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«COMMERCIAL RADIO INQUIRY Report of the Australian Broadcasting Authority Hearing into Radio 2UE Sydney Pty Limited February 2000 Sydney ISBN 0 642 ...»

-- [ Page 18 ] --

Consideration means any valuable consideration but does not include consideration which consists of the provision, at no charge, of a product or service solely for review.

Licensee means Radio 2UE Sydney Pty Ltd or any transferee of the commercial radio broadcasting licence held by Radio 2UE Sydney Pty Ltd.

Presenter means the on-air presenter or compere of a program broadcast by the Licensee.

Producer means a person responsible for the production of a program broadcast by the Licensee.

2. Commencement This condition commences on 3 April 2000.

3. Distinguishing Advertisements Advertisements broadcast by the Licensee must be presented in such a manner that the reasonable listener is able to distinguish them from other program material.

4. Duration of Condition This condition will cease to operate on 2 April 2003.

–  –  –

Schedule 4: Submissions Received Mr Tony Allen, November 1999 Mr Keith S Anderson, 27 July 1999 Mr Colin Barnes, 16 July 1999 Mr Jonathan Baxter, 8 November 1999 Mr Greg Bettridge, 5 November 1999 Cable & Wireless Optus Limited, 19 November 1999 Colonial State Bank, 2 December 1999 Communication Employees (CEPU) Retired Members’ Association NSW, 24 August 1999 Communications Law Centre, 23 December 1999 Counsel Assisting the Hearing, December 1999 Mr Venantius D’Souza, 19 July 1999 Mr Tom Donnellan, 27 October 1999 Lee Dryden, 22 October 1999 Lee Dryden, 31 November 1999 Ms Kaye Easterby, 21 July 1999 Federation of Australian Radio Broadcasters Ltd, 19 November 1999 Foxtel Management Pty Ltd, 3 December 1999 Sel Furling, October / November 1999 Mr Charlie & Mrs Rose Hamand, 5 October 1999 Mr Michael Holliday, 10 September 1999 Mr Alan Jones, 13 December 1999 Mr Harry Lawrence, 15 July 1999 Mr John Laws January 2000 Mr John Laws in relation to exhibit 39, 31 January 2000 Ms Joan E Logan, 15th August 1999 Mr Geoff Marr, 10 November 1999 S McGillicuddy, 2 November 1999 Mr Paul R Miles, 9 November 1999 L Muirhead, 16 July 1999 Mr Ralph Munro, 5 December 1999 NRMA Limited, 19 November 1999 Robert G Otto, 17 November 1999 Mr Mark Owen, 14 October 1999 Mr William Pallister, 22 July 1999 Mr Tony Paynter September – December 1999 Ms Barbara Peters, 25 September 1999 Mr Grant Piazza, 3 November 1999 Public Relations Institute of Australia, 19 November 1999 Radio, 2UE, 14 January 2000 W Robb, 3 November 1999 Ms Sylvia Robertson, 3 November 1999 Save Albert Park (Community Organisation), 20 August 1999 Dr Garry Stevens, 1 November 1999 Mr Laurence Toltz, 10 November 1999 Mr Chris Walters, 17 July 1999 Mr Ron Webster, 25 July 1999 K H Wolf, 3 December 1999 Mr John Wood, 21 October 1999 Schedule 5: People Mentioned in the Report Please note, a person’s position is the one they held at the time of the event or occurrence mentioned in the report. It is not necessarily their current position.

