[cma-l] Small Scale DAB Continued Discussion

Tue Mar 8 11:36:33 GMT 2016

- Have changed the subject title so we stop hijacking the original thread
(the CMA asking for points for the meeting).

Maybe that is the wrong choice of words? and certainly wouldnt want to put
any words into DCMS or Ofcoms mouths.

I was stressing more the point that this is a government / DCMS decision
not Ofcoms, so we are not entirely being fair with our criticism with them.
- Equally I am not sure why we are being so negative about this, whilst I
admit for those that didnt apply because of it being 9 months.. it is what
it is (and I dont think anyone knew that this was a possible outcome when
it was advertised)

I myself thought we would get the trial, everything would get packed up and
we wouldnt hear anything for months.

Surely this is a good sign, that government want it to happen, and just
dont want those in the trial to face issues coming off and going back on.

What maltreatment has there been?

On 8 March 2016 at 11:32, Alex Gray, Two Lochs Radio <tlr at gairloch.co.uk>
 wrote:

> That may be so, but as they are always telling us, DCMS cannot overrule
> Ofcom’s statutory duties and principles – that takes a change of
> legislation. The station’s concerned will now be given two-year DAB
> licences based primarily on criteria that are not those currently
> applicable to licensing of new ongoing radio services.
>
>
>
> Whether the maltreatment has been by DCMS or Ofcom, or the two in
> consultation and mutual agreement, it doesn’t change an outcome that has
> clearly aggravated many of those who responded to the original terms of the
> trial in good faith.
>
>
> Alex
>

On 8 March 2016 at 11:29, Ian Hickling <transplanfm at hotmail.com
<https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=transplanfm@hotmail.com>
> wrote:

> The DCMS "instructing" Ofcom?
> Are you sure Martin?
> That doesn't seen to happen anywhere near often enough.
> I can think of quite a few more "instructions" that are long overdue.
>
> ------------------------------
> From: martin at martinsteers.co.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=martin@martinsteers.co.uk>
> Date: Tue, 8 Mar 2016 11:11:18 +0000
> To: cma-l at mailman.commedia.org.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=cma-l@mailman.commedia.org.uk>
>
> Subject: Re: [cma-l] Ofcom: 10th March, DCMS: 11th March
>
> To clarify really.. this was not ofcoms decision, it was the DCMS who have
> instructed Ofcom to extend the trials, it wouldnt be fair to hold criticism
> against Ofcom for this as they are simply following instructions
>
> They have also stated that post the 9 month "trial" period they wont
> provide any more technical support.
>
> On 8 March 2016 at 10:59, Alex Gray, Two Lochs Radio <tlr at gairloch.co.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=tlr@gairloch.co.uk>>
> wrote:
>
> James
>
>
>
> What you say about Ofcom’s role regarding choice and plurality is of
> course true for duly-licensed regular broadcast services. However, Ofcom
> also has a duty to observe transparent and equitable treatment of
> stakeholders, and this is where it appears to be falling short in this case.
>
>
>
> Despite what you say, we are not talking about intended ongoing programme
> services – this was strictly a technical trial for a limited period – Ofcom
> was a great pains to make this very clear to all applicants, regardless of
> what nod or wink you feel it gave at a meeting. The criteria for selection
> of participants was also only to a limited extent based on extending choice
> – most are simulcasts and there was only a requirement to carry a minimum
> of two services. The primary criteria for awards were to do with achieving
> a spread of different technical scenarios for transmission, relays and
> programme feeds.
>
>
>
> In fact, Ofcom’s selection criteria for the trial included about 60
> specific technical criteria and just 12 programming/service criteria.
>
>
>
> It would have been reckless of a community radio station to base plans on
> anything other than the strict 9-month technical trial, which meant most,
> including ourselves, had to rule themselves out, even where they could have
> offered a very useful additional technical challenge to evaluate the system
> (such as our mountainous terrain), but Ofcom is now giving a distinct
> advantage to those who took a gamble with their station’s resources. Ofcom
> has also paid for a substantial amount of equipment for what is now an
> ongoing service, and no longer qualifies as a technical trial. (NB those
> stations and Ofcom should really now be recording that as ‘state aid’ which
> may affect other grant applications.)
>
>
>
> Whether or not Ofcom has taken the right decision at this point, I don’t
> see how you could be surprised that the decision might aggrieve some who
> took Ofcom at its word and based their own decisions on goalposts that it
> has retrospectively moved a very significant distance.
>
>
>
> Alex
>
>
>
> *From:* cma-l-bounces at mailman.commedia.org.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=cma-l-bounces@mailman.commedia.org.uk>
> [mailto:cma-l-bounces at mailman.commedia.org.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=cma-l-bounces@mailman.commedia.org.uk>]
> *On Behalf Of *James Cridland
> *Sent:* 08 March 2016 02:26
> *To:* martin at martinsteers.co.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=martin@martinsteers.co.uk>;
> The Community Media Association Discussion List <
> cma-l at mailman.commedia.org.uk
> <https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=cma-l@mailman.commedia.org.uk>
> >
> *Subject:* Re: [cma-l] Ofcom: 10th March, DCMS: 11th March
>
>
>
> In a stakeholder meeting, I asked (when these were first advertised)
> whether they'd really be pulled off after nine months, denying audiences
> the additional choice they may have become accustomed to. Ofcom wriggled a
> bit in their answer, but seemed to say "we'll look at that when the time
> comes". There was a clue there.
> >As this is a technical feasibility trial how is extending it to 3 years
> going to give a significantly better outcome?<
> It isn't. The actual technical feasibility trial is over; at least,
> without making a few changes to the multiplexes, Ofcom won't learn more
> over the next two years. That's not the point really.
> It's worthwhile examining why Ofcom exists.
> http://www.ofcom.org.uk/about/what-is-ofcom/statutory-duties-and-regulatory-principles/
> - it is there to ensure a wide range of services and a plurality of
> providers. Turning off services while men in suits look at broadcast law
> and at broadcast field strengths is against Ofcom's statutory duty. More to
> the point, it is also unnecessary.
> So, Ofcom has elected not to remove the additional choice to listeners
> that these small-scale multiplexes offer. They now have two years to look
> at the results of the data and then at the legislation. It's the right
> choice for the listener, and I'm surprised that anyone would want anything
> else.
> J
>
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