Radio Avon appeal

Press, 22 June 1979, Page 14

Radio Avon appeal

The public interest as well as the interests of other parties involved had been jeopardised at last year’s Broadcasting Tribunal hearing, by the Broadcasting Corporation’s late amendment relating to local broadcast content of planned radio stations to service Mid and South Canterbury and North Otago. This claim was made by counsel for Radio Avon, Ltd (Mr A, A. P. Willy) in the i Supreme Court yesterday, the second day of Radio Avon’s appeal against the tribunal’s decision to grant the corporation warrants to operate stations in Ashburton and Oamaru. Radio Avon had been the other party seeking a warrant to service the same region.

The appeal, which is being heard before Mr Justice Casey, is expected to conclude today. Yesterday’s hearing involved largely legal submissions by both counsel. Mr M. J. O’Brien, with him Mr B. L. Darby, is appearing for the corporation.

In evidence and submissions on the opening dav it was claimed that the corporation had advised the tribunal in a letter after the hearing ended, but before the tribunal’s decision was given, of its proposed increase in local content of the two planned stations. The corporation had thus secured an “advantage.” Radio Avon’s appeal was based on the deprivation of natural justice, and the issue of warrants for the stations. On the question of Radio Avon’s allegedly being deprived of natural justice, Mr Willy submitted that Radio Avon could not reasonably have anticipated that the corporation was making some radical departure from the terms of its application. ' Mr Willy said the late [amendment was clearly pre-

judicial to Radio Avon and to any member of the public seeking to support or oppose any application.

On the matter of the broadcasting warrants Mr Willy submitted that, on the evidence, the corporation could be held to be establishing “relay” stations at Ashburton and Oamaru to provide the planned new service. The corporation’s warrants for the six broadcasting stations, which, it proposed, would transmit to the local stations at all except the three hours daily of local content, did not permit broadcasts to the two relay stations.

The tribunal thus lacked jurisdiction under the Broadcasting Act to grant the warrants to the corporation, Mr Willy said. Mr O'Brien, opening his submissions, said the corporation, when giving its undertaking in its original or amended form, was simply “particularising the general.” The original form of the corporation’s undertaking was no different in programme origination and time scale from the final one. The only change was that the ultimate objective of local programme hours was made no longer subject to the qualification of economic conditions.

Mr O’Brien submitted that the tribunal had regarded the corporation’s planned radio service to the areas as “better fulfilling the local need.” : Mr O’Brien also contended I that a factor in the tribunal's [decision favouring the coriporation was the economic i effect on Radio Carolina, Timaru, of granting Radio Avon’s application. He submitted also that because Radio Avon had not been an objector to the corporation’s application at the tribunal’s hearing, then it had no status as an appellant jin the present proceedings.