Regional commercial radio broadcasting licensees must maintain a local presence and comply with minimum service standards following a 'trigger event'.
A trigger event is the change in control of the licence, the formation of a new registrable media group or the change of controller of a registrable media group.
Local content and presence rules
The rules apply to commercial radio broadcasting licences for services in regional radio licence areas. The rules do not apply to the following types of commercial radio broadcasting licences:
- a remote area service radio licence (as defined in section 6 of the Broadcasting Services Act 1992) (the BSA)
- a regional racing service radio licence (as described in section 8AF of the BSA) or
- a licence allocated under subsection 40(1) of the BSA.
Local content levels
To comply with section 43C of the BSA, the ACMA has imposed a local content licence condition on all regional commercial radio broadcasting licences— Broadcasting Services (Regional Commercial Radio—Material of Local Significance) Licence Condition 2014.
This licence condition requires regional commercial radio licensees to broadcast the applicable number of hours of material of local significance during daytime hours (5 am to 8 pm) each business day. The applicable number of hours is: 30 minutes for small licences and 3 hours for all other licences.
Five-week break
Regional radio licensees do not have to meet the local content licence condition for the whole year (52 weeks). Licensees are exempt for 5 weeks from the second Sunday in December, unless either:
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a licensee nominates to be exempt for a different period (including splitting the 5-week period into 2 periods totalling 5 weeks). Licensees can do this by giving the ACMA written notice 21 or more days before the exemption period is due to start—use this form:
757.98 KBACMA form: Notification under section 8AE - local content exemption period - the licence is subject to an alternative exemption period specified by the ACMA in a legislative instrument.
Local presence
To comply with section 43B of the BSA, the ACMA has imposed a local presence licence condition on regional commercial radio broadcasting licensees—Broadcasting Services (Regional Commercial Radio—Local Presence) Licence Condition 2014.
This licence condition requires regional commercial radio licensees affected by a trigger event to maintain the existing level of local presence from three months before the trigger event (defined by reference to staffing levels and studios and other production facilities) for a period of 24 months after the trigger event.
Minimum service standards—local news and information
Following a trigger event, affected licensees must meet minimum service standards for local news, local weather, local community service announcements, emergency warnings and, where applicable, designated local content programs.
After a trigger event, affected licensees must include broadcast times of eligible local news and local weather bulletins and, in the case of eligible local news bulletins, the expected duration of each bulletin in their Local Content Statement within 90 days of the trigger event.
The Local Content Statement must be made available to the public either by publication on the licensee’s website of either the Statement or a notice advising that the licensee will provide a copy of the Statement to any person on request.
Consequences of failing to comply with obligations
Failure to comply with the local content and local presence rules, or the minimum service standards for local news and information will amount to a breach of the licence conditions.
We may take enforcement action on any breach, including: the issue of remedial directions, or the acceptance of enforceable undertakings.
Further information
ACMA contact
The Manager
Media Diversity Section
Email: localcontentradio@acma.gov.au