Investigation Report no. BI-674

Summary Licensee Highland FM Station Highland FM 107.1 Co-operative Limited Type of service Community Broadcasting

Relevant legislation Broadcasting Services Act 1992 (BSA)

Subparagraph 9(2)(c)(i) of Schedule 2 [encourage participation in operations]

Decision The Licensee: Breached subparagraph 9(2)(c)(i) of Schedule 2 [encourage participation in operations]

Background

In June 2023, the Australian Communications and Media Authority (ACMA) received a complaint about Highland FM 107.1 Co-operative Limited (Licensee). The complaint suggested that the Licensee may not be complying with the licence condition in the Broadcasting Services Act 1992 (BSA) to encourage community participation in operations. On 20 July 2023, the ACMA commenced an investigation under the BSA into the Licensee’s compliance with the licence condition at subparagraph 9(2)(c)(i) of Schedule 2 to the BSA [encourage participation in operations]. The Licensee The Licensee has held a long-term community radio broadcasting licence to represent the general geographic area community interest in the Bowral RA1 licence area since 1987. The Licensee operates a community broadcasting service under Broadcasting Service Licence number 1651 with the on-air ID ‘107.1 Highland FM’. Assessment and submissions This investigation has considered the following information received by the ACMA: 

The June 2023 complaint about the Licensee. 

