Guide to completing LCLC1 form (Annual compliance report – Material of Local Significance)
JULY 2013
Canberra
Purple Building
Benjamin Offices
Chan Street
Belconnen ACT
PO Box 78
Belconnen ACT 2616
T +61 2 6219 5555
F +61 2 6219 5353 / Melbourne
Level 44
Melbourne Central Tower
360 Elizabeth Street
Melbourne VIC
PO Box 13112
Law Courts
Melbourne VIC 8010
T +61 3 9963 6800
F +61 3 9963 6899 / Sydney
Level 5
The Bay Centre
65 Pirrama Road
Pyrmont NSW
PO Box Q500
Queen Victoria Building
NSW 1230
T +61 2 9334 7700
1800 226 667
F +61 2 9334 7799
© Commonwealth of Australia 2013
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced
by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction
and rights should be addressed to the Manager, Editorial Services, Australian Communications and Media Authority,
PO Box 13112 Law Courts, Melbourne Vic 8010.
Published by the Australian Communications and Media Authority
acma | 1
Contents (Continued)

About this guidance note

Key terms

Overview of the local content licence condition

Material of local significance

Annual reporting

Record keeping

Local content statements

Local content statement summary

Using the LCLC1 form

Structure of the LCLC1 form

Licensees that hold multiple licences or who are members of the same group company

Reporting period

Start date / End date:

Licence details

Licence area

Licence number

Compliance information

Reporting period

Start date / End date:

Local content statement summary

Licence area

Licence number

What was the duration of local content broadcast on [business day] during the specified week?

Content breakdown

Licence area

Licence number

What category of ‘Material of local significance’ did the licensee broadcast between [time]?

Submitting documents to the ACMA

Further information

acma | 1

About this guidance note

The ACMA has developed this guidance note to assist holders of regional commercial radio broadcasting licences to complete and submit the annual compliance report as required under section 9 of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2012.

The licence condition (and therefore this guidance note) applies to all regional commercial radio broadcasting licences except licences that are:

  • a remote area service radio licence;
  • a regional racing service radio licence; or
  • allocated under subsection 40(1) of the Act.

This guidance note is designed to be read in conjunction with electronic form LCLC1, the suggested format for annual compliance reports made under the local content licence condition. Licensees are required to provide the annual compliance reports in writing but are not required to use electronic form LCLC1.

Copies of thelegislation referred to in this guidance note – including the Broadcasting Services Act 1992, the local content licence condition, the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007, and the Broadcasting Services (Hours of LocalContent) Regulations 2007– are available from Many of the terms used in this note and in the LCP2A form are defined in the legislation referred to in the guidance note.

Licensees should note when completing their annual compliance reports that it is an offence to give false or misleading information or documents to theACMA (section 137.1 of the Criminal Code 1995).

Key terms

Below is a list of the key terms used in this guide and the LCLC1 form.

the Act / Broadcasting Services Act 1992
the Declaration / Broadcasting (Hours of Local Content) Declaration No. 1 of 2007
the form / the LCLC1 form recommended for completing annual compliance reports under clause 9 of the local content licence condition.
licensee / the holder of a regional commercial radio broadcasting licence
licence / a regional commercial radio broadcasting licence, not including a regional commercial broadcasting licence that is:
  • a remote area service radio licence;
  • a regional racing service radio licence; or
  • allocated under subsection 40(1) of the Act.

local content licence condition / Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2012
local content quota / the applicable number of hours of material of local significance for a licence
the Regulations / Broadcasting Services (Hours of LocalContent) Regulations 2007

Overview of the local content licence condition

Material of local significance

Under section 8 of the local content licence condition, licensees are to broadcast the ‘applicable number’ of hours of ‘material of local significance’ during daytime hours (5 am to 8 pm) on a ‘relevant business day’.

Under the Declaration, the ‘applicable number’ of hours is:

  • 30 minutes for a small licence
  • 3 hours for any other regional commercial radio licence.

‘Material of local significance’ is defined in sections 6 and 7 of the local content licence condition as material that:

  • is hosted in the licence area;
  • is produced in the licence area;
  • relates to the licence area; or
  • is broadcast by the licensee in compliance with obligations under SubdivisionB of Division 5C of Part 5 of the Act.

Announcements that material of local significance will be broadcast at a later time do not count towards the local content quota[1].

If the material of local significance is advertising or sponsorship matter, for which thelicensee receives (or is entitled to receive) a payment or payment in kind, it cannot comprise more than 25% of the local content quota[2].

A relevant business day is a business day outside of a five week period that either has been specified by the ACMA under paragraph 43C(1A)(a) or (b) of the Act or otherwise commences on the second Monday of December each year. The requirement to broadcast material of local significance does not apply during the relevant five week period.

