A hearing into whether Premier Jennifer Smith's February TV address to the country was in fact a political broadcast shifted focus this week to local television stations, The Royal Gazette can reveal.

Representatives of the two local broadcasters were summoned by the Broadcast Commission to answer questions on the circumstances surrounding the broadcast.

It is understood that Government has argued that the commission's jurisdiction extended over the broadcasters of the programme and not its producers.

If the argument holds, it could mean that the stations and not the Government will have to respond to the complaint.

"The media made a presentation based on questions that had been put to us," said VSB news director Chris Lodge of the Tuesday meeting. "We responded to that, but we didn't reach any conclusions and they continued their meeting when we left. And we haven't heard from them since." Broadcast Commission chairman Tim Marshall did not return phone calls over the last several days.

News director Darlene Ming and CEO Rick Richardson also met the commission on behalf of the Bermuda Broadcasting Company. The commission's questions to the broadcasters, obtained by this newspaper, asked for confirmation that the programme was submitted by Government Information Services, the date it was submitted and for a copy of any relevant correspondence between GIS and the stations.

The commission also asked whether any references were made `to the applicability of the (Broadcast Commission's) directions. If so what was said?' And it asked why the stations decided to broadcast the programme and whether they took into account the directions. `We understand from our enquiries that the Bermuda Broadcasting Company Ltd. offered to air the broadcast at 8 p.m. and subsequently changed the broadcasting time to 7 p.m. With regard to DeFontes Broadcasting Co Ltd., we understand that they initially offered to air the broadcast at 8.30 p.m., but chose to broadcast at 7.30 p.m. Could you please inform the commissioners what factors were taken into account in determining the initial broadcast time and the actual time of the broadcast?'

The commission went on to ask: `Reference is made in the Premier's address to a `former Minister of Tourism in this country, and the operator of premium resort hotels in Bermuda and Nevis...' Do you know who the Premier was referring to? Did this reference to a former Minister of Tourism have any bearing on your assessment as to what was the applicable provision under the directions that applied to the broadcast?'

The UBP asked the commission in March to determine whether the Premier's broadcast, in which she called for the country to `pull together' was in fact a political broadcast that should not have been paid for by the taxpayers. The hearing proper has not yet begun because the commission has been bogged down in preliminary issues. The commission barred the public from the hearing.