The ACMA investigated Port Douglas station, FAB FM, following a complaint that the station was not providing open narrowcasting in accordance with its licence.
Under law, open narrowcasting services must be limited in some way, such as targeting special interest groups, or by providing programmes of limited appeal.
An ACMA investigation found FAB FM was broadcasting some content to a special interest group, being tourists visiting the Port Douglas region, however the proportion of material targeted at this group was low.
The majority of content was targeted at a wide audience, being residents of the Douglas Shire.
Of the broadcasts reviewed by the ACMA, less than 10 per cent of automated programming provided tourist information and of its four live-hosted programs, no more than 17 per cent of time was devoted to tourism information.
ACMA Chair Nerida O’Loughlin said radio broadcasters must ensure they operate within the terms of their licences or licensing arrangements.
“After a thorough investigation, we found that FAB FM is not providing open narrowcasting in accordance with its licence,” Ms O’Loughlin said.
“Licensees must comply with their licence conditions at all times. There are serious consequences for not doing so, including criminal proceedings and suspension or cancellation of the licence.”
The ACMA has accepted a court enforceable undertaking made by FAB FM to take actions to comply with its licence conditions and be monitored by the ACMA for the next two years.