In November 2023, January 2024, and February 2024, from the Licensee: o Recent annual general meeting (AGM) and board meeting minutes. o A diagram of its organisational structure, showing its management committee, working committee, participation subcommittee, and programming subcommittee. o Numbers of members and volunteers for the last five years. o Strategies for encouraging the community to participate. o Recent membership decisions, including an explanation of how it expelled a member in the last two years. o Copies of its Rules of Highland FM 107.1 Co-operative Limited (Rules) and records of amendments to the Rules lodged with NSW Fair Trading since 2003. o An analysis of amendments to the Rules lodged with NSW Fair Trading since 2003. Other sources are identified in this report where relevant. 2 of 7 ACMA final investigation report — Highland FM 107.1 Co-operative Limited BI-674 Issue: Did the Licensee breach subparagraph 9(2)(c)(i) of Schedule 2 to the BSA [encourage participation in operations]? Relevant licence condition Schedule 2 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 ACMA is of the view that the Licensee has breached subparagraph 9(2)(c)(i) of Schedule 2 to the BSA. Reasons Relevant information The complaint received by the ACMA raised concerns about a potential lack of community participation in the operations of the Licensee, particularly in decision-making. ‘[…] the operations of Highland FM 107.1 suffer from a lack of membership or community involvement in decision-making processes. Control and power are consolidated among a few individuals, hindering transparent, fair, and professional management of the station. […] There is a notable absence of programming and volunteer committees, […] regular Board and management meetings are lacking, meeting minutes are not shared with presenters and cooperative members, and there is insufficient reporting to the public and members.’ In 2023 and 2024, the Licensee submitted information to the ACMA about its operations, members, and volunteers, as set out under Assessment and submissions above. Relevant guidelines The ACMA’s Community Broadcasting Participation Guidelines provide that licensees may encourage participation in operations by having sound corporate governance practices and valuing and promoting membership and volunteering:1 1https://www.acma.gov.au/publications/2010-06/guide/community-broadcasting-participation-guidelines. 3 of 7 ACMA final investigation report — Highland FM 107.1 Co-operative Limited BI-674 Sound corporate governance practices Sound corporate governance practices include:  Measures to prevent the concentration of control in the hands of a few individuals.  Procedures for complying with regulatory requirements that apply to the service and its organisational structure, including obligations for companies and incorporated associations under relevant Federal, State and Territory legislation for holding meetings and lodging documents. Valuing and promoting membership and volunteering Valuing and promoting membership and volunteering include:  Offering a range of ways in which people can participate in the service.  Having open membership (meaning licensees may only refuse membership on the basis of specific, transparent, and reasonable criteria, and should have adequate grievance or review mechanisms). Analysis Corporate governance practices The information provided by the Licensee indicates that it has some appropriate practices to prevent the concentration of control. For example:  It has committees and subcommittees which give the community opportunities to participate in the decision-making of the service.  At its recent AGMs, the Licensee has reported to members about its finances and activities. However, the information provided by the Licensee shows that it does not have appropriate procedures for complying with regulatory requirements that apply to its organisational structure for holding meetings and lodging documents. Specifically:  The Rules specify that ‘Meetings of the Board […] must be held at least once every 3 months’. However, the board meeting minutes provided indicate that more than three months passed between board meetings on three occasions since June 2021.  The AGM minutes provided show that in 2022, the Licensee’s members voted to amend rule 50A of the Rules by special resolution. However, the Licensee submitted that it did not lodge the special resolution with NSW Fair Trading within the required timeframe. This meant that the decision by the members to amend the Rules was not registered and did not take effect. 4 of 7 ACMA final investigation report — Highland FM 107.1 Co-operative Limited BI-674 Valuing and promoting membership and volunteering The information provided by the Licensee indicates that it takes steps to promote membership and volunteering, such as inviting participation on-air, via social media, on its website, and at community events. The ACMA also notes that, since 2019, the Licensee’s member numbers have remained relatively stable, and its volunteer numbers have increased significantly. Year 2019 2020 2021 2022 2023 Members 812 63 59 61 66 Volunteers3 41 36 82 96 Over 120 However, the information provided also shows that in 2022, following consideration of a complaint about a member, the Licensee expelled the member in a way that was not compliant with its Rules. Rule Process set out in the Rules Process the Licensee submitted that it followed 50A(c) ‘The board may, by resolution, expel the member from the cooperative (in accordance with Rule 49) […]’. The board decided ‘that the correct action to take was to expel [member] from the membership of Highland FM 107.1 Co-operative Ltd.’ 49 ‘A member may be expelled from the co-operative by special resolution’ and ‘Expulsion of a member shall not be effective, until the special resolution expelling the member is registered.’4 The board did not propose a special resolution to expel the member or register any expulsion resolution with NSW Fair Trading. Expelling a member in a way that was not compliant with its own Rules was not consistent with the ACMA’s expectation for licensees to have open membership, which includes only refusing membership on the basis of transparent criteria. 2The Licensee submitted that the reduction in members between 2019 and 2020 may be attributed to record-keeping changes, as it decided to stop including members who had not paid their membership fees in its member numbers. 3The Licensee submitted that the volunteer numbers are estimates, as it does not keep a register of volunteers. 4Rule 65 of the Rules specifies that a special resolution ‘means a resolution of which notice has been given of the intention to propose the resolution as a special resolution and which is passed either by two-thirds of the members who vote at a general meeting in person or by three quarters of the members who cast votes in a special postal ballot of members’. 5 of 7 ACMA final investigation report — Highland FM 107.1 Co-operative Limited BI-674

Conclusion

The information provided indicates that the Licensee has in place some appropriate practices to prevent the concentration of control and takes steps to promote membership and volunteering to the community. However, it also indicates that the Licensee Does not have appropriate procedures for complying with regulatory requirements for holding meetings and lodging documents. Expelled a member in a way that was not consistent with the principles of open membership. Therefore, the ACMA’s view is that the Licensee breached subparagraph 9(2)(c)(i) of Schedule 2 to the BSA. 6 of 7 ACMA final investigation report — Highland FM 107.1 Co-operative Limited BI-674

– Triple M and LiSTNR gear up for a sizzling summer of cricket

from 4 November –

Southern Cross Austereo’s Triple M and Cricket Australia today announced a new multi-year agreement that will see the Triple M Network retain the cricket’s exclusive FM metro broadcast rights, together with digital audio and metro DAB+ rights, for the next seven seasons through to 2030/31.

Under the agreement, SCA’s Triple M and LiSTNR will broadcast all the Australian men’s internationals games played in Australia, including Tests, One Day Internationals and T20 internationals, and this summer will, for the first time, add the three Australian women’s T20 international games against England to its coverage.

