5RM, 3GG and 4HI breach trigger event rules

The Australian Communication and Media Authority has found 5RM Riverland (SA), 3GG Warragul (Vic) and 4HI Emerald (Qld) did not meet the minimum service standard for local news during an audit into six regional commercial radio stations conducted during March 2010. 5RM is owned by Fairfax Radio, 3GG is owned by Resonate Broadcasting (Guy Dobson and Rex Morris), and 4HI is owned by Brad Smart’s Smart Radio group.

 

All three stations were sold after the ‘trigger event’ rules came into place in 2007, with the sale triggering a requirement that the stations must keep their local news and content quotas up at the same levels as before the change of ownership.

 

The ACMA audit was part of an investigation into regional commercial radio’s compliance with the trigger event local news and information obligations. The commercial radio industry has consistently objected to the trigger event rules.

 

Regional commercial radio licensees are required to comply with minimum service standards for local news and information after a trigger event (for example, a change of ownership) occurs to their licences. These obligations were introduced following the removal of cross-media ownership restrictions in 2007 (see our earlier stories here  and here ), largely championed by Queensland MP Paul Neville, who has since said the rules went too far.

 

The ACMA found that for the sample week 14 to 20 March 2010, the six licensees investigated broadcast more than the minimum service standards for local weather and community service announcements. But three of the licensees did not meet the minimum service standards for local news. Stations in small communities have argued that it is hard to find local news to broadcast in many cases, and that the requirements do not take this into account for smaller regions.

 

The three licences that did meet all the minimum service standards were 2CSF Coffs Harbour (NSW), 6RED Karratha (WA) and 7XXX Hobart (Tas).

 

The ACMA has accepted an enforceable undertaking from 5RM Riverland under section 205W of the Broadcasting Services Act 1992 to fix a systemic breach of the local news requirements. 5RM has undertaken to implement staff training programs and compliance monitoring processes, as well as providing reports to the ACMA (see part of the agreement below).

 

 

The ACMA has also agreed on measures to be undertaken by 3GG Warragul and 4HI Emerald, including enhanced procedures, staff training and reporting to the ACMA.

 

Since buying into the Resonate Broadcasting company, Guy Dobson has become Metro Radio head at Southern Cross Austereo. The Brad Smart’s stations are now for sale, as are those of Fairfax Radio.

 

Each regional commercial radio licensee is required to give the ACMA a report in writing about the licensee’s compliance with the Local Content Licence Condition during a financial year within three months after the end of the relevant financial year.

 

Trigger event affected licences are required to meet the minimum service standards for local news and information. This requirement includes the obligation to broadcast a minimum number of:

  • eligible local news bulletins
  • eligible local weather bulletins
  • local community service announcements
  • emergency warnings, and
  • designated local content programs

News and weather bulletins and community service announcements are considered ‘local’ if they relate to the licensee’s licence area.

If a trigger event for a regional commercial radio licence occurs, the licensee must submit a draft local content plan to the ACMA within 90 days of the trigger event. The draft local content plan must state how the licensee intends to meet the minimum service standards for local news and other information.

 

The ACMA has developed a suggested format for annual compliance reports and guidelines for their completion (click the related link below to view it).