Mr Richard Ackland, ABC, Presenter of ‘Media Watch’ Mr Garry Boyce, Hunt & Hunt Solicitors, Solicitor for Mr John Laws Mr Piers Akerman, the Daily Telegraph, Columnist Senator the Hon. Richard Alston, Minister for Communications, Information Technology and the Arts Mr Chris Anderson, Cable & Wireless Optus, Chief Executive Officer Mr Don Argus, National Australia Bank, Chief Executive Officer Mr Tony Aveling, Australian Bankers’ Association, Chief Executive Mrs Shirley Ball, Resident’s Action Group Mr Bill Barrington, Sky Radio Network Mr Kerry Bartlett MP, Federal Member for Macquarie The Hon. Kim Beazley MP, Federal Opposition Leader Mr Tony Beck, Finance Sector Union Mr Colin Bold, Colonial State Bank, Marketing Manager (Group Incentives and Sponsorship) Ms Jodee Borgo, Personal Assistant to Mr John Laws Mr Paul Bowd, Radio 2UE Sydney Pty Limited, Agency Sales Manager, Sydney Ms Micki Braithwaite, Secretary to Mr Alan Jones Mr John Brennan, Radio 2UE Sydney Pty Limited, Program Manager Ms Megan Brownlow, Radio 2UE Sydney Pty Limited, Producer of the ‘John Laws Morning Show’ Ms Mara Bun, Australian Consumers Association Mr Mark Burrows, Sydney Theatre Company, Chairman Mr John Buttle, KPMG, Financial Services Industry Group Chairman The Hon. Bob Carr MLA, Premier of NSW Ms Kerry Chikarovski MLA, Leader of the Opposition, NSW Mr Sam Chisholm, Nine Network Australia Ms Kelley Clary, 2UE, Sales Department,.

The Hon. Peter Collins MLA, Leader of the Opposition, NSW Mr John Conde, Radio 2UE Sydney Pty Limited, Chairman Mr Adam Cook, St George Bank, Manager Corporate Relations The Hon. Peter Costello MP, Federal Treasurer Mr Geoff Cousins, Cable & Wireless Optus Vision, Chief Executive Mr Alan Crouch, Colonial State Bank Franchisee Ms Sue Curtis, 2UE, Employee of the ‘John Laws Morning Show’ Mr Mike Dalton, 2UE, Producer of the ‘John Laws Morning Show’ Ms Lorna Davis, State Bank, Head of Marketing Mr Rod Deane, Telecom New Zealand Mr Geoffrey Dixon, Qantas, Deputy Chief Executive Officer Mr Ian Donges, National Farmers Federation The Hon. Ron Dyer MLC, NSW Minister for Public Works Mr Michael Edmonds, Road Transport Forum, National Communications Manager Mr Allan Ezzy, Western Sydney Alliance, Chairman Professor Allan Fels, Australian Competition and Consumer Commission, Chairman Mr Ron Finemore, Road Transport Forum, Chairman Mr Brian Fitzgerald, Commonwealth Bank, Executive Manager, Group Corporate Relations Mr John Fordham, Fordham Communications, Mr Laws’ Manager & Agent Mr Guy Foster, Allen Allen & Hemsley, Solicitor for Radio 2UE Sydney Pty Limited Mr Neil Gamble, Star City, Chief Executive Officer Mr Doug Gillies, Qantas, Executive General Manager Aircraft Operations Mr Ray Hadley, Radio 2UE Sydney Pty Limited, Presenter Mr Robert Hamilton, Mirvac Pty Limited, Managing Director Mr Rod Hannifey, Driver for Finemore Holdings Ltd works with Road Transport Forum The Hon. Joe Hockey MP, Minister for Financial Services and Regulation Ms Sue Holliday, Department of Urban Affairs and Planning, Director General The Hon. John Howard MP, Prime Minister of Australia Mr Alan Jones, Radio 2UE Sydney Pty Limited, Presenter Mr Greg Jones, RAMS Home Loans Pty Ltd, Director of Marketing & Public Affairs Mr Paul Keating, Former Prime Minister of Australia The Hon. Jeffrey Kennett MLA, Premier of Victoria Mr Keith Kerr, Registered Clubs Association of NSW, Executive Director The Hon. Craig Knowles MLA, NSW Minister for Urban Affairs and Planning Mr John Laws, Radio 2UE Sydney Pty Limited, Presenter Mr Mark Lever, NRMA, Corporate Communications Manager Ms Alexandra Lutyens, Cable & Wireless Optus, Sponsorship Manager Mr Geoff Lynch, Ansett, Public Affairs Mr David Mann, Mirvac Pty Ltd Mr Bob Mansfield, Optus Communications Pty Ltd Mr Terry McCrann, the Daily Telegraph, Columnist Ms Margot McKay, State Bank, Executive Mr Harry M Miller, Harry M Miller & Company Management, Mr Alan Jones’ Agent & Manager Mr Bob Miller, Australia Street Consulting, Managing Director Mr Neil Mitchell, 3AW Southern Cross Radio Pty Limited, Presenter Mr Tom Mockridge, Foxtel Management Pty Ltd, Chief Executive Officer Mr Tony Moltzen, Radio 2UE Sydney Pty Limited, General Marketing & Sales Manager Mr John Moore, SOCOG, Marketing Manager Ms Samantha Mostyn, Optus Communications Pty Ltd, Government & Corporate Affairs Mr Chris Muldoon, Optus Communications Pty Ltd, Public Affairs Ms Diana O’Neil, Foxtel, Director of Corporate Affairs Mr Bernard O’Riordan, the Australian Financial Review Mr James Packer, Publishing & Broadcasting Ltd, General Manager.





