Guide to completing LCP1A form (Draft local content plan)

NOVEMBER 2013

CanberraRed BuildingBenjamin OfficesChan StreetBelconnen ACT

PO Box 78Belconnen ACT 2616

T +61 2 6219 5555F +61 2 6219 5353

MelbourneLevel 44Melbourne Central Tower360 Elizabeth StreetMelbourne VIC

PO Box 13112Law CourtsMelbourne VIC 8010

T +61 3 9963 6800F +61 3 9963 6899

SydneyLevel 5The Bay Centre65 Pirrama RoadPyrmont NSW

PO Box Q500Queen Victoria BuildingNSW 1230

T +61 2 9334 7700 1800 226 667F +61 2 9334 7799

© Commonwealth of Australia 2013This 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 | iii

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 | iv

About this guidance noteThe 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).

1| acma

Key termsBelow is a list of the key terms used in this guidance note and the LCP1A form.

the ACMA the Australian Communications and Media Authority

the 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.

2| acma

Overview of local content plansLocal content plans

Under Subdivision C of Division 5C of Part 5 of the Act, where a licence becomes subject to a trigger event1, 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, orb) 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’.

1 See section 61CB of the Act.2 See sections 61CD and 61CE of the Act for more information about minimum service standards.3 See section 61CA of the Act for definitions of ‘eligible local news bulletins’, ‘eligible local weather bulletins’ and ‘community service announcement’.

3| acma

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.

4| acma

Only submit electronic form LCP1A if a trigger event has occurred for the licence. LCP1A must be submitted within 90 days of the trigger event.

You must also complete electronic form LCP1B and submit it within 90 days of the trigger event.

!

Using the LCP1A formStructure 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 sheet2. LCP1A3. Declaration4. Times5. Instructions for completion*

* Denotes a tab containing information only

Licensees that hold multiple licences or who are members of the same group companySame form/same scheduleIf 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 scheduleIf 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.

5| acma

Make sure you complete the ‘Cover Sheet’ Tab as well as the ‘Declaration’ Tab.!

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.

6| acma

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 detailsLICENCE 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 9) that must be broadcast in prime-time hours (5 am to 8 pm) 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 5 am and 8 pm 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).

7| acma

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 10).

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.

EXAMPLES:

Cancellation of a local sporting event due to inclement weather. Announcements about fundraising efforts by local charity and

community groups.

DESCRIBE HOW THE LOCAL COMMUNITY SERVICE ANNOUNCEMENTS WILL MEET THE DEFINITION OF LOCAL

Give details of how local community service announcements will meet the definition of local, that is, comprise community service announcements that relate to the licence area.

8| acma

DESCRIBE HOW THE LICENSEE WILL RESPOND TO REQUESTS FROM EMERGENCY SERVICE AGENCIES

Licensees must broadcast emergency warnings as and when requested to do so by a police force or service, fire service, or any other body that runs an emergency service that is specified in regulations made under the Act.

Give details of procedures in place to ensure the timely and accurate broadcast of emergency warnings.

Eligible local news bulletins – table

‘Eligible local news bulletins’ are news bulletins that:

are broadcast on at least five days during the week; total at least 12.5 minutes on each of those days; are broadcast during prime-time hours (5 am-8 pm); adequately reflect matters of local significance (that is, relate to the licence

area); and do not consist wholly of material previously broadcast in the licence area.

News is local if it covers:

news in the licence area; or news in the region where it relates to the licence area, e.g. a region of

Australia renowned for its wine industry includes one complete licence area and parts of four other licence areas. News about initiatives to promote the region’s wine and associated tourism is local for any of the licences in the region; or

other news where it relates to the licence area, e.g. news about wheat prices where the licence area is a wheat growing area.

Complete the table by inserting details of eligible local news bulletins broadcast during prime-time hours (5 am – 8 pm) for each licence.

If you complete the table for less than five out of the seven days, after you click the ‘Calculate and Check’ validation tool on completion of the form, a warning message will appear. Please disregard the warning message if all the licences listed on the form actually broadcast eligible local news bulletins on less than five days in the specified week.

All licences entered on the one LCP1A electronic form must have the same schedule of eligible local news bulletins.

Complete the ‘Eligible local news bulletins’ table by filling in the following pale yellow and deep yellow coloured cells only:

DAY – from the dropdown list select the relevant combination of individual or grouped days. Select ‘Monday-Friday’ or ‘Saturday-Sunday’ if bulletins are the same for each week day or for both weekend days respectively. Select specific day(s) - Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday if bulletins differ from day to day.

START TIME – enter the start time of each bulletin [format: HH:MM:SS in 24hr time format for example, enter 5pm as 17:00:00]. The start time must be between 05:00 and 20:00.

DURATION – enter the time duration of each bulletin [format: HH:MM:SS – for example, enter 0:02:30 for a 2 and a half minute bulletin].

