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Guide to completing LCLC1 form (Annual compliance report – Material of Local Significance)

JULY 2013

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© 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

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About this guidance note 1

Key terms 2

Overview of the local content licence condition 3Material of local significance 3Annual reporting 3Record keeping 4Local content statements 4Local content statement summary 4

Using the LCLC1 form 5Structure of the LCLC1 form 5Licensees that hold multiple licences or who are members of the

same group company 5Reporting period 6Start date / End date: 6Licence details 7Licence area 7Licence number 7Compliance information 7Reporting period 10Start date / End date: 10Local content statement summary 10Licence area 10Licence number 11What was the duration of local content broadcast on [business day] during the specified week? 11Content breakdown 11Licence area 11Licence number 11What category of ‘Material of local significance’ did the licensee broadcast between [time]? 11

Submitting documents to the ACMA 15Further information 15

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About this guidance noteThe ACMA has developed this guidance note to assist holders of regional commercial radio broadcasting licences to complete and submit the annual compliance report as required under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2012.

The licence condition (and therefore this guidance note) applies to all regional commercial radio broadcasting licences except licences that are:

a remote area service radio licence; a regional racing service radio licence; or allocated under subsection 40(1) of the Act.

This guidance note is designed to be read in conjunction with electronic form LCLC1, the suggested format for annual compliance reports made under the local content licence condition. Licensees are required to provide the annual compliance reports in writing but are not required to use electronic form LCLC1.

Copies of the legislation referred to in this guidance note – including the Broadcasting Services Act 1992, the local content licence condition, the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007, and the Broadcasting Services (Hours of Local Content) Regulations 2007 – are available from www.comlaw.gov.au. Many of the terms used in this note and in the LCP2A form are defined in the legislation referred to in the guidance note.

Licensees should note when completing their annual compliance reports that it is an offence to give false or misleading information or documents to the ACMA (section 137.1 of the Criminal Code 1995).

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http://www.comlaw.gov.au/

Key termsBelow is a list of the key terms used in this guide and the LCLC1 form.

the Act Broadcasting Services Act 1992

the Declaration Broadcasting (Hours of Local Content) Declaration No. 1 of 2007

the form the LCLC1 form recommended for completing annual compliance reports under clause 9 of the local content licence condition.

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.

local content licence condition

Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2012

local content quota

the applicable number of hours of material of local significance for a licence

the Regulations Broadcasting Services (Hours of Local Content) Regulations 2007

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Overview of the local content licence conditionMaterial of local significance

Under section 8 of the local content licence condition, licensees are to broadcast the ‘applicable number’ of hours of ‘material of local significance’ during daytime hours (5 am to 8 pm) on a ‘relevant business day’.

Under the Declaration, the ‘applicable number’ of hours is:

30 minutes for a small licence 3 hours for any other regional commercial radio licence.

‘Material of local significance’ is defined in sections 6 and 7 of the local content licence condition as material that:

is hosted in the licence area; is produced in the licence area; relates to the licence area; or is broadcast by the licensee in compliance with obligations under

Subdivision B of Division 5C of Part 5 of the Act.

Announcements that material of local significance will be broadcast at a later time do not count towards the local content quota1.

If the material of local significance is advertising or sponsorship matter, for which the licensee receives (or is entitled to receive) a payment or payment in kind, it cannot comprise more than 25% of the local content quota2.

A relevant business day is a business day outside of a five week period that either has been specified by the ACMA under paragraph 43C(1A)(a) or (b) of the Act or otherwise commences on the second Monday of December each year. The requirement to broadcast material of local significance does not apply during the relevant five week period.

Annual reporting

Under section 9 of the local content licence condition, a licensee is to prepare an annual report that sets out the licensee’s compliance with its requirement to broadcast the applicable number of hours of material of local significance under its licence.

The annual report is to cover an entire financial year and must be submitted to the ACMA within three months of the end of that financial year.

To assist licensees meet their reporting requirements, the ACMA has developed an electronic form, LCLC1. Use of the form is recommended and preferred but not mandatory.

1 See subsection 6(4) of the local content licence condition.2 See subsection 8(2) of the local content licence condition)

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Record keeping

Under section 10 of the local content licence condition, a licensee must make and keep a record of the material of local significance it has broadcast in the licence area relating to its licence for a limited period of time. The ACMA is entitled to request licensees to provide separate and distinct records in relation to each licence.

Local content statements

Under section 11 of the local content licence condition, a licensee must compile a ‘local content statement’ for each of the licences it holds that are subject to the local content licence condition. A local content statement is to record the material of local significance broadcast during daytime hours of each relevant business day.

A licensee must make each local content statement publically available, either by publishing the statement on its website, or by providing a copy to any person on request.

The requirements for local content statements are set out, in full, in section 11 of the local content licence condition.

For licences with regular programming, local content statements must identify:

the period covered by the local content statement; programs or parts of programs that count towards the local content quota; and the basis on which the program qualifies as material of local significance (that

is, whether the program is produced in, hosted in or relates to the licence area).