The matches broadcast will include highlights such as the Australian men’s team playing five tests against India this summer and five tests against England in The Ashes in the summer of 2025, plus the world-leading Australian women’s team competing in The Ashes against England this summer.

The first match to be broadcast on Triple M and LiSTNR will be on 4 November when the Australian men’s team takes on Pakistan in a One Day International at the MCG.

All games will be broadcast on Triple M stations in the five metro cities, and will also be available on LiSTNR, with the network’s entertaining cricket coverage and world-class commentary team delivering the best of cricket over the summer.

Additional cricket content will also be available via LiSTNR podcasts and on Triple M’s social media.

SCA CEO, John Kelly, said: “We are absolutely delighted to extend and expand our partnership with Cricket Australia for the next seven seasons. This year, for the first time, Triple M adds women’s international cricket to its broadcast coverage as the Australian women’s team seeks to retain its number one world ranking.

“The summer of cricket is a well-established Aussie tradition and Triple M and LiSTNR will bring listeners the best cricket coverage, with the network’s trademark irreverent banter, to entertain, inform and inspire audiences over summer.”

Kate Ingber, Cricket Australia Executive General Manager, Business and Legal Affairs, said: “We are delighted to extend and enhance our audio partnership with Southern Cross Austereo for a further seven years as we enter an exciting period for the game. Cricket is the sound of summer and we are fortunate to have partners who will provide such knowledgeable and passionate coverage.

“Thank you to everyone at Southern Cross Austereo for your tremendous support of cricket and for bringing cricket to millions of Australians.”

Triple M will announce its star-studded commentary team, including cricket legends and the nation’s best cricket commentators, before the season begins.

About SCA (Southern Cross Austereo)  

Southern Cross Austereo (SCA) is one of Australia’s leading media companies reaching more than 95% of the Australian population through its radio, television, and digital assets. Under the Triple M and Hit network brands, SCA owns 154 stations across FM, AM, and DAB+ radio.  SCA also provides national sales representation for 56 regional radio stations. SCA broadcasts 96 free to air TV signals across regional Australia, reaching 3.6 million people a week, with Network 10 programming and advertising representation across Australia’s East Coast, Seven Network programming in Tasmania and Darwin, and Seven, Nine and Ten programming in Spencer Gulf. SCA also features Sky News Regional in 17 markets across regional Queensland, southern NSW, and Victoria. SCA has an exclusive national sales representation agreement with WIN in northern NSW (including the Gold Coast) and TDT (Tasmanian Digital Television). SCA operates LiSTNR, Australia’s free, personalised digital audio destination for consumers featuring radio, podcasts, music, news, and sport. SCA provides Australian sales representation for global open audio platform SoundCloud and Sonos Radio. SCA’s premium brands are supported by social media, live events and digital platforms that deliver national and local entertainment, news, and sport content. www.southerncrossaustereo.com.au

Due to a technical error, stakeholders were initially unable to upload submissions to the consultation on remaking the high power open narrowcasting (HPON) allocation determination.

The issue has been resolved, and the ACMA have extended the cut-off date for submissions to COB, Friday 2 August 2024.

 

It’s official! triple j’s One Night Stand is heading down the Great Ocean Road and will be making its hotly anticipated return in Warrnambool, Victoria on Saturday, 14 September at Friendly Societies Park on Peek Whurrong Land.

After dropping hints all week, triple j Breakfast hosts Concetta & Luka finally confirmed the coastal town that will play host to triple j’s epic, one-day, all-ages concert featuring G Flip, Ruel, What So Not + Friends, Thelma Plum, Sycco, DICE, and a triple j Unearthed competition winner.

Tucked away on the South West Victorian coastline, Warrnambool is situated just past the end of the Great Ocean Road. Big coastal cliffs hug crystal clear waters, surrounded by lush green spaces and a community keen for a huge live music experience. Plus, it’s just a 3-hour car ride or the last stop on the V Line train from Melbourne. It’s also the first time the One Night Stand has landed in Victoria in ten years – the last time was Mildura in 2014 – so get ready for a sensory feast in Warrnambool with stunning views, possible whale sightings, and an unforgettable night with the best in Australian music.