Annual reporting

Under section 9 of the local content licence condition, a licensee is to prepare an annual report that sets out the licensee’s compliance with its requirement to broadcast the applicable number of hours of material of local significance under its licence.

The annual report is to cover an entire financial year and must be submitted to the ACMA within three months of the end of that financial year.

To assist licensees meet their reporting requirements, the ACMA has developed an electronic form, LCLC1. Use of the form is recommended and preferred but not mandatory.

Record keeping

Under section10 of the local content licence condition, a licensee must make and keep a record of the material of local significance it has broadcast in the licence area relating to its licencefor a limited period of time. The ACMA is entitled to request licensees to provide separate and distinct records in relation to each licence.

Local content statements

Under section11 of the local content licence condition, a licensee must compile a ‘localcontentstatement’foreachofthelicencesitholdsthat aresubjecttothelocalcontentlicencecondition. A local content statement is to record the material of local significance broadcast during daytime hours of each relevant business day.

A licensee must make each local content statement publically available, either by publishing the statement on its website, or by providing a copy to any person on request.

The requirements for local content statements are set out, in full, in section 11 of the local content licence condition.

For licences with regular programming, local content statements must identify:

  • the period covered by the local content statement;
  • programs or parts of programs that count towards the local content quota; and
  • the basis on which the program qualifies as material of local significance (that is, whether the program is produced in, hosted in or relates to the licence area).

Licences which do not have regular programming need to include in their local content statements the date, time, duration and name of each program, as well as the basis on which the program qualifies as material of local significance (that is, whether the program is produced in, hosted in or relates to the licence area).

Local content statement summary

Under the local licence condition, a licensee is required to comply with a request from the ACMA to provide access to a local content statement as soon as possible after the request is made.

Typically, the ACMA will request access to a local content statement when reminding licensees of the annual reporting requirements under the local content licence condition. In this case, in its reminder letter the ACMA will specify a week for which the local content statement must be provided.

The LCLC1 electronic form provides for licensees to supply a summary of a weekly local content statement, in lieu of the local content statement itself. The ACMA recommends and prefers that the local content statement summary form be used, but this is not required.

Access to the local content statements for licences should be provided as soon as practicable, but no later than 30 September of the relevant financial year. If you are unable to do so, please provide reasons for why this is not practicable, and a date by which the statements will be provided to the ACMA. Any later date will be subject to agreement of the ACMA.

Using the LCLC1 form

These notes explain how to complete the suggested format electronic form LCLC1as part of the annual compliance reporting requirements attaching to regional commercial radio broadcasting licences.

Structure of the LCLC1 form

The LCLC1 form has six parts, marked by tabs at the bottom of the form.

Respondents using the LCLC1 form should provide information at up to five of these six tabs:

  1. Cover sheet
  2. LCLC1
  3. LCSS (Local content statement summary)
  4. Declaration
  5. Instructions for completion*
  6. Times

* Denotes a tab containing information only

Licensees that hold multiple licences or who are members of the same group company

If a regional commercial radio licensee holds more than one regional commercial radio licence that is subject to the licence condition,then that licensee may use one form to report on annual compliancefor up to affected 10 licences. If the form is being submitted by, or on behalf of, a single licensee (for one or more licences) the declaration tab does not need to be completed.

Different licensees within the same group company may also elect to use one form to report on compliance, for up to 10 affected licences. However, an authorised agent or authorised officer must provide on behalf of the licensees a declaration regarding the accuracy of the report in the format provided on the Declaration tab of the electronic form. In addition, each licensee MUST be listed on the Declaration.

Licensee(s) using one form to report on multiple licences MUST list each licence separately in the form and answer the applicable questions for each licence.

If reporting on more than 10 licences, please submit separate forms for the remaining licences.

Tips

  • Only complete cells coloured pale yellow.

1)Cover sheet tab

Tips

  • Enter the contact details of the authorised person the ACMA should contact regarding the information supplied in the annual compliance report.
  • Enter the date on which the form is being submitted.

2)LCLC1tab

The LCLC1 form has allows up to 10 licences to be submitted on the one form.

The LCLC1 form contains two main tables that must be completed:

  • REPORTING PERIOD table – this specifies the financial year for which the annual report is being made.
  • LICENCE DETAILS table – for licensees to enter information about the licence(s), including information about the licensee’s compliance with the local content licence condition over the relevant financial year.

Reporting period

Startdate / Enddate:

Enter the beginning and end dates for the period being reported on in this form.

  • Start Date –
  • 1 July of relevant financial year

OR

  • for new licences, the date of commencement of the broadcasting service [format: dd/mm/yyyy].
  • End Date – 30 June of relevant financial year [format: dd/mm/yyyy].

Licence details

Licencearea

Insert the name of the licence area(s) that you are reporting on by clicking in the cell and selecting from the dropdown options. The dropdown options show the correct name for the licence area.