Licences which do not have regular programming need to include in their local content statements the date, time, duration and name of each program, as well as the basis on which the program qualifies as material of local significance (that is, whether the program is produced in, hosted in or relates to the licence area).

Local content statement summary

Under the local licence condition, a licensee is required to comply with a request from the ACMA to provide access to a local content statement as soon as possible after the request is made.

Typically, the ACMA will request access to a local content statement when reminding licensees of the annual reporting requirements under the local content licence condition. In this case, in its reminder letter the ACMA will specify a week for which the local content statement must be provided.

The LCLC1 electronic form provides for licensees to supply a summary of a weekly local content statement, in lieu of the local content statement itself. The ACMA recommends and prefers that the local content statement summary form be used, but this is not required.

Access to the local content statements for licences should be provided as soon as practicable, but no later than 30 September of the relevant financial year. If you are unable to do so, please provide reasons for why this is not practicable, and a date by which the statements will be provided to the ACMA. Any later date will be subject to agreement of the ACMA.

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Using the LCLC1 formThese notes explain how to complete the suggested format electronic form LCLC1 as part of the annual compliance reporting requirements attaching to regional commercial radio broadcasting licences.

Structure of the LCLC1 form

The LCLC1 form has six parts, marked by tabs at the bottom of the form.

Respondents using the LCLC1 form should provide information at up to five of these six tabs:

1. Cover sheet2. LCLC13. LCSS (Local content statement summary)4. Declaration5. Instructions for completion*6. Times

* Denotes a tab containing information only

Licensees that hold multiple licences or who are members of the same group companyIf a regional commercial radio licensee holds more than one regional commercial radio licence that is subject to the licence condition, then that licensee may use one form to report on annual compliance for up to affected 10 licences. 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.

Different licensees within the same group company may also elect to use one form to report on compliance, for up to 10 affected licences. However, an authorised agent or authorised officer must provide on behalf of the licensees a declaration regarding the accuracy of the report in the format provided on the Declaration tab of the electronic form. In addition, each licensee MUST be listed on the Declaration.

Licensee(s) using one form to report on multiple licences MUST list each licence separately in the form and answer the applicable questions for each licence.

If reporting on more than 10 licences, please submit separate forms for the remaining licences.

Tips Only complete cells coloured pale yellow.

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

1) Cover sheet tab

Tips

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) LCLC1 tab

The LCLC1 form has allows up to 10 licences to be submitted on the one form.

The LCLC1 form contains two main tables that must be completed:

REPORTING PERIOD table – this specifies the financial year for which the annual report is being made.

LICENCE DETAILS table – for licensees to enter information about the licence(s), including information about the licensee’s compliance with the local content licence condition over the relevant financial year.

Reporting period

Start date / End date:Enter the beginning and end dates for the period being reported on in this form.

Start Date –

o 1 July of relevant financial year

ORo for new licences, the date of commencement of the broadcasting

service [format: dd/mm/yyyy].

End Date – 30 June of relevant financial year [format: dd/mm/yyyy].

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Licence details

Licence area

Insert the name of the licence area(s) that you are reporting on 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 numberInsert the service licence number(s) of the licence(s) covered by the annual compliance report by clicking in the cell and selecting from the dropdown option(s).

The suggested electronic form provides for reporting on up to 10 licences held by the one licensee or by licensees who are members of the same group company. If you are reporting on more than 10 licences you must report on the remaining licence(s) in separate form(s).

Compliance information

QUESTION 1.

Did you broadcast at least the applicable number of hours of material of local significance during daytime hours on each business day in the reporting period stated on this form for each licence listed? (Note: The Local Content Licence Condition does not require licensees to broadcast the applicable number of hours of material of local significance during their relevant five-week ‘holiday’ period – see s.43C of the Broadcasting Services Act 1992.)

For each licence listed in the electronic form, indicate whether or not you complied with the local content quota for the reporting period 1 July to 30 June by selecting either ‘Yes’ or ‘No’ from the drop down menu.

You do not need to consider whether you complied with the local content quota during the five week holiday period set out in the Act, or specified by the ACMA.

Applicable number of hours

For the purposes of the regional commercial radio broadcasting licences to which the local content licence condition applies, the Declaration defines the ‘applicable number of hours’ as being 30 minutes per day for a ‘small licence’ and three hours per day for any other licence.

The declaration defines ‘small licences’ as licences in licence areas with a population of less than 30,000, based on the ACMA’s population figures. If you do not know the population of the licence area, refer to the population figures on the ACMA’s website.

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http://www.acma.gov.au/theACMA/acma---population-figures

http://www.acma.gov.au/licplan/defmaps/name.html


QUESTION 1a.

If answer to Q1 is 'No', please select a reason from the drop down menu.

If you responded 'Yes' to Q1 do not answer this question, instead go to Q2.

