to exploit a virtuous circle by increasing investment in content and thus increase its appeal to users. Less popular services face a vicious circle fed by the loss of users and reduced capacity to invest in improvements. Bigpond in the ISP 31 market and Google in the search engine market display some of these characteristics. Bigpond, for example, is one of the most popular websites in Australia and offers its ISP subscribers unmetered access to its own content. Subscribers to rival ISPs incur a usage charge to download the same content via their ISPs, which in turn do not have as much capacity as Bigpond in providing matching or better content on their websites for unmetered access by their subscribers. The measures of concentration used in the research discussed above are based on traditional industry definitions. While convergence brought about by the development and rapid growth of online information services may have eroded traditional industry boundaries the resultant impact on industry concentration does not appear to have been significant. 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