Broadcasting Tribunal Decision




9 OCTOBER
THE NEW ZEALAND GAZETTE
4283

Following initial consideration, the Tribunal sought further justification or greater detail of the specific events proposed to be covered.

On 3 September advice was received that the studio location had been shifted from the Grafton Oaks Motel to the Museum of Transport and Technology at Western Springs.

The applicant stated that:

"This change has been made so as to combine the Country Music Month of October with country promotions and displays within M.O.T.A.T. for that period, also to feature the technology of radio with the display of an operational T.V. Studio soon to be opened.

Every Sunday during the month of October it has been planned to put on live displays of country music featuring the artists from the 10 member clubs of the Auckland Country Music Awards Inc.

The event of the Junior/Intermediate Country Music Entertainer of the Year Award takes place at the Mt Roskill Grammar School Hall on Saturday, 4 October, and winners from the various country music awards throughout the country compete for the overall titles.

It is also hoped to broadcast this event either live (if facilities allow) or to record the event and broadcast it from our studios at M.O.T.A.T." (emphasis added).

On 8 September the Tribunal gave further consideration to the application and determined to advise the applicant that it was not prepared to authorise the 28-day period of broadcast sought although it would be prepared to consider an amended application for a shorter term of a few days relating to a specific event or events.

The applicant responded by letter received on 17 September, reinforcing its amended application for the full period of 28 days.

The applicant submitted that there had been no objection filed, the specific purpose was "Country Music Month", special displays and promotions had been planned in conjunction with M.O.T.A.T., equipment had been hired and financial donations received.

The applicant also submitted that the Tribunal was unaware of the costs involved in organising a short-term broadcast, that previous authorisations granted were for similar "specific purposes" including 2 of 17 days duration and approvals were received in good time before commencement date.

The applicant sought reconsideration of the original 28-day application or alternatively of a minimum period of 17 days from Saturday, 11 October 1986 to Monday, 27 October 1986.

The applicant also requested reasons for the Tribunal's decision.

The Tribunal has further considered the application. It notes that a number of short-term authorisations have been granted for country music broadcasts over recent years. In many cases some of the same persons have been associated with such broadcasts—Mr Ramfield, Mr Mitchell and Mr Page in particular.

The authorisations so granted include:

25–28 October 1984, Tauranga Country Music Club
21–28 October 1985, Tauranga Country Music Club
27 May–3 June 1985, Auckland Country Music Awards
21 September–29 September 1985, New Zealand Country Music Association
18–27 January 1986, Northland Regional Association of Country Music Clubs
15–31 March 1986, Auckland Country Music Awards
17 May–7 June 1986, Auckland Country Music Awards.

All the above authorisations included coverage of specific events, referring to the Tauranga Country Music “Star Awards”, the Auckland Country Music Awards (including a live broadcast of the final Town Hall concert), the Northland Regional Awards, the Auckland Country Music Regional Awards and the Sixth Annual Country Music Awards.

The present application originally included coverage of the “Junior/Intermediate Country Music Entertainer of the Year Award” at the Mt Roskill Grammar School on Saturday, 4 October, to be broadcast either live or by recording for subsequent broadcast.

The alternative 17-day period now requested should the Tribunal decline a 28-day authorisation excludes the date of this event.

It is evident that the applicant and the principal persons associated with it are well aware of the Tribunal’s general preference for event related short-term authorisations. The coverage of such events has been a significant factor in the granting of previous applications.

The applicant has not previously sought, nor been granted, an authorisation longer than 17 days surrounding such a specific event. The Tribunal does have before it an application for a period of 56 days covering the period 13 December 1986 to 6 February 1987 from the Rodney County Broadcasting Company. The Tribunal has not yet determined that application but is aware that it involves many of the same persons as principals. Some formal opposition has been expressed by an existing warrant holder.

The Tribunal is not impressed by assertions that it is unaware of the costs involved in organising a short-term broadcast, as it considers some 60 or more such applications every year.

Each application is required to include a budget estimate and each successful applicant is required to file audited accounts within 4 months of the conclusion of the broadcast.

The present applicant has apparently not yet filed audited accounts for 2 previous authorisations this year, despite a reminder from the Registrar.

The Tribunal is advised that financial surpluses totalling some $5,000 have been generated from the authorisations for which accounts have been filed.

The Tribunal has some concern that the applicant appears to have solicited funds in support of the proposed broadcast from donors of whom the applicant itself states: “many of these are unknown and not able to be personally contacted”. The public should not be misled by an applicant for a short-term authorisation.

Regarding the association with M.O.T.A.T., the Tribunal has previously been prepared to approve a series of short-term authorisations for non-commercial radio broadcasts from such museums on weekends and public holidays—for example, the Tauranga District Museum.

Having regard to all the circumstances the Tribunal is not prepared to approve the authorisation as applied for.

An authorisation may be issued for a maximum period of 10 days in the month of October, with the specific dates to be determined by the applicant. These dates may include each weekend during October in order for the applicant to honour its commitment to M.O.T.A.T.

The Tribunal will require the broadcast to include coverage of the “Junior/Intermediate Country Music Entertainer of the Year Award” as originally requested. Details of this coverage should be advised when accounts are filed. The Tribunal will also require audited accounts for all authorisations to be filed before it determines the application in the name of the Rodney County Broadcasting Company.

Signed for the Tribunal:

R. BOYD-BELL, Member.



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✨ LLM interpretation of page content

🏛️ Broadcasting Tribunal Decision on Short-term Broadcasting Authorisation (continued from previous page)

🏛️ Governance & Central Administration
Short-term Broadcasting, Auckland Country Music Awards, AM Radio Station
  • Ramfield (Mr), Associated with country music broadcasts
  • Mitchell (Mr), Associated with country music broadcasts
  • Page (Mr), Associated with country music broadcasts

  • R. Boyd-Bell, Member