If you are not sure of the correct name for the licence area, you can refer to the list of broadcastinglicence areas on the ACMA’s website (

Licencenumber

Insert the service licence number(s) of the licence(s) covered by the annual compliance report by clicking in the cell and selecting from the dropdown option(s).

The suggested electronic form provides for reporting on up to 10 licences held by the one licensee or by licensees who are members of the same group company. If you are reporting on more than 10 licences you must report on the remaining licence(s) in separate form(s).

Compliance information

QUESTION 1.

Did you broadcast at least the applicable number of hours of material of local significance during daytime hours on each business day in the reporting period stated on this form for each licence listed? (Note: The Local Content Licence Condition does not require licensees to broadcast the applicable number of hours of material of local significance during their relevant five-week ‘holiday’ period – see s.43C of the Broadcasting Services Act 1992.)

For each licence listed in the electronic form, indicate whether or not you complied with the local content quota for the reporting period 1 July to 30 June by selecting either ‘Yes’ or ‘No’ from the drop down menu.

You do not need to consider whether you complied with the local content quota during the five week holiday period set out in the Act, or specified by the ACMA.

Applicable number of hours

For the purposes of the regional commercial radio broadcasting licences to which the local content licence condition applies, the Declaration defines the ‘applicable number of hours’ as being30 minutes per day for a ‘small licence’ and three hours per dayfor any other licence.

The declaration defines ‘small licences’ as licences in licence areas with a population of less than 30,000, based on the ACMA’s population figures. If you do not know the population of the licence area, refer to the population figureson the ACMA’s website.

QUESTION 1a.

If answer to Q1 is 'No', please select a reason from the drop down menu.

If you responded 'Yes' to Q1 do not answer this question, instead go to Q2.

Ifyoudidnotcomplywiththerequirementtobroadcastatleasttheapplicablenumberof hoursofmaterialoflocalsignificanceinrelationtoalicenceyouarereportingon,youmust provideareasonfornon-compliance.

Foreachlicencelistedintheelectronicform,ifyouresponded'No'toQ1,providea responsetothisquestionbyselectingoneofthefollowingreasonsfromthedropdown menu:

  • Natural Disaster;
  • Technical Issue;
  • Licensing Issue;
  • Procedural Error;
  • Staffing Issue;
  • Licence category change;
  • Other.

QUESTION 1b.

Please provide details for reasons given in Q1a.

If you responded 'Yes' to Q1 do not answer this question, instead go to Q2.

For each licence listed in the electronic form, if you responded 'No' to Q1, answer this question by explaining your reason for non-compliance.

You may provide an electronic attachment setting out details, if necessary. Please email any attachment to the ACMA along with the completed LCLC1 electronic form.

QUESTION 2.

During the reporting period, how did you make the current local content statement(s) available to the public?

The local content licence condition requires a licensee to make current local content statements in relation to each licence it holds. Local content statements must be made publicly available by publishing them on a licensee’s website or by making them available on request.

For each licence listed in the electronic form, state how the current local content statementis made available to the public by selecting one of the following reasons from the drop down menu:

  • Published on website;
  • On request;
  • Both; or
  • Neither.

QUESTION 2a.

If you made your local content statement available on your web page, please provide the web page URL.

Only answer this question if you responded ‘Published on website’ for Q2. Otherwise go to Q2b.

For each licence listed in the electronic form that complied by publishing the current local content statement on their website, insert the webpage URL for the location of your current local content statements.

QUESTION 2b.

If your answer to Q2 was 'neither', please provide details.

Only answer this question if you responded ‘Neither’ for Q2. Otherwise go to Q3.

If you responded 'Neither' to Q2, answer this question by explaining your reason for non-compliance with the requirement to make local content statements available to the public.

You may provide an electronic attachment setting out details, if necessary. Please email any attachment to the ACMA along with the completed LCLC1 electronic form.

QUESTION 3.

Have you kept audio records for 6 weeks from the start of the reporting period stated on this form as required by section 10 of the local content licence condition?

Section 10 of the local content licence condition requires licensees to keep audio records for a six week period starting on the date of the broadcast. Q3 is asking licensees to advise the ACMA about compliance with this record-keeping requirement from the start of the reporting period (as specified on this form).

For each licence listed in the electronic form, indicate whether or not the licensee kept the required records during the reporting period by selecting either 'Yes' or 'No' from the drop down menu.

QUESTION 3a.

Please provide details if you answered 'No' to Q3.

If you responded 'Yes' to Q3 do not answer this question, instead go to the ‘LCSS’ tab.

If you did not keep the required records during the reporting period you must submit a detailed explanation of why the records were not kept with your annual compliance report.

For each licence listed in the form, if you responded 'No' to Q3, answer this question by explaining your reason for non-compliance.