[cma-l] DCMS consultation closes 25th August - URGENT

Tue Aug 11 15:58:30 BST 2009

Hi Jaqui and all

Thanks for the reminder!

It is really important that as many community radio supporters as 
possible respond to this consultation on the Community Radio Order 
and, although it is not one of the consultation questions, I don't 
think we should miss the opportunity to remind DCMS that all of these 
funding restrictions, justified or not, were to be accompanied by a 
sizeable Community Radio Fund, which would have gone some way to 
compensate, especially for those in the 150,000 overlap areas who are 
not allowed to raise revenue from advertising and programme sponsorship at all.

And a reminder to all that there is a parallel consultation on 
funding that closes a month later, on 22 September, where we must 
further press the case for community radio to be recognised as an 
"essential" form of public service broadcasting content in the 
distribution of funds for services outside the BBC. The consultation 
is focussed on news services, but completely misses the role of 
citizen reporters and community correspondents working through 
community media, and fails to mention community media in other 
"essential" services.

The two consultations are here:

Community Radio licensing regime (closing 25 August)
http://www.culture.gov.uk/reference_library/consultations/6213.aspx

Sustainable, independent and impartial news (closing 22 September)
http://www.culture.gov.uk/reference_library/consultations/6245.aspx

Best wishes

Steve

At 13:54 11/08/2009, Jaqui Devereux wrote:
>Dear all
>
>Please find below the CMA responses to the DCMS consultation on
>potential changes for the community radio sector - including making
>provision for licence extensions etc.
>
>NB a few of you have told me you did not respond to the DCMS as you
>agreed with our response.  We urge you to respond directly to DCMS as
>they need to know the depth of feeling and concern in the sector re the
>future legal arrangements.
>
>You can send them an online response from our website if that is easier
>for you.
>
>Best wishes
>
>Jaqui
>
>
>
>Dear all
>
>DCMS Consultation on Amendments to the Community Radio Licensing Regime
>
>I am writing to remind you that the DCMS is currently consulting on
>proposed changes to community radio legislation.  Full details of the
>consultation can be found on the CMA website:
>
>www.commedia.org.uk
>
>The DCMS is asking for responses to three questions.  The closing date
>for responses to the DCMS is 25th August 2009.  The draft CMA response
>to these questions would be as follows, please let us know if you
>agree/disagree, and if there is anything else we should mention in our
>response:
>
>
>1.    Do you agree with the proposed criteria for Ofcom to apply when
>considering a 5 year extension?
>
>
>1    The CMA agrees that there needs to be provision in law for the
>extension of community radio licences.  We believe that where a station
>has demonstrated clearly its performance on delivering social gain and
>meeting all other aspects of its key commitments, it should be able to
>apply for a licence extension after five years, and then again at the
>end of the next five year period rather than as a one off.  If the
>government does not accept this, then there needs to be a clear, timely
>and transparent process for reapplication in place for stations that
>have already had one five year extension as they need to be able to plan
>for the future.
>
>
>2.    Do you think the 50% funding restriction from any one source should
>be lifted?
>
>The CMA strongly believes that the 50% funding restriction from any one
>source should be lifted, particularly where grant and Service Level
>Agreement funding is concerned.  Stations would need to take care that
>the funder does not exert undue influence over the station, particularly
>its editorial independence especially when the community might voice
>opinions and views the funder does not like.  However we think that
>would be a matter for the station, in ensuring that it meets its key
>commitments, rather than something to be enshrined in law, as this
>funding restriction does.
>
>Re the 50% rules on on air advertising and sponsorship, we reiterate our
>response to the 2007 consultation on the Future of Radio:
>
>We recognise the necessity that community radio delivers on all its
>social gain/community benefit criteria and maintains editorial
>independence.  We would urge the government to explore ways of measuring
>this, regardless of the sources of income a station receives.  There are
>many arguments for retaining in statute a fixed percentage limit on
>income from on air advertising and sponsorship as currently exists.
>However, any such limit is by nature arbitrary.  Therefore we would
>advocate a change in approach, whereby there is no fixed limit, but a
>requirement to ensure and demonstrate that there is more than one source
>of income and that no particular source of funding exerts undue
>influence on the character of a particular community radio station and
>accountability to its community.  Many stations are affected by the
>current rules, either because they have to turn away small, very local
>advertisers (who would not otherwise advertise on commercial radio), or
>because they are unable under the rules to accept grant funding because
>it would form more than fifty percent of the station?s income.  The
>viability of the sector depends on this rule being changed, to allow
>greater flexibility while not compromising independence and
>accountability.  We also think that further guidance on the current
>rules would be helpful, to enable stations to clearly distinguish what
>sources of income fall under the fifty percent rules.
>
>
>3.    i) Do you think that the rule prohibiting a community radio station
>from being licensed if it would overlap with an existing local radio
>service whose MCA is no more than 50,000 adults, should be lifted?
>ii) If so, should the advertising and sponsorship restriction be applied
>to community radio stations that overlap with local radio services of up
>to 150,000 adults?
>
>We do think that the rule prohibiting the licensing of a station whose
>MCA is less than 50,000 should be lifted.
>
>However, we cannot agree with the further restriction on stations whose
>MCA is up to 150,000, preventing them either partly or entirely from
>receiving on air advertising and sponsorship.  In our view this amounts
>to restraint of trade and unfair competition rules.  Therefore we would
>propose that the rules governing the level of on air advertising and
>sponsorship, whatever they may be, apply equally to all community radio
>stations, whatever their MCA and regardless of any other businesses that
>exist in their locality.
>
>We also urge you to respond directly to the DCMS consultation, please do
>copy us in as we really do care what our members think.
>
>Yours sincerely
>
>Jaqui
>--
>Jaqui Devereux
>
>Director
>Community Media Association
>
>15 Paternoster Row
>Sheffield
>S1 2BX
>
>+44 114 279 5219
>
>
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             Steve Buckley, CM Solutions
              Email: steve at cmso.co.uk
                    Tel: +44 114 220 1426
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                        www.cmso.co.uk
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