Mr Ron Payne, NRMA, Group Marketing Manager Mr Gary Pemberton, Qantas Mr Keith Perkins, Fullerton Farmer Mr Phillipe Robert, consultant architect for Walsh Bay Mr Iain Ross, Australian Industrial Relations Commission, Vice President Mr Howard Sattler, 6PR Southern Cross Radio Pty Limited, Presenter The Hon.

Carl Scully MLA, NSW Minister for Transport, NSW Minister for Roads, Former NSW Minister for Public Works and Services Mr Tony Shepherd, Transfield Australia Chief Executive, Project Development Mr Bernard Shirley, QANTAS Airways Ltd, Group General Manager Ms Susie Simmons, 2UE, Employee of the ‘John Laws Morning Show’ Mr Christopher Stewart, Australian Bankers’ Association, Director Public Affairs Mr Max Suich, Optus Communications Ltd, Director Marketing Division Mr Howard Tanner, Heritage Council Mr John Tapp, Racing Commentator Mr James Thane, Harry M Miller & Co Management Mr Paul Tissot, Colonial State Bank, General Manager Marketing Senator The Hon Judith Troeth, Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry Mr Mark Vaile MP, Minister for Transport Ms Lucinda Webb, Harry M Miller & Co Management Mr Nick Whitlam, NRMA President Mr Michael Whitney, Media Personality Ms Anne Wild, Registered Clubs Association of NSW, Publicity Manager Mr Gary Williams, NRMA, Advertising Manager (NSW) Mr Murray Wilton, Radio 2UE Sydney Pty Limited, Promotions Department Mr Stephen Woodhill, Cable & Wireless Optus, National Media Manager Schedule 6: Current Controllers of Radio Station 2UE The Australian Broadcasting Authority’s register of current controllers of a broadcasting licence, maintained under section 75 of the Broadcasting Services Act 1992, lists the following persons as being in a position to exercise control of the licence of Radio Station 2UE:

♦ Broadcast Investments Holdings Pty Limited;

♦ Radio 2UE Sydney Pty Limited;

♦ United Broadcast Holdings Pty Limited;

♦ Mr John Casper Conde;

♦ Mr John Craig Conde;

♦ Ms Natasha Anne Conde;

♦ Dr Susan Adelaide Conde;

♦ Mr Stewart Peter Paulsen Lamb;

♦ Ms Winifred Ruby Lamb;

♦ Ms Evelyn May Perry;

♦ Mr Murray Herman Stevenson; and ♦ Mr Norman Max Stevenson.

