FM application not realistic, court told

Press, 31 May 1986, Page 9

FM application not realistic, court told

Wellington reporter

Neither in terms of revenue nor in terms of audience share was Radio Avon’s application for an FM radio warrant in Christchurch realistic, the Administrative Division of the High Court was told in Wellington yesterday. Mr Brent Impey, for Canterbury FM Broadcasting, Ltd, told Mr Justice Greig that the appeal by Radio Avon ought to be declined.

Radio Avon, represented by Mr Paul Mortlock, was appealing against a decision by the Broadcasting Tribunal last July.

The tribunal had issued FM warrants to Canterbury FM and Radio New Zealand’s 3ZM, but had declined applications by

Radio Avon and Mainland FM, Ltd.

Mr Impey said the tribunal had given sufficient weight to all aspects of Radio Avon’s application and evidence, and the decision to . decline the application was correct. As well, Radio Avon had not made an alternative proposal, but instead had argued a whole case on retaining the AM radio warrant. Instead, it had not applied but only offered, reluctantly, to surrender the AM warrant.

If there were an “alternative proposal,” as Radio Avon had since suggested, the tribunal had considered it was not viable either, Mr Impey said.

Radio Avon could not sustain an assertion that

the tribunal’s decision on programming needs, made in favour of Canterbury FM, was against the weight of evidence. The weight of evidence had clearly established Canterbury FM as better meeting programme needs, with Radio Avon relying almost entirely on the debateable expertise of Mr Noel Wesney for evidence on this, Mr Impey said.

His Honour has reserved decision on the appeal after a two : day hearing.