Investigation Report No. BI-261

Investigation report no. BI-261

Background

On 22 September 2016, the Australian Communications and Media Authority (the ACMA) received two complaints that the licensee of 2VTR, Hawkesbury Radio Communications Co-operative Society Ltd, was preventing the complainants from becoming members of the Co-operative and, by doing so, was not encouraging participation in the operations of the service.

The ACMA has investigated 2VTR’s compliance with the licence condition at sub-paragraph 9(2)(c)(i) of Schedule 2 to the Broadcasting Services Act 1992 (the BSA).

The service

2VTR holds a long-term community radio broadcasting licence and is licensed to represent the general community interest in the Windsor RA1 licence area. The current expiry date of the licence is 3 October 2017.

Assessment

The ACMA’s finding is based on submissions from the complainants and submissions from the licensee, dated 27 October 2016 and 31 January 2017, respectively.

Complainants’ submissions

The complainants’ submissions included:

Complainant 1

We have been trying to join as members of 2VTR Hawkesbury Radio for the past FIVE YEARS [complainant’s emphasis]. They have currently held our membership application fees for nearly a year.

[…] We have been given the royal run around by the chairman and his directors, receiving multiple letters and emails, none of which have confirmed our membership. […] since we live and listen in the Station’s broadcast area […] simply wanted to support our local community radio station.

Complainant 1 provided copies of letters he received from 2VTR. 2VTR’s letter of May 2016 to Complainant 1 states:

Your application was submitted to the board for consideration at their recent meeting but they were unable to determine the application, because they don’t have enough information about you.

The board would like you [sic] meet you at an informal meeting to discuss your application, and how you might see yourself being a part of the Station. It will not need to be a lengthy meeting but they would just like to get to know you and see how you would like to be involved with the station, as required by our rules.

[…]

This is not a rejection of your application – merely a recognition that the board has certain requirements under our rules to accept new members, and did not think they knew enough about you to fulfil that obligation.

Complainant 2

I submitted a membership application to Hawkesbury Radio, together with membership fees, on 24th January 2016 EIGHT [complainant’s emphasis] months ago.

Since then the board asked me to attend a meeting, but I explained that I have a disability and would find that too onerous.

After numerous emails back and forth, they formally rejected my application, presumably because I was unable to attend their interview and they failed to refund my application fee, even after my request for them to do so.

Complainant 2 provided copies of email correspondence with 2VTR. Extracts from that correspondence are set out below:

·  On 29 February 2016, complainant 2 to 2VTR:

Last month I sent you my membership application form and fee to join Hawkesbury Radio but haven’t heard anything.

Please advise status of my membership.

·  On 11 April 2016, complainant 2 to 2VTR:

I sent in my application for membership of Hawkesbury Radio months ago and haven’t had any response. Doesn’t the Station want new members? Please confirm my membership.

·  On 5 August 2016, 2VTR to complainant 2:

Your application was submitted to the board for consideration at their recent meeting but they were unable to determine the application, because they don’t have enough information about you.

The board would like you [sic] meet you at an informal meeting to discuss your application, and how you might see yourself being a part of the Station. It will not need to be a lengthy meeting but they would just like to get to know you and see how you would like to be involved with the station, as required by our rules.

We have a time set aside for this next Monday, 8 August, at 6pm […] if the time doesn’t suit you, and I realise this is quite short notice, please contact me so we can make a convenient time.

This is not a rejection of your application – merely a recognition that the board has certain requirements under our rules to accept new members, and did not think they knew enough about you to fulfil that obligation.

·  On 8 August 2016, complainant 2 to 2VTR:

The late notice did create issues for me, however even so I am unwilling to attend the proposed meeting as I find it difficult to comprehend why such a meeting should be necessary. As an occasional listener to 89.9FM I am keen to support my local community radio station and thought that by joining membership (and paying a membership fee) this would indicate my support at a practical level. I have no immediate intention of becoming involved in the day to day operations of the station, but based on my 30+ years experience as a local business owner I felt I may have a contribution to make at some level down the track, once I become more familiar with your activities. Perhaps you would be good enough to send me a copy of the Rules that you have mentioned, so that I may better understand the quirks of Hawkesbury Radio. In the meantime, I would request that you process my application and confirm acceptance. If you choose not to do so, then please refund my application funds.

·  On 8 August 2016, 2VTR to complainant 2:

Thank you for your email. I apologise once again for the short notice on the meeting today.

The station is owned by a co-operative, not an incorporated society (Hawkesbury Radio Communications Co-operative Society Limited). As such, we are governed by our rules, but also requirements of several government departments, specifically the NSW Department of Fair Trading, who administer the law relating to co-operatives and the federal Australian Communications and Media Authority (ACMA) who administer the law relating to community radio stations. It sometimes makes for quite complicated rules, and at times conflicts between one requirement and another.

However the relevant rule that you are asking about is part of the Co-operatives National Law. It says

Qualifications for Membership:

A person qualifies for membership of the co-operative if the person:

(a) is able to use or contribute to the services of the co-operative

(b) has a genuine interest in the primary activities of the co-operative and

(c) can demonstrate a track record of community involvement and support.