If you did not comply with the requirement to broadcast at least the applicable number of hours of material of local significance in relation to a licence you are reporting on, you must provide a reason for non-compliance.

For each licence listed in the electronic form, if you responded 'No' to Q1, provide a response to this question by selecting one of the following reasons from the drop down menu:

Natural Disaster; Technical Issue; Licensing Issue; Procedural Error; Staffing Issue; Licence category change; Other.

QUESTION 1b.

Please provide details for reasons given in Q1a.

If you responded 'Yes' to Q1 do not answer this question, instead go to Q2.

For each licence listed in the electronic form, if you responded 'No' to Q1, answer this question by explaining your reason for non-compliance.

You may provide an electronic attachment setting out details, if necessary. Please email any attachment to the ACMA along with the completed LCLC1 electronic form.

QUESTION 2.

During the reporting period, how did you make the current local content statement(s) available to the public?

The local content licence condition requires a licensee to make current local content statements in relation to each licence it holds. Local content statements must be made publicly available by publishing them on a licensee’s website or by making them available on request.

For each licence listed in the electronic form, state how the current local content statement is made available to the public by selecting one of the following reasons from the drop down menu:

Published on website; On request; Both; or Neither.

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QUESTION 2a.

If you made your local content statement available on your web page, please provide the web page URL.

Only answer this question if you responded ‘Published on website’ for Q2. Otherwise go to Q2b.

For each licence listed in the electronic form that complied by publishing the current local content statement on their website, insert the webpage URL for the location of your current local content statements.

QUESTION 2b.

If your answer to Q2 was 'neither', please provide details.

Only answer this question if you responded ‘Neither’ for Q2. Otherwise go to Q3.

If you responded 'Neither' to Q2, answer this question by explaining your reason for non-compliance with the requirement to make local content statements available to the public.


QUESTION 3.

Have you kept audio records for 6 weeks from the start of the reporting period stated on this form as required by section 10 of the local content licence condition?

Section 10 of the local content licence condition requires licensees to keep audio records for a six week period starting on the date of the broadcast. Q3 is asking licensees to advise the ACMA about compliance with this record-keeping requirement from the start of the reporting period (as specified on this form).

For each licence listed in the electronic form, indicate whether or not the licensee kept the required records during the reporting period by selecting either 'Yes' or 'No' from the drop down menu.

QUESTION 3a.

Please provide details if you answered 'No' to Q3.

If you responded 'Yes' to Q3 do not answer this question, instead go to the ‘LCSS’ tab.

If you did not keep the required records during the reporting period you must submit a detailed explanation of why the records were not kept with your annual compliance report.

For each licence listed in the form, if you responded 'No' to Q3, answer this question by explaining your reason for non-compliance.


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3) LCSS tab

These notes explain how to complete the Local Content Statement Summary form contained on the LCSS tab. The LCSS form is provided to assist licensees with the completion of the local content statement reporting requirement set out in section 11 of the local content licence condition. The LCSS form can be completed as an alternative and preferred means to supplying a copy of the local content statement when requested by the ACMA.

The LCLC1 form has allows up to 10 licences to be submitted on the one form.

The LCLC1 form contains three main tables that must be completed:

REPORTING PERIOD table – this specifies the reporting week for which the local content statement summary is being made.

LOCAL CONTENT STATEMENT SUMMARY table – for licensees to enter information about the duration of local content supplied on each business day in the reporting week for each licence.

CONTENT BREAKDOWN table – for licensees to enter details about the material of local significance for a specified day in the reporting week.

Tips Only complete cells coloured pale yellow.

Reporting period

Start date / End date:Enter the beginning and end dates for the week being reported on in this summary as requested by the ACMA (i.e. the week specified in the letter sent from the ACMA to advise about the annual reporting requirements).

For the 2012-13 annual reporting the specified period is Sunday 16 June to Saturday 22 June 2013

Local content statement summary

Licence area



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What was the duration of local content broadcast on [business day] during the specified week?

Using the ‘hh:mm’ (hours:minutes) format, please enter in the total hours of material of local significance on each relevant business day. A description of ‘material of local significance’ is set out earlier in this guidance note.

Content breakdown

Licence area





What category of ‘Material of local significance’ did the licensee broadcast between [time]?

To complete this table, choose a business day from the reporting week requested by the ACMA. Using the drop-down menu provided, for each of the four time-slots please select the option that most applies to the material of local significance that was broadcast on the selected day. The four options are:

Hosted in;

Relates to;

Produced in; and

Direct & substantial relation.

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These four options are derived from the definition of material of local significance in sections 6 and 7 of the local content licence condition, and describe the necessary relationship between the material and the licence area of the licence. Please refer to the local content licence condition for more information.

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4) 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.

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 LCLC1. 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 compliance form LCLC1 and any supporting material.

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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.

6) 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.

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Submitting documents to the ACMA

You may submit the LCLC1 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 .

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