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Allocation of four community radio broadcasting licences for ... - ACMA

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The reasoning process<br />

In the first place, the ABA made an assessment <strong>of</strong> the matters under paragraphs<br />

84(2)(b), (c) and (d). The ABA did so because it took the view that the applicants'<br />

claims in relation to s.84(2)(a) should be considered in the context <strong>of</strong> the findings<br />

made by the ABA in relation to s.84(2)(b) to (d).<br />

Section 84(2)(b): nature and diversity <strong>of</strong> the interests <strong>of</strong> the <strong>community</strong><br />

The ABA understands '<strong>community</strong>' in s.84(2)(b) to refer to the whole <strong>community</strong><br />

within the licence area. The ABA considered the nature and diversity <strong>of</strong> the<br />

<strong>community</strong> within the Melbourne-wide and Melbourne City licence areas in order to<br />

assess the nature and diversity <strong>of</strong> the interests <strong>of</strong> the <strong>community</strong>.<br />

The Explanatory Memorandum states that paragraph 84(2)(b)<br />

16<br />

.... recognises that a <strong>community</strong>'s needs generally are reflections <strong>of</strong> the nature <strong>of</strong> that<br />

<strong>community</strong>, and whether, and how well, the diverse interests in the <strong>community</strong> are served.<br />

The ABA in<strong>for</strong>med itself about the interests <strong>of</strong> the <strong>community</strong> from a variety <strong>of</strong><br />

sources, including:<br />

• the Census data set out at Appendices B and C;<br />

• in<strong>for</strong>mation provided by applicants <strong>for</strong> the available <strong>licences</strong>;<br />

• in<strong>for</strong>mation contained in the Melbourne LAP, and the draft Melbourne LAP and<br />

Discussion Paper;<br />

• public submissions to the Melbourne <strong>community</strong> licence allocation process;<br />

• ABA research monograph 8: Youth and Music in Australia and Headbanging or<br />

Dancing; and<br />

• ABA study Listening to the Listeners: Radio Research.<br />

Section 84(2)(c): nature and diversity <strong>of</strong> other <strong>broadcasting</strong> services (including<br />

national <strong>broadcasting</strong> services) available within the licence area<br />

The Explanatory Memorandum indicates that paragraph 84(2)(c)<br />

.... enables the ABA to consider the whole range <strong>of</strong> <strong>broadcasting</strong> services available in a<br />

licence area, to assess whether there is a need in a <strong>community</strong> which is not being served, and<br />

which may appropriately be served by a <strong>community</strong> <strong>broadcasting</strong> licence.<br />

The ABA has had regard to the range <strong>of</strong> existing <strong>broadcasting</strong> services in the licence<br />

area. A list <strong>of</strong> <strong>broadcasting</strong> services currently provided in the Melbourne licence area<br />

is at Appendix D.

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