[cma-l] Local TV and Community Radio

[Tony Bailey]

Alex,

According to the records, the Community Radio Licences were established 
by the 2004 Order (a statutory instrument) which set out the various 
rules on income, etc., subsequently amended by the Community Radio 
(Amendment) Order 2010 (removed the 50,000 lower limit among other 
things).  The primary legislation being the Broadcasting Act 1990.  In 
effect, it seems to me that community radio has been created (and 
amended) by statutory instruments rather than primary legislation.

Regards,  Tony Bailey



On 14/02/14 17:18, Two Lochs Radio wrote:
> I'm sure they do read it Terry, but this is strictly a DCMS (UK Government)
> matter. When Community Radio licences were established Parliament put many
> details of the licences into primary legislation - ie it requires an Act of
> Parliament to change the 50% etc rules, and not simply a regulation or order
> laid down by a minister. That's quite unusual nowadays - usually the
> Government is criticized for passing too much 'enabling legislation' and
> leaving the details to the political whim of ministers.
>
> That the law was drafted so prescriptively was no doubt down to effective
> lobbying by the Commercial Radio Companies Association (now called
> RadioCentre), alhtough I daresay the Radio Authority would also have made
> recommendations.
>
> The DCMS has seemed quite keen for a couple of years now to remove or lower
> the caps on CR advertising, but as it requires an Act of Parliament they
> were never likely to do it in a rush, and will have standard consultation
> exercises to do, as they are doing now.
>
> Ofcom is simply implementing what's been laid down in law and has do
> discretionary power to vary the 50% or 0% thresholds, although I'm sure DCMS
> will be consulting Ofcom among others for advice in addition to the public
> consultation.
>
> Alex
>
> ----- Original Message -----
> From: "terry mechan" <terrymechan at live.co.uk>
> To: <cma-l at commedia.org.uk>
> Sent: Friday, February 14, 2014 1:41 PM
> Subject: Re: [cma-l] Local TV and Community Radio
>
>
>> Considering the considerable input from interested parties on this forum,
>> and more particular on this subject since the demise of Stroud FM , one
>> hopes that someone from OFCOM subscribes to this mailing list
>>
>> If not, the maybe the moderator might like to send them the thread link so
>> they can read the responses and suggestions first hand and as they come
>> in.
>>
>> Terry Mechan
>>
>>
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