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Fairfax Media Undertakes to Divest Ipswich Radio Station ACMA Grants

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Fairfax Media Undertakes to Divest Ipswich Radio Station ACMA Grants NEWSnews Fairfax Media undertakes to divest the breaches by Fairfax and its directors. In support of its application for prior approval of Ipswich radio station the breaches, Fairfax offered ACMA an enforceable undertaking under Part 5 and ACMA has accepted an enforceable undertaking from Fairfax Media Part 14D of the BSA, which was accepted. Limited (Fairfax) to divest its commercial radio licence in Ipswich, ACMA is now satisfied that the enforceable River 94.9, and to appoint an independent manager to operate the business undertaking offered by Fairfax should be during the divestment period. sufficient to ensure—as required by the Act— that necessary actions will be taken to remedy On 4 October 2007, Fairfax and its directors Fairfax’s acquisition of commercial radio licences the relevant breaches within the appropriate applied to ACMA for prior approval of formerly owned by SCB. The charge was time. This period cannot be more than temporary breaches of certain media control released on 9 November 2007, causing all two years. rules under the Broadcasting Services Act 1992 breaches to cease except for those in the The undertaking has been published on (BSA). Brisbane/Ipswich radio licence area. ACMA’s website at <www.acma.gov.au> (go to The statutory control rules are the limitations Before coming into a position to exercise For licensees & industry: Licensing & regulation on control and directorships set out in Divisions control of SCB, Fairfax was in a position to > Broadcasting: Broadcasting ownership & 2 and 3 of Part 5 of the BSA. Section 54 states exercise control of a commercial radio licence in control > Limitations on control > Control that a person can control a maximum of two the combined Brisbane/Ipswich licence area requirements > Prior approval for temporary commercial radio licences in a licence area. (River 94.9). SCB controlled two commercial breach or transaction > ACMAs enforceable A person may commit an offence by being in radio licences in Brisbane/Ipswich (4BC and undertakings). Details of temporary breaches breach of a limitation on control or directorships. 4BH). approved by ACMA are provided in the There will be no offence where ACMA has The charge over the SCB shares granted to Register of Notices and Approvals under Part 5 approved the breach in advance of the Fairfax resulted in breaches of the statutory of the BSA. transaction by which it arose. control rules for this licence area (sections 54 Further information on media groups and The original breaches arose through the and 56 of the BSA) because the acquisition media operations, and their controllers, in each operation of a charge to be granted to Fairfax gave Fairfax control of radio licences 4BC and licence area in Australia is available by over the shares held by Macquarie Media Group 4BH in Brisbane at the same time as it consulting the Register of Controlled Media in Southern Cross Broadcasting (Australia) controlled River 94.9. Groups and the Media Diversity Report on Limited (SCB). The charge was associated with On 17 October 2007, ACMA gave approval for ACMA’s website. ACMA grants provisional directory. ACMA will assess this as an application for final authorisation under the authorisation to use IPND data for IPND Scheme. If this is granted, Australian Local Directories will be allowed to publish public number directory public number directories using IPND data. The IPND Scheme also provides for the ACMA has granted a provisional authorisation to Australian Local assessment of applications, the period for which Directories Pty Ltd to use and disclose data from the Integrated Public authorisations will be in force, the notification of Number Database (the IPND) as a public number directory publisher. decisions under the scheme and the imposition of conditions on the granting of authorisations, The IPND is an industry-wide database of all disclose IPND data for approved purposes and it outlines the process for when such listed and unlisted public telephone numbers. It connected with the publication and maintenance authorisations end. was established in 1998 and is managed by of public number directories or with research. Distinct but similar processes are in place Telstra under the Carrier Licence Condition Australian Local Directories was able to for both public number directory publishers (Telstra Corporation Limited) Declaration 1997. demonstrate that its directory products will and researchers. Part 13 of the Telecommunications Act 1997 comply with the requirements of the IPND Prior to the commencement of the IPND governs who can access and use data from Scheme. ACMA determined that the proposed Scheme, the Australian Communications the IPND. purpose for use and disclosure of IPND data Authority (ACMA’s predecessor organisation) This is the first authorisation to be granted was legitimate and that the applicant found that in a number of cases information under the Telecommunications Integrated Public demonstrated the capacity to handle the data from the IPND was being used inappropriately Number Database Scheme 2007 (the IPND securely. by registered IPND data users. The reasonable Scheme), which commenced on 15 May 2007. Provisional authorisation entitles Australian expectation that a certain level of protection be The scheme established a ‘gatekeeper’ role for Local Directories to access a subset of IPND afforded to customer information was therefore ACMA in granting authorisations to use and data in order to produce a sample public number repeatedly not being met. 8 ACMAsphere | Issue 28 – March 2008.
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