Tamworth's 88.9 warned to comply with broadcasting rules

An investigation, commenced in February 2021, found the station was in breach of the Broadcasting Services Act 1992 (BSA) because it had failed to broadcast a range of programming that adequately catered to the community's needs.

It also found the community had been given insufficient opportunity to participate in the running of the station, which had been limited to a small group of people, "indicating poor corporate governance processes".

In addition, the broadcaster was found to have breached its licence conditions by broadcasting advertisement and exceeding sponsorship time limits.

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As part of two court-enforceable undertakings the licensee will be required to provide compliance training to relevant members and staff and put in place processes to maintain and record broadcasting sponsorship.

The station must also provide evidence that it has given community members programming opportunities and has implemented a community consultation and engagement plan.

"The range of breaches we have found suggests that 2YOU has a lot of work to do to get its compliance in order," ACMA Chair Nerida O'Loughlin said.

"Community radio operators provide vital services and opportunities to local audiences and residents. We expect them to follow the rules and will take action when this does not occur."

Station CEO George Frame said the enforcement related to complaints in 2020, dating back to 2017.

"The station identified one of the complaints raised that during the height of the drought across the region there was a lack of volunteers however, that was during a very difficult time," Mr Frame said.

"The station refuted some of the complaints, however the board agreed to actively enter an Enforcement Undertaking with the ACMA, as the station had already implemented many of the changes from sponsorship, corporate governance and training."

"The station has implemented many new programs with volunteers presenting over 40 hours per week [and] the AGM's were always overseen by the station's solicitors back in 2017 to the present.

"The station has served the community as a high priority, and this is reflected in the station's coverage of the Red Carpet and Golden Guitar Awards being rebroadcast on Saturday night to over 40 stations reaching over 1.2 million listeners.

"Recent McNair surveys have identified a strong and loyal audience."

A second court-enforceable undertaking requires the station to submit to regular ACMA audits to assess the technical characteristics of its radiocommunications transmitters, after it was found to have increased the power of its broadcasting transmitter beyond the maximum allowed without adequate justification.

The broadcaster will be monitored for compliance over the next 12 months.

88.9FM has been broadcasting in the Tamworth region since 1982.

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