So we are required by the Co-operatives law to endeavour to see that people applying for membership are intending to be a part of our activities.

I will submit your application again to the board at the next meeting and will let you know what they determine.

·  On 9 August 2016, complainant 2 to 2VTR:

Further to your email yesterday, when reconsidering my membership application the board needs to be aware that I have been a Hawkesbury Radio listener (a Cooperative user) and that my application for membership obviously represents a genuine interest in the Station’s activities. As to my track record for community involvement and support, I was a founding member of the Hawkesbury Valley Baptist Church and as such was involved in the development of community services such as LINCS[1] and also aided in the commencement of the Hawkesbury Christmas carols in Hanna Park.

I look forward to your early response.

·  On 19 August 2016, 2VTR to complainant 2:

I am sorry you didn’t attend our recent “meet’n’greet session” so our board members could get to meet you. It makes it difficult for them to decide on your application if no one at the meeting knows you, or has even met you.

We’ll be having another session before the next board meeting, and we’d like to see you then if you wish. If you’d like to come to the next meet’n’greet, please let me know and when the date and time is set I’ll advise you of the details. Or if you prefer I can just put your application to the next board meeting.

·  On 19 August 2016, complainant 2 to 2VTR:

Being a stroke survivor but with some mobility issues, it is too difficult for me to attend meetings so please submit my application as it stands.

Licensee’s submissions

On 6 October 2016, the ACMA wrote to 2VTR, advising it of the ACMA’s investigation and requesting information, including on the following matters:

·  the number of membership applications received each month between 1 October 2015 and 30 September 2016

·  the number of applications received each month that were accepted and rejected, including the number pending a decision

·  the number of financial members on 2VTR’s membership register as at 1 October 2016

·  the number of volunteers on 2VTR’s books as at 1 October 2016

·  the numbers of members and volunteers involved in the administration and management of the service as at 1 October 2016

·  the number of committees in operation as at 1 October 2016, including the names of the individuals on each committee.

On 27 October 2016, 2VTR provided the information requested and the following comments:

You might like to take into account that at 1 October, our committees were just being formed for the year. The board meeting at 20 September assigned board responsibilities to the various committees and in some cases the directors were only beginning to gather members for their committees.

For example, until 20 September, I had been Community Relations Director, and during the previous year, my committee consisted of myself, […], and […]. […] died in June, and […][2] was busy […], so committee meetings weren’t called. However, our community activities continued as they had been for the rest of the year to date.

In case it might help you, I have also included […] Outside Broadcasts where I list the events that we have taken our OB [Outside Broadcast] bus and either broadcast live from the event, or provided music and PA facilities to the event, plus live crosses to the on-air studio hourly during the event. For not-for-profit events, this service is provided free of charge and frequently lasts all weekend.

Like most volunteer/community organisations, there is always far more work to be done than people looking for tasks to do. For example I have had a notice on the studio noticeboard and on the station’s website for 2 years, looking for people wanting to be involved in our community relations activities, without a single response. Even after complaints from a few members at our meetings that members weren’t permitted to take any part in management of the station and there was a need for people to help with our community involvement activities, there were still no volunteers. Particularly, there were no volunteers (or even enquiries!) from the members who were complaining. Our most persistent complainers would be welcome on any of a number of committees but they have never asked to be involved. The invitation to all members to join any committee on an ad hoc basis or a permanent basis remains open.

On 1 February 2017, the ACMA received a submission from 2VTR, dated 31 January 2017, in response to the ACMA’s preliminary investigation report. 2VTR stated the following views:

(1)  a finding of a breach would be unreasonable, unfair, and would not be supported by the facts;

(2)  further, we believe that your investigation does not adequately address the real situation; and

(3)  we believe that ACMA’s attitude towards what “community involvement” means does not take account of the realities of life running a radio station in a small semi-rural town, as we have for more than 35 years.

2VTR also submitted that:

·  it currently has 184 ‘active’ members

·  ‘it is perfectly reasonable for board members to want to put a face to the name when they are asked to consider a membership application’

·  ’it has spoken to ‘most of the [community] stations around us’ and ‘all have fewer members than we do, based in bigger communities’.

Issue: Is the licensee encouraging participation in the operations of the licensee?

Relevant provisions of the Broadcasting Services Act 1992

Schedule 2 – Standard conditions

Part 5 – Community broadcasting licences

9 Conditions applicable to services provided under community broadcasting licences

[…]

(2) Each community broadcasting licence is also subject to the following conditions:

[...]

(c) the licensee will encourage members of the community that it serves to participate in:

(i) the operations of the licensee in providing the service or services […]

Finding

The licensee is not encouraging participation in the operations of the service and, accordingly, is in breach of sub-paragraph 9(2)(c)(i) of Schedule 2 to the BSA.

Reasons

All community broadcasting licensees are required to comply with the licence condition to encourage community participation in the operations of their service. Compliance with this licence condition is a key characteristic of community broadcasting services.