guide to completing lcp2a form/media/content projects and... · web viewguide to completing lcp2a...

Guide to completing LCP2A form (Annual compliance report – Local Content Plans)

JULY 2013

CanberraPurple 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 3Local content plans 3Minimum service standards 3Meaning of ‘local’ 3Annual reporting 3

Using the LCP2A form 4Structure of the LCP2A form 4Licensees that hold multiple licences or who are members of the

same group company 4Licence details 6Licence area 6Licence number 6Reporting period 6Reporting period start date / end date: 6Compliance information 7Eligible news bulletins 11Eligible local news bulletins for the ACMA designated week 11Eligible weather bulletins 13Eligible local weather bulletins for the ACMA designated week 13

Submitting documents to the ACMA 17Further information 17

acma | iv

About this guidance noteThe ACMA has developed this guidance note to assist holders of trigger event affected regional commercial radio broadcasting licences to complete and submit the annual compliance report about the licensee’s compliance with its approved local content plan.

Where an approved local content plan is in force for a licence during the whole or part of a relevant financial year, section 61CPA of the Broadcasting Services Act 1992 requires the relevant licensee to submit an annual compliance report to the ACMA within 3 months after the end of that financial year.

This reporting requirement (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 Broadcasting Services Act 1992.

This guidance note is designed to be read in conjunction with electronic form LCP2A, which is the form approved by the ACMA for licensees to complete their local content plan annual reports required by the Act.

Copies of the legislation referred to in this guidance note – including the Broadcasting Services Act 1992, the local presence 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 guidance note and in the LCP2A form are defined in the legislation referred to above.

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).

1| acma

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

Key termsBelow is a list of the key terms used in this guide and the LCP2A form.

the Act Broadcasting Services Act 1992

the form the LCP2A 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.

local presence licence condition

Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012

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

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 information2.

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 a number specified in the legislation, declared by the Minister or, 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’), whichever is greater.

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’.

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, within three months of the end of the financial year, 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.

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

Only submit electronic form LCP2A if a trigger event has occurred for the licence.

You must also submit an annual compliance report for the local content quota (preferably using standard electronic form LCLC1).

!

Using the LCP2A formStructure of the LCP2A form

The LCP2A form has five parts, marked by tabs at the bottom of the form.

Respondents using the LCP2A form may be required to provide information at four of these five tabs:

1. Cover sheet2. LCP2A3. Declaration4. Times5. Instructions for completion*

* 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 multiple regional commercial radio licences for which approved local content plans were in force during the financial year for those licences, then that licensee may use one form to report on annual compliance for up to 10 affected licences. The one form should only be used if all licensees had the same schedule of Eligible Local News Bulletins and Eligible Local Weather Bulletins during the sample week designated by the ACMA. The ACMA annual compliance letter sent to licensees following the end of the financial year designates the sample week

Different licensees within the same group company may also elect to use one form to report on compliance, for up to 10 affected licences, if they had the same schedule of Eligible Local News Bulletins and Eligible Local Weather Bulletins during the sample week designated by the ACMA. However, an authorised agent or authorised representative must provide a declaration to the ACMA 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.

Licensees using one form for multiple licences MUST list each licence separately and answer the applicable questions for each licence in the form. If you are reporting on licences with different schedules of Eligible Local News Bulletins and/or Eligible Local Weather Bulletins during the sample week specified by the ACMA, you must complete a separate form for each set of licences.

4| acma

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

If reporting on more than 10 licences, please submit additional forms.

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) LCP2A tab

The LCP2A form allows up to 10 licences to be submitted on the one form. Apart from the unique licence number(s), each licence may also have variations in the data provided to answer Questions 1 through to 6 BUT the schedule of Eligible Local News Bulletins and Eligible Local Weather Bulletins MUST be the same for all the licences in the sample week designated by the ACMA in the annual compliance letter it sends to licensees each year.

Note: If the Eligible Local News Bulletins and Eligible Local Weather Bulletins are not the same for all the licences in the designated week separate forms must be completed. If you are reporting on more than 10 licences, even though the schedule of Eligible Local News Bulletins and Eligible Local Weather Bulletins are the same for all the licences in the specified week, the additional licences must be reported on in a different form(s).

The LCP2A form contains three main tables 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 licensee’s compliance with the minimum service standards over the relevant financial year.

ELIGIBLE NEWS BULLETINS table – for licensees to provide information about the broadcast of eligible local news bulletins during the week designated by the ACMA.

5| acma

ELIGIBLE LOCAL WEATHER BULLETINS table – for licensees to provide information about the broadcast of eligible local weather bulletins during the week designated by the ACMA.

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.

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 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) you are reporting on by clicking in the cell and selecting from the dropdown option(s).

