/ 3 November 1995

Radio station to take IBA to court

Neil Bierbaum

A COMMUNITY radio station in Pretoria is challenging a decision by the Independent Broadcasting Authority to grant it a shared frequency. Its court hearing against the IBA was delayed this week for the third time.

Radio Visarend has been allocated a frequency to be shared with two other Afrikaans community radio stations, Radio Hoofstad and Baken Radio. The three were to decide how to carve up the time, but Hoofstad and Baken have amalgamated, forming Radio Afrikaner FM, taking two-thirds of the time, leaving Visarend with Tuesdays, Thursdays and “one-third of Sundays”.

Visarend never went on air. “To do so would imply that we are satisifed (with the licence conditions),” says chairman Rudolf Lotheringen. Instead, Visarend has challenged the IBA, stating in its court papers that by sharing a frequency the station cannot create a viable opportunity for advertisers. Alternatively, it contends that Radio Afrikaner FM, now a single company, should only get half the time on the frequency.

Meanwhile, Radio Afrikaner FM has stopped broadcasting, reportedly due to a failure by advertisers to renew their contracts because of the shared frequency.

According to Lotheringen, the IBA has given no reasons for issuing a licence on a shared frequency. It has also “dragged its feet in responding to the court papers”. Hence, the delay.

Apparently, the IBA had to discuss with 5FM the availability of another frequency in the area. It took more than a month to respond and then gave Visarend one working day to counter its response. Visarend requested a delay in the court appearance. At the time of going to press, no further court date had been anounced.

Lotheringen has an additional problem: the IBA initially granted the three stations the frequency of 103MHz, but then moved them to 93.6MHz, which is used by an Ndebele station. The latter’s signal is intended to transmit towards Witbank, but, says Lotheringen, there is a spillover to the Pretoria side that is the same strength as Visarend is allowed — 100W.