[cma-l] The Cost Of The DAB Trials

[Tony Bailey]

Revenue collection agencies would be falling down on the job if they 
agreed to collect less cash.  You can't argue with them, unless you have 
a cheaper legal team than they have!  I don't know if the Tribunal route 
is viable for similar reasons.  One other possibility, which might be 
worth a look is the ex-competition regulator, now re-born as - the CMA! 
Only this time it means the Competition and Markets Authority.  As new 
boys on the block they might be worth asking since the collection 
agencies are effectively monopolies and have to act in the public 
interest under the 1973 Fair Trading Act (as amended by the 1998 
Competition Act).  The CMA will hear complaints from business as well as 
consumers.

Tony Bailey

On 12/03/15 21:06, tlr at gairloch.co.uk wrote:
> Re the question of profits, I gave my take on that in my reply to 
> Nick. PPL's position would be that it isn't concerned with your 
> profits, it is concerned to get a fair return on the value you get 
> from their members in being able to run the radio station at all, 
> whether that is for social gain or financial gain.The argument I have 
> with PPL is in their approach and attitude, and the actual amounts 
> they try to levy.  Especially I see no true justification for the 
> large minimum charges under the licences (that just encourages them to 
> have inefficient admin with the costs covered by small stations). Nor 
> do I believe there should be additional fees for simulcasts. The 
> strange thing is you could treble your population coverage 
> geographically (Ofocm permitting) and there would be no change 
> whatever in the licence other than reflected in increased revenue, but 
> if you add a different access method, even covering teh same area, 
> they want a huge increase in charges.
> The trouble is that with annual revenues approaching £200m, PPL can 
> rely on the principle of 'might is right' to have it all its own way 
> with small operators. The present system denies justice to those who 
> can't afford the barristers' fees and risk the potential legal costs 
> of arguing their case before the Copyright Tribunal, which is the 
> arbitration route offered by the law.
> The only routes left for thise without thousands to spend on 
> legalities are either individual negotiation, which PPL says it won't 
> do, a collective approach, which is where CMA could really come into 
> its own, lobbying the legislators, civil disobedience, or a 
> combination of all the above.
> Sadly, CMA's track record of negotiating with PPL isn't very inspiring 
> - they have achieved tiny concessions around the edges of the licence, 
> but no overall rationalization or serious reduction in charges. The 
> whole sector should long ago have held out for a simple low percentage 
> of revenue royalty - I would propose 1% of NBR for micro/non-profit 
> stations (eg turnover less than say £100k or a similar threshold 
> figure related to the current 2% and 3% bands). Full stop. No minimum 
> charges, no extra licences for simulcasts.
> Alex
>> On 12 March 2015 at 18:21 David Duffy <david at theradiopeople.co.uk> 
>> wrote:
>>
>> Hi Nick/Phil
>> Just before I reply. can I ask. This email thread it's missing other 
>> people's contributions on the subject of 'The Cost Of The DAB 
>> Trials' that were made previously (including one from me). I don't 
>> begin to understand how mailman works but my earlier response is 
>> still on the thread online but not in this email.  What's that all 
>> about?
>> Anyhow, I wholeheartedly agree.  I think there is a strong case for 
>> the CMA to talk to both copyright bodies on the grounds that as the 
>> use of their members material is on a not-for-profit basis, community 
>> radio stations should be exempt from fees.  Unlike a commercial radio 
>> station where ultimately the shareholders gain financially from the 
>> use of copyrighted material; or in a shop where the proprietor 
>> benefits commercially from playing copyrighted material; the use of 
>> the very same copyrighted material on a not-for-profit community 
>> radio station just contributes to the service perpetuating. There is 
>> no net financial gain. If anything, the playing of their members 
>> material contributes to sales, downloads, merchandise, concert 
>> tickets, etc. So their must surely be a zero sum argument to be 
>> negotiated here on behalf of the Community Radio sector?
>> David
>> www.theradiopeople.co.uk <http://www.theradiopeople.co.uk>
>>
>>> On 12 Mar 2015, at 16:38, Canalside's The Thread < 
>>> office at thethread.org.uk <mailto:office at thethread.org.uk>> wrote:
>
>
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Local Reports athttp://www.ravensound.pilgrimsound.co.uk

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