Millicent community radio station 5THE FM has breached two of its licence conditions according to the Australian Communications and Media Authority.
The government body published its findings online on Friday, coincidentally a day after a 50-strong special general meeting of 5THE FM had voted to install a new board of management.
ACMA acted on two unidentified complaints this year and sought – and received – responses from the former board of management.
ACMA found 5THE FM was not encouraging members of the community to participate in the operations of its service, and accordingly had breached its licence.
The ACMA’s participation guidelines state that community radio licensees such as 5THE FM encourage community participation in their operations when they have sound corporate governance practices, value and promote membership and volunteering, and have an effective and transparent committee structure.
In its submissions to ACMA, the former 5THE FM board of management noted the difficulties posed by COVID as well as the inability to secure paid administrative staff owing to a decline in sponsorship revenue.
“Radio 5THE FM has not held an annual general meeting for two years and has not had an election for management committee positions for two years, combined with the inability to provide financial records, supports the conclusion the licensee cannot demonstrate sound corporate governance practices over the past two years,” stated the ACMA findings.
“Radio 5THE FM has also been unable to provide recent financial records.
“The licensee has demonstrated it takes some steps to promote membership and volunteering.
“However, notwithstanding the impacts of COVID, and the small licence area the service is located in, membership numbers of 5THE FM are low.”
The second breach found by ACMA related to a 2021 broadcast about the Millicent Saleyards.
According to the complainant, the broadcast had contained false and misleading statements.
The complainant contacted station management via email but did not receive a response.
As a result, the complainant contacted the ACMA.
In turn, ACMA considered a response from 5THE FM and then found it had breached the broadcasting code which requires complaints to be responded to in writing within 60 days of receipt.
Contrary to the 5THE FM response, ACMA took the preliminary view the emailed complaint had indeed been received by the community radio station.
“While the 5THE FM complaint may have occurred within a broader context of disagreements between the complainant and the Millicent community radio station, there is no evidence to indicate the complaint was clearly frivolous, without sufficient grounds or not made in good faith,” stated the ACMA findings.
“As a result, the complaint did not meet the exception described in Code 7.2 of the Codes.”
Subject to the outcome of the current 5THE FM licence renewal application, ACMA will consider enforcement action.
The current licence extension for 5THE FM has less than a month to run.
Incoming 5THE FM chairperson David Walshaw said the ACMA findings had vindicated the actions of those who sought change at the station.
“That is behind us now and we are moving forward,” Mr Walshaw said.
“We have to set about rectifying the licence breaches as identified by the ACMA and getting the 5THE FM licence renewed which will not be an insignificant task.
“The new board of management is skills-based in critical areas such as governance, finance and broadcasting and we are being backed by a group of up to 60 volunteers.
“We are all keen for a return to local broadcasting at 5THE FM and while we have some challenges ahead of us, we have the skills and expertise to make it happen.”
The SE Voice has approached the previous management for a response.
