The Australian Broadcasting Authority has sent a message that it will take a tough line on compliance for the off-band commercial licence sector by suspending the licence of 6GS Wagin in Western Australia.

The licence has been suspended for a period of 14 days from Sunday 15 June 2003. 6GS operates on a non-broadcasting services bands commercial radio licence. It transmits on AM 1611 just outside the official AM broadcast band.

The suspension follows the ABA’s finding that the licensee, Cybervale Pty Ltd, breached a condition of its licence in relation to audited annual returns for the financial year. The condition is set out at paragraph 8(1)(ha) of Schedule 2 of the Broadcasting Services Act and refers to section 205B of the Act about notifying audited returns and gross profit.

ABA Chairman David Flint told radioinfo: “Commercial radio broadcasting licensees are required to provide audited accounts to the ABA. They must do this within six months after 30 June in each year.”

In arriving at the decision to suspend the 6GS licence, the ABA considered that “Cybervale’s failure to provide the audited accounts within the prescribed timeframe was a serious breach of the condition of the licence.”

“As a reflection of the seriousness of the breach, this is the first time the ABA has decided to suspend a commercial radio broadcasting licence,” said Flint.

The town of Wagin is located south east of Perth midway between the towns of Narrogin and Katanning. As well as the off-band service, Wagin is currently served by six broadcasting services band radio services, four commercial (6WB and 6KAN Katanning and 6NA and 6NAN Narrogin) and two national (6WA and 6RN).