NOVEMBER 2013
Canberra
Red 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 | ii
Contents (Continued)
About this guidance note 1
Key terms 2
Overview of local content plans 3
Using the LCP1A form 5
Submitting documents to the ACMA 14
acma | xiAbout this guidance note
The ACMA has developed this guidance note to assist regional commercial radio broadcasting licensees to complete and submit a draft local content plan.
According to paragraph 61CF(1)(a) of the Broadcasting Services Act 1992, a licensee is required to submit a draft local content plan for a licence to the ACMA for approval each time a trigger event occurs for the licence. Where a new trigger event occurs whilst a local content plan is still in force, the old local content plan will replaced by the new local content plan once it is approved by the ACMA.
The requirement to submit a draft local content plan applies to all regional commercial radio broadcasting licences that have been affected by a trigger event.
Therefore, this requirement does not apply to licence types which are not subject to the rules about trigger events, namely:
· a remote area service radio licence;
· a regional racing service radio licence; or
· a licence allocated under subsection 40(1) of the Act.
Please read this guidance note in conjunction with electronic form LCP1A. This form is the preferred format for licensees to submit a draft local content plan. Please note that the use of this form is not mandatory, however, the ACMA recommends that trigger event affected licensees use this form when submitting a draft local content plan.
Copies of the legislation referred to in this guidance note – including the Broadcasting Services Act 1992, the Broadcasting Services (Regional Commercial Radio) Regulations 2013 and the Broadcasting Services (Meaning of Local) Instrument 2007,– are available from www.comlaw.gov.au. Many of the terms used in this guidance note and in the LCP1A form are defined in the legislation referred to in this note.
Licensees should note when completing a draft local content plan that it is an offence to give false or misleading information or documents to the ACMA (section 137.1 of the Criminal Code 1995).
Key terms
Below is a list of the key terms used in this guidance note and the LCP1A form.
the ACMA / the Australian Communications and Media Authoritythe Act / Broadcasting Services Act 1992
the form / the LCP1A form.
the Instrument / Broadcasting Services (Meaning of Local) Instrument 2007
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.
Overview of local content plans
Local content plans
Under Subdivision C of Division 5C of Part 5 of the Act, where a licence becomes subject to a trigger event[1], the licensee must submit a draft local content plan for the licence to the ACMA for approval. The draft local content plan must set out how the licensee will comply with statutory requirements to meet minimum service standards for local news and information.[2]
When an approved local content plan is in force, the licensee must take all reasonable steps to ensure compliance with the plan.
Register of approved local content plans
The ACMA maintains a register of all approved local content plans – Register of approved local content plans | ACMA
Minimum service standards
The minimum service standards for local news and information specify the minimum number of times per week (the target number) that the licensee is required to broadcast:
· ‘eligible local news bulletins’;
· ‘eligible local weather bulletins’; and
· local community service announcements.[3]
The target number refers either to whichever of the following numbers is greater:
a) specified in the legislation, or
b) declared by the Minister or,
c) for the purposes of eligible local news bulletins, the average number of eligible local news bulletins broadcast under the licence during 52 weeks prior to the most recent trigger event (‘the benchmark year’);
The minimum service standards also relate to emergency warnings and require licensees to broadcast those warnings as, and when, asked to do so by an emergency service agency.
If an approved local content plan is in force, the licensee must take all reasonable steps to ensure compliance with the plan.
Meaning of ‘local’
The Instrument defines the meaning of ‘local’ for the purposes of Subdivision B of Division 5C of Part 5 of the Act. Under the definition in the Instrument, news bulletins, weather bulletins, community service announcements and designated local content programs are ‘local’ if they ‘relate to a licensee’s licence area’.
Annual reporting
Section 61CPA of the Act requires that where a local content plan has been in force during whole or part of the financial year, the licence is required to give the ACMA a report about the licensee’s compliance with the approved local content plan during the financial year. Annual reporting is provided using the LCP2A form and is due with the ACMA by 30 September each year.
Using the LCP1A form
Structure of the LCP1A form
The LCP1A form has five parts, marked by tabs at the bottom of the form.
Respondents using the LCP1A form may be required to provide information at four of these five tabs:
1. Cover sheet
2. LCP1A
3. Declaration
4. Times
5. Instructions for completion*
* Denotes a tab containing information only
Licensees that hold multiple licences or who are members of the same group company
Same form/same schedule
If a licensee holds multiple regional commercial radio licences you may use one form for up to 10 licences to submit draft local content plans to be completed and submitted for approval for those licences if they have the same schedule of eligible local news bulletins and eligible local weather bulletins. Please refer to section 61CA of the Act for the definition of eligible local news bulletins and eligible local weather bulletins. 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.
You may elect to use one form to submit draft local content plans for up to 10 licences held by different licensees within the same group or company, if the licensees have the same schedule of eligible local news bulletins and eligible local weather bulletins. Licensees using one form for multiple licences MUST list each licence separately and answer the applicable questions for each licence in the form.
