The ABA has decided not to allocate a community radio broadcasting licence in Gosford, New South Wales at this time because of a court decision against its earlier decision.

On 19 December 2002, the ABA allocated a third community radio licence to Gosford Christian Broadcasters Ltd. On 31 January 2003, the Federal Court set aside the ABA’s decision to allocate this licence on the basis that the decision to allow Gosford Christian Broadcasters Ltd to lodge a late application for the licence affected the legal rights, interests and legitimate expectations of the other applicants.

The ABA formed a preliminary view on 13 March 2003 to not allocate the licence and gave each applicant an opportunity to make a further submission.

The ABA considered this additional information and subsequently assessed the valid applicants for the third licence: Newcastle Christian Broadcasters Ltd (Christian); Radio Yesteryear Inc (general community interested in music from 1930s to 1960s); and Wyong Gosford Progressive Community Radio Inc (minority groups).

Explaining the decison, ABA Chairman David Flint said: “After giving careful consideration to the criteria laid down in the legislation and the information provided by the applicants, the ABA has decided in this case not to allocate the licence.”

The ABA will “review the situation in due course” with a view to re-advertising the licence late in 2003 or early in 2004.

Until then the ABA is encouraging the applicants to operate a temporary service to develop their capacity. The frequency (94.9 MHz) will be made available for temporary community broadcasting until a revised decision is made.

The Gosford area is currently served by five ABC radio services and two commercial radio services. A third commercial radio licence is pending (see other story).

The Gosford area is already served by three community radio services, 2CCC, 2CCH and 2SNR.