Community BroadcastingEnforcement Actions
as at 1 March 2014

Community Radio– Renewed with enforcement actions

Call Sign / Licence Area / Issues of Concern / Decision / Enforcement Action
NSW / ACT
2CHY / COFFS HARBOUR RA2 /
  • Meeting community needs
  • Encouraging participation
/ RENEWED – 3 April 2009
Agreed measures:
  • Conduct a survey of its community interest
  • Maintain a register of all feedback received
  • Ensure its website encourages community participation and remains up to date
  • Broadcast on-air announcements encouraging community participation
  • Establish a Programming Committee
  • Encourage community participation in the management of the station, through its Annual General Meeting
  • Amend its Constitution to ensure that it encourages participation in the service
  • Provide a comprehensive written report to the ACMA by 19 October 2009 on the implementation of the various strategies, activities and initiatives agreed to
Media release 65/2009:
2NSB / CHATSWOOD RA1 /
  • Monitoring community needs
  • Management, financial and technical capacity to provide service
/ RENEWED – 18 July 2011
Agreed measures:
  • Explore low-cost survey models (such as internet/webpage basedsurveys, shopping mall promotional stands) with the aim of conducting a survey ofthe broader community in the Chatswood RA1 licence area by 30 March 2012
  • Provide the ACMA will the results of its survey and demonstrate how the results have been used to inform changes in the programming and operations of its service
  • Require all Board of Management members elected at the 2011 AGM to undertake corporate governance training by an accredited organisation with an understanding of the community broadcasting sector, withspecific reference to strengthening management and financial capacity
  • Formulate a programming committee model that has the support ofmembers and elect members to the programming committee by the 2011 AGM
  • Develop and implement a programming policy, which includes the rolesand responsibilities of the programming committee, presenters and producers
  • Develop and implement guidelines that clearly define the process for assessing new programming ideas, including how community members are encouraged to submit new ideas
  • Provide the ACMA with monthly reports regarding its technical operations and financial position
  • Develop a five year business plan, outlining the steps 2NSB will follow to strengthen its financial and management capacity
  • Provide the ACMA with 12 comprehensive written reports on the implementation of the various strategies, activities and initiatives listed above, with the final report due by 30 August 2012

QLD
4CCR / CAIRNS RA2 /
  • Monitoring community interest
  • Governance capacity – policies and procedures
  • Membership capacity
  • Encouraging participation
  • Technical capacity
/ RENEWED – 1 December 2009
Agreed measures:
  • Keep its community informed of station matters through regularly updating information on the website, such as names of the members of the Board of Management and its program schedules, and using the website to inform the community of developments at the service, including posting of Board minutes and newsletters.
  • Undertake a review of documentation required under the Community Radio Broadcasting Codes of Practice 2008, and formulate a timetable for the development and implementation of the required policies.
  • Provide the ACMA with a list of policies and procedures that need to be developed and/or revised, a timetable for when the policies will be developed and implemented, copies of the finalised policy and procedure documents, and copies of the minutes from the Board of Management meetings where the new policies and procedures were approved.
  • Increasing the capacity of the members of the Board of Management through management training being undertaken. The training should include a combination of general management courses, and training specific to the needs of each Board member. Develop role descriptions for all Board of Management roles, including a detailed description of the roles and responsibilities, as well as the position’s reporting lines.
  • Encouraging members of the organisation to become involved in the operations and programming of the service through the development of policies and procedures for the Sponsorship and Programming Committees to ensure that the committees are comprised of Board and non-Board members. Combine the two Programming Committees to strengthen the decision making process. Develop guidelines regarding how members and the general community can provide input into programming decisions.
  • Amend its Constitution at Clause 5 to ensure the organisation has an open membership policy, removing the need for prospective members to ne nominated and seconded by existing members.
  • Provide the ACMA with updates regarding the progress of discussions on the required technical upgrades to ensure the service is operating in accordance with its technical specifications.
  • Provide two comprehensive written reports to the ACMA updating the ACMA on the implementation of the various strategies, activities and initiatives listed above. These reports will include supporting evidence and relevant documents. The schedule for reports to the ACMA is 1 May 2010 and 1 December 2010.