Schedule 7: Ratings of Radio Station 2UE

RADIO AUDIENCE INFORMATION

The radio audience information presented below relates primarily to share data and cumulative audience data. Share refers to the percentage of time spent by the radio listening audience tuned to a particular station in a given time period. Cumulative audience refers to the number or proportion of different people reached at least once by a particular station over a given time period.

Information is provided about the age profile of 2UE listeners, 2UE’s performance throughout 1998 and 1999, and how 2UE performed in comparison to other radio services.

The information is sourced from ACNielsen data which is reported in the Radio Audience Survey Summary publications of the Federation of Australian Radio Broadcasters Ltd and the Radio Marketing Bureau.

RESULTS 2UE listeners comprise mostly of people aged 55 years and over (about 46 per cent in survey period eight 1999420), followed by the 40 to 54 year age group (about 25 per cent) and the 25 to 39 year age group (about 18 per cent). Only a small proportion of 2UE listeners were aged between 10 and 24 years.

Approximately one-quarter of 2UE’s total cumulative audience in 1999 (Monday-Sunday,

5.30AM to midnight) listened to 2UE exclusively. This level of exclusive listeners is not unusual compared to other commercial radio stations in Sydney.

The data in Figures 1 to 3 provide a picture of 2UE’s performance throughout 1998 and

1999. Figure 1 gives 2UE’s overall audience share, while Figures 2 and 3 give the audience share for the 5.30 am to 9.00 am timeslot (Allan Jones) and the 9.00 am to 12 noon time slot (John Laws) respectively.

Figures 1 to 3 show that 2UE’s audience share has fluctuated throughout 1998 and 1999. The share of 11.8 per cent achieved by 2UE during survey period eight is the lowest recorded for any survey period over the last two years.Figure 2 shows that the Allan Jones program in the

5.30 am to 9.00 am timeslot achieved a substantially higher audience share than 2UE overall or the John Laws program.

There were eight survey periods in 1998 and in 1999. For an explanation of the time period covered by each survey see Table 2 in the Notes at the end of this section.

Figure 1: 2UE share – people 10+ (Mon-Sun) - 1998 and 1999

–  –  –

Figures 4 to 6 compare the audience share of 2UE to it two closest rivals in the Sydney market. Figure 5 shows that 2UE’s share in the early morning time slot (5.30 am – 9.00 am) is substantially higher than the share achieved by 2DAY or 2MMM, particularly for surveys one to six. All three radio stations have a similar audience share in the 9.00 am to 12 noon timeslot and overall.

Figure 4: Share for three stations – people 10+ (Mon-Sun) - 1999

–  –  –

Figures 7 to 9 show the share information for 2UE in comparison to other radio stations in the Sydney region. They provide share information for survey period three prior to the broadcast of the Media Watch program in July 1999. The ‘other AM’ category includes 2KY, 2SM, 2RN and News Radio.

Figure 7: Share – people 10+ (Mon-Sun) – Survey 3 (14/2/99-1/5/99)

–  –  –

Figures 10 to 12 provide share information for 2UE in comparison to other radio stations in the Sydney region. They provide share information for survey period eight during the later stages of the Authority hearing into 2UE. The ‘other AM’ category includes 2KY, 2SM, 2RN and News Radio.

Figure 10: Share – people 10+ (Mon-Sun) – Survey 8 (19/9/99-27/11/99)

–  –  –

Schedule 8: Mr Jones’ Agreements

OPTUS ADMINISTRATION PTY LIMITED (OPTUS)

The 1993 Agreement On 4 May 1993 Optus entered into an agreement with Belford Productions Pty Limited and Mr Jones for a period of two years (commencing 1 April), with a 1 year extension at the option of Optus.421 The fee was $100,000 per annum plus a performance-based fee based on increases in Optus’ market share.422 Mr Jones’ obligations included the promotion and enhancement of Optus long distance

communication services by:

♦ ‘personal recommendation’;



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