Reporting period

Reporting period start date / end date:

For each licence number entered into the LCP2A electronic form, enter the START DATE and END DATE for the reporting period (i.e. the period during which an approved local content plan was in force during the financial year):

Start Date –

o 1 July of relevant financial year

ORo if you did not have any approved local content plan in force during part

of the relevant financial year, enter the date of the ACMA approval of local content plan [format: dd/mm/yyyy].

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

6| acma

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

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

Compliance information

QUESTION 1. Compliance with local news requirement

Did licensee broadcast at least the requisite number of eligible local news bulletins for each week (excluding the five week ‘holiday period’) in prime-time hours in the reporting period?

For each licence listed on the electronic form, indicate whether or not you broadcast at least the requisite number of ‘eligible local news bulletins’ during prime-time hours (5 am – 8 pm) in the reporting period, as prescribed in the Broadcasting Services (Hours of Local Content) Regulations 2007. Answer by selecting either ‘Yes’ or ‘No’ from the dropdown menu.

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 trigger event occurred].

If your response to Q1 was ‘No’ move on to Q1a. If your response was ‘Yes’ go to Q2.

QUESTION 1a.

If your answer to Q1 is 'No', please provide a reason.

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

For each licence listed on the electronic form where you responded ‘No’ to Q1 and did not broadcast the requisite number of ‘eligible local news bulletins’ for any week during the reporting period (excluding the five week ‘holiday period’), answer this question by providing details 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 LCP2A electronic form.

QUESTION 2. Compliance with local weather requirement

Did licensee broadcast at least the requisite number of eligible local weather bulletins for each week (excluding the five week ‘holiday period’) in prime-time hours in the reporting period?

For each licence listed on the electronic form, indicate whether or not you broadcast at least the requisite number of ‘eligible local weather bulletins’ during prime-time hours (5 am to 8 pm) in the reporting period. Answer by selecting either ‘Yes’ or ‘No’ from the dropdown menu.

The requisite number of eligible local weather bulletins (as set out in subsection 61CE(2A) of the Act) is 5 each week and the weather bulletins must relate to the licence area of the licence.


7| acma

QUESTION 2a.



For each licence listed on the electronic form where you responded ‘No’ to Q2 and did not broadcast the requisite number of eligible local weather bulletins for any week during the reporting period (excluding the five week ‘holiday period’), answer this question by providing details explaining your reason for non-compliance.


QUESTION 3. Compliance with local community service announcements requirement

Did licensee broadcast at least the requisite number of local community service announcements for each week (excluding the five week ‘holiday period’)?

For each licence listed on the electronic form, indicate whether or not you broadcast at least the requisite number of ‘local community service announcements’ in the reporting period. Answer by selecting either ‘Yes’ or ‘No’ from the dropdown menu.

The requisite number of community service announcements is one each 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 (as set out in subsection 61CE (3) and (4) of the Act).

Community service announcements are considered ‘local’ if they relate to the licence area (section 5 of the Instrument).

If your response to Q3 was ‘No’ move on to Q3a. If your response was ‘Yes’ move on to Q4.

QUESTION 3a.



For each licence listed on the electronic form where you responded ‘No’ to Q3 and did not broadcast the requisite number of local community service announcements for any week during the reporting period (excluding the five week ‘holiday period’), answer this question by providing details explaining your reason for non-compliance.


8| acma

QUESTION 4. Compliance with emergency warnings requirement

Did licensee broadcast emergency warnings as required to do so by emergency services agencies?

For each licence listed on the electronic form, indicate whether or not you broadcast emergency warnings as required to do so by emergency service agencies. Answer by selecting either ‘Yes’ or ‘No’ from the dropdown menu.


QUESTION 4a.



For each licence listed on the electronic form where you responded ‘No’ to Q4 and did not broadcast emergency warnings as required to do so by emergency service agencies, answer this question by providing details explaining your reason for non-compliance.

If no requests were received from emergency service agencies to broadcast emergency warning(s) during the reporting period, insert ‘no requests received’.


QUESTION 5. Example of a local community service announcement broadcast

Give an example of a local community service announcement broadcast in the designated week by the ACMA for each licence.

For each licence listed on the electronic form, list an example of a local community service announcement broadcast in the designated week [the week the ACMA specifies in the annual compliance letter it sends to licensees each year].

Example where the designated week is the week commencing 16 June 2013

o CSA advising listeners of a community fun-run to raise funds for

juvenile diabetes – one (on 17 June 2013).

o CSA advising listeners of local school fete – seven (one each day).

9| acma

QUESTION 6. Example of an emergency warning broadcast

Give one occasion on which the licensee was asked by an emergency service agency to broadcast emergency service warnings in the financial year for each licence. List the action taken by the licensee for that request.

For each licence listed on the electronic form, list one occasion on which the licensee broadcast emergency warnings in response to requests from emergency service agencies for each licence.