SA
5RRR / WOOMERA RA1 /
  • Meeting community needs
  • Technical capacity
  • Constitution – appeal and right of reply for disciplined members, criteria used to reject membership applications
/ RENEWED – 1 July 2009
Agreed measures:
  • Identify and establish transmitters sites to ensure its service reaches the Roxby Downs, Olympic Dam and Andamooka communities
  • Identify the needs of and attract members and volunteers from the Roxby Downs, Olympic Dam and Andamooka communities
  • Review its Constitution to ensure it is in line with the CBAA template, providing a copy to the ACMA for approval by 31 December 2009 and prior to the document being presented to members for consideration and endorsement
  • Provide the ACMA with quarterly status reports, with the first report due by 31 October 2009

TAS
7DBS / WYNYARD RA1 /
  • Management and financial capacity to provide service
/ RENEWED – 29 September 2010
Agreed measures:
  • Develop a five year business plan, outlining the steps it will follow to regain and maintain financial solvency
  • Review its current methods of record keeping and implement strategies by 1 March 2011 to ensure association records are adequately retained
  • Amend its Constitution by 1 March 2011 to adopt the CBAA model rules provisions relating to the approval and rejection of new membership applications
  • Provide a written report to the ACMA by 1 March 2011 regarding the implementation of the various strategies, activities and initiatives listed above

Community Radio– Not Renewed

Call Sign / Licence Area / Issues of Concern / Decision / Rationale
NSW / ACT
2ARM / ARMIDALE RA2 /
  • ACMA not satisfied that 2ARM has the management capacity to provide a service
  • ACMA not satisfied with the extent to which 2ARM is able to meet the existing and perceived needs of the community
/ NOT RENEWED – October 2007
The ACMA considered the evidence and the submissions in support of the Armidale Community Radio’s licence renewal application. There were significant concerns about whether the licensee’s service meets the needs of the general community in the licence area. In addition, there were concerns about the licensee’s management capacity and whether its governing rules adversely affect its ability to encourage members to participate in the operations and programming of the service.
Media release 109/2007:
2BCR / BANKSTOWN RA1 /
  • Not adequately meeting the needs of the local community
  • Not adequately encouraging the community to participate in the service
  • Diversity of broadcasting services in the licence area
  • Technical and financial capacity to provide a service
/ NOT RENEWED – June 2007
The ACMA had very significant concerns about the licensee’s capacity to represent the interests of the Bankstown/Auburn community. Most of the licensee’s members are from communities outside the licence area and a significant proportion of its programs are directed at communities that are largely resident outside the licence area.
Media release 68/2007:
2HOT / COBAR RA2 /
  • Management capacity to provide a service
  • Not adequately meeting the needs of the local community
  • Not adequately encouraging the community to participate in the service
/ NOT RENEWED – December 2007
The ACMA found that the licensee did not adequately identify community needs and that the service provided by 2HOT did not meet the needs of the community in the licence area. The licensee’s management capacity and ability to comply with the licence conditions also concerned the ACMA.
Media release 3/2008:
WA
6PCR / FREMANTLE RA1 /
  • Management capacity of concern
  • Not adequately meeting the needs of the local community
  • Not adequately encouraging the community to participate in the service
/ NOT RENEWED – January 2008
In assessing Portuguese Cultural and Welfare Centre’s (PCWC) licence renewal application, the ACMA found significant corporate governance problems. Due to the seriousness of these problems,the ACMA decided PCWC did not have the management capacity to provide the service.
Media release 9/2008:
6YMS / PERTH RA1 /
  • Not adequately meeting the needs of the community
  • Management capacity of concern
  • Ability to represent community interest and encourage participation in the operations and programming of the service
  • Capacity to comply with additional licence conditions relating to Australian music content, on-air announcements, maintaining the access committee and financial record-keeping
/ NOT RENEWED – February 2008
In assessing the licence renewal application from Groove FM, the ACMA found significant corporate governance problems. Due to the seriousness of these problems and the poor history of compliance with its licence obligations over several years, the ACMA decided that Groove FM did not have the management capacity to provide the service. The ACMA was also of the view that the service did not adequately meet the needs of the broader youth community of Perth, as its music programming was too narrow.
Media release 15/2008:

Community RadioInvestigations – Complaints Based

Call Sign / Licence Area / Issues of Concern / Enforcement Action
QLD
4DDB / TOOWOOMBA RA2 /
  • Broadcasting advertisements
  • Broadcasting excessive sponsorship announcements
  • Operating the service for profit or as part of a profit-making enterprise
/ Enforceable undertaking – May 2009:
  • Amend its sponsorship policies and procedures and provide a copy to the ACMA by 31 May 2009
  • Provide training on the revised sponsorship policy and procedure by 30 June 2009
  • Only broadcast a sponsorship announcement on its service if an agreement is made in writing between the licensee and the sponsor and any consideration given for the announcement is given to the licensee
  • Establish and maintain a register of all sponsorship agreements
  • Maintain a register of all wages, salaries, commissions and other remuneration
  • Terminate all contracts, agreements and understandings with a specified third party by 31 January 2009
  • Amend its conflict of interest policy by 31 May 2009
Media release 63/2009: