[cma-l] Ofcom breaches - lessons for all stations

Thu Aug 4 11:33:27 BST 2011

It's a good point Martin - but it all comes down to the Ofcom unofficial "mission statement" - "We're a Regulator - not a Provider"
Ofcom actually can have no interest in how well or otherwise a licensed broadcaster runs its business - only whether it adheres to conventional business practices and the provisions of the Acts and Regulations.
Hence if the Business Plan and all the other details in an Application appear to be in order, Ofcom has no further control nor influence over the Licensee unless it is made aware of a transgression.
It would seem to be obvious that Ofcom and indeed HMG as a whole should be seen to be supportive of the Sector, but too often hands appear to be tied and eyes and ears closed.
We just have to shout louder and longer.

------------------------------------
Ian Hickling
Partner
transplan UK

From: martin at martinsteers.co.uk
Date: Thu, 4 Aug 2011 11:17:09 +0100
Subject: Re: [cma-l] Ofcom breaches - lessons for all stations
To: office at ccr-fm.co.uk
CC: ian at transplan.uk.com; cma-l at commedia.org.uk

Now here is an interesting question I have for the list.

I think at present Ofcom only has the following options open to them in terms of sanctions for community radio stations.

Termination of license
Suspension of license
shortening of license
fine

Now how do any of these benefit the community station or the community they serve? (As I assume that if a license was terminated they wouldnt allow a new application unless during a formal applications period)
What else could or should Ofcom be allowed to do?
Do you not find it weird that for example the charities commission can actually go in and take over a failing charity (and / or sack trustees) yet Ofcom dont have any powers to temporary take over a failing station or force directors to resign.

Thoughts?

M

On Wed, Aug 3, 2011 at 7:04 PM, Office - ccr-fm <office at ccr-fm.co.uk> wrote:

Good point Ian and worth noting.

I do inform them of all our mistakes by e-mail. That’s about 11 e-mails a day    lol  J

Nick

From: cma-l-bounces at mailman.commedia.org.uk [mailto:cma-l-bounces at mailman.commedia.org.uk] On Behalf Of Ian Hickling
Sent: 03 August 2011 17:58
To: martin at martinsteers.co.uk; cma-l
Subject: [cma-l] Ofcom breaches - lessons for all stations

I know the situation with that station and access to the top of that tower block isn't easy - even though the pirates don't seem to have the same degree of difficulty!
The important ppoint here is that the Licensee has to put it to the Site Owner - in this case a division of the Local Authority -  is that Ofcom requires statutory access to the transmission equipment of all licensed broadcasters.
Th other relevant point - as we found out to our cost at XS Wales - is that you must inform Ofcom as soon as anything goes amiss.
Do that and you are in fact well protected because any complainant is then told that Ofcom is aware of the situation and it is in hand.
That done, Ofcom is seen to work on your protection rather than the other way round.
------------------------------------
Ian Hickling
Partner
transplan UK

From: martin at martinsteers.co.uk
Date: Wed, 3 Aug 2011 16:58:08 +0100
To: cma-l at commedia.org.uk
Subject: Re: [cma-l] Ofcom breaches - lessons for all stations

Hiya all,

Its certainly an interesting thing, and correct me if I am wrong but I think this is the first time a community station has been sanctioned.

Full details are here: http://goo.gl/NdBqw

Its for them failing to broadcast in december last year, and their level of cooperation with ofcom over the issue.

No doubt this will create alot of discussion on and off this list which is very healthy for the sector.

The biggest issue seemed to be the access to their transmission setup, there is a lesson there for all stations. 

You need to check how quickly can you get access to your transmission equipment if there was a problem? and do you have backup plans in case of failure of transmission kit or studio (or the link between). 

But also as ever, if your having problems that are going to effect your KC then make sure Ofcom are the first to know and not the last.. 

Martin

On Wed, Aug 3, 2011 at 4:11 PM, Jaqui Devereux <jaqui.devereux at commedia.org.uk> wrote:
Dear all

You may be aware of the latest Ofcom sanctions levied against a
community radio station for an apparent failure to broadcast.  in the
event it would appear that access to the transmission system failed
and that led to the breach.

Once again we would remind everyone to assume that all the worst
things that could happen will happen and have your backup plans in
place!

Also, as your representative body we are always happy to try to help
if you have a problem, please do contact us,

Best wishes

Jaqui

--
Jaqui Devereux
Director, Community Media Association
Community Media Association
http://www.commedia.org.uk

t: 0114 279 5219

Canstream Internet Radio & Video
http://www.canstream.co.uk/

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https://www.facebook.com/CommunityMediaAssociation
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