2644
THE NEW ZEALAND GAZETTE
No. 94

and they were not put off by what they didn't like. Com-
mercial stations could not afford to take the risk of playing
music which may cause their listeners to turn to another
station. Having identified their audience they must cater to
its taste or risk alienating it. The music Radio B played could
not be integrated into existing commercial station programme
formats. Surveys had showed that there was a demand and
the station produced a large number of letters and petitions
to the Tribunal which had arisen out of a series of announce-
ments on air about the forthcoming hearing.

He said that the advertising was primarily directed to
students and was in the nature of a service to listeners and
advertisers more than a commercial operation. He cited the
Auckland Savings Bank extensively advertising its campus
branch on the station. Other advertisers were suppliers and
retailers who offered a student discount and those who pro-
vided service of special interest to the students such as speed
reading and speed typing courses. The station also advertised
concerts by band groups "who play our type of music". The
advertising budget of $20,000 was miniscule compared with
Radio I and Hauraki. The advertising content had been con-
sistently held well below the 4 minutes per hour permitted
by previous authorisations.

Mr Brady said that Radio B provided a training ground
for radio from which commercial radio stations had greatly
benefited.

With regard to technical considerations he said that the
Hobson Bay transmitter operated at 250w and the station had
voluntarily offered to reduce its power to 100w on receipt of
any complaints from Hauraki or Radio I which could be
substantiated. No complaints had been received from them
or from any member of the public. He understood that no
complaint had been lodged with the Post Office.

In cross-examination Mr Brady said he could see a time
in the future when a warrant application might be made but
the Association could not support and run a full time station
as the students are engaged in full time study at the same
time. The station had chosen 1404 kHz having had this
assigned to them by the Post Office on a previous application.
The aim of the station was to provide for students and
music for a student audience. It was directed to students and
others listened because they liked the music which was a
vital ingredient of the station. The programme material was
directed to Auckland University and Auckland Technical
Institute students. The station did not carrying any national
advertising.

Evidence was also given along similar lines by Mr Andrew
Dickens the present station manager.

For the applicant, Mr Dormer amended the application to
provide for a series of 28 days, namely—for the first term,
30 May to 27 June, 28 June to 26 July and 27 to 14 August;
in respect of the second period from 15 September to
1 October, from 2 October to 29 October and from 30 October
to 27 November.

The Tribunal had an opportunity to read some of the
letters that had been sent to the station and the Tribunal.
While such letter writing can be orchestrated and petitions
need to be taken with a certain amount of reserve, it was
obvious from reading the letters that the feelings towards
the station were strong and reasoned. The reader could be
pardoned for thinking that both commercial and non-com-
mercial operators in Auckland should be alarmed at the
disillusionment that occurs among some thinking young
adults about the lack of stimulation in the music presented
in mass appeal commercial formats.

Contrary to the original submission made by Radio I
Ltd. the Tribunal has previously considered the implications
for broadcasting of extensive broadcasting by student radio
stations. (Decision 3/81).

The Tribunal accepts the evidence put forward by the
applicant. The Tribunal is satisfied after hearing this evidence
that the application ought to be granted in the public interest.
Not only is the service desirable, it is filling the needs of a
section of the community and the impact on other stations
is not such as to outweigh those considerations. Indeed no
evidence of any possible commercial impact was produced
other than by the applicant who referred to the station
receiving recognition of its existence in a McNair survey
which was not produced to the Tribunal.

The audience for such a station will be self-limiting pro-
viding the station continues properly to serve its student
audience. In a previous decision (3/81) we said:

"Let it first be said that the Tribunal has encouraged student
radio and has been disappointed that the provisions
made in the Act which arose out of their own sub-
missions for a more permanent form of authorisation or
warrant have never been used by the student unions.
We are not clear why. It is unfortunate that a number of

applications have to be considered from some of the
universities every year when it should only be necessary
to consider one from each.

"It also needs to be said that the Tribunal does not regard
such stations as general broadcasting stations providing
a service to a young audience. Every application has to
be treated on its merits and the student association appli-
cations are invariably put forward to provide a service
to students. Any wider purpose invites the examination
of the application on a commercial basis akin to a
warrant application. It would have to be decided the
extent to which the station should be in competition
with those holding existing warrants which carry con-
tinuous transmission responsibilities and obligations to
provide a number of other services to the community.

"University student association stations provide a worth-
while service to students. We do not consider that broad-
casting by these stations should necessarily be confined
only to periods such as orientation and we believe it
would be better for such stations to have a more flexible
approach as to hours of broadcast and the maximum
number of hours per annum to develop services and
provide for the needs of the university students without
the need for several formal premeditated applications
each year."

The evidence in this case points to the Students Association
in Auckland conducting a station which is providing a good
service to a specialist audience in accordance with its re-
sources which would not justify an application for a full
time commercial warrant. It is clear that the invitation from
the Independent Broadcasters Association to make such an
application is by no means an indication that it would meet
with the support of the commercial operators in that city.
It is rather an effort to try and have the proposals of the
broadcasters at Auckland University adjudged on a full
commercial warrant basis. The nature of their broadcasts
and the limitations they place on themselves mean that their
purpose is to broadcast to their own audience at specific
times to suit that audience and not as a general broadcasting
station.

The short term broadcasting procedure as provided for in
the 1979 Amendment Act provides an ideal situation for the
control and licensing of a student station. It gives an oppor-
tunity once a year for a hearing such as the present one to
take place, for the personnel who change from time to time
to be notified and for the station to remain sensitive to
criticism and complaints.

The Tribunal considers the procedure exactly appropriate
to the type of operation conducted.

We must say that it may well be that in serving their
particular audience they will have some impact on other
stations in the area. We have referred to this in previous
decisions.

We have to remind private operators that the prime con-
sideration of the Tribunal in such matters must be the
interests of the public and not the commercial and fiscal
interests of the proprietors of commercial radio stations.

That they may lose some small part of their audience
follows from the authorisation of any broadcasting concurrent
with the broadcasting from warranted stations. That some
enterprising students might partly fill a gap in commercial
radio services in Auckland should be a matter of congratula-
tion for the system, not the basis of an attempt to stultify
student broadcasting or to confine it to a self-financing training
scheme for commercial radio.

The application has been granted for the purpose of pro-
viding an entertainment and information service to students
of Auckland University. Advertising is limited to 4 minutes
per hour.

The Registrar was directed to issue accordingly with the
following conditions:

(a) The holder of this authorisation shall comply with the
requirements of the Act and all regulations issued
thereunder.

(b) Unless otherwise approved in writing by the Tribunal
the holder of this authorisation shall comply with
all rules issued by the Tribunal.

(c) The holder of this authorisation is required to reduce
power or cease transmissions at the direction of the
Post Office at any time should harmful interference
result from transmissions.

(d) The holder of this authorisation shall maintain a
programme log and an advertising schedule and shall
keep copies of any scripts used. The log, schedule
and scripts to be available to the Tribunal if so
called upon within 6 months.