You MUST also provide a declaration to the ACMA regarding the accuracy of the draft local content plans in the format provided on the Declaration tab of the electronic form (each licensee MUST be listed on the Declaration).
Separate form/different schedule
If you are submitting draft local content plans for licences with different schedules of eligible local news bulletins and/or eligible local weather bulletins you MUST complete a separate form for each set of licences.
If reporting on more than 10 licences, please submit additional forms.
1) COVER SHEET TAB
Tips
· Only complete cells coloured pale yellow.
· 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) LCP1A TAB
The LCP1A form contains three main parts that must be completed:
· LICENCE DETAILS table – for licensees to enter information about the licence(s), including the licence area, licence number and information about the minimum service standards for local news, local weather, local community service announcements bulletins and requests from emergency service agencies.
· ELIGIBLE NEWS BULLETINS table – for licensees to provide information about the broadcast of eligible local news bulletins to comply with the minimum service standards.
· ELIGIBLE LOCAL WEATHER BULLETINS table – for licensees to provide information about the broadcast of eligible local weather bulletins to comply with the minimum service standards.
Tips
· Pale yellow coloured cells – these cells have drop down lists from which the licensee must select the correct data. Instructions appear in a bubble when you click on each row, prompting the licensee to click the drop down arrow and select the appropriate data.
· Deep yellow coloured cells – these cells are for the licensee to complete. Instructions appear in a bubble when you click on each row, prompting the licensee for the data required.
· Pale blue cells must be left blank and will be automatically completed when you enable the ‘Calculate and Check’ validation tool. See ‘Instructions for completion’ tab for more information about accessing and enabling the ‘Calculate and Check’ validation tool.
Licence details
LICENCE AREA
Insert the name of the licence area(s) that you are submitting draft local content plans for 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 broadcasting licence areas on the ACMA’s website (www.acma.gov.au/licplan/defmaps/name.html).
LICENCE NUMBER
Insert the service licence number(s) of the licence(s) you are reporting on by clicking in the cell and selecting from the dropdown option(s).
DATE OF TRIGGER EVENT
For each licence number entered into the LCP1A electronic form, enter the date on which the most recent trigger event occurred for the licence [format: dd/mm/yyyy].
TYPE OF TRIGGER EVENT
For each licence number entered into the LCP1A electronic form, select the category of trigger event that applies to the licence from the drop-down menu. The options in the drop-down menu reflect the categories of trigger event set out in section 61CB of the Act. If more than one category of trigger event occurred then select the option that best reflects the combination of categories that occurred.
AVERAGE WEEKLY NUMBER OF ELIGIBLE LOCAL NEWS BULLETINS IN BENCHMARK YEAR
The object of this item is to set out the minimum weekly number of ‘eligible local news bulletins’ (‘eligible local news bulletin’ is explained on page 10) that must be broadcast in prime-time hours (5am to 8pm) each week under the licence.
The requisite number of eligible local news bulletins (as set out in subsections 61CE(1) and (2) of the Act) each week is the greater of:
(a) five; or
(b) the average weekly number broadcast in the ‘benchmark year’ (the 52-week period ending on the Saturday before the most recent trigger event occurred).
When completing this item, for each licence listed on the electronic form, indicate the average number of eligible local news bulletins that were broadcast between 5am and 8pm during each week of the ‘benchmark year’ by the current or former licensee.
If the average number of weekly eligible news bulletins is less than five then enter ‘5’ (being the minimum number required to meet the minimum service standards for local news).
AVERAGE WEEKLY NUMBER OF LOCAL COMMUNITY SERVICE ANNOUNCEMENTS
For each licence on the electronic form, enter the number of ‘local community service announcements’ that will be broadcast per week. Community service announcements are community information, or community promotional material, for the broadcast of which the licensee does not receive any consideration in cash or kind.
Licensees are required to broadcast at least one announcement each week, or if the Minister declares a greater number, that number.
The legislative requirement is to broadcast ‘local’ community service announcements which the Instrument defines as community service announcements that relate to the licence area.
EXAMPLE:
A not-for-profit community organisation is holding a walkathon in the licence area. Announcements about the walkathon for which the station receives no payment are local community service announcements.
DESCRIBE HOW THE ELIGIBLE LOCAL NEWS BULLETINS WILL ADEQUATELY REFLECT MATTERS OF LOCAL SIGNIFICANCE
Give details of how the eligible local news bulletins will adequately reflect matters of local significance, that is, comprise news that relates to the licence area.
DESCRIBE HOW THE ELIGIBLE LOCAL WEATHER BULLETINS WILL ADEQUATELY MEET THE DEFINITION OF LOCAL
Give details of how eligible local weather bulletins will meet the definition of local, that is, comprise weather that relates to the licence area (‘eligible local weather bulletin’ is explained on page 12).
DESCRIBE THE TYPE OF CONTENT THAT WILL BE INCLUDED IN THE LOCAL COMMUNITY SERVICE ANNOUNCEMENTS
Give details of what type of material will be included in local community service announcements, and whether these will comprise community information, or community promotional material, or both.