[cma-l] The Cost Of The DAB Trials

Fri Mar 13 15:18:43 GMT 2015

Many thanks Tony.

There is a CMA Council meeting tomorrow and I'll raise this matter about
contacting the Competition and Markets Authority about copyright issues.

Best regards

Bill
-- 
Operations Manager
Community Media Association
http://www.commedia.org.uk/
https://twitter.com/community_media
http://www.facebook.com/CommunityMediaAssociation

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

On 13 March 2015 at 15:01, Tony Bailey <ravensound at pilgrimsound.co.uk>
wrote:

>  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>
> <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
>
>
>   On 12 Mar 2015, at 16:38, Canalside's The Thread <
> office at thethread.org.uk> wrote:
>
>
>
>
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> --
> Local Reports at http://www.ravensound.pilgrimsound.co.uk
>
>
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