For the occasion of the broadcast and the action taken by the licensee the list should include date, time and nature of request/response.

If no requests were received from emergency service agencies to broadcast emergency warning(s) during the reporting period, insert ‘no requests received’.

10| acma

Eligible news bulletins

‘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 in the designated week which is the week the ACMA specifies in its annual compliance letter to licensees each year.

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 LCP2A electronic form must have the same schedule of eligible local news bulletins.

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

Eligible local news bulletins for the ACMA designated week

From the dropdown menu 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].

11| acma

Duration

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

Example of completed table – before validation:

Eligible local news bulletins (in week designated by the ACMA)Eligible local news bulletins for the ACMA designated week Start time Duration Summary

Total daily number–news bulletins

Total daily duration–news bulletins

Monday-Friday 6:00:00 0:02:30 SundayMonday-Friday 8:00:00 0:02:00 Monday

Monday-Friday 9:00:00 0:03:00 TuesdayMonday-Friday 12:00:00 0:02:00 WednesdayMonday-Friday 17:00:00 0:02:00 ThursdayMonday-Friday 19:00:00 0:01:00 FridayFriday 16:00:00 0:01:00 SaturdaySaturday-Sunday 9:00:00 0:02:00

Saturday-Sunday 17:00:00 0:02:00 Total weekly

Note: The pale blue cells must be left blank. After completion of the form, use the ‘Calculate and Check’ validation tool to automatically complete the pale blue cells and validate data. See ‘Instructions for completion’ tab for more information about using the ‘Calculate and Check’ validation tool.

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

Example of completed table – after validation:

Eligible local news bulletins (in week designated by the ACMA)Eligible local news bulletins for the ACMA designated week

Start time(hh:mm:ss)

Duration(hh:mm:ss) Summary

Total daily number–news bulletins

Total daily duration–news bulletins

Monday-Friday 6:00:00 0:02:30 Sunday 2 0:04:00Monday-Friday 8:00:00 0:02:00 Monday 6 0:12:30

Monday-Friday 9:00:00 0:03:00 Tuesday 6 0:12:30

Monday-Friday 12:00:00 0:02:00 Wednesday 6 0:12:30Monday-Friday 17:00:00 0:02:00 Thursday 6 0:12:30

Monday-Friday 19:00:00 0:01:00 Friday 7 0:13:30Friday 16:00:00 0:01:00 Saturday 2 0:04:00

Saturday-Sunday 9:00:00 0:02:00

Saturday-Sunday 17:00:00 0:02:00 Total weekly 35 1:11:30

12| acma

Eligible weather bulletins

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.

Complete the table by inserting details of eligible local weather bulletins broadcast during prime-time hours (5 am – 8 pm) for each licence in the designated week being the week the ACMA specifies in its annual compliance letter to licensees each year.

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 weather bulletins on less than five days in the specified week.

All licences entered on the one LCP2A electronic form must have the same schedule of ELIGIBLE LOCAL WEATHER BULLETINS during the specified week. On the ‘Eligible local weather bulletins’ table complete the following deep yellow coloured cells only:

Eligible local weather bulletins for the ACMA designated week

From the dropdown menu 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].

13| acma

Example of completed table – before validation:

Eligible local weather bulletins (in week designated by the ACMA)


Start time(hh:mm:ss) Summary

Total number of daily local weather bulletins

Monday-Friday 6:00:00 SundayMonday-Friday 7:00:00 MondayMonday-Friday 8:00:00 TuesdayMonday-Friday 9:00:00 WednesdayMonday-Friday 12:00:00 ThursdayMonday-Friday 17:00:00 FridayFriday 16:00:00 SaturdaySaturday 8:00:00

Sunday 9:00:00 Total weekly

Note: The pale blue cells must be left blank. After completion of the form, use the ‘Calculate and Check’ validation tool to automatically complete the pale blue cells and validate data. See ‘Instructions for completion’ tab for more information about using the ‘Calculate and Check’ validation tool.

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

Example of completed table – after validation:

Eligible local weather bulletins (in week designated by the ACMA)


Start time(hh:mm:ss) Summary

Total number of daily local weather bulletins

Monday-Friday 6:00:00 Sunday 1

Monday-Friday 7:00:00 Monday 6

Monday-Friday 8:00:00 Tuesday 6

Monday-Friday 9:00:00 Wednesday 6

Monday-Friday 12:00:00 Thursday 6Monday-Friday 17:00:00 Friday 7Friday 16:00:00 Saturday 1Saturday 8:00:00

Sunday 9:00:00 Total weekly 33

14| acma

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;

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 LCP2A. 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.

15| acma

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) Instruction 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.

16| acma

Submitting documents to the ACMAYou may submit the LCP2A 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 .

17| acma

guide to completing lcp2a form/media/content projects and... · web viewguide to completing lcp2a...

Documents