That’s not all! Delivered in partnership with Music Australia, triple j today also announces the More Than A One Night Stand Sessions. The three-day event will offer regional and remote artists, industry and communities the chance to get skilled up by some of the best in the music industry.

Kicking off on Thursday, 12 September, at The Lighthouse Theatre in Warrnambool, attendees will have the opportunity to engage in panel discussions, songwriting workshops, industry forums and more. The sessions will be curated by leading industry organisations including the Association of Artist Managers, AIR, APRA AMCOS, CrewCare, Kennell & Co, Live Music Office, Music Australia, Music Victoria, The Push, and VMDO. There’s a full schedule of events set to cover early career essentials, offer invaluable advice and networking opportunities, along with the chance for young people from the region to gain hands-on event experience. Head to The Push for all the info on how to be part of the One Night Stand all-ages events team, and head here for all the info on the More Than A One Night Stand Sessions.

triple’s One Night Stand returns in 2024, bigger than ever, promising Warrnambool a spectacular night of music filled with homegrown heroes and rising stars, while also providing the community access to the best brains in the music business.

Tickets to triple j’s One Night Stand 2024 are on-sale today from 9am local time for $10 +BF, with all proceeds donated to Australian music industry charity, Support Act. Head here to purchase.

triple j’s One Night Stand 

Saturday 14 September 

Warrnambool, Victoria

Friendly Societies Park on Peek Whurrong Land.

G Flip – Ruel

What So Not + Friends

Thelma Plum

Sycco – DICE

triple j Unearthed Competition Winner

+ Special Guests

Download: Artwork | Artist Press Shots

About triple j’s One Night Stand

The first ever triple j One Night Stand kicked off 20 years ago in the small town of Natimuk, Victoria.

Since then, triple j has travelled all around the country, bringing the best of the best in Australian music to some of the coolest little towns around.

From the country to the coast, triple j has taken the One Night Stand to towns like Alice Springs (2010), Port Pirie (2006), Dubbo (2013), Geraldton (2016), Mount Isa (2017) and St Helens (2018), and brought artists like Flume, The Jungle Giants, Tash Sultana, Tkay Maidza, Ocean Alley, A.B Original, and heaps more along for the ride

Fresh from a five-year break, triple’s One Night Stand will return to Warrnambool, Victoria, in September 2024.

Listen to triple j on the radio, stream online, or on the triple j app and connect via Instagram, TikTok and YouTube.

The ABC will continue to be the home of cricket until at least 2031 after signing an agreement with Cricket Australia for audio rights to every match across the next 7 Australian summers.

The agreement will allow the ABC to continue to provide all Australians with access to all Test Matches, T20 Internationals, One Day Internationals and Women’s Big Bash League played in Australia. The new deal will also see the ABC cover Men’s Big Bash League for the first time in over a decade.

Audiences will be able to hear every ball of the summer starting with the Women’s T20 International in September.

ABC Head of Capital City Network and Sport Mike Fitzpatrick said “We’re delighted to continue this historic agreement with Cricket Australia. The ABC is synonymous with cricket, it has always been the soundtrack of summer and now all Australian’s will be able to hear every ball, across multiple platforms, commercial free.”

“This new agreement takes us to our 99^th (not out) year of broadcasting cricket on the ABC.”

Kate Ingber, Cricket Australia Executive General Manager, Business and Legal Affairs said: “We are delighted to extend and enhance our audio partnership with the ABC for a further seven years as we enter an exciting period for the game.

“Cricket is the sound of summer and we are pleased the ABC will continue to provide their renowned coverage of the game including the Border-Gavaskar Trophy, Women’s and Men’s Ashes and the Big Bash Leagues across their stations and digital platforms.

“Thank you to everyone at the ABC for your tremendous support of cricket which will extend to 99 years by the end of this agreement.”

Audiences will be able to hear matches across our local radio network and every ball of every match on ABC listen.