9| acma

Please note you must complete the table for at least five out of the seven days in a week for each licence. If you complete the table for less than five out of the seven days, after you click the ‘Calculate and Check’ validation tool on completion of the form, a warning message will appear. Please disregard the warning message if all the licences listed on the form actually broadcast eligible local news bulletins on less than five days in the specified week.

EXAMPLE: Completed table – before validation:

Note: The pale blue cells must be left blank to enable the ‘Calculate and Check’ tool to function. This tool will save you time by validating data and automatically completing the pale blue cells. See the ‘Instructions for completion’ tab on Form LCP3A for more information about accessing and using the ‘Calculate and Check’ validation tool

Before using the ‘Calculate and Check’ tool to validate the data entered in the yellow cells, your table will look like the one above. After validation the pale blues cells are automatically populated to look like the table below.

EXAMPLE: Completed table – after validation:

Eligible local weather bulletins – table

Eligible weather bulletins are weather bulletins that:

are broadcast on at least five days during the week; and are broadcast during prime-time hours (5 am-8 pm);

Weather bulletins are local if they relate to a licensee’s licence area. For example, this could be where they cover weather in:

the licence area; or the region which includes the licence area.

10| acma

Complete the table by inserting details of eligible local weather bulletins broadcast during prime-time hours (5 am – 8 pm) for each licence.

If you complete the table for less than five out of the seven days, after you click the ‘Calculate and Check’ validation tool on completion of the form, a warning message will appear. Please disregard the warning message if all the licences listed on the form broadcast eligible weather bulletins on less than five days in the specified week.

All licences entered on the one LCP1A electronic form must have the same schedule of eligible local weather bulletins.

Complete the ‘Eligible local weather bulletins’ table by filling in the following pale yellow and deep yellow coloured cells only:

DAY – from the dropdown list select the relevant combination of individual or grouped days. Select ‘Monday-Friday’ or ‘Saturday-Sunday’ if bulletins are the same for each week day or for both weekend days respectively. Select specific day(s) - Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday if bulletins differ from day to day.

START TIME – enter the start time of each bulletin noted [format: HH:MM:SS – in 24hr time format for example, enter 5pm as 17:00:00]. The start time must be between 05:00 and 20:00.

EXAMPLE: Completed table – before validation:

Note: The pale blue cells must be left blank to enable the ‘Calculate and Check’ tool to function. This tool will save you time by validating data and automatically completing the pale blue cells. See the ‘Instructions for completion’ tab on Form LCP3A for more information about accessing and using the ‘Calculate and Check’ validation tool.

Before using the ‘Calculate and Check’ tool to validate the data entered in the yellow cells, your table will look like the one above. After validation the pale blues cells are automatically populated to look like the table below.

11| acma

EXAMPLE: Completed table – after validation:

3) DECLARATION TAB

This declaration should only be completed if reporting on behalf of multiple licensees using the one form. Each licensee MUST be listed on the Declaration.

If the form is being submitted by, or on behalf of, a single licensee (for one or more licences) this declaration does not need to be completed.

Any one electronic form may contain up to 10 licences only.

An authorised officer or authorised agent of the licensees must declare that the information provided in the report is true and correct. Please note that giving false or misleading information or documents to the ACMA is a serious offence.

Depending on whether an ‘authorised officer’ or ‘authorised agent’ of the licensees named in the report will be signing the declaration, complete:

EITHER

1. the first section for ‘authorised officer’ by inserting both Name and Occupation where noted;

OR

2. the second section for ‘authorised agent’ by inserting both Name and Occupation where noted;

An ‘officer’ is defined in section 9 of the Corporations Act 2001 to include, amongst other roles, a director, company secretary and a person who makes or participates in the making of decisions that affect the whole or a substantial part of the business;

12| acma

Where noted, insert the ‘Role’ of the authorised officer or authorised agent signing this declaration on behalf of the licensees;

At ‘I am authorised to make this declaration by’, add the name of the licensees for all licences included in the form LCP1A. As any one form may contain up to 10 licences, there should be no more than 10 names listed in this part of the declaration;

Insert the Day, Month and Year where noted on the form;

Complete the box entitled ‘Details of the person making the declaration’ by entering the details of the person declaring that the form is true and correct; and

Either insert an electronic signature OR scan the signed declaration then, email it to the ACMA along with the completed electronic draft local content plan form LCP1A and any supporting material.

4) TIMES TAB

If you are a small business with fewer than 20 employees, complete the ‘hrs’ and ‘mins’ time boxes to provide an estimate of the time taken to complete this form.

5) INSTRUCTIONS FOR COMPLETION TAB

Please refer to this tab for further instructions on how to complete the electronic form including how to access the 'Calculate and Check' data validation tool and information on warning messages and error messages.

13| acma

Submitting documents to the ACMA

You may submit the LCP1A electronic form to the ACMA by:

Email localcont e n t radio @ acm a .gov.au Post The Manager

Broadcasting Standards Section Australian Communications and Media AuthorityPO Box Q500QUEEN VICTORIA BUILDING NSW 1230

Further informationIf you have any queries or need further information about draft local content plans, please email your query to localcontentradi o @ acm a .gov.au .

14| acma